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City Council - 07/17/2012
AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JULY 17, 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. GREENSTEP CITIES AWARD B. CONTRIBUTION FROM TEAM FOXJET (Resolution) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,MAY JUNE 19, 2012 B. CITY COUNCIL MEETING HELD TUESDAY, JUNE 19,2012 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF THE ORDINANCE AMENDING SECTION 2.05 OF THE CITY CODE RELATING TO SALARIES OF MAYOR AND COUNCIL MEMBERS C. ADOPT RESOLUTION APPROVING FINAL PLAT OF FLYING CLOUD ADDITION D. APPROVE AGREEMENT WITH THE CITY OF BLOOMINGTON FOR ANIMAL IMPOUND SERVICES CITY COUNCIL AGENDA July 17, 2012 Page 2 E. ADOPT RESOLUTION DECLARING PROPERTY AS ABANDONED F. AWARD CONTRACT TO HAMMEL, GREEN, ABRAHAMSON, INC. FOR AQUATICS FEASIBILITY STUDY G. AWARD CONTRACT TO CUSTOM BUILDERS INC. FOR ROUND LAKE PARK SKATE PARK H. APPROVE PLANS & SPECIFICATIONS FOR JOSEPH CURVE AREA DRAINTILE PROJECT I. APPROVE CHANGE ORDER#1 FOR PRAIRIE CENTER DRIVE WATERMAIN PROJECT J. APPROVE AMENDED CONTRACT, PLANS AND SPECIFICATIONS AND ORDER ADVERTISEMENT FOR BIDS FOR EXPANSION OF TWO PONDS IN STARING LAKE WATERSHED AND APPROVE AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH WENCK ASSOCIATES K. ADOPT RESOLUTION AUTHORIZING EXECUTION OF LIMITED USE PERMIT FOR TRAIL PURPOSES WITH MNDOT L. APPROVE CONTRACT WITH WALL TRENDS, INC. FOR RECOATING LIME SILO EQUIPMENT AT WATER TREATMENT PLANT M. ADOPT RESOLUTION APPROVING PLANS & SPECIFICATIONS FOR NORTHERN SEGMENT OF THE SHADY OAK ROAD IMPROVEMENTS N. APPROVE PURCHASE OF WELL 8 CONTROL PANEL O. ADOPT RESOLUTION DECLARING THE CITY'S OFFICIAL INTENT TO REIMBURSE ITSELF FOR PRIOR EXPENDITURES OUT OF THE PROCEEDS OF A SUBSEQUENTLY ISSUED SERIES OF BONDS P. ADOPT RESOLUTION APPROVING THE CERTIFICATE OF TERMINATION OR DELETION OF COVENANTS FOR PARKWAY APARTMENTS Q. ADOPT RESOLUTION APPROVING 2012 APPOINTMENT OF ELECTION JUDGES FOR THE PRIMARY AND GENERAL ELECTION S. APPROVE PURCHASE OF REPLACEMENT CAR/TRUCK LIFT FROM WESTSIDE EQUIPMENT OF MEDINA T. AWARD BID FOR TRAIL OVERLAY AND RECONSTRUCTION WORK TO MIDWEST ASPHALT CORPORATION U. APPROVE ACQUISITION OF PARCEL 9 FOR THE NORTHERN SEGMENT OF THE SHADY OAK ROAD IMPROVEMENTS CITY COUNCIL AGENDA July 17, 2012 Page 3 IX. PUBLIC HEARINGS/MEETINGS A. ADOPT RESOLUTION AMENDING THE TAX INCREMENT FINANCING PLAN AND PROJECT MANAGEMENT AGREEMENT FOR TAX INCREMENT FINANCING DISTRICT NO. 12 B. RESOLUTION VACATING ALL THE DRAINAGE AND UTILITY EASEMENTS LYING OVER, UNDER AND ACROSS LOT 3,BLOCK 1, SPRING HEIGHTS C. MITCHELL CROSSING APARTMENTS 2012 by Eden Prairie Development. Request for: Guide Plan Change from Community Commercial to High Density Residential on 3.098 acres, Planned Unit Development Concept Review on 3.098 acres, Planned Unit District Review with waivers on 3.098 acres, Zoning District Change from Community Commercial to RM-2.5 on 3.098 acres, Preliminary Plat of 3.098 acres into one lot and Site Plan Review on 3.098 acres. Location: Mitchell Road and Cochrane Lane. (Resolution for Guide Plan Change; Resolution for PUD Concept Review; Resolution for Preliminary Plat) D. CARRIE & ROBERT CLAUS REZONING by Robert & Carrie Claus. Request for: Zoning District Change from Rural to R1-13.5 on .5 acres. Location: 12491 Sunnybrook Road. (Ordinance for Zoning District Change) E. HIGHPOINT AT RILEY CREEK by Manley Development. Request for: Zoning District Change from Rural to R1-13.5 on 5.0 acres and Preliminary Plat on 5.0 acres into 12 lots. Location: 9765 Sky Lane. (Resolution for Preliminary Plat) F. THE MEADOWS AT RILEY CREEK 2012-REMPFER/DRIVER by Marsh Cove, LLC. Request for: Zoning District Change from Rural to R1-13.5 on 10.11 acres and Preliminary Plat on 10.11 acres into 23 lots. Location: 9805 & 9845 Sky Lake. (Resolution for Preliminary Plat) G. PRECIOUS METAL DEALER'S LICENSE FOR AURORA DESIGNS, INC. H. PRECIOUS METAL DEALER'S LICENSE FOR GOLD MONEY EXPRESS X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE GRANTING A CABLE TV FRANCHISE TO COMCAST AND FIRST READING OF ORDINANCE REPEALING THE CABLE TV REGULATORY ORDINANCE B. SECOND READING OF AN ORDINANCE GRANTING A CABLE TV FRANCHISE TO COMCAST AND RESOLUTION APPROVING SUMMARY ORDINANCE AND SECOND READING OF ORDINANCE REPEALING THE CABLE TV REGULATORY ORDINANCE, CITY COUNCIL AGENDA July 17, 2012 Page 4 C. CARRIE & ROBERT CLAUS REZONING by Robert & Carrie Claus. Second Reading of the Ordinance for Zoning District Change from Rural to R1- 13.5 on .5 acres (Ordinance for Zoning District Change) XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. SOUTHWEST LRT COMMUNITY ADVISORY COMMITTEE 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. Policy on In-Street Yield to Pedestrian Signs F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA REVISED DATE: July 13, 2012 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, July 17, 2012 TUESDAY,JULY 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 subject matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium, please contact the City Manager's Office. IV. PROCLAMATIONS/PRESENTATIONS A. GREENSTEP CITIES AWARD Diana McKeown, Metro CERT Director, will present the GreenStep Cities award to the City Council on behalf of the MPCA. B. CONTRIBUTION FROM TEAM FOXJET (Resolution) Synopsis: Team Foxjet is a significant user group of the Eden Prairie Community Center pool space. The club has experienced continued growth and has a need for additional time and space. Code changes have also made the pool no longer available for meets and future diving experiences. Staff and Board Members from Team Foxjets began conversations to explore solutions to deficiencies and challenges associated with the aquatics facility at the Eden Prairie Community Center Pool. Board Members expressed an interest and a willingness to participate in a financial way if a feasibility study were to move forward. MOTION: Adopt the Resolution accepting the $10,000 Contribution from Team Foxjet toward the Aquatics Feasibility Study. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. ANNOTATED AGENDA July 17,2012 Page 2 VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, MAY JUNE 19, 2012 B. CITY COUNCIL MEETING HELD TUESDAY, JUNE 19, 2012 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-U on the Consent Calendar. A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF THE ORDINANCE AMENDING SECTION 2.05 OF THE CITY CODE RELATING TO SALARIES OF MAYOR AND COUNCIL MEMBERS C. ADOPT RESOLUTION APPROVING FINAL PLAT OF FLYING CLOUD ADDITION D. APPROVE AGREEMENT WITH THE CITY OF BLOOMINGTON FOR ANIMAL IMPOUND SERVICES E. ADOPT RESOLUTION DECLARING PROPERTY AS ABANDONED F. AWARD CONTRACT TO HAMMEL, GREEN, ABRAHAMSON, INC. FOR AQUATICS FEASIBILITY STUDY G. AWARD CONTRACT TO CUSTOM BUILDERS INC. FOR ROUND LAKE PARK SKATE PARK H. APPROVE PLANS & SPECIFICATIONS FOR JOSEPH CURVE AREA DRAINTILE PROJECT I. APPROVE CHANGE ORDER#1 FOR PRAIRIE CENTER DRIVE WATERMAIN PROJECT J. APPROVE AMENDED CONTRACT, PLANS AND SPECIFICATIONS AND ORDER ADVERTISEMENT FOR BIDS FOR EXPANSION OF TWO PONDS IN STARING LAKE WATERSHED AND APPROVE AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH WENCK ASSOCIATES K. ADOPT RESOLUTION AUTHORIZING EXECUTION OF LIMITED USE PERMIT FOR TRAIL PURPOSES WITH MNDOT L. APPROVE CONTRACT WITH WALL TRENDS, INC. FOR RECOATING LIME SILO EQUIPMENT AT WATER TREATMENT PLANT ANNOTATED AGENDA July 17,2012 Page 3 M. ADOPT RESOLUTION APPROVING PLANS & SPECIFICATIONS FOR NORTHERN SEGMENT OF THE SHADY OAK ROAD IMPROVEMENTS N. APPROVE PURCHASE OF WELL 8 CONTROL PANEL O. ADOPT RESOLUTION DECLARING THE CITY'S OFFICIAL INTENT TO REIMBURSE ITSELF FOR PRIOR EXPENDITURES OUT OF THE PROCEEDS OF A SUBSEQUENTLY ISSUED SERIES OF BONDS P. ADOPT RESOLUTION APPROVING THE CERTIFICATE OF TERMINATION OR DELETION OF COVENANTS FOR PARKWAY APARTMENTS Q. ADOPT RESOLUTION APPROVING 2012 APPOINTMENT OF ELECTION JUDGES FOR THE PRIMARY AND GENERAL ELECTION S. APPROVE PURCHASE OF REPLACEMENT CAR/TRUCK LIFT FROM WESTSIDE EQUIPMENT OF MEDINA T. AWARD BID FOR TRAIL OVERLAY AND RECONSTRUCTION WORK TO MIDWEST ASPHALT CORPORATION U. APPROVE ACQUISITION OF PARCEL 9 FOR THE NORTHERN SEGMENT OF THE SHADY OAK ROAD IMPROVEMENTS IX. PUBLIC HEARINGS/MEETINGS A. ADOPT RESOLUTION AMENDING THE TAX INCREMENT FINANCING PLAN AND PROJECT MANAGEMENT AGREEMENT FOR TAX INCREMENT FINANCING DISTRICT NO. 12 Official notice of this public hearing was published in the July 5, 2012,Eden Prairie News. Synopsis: The Tax Increment Financing Plan for District 12, the Columbine Townhomes, is set to expire at the end of 2012. Subsequently, Developer sought amendment of the Tax Increment Financing Plan and Project Management Agreement to increase the estimated term and budget, to facilitate further reimbursement of eligible costs in order to continue the provision of affordable housing, and to make certain other changes. The HRA finds that the continued operation of the project is not sustainable without the continued Tax Increment financing subsidy, and that the Amended Financing Plan conforms to the general plan for the development or redevelopment of the City as a whole. MOTION: Move to: Continue the public hearing. B. RESOLUTION VACATING ALL DRAINAGE AND UTILITY EASEMENTS LYING OVER, UNDER AND ACROSS LOT 3,BLOCK 1, SPRING HEIGHTS Official notice of this public hearing was published in the June 28, 2012,Eden Prairie News and sent to seven property owners. ANNOTATED AGENDA July 17,2012 Page 4 Synopsis: The property owners have requested the vacation of all the drainage and utility easements to facilitate the plat of Eden Prairie Woods for new home construction. The drainage and utility easements were originally dedicated with the plat of Spring Heights. New drainage and utility easements will be dedicated with the plat of Eden Prairie Woods. The release of the resolution vacating the drainage and utility easements shall be conditioned on the recording of the plat of Eden Prairie Woods. MOTION: Move to: • Close the public hearing; and • Adopt the resolution vacating all the drainage and utility easements lying over, under and across Lot 3, Block 1, SPRING HEIGHTS according to the recorded plat thereof, Hennepin County, Minnesota. C. MITCHELL CROSSING APARTMENTS 2012 by Eden Prairie Development. Request for: Guide Plan Change from Community Commercial to High Density Residential on 3.098 acres, Planned Unit Development Concept Review on 3.098 acres, Planned Unit District Review with waivers on 3.098 acres, Zoning District Change from Community Commercial to RM-2.5 on 3.098 acres, Preliminary Plat of 3.098 acres into one lot and Site Plan Review on 3.098 acres. Location: Mitchell Road and Cochrane Lane. (Resolution for Guide Plan Change; Resolution for PUD Concept Review; Resolution for Preliminary Plat) Official notice of this public hearing was published in the July 5, 2012, Eden Prairie News and sent to nine property owners. Synopsis: See cover sheet for detail. MOTIONS: Move to: Continue the public hearing to the August 21, 2012, City Council meeting and refer the 192-unit proposal to the Planning Commission to conduct a Public Hearing. D. CARRIE & ROBERT CLAUS REZONING by Robert & Carrie Claus. Request for: Zoning District Change from Rural to R1-13.5 on .5 acres. Location: 12491 Sunnybrook Road. (Ordinance for Zoning District Change) Official notice of this public hearing was published in the July5, 2012,Eden Prairie News and sent to 46 property owners. Synopsis: This is a rezoning of a single family lot from Rural to R1-13.5 located at 12491 Sunnybrook Road. The proposed lot conforms to the requirements of the R1- 13.5 zoning district for lot size and lot dimensions. The lot is a non-conforming Rural Zoned property since it does not meet the 10-acre minimum lot size. The owner wants to build an addition to the existing garage. Since the property is zoned Rural, the garage addition does not conform to the side yard setbacks for the Rural Zoning District. A staff report for second reading of the ordinance for rezoning is located under Ordinances and Resolutions. The 120-Day Review Period Expires on ANNOTATED AGENDA July 17,2012 Page 5 September 28, 2012. The Planning Commission voted 7-0 to recommend approval of the rezoning from Rural to R1-13.5 at the June 25, 2012 meeting. MOTION: Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance Zoning District Change from Rural to R1-13.5 on 0.5 acres E. HIGHPOINT AT RILEY CREEK by Manley Development. Request for: Zoning District Change from Rural to R1-13.5 on 5.0 acres and Preliminary Plat on 5.0 acres into 12 lots. Location: 9765 Sky Lane. (Resolution for Preliminary Plat) Official notice of this public hearing was published in the July 5, 2012, Eden Prairie News and sent to 25 property owners. Synopsis: This is a 12 lot single family subdivision that conforms to the requirements of the R1-13.5 Zoning District and Comprehensive Guide Plan. The 120-Day Review Period Expires on August 31, 2012. The Planning Commission voted 7-0 to recommend approval of the project at the June 25, 2012 meeting. MOTION: Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance for Zoning District Change from Rural to R1-13.5 on 5.0 acres; and • Adopt the Resolution for Preliminary Plat on 5.0 acres into 12 lots; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions; and • Approve and Authorize Issuance of a Land Alteration Permit for the High Point at Riley Creek project subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated July 11, as approved by the City Council. F. THE MEADOWS AT RILEY CREEK 2012-REMPFER/DRIVER by Marsh Cove, LLC. Request for: Zoning District Change from Rural to R1-13.5 on 10.11 acres and Preliminary Plat on 10.11 acres into 23 lots. Location: 9805 & 9845 Sky Lake. (Resolution for Preliminary Plat) Official notice of this public hearing was published in the July 5, 2012, Eden Prairie News and sent to 27 property owners. Synopsis: This is a 23 lot single family subdivision that conforms to the requirements of the R1-13.5 Zoning District and Comprehensive Guide Plan. The 120-Day Review Period Expires on September 18, 2012. The Planning Commission voted 7-0 to recommend approval of the project at the June 25, 2012 meeting. ANNOTATED AGENDA July 17,2012 Page 6 MOTION: Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance for Zoning District Change from Rural to R1-13.5 on 10.11 acres; and • Adopt the Resolution for Preliminary Plat on 10.11 acres into 23 lots and road right of way; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions; and • Approve and Authorize Issuance of a Land Alteration Permit for the Meadows at Riley Creek 2012 Rempfer/Driver project subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated July 11, 2012 as approved by the City Council. G. PRECIOUS METAL DEALER'S LICENSE FOR AURORA DESIGNS, INC. Official notice of this public hearing was published in the July 5, 2012,Eden Prairie News and sent to 22 property owners. Synopsis: Aurora Jewelers, located at 11995 Singletree Lane#130, has applied for a Precious Metal Dealer's License. A public hearing for the issuance of a Precious Metal Dealer's license is required by City Code Section 5.71, Subd. 10. Notice of the public hearing was published in the July 5, 2012, Eden Prairie News and mailed to 22 property owners. A Precious Metal Dealer is defined as any person engaging in the business of buying secondhand items containing precious metal, including, but not limited to,jewelry, watches, eating utensils, candlesticks, and religious and decorative objects. The Police Department has completed background investigations on the owner and business and recommends approval of this license. MOTION: Move to: • Close the Public Hearing; and • Approve the Precious Metal Dealer's License for Aurora Designs, Inc., DBA: Aurora Jewelers H. PRECIOUS METAL DEALER'S LICENSE FOR GOLD MONEY EXPRESS Official notice of this public hearing was published in the July 5, 2012, Eden Prairie News and sent to 139 property owners. Synopsis: Gold Money Express, located at 8251 Flying Cloud Drive#1210, has applied for a Precious Metal Dealer's License. A public hearing for the issuance of a Precious Metal Dealer's license is required by City Code Section 5.71, Subd. 10. Notice of the public hearing was published in the July 5, 2012 Eden Prairie News and ANNOTATED AGENDA July 17,2012 Page 7 mailed to 139 property owners. A Precious Metal Dealer is defined as any person engaging in the business of buying secondhand items containing precious metal, including, but not limited to,jewelry, watches, eating utensils, candlesticks, and religious and decorative objects. The Police Department has completed background investigations on the owner and business and recommends approval of this license. MOTION: Move to: • Close the Public Hearing; and • Approve the Precious Metal Dealer's License for Gold Money Express, LLC, DBA: Gold Money Express X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE GRANTING A CABLE TV FRANCHISE TO COMCAST AND FIRST READING OF ORDINANCE REPEALING THE CABLE TV REGULATORY ORDINANCE Synopsis: See cover sheet for details of the franchise agreement negotiations. MOTION: Move to: • Approve first reading of an ordinance granting a cable television franchise; and • Approve first reading of an ordinance repealing the cable television regulatory ordinance B. SECOND READING OF AN ORDINANCE GRANTING A CABLE TV FRANCHISE TO COMCAST AND RESOLUTION APPROVING SUMMARY ORDINANCE AND SECOND READING OF ORDINANCE REPEALING THE CABLE TV REGULATORY ORDINANCE MOTION: Move to: • Approve second reading of an ordinance granting a cable television franchise and adopt resolution approving summary ordinance; and • Approve second reading of an ordinance repealing the cable television regulatory ordinance. C. CARRIE & ROBERT CLAUS REZONING by Robert & Carrie Claus. Second Reading of the Ordinance for Zoning District Change from Rural to R1-13.5 on .5 acres (Ordinance for Zoning District Change) Synopsis: This is final approval of a rezoning of a single family lot from Rural to R1-13.5 located at 12491 Sunnybrook Road. ANNOTATED AGENDA July 17,2012 Page 8 MOTION: Move to approve 2nd Reading of the Ordinance for a single family lot from Rural to R1-13.5 on 0.5 acres. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. SOUTHWEST LRT COMMUNITY ADVISORY COMMITTEE Synopsis: Anthony Pini currently serves as the primary Conservation Commission representative for the City on the Southwest Light Rail Community Advisory Committee. Anthony Pini is taking a yearlong temporary work assignment in Texas. Because of the yearlong absence, the City is seeking a replacement for him on the SWLRT-CAC. Laura Jester and Sue Brown were given the opportunity to serve as a primary representative for the Conservation Commission. Laura serves as the alternate representative for the Conservation Commission. Sue serves as an alternate representative for the City at large. Both preferred to stay as alternates, so the primary spot opportunity was opened up to the other Conservation Commission members. Stacy Bettison volunteered to serve as the primary representative for the Conservation Commission. MOTION: Move to appoint Stacy Bettison as the primary Conservation Commission representative for the City of Eden Prairie on the Southwest Light Rail Community Advisory Committee. 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. Policy on In-Street Yield to Pedestrian Signs Synopsis: In an effort to enhance pedestrian safety at crosswalks, City staff has developed a policy on the use and placement of in-street yield to pedestrian signs. This policy shall serve as guidance for appropriately deploying these signs in the roadway and will assist in the prioritization of locations.It should be noted that this policy calls for the signs to be temporarily installed at each location and then rotating them to other crosswalks. Using these signs in a ANNOTATED AGENDA July 17, 2012 Page 9 temporary manner will help draw more attention to crosswalks, and should work to combat complacency on the part of drivers. MOTION: Move to approve policy on the use of in-street yield to pedestrian signs. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. AGENDA CITY OF EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY,JULY 17, 2012 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Nancy Tyra- Lukens, Council Members Brad Aho, Ron Case, Sherry Butcher Wickstrom, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow, Finance Director Sue Kotchevar and Recorder Jan Curielli I. ROLL CALL/CALL THE HRA MEETING TO ORDER II. APPROVE MINUTES OF HRA MEETING HELD ON JUNE 5, 2012 III. ADOPT RESOLUTION AMENDING TAX INCREMENT FINANCING PLAN AND PROJECT MANAGEMENT AGREEMENT FOR TAX INCREMENT FINANCING DISTRICT NO. 12 IV. ADJOURNMENT ITEM NO.: HRA II. UNAPPROVED MINUTES HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY,JUNE 5, 2012 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Nancy Tyra- Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Ron Case, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Rick Rosow and Council Recorder Jan Curielli I. ROLL CALL/CALL THE MEETING TO ORDER Chair Tyra-Lukens called the meeting to order at 7:02 PM in shared session with the City Council. All members were present. II. APPROVE MINUTES OF HRA MEETING HELD ON APRIL 17, 2012 MOTION: Nelson moved, seconded by Aho, to approve the minutes of the HRA meeting held on April 17, 2012, as published. Motion carried 4-0,with Butcher Wickstrom abstaining. III. ADOPT RESOLUTION HRA 2012-02 APPROVING AMENDMENT NO. 3 TO FIRST AMENDED AND RESTATED PROJECT MANAGEMENT AGREEMENT FOR STERLING PONDS/PRAIRIE VILLAGE PROJECT AND AUTHORIZING EXECUTION OF AMENDMENT NO. 3,A SUBORDINATION AGREEMENT AND A RELEASE OF MORTGAGE Getschow said the final tax increment payment to the developer of the Sterling Ponds/Prairie Village project was made in 2011. The HRA has a continued equity interest in the project. The HRA desires to relinquish its equity interest in the project in exchange for developer's commitment to continue to be bound, for an additional five years, by some of its obligations set forth in the agreement. This includes extending the affordable housing requirement for the project for five more years. The Council is being asked to adopt a similar resolution consenting to the transaction. Tyra-Lukens asked if the number of affordable units would be changed. Getschow said the number would not change. MOTION: Case moved, seconded by Aho, to adopt Resolution HRA 2012-02 approving Amendment No. 3 to First Amended and Restated Project Management Agreement for the Sterling Ponds/Prairie Village Project and authorizing execution of Amendment No. 3, a subordination agreement and a release of mortgage. Motion carried 5-0. HRA MINUTES April 17, 2012 Page 2 IV. ADJOURNMENT MOTION: Case moved, seconded by Butcher Wickstrom, to adjourn the HRA. Motion carried 5-0. Chair Tyra-Lukens adjourned the HRA meeting at 7:04 PM. HRA AGENDA DATE: SECTION: HRA July 17, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: HRA III. Janet Jeremiah, Community Resolution amending the Tax Increment Development Director Financing Plan and Project Management Molly Koivumaki, Manager Agreement for Tax Increment Financing Housing& Community Services District No. 12. Requested Action Move to: Adopt Resolution amending the Tax Increment Financing Plan and Project Management Agreement for Tax Increment Financing District No. 12. Synopsis The Tax Increment Financing Plan for District 12,the Columbine Townhomes, is set to expire at the end of 2012. Subsequently, Developer sought amendment of the Tax Increment Financing Plan and Project Management Agreement to increase the estimated term and budget, to facilitate further reimbursement of eligible costs in order to continue the provision of affordable housing, and to make certain other changes. The Authority finds that the continued operation of the project is not sustainable without the continued Tax Increment financing subsidy, and that the Amended Financing Plan conforms to the general plan for the development or redevelopment of the City as a whole. Attachment • Resolution • Amended Project Management Agreement • Amended TIF Plan HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA H.R.A. RESOLUTION NO. 2012-03 A RESOLUTION AMENDING THE TAX INCREMENT FINANCING PLAN AND PROJECT MANAGEMENT AGREEMENT FOR TAX INCREMENT FINANCING DISTRICT NO. 12 BE IT RESOLVED, by the Housing and Redevelopment Authority in and for the City Eden Prairie, Minnesota(the "Authority") as follows: Section 1. Recitals. 1.01. On February 6, 1996, the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota, pursuant to the Minnesota Tax Increment Financing Act, Minnesota Statutes Sections 469.174 to 469.179 as amended (the "Act") created Tax Increment Financing District No. 12 and approved the Tax Increment Financing Plan related thereto following a public hearing conducted in accordance with the Act. 1.02. On April 8, 1996, the Authority and Columbine Townhomes Affordable Housing Limited Partnership, a limited partnership under the laws of the State of Minnesota (the Developer) entered into that certain agreement entitled "Project Management Agreement" in relation to Tax Increment Financing District No. 12. 1.03. Subsequently, Developer sought amendment of the Tax Increment Financing Plan and Project Management Agreement to increase the estimated term and budget, to facilitate further reimbursement of eligible costs in order to continue the provision of affordable housing, and to make certain other changes. 1.04. The Authority has investigated the facts relating to the amendment of the Tax Financing Plan and has caused the amendment to the Tax Increment Financing Plan("Amended Financing Plan") to be prepared. 1.05 The City Council of the City of Eden Prairie, Minnesota (the "City Council"), has scheduled a public hearing on the Amended Financing Plan to be held on July 17, 2012, in accordance with Minnesota Statutes, Chapter 469 (the "Public Hearing"); Section 2. Findings. In reliance on representations made by the Developer and the information presented at the public hearing on July 17, 2012, the Authority finds the following: 2.01. The District consists of a "project" as defined in Minnesota Statutes, Section 469.174, subdivision 8, and is a proper tax increment financing district within the meaning of Section 469.174, subdivision 9. Based on the information in the Amended Financing Plan and representations of the developer, the District consists of a project intended for occupancy, in part,by persons or families of low and moderate income, as defined in chapter 462A, Title II of the National Housing Act of 1934, the National Housing Act of 1959, the United States Housing Act of 1937, as amended, Title V of the Housing Act of 1949, as amended, or similar present or future federal, state or municipal legislation and the regulations promulgated thereunder, and that satisfies the income limitations of Minnesota Statutes, Section 469.1761. The project to be constructed in the District consists only of housing for individuals or families of low or moderate income, and no commercial or other uses are contemplated therein. The project continues to qualify as a "housing district" within the meaning of Minn. Stat. 469.174, Subd. 11 and therefore continues to qualify for Tax Increment Financing. 2.02 The continued operation of the project is not sustainable without the continued Tax Increment Financing subsidy. 2.03 To the extent the district generates public costs, the costs will be offset by the increased net taxable capacity of the development. 2.04 The Amended Financing Plan conforms to the general plan for the development or redevelopment of the City as a whole. 2.05 The Amended Financing Plan affords maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of the proposed projects by private enterprise. Section 3. Transmittal. The Authority does hereby transmit the Amended Financing Plan to the City Council for approval after the same have been considered by the City Council subsequent to the Public Hearing. Section 4. Approval of the Modification and Amendment. 4.01. Upon review of the Amended Financing Plan, the information elicited at the public hearing and on the basis of the findings above, that certain document entitled "Modification to Tax Increment Financing Plan for Tax Increment Financing District No. 12", prepared by Springsted Incorporated and dated July 17, 2012 is hereby adopted, subject to approval by the City Council. 4.02. That certain document entitled "Amended Project Management Agreement by and between the Housing and Redevelopment Authority in and for the City of Eden Prairie and Columbine Townhomes Affordable Housing Limited Partnership" dated July 17, 2012 is hereby adopted, subject to approval by the City Council. 4.03 Following approval by the City Council, the Secretary is hereby authorized and directed to file the Amended Financing Plan with the Commissioner of Revenue and Office of the State Auditor as required by Minnesota Statutes, Section 469.175, subdivision 4a. ADOPTED by the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota this 17th day of July, 2012. Nancy Tyra-Lukens, Chair ATTEST: Rick Getschow, Executive Director AMENDED PROJECT MANAGEMENT AGREEMENT BY AND BETWEEN THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE AND COLUMBINE TOWNHOMES AFFORDABLE HOUSING LIMITED PARTNERSHIP THIS AMENDED PROJECT MANAGEMENT AGREEMENT (THE "AMENDMENT") IS MADE AS OF JULY 17, 2012 BETWEEN THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, A PUBLIC BODY CORPORATE AND POLITIC UNDER THE LAWS OF THE STATE OF MINNESOTA (THE AGENCY), AND COLUMBINE TOWNHOMES AFFORDABLE HOUSING LIMITED PARTNERSHIP, A LIMITED PARTNERSHIP UNDER THE LAWS OF THE STATE OF MINNESOTA (THE DEVELOPER). RECITALS: WHEREAS, Agency and Developer entered into that certain agreement entitled "Project Management Agreement", made as of the 8th day of April, 1996 ("Agreement'), regarding certain land owned by Developer, legally described as set forth on Exhibit A, attached hereto and incorporated here, ("Property"), for private development in the City of Eden Prairie, Minnesota ("City"), upon which the Developer has developed a multifamily housing project ("Project"); and WHEREAS, Agency and City agreed to provide tax-increment financing to reimburse the Developer for certain qualified costs of the Project pursuant to Minnesota Statutes, Sections 469.174 to 469.179, as amended(the "Tax Increment Act"); and WHEREAS, Agency and City adopted a Tax Increment Financing Plan for Tax Increment Financing District 12 dated February 6, 1996 ("TIF Plan"); and WHEREAS, Agency and City have adopted an amendment to the TIF Plan which increases the budget and estimates a longer term of the district in order to continue the provision of affordable housing. WHEREAS, it is now the desire of the Agency and the Developer to amend the provisions of the Agreement to account for the increase in budget and estimated increase in term in order to provide additional financial assistance to the Developer for the continuation of affordable housing for the extended term of the District. NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants, conditions, and promises set forth in this Amended Agreement, the parties agree as follows: 1. Subsection 2.4 of the Agreement is amended by inserting at the end of the paragraph the following: The Agency anticipates that the TIF District will remain in existence 2 the for the maximum 25-year duration allowed by law (projected to be through the year 2022). The Agency anticipates providing additional financial assistance to the Developer in the maximum amount of$346,646 (90% of the total projected tax increment revenues for the years 2013 through 2022). 2. Section 3 of the Agreement, "Developer's Obligations," is amended by adding subsection 3.13 which reads as follows: 3.13. Minimum Market Value. a. The Developer agrees that the minimum market value of the Property and the Project for ad valorem tax purposes, shall be not less than $3,900,000 (payable 2012 market value) and shall not be reduced by any action taken by the Developer(other than a deed in lieu of, or under threat of, condemnation by the City of Eden Prairie, Hennepin County or other condemning authority), to less than the said amount, and that no reduction of the market value below said minimum market value shall be sought by the Developer or granted by any public official or court except in accordance with Minnesota Statutes, Section 469.177, subdivision 8. This minimum market value shall apply only to the Property, the Project and any other facilities situated on the Property. In the event of involuntary conversion of the Property and the Project for any reason (other than condemnation by a public entity), the minimum market value shall not be reduced to an amount less than said minimum market value. b. The Developer acknowledges and agrees that the Property and the Project are subject to ad valorem property taxation and that such property taxes constitute taxes on "real property" (as provided in Section 469.174, subdivisions 4 and 7(d) of the TIF Act) and, to the extent reflecting net tax capacity rates of taxing jurisdictions levied against the captured net tax capacity of the District, constitute tax increment. c. Nothing in this Agreement shall limit the discretion of the county assessor or the City of Eden Prairie or any other public official or body having the duty to determine the market value of the Property, the Project and other facilities on the Property for ad valorem tax purposes, to assign to the Property, the Project or to any other improvements constructed on the Property, on a nondiscriminatory basis and treated fairly and equally with all other property so classified in the respective counties, a market value in excess of the minimum market value specified in this Subsection. The Developer shall have the normal remedies available under the law to contest any assessor's estimated value in excess of said minimum market value, but only to the extent of the excess. 3. Except as specifically amended hereby, the Agreement shall continue in full force and effect. The Agreement and this Amendment shall, from and after the date hereof, be construed as one instrument. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first above written. AGENCY: THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, Chairperson Rich Getschow, Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2012,by Nancy Tyra-Lukens and Rich Getschow, the Chairperson and Executive Director, respectively, of the Housing and Economic Development Authority in and for the City of Eden Prairie, a public body corporate and politic of the State of Minnesota, on behalf of that pubic body corporate and politic. Notary Public DEVELOPER: COLUMBINE TOWNHOMES AFFORDABLE HOUSING LIMITED PARTNERSHIP By Its By Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2012, by and as and respectively of Columbine Townhomes Affordable Housing Limited Partnership, a Minnesota limited partnership, on behalf of the partnership. Notary Public EXHIBIT A Legal Description Lot One (1), Block One (1), Columbine Addition, according to the recorded plat thereof, Hennepin County, Minnesota. 18 City of Eden Prairie, Ni nnesota Eden Prairie Housing and Redevelopment Authority Amendment to Tax Increment Financing Plan for Tax Increment Financing (Housing) District No. 12 (Columbine Road Project) Original Dated: February 6, 1996 Amendment Dated: July 17, 2012 Prepared by: SPRINGSTED INCORPORATED 380 Jackson Street, Suite 300 St. Paul, NA 55101-2887 (651)223-3000 YIN A/V.SPRINGSTED.COW INTRODUCTION The purpose of the proposed Amendment to the Tax Increment Financing Ran for Tax Increment Financing District No. 12 is to increase the budget,to facilitate further reimbursement of eligible casts associated with continuing to provide affordable housing within the Oty of Eden Prairie, pursuant to an extension of the project management agreement.The Authority reserves the right to use tax increment for all liF eligible costs of the district, induding related administrative. The sections of the Amended Plan specifically being altered indude, Section F: Duration of the liF District; Section K Estimated Public Costs; Section L: Estimated Sources of Revenue; Section M: Estimated Amound of Bonded Indebtedness; Ct Original Tax Capadty Rate; Section P: Projected Retained Captured Net Tax Capacity and Projected Tax Increment and Section V: Estimated Impact on Other Taxing Jurisdictions. This modification is not intended to reflect all changes in the statute or to the project since the original project was approved. TABLE OF CONTENTS Section Page(s) F Duration of the TIF District 1 K Estimated Public Costs 1 L Estimated Sources of Revenue 1 M Estimated Amount of Bonded Indebtedness 2 0 Original Tax Capacity Rate 2 P Projected Retained Captured Net Tax Capacity and Projected Tax Increment 2 V Estimated Impact on other Jurisdictions 2 X Development Agreements 3 Map of the Development District&Tax Increment Financing District EXHIBIT I Assumptions Report EXHIBIT II Projected Tax Increment Report EXHIBIT III Estimated Impact on Other Taxing Jurisdictions Report EXHIBIT IV Market Value Analysis Report EXHIBIT V Eden Prairie Housing and Redevelopment Authority, Minnesota Section F Duration of the 11F District I-busing districts may remain in existence 25 years from the date of receipt by the Authority of the first tax increment. Modifications of this plan(ccc Section Z)shall not extend these limitations. The Authority anticipates that the District will remain in existence the maximum duration allovked by law(projected to be through the year 2022). The purpose of this modification is to increase the estimated public costs and sources of revenue in anticipation of an extension to the Project Management Agreement that will allow for the colledion and spending of tax increments through the maximum duration allowed (ccc Section P). Inver the Authority will decertify the 11F District as early as possible should the projected increment be received in a shorter time period than originally projected. Al tax increrrents from taxes payable in the year the 11 F District is decertified shall be paid to the Authority. Section K Estimated Public Costs The estimated public costs of the 11F District are listed below. Such costs are eligible for reimbursement from tax increments of the 11F District. Original Budget Administrative Proposed February 6, 1996 Amendment Modification April 17,2007 (July 17,2012) Land/Building acquisition $212,000 $315,000 $315,000 Site Irrprovements/preparation costs 67,600 100,000 100,000 Installation of public utilities 57,900 85,000 85,000 Reimbursement for eligible housing 0 59,959 445,122 adivities: Loan/note interest payments 246,959 0 Administrative expenses 37,500 62,000 62,000 Total $621,959 $621,959 $1,007,122 The Authority reserves the right to administratively adjust the amount of any of the items listed above or to incorporate additional eligible items,so long as the total estimated public cost is not increased. Section L Estimated Sources of Revenue Original Budget Administrative Proposed February 6, 1996 Amendment Modification April 17,2007 (July 17, 2012) Tax Increrrent revenue $621,959 $621,959 $1,007,122 Interest on invested funds Bon /Note proceeds 0 0 Real estate sales 0 0 Other 0 0 Total $621,959 $621,959 $1,007,122 The Authority anticipates providing additional financial assistance to the project through an extension of the Agreement on a pay-as-you-go basis. Under the pay-as-you-go scenario, future tax increrrents received from the property within the 71F District are distributed to the developer/owner as reimbursement for public costs incurred(see Section K). SPRINGSTED Page 1 Eden Prairie Housing and Redevelopment Authority, Minnesota The Authority reserves the right to finance any or all pubic costs of the 71F District using pay-as-you-go assistance, internal funding, general obligation or revenue debt, or any other financing mechanism authorized by law. The City also rascrves the right to use other sources of revenue legally applicable to the Project Area to pay for such costs including, but not limited to,special assessments, utility revenues,federal or state funds, and investment income. Section M Estimated Amount of Bonded Indebtedness The Authority does not anticipate issuing tax increment bonds to finance the estimated public costs of the 11F District. However it reserves the right to issue an amount that would not exceed$1,007,122. Section 0 Original Tax Capacity Rate The County Auditor shall also certify the original tax capacity rate of the 71F District. This rate shall be the sum of all local tax rates that apply to property in the 71F District. This rate shall be for the same taxes payable year as the original net tax capacity. The amount of tax increment generated by the 11F District will be calculated using the lesser of(a)the sum of the current local tax rates at that time or(b)the original (frozen')tax capacity rate of the 71F District. The sum of all local tax rates that apply to property in the 71F District, for taxes levied in 2011 and payable in 2012 was 121.684 as shown below. This amount is less than the frozen rate of 139.201; therefore the projections assume this tax rate shall apply for the remaining term of the District. Final 2011/2012 Jurisdiction Local Tax Rate City of Eden Prairie 33.036% Hennepin County 48.231% I SD#272 29.292% Other 11.125% Total 121.684% Section P Projected Retained Captured Net Tax Capacity and Projected Tax Increment Each year the County Auditor shall determine the current net tax capacity of all property in the 11F District. To the extent that this total exceeds the original net tax capacity, the difference shall be known as the captured net tax capacity of the 71F District. The County Auditor shall certify to the City the amount of captured net tax capacity each year. The City may choose to retain any or all of this amount. It is the Citys intention to retain 100%of the captured net tax capacity of the T1F District. Such amount shall be known as the retained captured net tax capacity of the 71F District. Exhibit II gives a listing of the various information and assumptions used in preparing a nurrber of the exhibits contained in this 71F Plan, induding Exhibit III Mich shoves the projected tax increment generated over the remaining life of the 1lF District. Section V Estimated Impact on Other Taxing Jurisdictions Exhibit IV shoves the estirifled impact on other taxing jurisdictions if the maximum projected retained captured net tax capacity of the T1F District was hypothetically available to the other taxing jurisdictions. The City believes that there will be no adverse impact on other taxing jurisdictions during the life of the 11F District, since the proposed development would not have occurred without the establishment of the 11F District and the provision of public SPRINGSTED Page 2 Eden Prairie Housing and Redevelopment Authority, Minnesota assistance. A positive impact on other taxing jurisdictions will occur when the 71F District is decertified and the development therein becomes part of the general tax base. The fiscal and economic implications of the proposed tax increment financing district, as pursuant to Minnesota Statutes, Section 469.175, Subdivision 2,are listed below. 1. The total amount of tax increment that will be generated over the life of the district is estimated to be $1,007,122.$346,646 is estimated to be the additional amount attributable to the modification 2. To the extent the project in the proposed liF District No. 12 generates any public cost impacts on city- provided services such as police and fire protection, public infrastructure, and borrowing costs attributable to the district, such costs will be levied upon the taxable net tax capacity of the Oty, exduding that portion captured by the District. The Oty does not anticipate issuing general obligation tax increment bonds to finance a portion of the costs attributable to the District. 3. The amount of tax increments over the life of the district that would be attributable to school district levies, assuming the school district's share of the total local tax rate for all taxing jurisdictions remained the same, is estimated to be$243,312$93,052 is estimated to be the additional amount attributable to the r nodification. 4. The amount of tax increments over the life of the district that would be attributable to county levies, assuming the countys share of the total local tax rate for all taxing jurisdictions remained the same is estimated to be$400,627. $153,216 is estimated to be the additional amount attributable to the modification. 5. No additional information has been requested by the county or school district that would enable it to determine additional costs that will accrue to it due to the development proposed for the district. To our knowledge neither entity has adopted standard questions in a written policy on information requested for fiscal and economic implications. Section X Development Agreements If within a project containing a housing district, more than 25%of the acreage of the property to be acquired by the Oty is purchased with tax increment bonds proceeds(to which tax increment from the property is pledged),then prior to such acquisition, the City must enter into an agreement for the development of the property. Such agreement must provide recourse for the Oty should the development not be completed. The Authority antidpates entering into an extension of the existing project management agreement to allow for reimbursement of additional eligible costs associated with maintaining the project and providing affordable housing; hover the Authority does not anticipate acquiring any property located within the 11F District. SPRINGSTED Page 3 Exhibit I MAP OF MODIFICATION OF TAX INCRENENT FINANCING(HOUSING)DISTRICT NO. 12 P 4 L_--=.,---„,..stkt....„4, ,ti f ;9 sr CT LOCATION ; , . {24, �� ;f WA 4. ' l ►rows w-t .3. i rya -! . + ` 1 •�4 aea7r .Ip r9� lug• 000 01 'k� - r •aft ass a y r t le �O^ {in • • fA,wr'.sa a� C.� '� . _ .i a.at _4+ ,•-44 �.v +� ' f .. w..4141 f #� 1IAjr ` ��+ fV=A. • l.� . it�+ P.. 1e�i k a ( ) (:) '11:t=j `te : * = .•1e. Ar _ 11. . ..„..4.4....v, ip . •e„..--v. ... •,,,.. . _... 1 ; a„,_Eilk iii$ i. h 0 D [ --,,,,-...,us• ., 1::= wi'agswa„,* g 0 i I? I * . 4.- .8. cio Fit�H r vta.SY ram'. V 1 r �.sv.s3 {t2) li ~ is 41) -�- pekepgir ,1,C1 It {[ SSt5 4 {if) R4.y'K II L) . f L.�-P r a '4 Eli- 1/i 05 { !ter a a 1.f y �a . tiffy . {Ili': - 1 1 ,S4 .44. II 111- ea A CENTER ;� i _ u.. L.vcE �— r.t as S Z?` �` ,----e rsis SPRINGSTED Page 4 Exhibit 11 Assumptions Report City of Eden Prairie,Minnesota Modification to Tax Increment Financing (Housing)District No. 12 (Columbine Road Project) Type of Tax Increment Financing District Housing Maximum Duration of TIF District 25 years from 1st increment Projected Decertification Date r 12/31/22 (25 Years of Increment) Base Estimated Market Value r $276,000 Original Net Tax Capacity $3,450 Assessment/Collection Year 2011/2012 2012/2013 2013/2014 2014/2015 2015/2016 Base Estimated Market Value $276,000 $276,000 $276,000 $276,000 $276,000 Estimated Increase in Value-New Construction 0 3,820,000 3,820,000 3,942,880 4,069,446 Total Estimated Market Value 276,000 4,096,000 4,096,000 4,218,880 4,345,446 Total Net Tax Capacity $3,450 $30,720 $30,720 $31,642 $32,591 City of Eden Prairie 33.036% Hennepin County 48.231% ISD#272 29.292% Other 11.125% Local Tax Capacity Rate 121.684% Final 2011/2012 Frozen Tax Capacity Rate 139.2010% Fiscal Disparities Contribution From TIF District NA Administrative Retainage Percent(maximum = 10%) 10.00% Pooling Percent 0.00% Note (Pay-As-You-Go) Note Dated 08/01/12 Note Rate 0.00% Note Amount $346,646 Present Value Date &Rate 07/31/12 4.50% PV Amount $272,045 Notes Projections assume no future changes to classification rates or tax rates; and include a 3%annual market value Inflator. Projections only show remaining 10 years of tax increment collections (2013-2022),to coincide with anticipated extension of the Project Management Agremeent to allow for reimbursement of additional elgiible housing costs associated with providing affordable housing. SPRINGSTED Page 5 Exhibit III Projected Tax Increment Report City of Eden Prairie,Minnesota Modification to Tax Increment Financing(Housing)District No.12 (Columbine Road Project) Less: Retained Times: Less: Less: Annual Total Total Original Captured Tax Annual State Aud. Subtotal City Annual Period Market Net Tax Net Tax Net Tax Capacity Gross Tax Deduction Gross Tax Retainage Net Ending Value Capacity Capacity Capacity Rate Increment 0.360% Increment 10.00% Revenue (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) 12/31/11 12/31/12 12/31/13 4,096,000 30,720 3,450 27,270 121.684% 33,183 119 33,064 3,306 29,758 12/31/14 4,218,880 31,642 3,450 28,192 121.684% 34,305 123 34,182 3,418 30,764 12/31/15 4,345,446 32,591 3,450 29,141 121.684% 35,460 128 35,332 3,533 31,799 12/31/16 4,475,810 33,569 3,450 30,119 121.684% 36,649 132 36,517 3,652 32,865 12/31/17 4,610,084 34,576 3,450 31,126 121.684% 37,875 136 37,739 3,774 33,965 12/31/18 4,748,387 35,613 3,450 32,163 121.684% 39,137 141 38,996 3,900 35,096 12/31/19 4,890,838 36,681 3,450 33,231 121.684% 40,437 146 40,291 4,029 36,262 12/31/20 5,037,563 37,782 3,450 34,332 121.684% 41,776 150 41,626 4,163 37,463 12/31/21 5,188,690 38,915 3,450 35,465 121.684% 43,155 155 43,000 4,300 38,700 12/31/22 5,344,351 40,083 3,450 36,633 121.684% 44,576 160 44,416 4,442 39,974 $386,553 $1,390 $385,163 $38,517 $346,646 Prior Years $624,206 $2,247 621,959 62,196 559,763 Total 1,010,759 3,637 1,007,122 100,713 906,409 SPRINGSTED Page 6 Exhibit IV Estimated Impact on Other Taxing Jurisdictions Report City of Eden Prairie,Minnesota Modification to Tax Increment Financing(Housing)District No.12 (Columbine Road Project) Without Project or TIF District With Project and TIF District Projected Hypothetical 2011/2012 ' 2011/2012 Retained New Hypothetical Hypothetical Tax Generated Taxable F 2011/2012 Taxable Captured Taxable Adjusted Decrease In by Retained Taxing Net Tax Local Net Tax Net Tax Net Tax Local Local Captured Jurisdiction Capacity(1) Tax Rate Capacity(1) + Capacity = Capacity Tax Rate(*) Tax Rate(*) N.T.C.(*) City of Eden Prairie 88,510,928 F 33.036% 88,510,928 F $36,633 88,547,561 33.022% 0.014% 12,097 'Hennepin County 1,251,745,096 F 48.231% 1,251,745,096 36,633 1,251,781,729 48.230% 0.001% 17,668 1SD#272 85,059,633 r 29.292% 85,059,633 36,633 85,096,266 29.279% 0.013% 10,726 Other(2) --- 11.125% --- 36,633 --- 11.125% --- --- Totals 121.684% 121.656% 0.028% * Statement 1: If the projected Retained Captured Net Tax Capacity of the TIF District was hypothetically available to each of the taxing jurisdictions above,the result would be a lower local tax rate(see Hypothetical Adjusted Tax Rate above) which would produce the same amount of taxes for each taxing jurisdiction. In such a case,the total local tax rate would decrease by 0.028%(see Hypothetical Decrease in Local Tax Rate above). The hypothetical tax that the Retained Captured Net Tax Capacity of the TIF District would generate is also shown above. Statement 2: Since the projected Retained Captured Net Tax Capacity of the TIF District is not available to the taxing jurisdictions, then there is no impact on taxes levied or local tax rates. (1) Taxable net tax capacity=total net tax capacity-captured TIF-fiscal disparity contribution, if applicable. (2) The impact on these taxing jurisdictions is negligible since they represent only 9.14%of the total tax rate. SPRINGSTED Page 7 Exhibit V Market Value Analysis Report City of Eden Prairie, Minnesota Modification to Tax Increment Financing (Housing) District No. 12 (Columbine Road Project) Assumptions Present Value Date 08/01/12 P.V. Rate - Gross T.I. 4.50% Increase in EMV With TIF District $5,068,351 Less: P.V of Gross Tax Increment 300,045 Subtotal $4,768,306 Less: Increase in EMV Without TIF 0 Difference $4,768,306 Annual Present Gross Tax Value @ Year Increment 4.50% 1 2013 33,183 31,522 2 2014 34,305 31,185 3 2015 35,460 30,846 4 2016 36,649 30,508 5 2017 37,875 30,171 6 2018 39,137 29,833 7 2019 40,437 29,497 8 2020 41,776 29,162 9 2021 43,155 28,827 10 2022 44,576 28,494 $386,553 $300,045 SPRINGSTED Page 8 CITY COUNCIL AGENDA DATE: SECTION: Presentations July 17, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.B. Jay Lotthammer, Parks and Contribution from Team Foxjet Towards the Recreation Director Aquatics Feasibility Study Requested Action Move to: Adopt the Resolution accepting the $10,000 Contribution from Team Foxjet toward the Aquatics Feasibility Study Synopsis Team Foxjet is a significant user group of the Eden Prairie Community Center pool space. The club has experienced continued growth and has a need for additional time and space. Code changes have also made the pool no longer available for meets and future diving experiences. Staff and Board Members from Team Foxjets began conversations to explore solutions to deficiencies and challenges associated with the aquatics facility at the Eden Prairie Community Center Pool. Board Members expressed an interest and a willingness to participate in a financial way if a feasibility study were to move forward. Background Since its inception in 1979, Team Foxjet has grown steadily and has emerged as one of the nation's top swimming programs. Today the club trains around 400 swimmers annually at five facilities with a coaching staff of experienced professionals. Team Foxjet has a tradition of excellence with 27 Minnesota State Championships and a strong National Team. Throughout its history, the club has had 20+US Olympic Trials qualifiers, 40+National Qualifiers, and 100+ Junior National Qualifiers. Team Foxjet was founded in Prior Lake,but moved to Eden Prairie shortly thereafter. Team Foxjet's mission is to provide a fun, progressive, family-based team swimming experience for all swimmers, novice to national. The team's philosophy is to treat all swimmers equally and strive to help each one reach his or her goals, whether it's to achieve that first C time, win a state title, or go to the Olympics. Team Foxjet promotes the sport of competitive swimming's core values of healthy lifestyle, self-discipline, and goal setting. In addition, swimmers learn life lessons of hard work and organization, develop strong friendships with their teammates, and have fun. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of$10,000 to be used for the Aquatic Feasibility Study at the Community Center from Foxjets Swim Team is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 17th day of July, 2012. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk ITEM NO.: VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP TUESDAY, JUNE 19, 2012 CITY CENTER 6:00 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 Council Recorder Jan Curielli 2013-2022 CAPITAL IMPROVEMENT PLAN (CIPI Finance Director Sue Kotchevar gave a PowerPoint review of the 2013-2022 CIP and Debt Update. City Attorney Rosow said State statute requires capital improvements to be run by the Planning Commission to check for compliance with the Comprehensive Plan. Kotchevar reviewed the purpose, objective, outcomes, sources of funding and projects proposed in the CIP. Kotchevar said the Pavement Management Fund is a new fund for income received from franchise fees. Council Member Aho asked if we will spend as much as we take in so that we will not build a reserve in that fund. Kotchevar replied $2-3,000,000 is needed each year, so she didn't anticipate a big balance developing. Kotchevar reviewed the significant projects planned for 2015-2017. Council Member Nelson asked if it is necessary to replace the playground equipment at Staring Lake in 2016 when we are also completing Phase II of Round Lake. Parks and Recreation Director Lotthammer said the building at Staring was built before some of the ADA requirements were in place, the playground equipment is deteriorating, and the surfacing has been pulling apart. Council Member Case asked if all of the cities along the LRT route are chipping in $2,000,000. Public Works Director Ellis said he was not sure what other cities are doing,but the model provided for the LRT is a basic one. City Manager Getschow said other cities will do station and area improvements beyond what the Federal and State government provides. There are still possibilities for obtaining some grant funding for the improvements. Aho asked what is included in the Round Lake Phase II project. Lotthammer said that will include cutting back from four fields to three, completion of the parking lot plan, and upgrading the irrigation system and fencing. Aho noted the water in Round Lake is up, and he would like to see it open now the weather is heating up. Mayor Tyra-Lukens asked about the proposed public safety projects. Fire Chief Esbensen said the 2016 item is for replacement of the handheld and portables which cost about $5,000 apiece. CITY COUNCIL WORKSHOP MINUTES June 19, 2012 Page 2 Aho asked about the Public Works cold storage building. Ellis said that is a multipurpose building that will allow Public Works, Parks, and Water and Sewer to store everything indoors. Nelson asked where it will be located. Ellis said it will be located behind berms on Flying Cloud Drive and will have an exterior that meets our standards. Kotchevar reviewed the funding strategies. She noted we don't have a lot of new debt in the CIP, so we could issue more debt or move some funds into the CIP to help pay for some projects. Aho noted one advantage to moving funds into the CIP would be that we would not have to pay interest on new debt. Kotchevar said there is a potential for$400,000 in rental income each year for the City Center that had been going to make debt payments. There will need to be about $870,000 set aside for tenant improvements for the building. Aho asked when we would actively pursue other tenants. Getschow said staff is waiting for the forthcoming BAC report on potential options for City Center. Tyra-Lukens suggested further discussion of the various options for City Center be postponed. Kotchevar reviewed the projects planned for the Facilities Internal Service and Park Improvement Funds. Nelson noted there has been discussion that the pool is not adequate for our needs and asked how the project to replace the pool roof for 2015 would fit into that discussion. Lotthammer replied the amount for the pool roof project in 2015 assumes that would be the time to replace the roof. However, staff is in the process of interviewing firms to complete a feasibility study on alternatives for the pool. Kotchevar noted there is no revenue coming into the Economic Development Fund, and the balance will be stable at $1,250,000 in 2017 and beyond. Community Development Director Jeremiah said the fund is for non-capital uses such as business retention and various studies and programs. Aho asked if there is no intent to add revenue sources up through 2022. Jeremiah said there are no additional known revenue sources at this time. She noted we try to protect that fund because it is flexible money. Nelson commented at some point we need to look at selling small outlots to the neighborhoods in which they are located. Kotchevar noted we will need to look at the IT Internal Service Fund as it has a negative balance going forward. Aho asked if there are any potential cost reductions. Kotchevar said we are trying to identify some one time money to put in the fund. Getschow said we saved $20,000 per year by taking GIS on our own, and we may be able to capture some of our fiber costs through our cable franchise. Kotchevar said there are large expenses in 2013 and 2018 for Storage Area Networks (SANs). Kotchevar reviewed the summary of debt outstanding, noting that it decreases substantially between 2013 and 2014 and continues going down gradually after 2015. Tyra-Lukens noted it is wonderful to see our debt outstanding go down; however, she was concerned that may be an indication we are not reinvesting in our amenities to keep the City apace of our peer cities. Kotchevar said we could issue more debt, but she was not aware that we are ignoring anything we should be doing. Jeremiah noted this is the first time we have done a ten year CIP, and it is difficult to forecast that far in the future. CITY COUNCIL WORKSHOP MINUTES June 19, 2012 Page 3 Tyra-Lukens asked staff for their evaluation of the process for the ten year plan. Kotchevar said it was an outstanding experience from her perspective even though it was a lot of work for staff to complete the first time around. Tyra-Lukens noted in previous years the Council received a list of capital projects that were prioritized and asked if this plan includes all of those projects. Kotchevar said these are the high priority projects. Nelson asked how projects such as having more public art or more benches for seniors would fit into the plan. Getschow said a lot of what the Council has discussed has been put into this plan or will be included in future updates of the plan. There may be some items that may fall into the operating budget as well. Butcher Wickstrom commented that this is a really great plan and gives a more comprehensive picture. II. OPEN PODIUM III. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES 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, 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 7:00 PM. II. COLOR GUARD /PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. RELAY FOR LIFE PROCLAMATION Mayor Tyra-Lukens read a proclamation proclaiming July 13 and 14, 2012, as "Relay for Life Days." Sue Ellen Toppings, Eden Prairie Relay for Life committee member, accepted the proclamation. She reviewed the event and their goals for fundraising. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Getschow said there is an additional item, Item XI.B., and an update to Item VIII.M on goldenrod paper. Nelson added Item XIV.A.1. MOTION: Aho moved, seconded by Case, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JUNE 5,2012 MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the minutes of the Council workshop held Tuesday, June 5, 2012 as published. Motion carried 5-0. CITY COUNCIL MINUTES June 19, 2012 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY,JUNE 5, 2012 MOTION: Case moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, June 5, 2012 as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. HERITAGE PRESERVATION COMMISSION Ed Muehlberg, Chair of the Heritage Preservation Commission, gave a PowerPoint update of the commission's activities in 2011 and 2012. Butcher Wickstrom asked if the commission is still seeking funding from groups such as the State Historic Preservation Office (SHPO) and if the book published a few years ago about Eden Prairie's heritage is still available. Muehlberg said they are seeking funding for items such as best management practices and some interpretive panels. They have discussed how to distribute the book to schools and to the public. Butcher Wickstrom noted a grant was received to create that publication, and a lot of work was done to produce it. She said she was happy that we are opening up our historic sites to the public. Nelson asked if we are looking into having a website tour of our historic properties. Muehlberg said there is an interactive feature available, and they plan to link the historic sites to the City map. Nelson suggested they add some of the historic pictures of the sites alongside pictures of the sites as they are today. She suggested the Commission's work plan be updated to include work on enhancements to the website. VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. PRAIRIE OAKS CORPORATE CENTER by CSM Corp. Second Reading of Ordinance 15-2012-PUD-9-2012 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 2012-94 for Site Plan Review on 8.4 acres. Location: 6455 Flying Cloud Drive. (Ordinance No. 15-2012-PUD-9-2012 for PUD District Review with waivers and Zoning District Amendment; Resolution No. 2012-94 for Site Plan Review) C. APPROVE SECOND READING OF ORDINANCE NO. 16-2012 AMENDING CITY CODE SECTION 2.80 RELATING TO ADMINISTRATIVE APPEAL D. APPROVE SECOND READING OF ORDINANCE NO. 17-2012 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 CITY COUNCIL MINUTES June 19, 2012 Page 3 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 NO. 2012-95 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 ORDINANCE NO. 18-2012 APPROVING A FRANCHISE AND ORDINANCE NO. 19-2012 APPROVING FRANCHISE FEES FOR CUSTOMERS OF XCEL ENERGY AND ADOPT RESOLUTION 2012-96 APPROVING SUMMARY ORDINANCE FOR PUBLICATION O. APPROVE SECOND READING OF ORDINANCE NO. 20-2012 APPROVING A FRANCHISE AND ORDINANCE NO. 21-2012 APPROVING FRANCHISE FEES FOR CUSTOMERS OF CENTERPOINT ENERGY AND ADOPT RESOLUTION NO. 2012-97 APPROVING SUMMARY ORDINANCE FOR PUBLICATION P. APPROVE SECOND READING OF ORDINANCE NO. 22-2012 APPROVING A FRANCHISE AND ORDINANCE NO. 23-2012 APPROVING FRANCHISE FEES FOR CUSTOMERS OF MINNESOTA VALLEY ELECTRIC, APPROVE AGREEMENT WITH MINNESOTA VALLEY ELECTRIC AND ADOPT RESOLUTION NO. 2012-98 APPROVING SUMMARY ORDINANCE FOR PUBLICATION CITY COUNCIL MINUTES June 19, 2012 Page 4 MOTION: Nelson moved, seconded by Case, to approve Items A-P on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS X. PAYMENT OF CLAIMS MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho, Butcher Wickstrom, Case, Nelson and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 2.05 RELATING TO COUNCIL COMPENSATION Getschow said at the last meeting the Council gave direction to the City Attorney and staff to put together an ordinance relating to Council compensation. Rosow said the direction the Council provided was that Council compensation should be changed to be the average of the four cities on the list of comparable cities provided in the Budget Advisory Commission's (BAC)report. The proposed ordinance states the monthly salary of the Mayor will be changed from$825 to $1125, effective December 31, 2012. The monthly salary of Council Members will be changed from $625 to $895, effective December 31, 2012. The provision that provided for a $60 monthly technology stipend was wrapped into the new compensation amounts. Tyra-Lukens said the BAC provided the Council with a lot of data regarding salaries paid to councils throughout the metropolitan area. She was very comfortable with the amounts in the ordinance which would put Eden Prairie at a comparable level with a lot of metropolitan cities. She noted there has been no increase since 2002. Case said it was difficult before to compare the Council's compensation with other cities because the technology stipend was separate. He noted the special meeting pay was taken out of the compensation a year or so ago, so we are now wrapping everything together. Aho also liked the fact that it is all inclusive and there are no special pieces. Nelson said she calculated compensation based on a 2% increase per year and that total came very close to the new salary amounts. Rosow noted State law stipulates the salary changes will not take effect until January 1, 2013. MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve first reading of the ordinance amending Section 2.05 of the City Code relating to salaries of Mayor and Council Members. Motion carried 5-0. CITY COUNCIL MINUTES June 19, 2012 Page 5 B. FIRST AND SECOND READING OF ORDINANCE NO. 24-2012 AMENDING CITY CODE SECTION 2.33 RELAING TO CRIMINAL HISTORY CHECKS AND ADOPT RESOLUTION 2012-99 FOR SUMMARY PUBLICATION. Rosow said this item is first and second reading of an ordinance to amend City code providing authority to obtain criminal history information. That code authorizes the City Manager to obtain background information for potential employees and applicants for licenses. He said the Bureau of Criminal Apprehension (BCA) recommended changes in our ordinance to conform to their current practices. The data will be more highly restricted. Background checks must be done by the Police Chief, and the information must be maintained in the Police Department and not released to the administrative department. In reviewing the ordinance, staff took a hard look at the mandatory and discretionary categories set up in the ordinance and determined we do not need the discretionary category. The ordinance was amended to provide for background checks for employees, paid on- call firefighters and certain licensing applicants. The ordinance also sets out restrictions on access to data, and the provision that the individual needs to consent to a background check. The proposed ordinance change was reviewed by the attorney at the BCA. Rosow noted this item includes both first and second reading of the ordinance so it requires unanimous consent of the Council to pass. Tyra-Lukens asked about the change for firefighters. Rosow said there is a classification change from paid on-call to employees. Tyra-Lukens asked if that means it will somehow cease to be an all volunteer department. Rosow said they will now be paid on a rotating basis, and this is the Personnel Department's way of dealing with this new development. Getschow noted there has always been some question about how we classify volunteer firefighters. MOTION: Case moved, seconded by Aho, to adopt the first and second reading of Ordinance No. 24-2012 amending City Code Section 2.33 relating to criminal history checks and adopt Resolution No. 2012-99 approving summary ordinance for publication. Motion carried 5-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. STUDENTS ON COMMISSIONS Getschow said we have students in Eden Prairie who serve on almost all of our commissions. It provides a valuable education for the students as well as adding value to the commissions. There will be an orientation session for the students in late summer. MOTION: Aho moved to appoint to the Conservation Commission Natalie Sell for the Spring term, Sara Schmit for the Fall term, and Siddeswari Thunuguntla to CITY COUNCIL MINUTES June 19, 2012 Page 6 Fall and Spring terms; Butcher Wickstrom moved to appoint to the Flying Cloud Airport Advisory Commission Kevin Gadel, Peter Humbert, and Emily Richter for the Fall and Spring terms; Tyra-Lukens moved to appoint to the Heritage Preservation Commission Melissa Berman and Leann Zhang for the Fall and Spring terms; Case moved to 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;Nelson moved to 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. Motion seconded by all. Motion carried 5-0. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Condition of Properties Not Being Lived In--Council Member Nelson Nelson said Council Members received emails from a resident about a property in his neighborhood that was bank owned and not being lived in. She noted there are a number of those in town. She asked if the City knows where the properties are, what we are doing about them, and if there is anything more we should be doing to find out about the properties. Getschow said we have some foreclosed properties in the City, but not many. We work with the Inspection Department, Parks and Recreation Depai tiiient and the banks to find out which properties those are. The email that Council Members received related to mowing grass. We do have a difficult time being able to respond to those on some occasions. The current protocol is to notify the homeowners or the bank to resolve the situation when the grass reaches ten inches in height. If it is not resolved, staff will go in and mow and then assess the property. Nelson asked if staff is aware of where the properties are and how we keep up with which properties have been abandoned before foreclosure. Getschow said the properties take some time to show up as delinquent in property tax payment. Currently staff is aware of 67 in the City. Nelson asked what we do if a property is bank-owned and is getting run down and overgrown. Getschow said staff will go out to check the property, and if there are violations or issues in regard to upkeep of the property we will enforce those. We are usually made aware of what is in foreclosure. Tyra-Lukens said she too has talked with Mr. Getschow about this. She thought it would be good if someone is serving our country overseas and the neighbors don't help, then the City would take the initiative. Getschow said the Yellow Ribbon network gets involved in those kind of property issues. Rosow said there is a provision in the ordinances for emergency securing of CITY COUNCIL MINUTES June 19, 2012 Page 7 buildings that would present a danger to life or safety, although that is a little more involved process. The City Council would declare the property to be hazardous and present the matter to the court. The court issues an order to secure the property. The provision is not used often, but could be used in serious cases. 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 Ellis said there was a discussion about Highway 101 at the previous City Council meeting. He reviewed the history of Hwy 101 as it pertains to the discussion of a reconstruction project. He noted the jurisdiction for Hwy 101 rests with MnDOT because it is a State highway. There was an effort in 1999 among Chanhassen, Eden Prairie, Hennepin and Carver Counties and MnDOT to look at the roadway. A consultant was hired and came up with six alternatives for the roadway. The consultant's alternatives were presented at two public meetings and comment was received. The meeting records indicate there was something of a lukewarm reception, with concerns expressed by the neighborhood about traffic. Chanhassen held their own public hearing process so the study was stopped. A trail was put in on the Chanhassen side. He said we have had discussions with Chanhassen recently. MnDOT has been asked to evaluate the speed limits and to evaluate all of the accidents along the Hwy 101 corridor. Staff will meet with MnDOT to discuss their evaluation. There is a project at Pleasant View Road that ties into Hwy 101 almost at Hwy 62. That project received a grant to make some improvements, and it appears there will be an amber pedestrian beacon put in at that location. Ellis noted this is a very emotional issue right now. He suggested we sit down with MnDOT and discuss the situation when the analysis has been completed to see if there are some improvements that can be made to enhance pedestrian safety. There may be resistance from the neighborhood to widening the roadway. The traffic volumes are dropping on that section of Hwy 101, so there may be no need for a four-lane roadway. 2. Land Alteration Permits for 9805 and 9765 Sky Lane Ellis said there are requests for land alterations for two properties on Sky Lane. Both properties are about five acres, and each is being looked at for a single family subdivision. Neither has yet had a preliminary plat. Hennepin CITY COUNCIL MINUTES June 19, 2012 Page 8 Village Site B is removing 58,000 cubic yards of soil from their site, and this project is looking to import 53,000 cubic yards of soil. An opportunity exists to minimize the number of trips with heavy trucks and lessen the impact on the neighborhood by moving the soil across the street to the Sky Lane properties. He said staff is supportive of the project but wants them to use the MAC property's access road for moving soil onto the sites. The property owners are currently in conversations with MAC. Notices of the proposed land alteration permit request were sent to all property owners around the sites. Tyra-Lukens asked why this would have to be noticed if trucks would be coming into the area anyway. Ellis said it was a voluntary notice. Grading is generally done after plans have been approved, but we believed the neighborhood needed to have an opportunity to give input. Steve Bona, Marsh Cove, LLC, said they have been working with Toll Bros. and MAC and received the first draft of an agreement with MAC yesterday. MAC has stipulations that the road must be secured in the evenings with a locked barricade, and erosion control must be in place. He noted all heavy equipment will be kept off Eden Prairie Road except for one crossing. They will apply for the formal grading permit once the residential projects are approved. Tyra-Lukens asked when the grading would be done. Mr. Bona said they would like to start as soon as possible because Toll plans to begin grading next week and will be ready to haul the material offsite. Case said the Council's concern is always that a large amount of dirt will be dumped around the property if we approve this request. If the proposed projects go away, we would assume it would be needed for another project, but it could sit there for a long time. He wanted to know the safeguard for the City if nothing happens on the property for years to come. Ellis said one of our requirements is that the site be re-vegetated and stabilized, and that would be the case here. Case asked if there is a bonding process. Ellis said the City does require a surety in case everybody walks away from the project. Mr. Bona said they would place the dirt in a manner similar to their plans for the project. Chris Kline, 9700 Eden Prairie Road, was concerned they will change the topography of the two sites. That might affect the drainage from the two sites and cause his property to be devalued. He thought raising up the two sites by ten feet is too much because they are already on a hill. He didn't think this project benefits his property and may decrease its value. Case said that raises a broader point that normally these issues would be determined during the development process where neighbors would have a chance to discuss it and state their concerns. The proposed change in these two sites is taking place outside of the public hearing process. He would want CITY COUNCIL MINUTES June 19, 2012 Page 9 to know staff understands that when the project plans come in, those plans must deal properly with the amount of dirt that has been moved to the two sites. Ellis said staff has looked at the drainage and does not believe there is runoff from this property that would impact Mr. Kline's property. Mr. Bona said he could not speak to all the numbers for the Manley site, but on the Marsh Cove site the drainage rate will be a fraction of what it currently is. Tyra-Lukens said when the projects come in for review if there is a need to take some of the soil off the property, that would be the proponents' expense. Mr. Bona said if his project was draining into the other property, his company would be responsible for that. He noted the grades match between the existing properties to either side, and drainage goes down the swale. Claudio Moreno, 9767 Sky Lane, said he would like to see the project go through due process and was concerned about the dirt laying around without a plan to deal with it. There are several issues that he would like to understand better in the context of a public hearing. These two projects along with the Toll Bros. development will bring about 100 houses into a very narrow area so he was concerned about issues of road access. Case said he would want to know what happens if something goes wrong. He understands there is bond money for the road, but he would want to know if the City would be there to protect the residents if the developers don't end up doing the project. He asked if there is bonded money that would enable the city to go in and make Mr. Kline's property whole. Ellis said the request tonight is for a land alteration permit for two sites for which preliminary plat proposals are in the process of being developed. Those proposals would come to the City through the development process and that would provide the opportunity to set final grading and contours. The security the City would be getting with this land alteration permit would protect against erosion. Case said his concern was what happens if the dirt gets dumped and there is no development process. This request is out of the usual order, and he wanted to make sure the contiguous neighbors are protected if that unforeseeable event happens. Ellis said there are no provisions for the soil to be removed should the projects not move forward. The proponents have provided a grading plan that shows the contours and where the soil will be placed. Tyra- Lukens asked if they will take care of erosion and vegetation. Ellis said they will. Rosow said the Council approves the grading of a piece of property and must be assured the grading being approved will be done in a manner that is acceptable to the Council and staff. A condition for approval would be that the security received also allows the City to go in and draw on that security if the grading is not done in accordance with the plan that was submitted. The City also needs a right of entry to go on the property and do that. That would be an added item normally included in the development agreement. The conditions of the MAC agreement should be included as well. He said none of CITY COUNCIL MINUTES June 19, 2012 Page 10 that will protect against the impact of the development on the value of the property. The City's job is to make sure the development is done properly so there are no nuisances created by the development process. Nelson said she didn't see any reason not to do this if we are doing proper grading and have the right of entry. It will be good for the neighbors not to have all the trucks taking dirt out and then bringing it back in. MOTION: Nelson moved, seconded by Case, to approve land alteration permit(s) for 9805 Sky Lane and 9765 Sky Lane, subject to the following conditions: the City will have the right of entry to the properties, security provided to cover grading and vegetation, and the conditions set forth in the agreement with the Metropolitan Airport Commission(MAC). Motion carried 5-0. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Case moved, seconded by Aho, to adjourn the City Council meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:26 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 17, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A. Christy Weigel, Clerk's License Application List Police/ Support Unit These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below Temporary Liquor Organization: Eden Prairie Lions Club Event: Chamber Fest Date: Thursday August 23, 2012 Place: Pavilion Park 12001 Technology Drive Organization: Rotary Club of Eden Prairie Event: 2012 Vino Classico Date: Saturday October 6, 2012 Place: Eden Prairie Community Center 16700 Valley View Road - 1 - CITY COUNCIL AGENDA DATE: SECTION: Ordinances &Resolutions July 17, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Office of the City Manager Second Reading of Ordinance Amending Section. 2.05 of the City Code Relating to Salaries of Mayor and Council Members Requested Action Move to: Approve second reading of the Ordinance Amending Section 2.05 of the City Code relating to Salaries of Mayor and Council Members. Synopsis First reading of the ordinance was approved at the June 19, 2012, City Council meeting. The City Council requested 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. Background 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$60 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 less than 70,000 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 adequate 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. Attachment Ordinance Amendment CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. - 2012 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,AMENDI NG CITY CODE CHAPTER 2 BY AMENDING SECTION 2.05 RELATING TO SALARIES OF THE MAYOR AND COUN CIL MEMBERS; AND ADOPTI NG 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: Section 1. City Code Section 2.05, Subd. 1 is amended in its entirety as follows: The monthly salary of the Mayor shall be $825.00 until December 31, 2012, and shall be $1,125.00 thereafter. Section 2. City Code Section 2.05, Subd. 2 is amended in its entirety as follows: The monthly salary of each Council Member shall be $625.00 until December 31, 2012, and shall be $895.00 thereafter. Section 3. City Code Section 2.05, Subd 3, A is deleted in its entirety. Section 4. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code including Penalty for Violation" and Section 2.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. Section 5. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 19 day of June, 2012 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 17th day of July, 2012. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on July 26, 2012. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 17, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Randy L. Slick Final Plat Report of Flying Cloud Public Works/Engineering Addition Requested Action Move to: Adopt the resolution approving the final plat of Flying Cloud Addition. Synopsis This proposal is for the plat located at 9813 Flying Cloud Drive. The plat consists of 236.32 acres to be platted into one lot, two outlots and right of way dedication for street purposes. This proposal allows the rezoning of 12 acres and will allow Allied Waste Services to transfer ownership of the Flying Cloud Landfill, excluding Allied Waste Services' business operations to the Minnesota Pollution Control Agency (MPCA). Background Information The preliminary plat was approved by the City Council on April 17, 2012. Second reading of the Rezoning Ordinance will be completed on July 17, 2012. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$1,800.00. • Prior to the release of the final plat, Developer shall provide a copy of Cross Access and Maintenance Agreement between Lot 1 and Outlot A. • Provide a list of areas (to the nearest square foot) of all lots, outlots and right-of-ways certified by surveyor. • Prior to release of the final plat, Developer shall provide to the City a current title insurance policy. Attachments • Resolution • Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012- A RESOLUTION APPROVING FINAL PLAT OF FLYING CLOUD ADDITION WHEREAS, the plat of Flying Cloud Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder; and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for Flying Cloud Addition is approved upon compliance with the recommendation of the Final Plat Report on this plat dated July 17,2012. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners of the subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on July 17, 2012. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta, City Clerk FLYING CLOUD ADDITION R.T. DOC° NO. C.R. DOC° NO. KNOW ALL MEN BY THESE PRESENTS: That Woodlake Sanitary Service,Inc.,a Minnesota Corporation,owner and proprietor of the following described property situated in the County of Hennepin.State of Minnesota.to wit Parcel I: Parcel 6: Government Lot 2,Section 34.Township 116,Range 22,West of the 5th Principal Meridian,except that part lying Southwesterly of County Rood No.37. That part of Outlot B,Bluffs West Second Addition,Hennepin County.Minnesota.embraced within the Northeast Quarter of the Northeast Quarter of Section 34.Township 116, Range 22. All that part of the SEI of 2e SWI/4 of Section 27,Township 116,Range 22 West of the 5th Principal Meridian which lies Southerly of the Southerly right of way line of U. S.Trunk Highway No.I6 9-2112. Parcel J: All that part of the NEI/4 of the SWI/4 of Section 27,Township 116,Range 22 West of the 5th Principal Meridian which lies Southeasterly of the Southeasterly right of way Outlot B,Riverview Bluffs,Hennepin County,Minnesota.(Note:port Torrens(Certificate of Title No.1035141.) line of U.S.Trunk Highway No.169-212. Parcel 8' The SWI/4 of the SEI/4 of Section 27.Township 116,Range 22 West of the 5th Principal Meridian. That port of the Northeast Quarter(NEI/4)of the Southwest Quarter(SWI/4)and of the West Half(W1/2)of the Northeast Quarter(NEI/4)and the West Half(WI/2)of the That part of the NWI/4 of the SEI/4 of Section 27,Township 116,Range 22 West of the 5th Principal Meridian which lies Southeasterly of the center line of U.S.Tank Southeast Quarter(SEI/4),all in Section 27,Township 116,Range 22,described as follows:Beginning at a point on the south line of the Northwest Quarter(NWI/4)of the Highway No.169-212,and which Ii s West of a line described as follows:Commencing at a point on the South line of the NWI/4 of the SEI/4,41 rods East of the Southeast Quarter(SEI/4)of said Section 27,distant 41 rods East of the Southwest cn er thereof,thence North along a line which,If extended,would Intersect the North Southwest corner thereof and extending North to its intersection with the North line of the NEI/4 of said Section 27 at a point 17 rods East of the Northwest corner thereof. line of the Northeast Quarter(NEI/4)at a point distant IJ rods east of the Northwest corner thereof,to the center line of U.S.Highway No.Ifi9;thence South 41 degrees,IO minutes West along the center line of said highway 1588.2 feet;thence South 55 degrees,14 minutes East 457.41 feet;thence South 64 degrees,25 minutes East I56.37 That part of Section 27,Township 116.Range 22 West of the 5th Principal Meridian described as follows:Commencing at a point in the East line of the West 5/8 of the feet;thence South 51 degrees 54 minutes Eost 582 feet;thence North 26 degrees 39 minutes East 386.06 feet;thence South 89 degrees,36 minutes East 42.75.feet to the North 1/2 of the SEI/4 distant 495 feet South from the Northeast corner thereof;thence South to the Southeast corner thereof;thence West to a point on the South line, point of beginning;except that portion thereof acquired by Minneapolis-St.Paul Metropolitan Airport Commission In Document Numbers 3326892 antl 3447831;together with an thereof 41 rods East of the South west corner thereof;thence Northerly to an intersection with a line parallel with and 495 feel South from the North line of the SEI/4 along easement as contained in Document Number 3326893.Hennepin County.Minnesota. a line which if extended would intersect the North line of the NEI/4 distant 17 rods East from the Northwest corner thereof;thence East to the point of beginning. Parcel 9 EXCEPTING from said Section 27,Township 116,Range 22 West of the Slh Principal Meridian the following described tracts: All that part of the South 1/2 of the Southwest 1/4 of Section 27,Township 1l6,North Range 22 West of the 5th Principal Meridian described as follows:Prom a point on Commencing of the Southwest comer of the SEI/4 of the SWI/4 of Section 2J.Township 116,Range 22 West of the 5th Principal Meridian thence North along the West line the West line of said Section 27,distant 47I.1 feel North of the Southwest corner of said South I/2 of the Southwest I/4;thence running in o Northeasterly direction al an of said SE1/4 of the Sw1/4 to its intersection w e following d e:Commencing at a point o West 1i of said Section,distant a]1.1 feet North of the angle of 87 degrees,06 minutes with said West Section line for a distance of 508.2 feel;thence deflecting to the left on o 4 degree,00 minute curve with a radius of 1432.7 Southwest corner thereof;running thence c the fullrly wingdirection sca angle omme87°06 with the line fora of 5082 feet;f deflecting at the feet fora distance of 561.8 feet:thence deflecting to the right along the radius f said curve produced Southeasterly for a distance of 60 feel:thence running in a Northeasterly direction along a line parallel with antl distant 60 feet Southeasterly from then above described 4 degrees 00 minutes curve for a distance of 210feet to the left o 4°00.a with anradius of 1432.7 feet for a distance of 561.8n feet;thence deflecting to the West right a onglithe radius d�o said c produced Southeasterly for a point of beginning of the tract of Iond hereby to be described;thence deflecting to the right In a Southeasterly direction along the radius of the above mentioned 4 degrees, distance of 60 feet: ce running in Northeasterly direction along a e parallel with and distant 60 feetSoutheasterly from the above mentioned 4°00'c 00 minute curve for 172.0 feet;thence deflecting to the left,deflection angle 52 degrees,10 minutes for a distance of 347.0 feel;thence deflecting to the left,deflection distance of 210 feet:thence deflecting to the right in Southeasterly direction along the radius of the above mentioned 4°00'curve for a distance of I72 feet;v thence deflecting angle III degrees 16 minutes a distance of 442.5 feet moreor less to the Southeasterly line of the right angle of U.S.Trunk Highways Numbers I69 and 212,s called as to Me left of onangle of 52°I0'for a distance of 347 feet:thence deflecting to the right at a angle of WOO'for a distance of 240 feet to the beginning of the line to the sameare now laid out and constructed;thence Southwesterly.Northwesterly,Southwesterly,and Southeasterly along the right of way line of said Highway to the point of be described;thence deflecting to the right at anangle of WOO'aIn extending to its intersection with the East line of the SWI/4 of the SWI/4 which is the actual point of beginning. beginning of the tract to be described;thence returning along said line to the point of its beginning;thence deflecting to the left 90°00'a distance of 240 feel;thence deflecting to the left at an angle of 21°16'a distance of 442.5 feet,more or less,to the Southeasterly right of way line of U.S.Trunk Highway No.169-212;thence from Lees and except the aggregate of the above parcels the following-described lord,conveyed to the City of Eden Prairie by warranty deed recorded February 9,2002,as Southwesterly along the right of way line of said highway to its intersection with the West line of said SEI/4 of the SWI/4:thence South along said West line to the point of Document No. Worn 8: actual beginning. Those parts of the following described properties: Beginning at a point on the South line of the NWI/4 of the 5E1/4 of Section 27,Township 116,Range 22 West of the 5th Principal Meridian distant 41 rods East of the That port of the Northeast Quarter(NE 1/4)of the Southwest Quarter(SW I/O)and of the West One-half(WI/2)of the Northeast Quarter(NE I/O)and the West One-half Southwest corner thereof;thence North 5°20'West a distance of 1543.56 feet la the center line of U.S.Trunk Highway No.169-212;thence South 41°10'West along the (WI/2)of the Southeast Quarter(SE 1/4)all in Section 27,Township 116,Range 22,described as follows:Beginning at a point on the South line of the Northwest Quarter center line of said highway 1588.2 feet;thence South 55 14 East 457.41 feet;thence South 64 25 East 156.37 feet;thence South 51 54 East 582 feet;thence North 26 39' (NW I/4)of the Southeast Quarter(SE 1/4)of said Section 27,distant 41 rods East of the Southwest corner thereof;thence North along a line which,if extended would East 386.06 feet;thence South 89°36 East 42.75 feet more or less to the point of beginning. intersect the North line of the Northeast Quarter(NE I/4)of a point distant IJ rods East of the Northwest corner thereof,to the center line of U.S.Highway No.169;thence All that part of the South I/2 of,the Southwest I/4 of Section 27,Township Ilfi,Range 22 described as follows:from a point on the West line of said Section 27,distant South 4l degrees,10 minutes West along the center line of said highway 1588.2 feel;thence South 55 degrees l4 minutes East 45].41 feet;thence South 64 degrees,25 471.1 feet North of the Southwest c of said South 2 of the Southwesthence running a Northeaster) direction at a eat 87°O6'with said West section minutes East I56.3J feet;thence South 51 degrees,54 minutes East 5n82 feet:thence North 26 degrees 39 minutes 1East 386.Ofi feet;thence South 89 degrees,36 minutes e for eale Sou feet;thenceof /left o 4°00'c I/O.I/4, n iif91432.J feet for a of 561.8 feet;t deflecting t elan East 42.J5 feet to the point of beginning,except that portion thereof acquired by Minneapolis-St.Paul Metropolitan Airport Commission Document Numbers 3326892 and aover deflecting ton curve w a re g tothe right g 3447831.together with an easement as contained in Document No.3326893,Hennepin County.Minnesota. the r distanceof s produced Southeasterly for a of 60 feet:thence running is Northeasterly directionalong a t 60 feet Sou arty from described 4°00' e ford a distanceof 210 feet', deflecting f right asterly direction alongi Inca distant of f aboveAnd that part of the Northeast Quarter of the Southwest Quarter and that part of the West Half of the Southeast Quarter of Section 27,Township 115,Ronge 22,Hennepin mentioned 4°00'rc the fora 172.0 feet;thence deflecting to the left,deflection angles of 52°10[fora distance of 34J.0u feet:thence to the rightdeflection angle 90°a distance County,Minnesota,which lies Southeasterly of the center line of U.S.Highway No.169 as laid out and traveled October 1,1970,and lies Northerly of"Line A"and lies of 100 feet to then actual point of beginning of the tract of land hereby to be described;thence back along the last described course a distance of 100 feet;thence to the Southerly of"Line B". left deflection angle 21°16'a distance of 442.5 feet,more or less.to the Southeasterly line of the right of way of U.S.Trunk Highways No.169 and 212.s called as the same are w laid out and constructed;thence Northeasterly along the Southeasterly line of said Trunk Highways No.169 and 212 a distance of 1]6.55 feel thence Said"Line A"is described as commencing at o point on the South line of the Northwest Quarter of the Southeast Quarter of said Section distant 676.50 feet East of the Southeasterly along o line parallel o lle1 with and distant 150 feet Northeasterly from the next to the last described course a distance of 68J.35 feet;thence Westerly to the point Southwest c of said Northwest Quarter of the Southeast Quarter of Section 27;thence Northerly a distance of 1537.79 feet,m or less,along a line which,if extended, of beginning a distance of 195.1 feet,more or less. would intersect the a North line of the ry t Quarter of said Section 27 at a point 280.50 feet East of the Northwest cornerof said Northeast Quarter of Section 27,to Parcel 2' said center line of U.S.Highway Numbers`69 as laid out and traveled:thence South 41 degrees 10 minutes 00 seconds West,assumed bearing.along said center lineof U.S. Highway N 169 a laid out and traveled a distance of 1588.20 feel to the paint of beginning said"Line A';thence South 55 degrees 14 minutes 00 seconds East a distance The Southeast Quarter of the Southeast Quarter of Section 27,Township I6,Range 22; of 457.41 feel;thence South 64 degrees 25 seconds 00 seconds East a distance of 156.3]feet;thence South 51 degrees 54 minutes 00 seconds East distance of 582.00 and feet;tM1ence North 26 degrees 39 minutes 00 s onds Eastca distance of 386.06 feet;thence Easterly to the point of commencement and said"Line A"there terminating. The Northeast Quarter of the Northeast Quarter of Section 34,Township 116,Range 22,EXCEPT that portion embraced within Riverview Bluffs and Bluffs West 2ntl Addition; Said"line B"'s described as commencing at a point on said South line of the Northwest Quarter of the Southeast Quarter of Section 2n],distant 6]6.5e0 feet East of said and Southwest f the Northwest Quarter f the Southeast Quarter f Section 2J;thence Northerly distance f 1561.56 feet, long line which, f tended,would intersect said N n of the Northeast Quarter of Section 27 a a point 280,0 feet East of said Northwest c of the Northeast Quarter of Section 27,to of U.S. That part of Government Lot 3,Section 34,Township I6,Range 22,lying southwesterly of the center line of County Road No.37 and lying easterly of a line described as HighwayrN line of as described in Highway Easement Document No.1880568.recorded in the office of the County Recorder in and for Hennepin County.M soto`ethence follows:Commencing at the Intersection of the East line of said Government Lot 3 with the center line of County Road No.37,said point being distant 268 feet north of the Southwesterly song said center lineof U.S.Highway No.I69 as described in Document No.1880568,a distance of 1588.20 feet to the pant of beginning of said Line B": Bred corner of Me East line of said Government Lot 3,thence norm]J°50'West o distance of 100 feet;tM1nce norm W.'West a distance of 111.3 feet;thence thence Southeasterly deflecting to the left 96 degrees 24 minutes 00 seconds a distance of 457.41 feet;thence Southeasterly deflecting to the left 9 degrees 11 minutes 00 moelntlJ4°22'West a distance of 459.1 feet;thence North 68°51'West o distance of I70.4 feet to the actual point of be of the line to be described;hence South seconds a distance of I56.37 feet;thence Southeasterly deflecting to the right 12 degrees 31 minutes DO seconds o distance of 582.00 feel;thence Northeasterly deflecting to parallel with the East line of Government Lot 3 and its extension thereof to the South line of said Government Lot 3 and gtM1 ere terminating;and the left 101 degrees 27 minutes 00 seconds a distance of 386.06 feel;thence Southeasterly a distance of 49.79 feet to the point of commencement a.said"Line B"there terminating. That part of saitl Government Lot 3,Section 34,Township 116,Range 22,lying Northerly of the center line of County Road No.37,EXCEPT that portion embraced within Which lie Westerly,Northwesterly and Northerly of a line described o commencing at the Southeast c of said Southeast Quarter of the Southwest Quarter of Section 27; Riverview Bluffs. thence South 89 degrees 39 minutes 57 seconds West.assumed bearing.along the South line of said Southeast Quarter of the Southwest Quarter.a distance of 104.56 feet Parcel 3: to the point of beginning of the line to be described;thence North 17 degrees 49 minutes 47 seconds West a distance of 179.81 feet to the hereinafter described"line C"; thence North 28 degrees 55 minutes 39 seconds East,along said"line C",a distance of I10.07 feet to an angle point In said"Line C";thence North 61 degrees 04 minutes All that part of the South 1/2 of the Southwest I/O of Section 27,Township 116,Range 22,described as follows:From a point on the West line of said Section 27,distant 21 seconds West.along said"Line C",a distance of 97.16 feet;thence North 10 degrees 47 minutes 28 seconds West a distance of 70.92 feet:thence North 2 degrees 39 47I.1 feet North of the Southwest comer of said South I/2 of the Southwest I/4;thence running In a Northeasterly direction at an angle of 87°06'with said West section minutes 53 seconds East a distance of 365.59 feet;thence North 24 degrees 38 minutes I6 seconds East a distance of 225.88 feet;thence North 32 degrees 2]minutes 49 line for a distance of 508.2 feel;thence deflecting to the left on a 4°00'curve with a radius of 1432.7 feel for a distance of 561.8 feet;thence deflecting to the right along se conds East a distance of 532.21 feet;thence North 78 degrees 54 minutes IO seconds East a distance of 41.35 feet;thence South 54 degrees 39 minutes 30 seconds East the radius of said curve produced Southeasterly for a distance of 60 feet;thence running in a Northeasterly direction along o line parallel with and distant 60 feet a distance of 221.02 feet;thence North 62 degrees 29 minutes 47 seconds East o distance of 29.14 feet;thence North 0 degrees 20 minutes 57 seconds Wes[o distance of Southeasterly from the above described 4°00'curve for o distance of 210 feel;thence deflecting to the right in a Southeasterly direction along the radius of the above 860.92 feel to the South line of sold North 3/I6 of the Southeast Quarter of Section 27 and said line there terminating. mentioned 4°00'curve for 172.0 feet;thence deflecting to the left,deflection angle of 52°10'for a distance of 347.0 feet;thence to the right deflection angle 90°a distance Said"Line C"is described as commencing at said Southeast c of theSoutheast Quarter of theSouthwest Quarter o n 27;thence South 69 degrees 39 minutes 57 of 100 feet to the actual point of beginning of the tract of land hereby to be described;thence back along the last described c a distance of 100 feet;thence to the seconds West,along said South line of the Southeast Quarter of the Southwest Quarter,a distance of 222.13 feet:thence North n 0 degrees 20 m 03 seconds West a left deflection angle 21°16'a distance of 442.5 feet,more or less,to the Southeasterly line of the right of way of U.S.Trunk Highways No.169 antl 212,so called as the distance of 58.14 feet to the point of beginning of"Line C"to be described;Uence North 28 degrees 55 minutes 39s seconds East a distance of240.00 feet:thence North 61 same are w laid out and p constructed;thence Northeasterly along the Southeasterly of said Trunk Highwa o No.I69 and 2122 a distance of I76.58 feel;thence degrees 04 minutes 21 seconds West a distance of 31 J.62 feet a.said"Line C"there terminating.according to the United States Government Survey there.a.situate in Southeasterly along o line parallel with and distant 150 feet Northeasterly from the next to the last described u a distance f 687.35 feet;thence Westerly to the point Hennepin County,Minnesota. of beginning,a distance of 195.1 feet more or less. Parcel 4' Parcel 10: The East Three-Quarters(E 3/4)of the South Half(5 I/2)of the Northeast Quarter(NE I/4)of the Southeast quarter(SE I/4)of Section 2J,Township I6 North,Range That part of Government Lot 1,Section 34,Township 116.Range 22.Hennepin County.Minnesota,lying northeasterly of a line drawn from a point on the north 1' f said 22 West. Government Lot I,distant I00.00 feel westerly of the northeast comer of said Government Lot I to a point on the east line of said Goverment Lot I,distant 50.00 feel southerly of said northeast corner of Government Lot 1. Parcel 5 Abstract property,except as otherwise staled above. The South Three-Fourths(S 3/4)of the Southwest Quarter(SW I/4)of Section Twenty-Six(26),Township One Hundred Sixteen(II6)North,Range Twenty-Two(22)West, Have caused the same to be surveyed and platted as FLYING CLOUD ADDITION and do hereby donate antl dedicate to the public for public use forever the public ways and the Hennepin County,Minnesota,except those ports embraced within Bluffs West Secontl Addition,North Bluff 2.Addition antl North Bluff Addition,and except the following: easements for drainage and utility purposes as shown on this plat. That port of the Southwest Quarter of Section 26,Township 116,Range 22,Hennepin County,Minnesota,described as beginning of the most northerly comer of Outlot A,Bluffs West Second Addition,according to the recorded plat thereof,Hennepin County,Minnesota:thence North 0 degrees,23 minutes 57 seconds West.assumed bearing,along the northerly extension of the east line of said Out,.nse A.o distance of 28.80 feel to the south line of the North Half of the Quarter of the Southwest Quarter of said Section 26;thence South 89 degrees 35 minutes 47 seconds West,along said south line of the North Half of the Northeast Quarter of the Southeast Quarter of said Section 26,a distance of I6I7.28 feel;thence South 36 degrees 57 minutes 43 seconds East a distance of 1056.29 feel;thence North 61 degrees 44 minutes 37 seconds East a distance of I40.00 feet to the most westerly comer of said Outlot A;thence North 48 degrees 29 minutes 13 seconds East along the northwesterly line of said Outlot A.a distance of II47.15 feel to the point of beginning,Hennepin County,Minnesota. PRELIMINARY Sl SUNDE Oft 05/11/2012 LAND SURVEYING .SHEET 1 OF-0.SIIF.ET.S' FLYING CLOUD ADDITION R.T. DOC. NO. C.R. DOC° NO. In witness whereof said Wootllake Sanitary Service.Kr..a Minnesota Corporation,has caused these presents to be signed by its proper officers this____day of XE OF SE 1/a - SE 1/e 0 - SW 1/1 E I/O a gC 2r T IIB Iv P1-- SOUTX U i IAN�E WRNS III, Lw SE ___ OF SW 1/e OF SEC.2r__r Cf SEC. SE/9EOF SEG T . dry_ .. (- $ a LOT • 6]_17 i'�\YB I 1 Io0.00-----_ } t 453. WOOdlake Sanitary Service,Inc `Match line E3 SB9°3033"W ---1T13.16--"� � SB9°3l'4�"W [Nee°32.43•'E7 BY: its___— —_and its (SEE SHEET 3) E M COUNTY OF STATE OF ' °, 01 'a' �ra b 'Y ' ' Pion n _ S The foregoing instrument was acknowledged before me this___tlay of___ 20___by the 2 Nh a �pz oa n - 1 3 i\ antl the _of said Waadlake Sanitary Service,Inc.,a Minnesota R_ e+'$ �.g, OUTLOT k� A ? 6L Corporation,on behalf of ee oarporoen. p 2 --_ iWz_ ro • NCtary Public, _County, \\` •••,:- �� 1 ``.. W\o ,., 0, My Commission Expires ,_ 0\\806 Rry s •� •-_ .a 8 " ' •Inx m •�5�,•SCY 70U: 1, Mark S.Hanson,do hereby certify that this plat was prepared by me or under my direct supervision;that I am a duly Licensed Land Surveyor in the State of --__ °i� B�Ag\.u0 , u PyW u pOJ .9`u P. r o y ry Minnesota:that this plat is correct representation of the boundary survey,that all mathematical dam and labels are correctly designated on this plot;that all --- __ \9G Dry ,y>•- -- ,,5 v 4.�jS " monuments depicted on this plathave been or will be correctly set within one year:that all water boundaries and wet lands as defined in Minnesota Statutes. I v r \!�6 V. 6�{1 - `�f4et fl I .a Section 505.01,SUbd.3,as of the dote of this certificate are shown and labeled on this plat;and all public ways are shown and labeled on the plat. \\U\ry j• w• 'Sky a,S cpoG m l M1 9 8 . �\ o ? Z w y Dated this - day of 20 I Li..MEANDER t1g\ 9:t,p • p 'pew z K w rna.k s.Hneon, Lne sarv<roF N y '� •'^�-,4,2 3 �µ Minnesota License N0.15460 I E X E p T t ,p '-- .__ , h„"' „ �, 8 i,s8s,y _ E v4 < n Ati� rop` c Ia a STATE OF MINNESOTA \ r-ir 6Or EC�H- 9 COUNTY OF �C j 30. . I_22� , �� um N uxE covT.LCT 3 i 516 yn This instrument was acknowledged before me this day of -,20- by Mark S.Hanson. \ 0D 09 E •--_ v =�- }9 S6 ^'J°A\6°Jt YN,3?,',. sn23op --- Y\0 930 Dry, o`/v •\? 3E•0o.s. w Notary Public, County,Minnesota 5sas `3/Y, ._ S&. h MONUMENT My Commission Expires ___ \\�• 5>Z 3+'3p.4/s 1 mom'^o o o •'wS' A . '''' • EDEN PRAIRIE,MINNESOTA 4,7 } r J S Is2 3> -• �'=� • -y k� "' `"SEE DETAIL A-� z o This plot of FLYING CLOUD ADDITION was approved and accepted by the City Council of Eden Prairie,Minnesota, t a regular meeting thereof held this_ _tlay �\� / w0 '�i'EphE n '°°=;� h!/'„•Su. STB O24 J� of_ _20_ If applicable,the written comments and reco mendations of the Commissioner of Transportation antl the County Highway Engineer 1e \ it R 1 BY S pog0 fF _ ry:�'u` 80+ �''41$ E w'o nave been ed by the City n the prescribed 30 day period has elapsed without receipt of such comments and recommendations,as provided by Minn. ,�.� - -� i hNG, W OC4OK'. ,,>K ,?�•r` ' )smtes,Sean so5.o3,sabe.z. / 4"oasr°E °A'a`4 "< y d ;^ewe -- :B ,�N•z �!61Y'gs,4tq�(eaNa w ,6F�'q s r� 4A1,,,,A-•, s«--- CITY COUNCIL OF EDEN PRAIRIE,MINNESOTA _pq$ 'se,o\' la IJJJ •44-h°�� oau[rzk a �" nmm fN>4.77PoW��� W 5.5sti.' (06DTEMATEO) BY ___.Mayor BY___— ____City Manager �k. "n n ` o wa .4 4%;�0 TAXPAYER SERVICES DEPARTMENT,Hennepin County,Minnesota ,�' £ou (�, J J '?.„0,0,„\sie".''' I herebyof that toon this plot,dated this day of_ zo _ DETAILA `O^4+ b: S '4,":.- certify taxes payable in 20___ono prior years have been pain for Iona described __— Y :8 '''Sae °'o` NO A „.fie '0 ,"' /� * ` 7 Mork V.Chapin,County Auditor BY: ____—Deputy ,, 4 �' ,p4 \ y r a SURVEY DIVISION,Hennepin County,Minnesota ;I- T 3 N[�°i"•' 3J�O�e Pursuant to Minnesota Statutes.Sec.3838.565(1969),this plat has been approved this____day of 20___ •EU F2�95 �:ih �� Y. „` William P.Brown,County Surveyor BY: 0 • DENOTES FOUND IRON 9 'X'3ti� "� REGISTRAR OF TITLES,Hennepin County,Minnesota O DENOTES 1/2 INCH BY 14 INCH IRON MONUMENT SET AND 5W MARKED WITH PLS NO.15460 1 hereby certify that the within plat of FLYING CLOUD ADDITION was recorded in this office this day of ,20 at _o'clock-.M. 0 DENOTES FOUND HENNEPIN COUNTY CAST IRON MONUMENT, UNLESS OTHERWISE NOTED Martin F.McCormick,Acting Registrar of Titles BY, Deputy BEARINGS AND DISTANCES IN BRACKETS INDICATE BEARING OR DIMENSION CALLS IN DESCRIPTION.WHERE DIFFERING FROM MEASURED. COUNTY RECORDER,Hennepin County.Minnesota BEARINGS ARE BASED ON THE HENNEPIN COUNTY I hereby certify that the within plat of FLYING CLOUD ADDITION was recorded in this office this_day of 20__at _o'clock_.M. COORDINATE SYSTEM Martin F.McCormick,Acting County Recorder BY: Deputy BENCH MARK Top of railroad spike in south face of power pole on south side of entrance. 200 0 200 400 Elevation 902.61 feet(NAND 1988) III SCALE IN FEET PRELIMINARY j1 SUNDE Oft O5/11/20I2 LAND SURVEYING SHEET 2 OF 4 SHEETS FLYING CLOUD ADDITION R.T. DOC. NO. C.R. DOC. NO. N I _ r DETAIL D CO.mEx Of. 1 o7 RODS) r/i� N°oc,,, Zia OF SEC.22 IsNE°E NE E=w;. ON.; /aag°.27 ,// T— N ' OF sw is OF S OF / E P i ewe° ( ffi / /' / C ,— , T� F.,E L, \E X a<ou o.A---y /,^' /' 7sa1 n°NE ffo z, �'sN "TME°�iz: cS nE II �! �tl gT/.�SEC.2 it..j •�`)n "/p , J x C ' tI' 8cl \ a 8 200 0 200 Roo \ F� iw SFL C] �?G �0�' �m6n 4 SCALE IN FEET \‘..) // c� Oau.a: (:)E C_ E /9:." �`,' �,// e41 m I 1 11$a �` \ > E� m `Y` i �' ,:! / _. 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FLYING CLOUD ADDITION (0 / / / 'i DETAIL B '- _•.- / Q fib _ r' E A::‘;':?\ / , A �( o d/`JF� / r,� F ri'C�/'g�NO� Z'°PJff, jJQ y // swxi.oFvz�/' OQog9 9 564°/3'/2'E � :1;0,1 "j 8okry' °\40 '� ^ti !`'";9 ;\,ry. , 4hY I /3/43eJ_ rvoor iMu o°EFc cn LN ]aoo __� se•wcl LINE OF x w /z�` sEi.OF SEC./ III SS / '°'� � .C9 " \ 31E, 4aIoo o ioo zoo ' /� \ � �/ \� aryhry°SCALE IN FEET 8` M1B F,s v/ �"ye5 Sae qg0\ �\ // sAW� a5 zr3 s ssz\ / ,h -WINE a i 00 / \J pU'8 a 9rs sfJ x^ Iw // ,h W ,,,,,o, aEASEMENT FOR GAS ,__/,,, _s / �r\0�o\0O/ 'v j°4' PER Soo.NO.4I2I255-_ c `r..<--/ \ e � asssofl—�z / / / ,r ,I , . / �akati�///"a`a r ia, �.W I \ 18 m DETAIL C NO SCALE g'1 s\ 20 •0' M1h'ry 1 N _ / \5 C' 01 fix` '� \'3.,e', A �' rv�� I1'1m'�i�i /y,y0g \^ / --N69°36'S6"E 105539 I,•9\•/5 M1 5 ym1 `��/ \,',V4V4, � s OT 1 w 'f,. ! , '„'4(1 ': �' , `,��;� 7m OUTLOT A ,a, = "11 V EofTHE :� R1 p 1 \A sn3 D Qy i/ ,� ✓ L 0 /�( I wS� n1 T'°� �rc/ ,,/,, 1 I' ,b�N99°3605"E 'I�� 0 PE nn- w$ 2252b 00111«< 99000-_-1 rC�¢? =`.'- ' •u'u•E .�zs,2 I5 Paxss� E -I= y , ��II,,, ———- A l�a'N85°53;T5"W 34700 'pep�' •J5'�\ r W a _ ..-- !Rol( °o \� , ,' �5gE \1.< ., , a $ -S55 A 1 N.l 'JJB�.-�� 11 s 4 ,....../ , / ----- 1-3 1 t ./ S85 5335"E 356.35 rolxrr r,JA ''?'W o.'p _ze.]s.03016796 AND MODIFIED BY DOC.°"z,w� 'w nl I --z LINE 0.iz niso Wirrvc`oiEc. J $`i: S/.sE sw2OFENEE]. �� sw EAST`��i;�FS�E</z]-_ 1'8• m •aNE c' 8/.k�p'a 4EEEnSEo er ooc.xo..oss].5 - -�� o I/. .2 I/4 p q of SW 1/4 aF SEC.27 2// \Ki I �� pnR ar a' 3, / �m w- I.s _� W 1 oOC.NO.wss],5 _ /- w I/,Of SEC/] �n'2 \£✓ I/.CC£gc. 7.r./ 2 � / of swcii+of sec zi 1 E`s s R PaI [4' ]°w] / sro -_°P S89°37'47"W 122316 -' '\ PRELIMINARY J1 SUNDE Der:05/I v2012 LAND SURVEYING SHEET 4 OF 4 SHEETS CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 17, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D. Rob Reynolds, Police Chief, Accept Agreement between City of Eden Police Prairie and City of Bloomington for Animal Impound Services Requested Action Move to: Accept the Agreement between City of Eden Prairie and City of Bloomington for Animal Impound Services. Synopsis The City of Bloomington offers animal impound and boarding services to the City of Eden Prairie. Attachments Agreement AGREEMENT BETWEEN THE CITY OF BLOOMINGTON AND THE CITY OF EDEN PRAIRIE FOR ANIMAL IMPOUND SERVICES THIS AGREEMENT is made this day of between the City of Bloomington, a Minnesota municipal corporation located at 1800 West Old Shakopee Road, Bloomington, Minnesota 55431 (hereinafter referred to as the "City"), and the City of Eden Prairie, located at 8080 Mitchell Road,Eden Prairie , Minnesota 55344 (hereinafter referred to as the "Requestor"). WITNESSETH WHEREAS, the City has the facilities for the boarding of animals available for use by the Requestor under the control and direction of its Police Department; and WHEREAS, the Requestor desires to use the City's facilities for the boarding and release or disposal of those domestic animals it impounds; WHEREAS, the parties have agreed on the type and manner of use of the City's facilities by the Requestor; NOW, THEREFORE, in consideration of the terms and conditions expressed herein, the parties agree as follows: I. TERM OF AGREEMENT The term of this Agreement shall be from , to , subject to termination as provided in Subdivision V. IL DUTIES OF REQUESTOR A. The Requestor shall deliver animals to the City in good health and in accordance with the City's operating procedures, understanding that the City may at any time refuse to accept an animal based upon the condition or nature of the animal or the availability of space at its facility. B. The Requestor authorizes the City to destroy in a humane and proper manner those animals it delivers to the City in accordance with Bloomington City Code 1 §14.96(i) [seized dangerous dogs] and §14.137.09 [unlicensed dogs and cats, wild animals, unrestrained animals] each providing that animals unclaimed after 7 days may be destroyed; and Minn. Stat. §343.325 [disposition of seized animals that have been cruelly treated] providing that such animals unclaimed may be destroyed after ten [10] days. C. Requestor understands and agrees that the City has authority to arrange for veterinary care of animals impounded by the Requestor that the City, in its sole discretion, determines to be sick or injured and in need of such care. The Requestor agrees to reimburse the City for the cost thereof, including all staff and administrative costs. D. The Requestor shall defend, indemnify and hold harmless the City of Bloomington, its officials, employees and agents, from any and all claims, causes of action, lawsuits, damages, losses, or expenses, including attorney fees, arising out of or resulting from the Requestor's (including its officials, agents or employees)performance duties performed under this Agreement, including destroying/disposal of all animals in City's care. E. The Requestor agrees to pay the City within thirty (30) days of the date of invoice for the services rendered pursuant to this Agreement and assessed in accordance with the fee schedule attached hereto and incorporated herin by reference as Exhibit A and understands that late payments will be assessed interest at the rate determined by the state court administrator under Minn. Stat. §549.09, Subd. 1(c). F. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of copartners between the parties hereto or as constituting the Requestor's staff as the agents, representatives or employees of the City for any purpose in any manner whatsoever. The Requestor and its staff are to be and shall remain independent Contractors with respect to all services performed under this Agreement. The Requestor represents that it has, or will secure at its own expense, all personnel required in performing services under this Agreement. Any and all personnel of the Requestor or other persons, while engaged in the performance of any work or services required by the Requestor under this Agreement, shall not be considered employees of the City, and any and all claims that may or might 2 arise under the Workers' Compensation Act of the State of Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the Requestor, its officers, agents, Requestors or employees shall in no way be the responsibility of the City; and the Requestor shall defend, indemnify and hold the City, its officers, agents and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Compensation, disability, severance pay and PERA. G. The Requestor shall be responsible for checking for identification on those animals it delivers to the City and for prompt notification of identified owners of the location and impoundment of the animal by the most expedient means. H. The parties agree to comply with the Minnesota State Human Rights Act, Minnesota Statutes, Section 363. I. The Requestor shall maintain commercial general liability insurance in the following amounts during the term of this Agreement: a. Bodily injury in the amount of at least$500,000 per individual and $1,500,000 per occurrence for injuries or death arising out of each occurrence. b. Property damage liability in the amount of$1,500,000 for each occurrence. c. The Requestor further agrees to name the City as additional insured in said insurance policies and to provide a certificate of said insurance to the City prior to commencing work pursuant to this Agreement. d. The Requestor shall carry Workers' Compensation Insurance as required by Minnesota Statutes, Section 176.181, subd. 2. 3 e. The Requestor agrees to notify the City thirty (30) days prior to cancellation or a change in any of the aforementioned insurance policies. All insurance must be provided at the Requestor's expense and at no additional cost to the City. J. Requestor will be invoiced monthly for services provided by the City. Requestor agrees to pay these invoices within thirty (30) days of receipt. Late fees will be assessed at the maximum rate allowed by law, for all amounts not paid within thirty (30) days from the date of the original invoice. III. DUTIES OF THE CITY A. The City will receive from the Requestor domestic animals, excluding any mammal, amphibian, reptile or bird which if of a species not usually domesticated and of a species which, due to size, wild nature or other characteristic, is dangerous to humans, reserving the right to at any time refuse to accept any animal based upon the condition or nature of the animal or lack of staff or available space at its facility. B. The City will exercise reasonable care in feeding, boarding and caring for the animals received from the Requestor while they remain under its care, custody and control. C. The City will release animals received from the Requestor to the animal's respective owner in accordance with the City's or the Requestor's redemption criteria and upon the claimant's payment in full to the City of the total per diem Boarding Fee, Administrative Charge and any other costs incurred in boarding the animal, including the cost of any medical care provided. D. The City will exercise reasonable care in disposing of animals received from the Requestor in accordance with the City's disposal criteria, state law and local ordinances. Methods of disposal shall be determined by the City and will include without limitation, sale, adoption, destruction and donation. 4 IV. MISCELLANEOUS A. This Agreement represents the entire Agreement between the Requestor and the City and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof; and amendments, addenda, alterations, or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. B. The Requestor agrees to comply with the Americans With Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973 and not discriminate on the basis of disability in the admission or access to, or treatment of employment in its services, programs, or activities. The Requestor agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought alleging a violation of ADA and/or Section 504 caused by the Requestor. Upon request accommodation will be provided to allow individuals with disabilities to participate in all services, programs and activities. The City has designated coordinators to facilitate compliance with the Americans with Disabilities Act of 1990, as required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. C. The Requestor will comply with all applicable provisions of the Minnesota Government Data Practices Act, Chapter 13 of the Minnesota Statutes. D. The Requestor agrees to comply with all applicable local, state and federal laws, rules and regulations in the performance of the duties of this contract. E. This Agreement shall not be assignable except at the written consent of the City. F. The books, records, documents, and accounting procedures of the Requestor, relevant to this Agreement, are subject to examination by the City, and either the legislative or state auditor as appropriate, pursuant to Minnesota Statutes, Section 16C.05, Subdivision 5. G. The City and the City of Eden Prairie agree to submit all claims, disputes and other matters in question between the parties arising out of or relating to this 5 Agreement to mediation. The mediation shall be conducted through the Mediation Center, 1536 Hewitt Avenue, St. Paul, Minnesota, 55104. The parties hereto shall decide whether mediation shall be binding or non-binding. If the parties cannot reach agreement, mediation shall be non-binding. In the event mediation is unsuccessful, either party may exercise its legal or equitable remedies and may commence such action prior to the expiration of the applicable statute of limitations. H. The Requestor agrees, as a condition of being awarded this Agreement,to require each of its agents, officers and employees to abide by the City of Bloomington's policies prohibiting sexual harassment, firearms and smoking, as well as all other reasonable work rules, safety rules or policies regulating the conduct of persons on City property at all times while performing duties pursuant to this Contract. The Requestor agrees and understands that a violation of any of these policies or rules constitutes a breach of the Contract and sufficient grounds for immediate termination of the Contract by the City. V. TERMINATION Either party may terminate this Agreement for any reason upon giving thirty (30) days' advanced written notice to the other party. The City reserves the right to cancel this Agreement at any time in event of default or violation by the Requestor of any provision of this Agreement. The City may take whatever action at law or in equity that may appear necessary or desirable to collect damages arising from a default or violation or to enforce performance of this Agreement. 6 [N WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed the day and year first above written, CITY OF BLOOMINGTON DATED: Cp 1 1 I HY: \ C' y Manager Review and appr v d by the City Attorney i Attorney CITY OF EDEN PRAIRIE DATED: BY: Its City Manager 7 Exhibit A Fees for the Boarding,Release and Disposal of Animals Received from Other Governmental Agencies Unclaimed Animals: Administrative Charge $55.00 per animal Disposal $40.00 per animal Boarding $30.00 per day,per animal Unclaimed Animals: (To be collected from the claimant with the Requestor being ultimately responsible therefor.) Administrative Charge $55.00 per animal Boarding $30.00 per day,per animal Adjustment of All Fees: These fees may be administratively adjusted from time to time without a formal amendment of the Agreement. Such adjustment shall be made in accordance with the following procedure: a.) Fee adjustments are automatic when the City has, by Council action, adjusted its boarding, impound, administrative, sale & disposal fees for its own residents. b.) The adjusted fees shall not exceed the amounts set for City residents. c.) Initiation of a fee adjustment shall be made by thirty (30) day's written notice thereof to the Requestor. d.) The adjusted fees shall become effective unless, within thirty (30) days of the notice of fee adjustment the Requestor terminates this Agreement. 8 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 17, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.E. Police Department Resolution Declaring "Abandoned Property" Lieutenant Bill Wyffels Requested Action Move to: Adopt resolution declaring property as "abandoned property." Synopsis The Eden Prairie Police Department has accumulated a quantity of bicycles, stereo/electronic equipment, and miscellaneous items that remain unclaimed. City Code 2.86 Subd. 2, Disposal of Unclaimed Property, requires adoption of a resolution by City Council to declare unclaimed property that has been in the possession of the City for over 90 days as "abandoned property." Background Information In the course of municipal operations, the Eden Prairie Police Department's Evidence/Property Room has several items that have lawfully come into its possession that remain unclaimed by the owners and have been in its possession for at least 90 days. In accordance with City Code Section 2.86 Subdivision 2 C., the Police Department would like to dispose of this property by sale to the highest bidder at a public auction through the City of Eden Prairie. In addition, in accordance with City Code 2.86 Subdivision C, the Police Department would like to convert certain items for City use. Attachments Resolution - Declaration of Abandoned Property. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012- DECLARATION OF ABANDONED PROPERTY WHEREAS, City Code 2.86 Subd. 2 requires adoption of a resolution by City Council to declare unclaimed property such as bicycles, stereo/electronic equipment, and miscellaneous items as "abandoned property;" and WHEREAS, the property has lawfully come into the possession of the City in the course of municipal operations; and WHEREAS,the property remains unclaimed by the owners; and WHEREAS,the property has been in the possession of the City for over 90 days. NOW THEREFORE, BE IT RES OLVED that the City of Eden Prairie declares the unclaimed property as "abandoned property." ADOPTED by the City Council on July 17, 2012. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk pOLICj Abandoned Property for Auction Exhibit A EDEN "PRAIRIE M xwso[ Property ORI Case Number Description MN0270000 2008-00017687 Louis Vuitton Card Holder, Brown MN0270000 2009-00041009 Bag w (4) Coins Inside MN0272600 2009-00013857 Longines Watch w/No Band MN0272600 2009-00013857 (2)Arctic Wipers, Penlight Adaptor, Glass Cleaner MN0272600 2009-00013987 (1) Performance Parts Trolley Jack MN0272600 2009-00013987 (1) Small Floor Jack MN0272600 2011-00041087 (2) Pair of Sunglasses MN0272600 2011-00044881 (4) Head Phones MN0272600 2011-00044881 Primrose Schools Red Backpack w Tennis Shoe Zipper Puller MN0272600 2011-00054376 Adjustable Comfort Collar for Dogs MN0272600 2011-00054376 Aquatic Decor(Tiki face, Crocodile Head, + Mask) MN0272600 2011-00054376 Box of(34) Furminator(Small, Medium, + Large) in Packaging MN0272600 2011-00054376 ibeats High Performance in Ear Headphones in Box MN0272600 2011-00054685 Schwinn Sidewinder BlackPurple Boys 21sp MN0272600 2011-00055497 NEXT Power Climber OrangeSilver Boys 18sp MN0272600 2011-00057112 3-Stone 14kt Gold Womens Anniversary Ring- Lt Brown Tinted Stones MN0272600 2011-00057445 Haro Fusion UNK Model Blue Unisex lspd Bicycle MN0272600 2012-00000262 GTArette BlueWhite Mens 21sp Bike wPouch Attached MN0272600 2012-00001618 Speedo Watch, Black MN0272600 2012-00001618 DKNY Silver Ladies Watch MN0272600 2012-00010101 Hetromic Transmitter CS458, Yellow in Color wBlack Strap MN0272600 2012-00012464 Honda XTR500 Red Dirt Bike, 1980 MN0272600 2012-00013157 Haro Escape Mtn Bike, Red wPurple Accents MN0272600 2012-00014578 (1) Green Embark Backpack MN0272600 2012-00014872 (1) Pair of Earrings-White Pearl-type Studs MN0272600 2012-00014872 Fossil Watch, Mens, Black MN0272600 2012-00014872 Mens Ring, SilverYellow Colored MN0272600 2012-00014872 Nine West Ladies Silver Watch MN0272600 2012-00014872 Timex IronMan Gray Watch 03/07/2012 -07/09/2012 Page 1 of 1 pOLiCj Property for Conversion Exhibit B EDEN "i'RAlRIE '' Property ORI Case Number Property Description MN0270000 2008-00005473 (2) Digital Scales MN0270000 2009-00011686 Taylor Digital Scale, Silver in Color MN0270000 2009-00036234 Apple iBook& Power Cord MN0270000 2009-00036234 Dell Lap Top Computer, Power Cord MN0270000 2009-00037362 Silver Floor Digital Scale MN0270000 2009-00041007 Digital Scale MN0270000 2009-00041009 Dell Latitude D620 Laptop Computer wPower Cord MN0270000 2009-00041009 Bag w(2) Digital Scales inside a Vivitar Box MN0270000 2009-00055455 Envelope wFast Weigh ZX-600, Box& Pkg MN0270000 2011-00005454 Digital Scale MN0270000 2011-00005454 Electronic Money Counter MN0270000 2011-00005454 Digital Scale MN0272600 2008-00002715 Digital Scale MN0272600 2009-00004465 Crow Bar MN0272600 2009-00004465 10-pk Duracell AAA Batteries MN0272600 2009-00004465 Plastic Bag w$4.26 in US Coins MN0272600 2009-00013857 Long Screwdriver MN0272600 2009-00013857 (2) Stanley Screwdrivers MN0272600 2009-00013857 Wire Cutter, Small MN0272600 2009-00013857 $69 in Cash MN0272600 2011-00054376 Theft Tools (Box of Razor Blades, Magnet, Wire Cutters, Utility Knife) MN0272600 2012-00012161 $31 in Cash ($1 coin, 10-$1 Bills, 1-$20 Bill) 03/07/2012 -07/09/2012 Page 1 of 1 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda July 17, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.F. Jay Lotthammer, Parks and Aquatic Feasibility Study Recreation Director Requested Action Move to: Award the contract for the Aquatics Feasibility Study to Hammel, Green and Abrahamson, Inc. (HGA) in an amount not to exceed $43,500. Synopsis Requests for Proposals (RFP's)were sent to nine firms that had previous experience preparing Feasibility Studies for aquatic facilities. Four companies were selected to interview. The interviewing committee consisted of: Parks and Recreation Director Jay Lotthammer, Community Center Manager Wendy Sevenich, Aquatics and Fitness Supervisor Beth Witt and various representatives from the Foxjets Swim Team. Background In 2008, a significant renovation and expansion Community Center was completed. The project included the addition of a gymnasium, meeting rooms, third ice arena,play structure and child care facilities, but did not include renovation or expansion to the pool area. Since the remodeling and reopening in 2008, there has been an extraordinary increase in use and rentals at the Community Center. Memberships have increased from 571 to over 3,000 members. Many of these members enjoy the ability to use a pool as part of their fitness routine while some members and guests visits are specifically for indoor swimming. The growth in the Silver Sneakers program has necessitated an increase in the aquatic group fitness classes. A significant increase in swim lesson participation along with the membership of the Foxjet Swim Team has occurred. Since the expansion, it has been difficult to offer each user group ample pool opportunities and up-to-date requirements (see attached User Group Challenges). Nine firms that had prior experience with Aquatic Feasibility Studies were sent information describing the scope of work required: A. SITE ANALYSIS/CURRENT CONDITIONS Consultant will be responsible for complete site analysis, including the following: Site evaluation, including collecting information on soil conditions, storm drainage, site access,potential shared parking with adjacent facilities,pedestrian access and connections and impact on adjacent facilities. Aquatic Feasibility Study July 17, 2012 Page 2 B. NEEDS ANALYSIS 1. Obtain input from the following: A. Input from staff and constituents regarding priority uses and potential uses of the site. B. Input from staff regarding existing programs and future needs. 2. Document outcomes of staff and user input and prepare a summary report identifying pros and cons of each amenity. C. SCHEMATIC DESIGN 1. Concept Plans—Consultant will be responsible for developing three concept plans based on results and feedback based on site and needs analysis. 2. Review issues of maintenance relating to each of the design alternatives with appropriate City staff. 3. Prepare concept level estimates of construction costs for each of the concept plans identified above. 4. Facilitate a workshop with staff to review the concept plans and cost estimates. 5. Review the concept plans and construction cost estimates with the Parks, Recreation and Natural Resources Commission and the City Council for input and comments to be considered in developing the final plan. D. PREFERRED PLAN 1. Based on the outcome and reviews of the sites/needs analysis and review of the alternate concept plans, prepare a preferred concept plan. Prepare a more detailed site plan along with possible advanced schematic sections or elevations to illustrate proposed design features. 2. Prepare a concept level estimate of the construction costs for the preferred plan. 3. Prepare a proposed phasing of this plan with a cost estimate of each phase. 4. Refine the preferred plan based on the outcome of the review meeting above. Make minor refinements to the preferred plan. Deliver multiple copies of the plan and cost estimates to the City for their presentation to the Parks, Recreation and Natural Resources Commission, the Planning Commission, City Council and School Board, if necessary. E. FINAL REPORT Prepare a Final Report include the following: 1. An estimate of the cost to operate the facility, including the number of staff necessary to operate the facility on a daily basis, as well as other annual operating costs and determine if the facility will be able to meet its operating costs and pay Aquatic Feasibility Study July 17, 2012 Page 3 off any portion of the construction costs. The operating costs and the operating revenue should be projected for the first five years of the operation. 2. A cost estimate for construction costs, including any site modifications, i.e. parking lot expansion, or reduction of any existing facilities on the site that is necessary to accommodate the proposed plan. 3. The design must also include any variances to City Code that may be required for approval as well as any permits or approvals needed 4. The final report should also provide a recommendation on funding alternatives for the project. In addition, the firms were asked to provide the following information; A. PROFESSIONAL QUALIFICATIONS 1. State the name and address of the firm and/or individual(s)who will perform the work. Include the location of main office and how the location may affect the consultants' ability to attend meetings with City Staff and the Commission. 2. Staffing—Include the number of executive and professional personnel by qualification that will be employed in the work. Show where these personnel will be physically located at the time they are engaged in the work. Indicate which of these individuals you consider key to the successful completion of the study for the project. 3. State history of the firm, in terms of length of existence, etc. B. WORK PROGRAM Explain and describe your firm's ability to meet all of the requirements in the Work program. If your firm would need to use subcontractors briefly explain how you would proceed and how this would affect the timeline and costs. Provide a timeline for the Work Program and a suggested completion date for the Program. C. PAST INVOLVEMENT WITH PROJECTS List specific types of experience your firm has had in developing and designing similar projects. List the name of the person responsible for design and project management of each of those projects. D. REFERENCES Include contact information for at least three references. Aquatic Feasibility Study July 17, 2012 Page 4 E. FEE QUOTATION Include your firm's not to exceed fee for the tasks listed in Section II. Include all travel expenditures within this not to exceed fee. List the types of services not included in your not to exceed fee. The following four firms were selected for interviews; USAquatics ($23,000 not including reimbursable expenses and additional services fees, HGA ($43,400 includes reimbursable for expense of travel and reproductions) this price was later negotiated to $39,500, Perkins & Will ($44,000 includes reimbursable for expense of travel and reproductions), Aquatics Design Solutions, LLC) $13,500 not including reimbursable expense for renderings and printing of documents). Each firm was asked to prepare and respond to the following questions; 1. Present your understanding of the scope and goal of this project, 2. Site an example of a similar project that the team has performed in the past and 3. Review the process that will be used to manage our project. Staff/Commission Recommendation Staff and Foxjets representatives unanimously concurred that HGA was the best fit for this project based upon; Qualifications and Capabilities, Similar Experience, Presentation Ability, Understanding of Approach and Value of Services Provided. Parks and Recreation Director Jay Lotthammer talked to Minnetonka Parks and Recreation Director Dave Johnson who recently worked with HGA on a project for the Williston Fitness Center. Mr. Johnson indicated he had a very positive experience and would recommend them for the project. Staff reviewed the process with the Parks, Recreation and Natural Resources Commission following the July 2, 2012 Parks Tour. A quorum did not exist,but the consensus of the conversation was to recommending moving forward with the study and the selection of HGA. Funding The Foxjets have indicated that the club would be willing to financially participate in the study and are proposing a contribution of$10,000. The remaining funding will come from the Parks and Recreation General Fund Budget. Attachments Community Center Pool User Group Challenges Professional Services Agreement Rev. 7-17-12 Standard Agreement for Professional Services This Agreement is made on the 17th day of July, 2012, between the City of Eden Prairie, Minnesota (hereinafter"City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Hammel, Green and Abrahamson, Inc., a Minnesota company (hereinafter "Consultant") whose business address is 420 5th Street North, Suite 100, Minneapolis, MN 55401- 2338. 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 an Aquatics Feasibility Study 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" (Site Analysis, Schematic Design and Cost Estimates for Future Needs and Development of the Aquatics Area at the Eden Prairie Community Center) 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 July 17, 2012 through December 31, 2012 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 a fee not to exceed $39,500.00 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 1 Rev. 7-17-12 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. Owner's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services performed prior to receipt of written notice from the City of such suspension, all as shown on Exhibit A. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described in Section 3B, and for other items when authorized in writing by the City. D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant has designated Chris Gibbs to serve on the Project. He 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. 2 Rev. 7-17-12 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. 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- 3 Rev. 7-17-12 discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 13. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 14. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 15. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 16. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 17. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 18. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 19. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, to the extent attributable to a negligent or otherwise wrongful act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. Consultant further agrees to indemnity the City for defense costs incurred in defending any claims, unless the City is determined to be at fault. 20. Insurance. A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or death, or for 4 Rev. 7-17-12 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. 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. 5 Rev. 7-17-12 g. If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. h. "Stop gap" coverage for work in those states where Workers' Compensation insurance is provided through a state fund if Employer's liability coverage is not available. Severability of Insureds provision. D. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City. Said policy shall provide an aggregate limit of$2,000,000. Said policy shall not name the City as an insured. E. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: a. All policies, except the Professional Liability Insurance policy, shall be written on an "occurrence" form ("claims made" and "modified occurrence" forms are not acceptable); b. All policies, except the Professional Liability Insurance policy, shall be apply on a "per project" basis; c. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall contain a waiver of subrogation naming "the City of Eden Prairie"; d. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall name "the City of Eden Prairie" as an additional insured; e. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement; and f. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed, nor shall coverage limits be reduced by endorsement, without thirty (30) days prior written notice to the City. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph 20, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt 6 Rev. 7-17-12 thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or b. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 22. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement 7 Rev. 7-17-12 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: Its: 8 Rev. 7-17-12 Exhibit A REQUEST FOR PROPOSAL Site Analysis, Schematic Design and Cost Estimates for Future Needs and Development of the Aquatics Area at the Eden Prairie Community Center SECTION I — GENERAL INFORMATION A. OBJECTIVE AND INTRODUCTION The purpose of the Request for Proposal (RFP) is to obtain proposals and quotations for working with City Staff and Parks, Recreation and Natural Resources Commission members to develop a facility analysis and feasibility study for future needs and development of the Aquatics Area of the Eden Prairie Community Center. The Eden Prairie Community Center located at 16700 Valley View Road. The Community Center was remodeled in 2008 expanding and renovating the fitness center and locker rooms; addition of gymnasium, racquetball courts, meeting room facilities and a third rink, however, the area containing the pool was excluded from the remodel. The City is now considering an upgrade to the pool area of the Community Center. The current pool is an 8-lane, 25-yard lap pool with an attached diving well. As well as the requested facility analysis and feasibility study, the City is also requesting a final report that contains current site conditions, three schematic designs of potential improvements for the aquatic area, an estimated cost for the construction of the project, as well as operation and maintenance costs and estimated revenue projections for the first five years of operation. B. ISSUING OFFICE The RFP is issued by the City of Eden Prairie Parks and Recreation Department. All correspondence regarding this RFP must be addressed to the City of Eden Prairie, Parks and Recreation Department, 8080 Mitchell Road, Eden Prairie, MN 55344 (952-949-8440). C. CONTRACT ADMINSTRATOR Following signing of the Contract all communications concerning the Contract must be directed to Jay Lotthammer, Director Parks and Recreation, 8080 Mitchell Road, Eden Prairie, MN 55344. D. INCURRING COSTS The City of Eden Prairie is not liable for any costs incurred by the prospective firms prior to signing of the Contract. E. PROPOSALS To be considered, each firm must submit a complete response to this RFP, using the format provided in Section III. The proposal must be signed in ink by an official authorized to bind the submitter to its provisions. The proposal must include a statement as to the period during which the proposal remains valid. This period must be at least 60 days from the due date for this proposal. 9 Rev. 7-17-12 F. ACCEPTANCE OF THE PROPOSAL CONTENT The contents of this proposal will become contractually binding if a contract ensues. Failure of the selected consultant to comply with these obligations may result in cancellation of the award. Upon selection, the City and the consultant will enter into a written contract. The City reserves the right, at any time until a written contract is entered into, to cancel the Request for Proposal or the award. G. SELECTION CRITERIA Proposals will be reviewed by City Staff and the Parks, Recreation and Natural Resources Commission. Selection will be based on qualifications and the proposal submitted. City Staff and the Commission may also request interviews of some or all of the submitting firms. H. SEALED PROPOSAL RECEIPT Proposals must arrive on or before 4:30 p.m., June 6, 2012. Deliver or mail to: Parks and Recreation Department Attn: Jay Lotthammer 8080 Mitchell Road Eden Prairie, MN 55344 Wednesday, June 06, 2012 RFP due to City of Eden Prairie Friday, June 08, 2012 Proposals reviewed by City Staff. June 14 and 15, 2012 Interviews if needed. Monday, July 02, 2012 Staff recommendation to Parks, Recreation and Natural Resources Commission Tuesday, July 17, 2012 Recommendation to City Council Monday, November 05, 2012 Present the feasibility study to the Parks, Recreation and Natural Resources Commission Tuesday, November 20, 2012 Present feasibility study to City Council DISCLOSURE The proposal and any other information provided as part of the proposal and interview/review process is subject to disclosure under the provisions of Minnesota Statute, Chapter 13 "Minnesota Government Data Practices Act." J. RIGHT TO REJECT PROPOSALS The City of Eden Prairie reserves the right to reject any and all proposals in whole or in part and to waive any formality or technical defects in the best interests of the City. In determination of award, the qualification of the proposal submitter and the conformity with specifications of services to be supplied and delivery terms will be considered. The City of Eden Prairie further reserves the right to cancel and/or amend this Request for Proposals at any time. 10 Rev. 7-17-12 SECTION II —WORK PROGRAM The Consultant will be responsible for all of the following: A. SITE ANALYSIS/CURRENT CONDITIONS Consultant will be responsible for complete site analysis, including the following: Site evaluation, including collecting information on storm drainage, site access, potential shared parking with adjacent facilities, pedestrian access and connections and impact on adjacent facilities. B. NEEDS ANALYSIS 1. Obtain input from the following: A. Input from staff and constituents regarding priority uses and potential uses of the site. B. Input from staff regarding existing programs and future needs. 2. Document outcomes of staff and user input and prepare a summary report identifying pros and cons of each amenity. C. SCHEMATIC DESIGN 1. Concept Plans— Consultant will be responsible for developing three concept plans based on results and feedback based on site and needs analysis. 2. Review issues of maintenance relating to each of the design alternatives with appropriate City staff. 3. Prepare concept level estimates of construction costs for each of the concept plans identified above. 4. Facilitate a workshop with staff to review the concept plans and cost estimates. 5. Review the concept plans and construction cost estimates with the Parks, Recreation and Natural Resources Commission and the City Council for input and comments to be considered in developing the final plan. D. PREFERRED PLAN 1. Based on the outcome and reviews of the sites/needs analysis and review of the alternate concept plans, prepare a preferred concept plan and concept imagery and a more detailed site plan. Advanced schematic sections, elevations or renderings to illustrate proposed design features may be added to this proposal as an additional service. 2. Prepare a concept level estimate of the construction costs for the preferred plan. 3. Prepare a proposed phasing of this plan with a cost estimate of each phase. 11 Rev. 7-17-12 4. Refine the preferred plan based on the outcome of the review meeting above. Make minor refinements to the preferred plan. Deliver multiple copies of the plan and cost estimates to the City for their presentation to the Parks, Recreation and Natural Resources Commission, the Planning Commission, City Council and School Board, if necessary. E. FINAL REPORT Prepare a Final Report include the following: 1. Based on information provided by the City, an estimate of the cost to operate the facility, including the number of staff necessary to operate the facility on a daily basis, as well as other annual operating costs and determine if the facility will be able to meet its operating costs and pay off any portion of the construction costs. The operating costs and the operating revenue should be projected for the first five years of the operation. 2. A cost estimate for construction costs, including any site modifications, i.e. parking lot expansion, or reduction of any existing facilities on the site that is necessary to accommodate the proposed plan. 3. The design must also identify any variances to City Code that may be required for approval as well as any permits or approvals needed 4. The final report should also provide a recommendation on funding alternatives for the project. F. RESULTS All plans, documents, concepts etc. created as part of the consultants work for the City are property of the City. SECTION III — INFORMATION REQUIRED IN ALL PROPOSALS A. PROFESSIONAL QUALIFICATIONS 1. State the name and address of the firm and/or individual(s) who will perform the work. Include the location of main office and how the location may affect the consultants' ability to attend meetings with City Staff and the Commission. 2. Staffing — Include the number of executive and professional personnel by qualification that will be employed in the work. Show where these personnel will be physically located at the time they are engaged in the work. Indicate which of these individuals you consider key to the successful completion of the study for the project. 3. State history of the firm, in terms of length of existence, etc. B. WORK PROGRAM 12 Rev. 7-17-12 Explain and describe your firm's ability to meet all of the requirements in the Work program. If your firm would need to use subcontractors briefly explain how you would proceed and how this would affect the timeline and costs. Provide a timeline for the Work Program and a suggested completion date for the Program. C. PAST INVOLVEMENT WITH PROJECTS List specific types of experience your firm has had in developing and designing similar projects. List the name of the person responsible for design and project management of each of those projects. D. REFERENCES Include contact information for at least three references. E. FEE QUOTATION Include your firm's not to exceed fee for the tasks listed in Section II. Include all travel expenditures within this not to exceed fee. List the types of services not included in your not to exceed fee. F. AUTHORIZED NEGOTIATOR Include the name and phone number of the individual in the organization authorized to negotiate the proposed contract with the City of Eden Prairie. G. ADDITIONAL INFORMATION AND COMMENTS Include any other information that you believe to be pertinent and not specifically asked for in this RFP. 13 Community Center Pool User Group Challenges USER GROUP + CHALLENGES Community Center Members • Limited time allotted for member use. • Play Area designed for younger populations is not available. • Inadequate family locker room space. Lap Swim Participants • Limited time allotted during prime time hours (3 pm—10 pm)for lap swimming. • Limited lanes available for lap swimmers during prime time morning hours. • Water temperature is too warm at 84°; lap swimmers prefer 77°-80°. Open Swim Participants • No shallow water or play area available to participants. • Limited hours available for open swim due to user group rentals. • Lack of attractions and play features. • Lack of ease of entry for young participants. Learn To Swim Program • Water is too cold. • Inadequate family locker room space. • Shallow water limitations for instruction. • Lack of pool availability to offer afternoon and evening Learn to Swim Programs. Water Fitness Program • Lack of Ease of Entry • Water is too cold for older populations and for Therapeutic Fitness programs. Foxjets Swim Club • Desires additional lanes/pool time to accommodate their growth. • Do not have a long course (50 meter) pool space available to accommodate senior swimmers during the summer months. • Pool temperature is too warm; Competitive swimmers prefer water at 77°. • Inadequate wet locker room space. • Lack of dry land training area for strength training drills and stretching. • Current pool depth does not comply to diving off starting blocks. Eden Prairie High School Boys and • Requires additional lanes/pool time to accommodate their growth. Girls Swim Teams • Pool temperature too warm; Competitive swimmers prefer water at 77°. • Inadequate wet locker room space. • Lack of dry land training area for strength training drills and stretching. • Current pool depth does not comply to diving off starting blocks. • No Home meets may be held at the Community Center for the swimming portion due to shallow water depth; divers compete at EPCC and swimmers compete at Oak Point resulting in the team being split. Special Olympics • Lack of pool availability to accommodate local chapter. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 17, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.G. Stuart Fox, Parks and Natural Award Bid for the Round Lake Park Skate Resources Manager, Parks and Park Recreation Motion Move to: Award the bid for the construction of Round Lake Park Skate Park to Custom Builders, Inc in the amount of$233,830. Synopsis Plans and specifications were prepared for this park reconstruction project and the bid opening was held on July 10, 2012. There were a total of 2 bidders. The bids were a lump sum base bid amount. The bid summary is as follows: Bidder Bid Amount Custom Builders, Inc. $233,830 W Gorman Construction Co. $252,500 The consultant for the project is ASD and Stantec and their recommendation is to award the bid to the lowest bidder, Custom Builders, Inc. and staff concurs with their recommendation. The consultants estimate for this project was $239,810. The Skate Park construction should begin in early August with a completion date of October 15, 2012. Background In 2010, the Parks and Recreation staff began a brainstorming process involving the youth of the community interested in replacing the aging skate park pad and equipment. That process involved three meetings spread over several months. It became apparent that the reconstruction of the existing skate park would need the assistance of a professional skate park design team. It was determined that funding for a significant concrete skate plaza was available by using a combination of 2005 Park Bond Referendum funds and designated CIP dollar. Action Sports Design (ASD) a firm in Carlsbad, CA. that specializes in concrete skate plazas was hired. ASD used an interactive media format on their website to solicit and gather feedback on three draft skate plaza designs. They incorporated the community feedback into the final design of multiple ramps, stairs, ledges and overall flow of the skate plaza area. (Note: ASD was acquired by Stantec Planning and Landscaping Architecture P.C. in Boston, MA in April. However, they have retained the same skate park design team throughout the entire design/specifications process.) Award Bid Round Lake Skate Park July 17, 2012 Page 2 Recommendation The $233,830 funding for this project is available from: • Capital Improvement and Reinvestment Fund(CIRF) $115,000 • 2005 Park Referendum $118,830 The CIRF funds represent Round Lake Skate Park redevelopment funding from planning and development funding scheduled for 2009 and 2011. The 2005 Park Referendum balance is currently $199,000. Staff is proposing that $118,830 be used to complete the funding for this project. Attachments Bid Summary Sheet Skate Plaza Concept Drawing BID OPENING FOR Round Lake Park—Skate Park 10:00 A.M.,Tuesday,July 10,2012 5% QUALIFICATION FIRM NAME BID STATEMENT TOTAL BID AMOUNT BOND American Liberty Construction California Skateparks Custom Builders Inc. ✓ ✓ ` 253) 8?gyp iSqFt Grindline Skateparks Inc. W Gorman Construction Co ✓ ✓ • 2,52. S 00 Round Lake Park Skate Plaza Concept Design Drawings -_ 40. Ilit lit et • 41 il _, _ ..... y'. iiiiii •,_.,4L.-..,:-34- r, Aerial View—from west Sy :C �4 , M1}„ r t?r - —. --. —- -- max .. Ground View—from south west corner CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 17,2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C.06-5671 ITEM NO.: VIII.H. Mary Krause Approve Plans& Specifications and Order Public Works/Engineering Advertisement for Bids for Joseph Curve Area Draintile Project Requested Action Move to: Approve plans and specifications and order advertisement for bids for I.C. 06-5671, Joseph Curve Area Draintile Project Synopsis The Engineering Division has prepared plans and specifications for the installation of a draintile project within the Joseph Curve area. This project consists of the installation of a draintile system within the street and is a result of a combination of the I & I (Inflow& Infiltration)project as well as ongoing drainage issues in this neighborhood. A similar project was constructed last fall in the Debbie Lane and Ellie Lane area. Construction is anticipated to begin in September 2012 with completion by November 2012, depending on weather conditions. The estimated project cost is $300,000. The costs will be paid out of the Utility Wastewater Fund, Stormwater Utility Fund and Pavement Management Fund. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 17, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 10-5780 ITEM NO.: VIII.I. Mary Krause Approve Change Order for the Prairie Public Works /Engineering Center Drive Watermain Project. Requested Action Move to: Approve Change Order No. 1, for the Prairie Center Drive Watermain Project . Synopsis The City Council awarded a construction contract to Parrott Contracting, Inc on May 1, 2012 for the Prairie Center Drive Watermain Project in the amount of$221,941.50. Once the project was awarded, the contractor proposed to directional drill a portion of watermain installation rather than open cut. This change resulted in a net reduction to the contract in the amount of$13,110.76. Background Information A portion of this project includes the replacement of a section of watermain adjacent to Prairie Center Drive. The construction methods proposed in the plans included open cutting the boulevard area for the installation of the new watermain. The contractors' proposal to directional drill this section of watermain was able to eliminate the restoration of this area, including curb and gutter removal and replacement, street repair, tree replacement and turf replacement. The result of this change reduced the disruption of the construction area and impacts to the public as well as a reduction to the contract price. Financial Implications The Change Order for the project is attached,which results in a reduction of$13,110.76 to the contract. The original contract amount of$221,941.50, minus the Change Order, results in a total project cost of$208,830.74. The project expenses are being paid from the Utility Water Fund. Attachment Parrott Contracting, Inc. Change Order CHANGE ORDER #1 Date: 6/25/2012 To: City of Eden Prairie City Project No.: I.C. 10-5780 Project Name: Prairie Center Drive Watermain Contractor: Parrott Contracting, Inc. Engineer: Hansen Thorp Pellinen Olson Inc. Nature of Changes: 1. Directional drilled watermain at Preserve Boulevard intersection instead of open cut,to reduce restoration. Adjustments to Contract Price (see Table 1): 1. Additional including labor and materials $ 30,600.00 2. Cost deduct from original contract $ -43,710.76 Summary of Contract Changes: Contract Amount prior to Change Order#1 $ 221,941.50 Net Decrease resulting from Change Order#1 $ -13,110.76 Current Contract Amount including Change Order#1: $ 208,830.74 THE ABOVE CHANGES ARE APPROVED: Hansen Thorp Pellinen Olson, Inc. City of Eden Prairie By L� � '-c ..� By Date -.77 Za'/ Date THE ABOVE CHANGES ARE ACCEPTED: Parrott Contractin , Inc. Da 6' • 1 /�' Change Order#1-Table 1 Date:6/25/2012 Name: Parrott Contracting,Inc. Name: Prairie Center Drive Watermain Address: 30090 State Highway 93 Owner: City of Eden Prairie Henderson,MN 56044 Contract: I.C.#10-5780 Phone: 507-248-9697 Period: Start through 6/15/2012 Project Engineer: HTPO Preserve Boulevard Intersection Original item Contract Unit Quantity # item Description Unit Qty Price Adjustment Adjustment 1 Mobilization Lump Sum 1 $4,000.00 2 Traffic Control Lump Sum 1 $1,000.00 3 Tree Removal Each 5 $250.00 -5 -$1,250.00 4 7'B&B Black Hills Spruce-Picea Glauca Densata Each 3 $450.00 -3 -$1,350.00 5 2.5"B&B Emerald Lustre Maple-Acer Platanoldes"Pond" Each 2 $450.00 -2 -$900.00 6 Concrete Walk Removal Sq.Yd. 170 $4.00 -72 -$288.00 7 Curb and Gutter Removal Lin.Ft. 30 $3.50 -30 -$105.00 8 Remove Watermain and Related Appurtenances Lin.Ft. 270 $5.00 -230 -$1,150.00 9 6"DIP Class 52 Lin.Ft. 7 $50.00 10 10"DIP CL 52 Flex-Ring Joint Pipe Lin.Ft. 270 $66.00 -260 -$17,160.00 11 Hydrant with 6"Gate Valve Each 1 $5,100.00 12 10"Gate Valve Each 2 $1,950.00 13 MJ Fittings LB 210 $5.00 14 Pipe Bedding-Binder Stone Ton 335 $24.00 -297.74 -$7,145.76 15 Topsoil Borrow(LV) Cu.Yd. 50 $20.00 -38 -$760.00 16 Sod&Topsoil Sq.Yd. 780 $5.10 -780 -$3,978.00 17 Silt Fence Lin.Ft. 110 $3.25 18 Curb Inlet Protection Each 1 $150.00 19 Construction Fence Lin.Ft. 250 $6.00 -247 -$1,482.00 20 Street Sweeping Hour 3 $130.00 21 Wear Course(SPWEA240B)2" Ton 4 $225.00 -4 -$900.00 22 Nonwear Course(SPNWB230B)4" Ton 8 $225.00 -8 -$1,800.00 23 Bituminous Tack Coat Gal 2 $10.00 -2 -$20.00 24 Concrete Walk Sq.Yd. 170 $51.00 -72 -$3,672.00 25 Select Granular Borrow Ton 70 $10.00 26 CL 5 Aggregate Base(100%crushed quarry rock) Ton 20 $20.00 -20 -$400.00 27 irrigation System Repair Each 1 $350.00 28 B624 Curb and Gutter Lin.Ft. 30 $45.00 -30 -$1,350.00 29 Tie existing valve to FH tee,replace bolts in valve,remove Each 1 $1,550.00 valve box,and wrap valve&rods in poly 30 12"IPS DR II HDPE Horizontally Directionally Drilled Lin.Ft. $90.00 340 $30,600.00 -S13,110.76 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 17,2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC 11-5798 ITEM NO.: VIII.J. Leslie A. Stowing Approve Plans& Specifications and Order Public Works/Environmental Advertisement for Bids for expansion of 2 Ponds in the Staring Lake Watershed; and Approve an Amendment to the Professional Services Agreement Requested Action Move to: Approve plans and specifications and order advertisement for bids for I.C. 11-5798, Staring Lake Watershed Pond Expansion Project and approve an Amendment to the Professional Services Agreement with Wenck Associates in the amount of$3,000. Synopsis With the assistance of Wenck Associates, Inc.,the Engineering Division has prepared plans and specifications for expansion of two ponding areas within the watershed leading to Staring Lake. Wenck has also requested additional funds for the project due to unanticipated conditions encountered during analysis of the soils within the ponding areas. Wenck will map out areas with contaminated and non- contaminated soils to reduce disposal costs. Council approval will allow the projects to be advertised for bid and will authorize an increase of$3,000 to Wenck's professional services agreement. Background Information The two ponds are located within the area draining to Staring Lake. Addition of the ponding areas is part of the City's overall effort to improve the water quality of the lake. The expansion will also satisfy the requirement in our Schedule of Compliance with the MPCA regarding replacement of the treatment capacity lost due to encroachment of the Minnesota River into a floodplain stormwater pond. Conditions were identified during the laboratory analysis that indicated that some of the soils were contaminated with heavy metals and poly-aromatic hydrocarbons (PAHs). Additional analysis will be conducted to map out the areas that will require special treatment,thus minimizing the additional costs associated with their disposal. Project Schedule Construction is anticipated to begin in September 2012 with completion by December 2012,depending on weather conditions. Financial Implications The anticipated construction cost is$66,500. The costs will be paid out of the stormwater utility fund. The contract amendment totals $3,000 and will be added to the engineering costs for the overall project. Attachment Wenck Proposal Wenck Associates,Inc. r _ 1800 Pioneer Creek Ctr. \'Ve fl C 1< P.O.Box 249 Maple Plain,MN 55359-0249 (763)479-4200 Fax(763)479-4242 E-mail:wenckmp@wenck.com July 5, 2012 Ms. Leslie Stovring City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344-4485 Re: Scope Addition for Phase I Pond Expansions(Eden Prairie Project 11-5798) Dear Ms. Stovring: Thank you for selecting Wenck to develop plans and specifications for the Phase I pond expansions at Boulder Pointe and Mitchell Village. Based on our work to date in developing the plans and specs, Wenck identified an out of scope task based on the results of sediment testing for each of the ponds. Since both of the ponds exhibited high contaminants (metals at Mitchell Village and PAHs at Boulder Pointe), Wenck recommends splitting the pond excavation and expansion into separate tasks to minimize disposal costs. Based on this assessment,Wenck proposes adding the following task to the scope of work: Task 8. Develop quantities for soil disposal based on excavation of pond sediment versus upland soil. The purpose of this task is to develop separate quantities for pond sediment that must be disposed of at a landfill due to contamination versus soil removed for pond expansion. This task requires field surveys of the pond area and calculation of the new quantities based on survey data and design specs. The additional cost to complete this task is$3,000. Thank you again for selecting us and for considering our request. If you have any questions about our revised scope of work and budget, please contact me at 763-479-4229. Sincerely, WENCK ASSOCIATES, INC. Joe Bischoff Principal CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 17, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 11-5799 ITEM NO.: VIII.K. Randy Newton Adopt Resolution Authorizing Execution of Limited Use Permit for Public Works /Engineering Trail Purposes with MnDOT. Requested Action Move to: Adopt Resolution Authorizing Execution of Limited Use Permit for Trail Purposes with MnDOT. Synopsis The multi-use trails which are being constructed along Shady Oak Road as part of the northern segment of the Shady Oak Road Improvements require a Limited Use Permit with MnDOT. The permit allows the City to construct, maintain, and operate the portion of the trails which will be located within MnDOT right-of-way. Background Information As part of the northern segment of the Shady Oak Road Improvements, the City plans to construct trails along both sides of Shady Oak Road. Portions of both trails are within MnDOT's Trunk Highway 62 right-of-way and require a Limited Use Permit with MnDOT. Since the Trunk Highway 62 right-of-way is also partially within the City of Minnetonka, they are required to be a joint permittee with Eden Prairie. With this permit the City of Eden Prairie will be responsible for all costs associated with maintaining the trails within the city limits. Attachments • Resolution • Draft Limited Use Permit CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012- RESOLUTION AUTHORIZING EXECUTION OF LIMITED USE PERMIT FOR TRAIL PURPOSES WITH MNDOT NORTHERN SEGMENT OF THE SHADY OAK ROAD (CSAH 61) IMPROVEMENTS I.C. 11-5799 WHEREAS, the City of Eden Prairie is preparing construction plans for the construction of Shady Oak Road (CSAH 61) from approximately 800 feet north of Rowland Road to north of Red Circle Drive; and WHEREAS, the construction plans include multi-use trails along both sides of Shady Oak Road, portions of which are in the Trunk Highway 62 right-of-way; and WHEREAS, the State of Minnesota, Department of Transportation requires a Limited Use Permit for the construction, maintenance, and operation of the trails within the Trunk Highway 62 right-of- way. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that the City of Eden Prairie enter into a Limited Use Permit with the State of Minnesota, Department of Transportation to construct, maintain, and operate recreational trails within the right-of-way of Trunk Highway 62. BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to execute the Limited Use Permit and any amendments to the Permit. ADOPTED by the Eden Prairie City Council on July 17, 2012. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION LIMITED USE PERMIT C.S. 2773 (T.H. 62) County of Hennepin LUP # 2773-0139 Permittee: City of Eden Prairie Permittee: City of Minnetonka Terminates: 06/20/2022 In accordance with Minnesota Statutes Section 161.434, the State of Minnesota, through its Commissioner of Transportation, MnDOT, hereby grants a Limited Use Permit to City of Eden Prairie, and the City of Minnetonka, Permittee's, to use the area within the right of way of Trunk Highway No. 62 as shown in red on Exhibit "A", (the Area) attached hereto and incorporated herein by reference. This permit is executed by the Permittee's pursuant to resolution, a certified copy of which is attached hereto and incorporated herein and Construction Cooperative Agreement No. PW 54-49-11 for County Project No. 1123. Non-Motorized Recreational Trail The Permittee's use of the Area is limited to only the constructing, maintaining and operating a nonmotorized recreational trail (the Facility) and the use thereof may be further limited by 23 C.F.R. 652 also published as the Federal-Aid Policy Guide. In addition, the following special provisions shall apply: SPECIAL PROVISIONS 1. TERM. This permit will terminate at 11:59PM on 06/20/2022. This permit will not be renewed. This permit is also subject to cancellation and termination by the Minnesota Department of Transportation, with or without cause, by giving the Permittee's 90 days written notice of such intent. Prior to termination, or within 90 days of the cancellation notice, the Facility shall be removed by the Permittee's. The Permittee's are required to return and restore the area to a condition satisfactory to the Minnesota Department of Transportation District Engineer. The removal of the Facility and the return and restoration of the Area shall be at no cost to the Minnesota Department of Transportation and at the sole expense of the Permittee's. If Permittee's desire to continue its use of the Area, the Permittee's must reapply to the Minnesota Department of Transportation, at least 90 days prior to termination, for a new limited use permit. LUP—Standardized LUP Form Page 1 of 5 LU1001 7/10/2012 After termination, any continued occupancy or use, under this permit, of the Area is not authorized. However, if such continued occupancy or use occurs, all provisions of this permit related to Permittee's's liability or responsibility remain in effect. Permittee's will pay MnDOT all costs and expenses, including attorney's fees, in any successful action brought by State of Minnesota to remove the facility and stop the continued occupancy or use. 2. CONSTRUCTION. The construction, maintenance, and supervision of the Facility shall be at no cost or expense to MnDOT. Before construction of any kind, the plans for such construction shall be approved in writing by the Minnesota Department of Transportation, through the District Engineer. Approval from Minnesota Department of Transportation District Engineer shall be required for any changes from the approved plan. The Permittee's shall construct the Facility at the location shown in the attached Exhibit "A" subject to verification by the Minnesota Department of Transportation District Engineer that the construction geometrics and procedures result in a Facility that is compatible with the safe and efficient operation of the highway. Upon completion of the construction of the Facility, the Permittee's shall restore all disturbed slopes and ditches in such manner that drainage, erosion control and aesthetics are perpetuated. The Permittee's shall preserve and protect all utilities located on the lands covered by this permit at no expense to MnDOT and it shall be the responsibility of the Permittee's to call the Gopher State One Call System at 1-800-252-1166 at least 48 hours prior to performing any excavation. Any crossings of the Facility over the trunk highway shall be perpendicular to the centerline of the highway and shall provide and ensure reasonable and adequate stopping sight distance. 3. MAINTENANCE. Any and all maintenance of the Facility shall be provided by the Permittee's at its sole cost and expense, including, but not limited to, plowing and removal of snow and installation and removal of regulatory signs. No signs shall be placed on any MnDOT or other governmental agency sign post within the Area. MnDOT will not mark obstacles for users on trunk highway right of way. 4. USE. Other than as identified and approved by MnDOT, no permanent structures or no advertising devices in any manner, form or size shall be allowed on the Area. No commercial activities shall be allowed to operate upon the Area. Any use permitted by this permit shall remain subordinate to the right of the Minnesota Department of Transportation to use the property for highway and transportation purposes. This permit does not grant any interest whatsoever in land, nor does it establish a permanent park, LUP—Standardized LUP Form Page 2 of 5 LU1001 7/10/2012 recreation area or wildlife or waterfowl refuge Facility that would become subject to Section 4 (f) of the Federal-Aid Highway Act of 1968, nor does this permit establish a Bikeway or Pedestrian way which would require replacement pursuant to Minnesota Statutes Section 160.264. No rights to relocation benefits are established by this permit. This permit is non-exclusive and is granted subject to the rights of others, including, but not limited to public utilities which may occupy the Area. 5. APPLICABLE LAWS. This permit does not release the Permittee's from any liability or obligation imposed by federal law, Minnesota Statutes, local ordinances, or other agency regulations relating thereto and any necessary permits relating thereto shall be applied for and obtained by the Permittee's. 6. CIVIL RIGHTS. The Permittee's, for itself, its successors, and assigns, agrees to abide by the provisions of Title VI Appendix C of the Civil Rights Act of 1964, which provides in part that no person in the United States, shall on the grounds of race, color, or national origin, be excluded from, or denied use of any Facility. 7. SAFETY. MnDOT shall retain the right to limit and/or restrict any activity, including the parking of vehicles and assemblage of Facility users, on the highway right of way over which this permit is granted, so as to maintain the safety of both the motoring public and Facility users. 8. ASSIGNMENT. No assignment of this permit is allowed. 9. IN WRITING. Except for those which are set forth in this permit, no representations, warranties, or agreements have been made by MnDOT or Permittee's to one another with respect to this permit. 10. ENVIRONMENTAL. The Permittee's shall not dispose of any materials regulated by any governmental or regulatory agency onto the ground, or into any body of water, or into any container on the State's right of way. In the event of spillage of regulated materials, the Permittee's shall provide for cleanup of the spilled material and of materials contaminated by the spillage in accordance with all applicable federal, state and local laws and regulations, at the sole expense of the Permittee's. 11. MECHANIC'S LIENS. The Permittee's (for itself, its contractors, subcontractors, its materialmen, and all other persons acting for, through or under it or any of them), covenants that no laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever shall be filed or maintained by it or by any subcontractor, materialmen or other person or persons acting for, through or under it or any of them against the work and/or against said lands, for or on account of any work done or materials furnished by it or any of them under any agreement or any amendment or supplement thereto. LUP—Standardized LUP Form Page 3 of 5 LU1001 7/10/2012 12 NOTICES. All notices which may be given, by either party to the other, will be deemed to have been fully given when served personally on MnDOT or Permittee's or when made in writing addressed as follows: to Permittee's at: Mayor Mayor Eden Prairie City Hall City of Minnetonka 8080 Mitchell Rd 14600 Minnetonka Boulevard Eden Prairie, MN 55343 Minnetonka, MN 55345 and to MnDOT at: State of Minnesota Department of Transportation Metro District Right of Way 1500 W. County Road B2 Roseville, MN 55113 The address to which notices are mailed may be changed by written notice given by either party to the other. 13 INDEMNITY. Permittee's shall defend, indemnify, hold harmless and release the State of Minnesota, its Commissioner of Transportation and employees and its successors and assigns, from and against: (a) all claims, demands, and causes of action for injury to or death of persons or loss of or damage to property (including Permittee's property) occurring on the Facility or connected with Permittee's use and occupancy of the Area, regardless of whether such injury, death, loss or damage is caused in part by the negligence of State of Minnesota or is deemed to be the responsibility of State of Minnesota because of its failure to supervise, inspect or control the operations of Permittee's or otherwise discover or prevent actions or operations of Permittee's giving rise to liability to any person. (b) claims arising or resulting from the temporary or permanent termination of Facility user rights on any portion of highway right of way over which this permit is granted; (c) claims resulting from temporary or permanent changes in drainage patterns resulting in flood damages; (d) any laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever filed or maintained for or on account of any work done or materials furnished; and (e) any damages, testing costs and clean-up costs arising from spillage of regulated materials attributable to the construction, maintenance or operation of the Facility. LUP—Standardized LUP Form Page 4 of 5 LU1001 7/10/2012 MINNESOTA DEPARTMENT CITY OF EDEN PRAIRIE OF TRANSPORTATION By RECOMMENDED FOR APPROVAL Its _Mayor By: District Engineer And Date Its CITY OF MINNETONKA By Its _Mayor And APPROVED BY: Its COMMISSIONER OF TRANSPORTATION By: Director, Office of Land Management Date The Commissioner of Transportation by the execution of this permit certifies that this permit is necessary in the public interest and that the use intended is for public purposes. LUP—Standardized LUP Form Page 5 of 5 LU1001 7/10/2012 DIRECTION OF TRAFFIC L •., / / • RETAINING WALL S.W. RAMP / / a j 4' / •x� DELINEATED WETLAND T.H. 62 p /-- �= - `` /�- / /� // -�\�� STREET RADII 105 FOR GENERAL NOTES. / / /�jj x Q �� �Q, RADIUS ALIGNMENT STATION LOCATION DESCRIPTION / / /Z7� ¢ o ti2.- � 5.0' N.W.RAMP T.H.62 700+21.38 17.0'(LT) ROADWAY /� a 2 �� \ \\ I 35.0' N.W.RAMP T.H.62 700+62.45 61.0'(RT) ROADWAY • 50.0' N.B.SHADY OAK ROAD 362+65.28 76.0'(RT) ROADWAY / / / //// / --.. z Z V4' \ MATCHLINE STA. 703+00.00 5.0' N.B.SHADY OAK ROAD 361+73.13 19.O'(RT) ROADWAY • }lI / / / / \\ W �. \\\\ SEE SHEET N0. 109 I 50.0' N.B.SHADY OAK ROAD 361+38.64 88.O'(RT) MEDIAN -� 0 / // /ice/ \ i o \ \ 1 I 50.0' S.B.SHADY OAK ROAD 461+37.24 76.0'(LT) MEDIAN '---_- / / O/ // ; p = \� \\ I - 1_ II I I Ill ' 50.0' N.B.SHADY OAK ROAD 365+09.77 76.0'(RT) ROADWAY -----________________\ / / �ry j� `` T.H. 62 "1=1. \\ \ I 4 II II III 1 N.W. RAMP Ex. R/W T.H. 62 IIIr IIIllI �° I �I il/ II II I I a of i `��' / 1250 11 f J J I 0 50 f00 EX. D/U / / I LOOP: \\ I it E.B. 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WEST 62ND \ lol T_ .H. 62 mi I I i ff I W N.B. SHADY OAK ROAD STREET r S-p. ..0.1c) loa �� I co r��1 I • <nx I I RETAINING WALL 8 ' ' ' I YI tN - 7'' -I IN T.E, rINE SHEE \ vi = I / a ' l II� ' I o=J� �I06SEE ) ; NI " II I I I 1 N I A.12+25.00 ) N0,106 ' ' �_�� I f 117 MATCHLINE STA. 121 �/ SEE SHEET N0.1( I I41t '' / 1_' ' iti UIE DESIGN 60-9322 r,Ir, I ` _ , IATE 9322) Ii ' ' _ �- rl w II VEWAY PAVEMENT { I I ' I /� 9 II R DESIGN B8338ABSORBING 750 I I ' EX. R/W �_ / �• I� if I 7- ENERGY ABSORBING TERMINAL Q I I I -- II ��o o== E DESIGN 60V-9322 V I - I I I " N.E. RAMPC� 1 ATE 9322) ti 11 ( T.H. 62 I o- 4TE AID PROJECT NO. DRAWN BY - - I ' ' / II \ /� \ I -020-028 J.VAN BECK CITY OF EDEN PRAIRIE I --� - \_^` _ 7-661-049 E NGINEERS I I I I ' ` 1 I �-�� 4TE PROJECT N0. DESIGNED BY II ' - \\ \/ I 73-11 A.JORDAN PLANNERS CONSTRUCTION PLANS (- + JL JNTY PROJECT NO. CHECKED BY ❑ E S 1 G N E R S C.S.A.H. 61 (SHADY OAK ROAD) I I I / '�� ' I \ I 3 Z.KARTAK Consulting Group,Inc. I I II //// / t\ �/ 0 490,750 Y PROJECT N0. I1-579 COMM. N0. 0117566 N.B.SHADY OAK ROAD STA.3qq+00.00 TO STA.358+75,0C I r I II NI ' l \ // \ ti� II�_- I � I I W.B. T.H. 62 //�/ \ ro �� J I I I I II I I I r �� i ly 1 ,�� '%� / / �i • I hereby certify that this plan;specification,or-report STATE AID PROJECT NO. DRAWN BY was prepared by me or under my direct supervision and 181-020-028 J.VAN BECK that I am a duly Licensed Professional Engineer under 027-661-049 the laws of the State of Minnesota. DESIGNED BY • STATE PROJECT ND. Print Name: ZACHARY J. KARTAK 2773-11 A.JORDAN COUNTY PROJECT NO. CHECKED BY BY CKD APPR REVISION 1123 Z.KARTAK I\Plan\7566_cp03.dun - Date Ll cense = 46612 COOSUIti CITY PROJECT NO. 11-579 COMM. NO. 0117566 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda July 17, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.L. Rick Wahlen Award Contract with Wall Trends, Inc., Public Works/Utilitiesfor Recoating of Lime Silos and Structural I Beam Supports at the Water Treatment Plant Requested Action Move to: Award contract from Wall Trends, Inc. for the preparation and recoating of the lime silos and structural I Beam supports at the water treatment plant in the amount of$24,332.20. Synopsis Quotes were obtained from 3 competent commercial/industrial painting companies to prepare and recoat the lime storage silos and structural I Beam supports at the water treatment plant. The silos and I Beam supports are showing significant amounts of rust from the corrosive environment created by lime dust. Three proposals were received: Wall Trends, Inc. $24,332.20 Swanson&Youngdale $25,845.00 Farnell Painting $34,000.00 Staff recommends acceptance of the least-cost proposal. Background Information The lime silos and their support structures are showing significant amounts of surface rusting. The silos and structures were last painted in 1997. The recoating of the silos and structures will prevent any further rusting or damage, and will uphold the integrity of the metal. There has been some spot painting done over the years, but the rust spots continue to grow and new ones continue to pop up. A complete repainting is required at this time. Funds for this project will come from the utility operations maintenance budget. Attachment Proposal from Wall Trends, Inc. 1 ALL 1 TR[ NDS INC PROPOSAL THE EXPERTS IN WALLCOVERING & PAINTING June 1, 2012 Proposal Submitted To : City of Eden Prairie 14100 Technology Drive Eden Prairie, MN 55344 ATTN: Joe Dusek Work To Be Performed At: Water Treatment Facility Silos and Structural Steel Supports We Hereby Propose To: Supply the necessary labor and materials included in completing the following work: Complete the scope work as listed on the attached pages that were supplied to us from the Manufacturer of the products we will be using for this project. All products will be applied in a professional manner. Our bid consists of the following 2 components: Structural I-Beam Supports and Aluminum Colored: This line item includes all grey I-Beam steel support pieces around the silos and the aluminum colored pipes out to the first coupling outside the silo area $10, 657 .55 Silos: This, line item includes the work as specified on the Silos in this area $13, 674 . 65 0,t tY SSRj,1 tic Twna CrEs AREA AMUNOMMig fovCE 190 6712 Harlan Drive Eden Prairie, MN 55346 Phone 952 949.4918 Fax 952 949.1048 Web www.walitrendsinc.com 2 All work performed in accordance with the drawings and specifications submitted for above job and completed in a workmanlike manner for the sum of $ See Prices Above. Payments to be made as follows: Terms to be negotiated. Respectf � �itted: Per: . Brrtt McMahon, President Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and will become an extra charge over and above the estimate. Contractor may at its option and without liability to the client, discontinue working on this project if payment set forth above is not made. (a) Any person or company supplying labor or materials for this improvement to your property may file a lien against your property if that person or company is not paid for the contributions. (b) Under Minnesota law, you must have the right to pay persons who supplied labor or materials for this improvement directly and deduct this amount from our contract price, or withhold the amounts due from us until 120 days after completion of the improvement unless we give you a lien waiver signed by persons who supplied any labor or material for the improvement and who gave you timely notice. ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Signature: Date: Signature: Date: CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 17, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: #11-5799 ITEM NO.: VIII.M. Randy Newton Approve Plan and Specifications and Order Advertisement for Bids for the Public Works /Engineering northern segment of the Shady Oak Road Improvements Requested Action Move to: Adopt resolution approving plan and specifications and ordering advertisement for bids for the northern segment of the Shady Oak Road Improvements, I.C. 11- 5799. Synopsis With the assistance of SRF Consulting Group, Inc. the Engineering Division has prepared plans and specifications for the northern segment of the Shady Oak Road Improvements. Construction of the project is scheduled to begin in October of this year and will extend through the 2013 construction season. Plans for the project include the construction of a roundabout on City West Parkway which will be included as add alternate in the bid of the project. Background Information The northern segment of the Shady Road Improvements will provide additional capacity along Shady Oak Road and includes the widening and reconstruction of Shady Oak Road from approximately 800 feet north of Rowland Road to north of Red Circle Drive. The proposed project will add turn lanes, trails and a median along Shady Oak Road. In addition, new traffic signals will be provided at the City West Parkway (Old Shady Oak Road), Highway 62 South Ramp (West 62nd Street) and the Highway 62 North Ramp intersections. The plans also include improvements along the north end of City West Parkway, including the construction of a roundabout at the south UnitedHealth Group (UHG) access. This improvement is required with Phase 2 of the UHG Development, however, depending on bid prices, UHG and City staff have agreed that it would be beneficial to construct the improvements concurrent with the Shady Oak Road construction. As a result, these improvements will be included as an add alternate in the bid of the project. Financial Implications The construction cost estimate for the Shady Pak Road Improvements is $6.8 million and for the City West Parkway roundabout is $900,000. As defined in the UHG Developer's Agreement UHG is responsible for these cost with the exception of the multi-use trail along the east side of Shady Oak Road and the southbound right turn lane at Shady Oak Road / City West Parkway intersection which Hennepin County and the City of Eden Prairie will be jointly responsible for. Per the previously approved Construction Cooperative Agreement Hennepin County will provide a maximum contribution of$300,000 towards the cost of the multi-use trail. The City of Eden Prairie share is approximately $400,000 which will be funded by Municipal State Aid. Attachments • Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012- RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE NORTHERN SEGMENT OF THE SHADY OAK ROAD (CSAH 61) IMPROVEMENTS I.C. 11-5799 WHEREAS, the City Engineer, with the assistance of SRF Consulting Group, Inc., has prepared plans and specifications for the following improvements to wit: I.C. 11-5799—Northern Segment of the Shady Oak Road(CSAH 61) Improvements and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: 1) That said plans and specifications, a copy of which is on file for public inspection in the City Engineer's Office, are hereby approved. 2) That the City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state the date and time that the bids will be publicly opened and the City Council meeting at which they will be considered. No bids will be considered unless sealed and filed with the Engineering Division and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City of Eden Prairie for 5% (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on July 17, 2012. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda July 17, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.N. Rick Wahlen Approve Purchase of a New Control Public Works/Utilities Panel for Well No. 8 Requested Action Move to: Approve the purchase of a new control panel for Well No. 8 from Integrated Process Solutions in the amount of$21,975. Synopsis The City of Eden Prairie Utilities Division obtained proposals from three competent area instrumentation engineering companies for the replacement of the damaged controls at Well No. 8 when the building flooded recently. Integrated Process Solutions (IPS) offered the least-cost proposal in response to the city's Request for Proposals (RFP). The equipment provided by IPS adheres to our RFP requirements. Staff recommends the approval of this purchase in the amount of$21,975 to be paid from the water utility construction fund. Background Information Municipal Well No. 8 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 exact cause of this problem is being investigated through the League of Minnesota Cities as a result of our insurance claim. All electrical components, including the well motor itself, switch-gear, telemetry, and controls were flooded with dirty water and rendered useless. The motor was shop-cleaned, serviced, and restored to like-new condition, however the electronic components in the other equipment cannot be re-used when immersed in water. Attachments • Recommendation Letter • Proposal Summary • Proposal from IPS Isti: ,a,... R -.. - ,. . : www.aeas.com , IF June 13, 2012 Mr. Rick Wahlen -City-Of-Eden Prairie 14100 Technology Drive Eden Prairie, MN 55344-2230 Re: Review of Proposals Well No. 8 Control Panel Replacement: #12701 Eden Prairie, MN Dear Rick: Proposals were received for furnishing a new well house control panel at Well No. 8. A total of three (3) proposals were received. A tabulation of the proposals is attached. E The low bidder was Integrated Process Solutions (IPS) in the amount of$21,975. We have reviewed the IPS proposal for adherence to the Request for Proposal (RFP) requirements and find the proposal to generally be in accordance with the requirements of the RFP documents. We recommend that the City Council consider these proposals and award a contract to Integrated Process Solutions based upon the results of the proposals 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. son Benson, P.E. Project Manager pc: Rick Wahlen, City of Eden,Prairie is l 1 Advanced Engineering and Environmental Services, Inc. 6901 East Fish i:,ahe„Read„Stnte.:9-$4•Water Town Place Business Center• Maple Grove,MN 55369-5457 Proposal Summary Well No. 8 Control Panel Replacement City of Eden Prairie, MN June 13, 2012 CONTRACTOR Amount ($) ENGINEER'S ESTIMATE $25,000.00 Integrated Process Solutions $21,975.00 Total Control Systems $27,800.00 Telemetry Process and Controls, Inc. $25,136.00 Advanced Engineering and Environmental Services, Inc. -Water Tower Place Business Center 6901 East Fish Lake Road Suite 184 Maple Grove, MN 55369 Tel: 763-463-5036 Fax: 763-463-5037 } (1—PS Integrated Process Solutions 34595 412th St SE, PO Box 26, Fosston, MN 56542 215-435-1703 June 8,2012 Jason Benson,P.E. (MN,ND) Advanced Engineering and Environmental Services, Inc. (AE2S) 6901 East Fish Lake Road, Suite 184 Water Tower Place Business Center Maple Grove, MN 55369-5457 RE: Eden Prairie, MN Well No. 8 Control Panel Dear Jason, Integrated Process Solutions, Inc. is pleased to provide the following proposal for the above referenced project. Our proposal is based on the plans and specifications provided by AE2S, we take no exceptions to the specifications. Quantity one (1)Well No. 8 Control Panel Including: NEMA TYPE 12 ENCLOSURE H:42 x W: 36 x D:16 SUB-PANEL,NEMA TYPE 12,H:39 x W: 33 PUSH TO TEST,PANEL LIGHT BATTERY BACKUP UPS,700VA LIGHTNING ARRESTOR LIGHT PACKAGE,FLUORESCENT,DOOR SWITCH SERIAL RADIO 5 PORT,ETHERNET SWITCH ALLEN BRADLEY COMPACTLOGIX(SEE I/O SCHEDULE) FUSE TERMINAL W/BLOWN FUSE IND.LED/NEON,W/FUSES TERMINAL BLOCK(GRAY), SCREW CONNECTION,(ASSOCIATED END BARRIERS,END STOPS, SEPARATION PLATES,ETC.) DIN RAIL MOUNTED,CIRCUIT BREAKER SURGE PROTECTION(TVSS) 120VAC/24VDC POWER SUPPLY GENERAL PURPOSE BLADE BASE RELAY, 15AMP CONTACT,3PDT, 120VAC 11-BLADE BASE SOCKET,SCREW TERMINALS WIRE DUCT WITH COVER,SIZED TO FIT GROUND BUSS BAR 15 AMP GFCI DUPLEX OUTLET UPS 15 AMP DUPLEX OUTLET DINRAIL ANDREWS,SUREFLEX 3'JUMPER ANTENNA CABLE "N"TYPE MALE CONNECTOR GROUNDING KIT YAGI ANTENNA TEMPERATURE RTD&TRANSMITTER OPERATOR INTERFACE TERMINAL(OIT) HOFFMAN HEATER 100W Quantity one (1) Lot Spare Parts Including: One each I/O module provided. One spare processor. One spare PLC power supply. Quantity one (1) Lot Services Including: Complete System Drawings & Submittals Panel Fabrication & UL Listing Factory Testing Startup Travel &Expenses One Year Warranty Freight to the Jobsite Exclusions PLC Programming OIT Programming Installation of Equipment Sales Tax The total price for this proposal is $21,975.00 net, excluding sales tax. System drawings & Submittals can be delivered one week from your notice to proceed. Panel can be ready for delivery three weeks for your notice to manufacture. Thank you for the opportunity to provide our proposal to you for your consideration. Should you have questions or require further information concerning this proposal,please contact me at 218-435-1703. Electronically Signed Peter J. Nelson Integrated Process Solutions, Inc. CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda July 17, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.O. Sue Kotchevar, Office of the Resolution for reimbursement of prior City Manager expenditures Requested Action Move to: Adopt Resolution declaring the City's official intent to reimburse itself for prior expenditures out of the proceeds of a subsequently issued series of bonds. Synopsis IRS regulations require that a City make a declaration of its official intent to reimburse itself for prior expenditures out of the proceeds of a subsequently issued series of bonds and that the expenditures reimbursed be capital expenditures or costs of issuance of the bonds. With this resolution, the City is declaring its intent to issue bonds to finance the north section of the Shady Oak Road project. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2012- RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS TO BE UNDERTAKEN BY THE CITY; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the "City"), as follows: 1. Recitals. (a) The Internal Revenue Service has issued Section 1.150-2 of the Income Tax Regulations (the "Regulations") dealing with the issuance of bonds, all or a portion of the proceeds of which are to be used to reimburse the City for project expenditures made by the City prior to the date of issuance. (b) The Regulations generally require that the City make a declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued series of bonds within 60 days after payment of the expenditures, that the bonds be issued and the reimbursement allocation be made from the proceeds of such bonds within the reimbursement period(as defined in the Regulations), and that the expenditures reimbursed be capital expenditures or costs of issuance of the bonds. (c) The City desires to comply with requirements of the Regulations with respect to certain projects hereinafter identified. 2. Official Intent Declaration. (a) The City proposes to undertake the following project or projects and to make original expenditures with respect thereto prior to the issuance of reimbursement bonds, and reasonably expects to issue reimbursement bonds for such project or projects in the maximum principal amounts shown below: Project Maximum Amount of Bonds Expected to be Issued for Project North Segment Shady Oak Road Project $12,500,000 -1- (b) Other than(i) de minimis amounts permitted to be reimbursed pursuant to Section 1.150-2(f)(1) of the Regulations or(ii) expenditures constituting preliminary expenditures as defined in Section 1.150-2(f)(2) of the Regulations, the City will not seek reimbursement for any original expenditures with respect to the foregoing projects paid more than 60 days prior to the date of adoption of this resolution. All original expenditures for which reimbursement is sought will be capital expenditures or costs of issuance of the reimbursement bonds. 3. Budgetary Matters. As of the date hereof, there are no City funds reserved, pledged, allocated on a long term basis or otherwise set aside (or reasonably expected to be reserved,pledged, allocated on a long term basis or otherwise set aside)to provide permanent financing for the original expenditures related to the projects, other than pursuant to the issuance of the reimbursement bonds. Consequently, it is not expected that the issuance of the reimbursement bonds will result in the creation of any replacement proceeds. 4. Reimbursement Allocations. The City's financial officer shall be responsible for making the "reimbursement allocations" described in the Regulations,being generally the transfer of the appropriate amount of proceeds of the reimbursement bonds to reimburse the source of temporary financing used by the City to make payment of the original expenditures relating to the projects. Each reimbursement allocation shall be made within 30 days of the date of issuance of the reimbursement bonds, shall be evidenced by an entry on the official books and records of the City maintained for the reimbursement bonds and shall specifically identify the original expenditures being reimbursed. ADOPTED by the City Council on July 17, 2012. Nancy Tyra-Lukens, Mayor (Seal) ATTEST: Kathleen Porta, City Clerk -2- CITY COUNCIL AGENDA DATE: July 17, 2012 SECTION: Ordinances &Resolutions DEPARTMENT/DIVISION: ITEM DESCRIPTION: Approval of the ITEM NO.: VIII.P. Finance Director Certificate of Termination or Deletion of Covenants for Parkway Apartments. Requested Action Move to: Adopt Resolution Approving The Certificate of Termination or Deletion of Covenants" For Parkway Apartments. Synopsis The Regulatory Agreement and Declaration of Restrictive Covenants were adopted in connection with Housing Revenue Bonds (Bonds) issued for the Parkway Apartments. The term of both the Regulatory Agreement and Declaration has now expired and the Bonds were fully satisfied in August 2007. Background Information The Regulatory Agreement and Declaration of Restrictive Covenants were adopted in connection with bonds issued for the Parkway Apaitiuents. The term of both the Agreement and Declaration has now expired and the Bonds were fully satisfied in August 2007. The Developer has requested that the City execute a Certificate of Termination or Deletion of Covenants which results in a complete termination and release of all covenants and restrictions set forth in the documents. Attachment Resolution Certificate of Termination or Deletion of Covenants CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012- A RESOLUTION APPROVING THE CERTIFICATE OF TERMINATION OR DELETION OF COVENANTS FOR PARKWAY APARTMENTS WHEREAS, The City entered into the certain Regulatory Agreement and required the filing of that certain Declaration of Restrictive Covenants for the Parkway Apartments; and WHEREAS, the Bonds issued in connection with the Agreement and Declaration were fully satisfied in August 2007. WHEREAS, the terms of both the Regulatory Agreement and Declaration of Restrictive Covenants have now expired and it is appropriate for the documents and any related covenants and restrictions to be terminated. NOW THEREFORE, BE IT RE SOLVED BY THE CITY COUNCI L OF TH E CITY OF EDEN PRAIRIE, TH AT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. The City approves and authorizes the execution of the attached "Certificate of Termination or Deletion of Covenants" for Parkway Apartments. ADOPTED by the City Council on July 17, 2012. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk Cross Reference to: Document No. 7363905; Document No. 5040447; Document No. 5488748; Document No. 5666213; Document No. 5712652; Document No. 6695372, Hennepin County,MN CERTIFICATE OF TERMINATION OR DELETION OF COVENANTS WHEREAS the City of Eden Prairie, Minnesota (the "City") and Chestnut Drive at Parkway Apartments, Inc., a Delaware corporation, as successor-in-interest to Welsh Parkway Apartments Limited Partnership (the "Owner") entered into that certain Amended and Restated Supplemental Regulatory Agreement dated October 1, 1990, by and between Welsh Parkway Apai talents Limited Partnership and the City; as amended by that certain Amendment to Regulatory Agreement dated January 29, 1997; as further amended by that certain Second Amendment to Regulatory Agreement dated October 1, 2000, filed for record on October 4, 2000 in the office of the County Recorder of Hennepin County, Minnesota as Document No. 7363905 and as assigned to Owner by virtue of that certain Assignment and Assumption of Regulatory Agreement dated June 22, 2007 (as amended and assigned, the "Regulatory Agreement"); and as affected by that certain Declaration of Restrictive Covenants dated October 8, 1985, recorded October 9, 1985 as Document No. 5040447, aforesaid records; as partially terminated by that certain Termination of Restrictive Covenants dated October 26, 1988, recorded December 19, 1988 as Document No. 5488748 aforesaid records; as amended by that certain Amendment to Declaration of Restrictive Covenants dated May 1, 1990, recorded June 4, 1990 as Document No. 5666213, aforesaid records; .as further amended by that certain Amendment to Declaration of Restrictive Covenants dated October 9, 1990, recorded October 17, 1990 as Document No. 5712652 aforesaid records and as further amended by that certain Amendment to Declaration of Restrictive Covenants dated January 29, 1997, recorded February 4, 1997 as Document No. 6695372, aforesaid records (the "Restrictive Covenants") (the Regulatory Agreement and the Restrictive Covenants, hereinafter collectively referred to as the "Agreements"). WHEREAS, the Regulatory Agreement and the Restrictive Covenants contained certain covenants and restrictions which were intended to run with the land and be binding upon the Owner, its successors, and assigns; and WHEREAS, the City, and its successors and assigns, was given the full and absolute right and obligation to terminate or delete such restrictions and to execute and deliver this Certificate for and on behalf of all persons and entities who might have been benefited by such covenants and restrictions; and WHEREAS, under the terms and provisions of said Regulatory Agreement and the Restrictive Covenants it is now an appropriate time to deliver this Certificate and to terminate or delete such covenants and restrictions; NOW, THEREFORE, this is to certify that the covenants and restrictions set forth in the Regulatory Agreement and the Restrictive Covenants are null and void and of no further force or effect; the County Recorder in and for the County of Hennepin and State of Minnesota is hereby authorized to accept this instrument for recording and filing as a conclusive determination of the DAL:836743.1 termination and release of all covenants and restrictions set forth in the Agreements, as specified and as a complete termination of all rights and other remedial provisions of the Agreements: DAL:836743.1 [Signatures continued from the previous page] Dated this day of July, 2012 CITY OF EDEN PRAIRIE By: Mayor By: City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me on this day of July 2012, by Nancy Tyra-Lukens, and Rick Getschow, the Mayor and City Manager, respectively, of the City of Eden Prairie, Minnesota, a Minnesota statutory city, on behalf of the city. Notary Public [Signatures continued on the following page] DAL:836743.1 [Signatures continued from the previous page] CHESTNUT DRIVE AT PARKWAY APARTMENTS, INC., a Delaware corporation By: Name: Title: STATE OF TEXAS ) )ss. COUNTY OF DALLAS ) This instrument was acknowledged before me on this day of July 2012, by , the of Chestnut Drive at Parkway Apartments, Inc., a Delaware corporation, on behalf of the corporation. Notary Public DAL:836743.1 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 17, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.Q. Office of City Manager Resolution Approving Appointment of Kathleen Porta, City Clerk Election Judges for the 2012 Primary and General Election Requested Action Adopt the resolution approving the appointment of election judges for the primary election, August 14, 2012 and general election,November 6, 2012. Synopsis State Statute 204B.21, Subd.2 requires appointment of election judges by the City Council at least 25 days before the election. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012- WHEREAS, Minnesota Election Law 204B.21 requires that persons serving as election judges be appointed by the Council at least 25 days before the election. BE IT RESOLVED by the City Council of the City of Eden Prairie that the following persons have agreed to serve as election or alternate judges and are appointed for the Primary Election to be held August 14, 2012, and/or the General Election to be held November 6, 2012. Daniel Carlos Abraira Nancy Conboy Gordon E.Gilbert John Kelley Donald Affolter John Conley Jane Goke Colleen Kennealy John Alfinito Curtis Connaughty Kristine Goldman Kathlyn Kinghorn Londa Amundson Pete Connors Carl A.Grande Jeffrey Kirst Kenneth Anderson Leon Corpuz Audra Granquist Barbara Kistle Martha Mary Joyce Crosby Carol Gregoire Doreen Kloth Anderson Ellen Crump Arlyn Grussing Laurie Koering Janelle Anderson Janice Curielli Bonnie Grussing Anne Kollmeyer David Charles Allison Curtis Arthur Halbardier Janet Kratz Anderson Kenneth Dahlager Lois Hall Dolores Krause Leemona Armel Sonja Dahlager Matthew D.Hansen Alvin Krause Nancy Aulizia Gene Dahlke Caryl Hansen Mark Krueger Linda Baillie Jayne Dakay Feiona Hansen Thomas Krueger Manjit Bajwa Katherine Davis Bryan Hanson Margaret Krueger Russell Baker II Melinda Desmarais Katherine Hanson LeAnne Kruger Martha Balfanz Mike Diede Glenda Hawkins Bonnie Veverka Kuch Jessica Ballantine Lorraine Dilling Linda Hayen Jodeen LaFrenz Bernadine Beauvais John Dollerschell Joanne Heck Judi Laurence Donna Bechthold John Thomas Doyle Susan Hedberg Marlene Lawson Gerry Beckmann Helen Doyle Jacqueline Heinrich Frederick Lee Lisa Bengston Sarah DuBord Laurie Hemstock Marilyn Legler Kenneth E.Berg John Duffy Carol Hennessey Herbert J.Legler Floyd Berntsen Joseph Dupont Robert Hennessey Kristine Lindgren Krisla Berreth Daniel Dylla David Hermanson Nancy C.Little Michael Biermaier Gary Eckhardt Alice Hess Karen Luchau Judith Bissonett Rose Ann Egan Ann Higgins Elaine MacDonald John H.Bode Wanda Eggebrecht Rosemarie Hilk Geneva L.MacMillan Nancy Bollweg Jane Eide Julayne Hill Diane Martin Shirley Boyington Carol E.Ellison Mary Hoch Ruth Maydole Stacey Bozanich Loretta M.Ellison Virginia Hoffman Leslie McDonald Wilson Bryce Calvin Engelstad Karen Hollingsworth Joan McGuire Mary Anne Bryndal Christina Factor Mary Holt Melissa McKeen Barbara Buehl Daniel Feely Denise Howe Mary McKelvey Eileen Canakes Marilyn Flavin Elizabeth Hustad Lorene McWaters John R. Carlson Linne Forester Linda Jenkins Gregory Mead Linda Case Margaret Francazio Tracy L.Johnson Kathleen Millberg Jeffrey Charnes Carol Fredrickson Mark Johnson Chuck Millberg Richard Christensen Barbara Freeman Jill Judlin Margaret Morrison David Clausen Donnamae Fritz Gordon L.Justus Anthony Moser Barbara Clinton Yuanita Gamauf Tracy Keibler Calvin Munkvold Richard Coleman Sharon Gates Cynthia Keives Lois Ann Munson Margaret Musegades Mary Ann Pfeiffer Douglas Stewart Mary Vogel Jean Myers Donald Pitsch Susan Stewart Mark Voorhees Penelope Needham Cheryl Poling Tong Stone Carol Wach Donald L.Nelson Susan L.Pratt Charles Stone Lauren Weaver Mary Ness Lisa Ramsey Janet Strandberg Richard Weaver John Newton Dawn Rischmiller Gail Stroinski Connie Lee Webber Paul A.Nierman John Roschen Wesley Sund Benedict Webber Mary Nierman Julie Rose Gerald Sundquist Maurice Weiler Victoria E.Nipper Rod Rue Jeanne Sundquist Mary Weston Marlene Nolan Rosa Rummel Harlan Sween June Weston Richard A.Nondorf James Sander Eleanor M.Taggatz Eugenia T.Williams Joan O'Leary Kay Schaffler Kerry Taylor Maureen Williamson Dave Olson Karen Schendel Pamela Teply Frederick Williamson Alan K.Olson Beth Schrader Marc Thielman Margaret Williamson Jackie Ostenson Cheryl Schraeder LeaAnn Thielman James Wilson Jeri Ostenson Jacqueline Schwerm Nancy J.Thompson JoAnne M.Wilson Ruth Otis Katherine Seger Julie Toskey Jack Winslow William Patrek Stephen Shea Kristin Traughber Basil Wissner Ronald Paul Roger Shipp Dennis Trisler Mary Wyckoff- Matthew Pellowski Theresa Shipp Judith Truc Harcus Dean A.Pelton William Shogren Randi Usher Anne Zara Mary Peters Patrick Slator Jo M.Van Remortel Barbara Ziemer John Peters Lisa Smith Baker June Vavreck Wendi Peterson Brad R. Starr Karen K.Vickman Geraldine J.Peterson V.Bruce Stenswick Cheryl Vinson BE IT FURTHER RESOLVED that the City Clerk is with this, authorized to make any substitutions or additions as deemed necessary. ADOPTED by the Eden Prairie City Council on this 17th day of July, 2012. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: July 17, 2012 SECTION: Consent Calendar SERVICE AREA: ITEM DESCRIPTION: ITEM NO.: VIII.S. Cliff Cracauer Replace car/truck hoist in Fleet Services Public Works/Fleet Services Requested Action Move to: Approve purchase of replacement car/truck lift from Westside Equipment of Medina in the amount of$ 20,615.00. Synopsis The City of Eden Prairie Fleet Services Division requested quotes from(2)vendors for the purchase and installation of a new twin post in ground car/light truck lift. The equipment bid by both contractors is identical; the low quote is the recommended. Background Information The current car/truck lift is (15)years old and failed its annual safety inspection. The repair cost for the lift exceeds its current value. Staff recommends the low bid be accepted for equipment and installation. The equipment will be paid out of Fleet Services equipment fund. Attachments • (2) Quotes for lift and installation. PETROLEUM&AUTOMOTIVE HANDLING EQUIPMENT SALES-SERVICE-INSTALLATION July 3,2012 Quote#1217 City of Eden Prairie 15150 Technology Drive Eden Prairie, MN 55344 Attn: Cliff Regarding: Replace existing Rotary SL29 two post inground lift. With new Rotary SL212 Drive on Ramps cap. Twopost inground lift. With(2) 6 0001b RollingJacks (maximum wheel 'b 12,000lbp � � base 182") -hy Equipment: Rotary SL212DOR w/Rolling Jacks (2) $14,835.00 Tax $ 1,080.00 Labor $ 4,700.00 $20,615.00 Installation: 1.) Saw cut existing floor,remove concrete. 2.) Excavate old lift&remove 3.) Install new SL212 Drive on Ramp 4.) Replace concrete Note: 1.) Electrical by owner. 2.) Above prices include parts, labor and sales tax. 3.) All work to be performed during Westside Equipment normal working hours. ta. 4.) Area to be free and clear of all obstructions, delays caused by others would be an extra on time and material basis. Terms: *Net 30 days from date of invoice, 1.5%monthly, 18%annual interest charge on past due amounts. *All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon 902 Highway 55, Medina, MN 55340 Tel. 763-478-9572 Fax 763-478-2026 `' - A ZAHL-PETROLEUM MAINTENANCE CO. DIV.OF DAN LARSON ENTERPRISES,INC. Sales, Service, Installation of Petroleum Equipment Since 1952 www.zahl-pmc.com July 10,2012 City of Eden Prairie,MN Proposal: Mobilize, Saw Cut and Demo Concrete around existing In-Ground Hoist,Haul Out Rubble. Excavate,Remove 1 SL29 Lift and Dispose of Properly. Provide and Set a New SL212DOR Hoist,Backfill with Pea Rock,Install New Power Unit, Hoses, and Hydraulic Fluid. Replace Concrete,Install Superstructure and Test. Equipment $ 16,477.00 Removal and Installation 5,054.00 Total Bid Amount $ 21,531.00 Includes Tax We propose to furnish material and/or labor in accordance with specifications and estimates. Total Proposal:TWENTY ONE THOUSAND FIVE HUNDRED THIRTY ONE DOLLARS AND 00/100 $ 21,531.00 Note: This proposal may be withdrawn by us if not accepted with in 30 days. ACCEPTANCE OF PROPOSAL: The above prices,specifications and conditions are satisfactory and are hear by accepted. You are authorized to do the work as specified. Payment will be made as outlined below. Date of Acceptance: Customer's Signature: r` Zahl Petroleum Maintenance Company Authorized Signature: i. ' PAYMENT SCHEDULE: BALANCE DUE NET 30 DAYS FROM INVOICIr ATE Date of Acceptance: Customer's Signature: HOIST WORK EXCLUSIONS: ITEMS LISTED WILL BE TIME PLUS MATERIALS IF NOT STATED IN BID ELECTRICAL- IF REQUIRED- IS NOT INCLUDED. ALL WARRAN1IES PER MANUFACTURE SPECIFICATION. ROCK REMOVAL,UTILITY REPAIRS,SHORING,POOR SOIL CONDITIONS AND ANY UNFORSEEN OBSTRUCTIONS. ALL CONCRETE OVER 6"THICK OR WITH REBAR FOUND UNDER OLD HOIST AREA'S DURING REMOVAL IF ADDITIONAL TIME IS NEEDED TO REMOVE HOIST, ALL SOIL TESTING AND/OR SOIL COMPACTION TESTING IF WANTED BY OWNER. CONTAMINATED SOIL REMOVAL,REPLACEMENT AND HAULING. 3101 SPRING STREET N.E. - MINNEAPOLIS,MN 55413 PHONE:(612)331-8550 - FAX:(612)331-8553 EQUAL OPPORTUNITY EMPLOYER CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 17, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.T. Stuart Fox, Parks and Natural Award Bid for Trail Overlay and Resources Manager, Parks and Reconstruction Work to Midwest Asphalt Recreation Corporation Motion Move to: Award the bid for the overlay and reconstruction of eight foot wide bituminous bike trails along portions of Prairie Center Drive, Flying Cloud Drive and Mitchell Marsh Conservation Area to Midwest Asphalt Corporation in the amount of$97,612.90. Synopsis The City advertised for the overlay or full reconstruction of portions of the eight and 10 foot wide bituminous trails along sections of Prairie Center Drive, Flying Cloud Drive and the Mitchell Marsh Conservation Area. The plans and specifications were prepared for the bituminous overlay of 4,048 lineal feet of existing 8 foot wide trail, the overlay of 1,566 lineal feet of existing 10 foot wide trail, the reconstruction of 3,141 lineal feet of 8 foot wide trail, the installation of seven new pedestrian/handicap ramps at various roadway crossings and the replacement of two curb approaches. The City received sealed bids from three contractors. Background The scope of this project is to overlay or replace several existing 8 foot wide bituminous bike trail segments whose surface is rough, severely degraded and in extremely poor condition. In 2008 these trail segments ranked as being in poor condition(PCI under 70) in a city wide trail and sidewalk assessment that was done by GoodPointe Technology. These trail sections cannot be renovated using the standard surface treatment of a rock chip seal coat; some portions must be rebuilt while others will be overlaid to provide a safe and useable trail surface for the next 20 years. New concrete ramps will be installed to provide proper ADA transition access from the trail to the road surface at intersections where these type ramps are currently absent. The funding for this trail reconstruction project comes from the Capital Improvement Program, Capital Maintenance and Reinvestment funding under the Public Works Department. The funding is designated for the reconstruction and new construction of trails and sidewalks along road right of ways throughout the City. Bid Summary and Recommendation The summary of the bids submitted is as follows: Midwest Asphalt, Corp. $97,612.90 Bituminous Roadways,Inc. $105,260.50 Northwest Asphalt, Inc. $116,049.20 The staffs estimate for this trail overlay and reconstruction project, based on 2011 bid/quote information, was $105,000. Each of the submitters met the guidelines as detailed in the bid specification document. Staff recommends the contract be awarded to Midwest Asphalt Corporation. The trail reconstruction/overlay project work will begin in late July with completion by August 31, 2012. City staff will do the work of restoring the private property lawn areas disturbed by this trail work. Attachments Bid Opening Sheet Trail Overlay/Reconstruction Location Maps #1-4 BID OPENING 2012 Bituminous Trail Overlay and Reconstruction 10:00 A.M., Tuesday,July 10, 2012 5% FIRM NAME BID TOTAL PRICE MATH CHECK BOND _ _ Midwest Asphalt X $97,612.90 OK Northwest Asphalt X $116,049.20 OK Bituminous Roadways X $104,714.50 $105,260.50 K:\Maintenance Facility\Park Maintenance\Doug\Bid Opening Results--2012 • • Prairie Center Drive , ti ii: u. : 1 .. . ...I . J• • .r„, - - ..., , -.... - i ,1 .,i .,4.1,..., • frr - i -'1 tl •.' : '..vi . i - •i ... 4-* i.i .;. y 4 r i , r - A ..ri 1, ..it -•%,._ 1: •-:, i -. - -lit• (212:CCto . iii• •..,111100..e ..-.--- . f ii i " X i f _1 r- .. # l A ..... _ ..,.. .,.. . -..... . )11 .,..e.•,.. viirw..„.„.„ .-- •••-:-.---..at44•4;s„: . - •. , .,. ,,„1,.. • ri---1,t • 4' . V. ti' ;I f, _ • x+»< Y• "s iE • >'ty i 4., 4. _ !r•• .o i t • � —ti� . �.' < Fitt �� w»/" -r'1r _.,// . 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A.J.P.,Nr,.. ofatiliw'..4 :i 7.,::>.--; •,4';„i''''. .ti. 4kilohik - �:, .f Q y -.. • - F•es~ ., "Illik m^8 x". - ....x......a..,,®:1111:4: ...ram— .. x r $S.R 3�• _. � «e may tl&ce tl: .fz 'n �e0y - % a • t. F �� .. des' - fan s �. ...,. . • E °s �'�sm ,.« 0. 1. wm«•ce �, m •. .:. ° Abe s. dn zm..e:R.=.;&@• �.3.mro n, P ��.€s,�'i�.€..sa - m $ x � _ +� • .-- t.'. st, -Ar, -. . - ._ r, .4A • .?.t_o -,----in. - ° Trail Bid V�Iark • lb is 4 Iri OOIt Ma.p #4 Scale :4Dt�f1 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 17, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: #11-5799 ITEM NO.: VIII.U. Randy Newton Approve acquisition of Parcel 9 for the northern segment of the Shady Oak Public Works/Engineering Road Improvements Requested Action Move to: Approve acquisition of Parcel 9 for the northern segment of the Shady Oak Road Improvements in the amount of$77,500. Synopsis The previously approved appraised value for Parcel 9 is $67,000. After negotiation the property owner has agreed to a settlement amount of$77,500. Background Information The City Council previously authorized the City Engineer and City Attorney to pursue the acquisition of easements for the northern segment of the Shady Oak Road Improvements. The City Council then later approved the Market Value Appraisal for parcel 9 in the amount of $67,000. After negotiation the property owner of parcel 9 has agreed to a settlement amount of $77,500. Of this amount, $67,000 is compensation for land rights, and $10,500 is for damages to landscaping, irrigation system, site boundary restoration, and mortgagee subordination/consent CITY COUNCIL AGENDA DATE: SECTION: Public Hearing July 17, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A. Community Development Resolution amending the Tax Increment Financing Molly Koivumaki, Manager, Plan and Project Management Agreement for Tax Housing and Community Increment Financing District No. 12. Services Requested Action Move to: • Close the public hearing; and • Adopt Resolution amending the Tax Increment Financing Plan and Project Management Agreement for Tax Increment Financing District No. 12. Synopsis The Tax Increment Financing Plan for District 12,the Columbine Townhomes, is set to expire at the end of 2012. Subsequently, Developer sought amendment of the Tax Increment Financing Plan and Project Management Agreement to increase the estimated term and budget, to facilitate further reimbursement of eligible costs in order to continue the provision of affordable housing, and to make certain other changes. The HRA finds that the continued operation of the project is not sustainable without the continued Tax Increment financing subsidy, and that the Amended Financing Plan conforms to the general plan for the development or redevelopment of the City as a whole. Attachments • Resolution • Amended Project Management Agreement • Amended TIF Plan CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2012- A RESOLUTION APPROVING AMENDMENT OF THE TAX INCREMENT FINANCING PLAN AND PROJECT MANAGEMENT AGREEMENT FOR TAX INCREMENT FINANCING DISTRICT NO. 12 BE IT RESOLVED, by the City Council of the City of Eden Prairie, Minnesota (the "City") as follows: Section 1. Recitals. 1.01. On February 6, 1996, the City, pursuant to the Minnesota Tax Increment Financing Act, Minnesota Statutes Sections 469.174 to 469.179 as amended (the "Act") created Tax Increment Financing District No. 12 and approved the Tax Increment Financing Plan related thereto following a public hearing conducted in accordance with the Act. 1.02. On April 8, 1996, the Housing and Redevelopment Authority in and for the City of Eden Prairie (the Authority) and Columbine Townhomes Affordable Housing Limited Partnership, a limited partnership under the laws of the State of Minnesota (the Developer) entered into that certain agreement entitled "Project Management Agreement" in relation to Tax Increment Financing District No. 12. 1.03. Subsequently, Developer sought amendment of the Tax Increment Financing Plan and Project Management Agreement to increase the estimated term and budget, to facilitate further reimbursement of eligible costs in order to continue the provision of affordable housing, and to make certain other changes. 1.04. The Authority is proposing the amendment to the Financing Plan (the "Amended Financing Plan") to increase the budget of the TIF District pursuant to and in accordance with the Act. 1.05 The Board of the Authority, on July 17, 2012, adopted the Amended Financing Plan, subject to approval by this City Council following a public hearing as described below, and transmitted the same to this City Council for consideration. 1.06 Members of the Board of County Commissioners of Hennepin County and of the Board of Education of Independent School District No. 272 have been given an opportunity to meet with the City and the Authority and comment on the Amended Financing Plan. Pursuant to Minnesota Statutes, Section 469.175, subdivision 3, this Council, on July 17, 2012, conducted a public hearing on the desirability of approving the Amended Financing Plan. Notice of the public hearing was duly published as required by law in the Eden Prairie News, the official newspaper of the City, on July 5, 2012. The City and the Authority have [not] received written comments on the Amended Financing Plan from the County and the School District after providing the County and the School District boards with information on the fiscal and economic implications of the Amended Financing Plan not less than 30 days before the date of the public hearing. Section 2. Findings. In reliance on representations made by the Developer and the information presented at the public hearing on July 17, 2012, the City Council finds the following: 2.01. The District consists of a "project" as defined in Minnesota Statutes, Section 469.174, subdivision 8, and is a proper tax increment financing district within the meaning of Section 469.174, subdivision 9. Based on the information in the Amended Financing Plan and representations of the developer, the District consists of a project intended for occupancy, in part,by persons or families of low and moderate income, as defined in chapter 462A, Title II of the National Housing Act of 1934, the National Housing Act of 1959, the United States Housing Act of 1937, as amended, Title V of the Housing Act of 1949, as amended, or similar present or future federal, state or municipal legislation and the regulations promulgated thereunder, and that satisfies the income limitations of Minnesota Statutes, Section 469.1761. The project to be constructed in the District consists only of housing for individuals or families of low or moderate income, and no commercial or other uses are contemplated therein. The project continues to qualify as a "housing district" within the meaning of Minn. Stat. 469.174, Subd. 11 and therefore continues to qualify for Tax Increment Financing. 2.02 The continued operation of the project is not sustainable without the continued Tax Increment Financing subsidy. 2.03 To the extent the district generates public costs, the costs will be offset by the increased net taxable capacity of the development. 2.04 The Amended Financing Plan conforms to the general plan for the development or redevelopment of the City as a whole. 2.05 The Amended Financing Plan affords maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of the proposed projects by private enterprise. Section 3. Approval of the Modification and Amendment. 3.01. Upon review of the Amended Financing Plan, the information elicited at the public hearing and on the basis of the findings above, the City Council hereby approves the adoption of that certain document entitled "Modification to Tax Increment Financing Plan for Tax Increment Financing District No. 12", prepared by Springsted Incorporated and dated July 17, 2012. 3.02. The City Council approves the adoption of that certain document entitled "Amended Project Management Agreement by and between the Housing and Redevelopment Authority in and for the City of Eden Prairie and Columbine Townhomes Affordable Housing Limited Partnership" dated July 17, 2012. 3.03 The City Clerk is hereby authorized and directed to file the Amended Financing Plan with the Commissioner of Revenue and Office of the State Auditor as required by Minnesota Statutes, Section 469.175, subdivision 4a. ADOPTED by the City of Eden Prairie, Minnesota this 17th day of July, 2012. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk AMENDED PROJECT MANAGEMENT AGREEMENT BY AND BETWEEN THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE AND COLUMBINE TOWNHOMES AFFORDABLE HOUSING LIMITED PARTNERSHIP THIS AMENDED PROJECT MANAGEMENT AGREEMENT (THE "AMENDMENT") IS MADE AS OF JULY 17, 2012 BETWEEN THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, A PUBLIC BODY CORPORATE AND POLITIC UNDER THE LAWS OF THE STATE OF MINNESOTA (THE AGENCY), AND COLUMBINE TOWNHOMES AFFORDABLE HOUSING LIMITED PARTNERSHIP, A LIMITED PARTNERSHIP UNDER THE LAWS OF THE STATE OF MINNESOTA (THE DEVELOPER). RECITALS: WHEREAS, Agency and Developer entered into that certain agreement entitled "Project Management Agreement", made as of the 8th day of April, 1996 ("Agreement'), regarding certain land owned by Developer, legally described as set forth on Exhibit A, attached hereto and incorporated here, ("Property"), for private development in the City of Eden Prairie, Minnesota ("City"), upon which the Developer has developed a multifamily housing project ("Project"); and WHEREAS, Agency and City agreed to provide tax-increment financing to reimburse the Developer for certain qualified costs of the Project pursuant to Minnesota Statutes, Sections 469.174 to 469.179, as amended(the "Tax Increment Act"); and WHEREAS, Agency and City adopted a Tax Increment Financing Plan for Tax Increment Financing District 12 dated February 6, 1996 ("TIF Plan"); and WHEREAS, Agency and City have adopted an amendment to the TIF Plan which increases the budget and estimates a longer term of the district in order to continue the provision of affordable housing. WHEREAS, it is now the desire of the Agency and the Developer to amend the provisions of the Agreement to account for the increase in budget and estimated increase in term in order to provide additional financial assistance to the Developer for the continuation of affordable housing for the extended term of the District. NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants, conditions, and promises set forth in this Amended Agreement, the parties agree as follows: 1. Subsection 2.4 of the Agreement is amended by inserting at the end of the paragraph the following: The Agency anticipates that the TIF District will remain in existence 2 the for the maximum 25-year duration allowed by law (projected to be through the year 2022). The Agency anticipates providing additional financial assistance to the Developer in the maximum amount of$346,646 (90% of the total projected tax increment revenues for the years 2013 through 2022). 2. Section 3 of the Agreement, "Developer's Obligations," is amended by adding subsection 3.13 which reads as follows: 3.13. Minimum Market Value. a. The Developer agrees that the minimum market value of the Property and the Project for ad valorem tax purposes, shall be not less than $3,900,000 (payable 2012 market value) and shall not be reduced by any action taken by the Developer(other than a deed in lieu of, or under threat of, condemnation by the City of Eden Prairie, Hennepin County or other condemning authority), to less than the said amount, and that no reduction of the market value below said minimum market value shall be sought by the Developer or granted by any public official or court except in accordance with Minnesota Statutes, Section 469.177, subdivision 8. This minimum market value shall apply only to the Property, the Project and any other facilities situated on the Property. In the event of involuntary conversion of the Property and the Project for any reason (other than condemnation by a public entity), the minimum market value shall not be reduced to an amount less than said minimum market value. b. The Developer acknowledges and agrees that the Property and the Project are subject to ad valorem property taxation and that such property taxes constitute taxes on "real property" (as provided in Section 469.174, subdivisions 4 and 7(d) of the TIF Act) and, to the extent reflecting net tax capacity rates of taxing jurisdictions levied against the captured net tax capacity of the District, constitute tax increment. c. Nothing in this Agreement shall limit the discretion of the county assessor or the City of Eden Prairie or any other public official or body having the duty to determine the market value of the Property, the Project and other facilities on the Property for ad valorem tax purposes, to assign to the Property, the Project or to any other improvements constructed on the Property, on a nondiscriminatory basis and treated fairly and equally with all other property so classified in the respective counties, a market value in excess of the minimum market value specified in this Subsection. The Developer shall have the normal remedies available under the law to contest any assessor's estimated value in excess of said minimum market value, but only to the extent of the excess. 3. Except as specifically amended hereby, the Agreement shall continue in full force and effect. The Agreement and this Amendment shall, from and after the date hereof, be construed as one instrument. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first above written. AGENCY: THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, Chairperson Rich Getschow, Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2012,by Nancy Tyra-Lukens and Rich Getschow, the Chairperson and Executive Director, respectively, of the Housing and Economic Development Authority in and for the City of Eden Prairie, a public body corporate and politic of the State of Minnesota, on behalf of that pubic body corporate and politic. Notary Public DEVELOPER: COLUMBINE TOWNHOMES AFFORDABLE HOUSING LIMITED PARTNERSHIP By Its By Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2012, by and as and respectively of Columbine Townhomes Affordable Housing Limited Partnership, a Minnesota limited partnership, on behalf of the partnership. Notary Public EXHIBIT A Legal Description Lot One (1), Block One (1), Columbine Addition, according to the recorded plat thereof, Hennepin County, Minnesota. 18 City of Eden Prairie, Ni nnesota Eden Prairie Housing and Redevelopment Authority Amendment to Tax Increment Financing Plan for Tax Increment Financing (Housing) District No. 12 (Columbine Road Project) Original Dated: February 6, 1996 Amendment Dated: July 17, 2012 Prepared by: SPRINGSTED INCORPORATED 380 Jackson Street, Suite 300 St. Paul, NA 55101-2887 (651)223-3000 YIN A/V.SPRINGSTED.COW INTRODUCTION The purpose of the proposed Amendment to the Tax Increment Financing Ran for Tax Increment Financing District No. 12 is to increase the budget,to facilitate further reimbursement of eligible casts associated with continuing to provide affordable housing within the Oty of Eden Prairie, pursuant to an extension of the project management agreement.The Authority reserves the right to use tax increment for all liF eligible costs of the district, induding related administrative. The sections of the Amended Plan specifically being altered indude, Section F: Duration of the liF District; Section K Estimated Public Costs; Section L: Estimated Sources of Revenue; Section M: Estimated Amound of Bonded Indebtedness; Ct Original Tax Capadty Rate; Section P: Projected Retained Captured Net Tax Capacity and Projected Tax Increment and Section V: Estimated Impact on Other Taxing Jurisdictions. This modification is not intended to reflect all changes in the statute or to the project since the original project was approved. TABLE OF CONTENTS Section Page(s) F Duration of the TIF District 1 K Estimated Public Costs 1 L Estimated Sources of Revenue 1 M Estimated Amount of Bonded Indebtedness 2 0 Original Tax Capacity Rate 2 P Projected Retained Captured Net Tax Capacity and Projected Tax Increment 2 V Estimated Impact on other Jurisdictions 2 X Development Agreements 3 Map of the Development District&Tax Increment Financing District EXHIBIT I Assumptions Report EXHIBIT II Projected Tax Increment Report EXHIBIT III Estimated Impact on Other Taxing Jurisdictions Report EXHIBIT IV Market Value Analysis Report EXHIBIT V Eden Prairie Housing and Redevelopment Authority, Minnesota Section F Duration of the 11F District I-busing districts may remain in existence 25 years from the date of receipt by the Authority of the first tax increment. Modifications of this plan(ccc Section Z)shall not extend these limitations. The Authority anticipates that the District will remain in existence the maximum duration allovked by law(projected to be through the year 2022). The purpose of this modification is to increase the estimated public costs and sources of revenue in anticipation of an extension to the Project Management Agreement that will allow for the colledion and spending of tax increments through the maximum duration allowed (ccc Section P). Inver the Authority will decertify the 11F District as early as possible should the projected increment be received in a shorter time period than originally projected. Al tax increrrents from taxes payable in the year the 11 F District is decertified shall be paid to the Authority. Section K Estimated Public Costs The estimated public costs of the 11F District are listed below. Such costs are eligible for reimbursement from tax increments of the 11F District. Original Budget Administrative Proposed February 6, 1996 Amendment Modification April 17,2007 (July 17,2012) Land/Building acquisition $212,000 $315,000 $315,000 Site Irrprovements/preparation costs 67,600 100,000 100,000 Installation of public utilities 57,900 85,000 85,000 Reimbursement for eligible housing 0 59,959 445,122 adivities: Loan/note interest payments 246,959 0 Administrative expenses 37,500 62,000 62,000 Total $621,959 $621,959 $1,007,122 The Authority reserves the right to administratively adjust the amount of any of the items listed above or to incorporate additional eligible items,so long as the total estimated public cost is not increased. Section L Estimated Sources of Revenue Original Budget Administrative Proposed February 6, 1996 Amendment Modification April 17,2007 (July 17, 2012) Tax Increrrent revenue $621,959 $621,959 $1,007,122 Interest on invested funds Bon /Note proceeds 0 0 Real estate sales 0 0 Other 0 0 Total $621,959 $621,959 $1,007,122 The Authority anticipates providing additional financial assistance to the project through an extension of the Agreement on a pay-as-you-go basis. Under the pay-as-you-go scenario, future tax increrrents received from the property within the 71F District are distributed to the developer/owner as reimbursement for public costs incurred(see Section K). SPRINGSTED Page 1 Eden Prairie Housing and Redevelopment Authority, Minnesota The Authority reserves the right to finance any or all pubic costs of the 71F District using pay-as-you-go assistance, internal funding, general obligation or revenue debt, or any other financing mechanism authorized by law. The City also rascrves the right to use other sources of revenue legally applicable to the Project Area to pay for such costs including, but not limited to,special assessments, utility revenues,federal or state funds, and investment income. Section M Estimated Amount of Bonded Indebtedness The Authority does not anticipate issuing tax increment bonds to finance the estimated public costs of the 11F District. However it reserves the right to issue an amount that would not exceed$1,007,122. Section 0 Original Tax Capacity Rate The County Auditor shall also certify the original tax capacity rate of the 71F District. This rate shall be the sum of all local tax rates that apply to property in the 71F District. This rate shall be for the same taxes payable year as the original net tax capacity. The amount of tax increment generated by the 11F District will be calculated using the lesser of(a)the sum of the current local tax rates at that time or(b)the original (frozen')tax capacity rate of the 71F District. The sum of all local tax rates that apply to property in the 71F District, for taxes levied in 2011 and payable in 2012 was 121.684 as shown below. This amount is less than the frozen rate of 139.201; therefore the projections assume this tax rate shall apply for the remaining term of the District. Final 2011/2012 Jurisdiction Local Tax Rate City of Eden Prairie 33.036% Hennepin County 48.231% I SD#272 29.292% Other 11.125% Total 121.684% Section P Projected Retained Captured Net Tax Capacity and Projected Tax Increment Each year the County Auditor shall determine the current net tax capacity of all property in the 11F District. To the extent that this total exceeds the original net tax capacity, the difference shall be known as the captured net tax capacity of the 71F District. The County Auditor shall certify to the City the amount of captured net tax capacity each year. The City may choose to retain any or all of this amount. It is the Citys intention to retain 100%of the captured net tax capacity of the T1F District. Such amount shall be known as the retained captured net tax capacity of the 71F District. Exhibit II gives a listing of the various information and assumptions used in preparing a nurrber of the exhibits contained in this 71F Plan, induding Exhibit III Mich shoves the projected tax increment generated over the remaining life of the 1lF District. Section V Estimated Impact on Other Taxing Jurisdictions Exhibit IV shoves the estirifled impact on other taxing jurisdictions if the maximum projected retained captured net tax capacity of the T1F District was hypothetically available to the other taxing jurisdictions. The City believes that there will be no adverse impact on other taxing jurisdictions during the life of the 11F District, since the proposed development would not have occurred without the establishment of the 11F District and the provision of public SPRINGSTED Page 2 Eden Prairie Housing and Redevelopment Authority, Minnesota assistance. A positive impact on other taxing jurisdictions will occur when the 71F District is decertified and the development therein becomes part of the general tax base. The fiscal and economic implications of the proposed tax increment financing district, as pursuant to Minnesota Statutes, Section 469.175, Subdivision 2,are listed below. 1. The total amount of tax increment that will be generated over the life of the district is estimated to be $1,007,122.$346,646 is estimated to be the additional amount attributable to the modification 2. To the extent the project in the proposed liF District No. 12 generates any public cost impacts on city- provided services such as police and fire protection, public infrastructure, and borrowing costs attributable to the district, such costs will be levied upon the taxable net tax capacity of the Oty, exduding that portion captured by the District. The Oty does not anticipate issuing general obligation tax increment bonds to finance a portion of the costs attributable to the District. 3. The amount of tax increments over the life of the district that would be attributable to school district levies, assuming the school district's share of the total local tax rate for all taxing jurisdictions remained the same, is estimated to be$243,312$93,052 is estimated to be the additional amount attributable to the r nodification. 4. The amount of tax increments over the life of the district that would be attributable to county levies, assuming the countys share of the total local tax rate for all taxing jurisdictions remained the same is estimated to be$400,627. $153,216 is estimated to be the additional amount attributable to the modification. 5. No additional information has been requested by the county or school district that would enable it to determine additional costs that will accrue to it due to the development proposed for the district. To our knowledge neither entity has adopted standard questions in a written policy on information requested for fiscal and economic implications. Section X Development Agreements If within a project containing a housing district, more than 25%of the acreage of the property to be acquired by the Oty is purchased with tax increment bonds proceeds(to which tax increment from the property is pledged),then prior to such acquisition, the City must enter into an agreement for the development of the property. Such agreement must provide recourse for the Oty should the development not be completed. The Authority antidpates entering into an extension of the existing project management agreement to allow for reimbursement of additional eligible costs associated with maintaining the project and providing affordable housing; hover the Authority does not anticipate acquiring any property located within the 11F District. SPRINGSTED Page 3 Exhibit I MAP OF MODIFICATION OF TAX INCRENENT FINANCING(HOUSING)DISTRICT NO. 12 P 4 L_--=.,---„,..stkt....„4, ,ti f ;9 sr CT LOCATION ; , . {24, �� ;f WA 4. ' l ►rows w-t .3. i rya -! . + ` 1 •�4 aea7r .Ip r9� lug• 000 01 'k� - r •aft ass a y r t le �O^ {in • • fA,wr'.sa a� C.� '� . _ .i a.at _4+ ,•-44 �.v +� ' f .. w..4141 f #� 1IAjr ` ��+ fV=A. • l.� . it�+ P.. 1e�i k a ( ) (:) '11:t=j `te : * = .•1e. Ar _ 11. . ..„..4.4....v, ip . •e„..--v. ... •,,,.. . _... 1 ; a„,_Eilk iii$ i. h 0 D [ --,,,,-...,us• ., 1::= wi'agswa„,* g 0 i I? I * . 4.- .8. cio Fit�H r vta.SY ram'. V 1 r �.sv.s3 {t2) li ~ is 41) -�- pekepgir ,1,C1 It {[ SSt5 4 {if) R4.y'K II L) . f L.�-P r a '4 Eli- 1/i 05 { !ter a a 1.f y �a . tiffy . {Ili': - 1 1 ,S4 .44. II 111- ea A CENTER ;� i _ u.. L.vcE �— r.t as S Z?` �` ,----e rsis SPRINGSTED Page 4 Exhibit 11 Assumptions Report City of Eden Prairie,Minnesota Modification to Tax Increment Financing (Housing)District No. 12 (Columbine Road Project) Type of Tax Increment Financing District Housing Maximum Duration of TIF District 25 years from 1st increment Projected Decertification Date r 12/31/22 (25 Years of Increment) Base Estimated Market Value r $276,000 Original Net Tax Capacity $3,450 Assessment/Collection Year 2011/2012 2012/2013 2013/2014 2014/2015 2015/2016 Base Estimated Market Value $276,000 $276,000 $276,000 $276,000 $276,000 Estimated Increase in Value-New Construction 0 3,820,000 3,820,000 3,942,880 4,069,446 Total Estimated Market Value 276,000 4,096,000 4,096,000 4,218,880 4,345,446 Total Net Tax Capacity $3,450 $30,720 $30,720 $31,642 $32,591 City of Eden Prairie 33.036% Hennepin County 48.231% ISD#272 29.292% Other 11.125% Local Tax Capacity Rate 121.684% Final 2011/2012 Frozen Tax Capacity Rate 139.2010% Fiscal Disparities Contribution From TIF District NA Administrative Retainage Percent(maximum = 10%) 10.00% Pooling Percent 0.00% Note (Pay-As-You-Go) Note Dated 08/01/12 Note Rate 0.00% Note Amount $346,646 Present Value Date &Rate 07/31/12 4.50% PV Amount $272,045 Notes Projections assume no future changes to classification rates or tax rates; and include a 3%annual market value Inflator. Projections only show remaining 10 years of tax increment collections (2013-2022),to coincide with anticipated extension of the Project Management Agremeent to allow for reimbursement of additional elgiible housing costs associated with providing affordable housing. SPRINGSTED Page 5 Exhibit III Projected Tax Increment Report City of Eden Prairie,Minnesota Modification to Tax Increment Financing(Housing)District No.12 (Columbine Road Project) Less: Retained Times: Less: Less: Annual Total Total Original Captured Tax Annual State Aud. Subtotal City Annual Period Market Net Tax Net Tax Net Tax Capacity Gross Tax Deduction Gross Tax Retainage Net Ending Value Capacity Capacity Capacity Rate Increment 0.360% Increment 10.00% Revenue (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) 12/31/11 12/31/12 12/31/13 4,096,000 30,720 3,450 27,270 121.684% 33,183 119 33,064 3,306 29,758 12/31/14 4,218,880 31,642 3,450 28,192 121.684% 34,305 123 34,182 3,418 30,764 12/31/15 4,345,446 32,591 3,450 29,141 121.684% 35,460 128 35,332 3,533 31,799 12/31/16 4,475,810 33,569 3,450 30,119 121.684% 36,649 132 36,517 3,652 32,865 12/31/17 4,610,084 34,576 3,450 31,126 121.684% 37,875 136 37,739 3,774 33,965 12/31/18 4,748,387 35,613 3,450 32,163 121.684% 39,137 141 38,996 3,900 35,096 12/31/19 4,890,838 36,681 3,450 33,231 121.684% 40,437 146 40,291 4,029 36,262 12/31/20 5,037,563 37,782 3,450 34,332 121.684% 41,776 150 41,626 4,163 37,463 12/31/21 5,188,690 38,915 3,450 35,465 121.684% 43,155 155 43,000 4,300 38,700 12/31/22 5,344,351 40,083 3,450 36,633 121.684% 44,576 160 44,416 4,442 39,974 $386,553 $1,390 $385,163 $38,517 $346,646 Prior Years $624,206 $2,247 621,959 62,196 559,763 Total 1,010,759 3,637 1,007,122 100,713 906,409 SPRINGSTED Page 6 Exhibit IV Estimated Impact on Other Taxing Jurisdictions Report City of Eden Prairie,Minnesota Modification to Tax Increment Financing(Housing)District No.12 (Columbine Road Project) Without Project or TIF District With Project and TIF District Projected Hypothetical 2011/2012 ' 2011/2012 Retained New Hypothetical Hypothetical Tax Generated Taxable F 2011/2012 Taxable Captured Taxable Adjusted Decrease In by Retained Taxing Net Tax Local Net Tax Net Tax Net Tax Local Local Captured Jurisdiction Capacity(1) Tax Rate Capacity(1) + Capacity = Capacity Tax Rate(*) Tax Rate(*) N.T.C.(*) City of Eden Prairie 88,510,928 F 33.036% 88,510,928 F $36,633 88,547,561 33.022% 0.014% 12,097 'Hennepin County 1,251,745,096 F 48.231% 1,251,745,096 36,633 1,251,781,729 48.230% 0.001% 17,668 1SD#272 85,059,633 r 29.292% 85,059,633 36,633 85,096,266 29.279% 0.013% 10,726 Other(2) --- 11.125% --- 36,633 --- 11.125% --- --- Totals 121.684% 121.656% 0.028% * Statement 1: If the projected Retained Captured Net Tax Capacity of the TIF District was hypothetically available to each of the taxing jurisdictions above,the result would be a lower local tax rate(see Hypothetical Adjusted Tax Rate above) which would produce the same amount of taxes for each taxing jurisdiction. In such a case,the total local tax rate would decrease by 0.028%(see Hypothetical Decrease in Local Tax Rate above). The hypothetical tax that the Retained Captured Net Tax Capacity of the TIF District would generate is also shown above. Statement 2: Since the projected Retained Captured Net Tax Capacity of the TIF District is not available to the taxing jurisdictions, then there is no impact on taxes levied or local tax rates. (1) Taxable net tax capacity=total net tax capacity-captured TIF-fiscal disparity contribution, if applicable. (2) The impact on these taxing jurisdictions is negligible since they represent only 9.14%of the total tax rate. SPRINGSTED Page 7 Exhibit V Market Value Analysis Report City of Eden Prairie, Minnesota Modification to Tax Increment Financing (Housing) District No. 12 (Columbine Road Project) Assumptions Present Value Date 08/01/12 P.V. Rate - Gross T.I. 4.50% Increase in EMV With TIF District $5,068,351 Less: P.V of Gross Tax Increment 300,045 Subtotal $4,768,306 Less: Increase in EMV Without TIF 0 Difference $4,768,306 Annual Present Gross Tax Value @ Year Increment 4.50% 1 2013 33,183 31,522 2 2014 34,305 31,185 3 2015 35,460 30,846 4 2016 36,649 30,508 5 2017 37,875 30,171 6 2018 39,137 29,833 7 2019 40,437 29,497 8 2020 41,776 29,162 9 2021 43,155 28,827 10 2022 44,576 28,494 $386,553 $300,045 SPRINGSTED Page 8 CITY COUNCIL AGENDA DATE: SECTION: Public Hearing July 17,2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Vacation 12-03 ITEM NO.: IX.B. Denise Christensen Vacation of All Drainage &Utility Easements over L3, Block 1, SPRING Public Works/Engineering HEIGHTS Requested Action Move to: • Close the public hearing; and • Adopt the resolution vacating all the drainage and utility easements lying over,under and across Lot 3, Block 1, SPRING HEIGHTS according to the recorded plat thereof, Hennepin County, Minnesota. Synopsis The Property Owners have requested the vacation of all the drainage and utility easements to facilitate the plat of Eden Prairie Woods for new home construction. Background Information The drainage and utility easements were originally dedicated with the plat of Spring Heights. New drainage and utility easements will be dedicated with the plat of Eden Prairie Woods. The release of the resolution vacating the drainage and utility easements shall be conditioned on the recording of the plat of Eden Prairie Woods. Attachments • Resolution • Location Map • Site Plan • Published Notice • Notification List CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012- VACATION OF ALL THE DRAINAGE AND UTILTY EASEMENTS OVER LOT 3, BLOCK 1, SPRING HEIGHTS VACATION 12-03 WHEREAS, the City of Eden Prairie has (a) certain Drainage and Utility Easements described as follows: All of the drainage and utility easements lying over, under and across Lot 3, Block 1, SPRING HEIGHTS, according to the recorded plat thereof, Hennepin County, Minnesota. WHEREAS, a Public Hearing was held on July 17, 2012, after due notice was given to affected property owners and published in accordance with M.S.A. 412.851; and WHEREAS, the Council has been advised by City Staff that the proposed vacation of the above described drainage and utility easements has no relationship to the comprehensive municipal plan; and WHEREAS, it has been determined that the said drainage and utility easements are not necessary and have no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage and utility easements described as: All of the drainage and utility easements lying over, under and across Lot 3, Block 1, SPRING HEIGHTS, according to the recorded plat thereof, Hennepin County, Minnesota. are hereby vacated. 2. The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with M.S.A. 412.851. 3. This Resolution is contingent upon and shall not be effective until the Plat of Eden Prairie Woods has been recorded with the County Recorder/Registrar of Titles as applicable. The City Clerk shall not present the Notice of Completion of Proceedings to the County Auditor or file it with the County Recorder/Registrar of Titles until the Plat is recorded. ADOPTED by the Eden Prairie City Council on July 17, 2012. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk Ailey T116N R22Wle 20 21 CC- 29 28 4..)7 ALTO 1 0 WAY C)_- w STRATUS P"#' pSPECT RD. Q� Cy CTCIRROS q ce R! oWA0 M � SRpCF J � -4 .(11 UGHT #• �,�' �O c)( G 132. p4 : 2� is J M } p\ DR. � - _ ✓UHF �Q 'Q BEVERO z ^ cRgS [135. c 41) Z w o /00 DR. 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Designed: Exhibit Number Plymouth, 28th, Ave.N,Ste 447 ! ; P 63)476,Minnesota ele 55447 H E N N E P I N VILLAGE Drawn: 1763)476.6010 telephone Approved:MM MFH +, (7631476.6532 facsimile EDEN PRAIRIE, MN Initial Issue:04/13/2012 wvm.mlra.aom EASEMENT VACATION EXHIBIT Rev.: engineeringsurveyingpianningenergy Date: Project No. TOL19112 VACATION 12-03 NOTICE OF VACATION OF ALL OF THE DRAINAGE AND UTILITY EASEMENTS OVER,UNDER AND ACROSS LOT 3,BLOCK 1, SPRING HEIGHTS Notice is hereby given that a public hearing will be held before the Eden Prairie City Council at the Eden Prairie City Hall, 8080 Mitchell Road, Eden Prairie, Minnesota, on July 17, 2012 at 7:00 p.m. to hear all persons present upon the proposed vacation of all the Drainage and Utility Easements described as follows: All of the Drainage and Utility Easements lying over, under and across Lot 3, Block 1, SPRING HEIGHTS, according to the recorded plat thereof, Hennepin County, Minnesota. By Order of the City Council Published in the Eden Prairie News on June 28, 2012 NOTIFICATION LIST VACATION REQUEST 12-03 A copy of the Public Hearing Notice has been sent to owners of the following parcels: 2911622410005 2911622440004 2911622440005 2911622440013 2911622440014 2911622440021 2911622440022 A copy of the Public Hearing Notice has been sent to the following Utilities: CenterPoint Energy Century Link Communications Comcast Cable Xcel Energy CITY COUNCIL AGENDA DATE: July 17, 2012 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.C. Community Mitchell Crossing 2012 Development/Planning Janet Jeremiah Requested Action Move to: • Continue the public hearing to the August 21, 2012 meeting and return the plans to the Planning Commission for further review. OR Move to: • Close the Public Hearing; and • Adopt the Resolution for Guide Plan Change from Community Commercial to High Density Residential on 3.098 acres; and • Adopt the Resolution for Planned Unit Development Concept Review on 3.098 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Community Commercial to RM — 2.5 on 3.098 acres; and • Adopt the Resolution for Preliminary Plat on 3.098 acres into 1 lot and 2 outlots; and • Direct Staff to prepare a Development Agreement incorporating Staff recommendations in this report, Planning Commission recommendations and Council conditions. Synopsis This is a 192 unit apartment project that requires a guide plan change from community commercial to high density residential and waivers from the City code for density, height, parking and site area per unit. The approved plan on this property is 57 senior ownership units above 6,000 square feet of commercial. Background Information Project History • March 8, 2012— Scott Carlston submits a plan for informal staff review. The 138 unit plan met city code for parking, and needed waivers for height, density, setback, and open space. • March 20, 2012—Scott Carlston appeared at a workshop for a discussion about apartments and affordable housing. 1 • April 6, 2012—City receives land development application. The plan included 138 unit plan met city code for parking, and needed waivers for height, density, setback, and open space. • April 15, 2012— Scott Carlston withdraws the land development application. • May 4, 2012—City receives land development application. The 188 unit plan included waivers for parking (2.0 to 1.8/unit), height, density, setback, and open space. • June 7, 2012—City receives revised plans for Planning Commission packet. The 185 unit plan included waivers for parking (2.0— 1.65 spaces/unit), height, density, setback, and open space. • June 8, 2012—City staff prepares report to Planning Commission that states the report is based on plans submitted on May 4, 2012 and that staff had not reviewed the revised dated June 7, 2012. Staff report recommended a continuance to July 9th with direction to revise the plan to meet city code for parking and setbacks and provide an outdoor group useable open space area to include, for example, a swimming pool, outdoor seating, grills etc. • June 11, 2012—Planning Commission voted 4-2 to recommend approval of plans dated June7, 2012 • June 27, 2012—City receives revised plans for City Council, green roof eliminated,unit count increases from 185— 192. Building height lowered from 83 feet to 75 feet. Parking Survey City staff completed a survey of 24 opal tiiient buildings collecting information from property managers on enclosed and surface parking use. This was supplemented with staff surveys of surface parking. Approximately 70% of the property managers contacted indicated during peak periods that 100% of the available parking is used. During the time of the survey(June 13th-20th) the average number of parking spaces used was 1.81 spaces/unit. This leaves approximately 10% of the total spaces available for guest parking. There is an outlot across the street where a limited amount of proof of parking (10 -12 spaces) could be provided, but would require a wetland delineation to determine the amount of usable area meeting setback and buffer zone requirements. Based on this analysis staff feels that the proposed parking at 1.65 spaces per unit(or 1.7/unit if proof of parking is possible) is not adequate and the plan should be revised to meet the city code requirement of 2.0 spaces per unit with one enclosed. On-street Parking Stalls On-street parking stalls are proposed along the easterly and southerly portions of Cochran Lane adjacent to the proposed development. The validity or benefit of the parking stalls along the southerly portion of Cochran Lane is questionable due to the number of existing and proposed driveways located along this section of street. At a minimum it is recommended that the 5 easterly most parking stalls along the southerly portion of Cochran Lane be eliminated. In addition, the operation and maintenance of the parking stalls does create concerns for our public works staff particularly for snow removal which has not been fully reviewed. Staff needs to further review the operation and maintenance of the parking stalls and potentially define some 2 aspects of the operation and maintenance responsibilities (i.e. snow removal) as a property owner responsibility. Cochran Lane Termination The south end of Cochran Lane currently terminates with no turn-around or cul-de-sac. Although the condition has existed for approximately 10 years without documented issues the design does present the following challenges: 1) The design does not provide an adequate turn-around for snow plows and other maintenance vehicles. This requires special snow plowing patterns that present additional risk as compared to standard plowing patterns. In addition, on-street parking is proposed with the development plan which will further complicate snow plowing operations. 2) Vehicles that mistakenly attempt to exit to Mitchell Road at the south end of Cochran lane have no convenient or obvious turn-around to correct their route. This could result in vehicles turning around in the roadway or using the right-in access from Mitchell Road as an exit point. With this proposed development along with the adjacent proposed day are development a significant amount of additional traffic will be oriented to the south end of Cochran Lane increasing the potential that the existing termination of Cochran Lane will become a more noticeable issue in the future. As such the termination of Cochran Lane should be reviewed with the proposed development to determine if improvements to this condition can be reasonably made and incorporated into the development plans. For reference the previously approved Mitchell Crossing plan addressed this issue by providing an internal drive aisle that allowed vehicle to circulate back to the north end of Cochran Lane without requiring a turn-around. Rents At the City Council workshop, there was a discussion about including market rate affordable units (units that are affordable based on size without any subsidy). The proposal rental rate is $1.54 per square foot. A studio would be $924/month, 1 bedroom $1,155/month, and 2 bedroom $1,655/month. The city average rent for studio $690/month, one bedroom$858/month, and 2 bedroom $1,032/month. The highest rents in the city are at Watertower, one bedroom$1,065- 1,275/month, 2 bedroom $1,450— 1505/month. The Metropolitan Council's definition of"affordable housing"represents the upper limit of monthly rents and home-purchase prices for housing referred to in Framework policy as affordable to low- and moderate-income families. For units constructed in 2011 and beyond, the Council is using a consistent income limit of what a family of four with an income at or below 3 60 percent of area median income (AMI) can afford to pay in monthly housing costs for either rental housing or mortgage costs (including principal, interest,property taxes and home insurance). Affordable monthly rent would be studio - $882, one bedroom- $945, and 2 bedrooms - $1,134. Unit Mix City Unit Mix Mitchell Crossing Unit Mix 92 (2.1%) studio 39 (20.3%) studio 1584 (36.2%) 1 bedroom 56 (29.2%) one bedroom 196 ( 4.5%) 1 bedroom+ den 38 (19.8%) 1 bedroom+den 1890 (43.3%) 2 bedroom 44 (22.9%) 2 bedroom 433 ( 9.9%) 2 bedroom+ den 14 ( 7.3%) 2 bedroom+ den 145 ( 3.3%) 3 bedroom 0 3 bedroom 28 ( 0.6%) 3 bedroom+ den 0 3 bedroom+den 1 ( 0.5%) penthouse 4368 total units 192 total units Waivers Density from 17.4 to 60. 6 units per acre This density more appropriate in the Town Center or Golden Triangle areas identified in the redevelopment chapters of the comprehensive plan. The city has approved higher density apartments; Watertower—39.9 units/acre, Lincoln Parc—38.5 units/acre, Presbyterian homes— 55 units/acre. Setback from 35 feet to 19 feet All apartment projects meet the required front yard setbacks. The staff recommends that the plan be revised to meet setbacks to provide adequate green area to offset the building height and density. Parking from 2.0 to 1.60 spaces/unit The code requirement for Mitchell Crossing is 372 spaces. Mitchell Crossing has 308 parking spaces (1.5 spaces/unit on site and 1.65 spaces/unit when on street parking is included). If less parking is accepted on this project and actual usage is higher, parking will occur on other private property in the area. The staff recommends that the plan be revised to meet the city code requirement of 2.0 spaces per unit. Height from 45 to 75 feet The tallest are Water Tower 50 feet, Lincoln Park 54 feet, and Park at City West 48 feet. If the plan is revised to meet setbacks the staff is comfortable with the building height. 4 Gross Site Area per unit from 2,500 to 718 sf/unit 2,500 square feet per unit is equivalent to city code density of 17.4 units per acre. Water Tower and Lincoln Park are zoned commercial (housing in a commercial building is permitted by PUD) so this requirement is not applicable and the sites are subject to floor area ratio. Both sites received waivers for floor area from .40 to 1.17. The Park at City West is 2040 gross site area per unit. In order to meet this 2500 square feet of land requirement the density of the project cannot exceed 17.4 units per acre. Staff is comfortable with less site area per dwelling provided the plan is revised to meet setbacks. Staff Recommendations The staff recommends the project be continued with direction to: • Revise the plans to meet setbacks. • Revise the plan to meet parking requirements and review the need and location of the on- street parking. • Evaluate the termination of Cochran Lane and incorporate any recommended modifications into the revised plans. If the City Council decides to recommend approval of the project, it should be conditioned on the following requirements. • Prior to approval of the Developer Agreement the termination of Cochran Lane shall be evaluated and any recommended modifications should be incorporated into the plans. • A development agreement condition is provide a revised plan to eliminate the 5 easterly most parking stalls along the southerly portion of Cochran Lane. • A development agreement condition is the Developer and/or Property Owner will be responsible for the snow removal for all on-street parking spaces on Cochran Lane. • Prior to release of the final plat, the proponent shall submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District and Pay all City sewer and water assessment and connection fees. • Prior to grading permit issuance, the proponent shall notify the City and Watershed District 48 hours in advance of grading. • Prior to building permit issuance for the property, the proponent shall submit samples of exterior materials, a landscape plan, and landscape surety for review and approval. The 120-Day Review Period Expires on August 31, 2012. Planning Commission Recommendation The Planning Commission voted 4-2 to recommend approval of the project at the June 11, 2012 meeting. 5 Attachments 1. Resolution GPC 2. Resolution PUD Concept 3. Resolution Preliminary Plat 4. PC Staff Report dated June 8, 2012 5. Staff Report dated July 2, 2012 6. Parking Survey Results 7. Eden Prairie Apartment Map 8. Apartment Parking Study 9. Apartment Information Guide 06/25/12 10. Met Council Ownership and Rent Limits 11. Location Map 12. Land Use Map 13. Zoning Map 14. Aerial photo 15. Planning Commission Minutes June 11, 2012 6 MITCHELL CROSSINGS 2012 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012- A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS,the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan ("Plan"); and WHEREAS,the Plan has been submitted to the Metropolitan Council for review and comment; and WHEREAS,the proposal of Mitchell Crossings 2012,by Eden Prairie Development, LLC is for a change from Community Commercial to High Density Residential; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby adopts the amendment of the Plan subject to Metropolitan Council approval as follows: Community Commercial to High Density Residential. ADOPTED by the City Council of the City of Eden Prairie this 17th day of July 2012. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2012- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF MITCHELL CROSSINGS 2012 FOR EDEN PRAIRIE DEVELOPMENT,LLC WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on June 11, 2012, on Mitchell Crossings 2012 by Eden Prairie Development, LLC and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on July 17, 2012. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Mitchell Crossings 2012, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated June 27, 2012. 3. That the PUD Concept meets the recommendations of the Planning Commission on June 11, 2012. ADOPTED by the City Council of the City of Eden Prairie this 17th day of July 2012. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD Concept- Mitchell Crossings 2012 Legal Description: PARCEL 1: OUTLOT A, MITCHELL CROSSING 2ND ADDITION, HENNEPIN COUNTY, MINNESOTA. PARCEL 2: OUTLOT B, MITCHELL CROSSING, HENNEPIN COUNTY, MINNESOTA. PARCEL 3: LOT 1, BLOCK 1, EDENVALE RECREATION CENTER 2ND ADDITION, HENNEPIN COUNTY, MINNESOTA, EXCEPTING THEREFROM,THAT PART OF LOT 1, BLOCK 1, LYING SOUTHERLY OF THE EASTERLY EXTENSION OF THE NORTH LINE OF LOT 2, BLOCK 1,THE NORTHERLY LINE OF LOT 2, BLOCK 1, EXTENDED EASTERLY TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF LOT 2, BLOCK 1, EXTENDED NORTHERLY ALL IN EDENVALE RECREATION CENTER 2ND ADDITION; AND EXCEPTING THEREFROM THAT PART OF LOT 1, BLOCK 1, LYING EASTERLY OF THE NORTHERLY EXTENSION OF THE WEST LINE OF LOT 3, BLOCK 1,AND SOUTHERLY OF A LINE PARALLEL WITH AND TEN (10')FEET NORTHERLY OF THE NORTH LINE OF LOT 3, BLOCK 1,AND WESTERLY OF A LINE PARALLEL WITH AND THIRTY(30') FEET EASTERLY OF THE NORTHERLY EXTENSION ❑F THE WEST LINE OF LOT 3, BLOCK 1, AND NORTHERLY OF THE NORTH LINE OF LOT 3, BLOCK 1,ALL IN EDENVALE RECREATION CENTER 2ND ADDITION; AND EXCEPTING THEREFROM THAT PART SHOWN AS PARCEL 93 ON MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NUMBER 27-91, FILED IN THE OFFICE OF THE HENNEPIN COUNTY RECORDER, ON APRIL 29, 1999,AS DOCUMENT NO. 6888395. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2012- RESOLUTION APPROVING THE PRELIMINARY PLAT OF MITCHELL CROSSINGS 2012 FOR EDEN PRAIRIE DEVELOPMENT,LLC BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of Mitchell Crossings 2012 for Eden Prairie development, LLC, stamp dated June 27, 2012, and consisting of 3.08 acres into one lot, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 17th day of July, 2012. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: June 8, 2012 PROJECT: Mitchell Crossings 2012 LOCATION: East of Mitchell Road and North of Highway 5 APPLICANT Eden Prairie Development, LLC OWNER: France Development, LLC 120 DAY REVIEW: Expires September 1, 2012 REQUEST: 1. Guide Plan Change from Community Commercial to High Density Residential on 3.098 acres 2. Planned Unit Development Concept Review on 3.098 acres 3. Planned Unit Development District Review with waivers on 3.098 acres 4. Zoning District Change from Community Commercial to RM-2.5 on 3.098 acres. 5. Preliminary Plat of 3.098 acres into one lot. 6. Site Plan Review on 3.098 The Staff Report was written based on plans submitted on May 4, 2012. On June 7, 2012 the applicant submitted revised plans with changes to the parking, number of units, and building height. Staff has not reviewed the revised plans. BACKGROUND The approved plan for this property are two commercial buildings with retail on the first floor and 59 housing units above. PROJECT This project is a 5 story building with 188 market rate apartment units above 2 levels of parking at a density of 61 units per acre. Staff Report—Mitchell Crossings 2012 June 8, 2012 Page 2 GUIDE PLAN CHANGE This site has been guided Community Commercial since 1977. Over the years there have been various approvals for different types of retail, of which only the convenience gas station gas been built. In 2006 the City approved Mitchell Crossings with 57 senior units above as part of a PUD. Between 2010 and 2030 the guide plan indicated an increase of 8,000 housing units. A total of 3,643 units are planned for the Town Center and 2,680 for Golden Triangle. The remaining 1,677 units are planned in areas guided low and medium density residential. The proposed density at 60 units per acre is more appropriate in the Town Center or Golden Triangle areas identified in the redevelopment chapters of the comprehensive plan. PLANNED UNIT DEVELOPMENT WAIVERS The following waivers are requested through the Planned Unit Development: Density from 17.4 to 60.6 units per acre. This density more appropriate in the Town Center or Golden Triangle areas identified in the redevelopment chapters of the comprehensive plan. The city has approved higher density apartments Watertower—39.9 units/acre, Lincoln Parc—38.5 units/acre are currently in the Town Center Area. Presbyterian homes—55 units/acre in the MCA density of 50-75 units/acre. Parking from 2.0 to 1.8 spaces per unit. All apartment projects built and approved in the City are parked at a ratio of 2.0 units per acre. Staff surveyed 8 similar size suburban cities which have a ratio of 2 or more spaces per unit. St Louis Park is 1.5 spaces per unit but is in the process of updating the code since there are parking problems at apartment sites. The applicant provided data from Steven Scott Management, Inc which manages two apartment projects located in Minnetonka and Edina. The projects were approved at 1.89 and 2.0 parking spaces per unit and have a parking utilization at 1.39 and 1.32 parking spaces per unit. The applicant also provided parking data based on the Institute of Traffic Engineers (ITE) Parking Generation rate for 7 study sites with an average size of 435 units in a central city with a parking demand of 1.38 vehicles per unit. The data was collected in Chicago (1969, 1978) and San Diego (1996). Since the data set is limited and does not contain suburban data, the staff does not consider it a valid comparison. A decision to provide less parking than the code requirement would normally occur with a code amendment on parking. Front yard structure setback from 35 feet to 21 feet along Cochran Road, to 19 feet along Mitchell Road. All apartment sites with higher densities are built or approved at the required 35 foot front yard setback. Staff Report—Mitchell Crossings 2012 June 8, 2012 Page 3 Building height from 45 feet to 83 feet. Water Tower(54 feet) and Lincoln Parc (54 feet) are located in the Town Center area. Presbyterian Homes (153 feet) is located in the MCA where taller buildings are anticipated. Site area per dwelling unit from 2,500 sf to 718 sf. Water Tower, Lincoln Parc, and Presbyterian Homes have 700-900 sf per dwelling unit. LANDSCAPING The amount of landscaping required is based on the square footage of the buildings or a total of 484 inches. The plan meets this requirement. ARCHITECTURE The project meets the required exterior material requirement for 75% face brick, glass, or natural stone. STAFF RECOMMENDATIONS Recommend a continuance to July 9, 2012 meeting with direction to revise the plan as follows: • Revise the plans to meet setbacks. • Revise the plan to meet parking requirements. • Revise the plan to provide an outdoor group useable open space area to include, for example, a swimming pool, outdoor seating, grills etc. STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: July 2, 2012, 2012 PROJECT: Apartment Parking Survey SURVEY Planning staff completed a survey of 24 apartments between June 13 and 20, 2012 to gather information on indoor and surface parking use. The survey include phone calls to property managers and field surveys of surface parking use. APARTMENT UNIT MIX 92 (2.1%) studio 1584 (36.2%) 1 bedroom 196 (4.5%) 1 bedroom+ den 1890 (43.3%) 2 bedroom 433 (9.9%) 2 bedroom+ den 145 (3.3%) 3 bedroom 28 (0.6%) 3 bedroom+ den 4368 total units PARKING SURVEY RESULTS • 1.81 spaces per unit occupied(average) • .19 space per unit not occupied(average) • Lowest occupancy Broadmoor 1.23 spaces per(unit sizes small 370 sf studio, 420 sf 1 bedroom) • Highest occupancy Olympic Place 1.99 spaces/unit • 70% of survey respondents indicate that at any given time all of the spaces can be occupied. There are more spaces occupied during the winter. PARKING SPACE SURVEY RESULTS 5:45-6:16 AM 6-13-12 Apartment Name Units Inside Outside Open Surface sp. Ratio Lincoln Parc 186 243 129 21 1.88/unit Water Tower 222 390 54 24 1.89/unit Bluffs at Nine Mile Creek 186 287 85 2 1.98/unit Broadmoor 235 76 289 45 1.23/unit* Fountain Place 490 490 507 41 1.91/unit Park at City West 288 288 280 56 1.89/unit *Broadmoor units were built in the late 70's for senior assisted living with very small units and a large common area. It was converted to apartments in the mid 80's. The units are small compared to the market. Studios are typically 600 sf and 1 bdrms are 800 sf. 2 bdrms are 1,000 sf. This might explain the low parking ratio Studio (29) 370-420 sf 1 bdrm(146) 570 sf 1 bdrm+ (10) 670-802 sf 2 bdrm(1) 742 sf 2 bdrm+ (46) 760-802 sf 3 bdrm(3) 1200 sf 6:00 - 6:20 AM 6-14-12 Apartment Name Units Inside Outside Open Surface sp. Ratio Eden Place 496 564 428 195 1.82/unit Eden Glen 70 70 70 35 1.75/unit Edenvale 138 374 138 80 1.78/unit Parkway 365 365 365 201 1.74/unit PARKING SPACE SURVEY RESULTS (continued) 6:00-6:25 AM 6-17-12 Apartment Name Units Inside Outside Open Surface sp. Ratio Eden Commons 186 196 196 22 1.95/unit Lake Place 138 158 121 42 1.85/unit Neil Lake 84 84 84 47 1.83/unit Burning Tree 66 66 66 35 1.74/unit Chestnut 186 186 186 33 1.92/unit 10:00-11:00 PM 6-17-12 Apartment Name Units Inside Outside Open Surface sp. Ratio Sterling Ponds 56 56 56 30 1.73/unit Prairie Meadows 168 202 168 60 1.84/unit Baypoint 152 152 152 50 1.84/unit Preserve Place 77 87 67 30 1.81/unit Olympic Ridge 143 160 179 36 1.99/unit 5:30 AM 6-19-12 Apartment Name Units Inside Outside Open Surface sp. Ratio Briarhill 126 126 128 36 1.86 5:30 AM 6-20-12 Apartment Name Units Inside Outside Open Surface sp. 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Parkway 6. Chestnut 19. Prairie Meadows 7. Chestnut II 20. Preserve Place 8. Eden Commons 21. Quail Ridge ' 9. Eden Place 22. Shadow Green N 10. Edenglen 23. Sterling Pond E D E N 11. Edenvale 24. Water Tower A PRAIRIE 12. Fountain Place C•W1Rd•1AfR 13. Lake Place 0 0.5 1 2 MLA up date 06-29-12 City Staff Apartment Parking Study Survey Dates:6-14-2012,6-15-2012,6-18-2012,6-19-2012 Numbers in this column are mostly Numbers highlighted in red are the based personal Numbers in this column observationthe the original numbers on planning files. are based on accurate apartment management. Numbers in black are the numbers records provided by the There in not any accurate received from apartment managers apartment data available for an exact on the survey dates. management. number of outdoor parking. r — r ' Total Number of Surface Apartment Complex Address Unites Iindoor Parking Occupied Parking Occupied Notes 152-101-Indoor parking 152-They don't 11185 Anderson is not covered by rent have an exact No designated guest parking.Guest uses the surface Baypoint Manor Lakes Pkway 152-114 and they charge$50 99%number 99%parking 7475 Flying Cloud 3 for future residents-No designated guest parking,they Bluffs at Nine Mile Creek(The) Drive 186 309-244 98% 85 85%use the unassigned outdoor parking They have a permit parking for guests,which is always 7021 Woodland full.Thy have an overflow parking for units with more Briar Hill Drive 126 126 Detached Garages 100% 128 99%than 2 cars,and that is always almost full. They don't have 635 Prairie Center an exact No designated guest parking.Guest uses the surface Broadmoor of EP Drive 235 80 84%number 80%parking 14001 Chestnut No designated guest parking.Guest uses the surface Burning Tree West Drive 66-64 66-64 100% 114 78%parking 100%full.Some people use their spot for storage and some people 159.There are some park their cars. No designated guest parking.Guest uses the surface stalls underground and Some people use it parking.They are working on adapting a policy for some detached for storage and They don't have guest/resident parking permits because a lot of people 14000 Chestnut garages.Every unit has then park their car an exact use their indoor spaces for storage and the lots are Chestnut Drive 159 a spot in the outdoor lots. number 100%always full No designated guest parking.Guest uses the surface Eden Commons 8520 Gwenth Lane_ 196 196-200 88%196-250 80%parking No designated guest parking.Guest uses the surface 428,They don't parking.The manager was concerned about the street 100%in Winter, have an exact Couldn't give any parking indicating that there is not enough spaces on the Eden Place 13000 Dahlia Circle I496-508 564 95%in Summer number estimation street 70-73.1 of which is There is no designated guest parking.There is high designated handicapped demand for indoor parking,a lot of units have more than parking and 2 are being 1 car,so the management encourages the residents that rented to residents that 72.70 regular don't have a car or don't use their indoor parking to rent 13670 Valley View need additional parking parking,2 out their indoor spot to others that need more than 1 Edenglen Road 70($50) 100%handicapped 60%spot.1 spot for each unit is covered by rent 13700 Valley View No designated guest parking.Guest uses the surface Edenvale Road 174 174-171 97% 190 75%parking Page 1 Total Number of Surface Apartment Complex Address Unites Indoor Parking Occupied Parking Occupied Notes 491-510.Indoor parking is not covered by rent and they charge Winter 99%full, No designated guest parking.Guest uses the surface Fountain Place 8560 Magnolia Trail 490-500 $50 summer 70%full 507 80%parking Overall the property manager said that most of the year the buildings are full and there is not enough indoor 11445 and 11447 parking for all the units Also some people have more Lake Place(Neil Point) And.LK.Pkwy 138 158-135 100% 121 70%than 1 car 367-361 .234 Spaces are for residential and the rest(127)is for commercial.Each unit gets 1 space included in the rent but additional 12100 Singletree parking is being rented Winter 100%full, There is not enough parking spaces in the outdoor Lincoln Parc Lane 186$60 summer 90%full 129 100%parking lot,so some people have to park on the street. There is not enough indoor parking for all the units and 11011 Anderson some people also have additional cars. No designated Neill Lake Lakes Parkway 84)84-81 100% 84 60%guest parking.Guest uses the surface parking 160.Detached garages. 1 for each unit covered No designated guest parking.Guest uses the surface Olympic Ridge* 11837 Harvest Lane 143 by rent 100% 179 80%parking 6418 City West No designated guest parking.Guest uses the surface Park at City West Parkway 288 288-282 100%288-280 60%parking 365- There are 75-80 parking stalls in each building.Total of 5 buildings.The total indoor parking ranges from 375-400.It is included in rent,there are 3-5 additional spaces available in each 365-They don't 13905 Chestnut building.They rent out have an exact 'No designated guest parking.Guest uses the surface Parkway Drive 365-375 these spaces for$60. 100%number 75%parking 168-They don't The upper lot is have an exact usually a 100%full. No designated guest parking.Guest uses the surface 11205 Westwind 89%in Winter, number.But The lower lot usually parking.Residents and guest need parking permit to park Prairie Meadows Drive 168 202-169 83%in Summer there are 3 lots. 94%full. 'outside from 11 pm-7am 67-They don't 11100 Anderson have an exact No designated guest parking.Guest uses the surface Preserve Place Lakes Parkway 77 87-82 100%number 90%to 100% parking Page 2 Total Number of Surface Apartment Complex Address Unites Indoor Parking Occupied Parking _Occupied Notes Quail Ridge(file name EP No designated guest parking.Guest uses the surface apartments) 7365 Howard Lane 108 126-108 99% 96 50%parking 181-The top level of the parking ramp is considered the There are 40-50 small lots through the whole property 14151 Valley View 187-182 This is a ramp outdoor and those spots are usually full a 100%(both guests and Shadow Green Road 182 with 3 levels 75%parking. 75%residents use that) Sterling Ponds(Family) 16315 Wagner Way 56 56 56 428-417 total.There Reserved parking are 228 reserved is occupied at a parking for each unit 100%rate. and the rest(189)are Additional parking The outdoor parking is share with Old Chicago after 5pm. 12300 Singletree additional parking that is occupied at a No designated guest parking.Guest uses the surface Water Tower(The) Lane 223-228 are being rented$50 19%rate 108-104 50%parking Total Rate 95.60% 78.00% 1 Page 3 City Staff Apartment Parking Study #of Site Density Parking Parking Parking Parking Space Zoning Total h studio 1 bdrm 1 bdrm+ 2 bdrm 2 bdrm+ 3 bdrm 3 bdrm+ stories Acres Density Indoor Surface Total Use Ratio of units Baypoint Manor RM-2.5 152 24 128 4 8.75 17.35 152 152 304 1.74 Bluffs at Nine Mile Creek(TIRM-2.5 186 67 14 55 28 8 14 4 10.1 18.1 309 85 394 1.98 Briar Hill RM-2.5 126 32 66 28 3 10.1 18.1 126 128 254 1.86 Broadmoor of EP RM-2.5 235 29 145 10 47 3 1.23 Burning Tree West RM-2.5 66 26 8 28 4 2 7.08 9.32 66 114 180 1.74 Chestnut RM-2.5 120 15 60 15 24 6 1.92 Chestnut II RM-2.5 39 3 33 3 4 9.16 17.4 39 39 78 1.92 Eden Commons RM-2.5 196 114 14 68 3 12.56 15.6 196 196 392 1.95 Eden Place 496 200 152 144 4 564 428 1060 1.82 Edenglen RM-2.5 70 18 49 3 3 4.7 14.8 70 72 142 1.75 Edenvale RM-2.5 174 58 116 3 16.72 10.4 174 190 364 1.78 Fountain Place RM-2.5 490 158 332 4 29.3 16.72 491 507 998 1.91 Lake Place(Neil Point) RM-2.5 138 30 21 63 15 9 3 9.1 15.1 158 121 279 1.85 Lincoln Parc RM-2.5 186 30 16 12 104 24 4 4.83 38.5 367 129 496 1.88 Neill Lake RM.25 84 6 30 36 12 3 5.74 14.6 84 84 168 1.83 Olympic Ridge* RM-2.5 143 8 46 71 18 2 15.18 9.42 160 179 339 1.99 Park at City West RM-2.5 288 18 102 42 126 4 13.43 24.4 288 288 576 1.89 Parkway RM-2.5 365 105 260 3 35.9 10.17 365 365 730 1.74 Prairie Meadows RM-2.5 168 11 38 98 7 14 2 or 3 9.33 18 202 168 370 1.84 Preserve Place RM-6.5 77 21 24 24 8 3.84 20 87 67 154 1.81 Quail Ridge(file name EP a RM-2.5 108 41 9 58 6.7 16.7 126 96 216 1.77 Shadow Green RM-2.5 182 16 56 75 8 27 13.02 13.8 187 181 368 1.76 Stering Ponds(Family) RM-2.5 56 29 27 3.3 16.9 56 56 112 1.73 Water Tower(The) C-Comn' 223 164 59 5.59 39.9 428 108 536 1.86 Total 4368 92 1570 206 1890 436 145 28 1.81 average 0 Name/Manager Phone Address General Information Total Units Units Bedrooms Rent Ranges CITY OF EDEN PRAIRIE APARTMENT INFORMATION GUIDE (Contact apartment management for current information on rents,utility costs and amenities) Name/Manager Phone Address General Information Total Units Units Bedrooms Rent Ranges 1 BAY POINT LAKE (952)829-0098 11185 Anderson • Do not accept Section 8 Vouchers 117 16 1 $725-$1000 Lakes Parkway • Built in 1984 6 1 +Den • Market Rate Rents 88 2 • 3-6 handicap units 4 2+Den 3 2 X-Large 2 BLUFFS AT NINE MILE (952)943-0050 7475 Flying • Accepts Section 8 188 4 Studios(Sec 42) $686 CREEK,THE Cloud Drive • Low Income units 48 1 (Section 42) $720 • Market Rate Rents 18 1 $1110-1250 • 63-Section 42 Units 110 1 +Den $1150-1340 • 5 handicap units 10 2(Section 42) $858 12 2+1 bath $1300-1425 8 2+Den $2000 4 3 $2000 3 BRIARHILL (952)937-1735 7021-7059 • Do not accept Section 8 Vouchers 126 32 1 30%of Woodland Drive • Project Based Section 8 66 2 income • Built in 1975 28 3 • 7 Wheel Chair accommodation +Town homes units • 3 -5 year waiting list 4 BROADMOOR OF EP (952)944-2432 635 Prairie Center • Accept Section 8 Vouchers 240 4 Elcove $599 Drive • Built in 1978-88 Condos Studio $670 • Market Rate Rents 1 $699 • Handicap Accommodation 2+ 1.5 baths $875 2+2 baths $895 5 BURNING TREE WEST (952)934-5109 14042 Chestnut • Do not accept Section 8 Vouchers 64 26 1 $765 Drive • Built in 1982 8 1 +Den $800 • Market Rate Rents 28 2 $860 • SMOKEFREE BUILDING 3 2+Den $900 Updated 6-25-12 Page 1 P g Name/Manager Phone Address General Information Total Units Units Bedrooms Rent Ranges 6 CHESTNUT APARTMENTS 14000-14056 • Do not accept Section 8 Vouchers 159 15 Studio $749 952-937-2400 Chestnut Drive • Built in 1973 60 1 $869-889 • Market Rate Rents 39 1 +Den $1000 • SMOKEFREE BUILDING 6 2 $999-1199 2+Den/Loft $1199 3 $1199 7 COLONY AT EDEN* (952)828-9500 431 Prairie Center T Assisted Living 142 14 Studios $2625 PRAIRIE THE Drive • Built in 2002 Apt.Homes 1 bdrm. $2625-3125 • All Senior Units 4 1 +Den $2825-3125 • Waiting list for subsidized units 73 2 bdrm. $2825-3525 6 Memory $4225-4425 45 Support Care Suites(24 $290-300/day hour care) 8 COLUMBINE (952)914-0446 8621 Columbine • Accept Section 8 Vouchers 2 3 2 $1024 TOWNHOMES Rd. • All units subsidized 3 $1180 • Built in 1996 4 $1267 9 EDENDALE RETIREMENT (952)934-5016 16700 Main Street • 62+age requirements 60 60 1 30%of • Project-Based Section 8 income • Built in 1983 • 5 handicap units • Estimated 3 month waiting list • SMOKE FREE BUILDING 10 EDENGLEN APARTMENTS (952)937-8337 13670 Valley • Accept Section 8 Vouchers 70 3 1-handicap $789-809 View Road • Built in 1985 15 1 $789-809 • Market Rate Rents 49 2 $889-939 • 3 handicap accessible units 3 3 $1330 11 EDENVALE APARTMENTS (952)934-8534 13700 Valley • Do not accept Section 8 Vouchers 174 42 1 $839-1360 View Road • Built in 1983 9 1 +Den rent ranges • Market Rate units 3 2 • 9 handicap accessible units 112 3 • Pet friendly • SMOKE FREE BUILDING Updated 6-25-12 Page 2 Name/Manager Phone Address General Information Total Units Units Bedrooms Rent Ranges 12 EDEN COMMONS (952)941-0811 11605 Wilder • Do not accept Section 8 Vouchers 196 114 1 $795-905 Drive • Built in 1986 14 1 +Den $945-965 • Market Rate Rents 68 2 $995-1125 • Pet friendly • SMOKEFREE 13 EDEN PLACE (952)944-2237 13000 Garden • Do not accept Section 8 Vouchers 508 8 Studio and 1 Call for info Lane • Built in 1986 205 2 • Market Rate Rents 152 2+Den • Some handicap Accessible 142 3 • Pet friendly 8 14 ELIM SHORES* (952)934-3005 7900 Timber • Do not accept Section 8 Vouchers 64 36 1 $1064-1115 Lakes Drive • Built in 1990 16 1 w/deck $1345-1362 • lenior Rental/Assisted Livid' 12 2 $1634-1860 Units Available 15 FOUNTAIN PLACE (952)941-0685 8564 Magnolia • Accepts Section 8 Vouchers 490 20 1-handicap $830 Trail • Built in 1988 143 1 $830-900 • Market Rate Rents 347 2 $950-1250 • 1 unit handicap accessible • SMOKE FREE BUILDING 16 GRANITE PLACE (952)941-5949 11011 Anderson • Accepts Section 8 Vouchers 84 6 Studio $685-700 APARTMENTS Lakes Parkway Built in 1976 30 1 $785-825 • Market Rate Rents 36 2 $925-959 12 3 $1225-1259 17 HILLS OF EDEN PRAIRIE, (952)941-2230 7000 Chesapeake • Do not accept Section 8 Vouchers 37 Town 22 3 $1495-1795 THE Built in 1997 Homes 15 4 $1995-2400 • Market Rate Rents Updated 6-25-12 Page 3 Name/Manager Phone Address General Information Total Units Units Bedrooms Rent Ranges 18 LAKE PLACE (952)941-9129 11445 Anderson • Do not accept Section 8 Vouchers 156 27 1 $875-985 APARTMENTS Lakes Parkway Built in 1988 77 2 $1060-1110 • Market Rate Rents 37 3 $1340-1495 • 6 Handicap Accessible Units 15 Town Houses $1750-1850 19 LINCOLN PARC,THE (952)746-1228 12100 Singletree • Accept Section 8 Vouchers 186 50 1 $995-1040 RESIDENCE (952)746-1232 Lane, Suite 100 • All units subsidized(20%) 2 $1225 • Built in 2001 20 2+Den $1275-1425 • Waiting list for subsidized units 80 3 $1385-1520 (approx.2 years) 36 • 10 handicap units 20 OLYMPIC RIDGE 11863 Harvest • Do not accept Section 8 Vouchers 143 8 1-handicap $790-830 (952)646-3524 Lane • Built in 1987 46 1 $765-805 • Market Rate Rents 71 2+ 1 bath $900-960 (952)942-8000 • 9 Handicap Units 18 2+ 1.75 Baths $999-1050 3 $1195-1215 21 PARK AT CITY WEST,THE (952)922-1000 6426 City West • Do not accept Section 8 Vouchers 288 18 Studio $730 Parkway • Built in 1986 102 1 $825-895 • Market Rate Rents 42 1 +Den $925 • 12 handicap units 114 2 $995-1020 22 PARKWAY APARTMENTS (952)937-0677 13900& 13905 • Do not accept Section 8 Vouchers 375 14 1-ADA $856 Anderson Lakes • Built in 1986 71 1 $870-925 Parkway • Market Rate Rents 11 1 +Den $910-975 48 2+ 1 Bath $930-985 198 2+2 Baths $950-1045 9 2+Den $1180-1250 24 3 $1390-1425 23 PRAIRIE MEADOWS (952)941-5544 11345 Westwind • Project-Based Section 8 168 11 1 30%of income Drive • Built in 1978 136 2 • Waiting list currently closed 7 3 24 PRESERVE PLACE 11100 Anderson • Accept Section 8 Vouchers 77 21 1 $790 (952)942-0881 Lakes Parkway • Built in 1988 24 2 $880-900 • Market Rate Rents 24 2+2 bath $925-950 • 3 handicap units 8 3 $1250 Updated 6-25-12 Page 4 Name/Manager Phone Address General Information Total Units Units Bedrooms Rent Ranges 1 25 PURGATORY CREEK 612-747-0467 7435 Mitchell • Accepts Section 8 Vouchers 32 8 2 $777 TOWNHOMES Road • All units subsidized 18 3 $890 • Built in 1998 6 4 $987 26 QUAIL RIDGE (952)934-3588 7376 Howard • Do not accept Section 8 Vouchers 108 41 1 $730-780 APARTMENTS Lane • Built in 1986 9 1 +Den $840-880 • Market Rate Rents 58 2 $900-960 • 5 handicap units 27 REGENCY PARC (952)903-9200 6542 Regency Ln #200,Eden Prairie,MN _ 28 SHADOW GREEN (952)937-2107 14247& 14255 • Do not accept Section 8 Vouchers 182 16 Studio $605-675 Valley View Road • Built in 1973 56 1 $645-685 • Market Rate Rents 75 2 $725-775 • SMOKE FREE BUILDING 35 3 $925-1080 29 STERLING PONDS (952)949-0804 16315Wagner • Accept section 8 vouchers 112 29 1 $845 Way • Built in 1990 12 1 +Den $950 • Senior 55+ 27 2 $950 • Market Rate Rents 12 2+2 bath $975 55+rents $755-865 30 STERLING PONDS* (952)949-0804 16355 Wagner • Accept Section 8 Vouchers 56 34 1 $695 Way • All units subsidized 22 1 +Den $845 Senior Building 2 $845 31 SUMMIT PLACE* (952)995-1005 8625 Flying Senior and Assisted Living 160 Apt 32 lbdrm $1661-1860 Cloud Drive • Built in 2002 Units& 10 31 lbdrm+Den $2199-2382 Highway 212 @ • Market Rate Rents Town 45 2brdm $2405-3424 Fountain Place • Call for affordable unit homes 6 3bdrm $3915 Developer: availability 40 Studio/lbdrm $797-837 Silvercrest • 3 Town-homes Properties,LLC 10 Studios $2371-2798 Asst. lbdrm $2791 Living 2bdrm $2966-3517 1st floor suites $3954-4157 Memory 2nd floor: $2633-2755 Care Studios $3188 Updated 6-25-12 Page 5 Name/Manager Phone Address General Information Total Units Units Bedrooms Rent Ranges lbdrm 1 $3357-3784 2bdrm $4284-4482 Respite Suite $2245 32 SW STATION CONDOS 952-906-0808 13560 • Do not accept Section 8 Vouchers 237 155 units Studio $850-1000 Technology Dr • Built in 2005 owned 1 bedroom $1000-1150 Eden Prairie,MN • Market Rate Rents 1 bed+den $1150-1300 55344-2223 2 bed $1300-1600 33 TANAGER CREEK (952)934-2300 Edenvale Blvd. • Do not accept Section 8 Vouchers 185 109 2 $1065-1585 6502 Kingfisher • Built in 1986 76 3 $1260-1850 Lane • Market Rate Rents • 9 handicap units 34 WATER TOWER (952)944-8555 12300 Singletree • Do not accept Section 8 Vouchers 228 141 1 $1065-$1275 APARTMENTS Lane • Built in 2004 23 1+Den $1280 • Market Rate Rents 40 2 $1450-$1505 • 4 handicap units 24 2+Den $1450-$1480 35 WINDSONG APARTMENTS (952)934-8768 8254 Windsong • Do not accept Section 8 Vouchers 70 70 2 $995-1095 Drive • Built in 1987 • Market Rate Rents • Indicates Senior Housing KEY/DESCRIPTIONS: Market Rate Rents: Rents that are determined by apartment owners (not subsidized) Project-Based Section 8: Units subsidized by the Department of Housing and Urban Development(HUD)where tenants pay 30% of their income toward rent. The subsidies stay with the units or project(Project-Based). To quality for Section 8, incomes must be less than 50% of the median income for the metropolitan area as determined by HUD. For information on current HUD income limits call the Metropolitan HRA at 651-602-1428. www.HUD.gov Updated 6-25-12 Page 6 Name/Manager Phone Address General Information Total Units Units Bedrooms Rent Ranges Section 8 Vouchers: Tenant-Based form of subsidies provided by HUD through various local Housing &Redevelopment Authorities (HRA). Vouchers allow tenants to live in Market-Rate developments and have their rents subsidized so that they pay 30% of income toward rent. Apartment owners do not have to accept Section 8 Vouchers—the above list indicates which developments do. For more information regarding Section 8 Vouchers contact the Metropolitan HRA at 651- 602-1311 or visit www.housinglink.org. The City of Eden Prairie does not provide Section 8 Vouchers. Other Subsidized Units: Some projects are financed by various public agencies (including Eden Prairie) in order to make rents more affordable. This is the case for all projects listed above that say: "All units subsidized." Rent levels in these projects vary depending on the type. Updated 6-25-12 Page 7 Information Item Community Development Committee CMeeting date: February 21, 2012 ADVISORY INFORMATION Date: February 14, 2012 Subject: Livable Communities Act - Ownership and Rent Affordability Limits 2012 District(s), Member(s): All Policy/Legal Reference: Livable Communities Act, Minnesota Statute 473.25 Staff Prepared/Presented: Beth Reetz, 651-602-1060 Libby Starling, 651-602-1135 Division/Department: Community Development / Livable Communities Proposed Action None. Information only. Overview The Council's definition of"affordable housing" represents the upper limit of monthly rents and home-purchase prices for housing referred to in Framework policy as affordable to low- and moderate-income families. These income limits for determining affordability have been a part of the foundation for goals negotiations and monitoring of goals progress with Livable Communities Act (LCA) participating cities since 1995, and have been the basis for counting all new affordable units in the housing stock, i.e., all new publicly-assisted and market rate units affordable to low-and-moderate income households. For units constructed in 2011 and beyond, the Council is using a consistent income limit of what a family of four with an income at or below 60 percent of area median income (AMI) can afford to pay in monthly housing costs for either rental housing or mortgage costs (including principal, interest, property taxes and home insurance). This level is also consistent with the preference adopted in 2001 by the Local Housing Incentives Account Additional Metropolitan Housing Implementation Group (MHIG) Funding Criteria for funding homeownership units affordable at 60 percent of area median income. Through 2010, the Council had identified a purchase price ceiling or target maximum price for owner-occupied homes based on what a family of four with an income at or below 80 percent of AMI could afford at prevailing interest rates. For affordable rental units, the Council had previously used the maximum monthly rents affordable for households at 50 percent of AMI. i Area Median Income for a family of four, 2012 Minneapolis-St. Paul Metropolitan Statistical Area U.S. Department of Housing and Urban Development Area median income $83,900 60% of area median income $50,340 30% of area median income $25,170 Applying an interest rate on a 30-year fixed-rate home loan of 3.875 percent for 2012 and other payment factors' to the 60 percent of area median income amount adjusted for a family of four ($50,340), yields an affordable purchase price of $171,500 in 2012. This compares to a 2010 purchase price limit at 60 percent of area median income of $179,100 and a 2011 limit of $160,250. (Changes were made between 2010 and 2011 in the assumptions of debt-to-income ratios and mortgage insurance costs to reflect current standards in Federal Home Administration underwriting.) To implement the Livable Communities Act in 2012, the Metropolitan Council will use as the upper limit of affordability for ownership purchase price and monthly rents, the following dollar amounts: 2012 HOMEOWNERSHIP Household Income Level: Affordable Home Price 60% of area median income ($50,340) $171,500 30% of area median income ($25,170) $78,000 2012 RENTAL HOUSING Bedroom size: Monthly gross Monthly gross Monthly gross rent including rent including rent including tenant-paid tenant-paid tenant-paid utilities, utilities, utilities, affordable at 30 affordable at 50 affordable at 60 percent of area percent of area percent of area median income median income median income Efficiency $441 $735 $882 1 bedroom $472 $787 $945 2 bedrooms $567 $945 $1,134 3 bedrooms $654 $1,091 $1,309 4 bedrooms $730 $1,217 $1,461 1 Assumes a 29 percent housing debt to household income ratio, 3.5 percent downpayment, a property tax rate of 1.25 percent of property sales price, mortgage insurance at 1.15 percent of unpaid principal, and $100 / month for hazard insurance. 2 Area Location Map - Mitchell Crossing Apartments 2012 Address:7687 Mitchell Road, Eden Prairie, MN W J 1 Q F 7 3 -U Mitchell Road Cochran Lane i i o • g/ SIThr\I / m \-, U ' I .P I • I I r. Highway#5 I,, 5 I1I US o II 1 Ir A -___________ 1 1 0 170 340 680 Feet 1 I I I I I I I 1 Guide Plan Map Mitchell Crossing Apartments 2012 7687 Mitchell Road, Eden Prairie, MN AL...„..,...„.„.„..<,:„.......7............7( , I Mitchell Road �A /� / Cochrane Lane / / SITE r I ( , iri Highway#5 Mg 1 1 i 1 1 I I 1 1 L-- 1 1 City of Ede Prai ' '. Use Guide — . 00-2020 I , Legend Q CityLimits - Industrial N Streams Rural Residential 0.10 Units/Acre Neighborhood Commercial Principal ArterialA Low Density Residential 0-2.5 Units/Acre -Community Commercial —A Minor Arterial �/ Low Density/Public/Open Space -Regional Commercial '• 4i +;. 11 —B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06 Medium Density residential 2.5-10 Units/Acre-Town Center DATE Revised 01-07-05 DATE Revised 03-01-07 Major Collector DATE Revised 11-07-0502 DATE Revised 06-01-07 EDEN In Medium Density Residential/Office -Park/Open Space DATE Revised -07-06 Minor Collector DATE Revised 10-01-07 In High Density Residential 10-40 Units/Acre -Public/Quasi-Public DATE Revised 03-23-06 DATE Revised 03-01- DATE Revised 06-23-06 DATE Revised 03-01-0909 11 Airport I I Golf Course PRAIRIE Office -Church/Cemetary r)Office/Industrial Open Water �ogamm�Me.o m_..®�npneB1 tIVE•WOBIC•QAEAM M. :m o. o...m. .pia .. m.a m . %d...P,..4 r )Office/Public/Open Space Right-Of-Way _.a 0.25 0.125 0 I Miles Zoning Map Mitchell Crossing Apartments 2012 7687 Mitchell Road, Eden Prairie MN ) i _.....,_______,... t, . / . 411174.' r li / /C._ _.--- 1 Mithcell Road SITE Cochrane Lane r i ] -I it Highway#5 I Cit • Eden Prairie Zoning Map Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. I—I TC-C NE I Natural Environment Waters R1-22 One Family-22,000 sf min. n TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. ji TC-MU I GD I General Development Waters(Creeks Only) a t . i R1-9.5 One Family-9,500 sf min. I Industrial Park-2 Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. En Industrial Park- 5 Acre Min. EDEN Up dated through approved Ordinances#26-2008 -RM-2.5 Multi-Family-17.4 U.P.A.max. General Industrial-5 Acre Min. Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Office J Public Date:March 1,2009 Neighborhood Commercial I I Golf Course In case of discrepency related to a zoningolassitmaeon on this zoning trap.the Ordinance uVE•WOHK•OHEAM and attached legal description on file at Eden Prairie Ciry Center will prevail. -Community Commercial Water -Highway Commercial Right of Way 0 0.05 0. -Regional Service Commercial Miles %-_,op..m..,rmo..,..�.,ti4..o..o.a., ..._....a..m ,..,,m„ Aerial Map Mitchell Crossing Apartments 2012 7687 Mitchell Road, Eden Prairie, MN v • r= iti-liNio.,..:9.1:::11 19. -•.. ~��� ?► ` j ?4p�-r `� � • etsV IMO 4 rAtt,.. ,...1y 5 ----=. .. ` f, Mitchell Road =.i r.a — —1. ▪ - ..,.. ...,..... ,,, . •--- . ...,.:7..., .. .. . .1f.. -5 . '7,*.ii. ' •9- --� Cochrane Lane �;' ▪ • t� L. i :.cam • .a. .� y • i SITEnir. �' r'� ' ..rrr • ••r'.. '. tit,,...14. 4 `.:e • Highway#5 .'�=x - '� •�, 3..Lk,, t.4111 = �� Gr r. r r` !/ •see • • • 1 .} •• fl iey;V 1 i a 'i. 1:1 'v- .. . • ' APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,JUNE 11, 2012 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: Steven Frank, Matt Fyten, John Kirk, Katie Lechelt, Jacob Lee, Jerry Pitzrick, Kevin Schultz, Jon Stoltz, Travis Wuttke STAFF MEMBERS: Michael Franzen, City Planner Rod Rue, City Engineer Stu Fox, Manager of Parks and Natural Resources Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Vice Chair Fyten called the meeting to order at 7:00 p.m. Lechelt, Lee and Stoltz were absent. II. APPROVAL OF AGENDA MOTION by Pitzrick, seconded by Frank, to approve the agenda. Motion carried 6-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON MAY 14, 2012 MOTION by Kirk, seconded by Pitzrick, to approve the minutes. Motion carried 2-0. Kirk, Pitzrick, Schultz and Wuttke abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. MITCHELL CROSSING APARTMENTS 2012 by Eden Prairie Development LLC Location: Mitchell Road& Cochrane lane Request for: EDEN PRAIRIE PLANNING COMMISSION MINUTES June 11, 2012 Page 2 • Planned Unit Development Concept Review on 3.098 acres • Planned Unit Development District Review with waivers on 3.098 acres • Zoning District Change from Community Commercial to RM-2.5 on 3.098 acres • Site Plan Review on 3.098 acres Scott Carlston, of 8150 Drexel Court, Eden Prairie, presented the proposal. He showed a power point presentation. Mr. Carlston stated the land sat for a long time. He has met with the owner of the BP station and she is excited to have a neighbor. They are proposing an apartment complex and are asking for waivers for density, height, setbacks,parking and open space. The last apartment construction in Eden Prairie was in 2004. Eden Prairie is ready for this. There will be many exciting improvements. Mr. Carlson pointed out this is a 35 million dollar project. They are planning on building smaller units, studio apartments to cater to the younger people. The units are smaller, and because of that, we need to add more parking. The building will cater to the 20 to early 30 year olds, and keep them local. Barbara Halverson, President of Steven Scott Management Company, would be managing this property. She stated they have managed other properties in Eden Prairie, so they do have experience in the City. The millennial generation is the largest generation of kids coming out of school to 30 year old professionals. We are designing a different mix of apartments so it will be accessible to have your own unit without sharing it with roommates. The units will be mainly studio apartments and also some one and two bedroom units. Ms. Halverson also stated that in an apartment complex they manage in Eden Prairie, there seems to be adequate parking for a one to one ratio. She pointed out the problems arise, in regards to parking,when you have larger units of housing. Mr. Carlston said that he did not want to build just another apartment building so he is seeking out Carbon Creative to help them with this project. Cheryl Gordon, of Carbon Creative, stated why they will give the building a personality and soul. They want to incorporate the building into the largest market. They want to create a bond with the building and businesses around the area. Mr. Carlston stated they will have a workout facility, an open community room, WiFi areas, and a lido deck above the parking garage with an outdoor BBQ area, fire pit outdoor sitting area and maybe a pool. They would also like to connect to the trails in the area and would like to have bike rentals. They would like to be a pet friendly apaitiuent complex. They will have 280 underground parking stalls and would really like to have one stall per bedroom and not two stalls per bedroom. This project will not perform well with the current requirements. Mr. Carlston pointed out they did a parking study at the SW Station Complex and found only 48% of the stalls were being utilized. At Water Tower Plaza there EDEN PRAIRIE PLANNING COMMISSION MINUTES June 11, 2012 Page 3 were only 36% of the stalls being occupied. The Bluffs only 54% occupied. Buca, during dinner hour, still has parking space available. Mr. Carlston said they also talked about doing the Hour Car; renting cars by the hour. They have also talked to GE about working with them in regards to their electric cars. He stated they have designed 20 more parking stalls outside of the building. They would like approval of this project. Vice Chair Fyten asked Franzen to review the staff report. Franzen stated that the City went through a Guide Plan update several years ago which identified two growth areas that were appropriate for higher density housing which are Golden Triangle and Town Center. The density of this project would fit better in the Town Center where there will be a critical mass of housing and commercial in a walkable environment. In this area, the Town Center ordinance permits less parking. The housing would be within a the 10 minute walk of future light rail. This site is within 1/2 mile of the Mitchell Station but it is not a 10 minute walk. High density housing can be a appropriate on this site. The approved plan is 57 senior units and 6,000 square feet of commercial. Apartments on this site is acceptable subject to staff revisions related to meeting setback, parking and open space requirements. In regards to the request for less parking, it does not meet the conditions for practical difficulties since the circumstances are created by the applicant. A parking waiver would be a tradeoff for a better plan, however the project does not provide betterments. The best way to look at less parking is through a code amendment and look at actual parking utilization at apartments in the City. Vice Chair Fyten opened the meeting up for public input. There was no input. Mr. Carlston said he is developing a 35 million dollar project and is not asking for any money from the City but is just asking for the waivers for this project and would like to see it moved on. Frank stated he like the idea of targeting the millennium generation. Pitzrick asked the project proponent where the guests would park. Mr. Carlston said they have both inside and outside parking for guests. Pitzrick asked if it was normal practice to have guests go into a secured parking area. Mr. Carlston did not think it would be a problem and also pointed out there would be 20 spaces of outside parking. Wuttke asked if parking requirements were met in other apartment units outside of the Town Center Area. Franzen said they were met, with the exception of the Senior Center units. Wuttke said he did not see parking as an issue,but does not know if the location is a good fit. Kirk said he agreed with Wuttke that it is a beautiful project,but does not feel the location is good. EDEN PRAIRIE PLANNING COMMISSION MINUTES June 11, 2012 Page 4 Mr. Carlston said this site is an odd location; it is out there by itself. He said they are within a six minute walk from the restaurants at SW Station and a 5 minute walk to SW Station. He stated they are closer to these places than if they were in the Town Center. Mr. Carlston said he would like it voted on tonight. Vice Chair Fyten asked Franzen if the LRT would be developed in the area and when that would take place. Franzen said around 2018. Pitzrick said he is comfortable with the project and feels the Town Center plan was flawed and that this should not be compared to that. He feels this is a new product to the area and would like to see it get going. Wuttke asked if there were any studies done on rental rates. Mr. Carlston said that is the reason they have Steve Scott involved. Vice Chair Fyten asked the Commission for opinions on the project. Frank said he liked the project and pointed out who they are targeting is supportive of the project. Pitzrick said he is also supportive and suggested that maybe one of the outlots could be reserved for parking for the first 5 years. Kirk stated the project is more height and density then he would like to see. Vice Chair Fyten stated he feels the same way as Kirk. The parking or setbacks are not an issue, but rather the location. Schultz said the project is a worthy project. The setbacks and parking are not an issue but feels it may not be in the right location because it maybe too big for the area, but overall he would be in favor of the project. He also stated this project cannot be compared to the Town Center location. Wuttke said this is an orphaned area with a developer who wants to put a lot of money in the area and would be in favor of it. He did say it was unfortunate it is such a big project for such a small area. Pitzrick pointed out even though it is a big project there is a lot of open, undeveloped area that will make up for this. Pitzrick asked if this were continued to the June 25th meeting, could it still go to the next City Council meeting. Franzen asked why the Commission to indicate why this would continue this. Pitzrick said to talk more about the setbacks and outdoor amenities. EDEN PRAIRIE PLANNING COMMISSION MINUTES June 11, 2012 Page 5 Kirk said he feels these are not big issues and does not see the need for a continuance. Schultz said in listening to everyone, he believes the concerns are not setbacks or amenities, but the location, and stated the Commission should vote on this tonight. MOTION by Wuttke, seconded by Schultz, to close the public hearing. Motion carried 6-0. MOTION by Wuttke, seconded by Frank, to recommend approval of the guide plan change from Community Commercial to High Density Residential on 3.098 acres; Planned Unit Development Concept Review on 3.098 acres; Planned Unit Development District Review with waivers on 3.098 acres; Zoning District Change from Community Commercial to RM-2.5 on 3.098 acres; Site Plan Review on 3.098 acres, and plans stamped dated June 7, 2012. Motion carried 4-2,with Kirk and Fyten opposing. VII. PLANNERS' REPORT Franzen stated in addition to the continued items there will be one new public hearing on the June 25. VIII. MEMBERS' REPORT IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION by Kirk, seconded by Frank, to adjourn the meeting. Motion carried 6-0. There being no further business, the meeting was adjourned at 8:32 p.m. CITY COUNCIL AGENDA DATE: July 17, 2012 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.D. Community Claus Rezoning Development/Planning Janet Jeremiah/Regina Rojas Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance Zoning District Change from Rural to R1-13.5 on 0.5 acres Synopsis This is a rezoning of a single family lot from Rural to R1-13.5 located at 12491 Sunnybrook Road. The proposed lot conforms to the requirements of the R1-13.5 zoning district for lot size and lot dimensions. Background Information The lot is a non-conforming Rural Zoned property since it does not meet the 10-acre minimum lot size. The owner wants to build an addition to the existing garage. Since the property is zoned Rural, the garage addition does not conform to the side yard setbacks for the Rural Zoning District. A staff report for second reading of the ordinance for rezoning is located under Ordinances and Resolutions. The 120-Day Review Period Expires on September 28, 2012 Planning Commission Recommendation The Planning Commission voted 7-0 to recommend approval of the rezoning from Rural to R1- 13.5 at the June 25, 2012 meeting. Attachments 1. Staff Report 2. Location Map 3. Land Use Map 4. Zoning Map 5. Aerial photo 6. Planning Commission Minutes STAFF REPORT TO: Planning Commission FROM: Regina Rojas, Planner II THROUGH: Michael D. Franzen, City Planner DATE: June 22, 2012 SUBJECT: Claus Rezoning APPLICANT/ Carrie and Robert Claus OWNER: 120 DAY REVIEW: Expires September 28, 2012 LOCATION: 12491 Sunnybrook Road REQUEST: • Zoning District Change from Rural to R1-13.5 on 0.5 acres BACKGROUND The owner wants to build an addition to the existing garage. The current garage has one parking stall. Since the property is zoned Rural, the garage addition does not conform to the side yard setbacks for the Rural Zoning District, which are 50 and 100 feet. The lot is also non-conforming since it does not meet the 10-acre minimum lot size. One option would be to grant variances, however the zoning pattern in the area is mostly R1- 13.5. Rezoning would a better choice since it would also allow the owner more flexibility for other additions without having to request a variance. GUIDE PLAN The Comprehensive Guide Plan shows this site as Low Density Residential for up to 2.5 units per acre. Surrounding sites are guided Low Density. R1-13.5 ZONING DISTRICT The proposed lot size, lot dimensions, and street frontage conform to the R1-13.5 zoning district requirements. The existing house, existing garage and the proposed garage addition conform to front, rear, and side yard setbacks for the R1-13.5 Zoning District. Rezoning to R1-13.5 is appropriate for the following reasons: 1. The rezoning is consistent with City policy to eliminate non-conforming lots. 2. The rezoning to R1-13.5 is consistent with the surrounding zoning. 3. The rezoning is consistent with the guide plan. The site and the surrounding area is guided low density residential. UTILITIES The house is connected to city sewer and water. STAFF RECOMMENDATION Recommend approval of the following request: 1. Zoning District Change from Rural to R1-13.5 on 0.5 acres This is based on plans stamp dated May 31, 2012 and Staff Report dated June 22, 2012. Area Location Map - Claus Rezoning Address: 12491 Sunnybrook Road, Eden Prairie, MN 71 w / y � 67 O U r Francis Lane7/( Z Sunnybrook Road SUNNYBROOK RD U 0, 0, SITE Z — w Wilderness Cove Coldstream Lane Creekwood Drive ei , 0 4s: eet OREEI I I I I Guide Plan Map: Claus Rezoning 12491 Sunnybrook Road, Eden Prairie, MN \// Sunnybrook Road 2/ 1// L____-- Francis Lane til SITE Wilderness Cove 111111‘ Cold Stream Lane / MILANI -0111 ip- I F .,_ Alt ilk Creekwood Drive tyo : e ' ra' a d U e ( - 1. ' Ian 100 , it Legend N Rural Residential 0.10 Units/Acre Neighborhood Commercial Streams Low Density Residential 0-2.5 Units/Acre - Community Commercial e Principal Arterial 772 Low Density/Public/Open Space - Regional Commercial -A Minor Arterial B Minor Arterial ' + '1 77 Medium Density residential 2.5-10 Units/Acre -Town Center DATE Approved 03-19-03 DATE Revised 12-06-06 Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07 EDEN n a 11-07-05 Density Residential/Office - Park/Open Space J DATE Revised 02 DATE Revised 06-01-07 Minor Collector DATE Revised 02-23-06 DATE Revised 10-01-07 1 High Density Residential 10-40 Units/Acre - Public/Quasi-Public DATE Revised 03-23-06 DATE Revised 03-01-08 DATE Revised 06-23-06 DATE Revised 03-01-09 WI Airport Golf Course PRAIRIE Office - Church/Cemetary V/� Office/Industrial Open Water ITL:m.... .o m_ ®. ..a„ . ., ar e,0® L�VE•wOB1C•QAEAM VA Office/Public/Open Space 6.3ight-Of-Way 0.125 - Industrial Miles Zoning Map: Claus Rezoning 12491 Sunnybrook Road, Eden Prairie MN \ \ 1) III . \ _.... f ,,I F� \ Sunnybrook Road francis Lane / �� J J \I. ..\-1—E\ I -/ )1,1, SITE �— - Wilderness Cove 1 i `� Cold Stream Lane 1 77-17 I Creekwood Drive 1 41111Pr011S1 F=MP ity de--' oning Map Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. I—I TC-C NE I Natural Environment Waters R1-22 One Family-22,000 sf min. n TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. ji TC-MU I GD I General Development Waters(Creeks Only) t . i R1-9.5 One Family-9,500 sf min. Industrial Park-2 Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. En Industrial Park- 5 Acre Min. EDEN Up dated through approved Ordinances#26-2008 -RM-2.5 Multi-Family-17.4 U.P.A.max. General Industrial-5 Acre Min. Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Office J Public Date:March 1,2009 Neighborhood Commercial I Golf Course In case of discrepancy related to a zoning classitmaeon on this zoning map,the ordinance uVE•WOHK•OHEAM and attached legal description on file at Eden Paine Ciry Center will prevail. -Community Commercial Water -Highway Commercial Right of Way 0 0.05 0.1 -Regional Service Commercial Milesa_1p..m..,rmo..,..�14..o..o.a., ..._..a..m ,..,,m„ Aerial Map: Claus Rezoning 12491 Sunnybrook Road, Eden Prairie, MN !. .. t •I1$.1. • M I-. • "S. ` A I. .i../.. loie. '''''..,',.,...*::::::.',..,._.....1).,...••:,ia :'.:,..p....._..,.....-7: .•=.j , I: ' .?\.. - .V----rilli-111,!. 1 . ...'''':-- 11'2......-:' ,,• • ,,,--:-- • be. '' r ' 14 lo ir r r ot , • Francis Lane , ,� , � .r ,. Sunnybrook Road , 4 u 1 ... -1.117.1. t 1., ... V le- - - _ - P' of y� i.,.. i i'0 Ili": iiiii } J i ' . A... '+ -, j ..: SITE - . . . 10). As. .. N't ,..: •i t Cold Stream Lane .4 f. K. Wilderness Cove 1 , . ... • ., 4...,t, ,iviiiir.• . ... Q... .1,i . 4.4 mi. .. . i , -1, 1 . ._ .. ...,•,.•... 4. lit •• -. _.,- -. - . rw,: ..,,. ' r 1 t4 ' 44 +t, ,� _ r •' Creekwood Drive /4 ! ..:,,-,_•,•-_ ,_: , r. 1411 :,,01., Slix �. }' �, 0 120 24 i .v • ,~ 480 Feet APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,JUNE 25, 2012 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: Steven Frank, Matt Fyten, John Kirk, Katie Lechelt, Jacob Lee, Jerry Pitzrick, Kevin Schultz, Jon Stoltz, Travis Wuttke STAFF MEMBERS: Michael Franzen, City Planner Rod Rue, City Engineer Stu Fox, Manager of Parks and Natural Resources Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Vice Chair Fyten called the meeting to order at 7:00 p.m. Kirk and Stoltz were absent. II. APPROVAL OF AGENDA MOTION by Lee, seconded by Wuttke, to approve the agenda. Motion carried 7-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON JUNE 11, 2012 Pitzrick had a change on page 3,paragraph 2, last sentence. He would like it to read, "Given this, there is a range of 10-20%reduction in homeowner insurance for doing this; which would be a very positive thing and eliminate the need for a secondary road." MOTION by Lee, seconded by Wuttke, to approve the minutes as amended. Motion carried 5-0. Lechelt and Lee abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. CLAUS REZONING by Carrie &Bob Claus. EDEN PRAIRIE PLANNING COMMISSION MINUTES June 25, 2012 Page 2 Location: 12491 Sunnybrook Road Request for: • Zoning District Change from Rural to R1-13.5 on .5 acres Bob Claus, of 12491 Sunnybrook Road,presented the proposal. He stated they would like to build a two car garage and this conforms to the residential zoning requirements. Vice Chair Fyten asked Franzen to review the staff report. Franzen stated this conforms to the zoning requirements and staff recommendation is for approval based on plans stamped dated May 31, 2012 and the staff report dated June 22, 2012. Vice Chair Fyten opened the meeting up for public input. Dean Longsyo, of 9448 Creekwood Drive, and owner of the adjacent lot next to Mr. Claus's lot, said he is here tonight to offer support for the project. MOTION by Frank, seconded by Wuttke, to close the public hearing. Motion carried 7-0. MOTION by Frank, seconded by Wuttke, to recommend approval of the Zoning District Change from Rural to R1-13.5 on .5 acres based on plans stamped dated May 31, 2012 and the staff report dated June 22, 2012. Motion carried 7-0. VII. PLANNERS' REPORT Franzen stated the next meeting will be July 9th and there will be two continued items on the agenda; The Woods at Bryant Lake and the Master Technology Group. Franzen stated staff has completed a parking survey of existing apartment buildings and will present the results at the next meeting. VIII. MEMBERS' REPORT A. CITIZEN ADVISORY COMMITTEE—LIGHT RAIL Vice Chair Fyten stated he has only been to one meeting and felt that the committee is very large. Pitzrick stated he also feels it is a very large group but they have a specific agenda. He said it was a good place to express ideas but is not the group that will make decisions. Pitzrick stated he feels the stop by Costco should be changed to EDEN PRAIRIE PLANNING COMMISSION MINUTES June 25, 2012 Page 3 the Broadmoor Apartments. It would be more expensive but more beneficial for ridership. Lechelt asked Pitzrick if he brought this up at the meeting because she also agrees with him. Pitzrick said the one meeting he was at he did not have the opportunity and felt it should be done at a smaller meeting with more support. Frank asked who makes decisions regarding the light rail. Franzen said the MET Council makes the decision along with the different city approvals. Wuttke stated he agrees with Pitzrick and feels a lot of work still needs to be completed on this and stated giving recommendations to City Staff would be most advantageous. Pitzrick stated it would be beneficial to talk with business around the area to get their support in changing the stop area to Broadmoor Apartments. IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION by Wuttke, seconded by Lee, to adjourn the meeting. Motion carried 7-0. There being no further business, the meeting was adjourned at 7:38 p.m. CITY COUNCIL AGENDA DATE: July 17, 2012 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.E. Community High Point at Riley Creek Development/Planning Janet Jeremiah/Michael Franzen Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance for Zoning District Change from Rural to R 1-13.5 on 5.0 acres; and • Adopt the Resolution for Preliminary Plat on 5.0 acres into 12 lots; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions; and • Approve and Authorize Issuance of a Land Alteration Permit for the High Point at Riley Creek project subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated July 11, as approved by the City Council. Synopsis This is a 12 lot single family subdivision that conforms to the requirements of the R1-13.5 Zoning District and Comprehensive Guide Plan. Background Information The 120-Day Review Period Expires on August 31, 2012. Planning Commission Recommendation The Planning Commission voted 7-0 to recommend approval of the project at the June 25, 2012 meeting. Attachments 1. Resolution—Preliminary Plat 2. Staff Report dated June 22, 2012 3. Location Map 4. Land Use Map 5. Zoning Map 6. Aerial photo 7. Planning Commission Minutes dated June 11, 2012 8. Planning Commission Minutes dated June 25, 2012 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2012- RESOLUTION APPROVING THE PRELIMINARY PLAT OF HIGH POINT AT RILEY CREEK FOR MANLEY DEVELOPMENT BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of High Point at Riley Creek for Manley Development stamp dated July 11, 2012, and consisting of 5.0 acres into 12 lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 17th day of July, 2012. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: June 22, 2012 SUBJECT: Highpoint at Riley Creek APPLICANT: Manley Development OWNER: Robin Smith LOCATION: 9765 Sky Lane 120 DAY REVIEW: August 31, 2012 REQUEST: • Zoning District Change from Rural to R1-13.5 on 5.0 acres • Preliminary Plat on 5.0 acres into 12 lots BACKGROUND This is a continued item from the June 11, 2012 meeting to allow time for staff to review the revised plans to ensure compliance with the engineering memo dated May 17, 2012, and to obtain a right of entry with from MAC. The June 22, 2012 plans conform to engineering requirements for the storm water pipe and revisions as identified in the engineering memo dated May 17, 2012. The construction of the storm water pipe is subject to a signed and executed Temporary Right of Entry Agreement with MAC. GUIDE PLAN AND ZONING The Comprehensive Guide Plan shows the site and surrounding property as Low Density Residential for up to 2.5 units per acre. The site is zoned Rural. PRELIMINARY PLAT This project is the subdivision of 5.0 acres into 12 lots. All lots conform to the requirements of the R1-13.5 Zoning District. Staff Report—High Point at Riley Creek June 22, 2012 Page 2 GRADING AND TREE LOSS There are 615.8 diameter inches of significant trees on the property. Tree loss is 344.3 diameter inches. The required tree replacement is 256 inches. The plan meets this requirement. STORM WATER RUNOFF AND WATER QUALITY A piped outlet from the pond to Eden Prairie Road must be provided that will serve as a permanent outlet pipe that will eventually tie in to storm sewer within the proposed Eden Prairie Road improvements. Until such time as the permanent storm sewer system is constructed in Eden Prairie Road, a temporary discharge to Riley Creek must be provided for the interim condition. SPECIAL ASSESSMENTS This property is subject to trunk sewer and watermain assessments. Trunk assessments based on the preliminary plat dated 4/20/12 on 5.03 acres at the 2012 trunk assessment rate of$6885/acre for a total amount of$34,631.55 will be due with this project. A special assessment agreement will be required. This proposed project will need to participate in the costs of the upgrade of Eden Prairie Road. A feasibility study for Eden Prairie Road is anticipated to be completed in 2012. A special assessment agreement will be required for the emerging lots for future Eden Prairie Road improvements. Based on a preliminary draft of the feasibility study done in 2007, the assessment amount is $12,600 per lot. This amount is based on the street portion of the proposed improvements for Eden Prairie Road. This amount is consistent with assessment agreements with other development projects within the area and adjacent to Eden Prairie Road, including the latest project, The Meadows at Riley Creek. The estimated assessment per unit and total may change based on the updated feasibility study to be released in early 2012. The $12,600 per lot will be used in the special assessment agreement unless a revised per lot assessment amount is approved by the City Council prior to execution of the special assessment agreement for this project. The special assessment agreement must be signed prior to release of the final plat of the property. The special assessment will be based on 12 lots. FLYING CLOUD AIRPORT The project is adjacent to Flying Cloud Airport. Due to the projected number of aircraft over- flights to occur in this area, the developer shall provide a disclosure statement to all first homeowners in the development advising of the airport and associated over-flights. In addition, each home will need to be designed and constructed to provide for an interior noise reduction to 45 dBA based on the Metropolitan Council's Builder Guide. This is similar to Hennepin Village and The Ridge at Riley Creek developments. 2 Staff Report—High Point at Riley Creek June 22, 2012 Page 3 STAFF RECOMMENDATION Recommend approval of the following request: • Zoning District Change from Rural to R1-13.5 on 5.0 acres • Preliminary Plat on 5.0 acres into 12 lots This is based on plans stamp dated June 22, 2012, the Staff Report dated June 22, 2012, and the following conditions: 1. Prior to City Council, the proponent shall: A. Revise the plat to include right of way over the southeast corner of Lot 12 as identified by the City to accommodate the future extension of Street 1. B. Revise the profile of Street 1 to match the preliminary profile of Street 1 as identified by the City to accommodate the future extension of this street. The grading plan must be adjusted accordingly. 2. Prior to release of the final plat, the proponent shall: A. Submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. B. Pay all City sewer and water assessment and connection fees. 3. Prior to grading permit issuance, the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. 4. Prior to building permit issuance for the property, the proponent shall: A. Pay the appropriate cash park fee. 5. Provide building documentation to the Building Official verifying that the houses will meet an interior noise reduction to 45 dBA according to the Metropolitan Council's Builders Guide. 6. Provide a disclosure statement to all first homeowners advising of the propose airport expansion and associated over flights. 7. The construction of the storm water pipe is subject to a signed and executed Temporary Right of Entry Agreement with MAC. 3 Area Location Map - High Point at Riley Creek Address:9765 Sky Lane, Eden Prairie, MN r // _ - Alto Way/ \ i i 0 / Stratus Court STRAZI IS CT 0 I p SITE iiiiiak .........,Wm.- /' i 1 , Eden Prairie Road Sky Lane VI 1 1 .. . . ... Berverly Drive N L 0 260 520 1,040 Fee I I I I_ I I I I / Guide Plan Map High Point at Riley Creek 9765 Sky Lane, Eden Prairie, MN Minnetonka [Cirrus Way • Eden Prairie Road ,l p \ „___, SITE Sii. . 1 ki are" /1 __,/, ,„.,. Beverly Drive Sky Lake illiik City of Ede Prairie Land Use Guide Legend O CityLimits - Industrial Streams N Rural Residential 0.10 Units/Acre Neighborhood Commercial Principal Arterial Low Density Residential 0-2.5 Units/Acre Community Commercial —A Minor Arterial B MinorArterial ' + 'l Low Density/Public/Open Space - Regional CommercialDATE Approved 03-19-03 DATE Revised 12-06-06 Major Collector DATE Revised 11-07-05 DATE Revised 03-01-07 EDEN ME Medium Density residential 2.5-10 Units/Acre®Town Center DATE Revised 11-07-05 DATE Revised 06-01-07 Minor Collector DATE Revised 02-23-06 DATE Revised 10-01-07 E Medium Density Residential/Office - Park/Open Space DATE Revised 03-23-06 DATE Revised 03-01-08 DATE Revised 06-23-06 DATE Revised 03-01-09 7 High Density Residential 10-40 Units/Acre ME Public/Quasi-Public PRAIRIE RI Airport Golf Course Office - Church/Cemetary »e.� op..... .o..m_..®... ..a., .. .a a®YeF uvE•wOxK•uA EAM K ) Office/Industrial L,IQpen Water 0.125 0 (/j j Office/Public/Open Space kiynr-ui-vvay Miles Zoning Map High point at Riley Creek 9765 Sky Lane, Eden Prairie MN ,i )ftiv. //______ 1 ---,_Y--- ___- -----------\\ \ If ( ) /, 1 Cirrus Way [Eden Prairie Road 44 0 1101111 W. Sil ... SITE f No. - IPIIIIIIII IIIIIW Sky Lane r r- y Beverly Drive r City of Eden Pral? Zoning MGD Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. I—I TC-C NE I Natural Environment Waters R1-22 One Family-22,000 sf min. n TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. ji TC-MU I GD I General Development Waters(Creeks Only) t . i R1-9.5 One Family-9,500 sf min. Industrial Park-2 Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. En Industrial Park- 5 Acre Min. EDEN Up dated through approved Ordinances#26-2008 -RM-2.5 Multi-Family-17.4 U.P.A.max. General Industrial-5 Acre Min. Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Office J Public Date:March 1,2009 Neighborhood Commercial I Golf Course In case of discrepancy related to a zoning classitmaeon on this zoning map,the ordinance uVE•WOHK•OHEAM and attached legal description on file at Eden Paine Ciry Center will prevail. -Community Commercial Water -Highway Commercial Right of Way 0 0.125 0.25 -Regional Service Commercial ,op....,��mo..,...,ti4.. Miles °%- o..o.a., ...L.1..m ,..,,m„ Aerial Map High Point at Riley Creek 9765 Sky Lane, Eden Prairie, MN Mall 7-,NI:1,- ili A _ 's•may,. . ��� a� 11, , ki t ' t f �l:t1,--.1 ' , Aa; I� / .71114- _.,s. . i.1 -'.., ! . ' - 48 6 . , 6 , ":: 'AI, r I 1 ''it ;14. FPF AIIIII AIMIII ? \ '1,-,,,,A;TS•,, Cirrus Way _ .. .. Ilk 64111111 III I • 1 ; Eden Prairie Road 44441, i , * ,_ .......„01.4 or ' I r Y b.*, W•I I 1°Il 11 1 I 1 . O 1.1.L.,,r'"• • , '.1:11C7.41/41/4 .- ' : --e:.. -. •y. <` •xW-- 2.-5.'" sue. %� Beverly Drive 1 4�,,r . . 1 .9 :.4' . Sky Lake 1( T.' �r, 1 h:Iii:. ..t.:ii : yI . ai r• 1 !L1.IIIIIIIIIIIH( I a EDEN .. PRAIRIE LIVE•WORI•I}REAM 015 0125 0 I palI s APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,JUNE 11, 2012 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: Steven Frank, Matt Fyten, John Kirk, Katie Lechelt, Jacob Lee, Jerry Pitzrick, Kevin Schultz, Jon Stoltz, Travis Wuttke STAFF MEMBERS: Michael Franzen, City Planner Rod Rue, City Engineer Stu Fox, Manager of Parks and Natural Resources Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Vice Chair Fyten called the meeting to order at 7:00 p.m. Lechelt, Lee and Stoltz were absent. II. APPROVAL OF AGENDA MOTION by Pitzrick, seconded by Frank, to approve the agenda. Motion carried 6-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON MAY 14, 2012 MOTION by Kirk, seconded by Pitzrick, to approve the minutes. Motion carried 2-0. Kirk, Pitzrick, Schultz and Wuttke abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. HIGH POINT AT RILEY CREEK by Manley Development Location: 9765 Sky Lane Request for: • Zoning District Change from Rural to R1-13.5on 5.0 acres • Preliminary Plat on 5.0 acres into 12 lots EDEN PRAIRIE PLANNING COMMISSION MINUTES June 11, 2012 Page 2 Scott Carlston, of 8150 Drexel Court, Eden Prairie, who is part of the development group, said they have been working with City Staff and taking into consideration their recommendations. The issue that needs to be addressed is storm water ponding. Right now the drainage shoots streams of water over the MAC property and improvements need to be made for this. He stated they are also working with MAC on this issue and would like to move this proposal on to the next meeting. Vice Chair Fyten asked Franzen to review the staff report. Franzen stated that the project conforms to the requirements of the R1-13.5 Zoning District and that the staff recommendation is to continue the item to the next meeting to work out issues with the storm water drainage. Pitzrick asked staff, in regards to the neighboring project and the talk of an additional road for egress,that since we are adding more homes, an alternate to having a secondary road would be to have the homes sprinklered. Given this, there is a range of 10-20%reduction in homeowner insurance for doing this; which would be a very positive thing and eliminate the need for a secondary road. Schultz agreed with Pitzrick's suggestion and said it was a good idea. Vice Chair Fyten also agreed. Vice Chair Fyten asked the project proponent if a continuance to the next meeting would be a problem. The project proponent said it would not be a problem. Vice Chair Fyten pointed out if the project proponent came back to the next Planning Commission meeting, he could still make it to the next City Council meeting. Vice Chair Fyten asked Rue what type of piping would be better for this proposal; permanent or temporary. Rue said MAC prefers a permanent piping and the City would not be opposed to that, but would have to go through a detailed design with this type of piping. Mr. Carlston said the only reason they wanted to use temporary piping is for cost reasons; a permanent piping is very expensive. Vice Chair Fyten opened the meeting up for public input. There was no input. MOTION by Schultz, seconded by Wuttke, to recommend a continuance to the June 25, 2012 meeting. Motion carried 6-0. Vice Chair Fyten said that new public hearing notices will not be mailed out. VII. PLANNERS' REPORT Franzen stated in addition to the continued items there will be one new public hearing on the June 25. EDEN PRAIRIE PLANNING COMMISSION MINUTES June 11, 2012 Page 3 VIII. MEMBERS' REPORT IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION by Kirk, seconded by Frank, to adjourn the meeting. Motion carried 6-0. There being no further business, the meeting was adjourned at 8:32 p.m. APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,JUNE 25, 2012 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: Steven Frank, Matt Fyten, John Kirk, Katie Lechelt, Jacob Lee, Jerry Pitzrick, Kevin Schultz, Jon Stoltz, Travis Wuttke STAFF MEMBERS: Michael Franzen, City Planner Rod Rue, City Engineer Stu Fox, Manager of Parks and Natural Resources Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Vice Chair Fyten called the meeting to order at 7:00 p.m. Kirk and Stoltz were absent. II. APPROVAL OF AGENDA MOTION by Lee, seconded by Wuttke, to approve the agenda. Motion carried 7-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON JUNE 11, 2012 Pitzrick had a change on page 3,paragraph 2, last sentence. He would like it to read, "Given this, there is a range of 10-20%reduction in homeowner insurance for doing this; which would be a very positive thing and eliminate the need for a secondary road." MOTION by Lee, seconded by Wuttke, to approve the minutes as amended. Motion carried 5-0. Lechelt and Lee abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. HIGH POINT AT RILEY CREEK by Manley Development EDEN PRAIRIE PLANNING COMMISSION MINUTES June 25, 2012 Page 2 Location: 9765 Sky Lane Request for: • Zoning District Change from Rural to R1-13.5on 5.0 acres • Preliminary Plat on 5.0 acres into 12 lots Scott Carlston, of 8150 Drexel Court, Eden Prairie, stated they have been working with staff to ensure they are in compliance with the engineering memo and to obtain a right of entry from MAC. Vice Chair Fyten asked Franzen to review the staff report. Franzen stated the revised plan is conforming and staff recommendation is for approval based on page 3 of the staff report. Pitzrick asked what was done with the suggestion from last meeting in regards to requiring that sprinkler systems automatically be installed in the new development. Franzen stated there has been no internal discussion about this item. Pitzrick asked if there were any discussions about the new road. Franzen stated there would be a another point of access on south of Beverly Drive on Eden Prairie Road that can provide access to properties to the west an connect to Beverly Dive. Pitzrick asked what happened with the road north of Beverly Drive. Rue stated the east and west street in this development is purposed to extend easterly and intersect at Eden Prairie Road across from Prospect Road. Pitzrick asked Rue if they were going to be pursuing sprinkler systems in the homes. Rue said they have not because they plan to have many interconnecting streets. Vice Chair Fyten opened the meeting up for public input. There was no input. MOTION by Schultz, seconded by Lee, to close the public hearing. Motion carried 7-0. MOTION by Schultz, seconded by Lechelt, to recommend approval of the Zoning District Change from Rural to R1-13.5 on 5.0 acres into 12 lots, and Preliminary Plat on 5.0 acres based on plans stamped dated June 22, 2012 and the staff report dated June 22, 2012. Motion carried 7-0. VII. PLANNERS' REPORT Franzen stated the next meeting will be July 9th and there will be two continued items on the agenda; The Woods at Bryant Lake and the Master Technology Group. Franzen stated staff has completed a parking survey of existing apartment buildings and will present the results at the next meeting. EDEN PRAIRIE PLANNING COMMISSION MINUTES June 25, 2012 Page 3 VIII. MEMBERS' REPORT A. CITIZEN ADVISORY COMMITTEE—LIGHT RAIL Vice Chair Fyten stated he has only been to one meeting and felt that the committee is very large. Pitzrick stated he also feels it is a very large group but they have a specific agenda. He said it was a good place to express ideas but is not the group that will make decisions. Pitzrick stated he feels the stop by Costco should be changed to the Broadmoor Apartments. It would be more expensive but more beneficial for ridership. Lechelt asked Pitzrick if he brought this up at the meeting because she also agrees with him. Pitzrick said the one meeting he was at he did not have the opportunity and felt it should be done at a smaller meeting with more support. Frank asked who makes decisions regarding the light rail. Franzen said the MET Council makes the decision along with the different city approvals. Wuttke stated he agrees with Pitzrick and feels further though on the alignment still needs to be completed on this and stated giving recommendations to City Staff would be most advantageous. Pitzrick stated it would be beneficial to talk with business around the area to get their support in changing the stop area to Broadmoor Apartments. IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION by Wuttke, seconded by Lee, to adjourn the meeting. Motion carried 7-0. There being no further business, the meeting was adjourned at 7:38 p.m. CITY COUNCIL AGENDA DATE: July 17, 2012 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.F. Community Meadows at Riley Creek 2012 Development/Planning Rempfer/Driver Janet Jeremiah/Michael Franzen Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance for Zoning District Change from Rural to R1-13.5 on 10.11 acres; and • Adopt the Resolution for Preliminary Plat on 10.11 acres into 23 lots and road right of way; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions; and • Approve and Authorize Issuance of a Land Alteration Permit for the Meadows at Riley Creek 2012 Rempfer/Driver project subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated July 11, 2012 as approved by the City Council. Synopsis This is a 23 lot single family subdivision that conforms to the requirements of the R1-13.5 Zoning District and Comprehensive Guide Plan. Background Information The 120-Day Review Period Expires on September 18, 2012. Planning Commission Recommendation The Planning Commission voted 7-0 to recommend approval of the project at the June 25, 2012 meeting. Attachments 1. Resolution—Preliminary Plat 2. Staff Report dated June 22, 2012 3. Location Map 4. Land Use Map 5. Zoning Map 6. Aerial photo 7. Planning Commission Minutes dated June 11, 2012 8. Planning Commission Minutes dated June 25, 2012 9. Letter from homeowner dated 7-10-12 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2012- RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE MEADOWS AT RILEY CREEK 2012 REMPFER/DRIVER FOR MARSH COVE,LLC. BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of The Meadows at Riley Creek 2012 Remfer/Driver for Marsh Cove, LLC stamp dated July 11, 2012, and consisting of 10.11 acres into 23 lots and road right-of-way, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 17th day of July, 2012. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: June 22, 2012 SUBJECT: The Meadows at Riley Creek 2012 Rempfer/Driver APPLICANT: Marsh Cove LLC (JMS Custom Homes) OWNER: Vern B. Rempfer and Karen Rempfer Ray Driver LOCATION: 9805 and 9845 Sky Lane 120 DAY REVIEW: September 18, 2012 REQUEST: • Zoning District Change from Rural to R1-13.5 on 10.11 acres • Preliminary Plat on 10.11 acres into 23 lots, 1 outlot and road right-of-way BACKGROUND This is a continued item from the June 11, 2012 meeting to allow time for staff to review the revised plans to ensure compliance with the engineering memo dated May 17, 2012, and to obtain a right of entry with from MAC. The June 22, 2012 plans conform to engineering requirements for the storm water pipe and revisions as identified in the engineering memo dated May 17, 2012. The construction of the storm water pipe is subject to a signed and executed Temporary Right of Entry Agreement with MAC. GUIDE PLAN AND ZONING The Comprehensive Guide Plan shows the site and surrounding property as Low Density Residential for up to 2.5 units per acre. The site is zoned Rural. PRELIMINARY PLAT This project is the subdivision of 10.11 acres into 23 lots. All lots conform to the requirements of the R1-13.5 Zoning District. Staff Report—The Meadows at Riley Creek 2012 Rempfer/Driver June 22, 2012 Page 2 GRADING AND TREE LOSS There are 573 diameter inches of significant trees on the property. Tree loss is 490 diameter inches. The required tree replacement is 557 inches. The plan meets this requirement. STORM WATER RUNOFF AND WATER QUALITY A piped outlet from the pond to Eden Prairie Road must be provided that will serve as a permanent outlet pipe that will eventually tie in to storm sewer within the proposed Eden Prairie Road improvements. Until such time as the permanent storm sewer system is constructed in Eden Prairie Road, a temporary discharge to Riley Creek must be provided for the interim condition. This interim solution must be approved by the Engineering Division. SPECIAL ASSESSMENTS This property is subject to trunk sewer and watermain assessments. Trunk assessments based on the preliminary plat dated 5/4/12 on a net assessable acreage of 9.11acres at the 2012 trunk assessment rate of$6883/acre for a total amount of$63,762.35 will be due with this project. A special assessment agreement will be required. This proposed project will need to participate in the costs of the upgrade of Eden Prairie Road. A feasibility study for Eden Prairie Road is anticipated to be completed summer of 2012. A special assessment agreement will be required for the emerging lots for future Eden Prairie Road improvements. Based on a preliminary draft of the feasibility study done in 2007, the assessment amount is $12,600 per lot. This amount is based on the street portion of the proposed improvements for Eden Prairie Road. This amount is consistent with assessment agreements with other development projects within the area and adjacent to Eden Prairie Road, including the latest project, The Ridge at Riley Creek 5th Addition. The estimated assessment per unit and total may change based on the updated feasibility study to be released in 2012. The $12,600 per lot will be used in the special assessment agreement unless a revised per lot assessment amount is approved by the City Council prior to execution of the special assessment agreement for this project. The special assessment agreement must be signed prior to release of the final plat of the property. The special assessment will be based on 23 lots. FLYING CLOUD AIRPORT The project is adjacent to Flying Cloud Airport. Due to the projected number of aircraft over- flights to occur in this area, the developer shall provide a disclosure statement to all first homeowners in the development advising of the airport and associated over-flights. In addition, each home will need to be designed and constructed to provide for an interior noise reduction to 45 dBA based on the Metropolitan Council's Builder Guide. This is similar to Hennepin Village and The Ridge at Riley Creek developments. Staff Report—The Meadows at Riley Creek 2012 Rempfer/Driver June 22, 2012 Page 3 STAFF RECOMMENDATION Recommend approval of the following request: • Zoning District Change from Rural to R1-13.5 on 10.11 acres • Preliminary Plat on 10.11 acres into 23 lots, 1 outlot and road right-of-way This is based on plans stamp dated June 22, 2012, the Staff Report dated June 22, 2012, and the following conditions: 1. Prior to City Council, the proponent shall: A. Revise the profile of Street B to match the preliminary profile of Street B as identified by the City to accommodate the future extension of this street. The grading plan must be adjusted accordingly. 2. Prior to release of the final plat, the proponent shall: A. Submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. B. Pay all City sewer and water assessment and connection fees. 3. Prior to grading permit issuance, the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. 4. Prior to building permit issuance for the property, the proponent shall: A. Pay the appropriate cash park fee. 5. Provide building documentation to the Building Official verifying that the houses will meet an interior noise reduction to 45 dBA according to the Metropolitan Council's Builders Guide. 6. Provide a disclosure statement to all first homeowners advising of the propose airport expansion and associated over flights. 7. The construction of the storm water pipe is subject to a signed and executed Temporary Right of Entry Agreement with MAC. New Project--Area Location Map The Meadows at Riley Creek 2012 Rempfer/Driver Address: 9845 Sky Lane, Eden Prairie, MN 55347 (Rempfer) 9805 Sky Lane, Eden Prairie, MN 55347 (Driver) `- .J/ cFnnkc,K- // >/ / t , ALTO WAY I / \ \ Y m I STRATUS C- I I 411, SITE sk,, Eden Prairie Road 4,• - y Sk Lane Illk11/4 SITE _ ---- I Beverly Drive I a a Li 0 a J I w 1V 0 295 590 1180 eet I I I 1 1 1 1 Guide Plan Map The Meadow at Riley Creek 2012 Rempfer/Driver 9845 and 9805 Sky Lane, Eden Prairie, MN Irraill 1 A I I I Oil I I r -• SITE Eden Prairie Road Li EllWi i miri..._ , I SITE 1 Beverly Drive City of Ed n Prairie Land Te Guide Plan I .a-p\ 000-2020 Legend N Rural Residential 0.10 Units/Acre Neighborhood Commercial Streams Low Density Residential 0-2.5 Units/Acre - Community Commercial Principal Arterial I//�I Low Density/Public/Open Space - Regional Commercial —A Minor Arterial RI B Minor Arterial 77 Medium Density residential 2.5-10 Units/Acre -Town Center DATE Approved 03-19-03 DATE Revised 12-06-06 Major Collector DATE Revised 11-07-05 DATE Revised 03-01-07 EDEN n Medium Density Residential/Office - Park/Open Space DATE Revised 02-03-06 DATE Revised 06-01-07 Minor Collector DATE Revised 02-23-06 DATE Revised 10-01-07 1 High Density Residential 10-40 Units/Acre - Public/Quasi-Public DATE Revised 03-23-06 DATE Revised 03-01-08 DATE Revised 06-23-06 DATE Revised 03-01-09 WI Airport Golf Course PRAIRIE Office - Church/Cemetary V/� Office/Industrial Open Water :op... .o m_ ®—o.a„ .a.®u®YeF L�VE•wOB1C•QAEAM VA Office/Public/Open Space =fight-Of-Way 0.125 0 - Industrial I I Miles Zoning Map The Meadows at Riley Creek 2012 Rempfer/Driver 9845 and 9805 Sky Lane, Eden Prairie MN .1 / \ \\\:::,,.j A _ i'.''.'-\\'''' I,,.--•-.,. VIM tw,.. Sky Lane 4111, Eden Prairie Road i NINF. SITE lii_ -?••••, Y / • SITE Illilefri. Beverly Drive of Eden Prairie Zoning Map I i Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. 1-7 TC-C NE I Natural Environment Waters R1-22 One Family-22,000 sf min. n TC-R I RD I Recreational Development Waters R1 13.5 One Family 13,500 sf min. A.TC-MU I GD I General Development Waters(Creeks Only) t . i R1-9.5 One Family-9,500 sf min. Industrial Park-2 Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. En Industrial Park- 5 Acre Min. EDEN Up dated through approved Ordinances#26-2008 -RM-2.5 Multi-Family-17.4 U.P.A.max. General Industrial-5 Acre Min. Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Office J Public Date:March 1,2009 Neighborhood Commercial I Golf Course In case of discrepancy related to a zoning classitmaeon on this zoning map,the ordinance uVE•WOHK•OHEAM and attached legal description on file at Eden Paine Ciry Center will prevail. -Community Commercial Water -Highway Commercial Right of Way 0 0.05 0.1 -Regional Service Commercial _,op....,��mo..,...,ti4..o..o.a., Miles °%- ...L.I..m ,..,,m„ Aerial Map The Meadows at Riley Creek 2012 Rempfer/Driver 9845 and 9805 Sky Lane, Eden Prairie, MN ti T V. -..-. _ i.,-.0 .17.k.-, Z 4. \e'...\\ 44 . . Sky Lane SITE ( Yi �•- .? it �! • i \ — , . •.� .51 ,r k ' Eden Prairie Road •.. SITE1,40.1.ft.:4` ,ntytti, • - r 'Ir sq Beverly Drive s t i---f ti _ !��l,yy 11� ' 4't # - A let, l�►. , ') t: ,e 1 q , r*,' r Or' APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,JUNE 11, 2012 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: Steven Frank, Matt Fyten, John Kirk, Katie Lechelt, Jacob Lee, Jerry Pitzrick, Kevin Schultz, Jon Stoltz, Travis Wuttke STAFF MEMBERS: Michael Franzen, City Planner Rod Rue, City Engineer Stu Fox, Manager of Parks and Natural Resources Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Vice Chair Fyten called the meeting to order at 7:00 p.m. Lechelt, Lee and Stoltz were absent. II. APPROVAL OF AGENDA MOTION by Pitzrick, seconded by Frank, to approve the agenda. Motion carried 6-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON MAY 14, 2012 MOTION by Kirk, seconded by Pitzrick, to approve the minutes. Motion carried 2-0. Kirk, Pitzrick, Schultz and Wuttke abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. THE MEADOWS AT RILEY CREEK 2012 —REMFER/DRIVER By Marsh Cove, LLC Location: 9805 & 9845 Sky Lane Request for: • Planned Unit Development Concept Review on 10.11 acres EDEN PRAIRIE PLANNING COMMISSION MINUTES June 11, 2012 Page 2 • Planned Unit Development District Review on 10.11 acres • Zoning District Change from Rural to R1-13.5 on 10.11 acres • Preliminary Plat of 10.11 acres into 23 lots, 1 outlot and road right-of-way Steve Bona, of Homestead Partners, presented the proposal. He stated they are back tonight after working with City Staff on access issues, hauling significant material and storm water pipes. They believe a temporary pipe would be best because the MAC road would have to be torn up to put the permanent pipe in. If the MAC property develops in the future, then the temporary pipe can be removed. Mr. Bona stated a continuance to the next meeting can work for them as long as they can make it to the next City Council meeting. Vice Chair Fyten asked Franzen to review the staff report. Franzen stated that the project conforms to the requirements of the R1-13.5 Zoning District and that the staff recommendation is to continue the item to the next meeting to work out issues with the storm water drainage. Vice Chair Fyten opened the meeting up for public input. There was no input. MOTION by Frank, seconded by Pitzrick, to recommend a continuance to the June 25, 2012 meeting. Motion carried 6-0. Vice Chair Fyten said that new public hearing notices will not be mailed out. VII. PLANNERS' REPORT Franzen stated in addition to the continued items there will be one new public hearing on the June 25. VIII. MEMBERS' REPORT IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION by Kirk, seconded by Frank, to adjourn the meeting. Motion carried 6-0. There being no further business, the meeting was adjourned at 8:32 p.m. APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,JUNE 25, 2012 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: Steven Frank, Matt Fyten, John Kirk, Katie Lechelt, Jacob Lee, Jerry Pitzrick, Kevin Schultz, Jon Stoltz, Travis Wuttke STAFF MEMBERS: Michael Franzen, City Planner Rod Rue, City Engineer Stu Fox, Manager of Parks and Natural Resources Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Vice Chair Fyten called the meeting to order at 7:00 p.m. Kirk and Stoltz were absent. II. APPROVAL OF AGENDA MOTION by Lee, seconded by Wuttke, to approve the agenda. Motion carried 7-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON JUNE 11, 2012 Pitzrick had a change on page 3,paragraph 2, last sentence. He would like it to read, "Given this, there is a range of 10-20%reduction in homeowner insurance for doing this; which would be a very positive thing and eliminate the need for a secondary road." MOTION by Lee, seconded by Wuttke, to approve the minutes as amended. Motion carried 5-0. Lechelt and Lee abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS EDEN PRAIRIE PLANNING COMMISSION MINUTES June 25, 2012 Page 2 A. HIGH POINT AT RILEY CREEK by Manley Development Location: 9765 Sky Lane Request for: • Zoning District Change from Rural to R1-13.5on 5.0 acres • Preliminary Plat on 5.0 acres into 12 lots Scott Carlston, of 8150 Drexel Court, Eden Prairie, stated they have been working with staff to ensure they are in compliance with the engineering memo and to obtain a right of entry from MAC. Vice Chair Fyten asked Franzen to review the staff report. Franzen stated the revised plan is conforming and staff recommendation is for approval based on page 3 of the staff report. Pitzrick asked what was done with the suggestion from last meeting in regards to requiring that sprinkler systems automatically be installed in the new development. Franzen stated there has been no internal discussion about this item. Pitzrick asked if there were any discussions about the new road. Franzen stated there would be a another point of access on south of Beverly Drive on Eden Prairie Road that can provide access to properties to the west an connect to Beverly Dive. Pitzrick asked what happened with the road north of Beverly Drive. Rue stated the east and west street in this development is purposed to extend easterly and intersect at Eden Prairie Road across from Prospect Road. Pitzrick asked Rue if they were going to be pursuing sprinkler systems in the homes. Rue said they have not because they plan to have many interconnecting streets. Vice Chair Fyten opened the meeting up for public input. There was no input. MOTION by Schultz, seconded by Lee, to close the public hearing. Motion carried 7-0. MOTION by Schultz, seconded by Lechelt, to recommend approval of the Zoning District Change from Rural to R1-13.5 on 5.0 acres into 12 lots, and Preliminary Plat on 5.0 acres based on plans stamped dated June 22, 2012 and the staff report dated June 22, 2012. Motion carried 7-0. B. THE MEADOWS AT RILEY CREEK 2012—REMFER/DRIVER By Marsh Cove, LLC Location: 9805 & 9845 Sky Lane Request for: • Planned Unit Development Concept Review on 10.11 acres • Planned Unit Development District Review on 10.11 acres • Zoning District Change from Rural to R1-13.5 on 10.11 acres • Preliminary Plat of 10.11 acres into 23 lots, 1 outlot and road right-of-way EDEN PRAIRIE PLANNING COMMISSION MINUTES June 25, 2012 Page 3 Steve Bona, of Homestead Partners, 5250 W. 74th Street, Edina, presented the proposal. He stated they have received the final contract from MAC that just needs to be signed and are creating plans for the storm pipe. Vice Chair Fyten asked Franzen to review the staff report. Franzen said the plans conform to the engineering memo. They will need to sign the contract with MAC. Staff recommendation is for approval based on the conditions on page 5 of the staff report. Wuttke asked if the entry agreement with MAC included both parcels. Mr. Bona said it did include both parcels. Vice Chair Fyten opened the meeting up for public input. There was no input. MOTION by Pitzrick, seconded by Schultz,to close the public hearing. Motion carried 7-0. MOTION by Pitzrick, seconded by Lechelt, to recommend approval of the Zoning District Change from Rural to R1-13.5 on 10.11 acres, and Preliminary Plat on 10.11 acres into 23 lots, 1 outlot and road right-of-way based on plans stamped dated June 22, 2012 and the staff report dated June 22, 2012. Motion carried 7-0. C. CLAUS REZONING by Carrie &Bob Claus. Location: 12491 Sunnybrook Road Request for: • Zoning District Change from Rural to R1-13.5 on .5 acres Bob Claus, of 12491 Sunnybrook Road,presented the proposal. He stated they would like to build a two car garage and this conforms to the residential zoning requirements. Vice Chair Fyten asked Franzen to review the staff report. Franzen stated this conforms to the zoning requirements and staff recommendation is for approval based on plans stamped dated May 31, 2012 and the staff report dated June 22, 2012. Vice Chair Fyten opened the meeting up for public input. Dean Longsyo, of 9448 Creekwood Drive, and owner of the adjacent lot next to Mr. Claus's lot, said he is here tonight to offer support for the project. MOTION by Frank, seconded by Wuttke, to close the public hearing. Motion carried 7-0. EDEN PRAIRIE PLANNING COMMISSION MINUTES June 25, 2012 Page 4 MOTION by Frank, seconded by Wuttke, to recommend approval of the Zoning District Change from Rural to R1-13.5 on .5 acres based on plans stamped dated May 31, 2012 and the staff report dated June 22, 2012. Motion carried 7-0. VII. PLANNERS' REPORT Franzen stated the next meeting will be July 9th and there will be two continued items on the agenda; The Woods at Bryant Lake and the Master Technology Group. Franzen stated staff has completed a parking survey of existing apartment buildings and will present the results at the next meeting. VIII. MEMBERS' REPORT A. CITIZEN ADVISORY COMMITTEE—LIGHT RAIL Vice Chair Fyten stated he has only been to one meeting and felt that the committee is very large. Pitzrick stated he also feels it is a very large group but they have a specific agenda. He said it was a good place to express ideas but is not the group that will make decisions. Pitzrick stated he feels the stop by Costco should be changed to the Broadmoor Apartments. It would be more expensive but more beneficial for ridership. Lechelt asked Pitzrick if he brought this up at the meeting because she also agrees with him. Pitzrick said the one meeting he was at he did not have the opportunity and felt it should be done at a smaller meeting with more support. Frank asked who makes decisions regarding the light rail. Franzen said the MET Council makes the decision along with the different city approvals. Wuttke stated he agrees with Pitzrick and feels further though on the alignment still needs to be completed on this and stated giving recommendations to City Staff would be most advantageous. Pitzrick stated it would be beneficial to talk with business around the area to get their support in changing the stop area to Broadmoor Apartments. IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION by Wuttke, seconded by Lee, to adjourn the meeting. Motion carried 7-0. There being no further business, the meeting was adjourned at 7:38 p.m. July 10, 2012 Dear City Council Members, We are Chris and Jill Neilson and we live at 9787 Sky Lane in The Woods At Riley Creek. We are writing to you because we are very concerned about the land development that has been proposed on the side and in back of our home. We think it is very unfortunate that the proposed lot sizes are so small. The one directly behind our house is .31 of an acre,which is less than half the size of our lot and the great majority on our street. It is very unfortunate that the developer would not try to maintain the integrity of the neighborhood with comparable size lots/homes. There will be no way to build a home that is anywhere comparable in price to the homes that already exist in the neighborhood. If the builder builds a $600,000 home on that lot then it would basically be 1/3 of the cost of our home and it will be just a few feet from our property line. That is a huge discrepancy. We know that most of our neighbors are also concerned about the proposed lot sizes. We realize that this will bring in more property tax dollars for the city but it will most likely impact the value of the existing homes in our development thereby decreasing our property taxes. We are not sure of the exact number of lots that are in our development but we think it is 38. We have lived here for 5 years and there have been only 16 homes completed and sold since the development began 7 or 8 years ago. There are 5 other spec houses that are for sale-one has been for sale for 4 years and another for 2 years. We already have a lot of empty,buildable lots around us that have not sold. We are concerned that we will have dirt lots everywhere. The proposed new road that will allow access to the Driver and Smith properties will be directly next to our new pool. Less than two years ago we had to have City Council approval before building it. We spent a large amount of money to re- engineer the yard because it was extremely difficult to build and gain any privacy. We would not have done this if we had known there was going to be another major road so close to it. We also have absolutely no plans to allow this new road to be built through our yard/pool. We understand that the developer told people that we had agreed to let them build right through our pool when in fact we have never spoken to him about it. If this road does gain approval then we would like to propose that the developer be required to replace the large,beautiful trees that he will most certainly have to destroy to put it in. Sincerely, Chris &Jill Neilson 9787 Sky Lane cvneilson@msn.com 952-303-3789 CITY COUNCIL AGENDA DATE: SECTION: Public Hearing July 17, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.G. Christy Weigel, Licensing Precious Metal Dealer License—Aurora Jewelers Police/Support Unit Requested Action Move to: • Close the Public Hearing; and ■ Approve the Precious Metal Dealer's License for Aurora Designs, Inc, DBA: Aurora Jewelers Synopsis Aurora Jewelers, located at 11995 Singletree Lane#130, has applied for a Precious Metal Dealer's License. A public hearing for the issuance of a Precious Metal Dealer's license is required by City Code Section 5.71, Subd. 10. Notice of the public hearing was published in the July 5, 2012, Eden Prairie News and mailed to 22 property owners. A Precious Metal Dealer is defined as any person engaging in the business of buying secondhand items containing precious metal, including, but not limited to,jewelry, watches, eating utensils, candlesticks, and religious and decorative objects. The Police Department has completed background investigations on the owner and business and recommends approval of this license. CITY COUNCIL AGENDA DATE: SECTION: Public Hearing July 17, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.H. Christy Weigel, Licensing Precious Metal Dealer License—Gold Money Police/Support Unit Express Requested Action Move to: • Close the Public Hearing; and • Approve the Precious Metal Dealer's License for Gold Money Express, LLC, DBA: Gold Money Express Synopsis Gold Money Express, located at 8251 Flying Cloud Drive #1210, has applied for a Precious Metal Dealer's License. A public hearing for the issuance of a Precious Metal Dealer's license is required by City Code Section 5.71, Subd. 10. Notice of the public hearing was published in the July 5, 2012 Eden Prairie News and mailed to 139 property owners. A Precious Metal Dealer is defined as any person engaging in the business of buying secondhand items containing precious metal, including,but not limited to,jewelry, watches, eating utensils, candlesticks, and religious and decorative objects. The Police Department has completed background investigations on the owner and business and recommends approval of this license. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims July 17, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X. Sue Kotchevar, Office of the Payment of Claims City Manager/Finance Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 219409—220079 Wire Transfers 1001003 - 10011067 Wire Transfers 4495 - 4517 Purchasing Card June Payment 4511 City of Eden Prairie Council Check Summary 7/17/2012 Division Amount Division Amount General 285,614 502 Park Development 1,000 100 City Manager 915 509 CIP Fund 14,617 101 Legislative 1,139 512 CIP Trails 401 102 Legal Counsel 50,000 522 Improvement Projects 2006 1,435 110 City Clerk 1,493 526 Transportation Fund 13,711 111 Customer Service 11,558 Total Capital Project Funds 31,164 112 Human Resources 441 113 Communications 11,082 114 Benefits&Training 13,070 601 Prairie Village Liquor 230,936 130 Assessing 45 602 Den Road Liquor 382,357 131 Finance 289 603 Prairie View Liquor 283,089 132 Housing and Community Services 6,021 605 Den Road Building 4,094 133 Planning -717 701 Water Fund 428,379 136 Public Safety Communications 7,582 702 Sewer Fund 374,567 137 Economic Development 47 703 Storm Drainage Fund 203,694 138 Community Development Admin. 38 Total Enterprise Funds 1,907,116 151 Park Maintenance 79,450 152 Parks Capital Outlay 137 316 WAFTA 287 153 Organized Athletics 9,945 803 Escrow Fund 18,910 154 Community Center 19,098 806 SAC Agency Fund 16,555 156 Youth Programs 7,488 807 Benefits Fund 1,029,725 157 Special Events 8,753 810 Workers Comp Insurance 126,623 158 Senior Center 4,814 811 Property Insurance 3,337 159 Recreation Administration 2,171 812 Fleet Internal Service 99,822 160 Therapeutic Recreation 47 813 IT Internal Service 48,299 161 Oak Point Pool 1,058 814 Facilities Capital ISF 21,221 162 Arts 21,062 815 Facilites Operating ISF 93,789 163 Outdoor Center 3,243 816 Facilites City Center ISF 125,454 164 Park Rental Facilities 646 817 Facilites Comm.Center ISF 74,249 166 CC-Therapeutic Recreation 41 Total Internal Service Funds 1,658,269 168 Arts Center 8,977 171 AC-Therapeutic Recreation 50 180 Police 28,984 Report Totals 4,786,738 183 Emergency Preparedness 67 184 Fire 32,383 186 Inspections 810 200 Engineering 7,272 201 Street Maintenance 54,272 202 Street Lighting 69,646 Total General Funds 749,028 301 CDBG 23,401 303 Cemetary Operation 788 304 Senior Board 369 308 E-911 1,829 309 DWI Forfeiture 43 312 Recycle Rebate 343 317 Eden Prairie Players 109 Total Special Revenue Funds 26,883 424 G.O.Improvement Bonds 2003D 6,425 429 G.O.Improvement Bonds 2005C 101,573 430 G.O.Improvement Bonds 2006A 110,931 431 G.O.Improvement Bonds 2006B 78,566 433 2007A Facility Lease-3rd Rink 33,165 438 G.O.Bonds(SCBA)2011B 5,719 443 Shady Oak Rd-CR 61 North 77,900 Total Debt Service Funds 414,279 City of Eden Prairie Council Check Register 7/17/2012 Check# Amount Vendor/Explanation Account Description Business Unit Explanation 219696 314,449 METROPOLITAN COUNCIL ENVIRONME MCES User Fee Sewer Utility-General MCES Monthly Fee 219779 300,720 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits Medical/Dental Premium 4508 291,070 WELLS FARGO BANK MINNESOTA NA Interest G.O.Improvement Bonds 2006B Debt Payment 4513 221,639 CERIDIAN State Taxes Withheld Health and Benefits Taxes Withheld 4500 207,330 CERIDIAN State Taxes Withheld Health and Benefits Taxes Withheld 219882 156,056 NINE MILE CREEK WATERSHED DIST Other Contracted Services Storm Drainage EP Lakes Water Quality Impr Proj 4516 133,564 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 4503 129,911 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 219684 125,173 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Workers Comp Insurance Insurance Payment 4495 120,070 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund Sales&Use Tax 1001073 118,807 SRF CONSULTING GROUP INC Improvement Contracts Shady Oak Road/CR 61 SOUTH Shady Oak Rd/CR 61 South 219586 94,667 XCEL ENERGY Electric City Hall-CAM 220067 77,500 WELLS FARGO BANK N A Right of Way&Easement Shady Oak Rd-CR 61 North 219776 70,571 XCEL ENERGY Electric Flying Cloud Off Leash Park 219674 49,204 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store 4496 48,606 WELLS FARGO BANK MINNESOTA NA Interest Sewer Capital 219603 42,000 AMERICAN ENGINEERING TESTING I Improvement Contracts Shady Oak Road/CR 61 NORTH 219999 41,115 JOHNSON BROTHERS LIQUOR CO Transportation Den Road Liquor Store 4511 38,342 US BANK June 2012 Purchasing Card Payment 1001054 37,662 GREGERSON ROSOW JOHNSON&NILA Legal Legal Council 219488 36,019 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 219837 35,156 HANSEN THORP PELLINEN OLSON Design&Engineering Improvement Projects 2006 219857 34,610 JOHNSON BROTHERS LIQUOR CO Transportation Den Road Liquor Store 219851 34,280 J&D WINDOW CLEANING Janitor Service-General Bldg Den Bldg.-CAM 219551 33,865 ST CROIX ENVIRONMENTAL INC Design&Engineering Wellhead Protection Plan 219907 33,840 SOUTHERN WINE&SPIRITS OF MN Transportation Den Road Liquor Store 219769 33,130 WIRTZ BEVERAGE MINNESOTA Transportation Den Road Liquor Store 219561 32,502 THANE HAWKINS POLAR CHEVROLET Autos Utility Operations-General 4509 31,015 WELLS FARGO BANK MINNESOTA NA Bank Reserve 2007A Facility Lease-3rd Rink 219589 30,718 MINNESOTA DEPT OF HEALTH Miscellaneous Water Testing 220072 29,556 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 219700 29,256 MINNESOTA DEPT OF HEALTH Miscellaneous Water Testing 1001047 25,875 DIVERSE BUILDING MAINTENANCE Janitor Service Senior Center 1001125 24,375 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating 219599 24,309 ABM JANITORIALSERVICES-NORTH C Cleaning Supplies Police City Center 1001103 24,114 LOGIS LOGIS IT Operating 220071 23,678 WIRTZ BEVERAGE MINNESOTA Transportation Den Road Liquor Store 1001077 22,954 THORPE DISTRIBUTING Beer Prairie View Liquor Store 219580 22,925 WIRTZ BEVERAGE MINNESOTA Transportation Prairie Village Liquor Store 1001094 22,854 ESS BROTHERS&SONS INC Equipment Parts Sewer System Maintenance 219878 21,446 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant 1001013 21,221 ENVIRONMENTAL PROCESS INC Other Contracted Services Facilities Capital 1001031 21,199 THORPE DISTRIBUTING Misc Taxable Prairie Village Liquor Store 219793 21,163 ADVANCED ENGINEERING&ENVIRON Design&Engineering Water Wells 219549 21,034 SOUTHERN WINE&SPIRITS OF MN Transportation Prairie Village Liquor Store 220046 20,889 SOUTHERN WINE&SPIRITS OF MN Transportation Prairie View Liquor Store 4502 20,579 ING Deferred Compensation General Fund Check# Amount Vendor/Explanation Account Description Business Unit Explanation 219630 20,546 COMMERCIAL ASPHALT CO Asphalt Overlay Street Maintenance 4515 20,161 ING Deferred Compensation General Fund 219581 19,451 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie Village Liquor Store 219523 19,352 PHILLIPS WINE AND SPIRITS INC Liquor Den Road Liquor Store 1001079 18,470 WENCK ASSOCIATES INC Other Contracted Services Storm Drainage 219784 18,227 LIFE INSURANCE COMPANY OF NORT Life Insurance EE/ER Health and Benefits 219770 17,064 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 219625 16,989 CARGILL SALT Salt Snow&Ice Control 219621 16,769 BONNER&BORHART LLP Legal Legal Criminal Prosecution 1001164 16,753 THORPE DISTRIBUTING Beer Den Road Liquor Store 219528 16,297 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 219728 16,297 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 4514 16,169 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 4501 16,024 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 219759 16,000 VR BUILDERS Other Contracted Services Rehab 219852 15,583 JJ TAYLOR DISTRIBUTING MINNESO Transportation Den Road Liquor Store 219905 15,322 SOUTH METRO PUBLIC SAFETY TRAI Other Contracted Services Public Safety Training Facilit 1001124 15,275 WALL TRENDS INC Contract Svcs-Gener Arts Center 219483 14,928 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie Village Liquor Store 1001011 14,739 DAY DISTRIBUTING Beer Prairie Village Liquor Store 219935 14,633 WIRTZ BEVERAGE MINNESOTA BEER Beer Den Road Liquor Store 219995 14,518 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 220014 14,182 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 220047 14,165 ST CROIX ENVIRONMENTAL INC Other Contracted Services Water Capital 1001091 14,057 DAY DISTRIBUTING Beer Den Road Liquor Store 1001151 14,015 MINNESOTA ROADWAYS CO Contract Svcs-Asphalt/Concr. City Hall-CAM 219470 13,711 HENNEPIN COUNTY TREASURER Capital Under$25,000 Transportation Fund 219462 13,424 GRAYMONT Treatment Chemicals Water Treatment Plant 219833 13,398 GRAYMONT Treatment Chemicals Water Treatment Plant 219984 13,370 GRAYMONT Treatment Chemicals Water Treatment Plant 219724 13,117 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store 1001119 12,836 THORPE DISTRIBUTING Beer Den Road Liquor Store 219529 12,468 PRAIRIEVIEW RETAIL LLC Utilities Prairie View Liquor Store 219729 12,468 PRAIRIEVIEW RETAIL LLC Utilities Prairie View Liquor Store 4517 12,365 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 220033 12,138 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store 219757 11,751 VERIZON WIRELESS Operating Supplies Fire 1001064 11,482 MCQUAY INTERNATIONAL Contract Svcs-HVAC Fire Station#1 1001071 10,800 ORACLE AMERICA INC Software Organizational Services 219519 10,539 PASS FENCING Capital Under$25,000 Staring Lake 219817 10,360 COURT SURFACES&REPAIR Seal Coating Park Maintenance 219892 10,196 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store 1001035 10,174 WALL TRENDS INC Contract Svcs-General Bldg Park Shelters 219861 9,844 LANO EQUIPMENT INC Capital Under$25,000 Capital Maint.&Reinvestment 1001044 9,708 BRAUER& ASSOCIATES LTD Improvements to Land Capital Impr/Maint Fixed 219668 9,603 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 1001136 9,075 DAY DISTRIBUTING Misc Taxable Prairie Village Liquor Store 219934 8,891 WIRTZ BEVERAGE MINNESOTA Liquor Den Road Liquor Store 1001087 8,833 CENTERPOINT ENERGY SERVICES IN Gas Public Works/Parks 1001030 8,812 STREICHERS Machinery&Equipment Park and Recreation 1001146 8,798 GREENSIDE INC Contract Svcs-Lawn Maint. City Hall-CAM Check# Amount Vendor/Explanation Account Description Business Unit Explanation 219742 8,266 SOUTHERN WINE&SPIRITS OF MN Transportation Prairie View Liquor Store 219911 8,060 STANTEC PLANNING/LANDSCAPE ARC Improvements to Land Park Acquisition&Dev Fixed A 219452 7,548 EULL'S MANUFACTURING CO INC Repair&Maint.Supplies Sewer System Maintenance 1001055 7,191 HAWKINS INC Treatment Chemicals Water Treatment Plant 219653 6,713 GRAYMONT Treatment Chemicals Water Treatment Plant 219419 6,689 B&B PRODUCTS/RIGS AND SQUADS Machinery&Equipment Police 220052 6,507 THYMES TWO INC Contract Svcs-Lawn Maint. City Hall-CAM 219601 6,475 ADVANCED ENGINEERING&ENVIRON Design&Engineering Water Capital 4507 6,425 US BANK TRUST NATIONAL ASSN Interest G.O.Improvement Bonds 2003D 219980 6,300 FRESHWATER HARVESTING INC Other Contracted Services Park Maintenance 219753 6,135 TRAFFIC DATA INC Other Contracted Services Engineering 1001041 6,080 ASPEN EQUIPMENT CO. Machinery&Equipment Park and Recreation 219899 6,000 RIGHTLINE DESIGN LLC Other Contracted Services Communications 219940 5,987 YALE MECHANICAL INC Building Repair&Maint. Water Treatment Plant 1001135 5,928 DAKOTA SUPPLY GROUP INC Merchandise for Resale Water Metering 219660 5,923 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 1001131 5,883 BELLBOY CORPORATION Transportation Prairie Village Liquor Store 219766 5,819 WINE MERCHANTS INC Transportation Prairie View Liquor Store 219618 5,761 BIFFS INC Waste Disposal Park Maintenance 219820 5,750 DICK WHITBECK MUSIC INC Other Contracted Services July 4th Celebration 219658 5,663 HENNEPIN COUNTY TREASURER Board of Prisoner Police 219578 5,467 WINE MERCHANTS INC Transportation Prairie View Liquor Store 1001102 5,306 HAWKINS INC Treatment Chemicals Water Treatment Plant 220060 5,278 VALLEY RICH CO INC Equipment Repair&Maint Water System Maintenance 220077 5,216 XCEL ENERGY Postage Sewer Liftstation 219438 5,057 CONTINENTAL CLAY COMPANY Capital Under$25,000 Arts Center 219939 5,039 XCEL ENERGY Electric Round Lake 1001046 4,999 DAY DISTRIBUTING Misc Taxable Prairie View Liquor Store 219752 4,950 TNC INDUSTRIES INC Contract Svcs-HVAC Police City Center 219510 4,905 MINNESOTA ELEVATOR INC Building Repair&Maint. Water Treatment Plant 219932 4,824 WINE MERCHANTS INC Transportation Den Road Liquor Store 219957 4,798 BECKER ARENA PRODUCTS INC Contract Svcs-Ice Rink Ice Arena Maintenance 220069 4,733 WINE MERCHANTS INC Transportation Den Road Liquor Store 1001058 4,709 INTEGRITY REMODELING&DESIGN Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr 219993 4,364 INNOVATIVE GRAPHICS Clothing&Uniforms Safety Camp 1001042 4,256 BELLBOY CORPORATION Transportation Prairie View Liquor Store 1001107 4,200 MINNESOTA ROADWAYS CO Contract Svcs-Asphalt/Concrt Arts Center 219704 4,150 MINNESOTA SAFETY SERVICES LLC Other Contracted Services Pool Lessons 219794 4,149 AERO DRAPERY AND BLIND Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr 220030 3,986 PAUSTIS&SONS COMPANY Transportation Prairie Village Liquor Store 1001037 3,964 A-SCAPE INC Contract Svcs-Lawn Maint. Den Bldg.-CAM 219889 3,952 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store 1001105 3,941 METRO SALES INCORPORATED* Other Rentals IT Operating 1001005 3,909 ASPEN WASTE SYSTEMS INC. Waste Disposal Fitness/Conference-Cmty Ctr 1001024 3,891 MCQUAY INTERNATIONAL Building Repair&Maint. Water Treatment Plant 219566 3,854 US POSTMASTER Postage Communications 219539 3,812 RIVERS EDGE CONCRETE Asphalt Overlay Street Maintenance 219925 3,750 VALLEY RICH CO INC Equipment Repair&Maint Sewer System Maintenance 219785 3,726 MADISON NATIONAL LIFE Disability Ins Employers Health and Benefits 1001133 3,697 CENTURYLINK Telephone IT Telephone 1001100 3,591 GREENSIDE INC Contract Svcs-Lawn Maint. Fire Station#1 Check# Amount Vendor/Explanation Account Description Business Unit Explanation 219900 3,579 RIVERS EDGE CONCRETE Repair&Maint.Supplies Storm Drainage 219828 3,528 GENERAL REPAIR SERVICE Equipment Parts Water Treatment Plant 219666 3,500 ND SCHOOL DISTRICT 272 Other Contracted Services Housing and Community Service 219725 3,488 PIONEER MANUFACTURING COMPANY Operating Supplies Park Maintenance 219576 3,412 WHEELER LUMBER LLC Building Materials Miller Park 219478 3,337 J A PRICE AGENCY INC Insurance Property Insurance 1001090 3,309 DAKOTA SUPPLY GROUP INC Merchandise for Resale Water Metering 219825 3,297 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 1001139 3,245 ESS BROTHERS&SONS INC Repair&Maint.Supplies Storm Drainage 1001007 3,229 BELLBOY CORPORATION Transportation Prairie View Liquor Store 1001157 3,193 PETERSON BROS ROOFING AND CONS Contract Svcs-Roof 3rd Sheet of Ice 219777 3,175 YOUNGSTEDTS COLLISION CENTER Machinery&Equipment Police 219917 3,168 SURLY BREWING CO Beer Den Road Liquor Store 1001088 3,145 CERIDIAN Ceridian IT Operating 1001027 3,126 NORTHERN SAFETY TECHNOLOGY INC Machinery&Equipment Police 219928 3,119 VOLT Other Contracted Services Storm Drainage 219524 3,113 PICKUP SPECIALTIES Machinery&Equipment Fire 1001122 3,109 VAN PAPER COMPANY C H Robinson-Cleaning Suppli City Hall-Direct Costs 219707 3,090 MOBILE RADIO ENGINEERING INC Equipment Repair&Maint Public Safety Communications 1001110 3,047 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Police City Center 219883 3,039 NORTHSTAR MUDJACKING SPECIALIS Mudjacking Curbs Drainage 1001082 3,003 ABM EQUIPMENT AND SUPPLY COMPA Equipment Repair&Maint Fleet Operating 219592 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage Customer Service 220039 2,978 RIVERS EDGE CONCRETE Repair&Maint.Supplies Storm Drainage 1001086 2,976 CDW GOVERNMENT INC. Other Assets CIP-Bonds 219634 2,973 DURKEE,DAVID Deposits Escrow 219743 2,830 SOUTHWEST SUBURBAN PUBLISHING- Advertising Arts in the Park 1001045 2,821 CERIDIAN Ceridian IT Operating 219720 2,811 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 1001149 2,788 METRO SALES INCORPORATED* Other Rentals IT Operating 219736 2,775 RIVERS EDGE CONCRETE Asphalt Overlay Street Maintenance 1001081 2,757 METRO SALES INCORPORATED* Other Rentals IT Operating 220024 2,747 NORTHSTAR MUDJACKING SPECIALIS Mudjacking Curbs Drainage 219560 2,736 TESSMAN SEED CO Chemicals Park Maintenance 220022 2,700 MN TACTICAL OFFICERS ASSOCIATI Tuition Reimbursement/School Police 219954 2,693 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage 220068 2,674 WINE COMPANY,THE Transportation Den Road Liquor Store 219636 2,637 EARL F ANDERSEN INC Signs Water System Maintenance 219683 2,626 LAVAN FLOOR COVERING Contract Svcs-Gener Arts Center 1001085 2,621 BELLBOY CORPORATION Transportation Den Road Liquor Store 1001052 2,604 GRAINGER Supplies-HVAC Fitness/Conference-Cmty Ctr 219640 2,500 ETHICAL LEADERS IN ACTION LLC Tuition Reimbursement/School Fire 219904 2,500 SLAMHAMMER SOUND CO,INC Other Contracted Services July 4th Celebration 220036 2,465 PROP Refunds CDBG-Public Service 219420 2,463 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage 1001129 2,459 ASPEN EQUIPMENT CO. Capital Under$25,000 Capital Maint.&Reinvestment 1001010 2,375 COMPAR INC Computers Environmental Education 219657 2,370 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Police 1001017 2,363 GENUINE PARTS COMPANY Equipment Parts Fleet Operating 219843 2,354 HOHENSTEINS INC Beer Den Road Liquor Store 220010 2,350 MEALS ON WHEELS Other Contracted Services Housing and Community Service Check# Amount Vendor/Explanation Account Description Business Unit Explanation 219847 2,332 IMPACT PROVEN SOLUTIONS Other Contracted Services Water Accounting 1001165 2,327 VAN PAPER COMPANY Cleaning Supplies City Hall-CAM 220015 2,316 MHSRC/RANGE Tuition Reimbursement/School Police 1001144 2,307 GENUINE PARTS COMPANY Repair&Maint.Supplies Water System Maintenance 1001163 2,254 STREICHERS Clothing&Uniforms Reserves 219511 2,254 MINNESOTA PIPE AND EQUIPMENT* Equipment Parts Water System Maintenance 219659 2,212 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 219623 2,207 BRYAN ROCK PRODUCTS INC Gravel Sewer System Maintenance 219675 2,206 KEEPERS Clothing&Uniforms Fire 219474 2,203 HOHENSTEINS INC Beer Prairie Village Liquor Store 1001166 2,185 VINOCOPIA Transportation Den Road Liquor Store 1001126 2,178 A-SCAPE INC Contract Svcs-Lawn Maint. Den Bldg.-CAM 219520 2,163 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store 219512 2,154 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake 219929 2,150 WELLS FARGO BANK MINNESOTA NA Paying Agent 2007A Facility Lease-3rd Rink 219413 2,133 ALTERNATIVE BUSINESS FURNITURE Capital Under$25,000 FF&E-Furn,Fixtures&Equip. 219496 2,100 LANDMARK REMODELING LLC Other Contracted Services Rehab 219631 2,037 COSTCO Employee Award Organizational Services 219593 2,022 RICHFIELD,CITY OF Autos Park and Recreation 219781 2,000 EDEN PRAIRIE,CITY OF Dues&Subscriptions Fire 219898 2,000 RICHFIELD BLACKTOP&CONCRETE Equipment Repair&Maint Water System Maintenance 1001128 1,976 ANCHOR PAPER COMPANY Office Supplies Police 220044 1,969 SOUTH ST PAUL STEEL SUPPLY Signs Park Maintenance 219506 1,930 MHSRC/RANGE Tuition Reimbursement/School Police 4505 1,910 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 219665 1,850 IND SCHOOL DIST 272 Building Rental Summer Theatre 1001032 1,819 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr 219914 1,801 STERLING FENCE INC Building Materials Park Maintenance 219734 1,801 RETROFIT RECYCLING INC Supplies-Electrical Fitness/Conference-Cmty Ctr 219577 1,796 WINE COMPANY,THE Transportation Prairie Village Liquor Store 220063 1,768 VOLUNTEER FIREFIGHTERS BENEFIT Dues&Subscriptions Fire 219848 1,760 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 220043 1,721 SHORT ELLIOTT HENDRICKSON INC Deposits Escrow 219473 1,715 HIRSHFIELD'S Repair&Maint.Supplies Water Treatment Plant 220062 1,701 VOLT Other Contracted Services Storm Drainage 219515 1,698 MTI DISTRIBUTING INC Equipment Repair&Maint Fleet Operating 219764 1,661 WEDDING DAY DIAMONDS Deposits Escrow 219575 1,650 WHATNOTS,THE Other Contracted Services Riley-Jacques Barn 219941 1,646 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Fleet Operating 219867 1,639 METRO FIRE Capital Under$25,000 Police 219983 1,638 GRAPE BEGINNINGS Transportation Den Road Liquor Store 219808 1,616 CAMVACUSA Equipment Repair&Maint Fleet Operating 219931 1,614 WINE COMPANY,THE Transportation Den Road Liquor Store 219830 1,613 GOPHER STATE ONE-CALL OCS-Leak Detection Utility Operations-General 1001112 1,612 RIGID HITCH INCORPORATED Machinery&Equipment Public Works 219709 1,607 MPX GROUP,THE Printing Senior Center Admin 219699 1,513 MIDWEST COCA COLA BOTTLING COM Merchandise for Resale Concessions 219692 1,503 MEDICINE LAKE TOURS Special Event Fees Trips 220074 1,501 WM MUELLER AND SONS INC Gravel Water System Maintenance 219862 1,450 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Workers Comp Insurance 1001009 1,437 CENTERPOINT ENERGY Gas Water Treatment Plant Check# Amount Vendor/Explanation Account Description Business Unit Explanation 1001084 1,436 ANCHOR PAPER COMPANY Office Supplies Customer Service 220075 1,432 WORK CONNECTION,THE Other Contracted Services Park Maintenance 1001104 1,425 LYNDALE PLANT SERVICES Contract Svcs-Garden Rm/Caf. City Hall-CAM 1001057 1,411 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 219952 1,392 ANTENNA PLUS LLC Other Assets CIP-Bonds 219567 1,386 USA MOBILITY WIRELESS INC Pager&Cell Phone IT Operating 1001078 1,361 VAN PAPER COMPANY Cleaning Supplies City Hall-CAM 219415 1,328 AMERICAN RED CROSS Safety Supplies Pool Lessons 219711 1,315 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 1001167 1,314 WESTSIDE EQUIPMENT Equipment Testing/Cert. Fleet Operating 219584 1,314 WORK CONNECTION,THE Other Contracted Services Park Maintenance 1001116 1,311 ST CROIX RECREATION CO INC Operating Supplies Park Maintenance 219874 1,301 MINNESOTA PIPE AND EQUIPMENT* Repair&Maint.Supplies Sewer System Maintenance 1001018 1,301 GRAINGER Supplies-HVAC Den Bldg.-CAM 219632 1,300 CUTLER,MARY Other Contracted Services Summer Theatre 1001051 1,280 GRAFIX SHOPPE Machinery&Equipment Police 219620 1,277 BOLD,PAULINE Instructor Service Outdoor Center 1001101 1,274 HACH COMPANY Laboratory Chemicals Water Treatment Plant 220001 1,272 KEEPERS Clothing&Uniforms Fire 219845 1,267 HOME DEPOT CREDIT SERVICES Repair&Maint-Ice Rink Ice Arena Maintenance 219827 1,265 GE CAPITAL Other Rentals IT Operating 219492 1,246 KO-B INC Equipment Repair&Maint Police 219875 1,240 MINNESOTA POLLUTION CONTROL AG Licenses&Taxes Water Treatment Plant 1001117 1,240 STREICHERS Machinery&Equipment Police 219795 1,200 AIRWATCH LLC Software IT Operating 219923 1,195 UNIVERSITY OF LOUISVILLE Tuition Reimbursement/School Police 1001145 1,192 GRAINGER Supplies-General Bldg Facilities Staff 219937 1,176 WORK CONNECTION,THE Other Contracted Services Park Maintenance 1001123 1,174 VINOCOPIA Transportation Den Road Liquor Store 219428 1,171 BRAUN INTERTEC CORPORATION Improvement Contracts Fixed Assets-Trails 219758 1,147 VOLT Other Contracted Services Storm Drainage 220058 1,131 TWIN CITY MONUMENT CO Building Materials Park Maintenance 219540 1,125 ROBERT C VOGEL Contract Svcs-General Bldg Cummins Grill House 219508 1,123 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Prairie Village Liquor Store 219484 1,121 JOHN DEERE LANDSCAPES/LESCO Repair&Maint.Supplies Utility Operations-General 219594 1,114 RICHFIELD,CITY OF Autos Park and Recreation 219702 1,100 MINNESOTA FIRE SERVICE CERTIFI Tuition Reimbursement/School Fire 1001068 1,096 NORTHERN SAFETY TECHNOLOGY INC Machinery&Equipment Police 219708 1,082 MOORE,LORI Other Contracted Services Summer Theatre 219628 1,062 CLAREY'S SAFETY EQUIPMENT Safety Supplies Utility Operations-General 219661 1,056 HOHENSTEINS INC Beer Den Road Liquor Store 220055 1,052 TRUE FABRICATIONS Operating Supplies Den Road Liquor Store 220057 1,050 TWIN CITY GARAGE DOOR CO Other Contracted Services Rehab 220051 1,040 TEFLER LAWN&LANDSCAPING Other Contracted Services Park Maintenance 219973 1,018 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance 1001070 1,010 O'REILLY AUTOMOTIVE INC Equipment Parts Fleet Operating 219765 1,002 WINE COMPANY,THE Transportation Den Road Liquor Store 219641 1,000 EWEN,KIMBERLY Refunds Storm Drainage 219735 1,000 REZBA,CHRISTOPHER Refunds Storm Drainage 219738 1,000 SANDS DIANE Refunds Storm Drainage 219782 1,000 FRISCHE,BILL Capital Under$25,000 Park Acquisition&Development Check# Amount Vendor/Explanation Account Description Business Unit Explanation 219930 1,000 WENDY SCHMITZ Other Contracted Services Storm Drainage 219416 997 AMERIPRIDE LINEN&APPAREL SER Clothing&Uniforms Den Road Liquor Store 219927 991 VESSCO INC Equipment Parts Water Treatment Plant 219563 990 TRILLIUM TOWER DEVELOPMENT INC Equipment Repair&Maint Public Safety Communications 219535 979 REBS MARKETING Other Contracted Services Water Accounting 1001023 960 KIDCREATE STUDIO Instructor Service Arts Center 219986 939 HIRSHFIELD'S Repair&Maint.Supplies Water Treatment Plant 219460 938 GRAND PERE WINES INC Transportation Prairie View Liquor Store 219643 925 FAGNANT,SUSAN Operating Supplies Outdoor Center 219441 919 CUSTOM HEADSETS INC Capital Under$25,000 E-911 Program 4512 916 CERIDIAN Garnishment Withheld General Fund 219531 913 PRINT SOURCE MINNESOTA Printing Police 1001043 902 BOYER TRUCKS Equipment Parts Fleet Operating 220019 900 MINNESOTA CLAY CO.USA Operating Supplies Arts Center 1001022 900 JEFFERSON FIRE&SAFETY INC Operating Supplies Fire 219894 899 PITNEY BOWES Postage Customer Service 4499 894 CERIDIAN Garnishment Withheld General Fund 219871 893 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 219772 886 WORK CONNECTION,THE Other Contracted Services Park Maintenance 219410 876 PETTY CASH Finance Petty Cash 219749 874 TAPCO Equipment Parts Storm Drainage 219942 870 ZIEBART OF MINNESOTA INC Autos Park and Recreation 219792 859 ABSOLUTE RAIN INC. Contract Svcs-Lawn Maint. City Hall-CAM 219858 854 KAISER,DAVID S Operating Supplies Recreation Admin 219703 851 MINNESOTA PIPE AND EQUIPMENT* Equipment Parts Water System Maintenance 219974 846 EARL F ANDERSEN INC Signs Storm Drainage 219645 845 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 219504 841 MENARDS Repair&Maint.Supplies Water System Maintenance 219963 832 CENTURYLINK Process Control Services Water Treatment Plant 1001099 831 GRAINGER Supplies-Electrical Senior Center 1001141 828 FASTSIGNS Printing Summer Theatre 219448 826 DOMACE VINO Transportation Prairie Village Liquor Store 219959 826 BERNICK'S WINE Wine Domestic Den Road Liquor Store 1001006 810 ASSOCIATED BAG COMPANY Operating Supplies Inspections-Administration 219967 802 CLAREY'S SAFETY EQUIPMENT Office Supplies Customer Service 220000 800 JURICA,LYDIA Other Contracted Services Summer Theatre 1001154 791 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 219574 758 WATSON FURNITURE GROUP Capital Under$25,000 Police City Center 219538 750 RICK,ELIZABETH DEE Instructor Service Outdoor Center 219697 750 MICHAELSON,ELIZABETH H Other Contracted Services Summer Theatre 219879 750 MU PERFORMING ARTS INC Other Contracted Services Staring Lake Concert 219972 748 CWH RESEARCH INC. Employment Support Test Fire 1001147 741 INTEREUM INC Capital Under$25,000 FF&E-Furn,Fixtures&Equip. 219921 740 TRUSIGHT Conference Expense IT Operating 220009 736 MCGINTY-VANSICKLE,PATTI Tuition Reimbursement/School Organizational Services 219635 735 E.J.MAYERS Deposits Escrow 219976 721 EVENT SOUND&LIGHTING Other Rentals Summer Theatre 4497 721 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 219924 719 US HEALTH WORKS MEDICAL GRP MN Health&Fitness Fire 219968 715 CLIMB THEATRE Other Contracted Services Safety Camp 219555 706 SURLY BREWING CO Beer Prairie View Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 1001020 705 GUNDERSON,CONSTANCE L. Instructor Service Arts Center 219534 702 RAY,LEE Other Contracted Services Public Safety Communications 220029 700 PAUL,CYRIL Other Contracted Services Staring Lake Concert 220034 700 PRESTON,WILLIAM T Other Contracted Services Summer Theatre 220042 696 SHAMROCK GROUP,INC-ACE ICE Transportation Den Road Liquor Store 220011 690 MENARDS Small Tools Park Maintenance 219965 683 CHISAGO LAKES DISTRIBUTING Beer Den Road Liquor Store 1001096 682 G&K SERVICES Clothing&Uniforms Fleet Operating 219751 681 TITAN ENERGY SYSTEMS Contract Svcs-Fire/Life/Safe Fire Station#4 1001143 672 G&K SERVICES Clothing&Uniforms Pool Lessons 219887 668 OPPORTUNITY PARTNERS Janitor Service City Hall-CAM 219431 666 BUCK,NATHAN Other Contracted Services Softball 219569 662 VESSCO INC Equipment Parts Water Treatment Plant 220078 660 XTREME INTEGRATION Other Contracted Services IT Telephone 1001075 659 STREICHERS Clothing&Uniforms Police 219644 657 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 219615 650 BELLAND,BRIANNA M Other Contracted Services Summer Theatre 219688 650 MAECK,TOM Other Contracted Services Summer Theatre 1001076 648 TEE JAY NORTH INC Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr 219849 630 ITL PATCH COMPANY INC Operating Supplies Safety Camp 219662 630 HOWE,ERIC Other Contracted Services Summer Theatre 219836 625 GYM WORKS Equipment Repair&Maint Fitness Center 219909 625 SPLATTER SISTERS,THE Other Contracted Services Staring Lake Concert 220041 625 SAMUEL FRENCH INC Operating Supplies Winter Theatre 219881 624 NEUMANN,NEAL Other Contracted Services Softball 1001156 624 OSI BATTERIES INC Office Supplies Police 219987 623 HOHENSTEINS INC Beer Den Road Liquor Store 219890 622 PETERBILT NORTH Equipment Parts Fleet Operating 1001067 619 NORCOSTCO Operating Supplies Summer Theatre 220038 609 RETROFIT RECYCLING INC Waste Disposal City Hall-CAM 1001025 601 MINNESOTA ROADWAYS CO Patching Asphalt Street Maintenance 1001065 601 MINNESOTA ROADWAYS CO Patching Asphalt Street Maintenance 219964 600 CENTURYLINK Maintenance Contracts E-911 Program 219859 600 KALK,JAY Other Contracted Services Staring Lake Concert 219901 600 SAYIBU,FATAWU Other Contracted Services Staring Lake Concert 219873 599 MINNESOTA CONWAY Equipment Repair&Maint Fire 1001148 598 KUSTOM SIGNALS INC Equipment Repair&Maint Police 219912 592 STAPLES ADVANTAGE Office Supplies Customer Service 1001080 590 ZIEGLER INC Equipment Repair&Maint Fleet Operating 219537 578 RICHFIELD,CITY OF Machinery&Equipment Park and Recreation 219573 576 WASTL,GREG Other Contracted Services Softball 219444 575 DEHN,JOSHUA E Other Contracted Services Park Maintenance 219670 569 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant 219992 564 INFRATECH Repair&Maint.Supplies Water System Maintenance 1001130 563 ASPEN WASTE SYSTEMS INC. Waste Disposal Park Maintenance 219627 554 CHISAGO LAKES DISTRIBUTING Beer Den Road Liquor Store 219824 554 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 219866 546 MENARDS Canine Supplies Police 219562 543 THE OASIS GROUP Employee Assistance Organizational Services 219880 542 NETWORK INSTRUMENTS LLC Software IT Operating 1001158 541 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Fitness/Conference-Cmty Ctr Check# Amount Vendor/Explanation Account Description Business Unit Explanation 1001097 540 GOVDELIVERY Software Maintenance IT Operating 219600 536 ADOLPH KIEFER&ASSOCIATES Safety Supplies Fitness Classes 219841 534 HENNEPIN COUNTY I/T DEPT Software Maintenance IT Operating 220017 534 MIDWEST ASPHALT CORPORATION Waste Blacktop/Concrete Street Maintenance 219596 530 WASECA COUNTY SHERIFFS OFFICE Deposits Escrow 219442 528 CUSTOM HOSE TECH Equipment Repair&Maint Fleet Operating 219991 525 ND SCHOOL DIST 272 Printing Community Brochure 1001152 524 MORAN USA,LLC Transportation Den Road Liquor Store 1001029 521 PROSOURCE SUPPLY Operating Supplies Park Facilities 1001118 520 TESSCO INC Machinery&Equipment Police 219616 520 BERNICK'S WINE Beer Prairie View Liquor Store 219903 518 SHAMROCK GROUP,INC-ACE ICE Transportation Den Road Liquor Store 219664 516 HYDRO-VAC INC Equipment Repair&Maint Water System Maintenance 220008 513 MATTS AUTO SERVICE INC Equipment Repair&Maint Fleet Operating 219527 512 PRAIRIE EQUIPMENT COMPANY Equipment Parts Water System Maintenance 1001034 508 VINOCOPIA Transportation Den Road Liquor Store 1001016 507 G&K SERVICES Clothing&Uniforms Tree Disease 219679 507 LAKE COUNTRY DOOR LLC Repair&Maint-Ice Rink Ice Arena Maintenance 219656 504 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Sewer System Maintenance 219936 504 WM MUELLER AND SONS INC Seal Coating Street Maintenance 219597 500 WINONA COUNTY SHERIFF'S DEPART Deposits Escrow 219651 500 GRAND PERE WINES INC Transportation Prairie View Liquor Store 219695 500 METRO SEAMLESS GUTTERS INC Other Contracted Services Rehab 219710 500 MRPA Other Contracted Services Community Center Admin 219886 500 OKEE DOKEE BROTHERS,THE Other Contracted Services Staring Lake Concert 220050 496 SURLY BREWING CO Beer Den Road Liquor Store 219514 487 MPX GROUP,THE Printing Summer Theatre 219545 486 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie Village Liquor Store 219429 483 BRO-TEX INC Operating Supplies Fleet Operating 219582 476 WM MUELLER AND SONS INC Seal Coating Street Maintenance 1001021 474 HACH COMPANY Laboratory Chemicals Water Treatment Plant 219553 471 STRAND MANUFACTURING CO INC Equipment Repair&Maint Water Treatment Plant 219748 470 SURLY BREWING CO Beer Den Road Liquor Store 219832 469 GRAPE BEGINNINGS Transportation Prairie Village Liquor Store 1001160 465 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 219646 453 FRAGALE,ANNETTE Instructor Service Senior Center Programs 1001083 452 AMARA WINES LLC Transportation Den Road Liquor Store 219476 450 IDEAL SERVICE INC Process Control Services Water Treatment Plant 220061 447 VERIZON WIRELESS Pager&Cell Phone Park Maintenance 219585 446 WORLD WIDE CELLARS INC Transportation Prairie View Liquor Store 219693 442 MENARDS Fire Prevention Supplies Fire 219667 441 JAMAR TECHNOLOGIES INC Equipment Parts Fleet Operating 219475 432 HOLMES,TOM Other Contracted Services Softball 219860 432 LAKEVILLE TROPHY CO Operating Supplies July 4th Celebration 219869 430 MICHAELSON,ELIZABETH H Operating Supplies Summer Theatre 219516 426 MYRON WILL LAWN MAINTENANCE Other Contracted Services Pleasant Hill Cemetery 1001109 424 NORTHERN SAFETY TECHNOLOGY INC Machinery&Equipment Police 219994 422 J&D WINDOW CLEANING Janitor Service-General Bldg Arts Center 219507 417 MIDWEST ASPHALT CORPORATION Waste Blacktop/Concrete Street Maintenance 1001038 415 ABM EQUIPMENT AND SUPPLY COMPA Equipment Parts Fleet Operating 1001053 414 GREATAMERICA LEASING CORP. Postage Customer Service Check# Amount Vendor/Explanation Account Description Business Unit Explanation 219895 409 PROP United Way Withheld General Fund 219525 406 PINNACLE DISTRIBUTING Misc Taxable Prairie Village Liquor Store 219950 406 AMERICAN BOTTLING COMPANY,THE Misc Taxable Den Road Liquor Store 220065 400 WATSON CO INC,THE Merchandise for Resale Concessions 219807 400 BROUGH,CHRISTINE KAY Other Contracted Services Staring Lake Concert 219938 400 WRIGHT,JOHN Other Contracted Services Staring Lake Concert 220006 400 LINDAHL,DAVID Other Contracted Services Staring Lake Concert 220023 400 MPCA Licenses,Permits,Taxes Shady Oak Rd-CR 61 North 220076 400 WRIGHT,ELISA Other Contracted Services Staring Lake Concert 219839 400 HD SUPPLY WATERWORKS LTD Equipment Parts Water System Maintenance 219835 398 GS DIRECT Operating Supplies Engineering 219885 396 OENO'S DISTRIBUTION Wine Domestic Prairie View Liquor Store 220053 394 TIMBERWALL LANDSCAPE&MASONRY Landscape Materials/Supp Staring Lake 219638 389 EDEN PRAIRIE MALL LLC Building Rental Police 219948 385 AAA LAMBERTS LANDSCAPE PRODUCT Other Contracted Services Environmental Education 219865 384 MCGREGOR,RANDY Other Contracted Services Softball 219482 378 JERDE,DEREK D Other Contracted Services Volleyball 1001040 376 AMERITRAK Other Contracted Services Snow&Ice Control 219946 373 HOLLINGER,KATHLEEN Operating Supplies Summer Theatre 219990 373 I-STATE TRUCK CENTER Equipment Repair&Maint Fleet Operating 219715 369 NORTHLAND CHEMICAL CORP Operating Supplies Fleet Operating 219945 367 PETTY CASH-POLICE DEPT Police Petty Cash 219804 366 BLOOMINGTON SECURITY SOLUTIONS Supplies-Security Utility Operations-General 219546 364 SIGNSOURCE Supplies-General Bldg City Hall-CAM 219458 362 GETSCHOW,RICK Mileage&Parking Administration 219988 362 HOLLINGER,KATHLEEN Operating Supplies Staring Lake Concert 219798 361 BALLARD,ANNE Refunds Environmental Education 219604 358 AMERICAN RED CROSS Dues&Subscriptions Pool Lessons 1001028 351 PETERSON BROS ROOFING AND CONS Contract Svcs-Roof Fire Station#2 219619 351 BLOOMINGTON SECURITY SOLUTIONS Building Repair&Maint. Riley Lake 219446 350 DIETHELM,TAMMY L Other Contracted Services Pleasant Hill Cemetery 219717 350 OLSON,JOCELYN Other Contracted Services Summer Theatre 219821 350 DIETHELM,TAMMY L Other Contracted Services Park Maintenance 219966 350 CHRIS BEATY INC Other Contracted Services Staring Lake Concert 219459 349 GETTMAN COMPANY Misc Taxable Prairie Village Liquor Store 219691 340 MEADOW GREEN LAWNS INC Other Contracted Services Storm Drainage 219955 340 BATTERIES PLUS Supplies-Electrical City Hall-CAM 219763 339 WEBER,ANNETTE Deposits-P&R Refunds Community Center Admin 219544 336 SCHWARTZ,DONALD Other Contracted Services Softball 219823 336 ELIASON,STEVE J Other Contracted Services Softball 219829 336 GERTENS Landscape Materials/Supp Park Maintenance 219669 335 JOHN DEERE LANDSCAPES/LESCO Landscape Materials/Supp Street Maintenance 1001026 333 NEW FRANCE WINE COMPANY Transportation Prairie Village Liquor Store 219982 332 GRAND PERE WINES INC Transportation Den Road Liquor Store 219877 331 MINNESOTA WANNER COMPANY Equipment Parts Fleet Operating 219637 330 EDEN PRAIRIE DEVELOPMENT LLC Deposits Escrow 220018 330 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 220073 329 WITT,BETH Mileage&Parking Aquatics&Fitness Admin 219698 322 MIDWEST ASPHALT CORPORATION Waste Blacktop/Concrete Street Maintenance 1001049 321 FASTENAL COMPANY Equipment Parts Fleet Operating 219526 321 PLUNKETT'S PEST CPMTROL INC Contract Svcs-Pest Control Historical Buildings Check# Amount Vendor/Explanation Account Description Business Unit Explanation 219771 320 WM MUELLER AND SONS INC Repair&Maint.Supplies Storm Drainage 219762 318 WATSON CO INC,THE Merchandise for Resale Concessions 219803 315 BIFFS INC Other Rentals Recycle Rebate 219809 313 CENTURYLINK Telephone IT Telephone 219652 313 GRAPE BEGINNINGS Transportation Den Road Liquor Store 219981 312 GETTMAN COMPANY Misc Taxable Prairie View Liquor Store 219908 308 SPERR,MARK Other Contracted Services Volleyball 220021 306 MINNESOTA VALLEY ELECTRIC COOP Electric Fredrick Miller Spring 219432 300 CENTURYLINK Telephone IT Telephone 219541 300 ROOT 0 MATIC Equipment Repair&Maint Sewer System Maintenance 219733 300 QUALITY REFRIGERATION Equipment Repair&Maint Concessions 219947 300 RAMSEY COUNTY SHERIFF'S OFFICE Deposits Escrow 1001063 299 MATHESON TRI-GAS INC Repair&Maint.Supplies Water System Maintenance 219481 297 JERDE,BRENDA Other Contracted Services Volleyball 219760 297 WALSER CHRYSLER JEEP Equipment Repair&Maint Fleet Operating 219689 289 MANLEY,SARA Deposits Escrow 219445 288 DESAULNIERS,DAN Other Contracted Services Softball 219677 288 KOTHARI,BHARAT Refunds Water Accounting 220016 287 MICHAELSON,ELIZABETH H Operating Supplies Summer Theatre 219450 286 EARL F ANDERSEN INC Signs Traffic Signs 219498 280 LIFT BRIDGE BREWERY Beer Prairie Village Liquor Store 219570 276 VOLT Other Contracted Services Storm Drainage 219739 274 SCHAFFER,ERIC Deposits Escrow 1001069 274 NUCO2 INC Supplies-Pool Pool Maintenance 1001121 271 TWIN CITY FILTER SERVICE INC Building Materials Water Treatment Plant 1001132 270 CENTERPOINT ENERGY Gas Prairie View Liquor Store 219783 270 CHEN,ZIYUE Deposits Escrow 1001134 270 CERIDIAN Ceridian IT Operating 219550 269 SPECIALTY TURF&AG INC Chemicals Park Maintenance 219682 266 LANZI,BOB Mileage&Parking Ice Rink#1 1001015 265 FERRELLGAS Equipment Parts Fleet Operating 219454 264 FALCK,TIMOTHY R Other Contracted Services Softball 219421 261 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating 1001060 260 KIDCREATE STUDIO Instructor Service Arts Center 1001138 260 ECM PUBLISHERS INC Contract Svcs-HVAC Prairie Village Liquor Store 219633 257 DALE GREEN COMPANY,THE Landscape Materials/Supp Park Maintenance 219846 252 HOUSTON,CHRISTOPHER W Instructor Service Ice Rink#1 220020 250 MINNESOTA DEPARTMENT OF HEALTH Licenses&Taxes WAFTA 219587 248 Z WINES USA LLC Transportation Prairie View Liquor Store 220064 247 WATER CONSERVATION SERVICES IN OCS-Utility Locates Water System Maintenance 220056 246 TURFWERKS Equipment Repair&Maint Park Maintenance 219726 246 PLUNKETT'S PEST CPMTROL INC Contract Svcs-Pest Control Fire Station#3 1001140 245 FASTENAL COMPANY Equipment Parts Fleet Operating 219676 245 KO-B INC Operating Supplies Fire 219801 243 BERNICK'S WINE Wine Domestic Den Road Liquor Store 219853 243 JOHN DEERE LANDSCAPES/LESCO Repair&Maint.Supplies Park Maintenance 219479 242 J H LARSON COMPANY Supplies-Electrical Fire Station#1 219844 240 HOLMES,TOM Other Contracted Services Softball 219558 238 TAYLOR,EMILY Instructor Service Arts Center 219685 237 LEXISNEXIS Other Contracted Services Police 219746 236 SUBURBAN CHEVROLET Equipment Parts Fleet Operating Check# Amount Vendor/Explanation Account Description Business Unit Explanation 219605 231 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 219622 229 BOURGET IMPORTS Transportation Den Road Liquor Store 219461 227 GRAPE BEGINNINGS Transportation Prairie View Liquor Store 219745 225 STAR Dues&Subscriptions Facilities Staff 219819 223 DESIGN DESIGN Transportation Den Road Liquor Store 219731 223 PREMIUM WATERS INC Operating Supplies Fire 219922 222 UNITED WAY United Way Withheld General Fund 219956 221 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating 219816 221 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 1001142 220 FEDEX Postage Senior Center Admin 220049 219 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 219663 218 HUNTER/EMERSON LLC Deposits Escrow 219870 217 MIDWEST ASPHALT CORPORATION Waste Blacktop/Concrete Street Maintenance 219557 216 TACKMIER,KARIE Other Contracted Services Volleyball 219435 215 CLAREY'S SAFETY EQUIPMENT Clothing&Uniforms Utility Operations-General 219552 213 STAPLES ADVANTAGE Office Supplies Customer Service 219471 213 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 219961 212 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 219744 212 SPECIALIZED ENVIRONMENTAL TECH Landscape Materials/Supp Park Maintenance 1001161 208 SPRINT Computers IT Operating 219814 207 COMCAST Wireless Subscription IT Operating 1001008 207 BOUNDLESS NETWORK Clothing&Uniforms Facilities Staff 219719 204 PARLEY LAKE WINERY Wine Domestic Den Road Liquor Store 1001048 202 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions 219642 200 EXECUTIVE OCEAN Awards City Council 1001137 200 DE LAGE LANDEN FINANCIAL SERVI Other Rentals IT Operating 219451 199 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous City Council 219694 198 METRO FIRE Equipment Repair&Maint Fire 1001092 198 DE LAGE LANDEN FINANCIAL SERVI Other Rentals IT Operating 219565 195 US HEALTH WORKS MEDICAL GRP MN Health&Fitness Fire 219915 192 STINSON,STEVEN J Other Contracted Services Softball 4504 190 OPTUM HEALTH FINANCIAL SERVICE Other Contracted Services Health and Benefits 219489 189 KALLIN,LAWRENCE E Other Contracted Services Volleyball 219427 187 BOURGET IMPORTS Transportation Prairie Village Liquor Store 1001012 186 EMERGENCY APPARATUS MAINTENANC Equipment Repair&Maint Fire 219613 186 BATTERIES PLUS Supplies-General Building City Center Operations 1001153 186 NORCOSTCO Clothing&Uniforms Summer Theatre 1001014 185 FASTENAL COMPANY Repair&Maint.Supplies Water Treatment Plant 219499 182 LINDSAY,RYAN Refunds Environmental Education 219741 182 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 219502 180 MATSON,TOM Small Tools Fleet Operating 1001120 180 TRI COUNTY BEVERAGE&SUPPLY Misc Non-Taxable Den Road Liquor Store 219916 177 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 1001039 176 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Fire Station#5 219831 174 GRAND PERE WINES INC Wine Imported Prairie Village Liquor Store 1001162 173 SPS COMPANIES Building Repair&Maint. Park Maintenance 1001066 173 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 1001098 172 GRAFIX SHOPPE Equipment Parts Fleet Operating 219840 170 HENNEPIN CO TAXPAYER SERVICES Software Maintenance IT Operating 219654 168 HART,EDMUND Other Contracted Services Softball 219805 168 BOBBY&STEVE'S AUTO WORLD EDE Equipment Repair&Maint Police Check# Amount Vendor/Explanation Account Description Business Unit Explanation 219414 167 AMERICAN BOTTLING COMPANY,THE Misc Taxable Den Road Liquor Store 219951 167 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 220037 167 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 219802 165 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 1001113 160 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Operating 219480 158 J&R RADIATOR CORP Equipment Parts Fleet Operating 219780 157 LOFFLER COMPANIES INC Equipment Repair&Maint IT Operating 219614 156 BECKER,DAVE Operating Supplies Police 219602 155 AMERICAN BOTTLING COMPANY,THE Misc Non-Taxable Prairie View Liquor Store 219467 153 HEFFERAN,CINDI Operating Supplies Day Care 219687 152 LINDSTROM CLEANING CONST Building Permits General Fund 219716 150 O'SULLIVAN,JOHN Refunds Environmental Education 219834 150 GRESS,MARK Refunds Environmental Education 219888 150 ORION SYSTEMS Other Contracted Services Police 1001056 150 HD SUPPLY FACILITIES MAINTENAN Supplies-Electrical Fitness/Conference-Cmty Ctr 219730 149 PRCHAL,DEREK Asphalt Overlay Street Maintenance 219958 148 BENNING,JEFFREY Mileage&Parking Tree Disease 219796 145 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 219466 144 HEALY,STEPHEN Other Contracted Services Softball 219761 144 WASTL,GREG Other Contracted Services Softball 219789 144 440400-NCPERS MINNESOTA PERA Health and Benefits 219943 144 ZOELLNER,MARK Other Contracted Services Softball 219822 142 DIRECTV Cable TV Community Center Admin 219778 140 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 219411 140 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 219747 140 SUCHITA,SAH Deposits-P&R Refunds Community Center Admin 219790 136 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 219910 136 SPRI PRODUCTS INC Operating Supplies Fitness Classes 1001074 136 ST CROIX RECREATION CO INC Equipment Repair&Maint Staring Lake 219713 135 MUSSELL,KATELIN Other Contracted Services Volleyball 219842 135 HENRY,PAUL Other Contracted Services Volleyball 219971 135 CONSTRUCTION MATERIALS INC Repair&Maint.Supplies Storm Drainage 1001127 134 ADAMS PEST CONTROL INC Maintenance Contracts Utility Operations-General 219740 133 SGC HORIZON LLC Improvements to Land Capital Impr/Maint Fixed 220026 132 OENO'S DISTRIBUTION Wine Domestic Prairie View Liquor Store 219617 131 BERRY COFFEE COMPANY Merchandise for Resale Concessions 219648 131 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Utility Operations-General 1001059 130 JANEX INC Janitor Service City Hall-CAM 1001050 130 GINA MARIAS INC Operating Supplies Fire 1001159 128 PROSOURCE SUPPLY Supplies-General Bldg City Hall-CAM 219791 128 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 219706 128 MINNESOTA WANNER COMPANY Operating Supplies Park Maintenance 219721 127 PETSMART Canine Supplies Police 219893 126 PINNACLE DISTRIBUTING Misc Taxable Den Road Liquor Store 219975 125 EP OPTIMISTS Facility Rentals Park Facilities 219532 123 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 219732 123 QUALITY PROPANE Gas Ice Arena Maintenance 219505 122 MEYER,MARY Asphalt Overlay Street Maintenance 219417 121 ASPEN MILLS Clothing&Uniforms Fire 219612 120 BARRETT MOVING&STORAGE Operating Supplies Summer Theatre 219960 119 BERRY COFFEE COMPANY Merchandise for Resale Concessions Check# Amount Vendor/Explanation Account Description Business Unit Explanation 219737 118 SAHAR,MICHELE Deposits-P&R Refunds Community Center Admin 1001003 117 A-SCAPE INC Contract Svcs-Lawn Maint. Fire Station#2 1001036 116 ZIEGLER INC Equipment Parts Fleet Operating 219953 112 BANK BEER CO Beer Den Road Liquor Store 1001072 111 POMP'S TIRE SERVICE INC Equipment Repair&Maint Fleet Operating 1001095 111 FIRST SUPPLY Supplies-HVAC Fitness/Conference-Cmty Ctr 219609 110 BANK BEER CO Beer Prairie Village Liquor Store 219568 107 VANDENBERGHE,MARK Equipment Repair&Maint Public Safety Communications 220013 106 METRO ATHLETIC SUPPLY Operating Supplies Park Maintenance 219680 105 LANDSCAPE STRUCTURES Repair&Maint.Supplies Miller Park 219800 104 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating 219598 102 PETTY CASH-EPCC Community Center Petty Cash 219425 100 BLOMSTER,JOHN Refunds Environmental Education 219464 100 GUILLOTEL,STEVEN Refunds Environmental Education 219513 100 MOBLEY,MICHAEL Refunds Environmental Education 219650 100 GAUDERMAN,KIMBERLY Refunds Environmental Education 219755 100 UNIVERSITY OF MINNESOTA Testing-Soil Boring Water Treatment Plant 219799 100 BARBARI,LISA Refunds Environmental Education 220079 100 RASMUSSEN,DOUGLAS E Other Contracted Services Staring Lake Concert 1001061 100 KUSTOM SIGNALS INC Equipment Repair&Maint Police 219542 99 ROUES,DANIEL Asphalt Overlay Street Maintenance 1001004 98 AMARA WINES LLC Transportation Prairie View Liquor Store 1001033 98 VIKING ELECTRIC SUPPLY Supplies-HVAC Fire Station#3 219447 96 DIRECTV Cable TV Community Center Admin 219678 96 KRAMER,TRENT C Other Contracted Services Softball 219727 95 PORTA,KITTY Mileage&Parking Elections 4510 93 VANCO SERVICES Miscellaneous Community Center Admin 219920 93 TKO WINES,INC Wine Imported Prairie View Liquor Store 220040 91 ROLFF,JENNY Deposits-P&R Refunds Community Center Admin 219788 90 MINNESOTA POST BOARD Licenses&Taxes Police 219897 87 QUINN,RYAN Mileage&Parking Park Maintenance 220003 87 KRAEMER,KEVIN Operating Supplies Summer Theatre 219896 86 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 220028 85 OXYGEN SERVICE COMPANY Operating Supplies Fire 219606 83 ASPEN MILLS Clothing&Uniforms Fire 219554 82 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 219611 81 BARNES,BELINDA A. Other Contracted Services Volleyball 219681 81 LANO EQUIPMENT INC Equipment Parts Fleet Operating 219608 81 AT&T MOBILITY Pager&Cell Phone Water System Maintenance 219433 80 CHRISTENSEN,JOANN Asphalt Overlay Street Maintenance 219437 78 CONNORS,SARAH Deposits-P&R Refunds Community Center Admin 220054 78 TKO WINES,INC Wine Imported Prairie View Liquor Store 220005 76 LIBERTY TIRE RECYCLING-MN Waste Disposal Fleet Operating 220025 75 O'BRIEN,COLLIN L. Deposits-P&R Refunds Community Center Admin 4498 75 VANCO SERVICES Miscellaneous Community Center Admin 219705 75 MINNESOTA STATE FIRE CHIEFS AS Dues&Subscriptions Fire 219919 72 TIMM,KEVIN Other Contracted Services Softball 219547 70 SILVERMAN,STAFAN Refunds Environmental Education 219884 70 NSWFA Tuition Reimbursement/School Fire 1001106 70 METROPOLITAN FORD Equipment Repair&Maint Fleet Operating 1001155 70 NUCO2 INC Supplies-Pool Pool Maintenance Check# Amount Vendor/Explanation Account Description Business Unit Explanation 219430 69 BROOKSIDE GARDEN CENTER Asphalt Overlay Street Maintenance 219774 69 WYERS,JOAN Deposits-P&R Refunds Community Center Admin 219543 67 SACHA,MIKE Deposits-P&R Refunds Community Center Admin 219453 67 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 219810 66 CHRISTENSEN,MARGE Deposits-P&R Refunds Community Center Admin 219439 66 CROSSFIELD,JANELLE Mileage&Parking Community Center Admin 219440 66 CUB FOODS EDEN PRAIRIE Training Supplies Police 1001114 66 SPRINT Telephone Engineering 219806 64 BOHNSACK,SUE Mileage&Parking Senior Center Admin 219456 64 FSH COMMUNICATIONS LLC Telephone Round Lake 219517 63 NORTH CENTRAL LABORATORIES Lab Supplies Water Treatment Plant 219610 62 BARETT,SUNNY Deposits-P&R Refunds Community Center Admin 219572 62 WALSER CHRYSLER JEEP Equipment Repair&Maint Fleet Operating 219872 62 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 219714 62 NORTHERN HEATING&AC Cash Over/Short General Fund 219649 62 GARTON,EVERETT Mileage&Parking Tennis 219426 61 BLOOMINGTON SECURITY SOLUTIONS Operating Supplies Park Maintenance 219655 61 HAYDEN,DOUGLAS E Operating Supplies Fire 219468 60 HELSTROM,JEFFREY Deposits Community Center Admin 1001089 58 CONNEY SAFETY PRODUCTS Office Supplies Customer Service 219773 57 WRESH,JANINA Mileage&Parking Police 219926 54 VAZQUEZ,EDMUND Misc Taxable Den Road Liquor Store 219996 54 JOHN DEERE LANDSCAPES/LESCO Repair&Maint.Supplies Park Maintenance 219690 54 MATSON,TOM Small Tools Fleet Operating 1001093 53 DMX MUSIC Other Contracted Services Prairie Village Liquor Store 219718 53 PARK SUPPLY OF AMERICA INC Supplies-Plumbing Fitness/Conference-Cmty Ctr 220007 53 MACQUEEN EQUIPMENT INC Equipment Parts Sewer System Maintenance 219530 52 PREBARICH,JOHN Refunds Environmental Education 219818 52 CUSTOM HOSE TECH Equipment Parts Fleet Operating 220027 52 OLSON,JONATHAN Deposits-P&R Refunds Community Center Admin 219494 52 KRAEMERS HARDWARE INC Repair&Maint-Ice Rink 3rd Sheet of Ice 219969 51 COMCAST Dues&Subscriptions City Council 219469 50 HENDERSON,JIM Refunds Environmental Education 219686 50 LINDER,GREGORY Refunds Environmental Education 219902 50 SCHUH,CINDY Refunds Environmental Education 219918 50 TAYLOR,EMILY Other Contracted Services AC-New Adaptive 220059 50 US HEALTH WORKS MEDICAL GRP MN Employment Support Test Organizational Services 219826 49 FORSLUND,LORRAINE Refunds Environmental Education 219838 49 HANSON,BRYAN Refunds Environmental Education 219863 49 LUNDQUIST,DOROTHY Refunds Environmental Education 219457 45 GALLMAN,NANCY Deposits-P&R Refunds Community Center Admin 219756 45 US HEALTH WORKS MEDICAL GRP MN Health&Fitness Fire 219977 45 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 219750 43 THOMPSON,KATIE Refunds Environmental Education 219422 40 BILSE,GERALD Deposits Community Center Admin 219434 40 CHRISTENSON,JORNADINE&WENDE Deposits Community Center Admin 219436 40 COFFMAN,WILLIAM&CAROL Deposits Community Center Admin 219501 40 MATHIEU,JOAN Deposits Community Center Admin 219647 40 FUSCO,PAUL J Instructor Service Outdoor Center 219626 39 CENTURYLINK Telephone E-911 Program 219624 37 CAMPBELL KNUTSON,P.A. Legal WAFTA Check# Amount Vendor/Explanation Account Description Business Unit Explanation 219786 36 MAHMUTOVIC,ARMIN Deposits Escrow 219864 35 MCFOA Dues&Subscriptions City Clerk 219985 35 GROTH MUSIC Office Supplies Community Band 219607 34 AT&T Telephone E-911 Program 4506 34 VANCO SERVICES Bank and Service Charges Sewer Utility-General 1001019 33 GREGERSON ROSOW JOHNSON&NILA Legal Legal Council 219443 32 CUSTOM REFRIGERATION INC Supplies-Plumbing Public Works/Parks 219811 30 COMCAST Operating Supplies Fire 219449 30 DUPONT,JOSEPH&DOROTHY Deposits Community Center Admin 219978 28 FORSMAN,BARBARA Deposits-P&R Refunds Community Center Admin 1001108 26 NORCOSTCO Operating Supplies Summer Theatre 219477 25 IPMA-HR MN Dues&Subscriptions Human Resources 219797 25 AT&T MOBILITY Pager&Cell Phone Park Maintenance 219712 24 MULTIHOUSING CREDIT CONTROL Other Contracted Services Police 219590 23 MINNESOTA DEPT OF HEALTH Licenses,Permits,Taxes Utility Operations-General 219591 23 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water System Maintenance 219701 23 MINNESOTA DEPT OF HEALTH Licenses,Permits,Taxes Utility Operations-General 219979 22 FREDERICK,JANE Deposits-P&R Refunds Community Center Admin 1001111 22 QUICKSILVER EXPRESS COURIER Other Contracted Services Communications 219913 22 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 220048 22 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 219970 21 CONCRETE CUTTING&CORING INC Operating Supplies Street Maintenance 219412 20 ALDRITT,JACKIE Deposits Community Center Admin 219418 20 AXEL,RICHARD Deposits Community Center Admin 219423 20 BLOMQUIST,BRITTANY Deposits Community Center Admin 219424 20 BLOMQUIST,RENAE Deposits Community Center Admin 219463 20 GROVEN,SHARON Deposits Community Center Admin 219465 20 HANSEN,JOHNA Deposits Community Center Admin 219472 20 HEROLD,KERSTEN Deposits Community Center Admin 219491 20 KNUTSON,LARRY Deposits Community Center Admin 219495 20 KUHLMAN,BARBARA Deposits Community Center Admin 219497 20 LARSON,DOROTHY Deposits Community Center Admin 219500 20 LIU,HOWARD Deposits Community Center Admin 219518 20 PAGE,AARON Deposits Community Center Admin 219533 20 RADTKE,AMANDA Deposits Community Center Admin 219556 20 SWARTOUT,CYNTHIA Deposits Community Center Admin 219583 20 WOOLF,REBECCA Deposits Community Center Admin 219588 20 ZIMMER,ABBY Deposits Community Center Admin 220035 19 PRIME SOURCE ONE LLC Operating Supplies Racquetball 1001062 18 LUBRICATION TECHNOLOGIES INC Equipment Parts Fleet Operating 219754 16 UNIFORMS UNLIMITED Clothing&Uniforms Police 219815 16 COMCAST Wireless Subscription IT Operating 219490 15 KEHR,KENNETH Deposits Community Center Admin 219503 15 MCHALE,BERYL Deposits Community Center Admin 219536 15 REEDSTROM,MARLIN Deposits Community Center Admin 219559 15 TAYLOR,LISA G Deposits Community Center Admin 219564 15 UHLER,KATHERINE Deposits Community Center Admin 220002 15 KEY,CHARLOTTE Deposits-P&R Refunds Community Center Admin 220004 15 LARSON,KARI Deposits-P&R Refunds Community Center Admin 220066 15 WEBER,ANNETTE Deposits-P&R Refunds Community Center Admin 219787 14 PENOVICH,LOGAN Deposits Escrow Check# Amount Vendor/Explanation Account Description Business Unit Explanation 219813 13 COMCAST Operating Supplies Fire 1001115 11 SPS COMPANIES Building Repair&Maint. Park Maintenance 219868 11 MFRA INC Deposits Escrow 219962 10 BOLD,PAULINE Operating Supplies Outdoor Center 219989 10 HOOVERSON,ORIN M Inspection Fee Housing Inspections 219876 9 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods 219812 9 COMCAST Cable TV Fire 1001150 9 METROPOLITAN FORD Equipment Parts Fleet Operating 220012 8 MENYA,ISABELLE Deposits-P&R Refunds Community Center Admin 219639 6 ESCAPE FIRE PROTECTION Cash Over/Short General Fund 219493 3 KOCOUREK,JOAN Clothing&Uniforms Police 219629 2 COMCAST Other Contracted Services Police 4,786,738 Grand Total City of Eden Prairie Purchasing Card Payment Report 6/20/2012 Purchasing Card Payment Amount Explanation Vendor Account Description Business Unit 11 US-Irrigation MENARDS Operating Supplies Park Maintenance 178 US-Seal coat leak repair JET BLACK Equipment Repair&Maint Water System Maintenance 75 US-Replacement Radio BEST BUY Equipment Parts Fleet Operating 21 US-Replacement Radio BEST BUY Equipment Parts Fleet Operating 64 US-Lunch-Staff Training OLIVE GARDEN Miscellaneous Senior Center Admin 16 US-Hanging System UNITED STATES POSTAL SERVICE Postage Senior Center Admin 86 US-Somali Open House RAINBOW FOODS INC. Operating Supplies Senior Center Admin 97 US-Gardening Class WALMART COMMUNITY Operating Supplies Senior Center Programs 294 US-Coffee COFFEE WHOLESALE Operating Supplies Senior Board 81 US-Spring Fashion Show BAKERS SQUARE Operating Supplies Senior Center Programs 13 US-Spring Fashion Show BAKERS SQUARE Operating Supplies Senior Center Programs 36 US-Greeting Cards OFFICE DEPOT CREDIT PLAN Operating Supplies Senior Board 9 US-Bingo Supplies DOLLAR TREE STORES,INC. Operating Supplies Senior Center Programs 27 US-Senior Ctr supplies WALMART COMMUNITY Operating Supplies Senior Board 174 US-Pond Pump Repair POND&LIGHTING DESIGNS INC Equipment Repair&Maint Water Treatment Plant 96 US-Well 9 Rebuild DWYER INSTRUMENTS,INC Equipment Repair&Maint Water Treatment Plant 139 US-Squeegee BUCKEYE CLN CT MINNEAPOLIS Cleaning Supplies Water Treatment Plant 75 US-Pond Project DOLPHIN POOL AND SPA Equipment Repair&Maint Water Treatment Plant -7 US-Core Drill-Wall hydrant CROWN RENTAL Building Materials Water Treatment Plant 99 US-Core Drill-Wall hydrant CROWN RENTAL Building Materials Water Treatment Plant 16 US-Baseball MENARDS Operating Supplies Park Maintenance 159 US-Prairie View Gardens MENARDS Building Materials Park Maintenance 253 US-Heavy Adhesive MENARDS Repair&Maint.Supplies Sewer System Maintenance 30 US-Shovel and broom MENARDS Operating Supplies Park Maintenance 125 US-Supplies MENARDS Operating Supplies Utility Operations-General 161 US-Plants BACHMANS CREDIT DEPT Operating Supplies Utility Operations-General 211 US-Landscape Plants BACHMANS CREDIT DEPT Operating Supplies Utility Operations-General 56 US-Meter Meeting GINA MARIAS INC Repair&Maint.Supplies Water Metering 60 US-Electric Supplies MENARDS Repair&Maint.Supplies Park Maintenance 227 US-Water Tank well 9 PREFERRED PUMP Equipment Repair&Maint Water Treatment Plant 575 US-Valves FCX PERFORMANCE INC Equipment Repair&Maint Water Treatment Plant 25 US-Travel Expense DELTA AIR Travel Expense Fire 38 US-Taxi to Airport CHI TAXI MED Operating Supplies Fire 95 US-Lighting VAISALA Operating Supplies Fire 10 US-Recruit Meeting JERRY'S FOODS Operating Supplies Fire 23 US-Recruit Meeting JIMMY JOHNS Operating Supplies Fire 51 US-Recruit Meeting SUBWAY Operating Supplies Fire 35 US-Recruit Meeting SUBWAY Operating Supplies Fire 95 US-Storage Room WALMART COMMUNITY Operating Supplies Community Center Admin 110 US-Stereo and cd's TARGET Operating Supplies Day Care 68 US-B-day supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Birthday Parties 405 US-Water Polo tubes TUBE PRO INC Operating Supplies Fitness Center 104 US-Operational Supplies S&S WORLDWIDE Operating Supplies Birthday Parties 10 US-Crack filler MENARDS Operating Supplies Street Maintenance 155 US-Chlorine Safety Video SAFETY TRAINING SPCLSTS Training Supplies Water Treatment Plant 15 US-Hydrometer VWR INTERNATIONAL INC Lab Supplies Water Treatment Plant 118 US-Hotel/lodging for conf DAYS INN Mileage&Parking Engineering Amount Explanation Vendor Account Description Business Unit 59 US-Hotel/lodging for conf DAYS INN Mileage&Parking Engineering 48 US-Conference SENSIBLE LAND USE COALITION Mileage&Parking Engineering 136 US-Engineer License MN BOARD OF AELSLAGID Licenses,Permits,Taxes Engineering 30 US-Rrecruit Open House CUB FOODS EDEN PRAIRIE Operating Supplies Fire 134 US-Blue Card Trng Lunch PARK TAVERN Operating Supplies Fire 192 US-MCMA Conference GRAND VIEW LODGE Travel Expense Administration 225 US-City/County Mgrs Conf MINNESOTA CITY/COUNTY MANAGEME Conference Expense Administration 25 US-New World Conf/training UNITED AIR Tuition Reimbursement/School Police 25 US-New World Conf/training AMERICAN AIRLINES Tuition Reimbursement/School Police 25 US-New World Conf/training AMERICAN AIRLINES Tuition Reimbursement/School Police 12 US-Schooner Days-Fuel HOLIDAY STATION STORES INC Motor Fuels Fleet Operating 4 US-Computer Supplies MENARDS Miscellaneous IT Operating 901 US-License Renewal ACCESSDATA CORP Miscellaneous IT Operating 198 US-Removable Media MICRO CENTER A/R Miscellaneous IT Operating 220 US-Irrigation tool HOME DEPOT CREDIT SERVICES Small Tools Park Maintenance 70 US-Irrigation MENARDS Repair&Maint.Supplies Park Maintenance 6 US-Irrigation MENARDS Repair&Maint.Supplies Park Maintenance 3 US-Irrigation MENARDS Repair&Maint.Supplies Park Maintenance 119 US-Baseline Irrigation HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Capital Outlay Parks 18 U-Baseline UPS STORE,THE Repair&Maint.Supplies Capital Outlay Parks 580 US-Prairie View Shed MENARDS Building Materials Park Maintenance 272 US-Prairie View Shed MENARDS Building Materials Park Maintenance 15 US-Prairie View Shed MENARDS Building Materials Park Maintenance 35 US-Prairie View Shed MENARDS Building Materials Park Maintenance 341 US-Valve rebuild SWANSON FLOSYSTEMS Equipment Repair&Maint Water Treatment Plant 1,117 US-Bags for dust collectors CYCLONAIRE Equipment Repair&Maint Water Treatment Plant 214 US-Staff Training JOHN HENRY FOSTER MINNESOTA IN Tuition Reimbursement/School Water Treatment Plant 27 US-Flashlight AMAZON.COM Repair&Maint.Supplies Water Treatment Plant 16 US-Frames WALMART COMMUNITY Operating Supplies Fitness Center 26 US-Rec Breakfast CUB FOODS EDEN PRAIRIE Miscellaneous Recreation Admin 250 US-Benefits Conference TRUSIGHT Conference Expense Human Resources 100 US-Job Posting MAAO Employment Advertising Organizational Services 50 US-Binders OFFICEMAX CREDIT PLAN Operating Supplies Fire 42 US-Award Celebration CUB FOODS EDEN PRAIRIE Miscellaneous Housing and Community Service 20 US-epermit web security PAYPAL INC Equipment Repair&Maint IT Operating 40 US-UB Recurring CC's PAYPAL INC Bank and Service Charges Utility Operations-General 20 US-UB Online Processing PAYPAL INC Bank and Service Charges Utility Operations-General 3,482 US-Apr2012 Bldg Surchgs DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 490 US-Apr2012 Bldg Surchgs DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund 573 US-Apr2012 Bldg Surchgs DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund -91 US-Apr2012 Bldg Surchgs DEPT OF LABOR&INDUSTRY Other Revenue General Fund 50 US-Training-K Caliri GOVERNMENT FINANCE OFFICERS AS Conference Expense Finance 50 US-Training-T Robinson GOVERNMENT FINANCE OFFICERS AS Conference Expense Finance 159 US-Books GOVERNMENT FINANCE OFFICERS AS Dues&Subscriptions Finance 47 US-Café Food RAINBOW FOODS INC. Merchandise for Resale Concessions 29 US-Café Food RAINBOW FOODS INC. Merchandise for Resale Concessions 76 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 150 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 43 US-Café Food FRESH SEASONS MARKET Merchandise for Resale Concessions 17 US-Café Food FRESH SEASONS MARKET Merchandise for Resale Concessions 268 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions Amount Explanation Vendor Account Description Business Unit 63 US-Café Food FRESH SEASONS MARKET Merchandise for Resale Concessions 240 US-Café Food SCHWAN'S HOME SERVICE Merchandise for Resale Concessions 21 US-Café Food FRESH SEASONS MARKET Merchandise for Resale Concessions 239 US-License HENNEPIN COUNTY TREASURER Licenses,Permits,Taxes Concessions 123 US-Hydrant pump MENARDS Small Tools Water System Maintenance 25 US-Edina Chamber Mtg EDINA CHAMBER OF COMMERCE Miscellaneous Communications 110 US-Silver Quill Award Entry PAYPAL INC Awards Communications 255 US-Savvy Award Entry PAYPAL INC Awards Communications 608 US-Activator Valve FCX PERFORMANCE INC Equipment Repair&Maint Water Treatment Plant 106 US-iPad project APPLE.COM Operating Supplies Fire 268 US-iPad project APPLE.COM Operating Supplies Fire 773 US-iPad project NATIONAL PRODUCTS INC Operating Supplies Fire 81 US-iPad project NATIONAL PRODUCTS INC Operating Supplies Fire 73 US-Stopwatch SPORTS AUTHORITY Health&Fitness Fire 161 US-iPad project APPLE.COM Operating Supplies Fire 263 US-Rags/Cloths BRO-TEX INC Cleaning Supplies Utility Operations-General 300 US-Chairmats PODANYS Office Supplies Utility Operations-General 171 US-Scrubbing Pads GRANGER Cleaning Supplies Utility Operations-General 286 US-Council Wksp Food RUBY TUESDAY Miscellaneous City Council 38 US-Luncheon Mtg R Rojas SENSIBLE LAND USE COALITION Miscellaneous Community Development Admin. 211 US-Town Hall Mtg KOWALSKI'S MARKET Miscellaneous City Council 64 US-Sunshine Fund-B Johnson BACHMANS CREDIT DEPT Deposits Escrow 192 US-Council Wksp Food DAVANNI'S PIZZA Miscellaneous City Council 60 US-Sunshine Fund-G Esbensen BACHMANS CREDIT DEPT Deposits Escrow 11 US-Shop Supplies NAPA AUTO PARTS Cleaning Supplies Utility Operations-General 14 US-Meet w/historical society r DUNN BROTHERS COFFEE Miscellaneous Recreation Admin 54 US-food GINA MARIAS INC Operating Supplies Fire 10 US-Dust brush MENARDS Repair&Maint.Supplies Storm Drainage 91 US-Battery-trailer lights BATTERIES PLUS Equipment Parts Water System Maintenance 135 US-Election Training EDEN PRAIRIE COMMUNITY CENTER Miscellaneous Administration 25 US-Baggage Fee DELTA AIR Travel Expense City Clerk 2 US-Trip TVM Travel Expense City Clerk 30 US-Food STANFORDS RESTAURANT&BAR Conference Expense City Clerk 35 US-Food THE FARM CAFE Conference Expense City Clerk 25 US-Baggage Fee DELTA AIR Travel Expense City Clerk 30 US-Food JAKES FAMOUS CRAWFISH Conference Expense City Clerk 2 US-Trip TVM Travel Expense City Clerk 976 US-Travel Expense RED LION HOTEL Conference Expense City Clerk 136 US-PE License-R Newton BOARD OF AELSLAGID Licenses,Permits,Taxes Engineering 126 US-Staff Lunch-Stragic Plannin ERBERT&GERBERT'S Operating Supplies Engineering 97 US-Soil Amendment-Sr Ctr HOME DEPOT CREDIT SERVICES Landscape Materials/Supp Park Maintenance 226 US-Soil Amendment-Purgatory HOME DEPOT CREDIT SERVICES Landscape Materials/Supp Park Maintenance 122 US-Sr Ctr Pot/plant material BROOKSIDE GARDEN CENTER Landscape Materials/Supp Park Maintenance 14 US-Reserve Unit Calendar CALENDAR WIZ Operating Supplies Reserves 27 US-Training supplies JERRY'S FOODS Training Supplies Fire 51 US-Training supplies HOME DEPOT CREDIT SERVICES Training Supplies Fire 49 US-Training supplies HOME DEPOT CREDIT SERVICES Training Supplies Fire 317 US-Adhesive MENARDS Repair&Maint.Supplies Sewer System Maintenance 700 US-Breakroom Furniture OVERSTOCK.COM Capital Under$10,000 FF&E-Furn,Fixtures&Equip. 332 US-PL Supplies S2 DISTRIBUTION Repair&Maint.Supplies City Hall-CAM 24 US-PL Supplies S2 DISTRIBUTION Repair&Maint.Supplies City Hall-CAM Amount Explanation Vendor Account Description Business Unit 285 US-Police Central Vac Hose TWIN CITY VACUUM Cleaning Supplies Police City Center 15 US-Tarp straps MENARDS Repair&Maint.Supplies Sewer System Maintenance 49 US-work late food GINA MARIAS INC Repair&Maint.Supplies Water System Maintenance 399 US-Re-stock belt bins B&F FASTENER SUPPLY CO Repair&Maint.Supplies Sewer Utility-General 23 US-Jury Lunch CRUMB GOURMET DELI Operating Supplies Art Crawl 28 US-Paper for art project BLICK ART MATERIALS Operating Supplies Arts Center 40 US-Markers for art in the park MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts in the Park 33 US-Volunteer Software VOLGISTICS Other Contracted Services Recreation Admin 8 US-Cookies for senior center KOWALSKI'S MARKET Operating Supplies Senior Center Programs 755 US-Summer camp supplies TRIARCO Operating Supplies Arts Center 4 US-padlock key copy HOME DEPOT CREDIT SERVICES Operating Supplies Staring Lake Concert 74 US-Open house refreshments RAINBOW FOODS INC. Operating Supplies Arts Center 109 US-Health permit for Concessio HENNEPIN COUNTY TREASURER Operating Supplies Eden Prairie Players 335 US-Fit Kids Club S&S WORLDWIDE Operating Supplies Fit Kids Club 96 US-Propane for patchwork BAUER'S CUSTOM HITCHES/UHAUL Patching Asphalt Street Maintenance 42 US-Wall Glue MENARDS Operating Supplies Park Maintenance 23 US-Wall Glue MENARDS Operating Supplies Park Maintenance 43 US-Critter Food PETCO Operating Supplies Outdoor Center 36 US-Critter Food PETCO Operating Supplies Outdoor Center 13 US-Critter Food BUFFALO COUNTRY STORE Operating Supplies Outdoor Center 49 US-Critter Food PETCO Operating Supplies Outdoor Center 11 US-Critter Food PETCO Operating Supplies Outdoor Center 29 US-Critter Food PETCO Operating Supplies Outdoor Center 4 US-Lumber MENARDS Building Materials Park Maintenance 75 US-Labor CLOSED CIRCUIT SPECIALISTS INC Other Contracted Services Prairie View Liquor Store 250 US-Wireless Transmitter/receiv CLOSED CIRCUIT SPECIALISTS INC Repair&Maint.Supplies Prairie View Liquor Store 1,201 US-Cordless hdset COST CENTRAL Equipment Repair&Maint Public Safety Communications 1,608 US-MRPA Softball registration MINNESOTA RECREATION&PARK AS Special Event Fees Softball 150 US-Shelf NORTHERN TOOL&EQUIPMENT Training Supplies Police 425 US-Supplies S&S WORLDWIDE Operating Supplies Youth Programs Admin 852 US-Summer Supplies DISCOUNT SCHOOL SUPPLY Operating Supplies Youth Programs Admin 12 US-Training Resource THE JON GORDON COMPANIES Operating Supplies Youth Programs Admin 5 US-Summer Supplies TARGET Operating Supplies Youth Programs Admin -514 US-Refund WALMART COMMUNITY Operating Supplies Tennis 261 US-WILS Workshop KOWALSKI'S MARKET Operating Supplies Youth Programs Admin 45 US-VSTA Inst Wkshp EDINA,CITY OF Conference Expense Tennis 572 US-Summer Supplies DISCOUNT SCHOOL SUPPLY Operating Supplies Youth Programs Admin 60 US-Archery equipment GOPHER Operating Supplies Summer Skill Development 21 US-Install Kit BEST BUY Equipment Parts Fleet Operating 41 US-Everyone Can Dance supplies KOWALSKI'S MARKET Operating Supplies CC-Leisure Education 5 US-Arts in the Park supplies SUPERAMERICA Operating Supplies Arts in the Park 3 US-Supplies WALGREEN'S#5080 Operating Supplies Community Center Admin 32 US-Admin supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Aquatics&Fitness Admin 14 US-Admin supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Aquatics&Fitness Admin 520 US-Swim clothes LIFEGUARD STORE INC,THE Clothing&Uniforms Oak Point Operations 520 US-Swim clothes LIFEGUARD STORE INC,THE Clothing&Uniforms Oak Point Lessons 39 US-Fitness Supplies SCW FITNESS Operating Supplies Fitness Classes 931 US-Safety Education Supplies ADOLPH KIEFER&ASSOCIATES Operating Supplies Pool Lessons 250 US-Licensing Fee SCW FITNESS Licenses,Permits,Taxes Fitness Classes -175 US-Refund CENTERPOINT SCHOOL OF MASSAGE Tuition Reimbursement/School Fitness Classes 295 US-Staff Training CENTERPOINT SCHOOL OF MASSAGE Tuition Reimbursement/School Fitness Classes Amount Explanation Vendor Account Description Business Unit 317 US-Training Lunch GINA MARIAS INC Operating Supplies Pool Operations 34 US-Training supplies WALGREEN'S#5080 Operating Supplies Fitness Classes 147 US-CPR Training Supplies AED SUPERSTORE Training Supplies Pool Lessons 250 US-Training D BRIAN'S DELI&CATERING Training Supplies Police 260 US-Training D BRIAN'S DELI&CATERING Training Supplies Police 228 US-Training D BRIAN'S DELI&CATERING Training Supplies Police 239 US-Training D BRIAN'S DELI&CATERING Training Supplies Police 260 US-Training D BRIAN'S DELI&CATERING Training Supplies Police 100 US-Call Blocker DIGITONE COMMUNICATIONS Computers IT Operating 140 US-Printer Labels KENCOSTORE.COM Other Assets CIP-Bonds 8 US-Cable AMAZON.COM Computers IT Operating 376 US-Remote Power Switch DATA PROBE INC Computers IT Operating 428 US-iPad APPLE.COM Video&Photo Supplies Environmental Education 1,000 US-IT Training VIRTUAL TRAINING COMPANY,INC. Conference Expense IT Operating 299 US-iPad case AMAZON.COM Operating Supplies Fire 16 US-Supplies MENARDS Repair&Maint.Supplies Sewer System Maintenance 18 US-Supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Sewer System Maintenance 5 US-Supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Sewer System Maintenance 10 US-Supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Utility Operations-General 24 US-Lawn edging HOME DEPOT CREDIT SERVICES Other Contracted Services Environmental Education 6 US-Caulk refinishing MENARDS Repair&Maint.Supplies Utility Operations-General 9 US-Weed Stop HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Utility Operations-General 38,342 Report Total CITY COUNCIL AGENDA DATE: SECTION: Ordinances &Resolutions July 17, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XI.A. Rick Getschow, City Manager First Reading of Ordinance Repealing Cable TV Regulatory Ordinance and First Reading of Ordinance Granting Cable TV Franchise to Comcast Requested Action Move to: • Approve first reading of an ordinance granting a cable television franchise; and • Approve first reading of an ordinance repealing the cable television regulatory ordinance Synopsis The Southwest Suburban Cable Commission("Commission") consists of the cities of Eden Prairie, Edina, Hopkins, Minnetonka and Richfield, Minnesota("Member Cities"). The Commission administers and enforces the cable franchises on behalf of its Member Cities. On or about January 1, 1997, each of the Member Cities granted a Cable Television Franchise to KBL Cablesystems of the Southwest, Inc ("Existing Franchise"). At that same time the Member Cities each adopted a Cable Television Regulatory Ordinance ("Regulatory Ordinance") to be incorporated into the City Code of each Member City. In 2000, the Commission and Member Cities approved a transfer of the Existing Franchise to Time Warner, Inc. In June of 2005, Time Warner transferred the Existing Franchise to Comcast Communications ("Comcast"). Comcast currently operates the cable systems in each of the Member Cities under authority granted in the Existing Franchise. The initial term of the Existing Franchise ran for fifteen years and was extended by the Member Cities to now expire on July 31, 2012. In 2009 Comcast requested renewal of the Existing Franchise and the Commission has since been engaged in informal renewal negotiations with Comcast in an effort to reach mutually acceptable terms for a new franchise. In response to Comcast's request for franchise renewal, in 2010 the Commission retained an outside consultant to draft a Needs Assessment Report outlining the future cable-related needs and interests of the Member Cities for the next franchise term. The Commission also prepared a draft franchise which incorporated the findings of the Needs Assessment. The draft franchise incorporated most of the key provisions of the Regulatory Ordinance in an effort to consolidate all cable regulations in a single franchise with Comcast. Commission Goals The Commission's primary goals during renewal negotiations were: 1. Incorporate the provisions of the Regulatory Ordinance into a renewed franchise—resulting in one governing document addressing cable regulations in each Member City. 2. Ensure that the provision of each Member City's Code is incorporated into the renewed franchise so that the same right-of-way (ROW)regulations governing all right-of-way users will apply to Comcast. 3. Streamline regulation in the Comcast Franchise—eliminated unnecessary provisions that are no longer applicable to cable providers in today's regulatory environment. 4. Address digital migration of local government and educational channels. 5. Increase the level of capital support for local channels. 6. Maintain the 5% franchise fee as consideration for use of the City's ROW. 7. Eliminate the Comcast public access studio in Eden Prairie due to limited use by residents and cable subscribers and redirect the resources to other local programming options to be determined by the Member Cities. 8. Improve customer service standards applicable to Comcast and enforceable by the Commission and the Member Cities. 9. Renew for a 10 year term. 10. Adopt enforcement procedures and security to ensure compliance. Negotiation Process Throughout 2011 and the first half of 2012 representatives of Comcast and the Commission negotiated the terms of a new model Cable Television Franchise Ordinance ("Model Franchise"). The Model Franchise combines into a single document the provisions of the Existing Franchise and the Regulatory Ordinance. The Model Franchise is the result of extensive negotiations between the Commission and Comcast and, as is the case of many negotiations, certain concessions were made by both Comcast and the Commission in an effort to reach mutually acceptable language for a ten year franchise. On May 30, 2012, the Commission adopted Resolution 2012-1 (attached hereto)recommending that the Model Franchise be adopted by each Member City. All five Member Cities are taking action on the Model Franchise simultaneously. Any proposed revisions from one of the Member Cities may require the Commission to seek agreement not only from Comcast but also from the other four Member Cities which may have already taken action to adopt the Model Franchise. This point is raised not to suggest that further revisions are impossible, but to emphasize the complexity of the approval process and the steps which must be undertaken to complete the approval process prior to the expiration of the existing extension resolutions - July 31, 2012. Final Results of Franchise Negotiations 1997 2012 5%Franchise fee Same 5% fee "Gross Revenue" definition Stronger definition No PEG capital support fee Comcast studio closed Comcast run studio $.60 - $.65 /sub/mo PEG Fee paid to City - $.25/sub/mo paid to Comcast to support studio 15 year term 10 year term 4 PEG channels 3 PEG channels Digital migration addressed Option for 1 high definition channel Complementary drops at public buildings Same +up to 3 digital boxes per site Maintain fiber return feeds Obligation completed,will be maintained Performance bond $100,000 per City Security fund $10,000 per City—upon notice of violation Reporting/compliance Obligations from Regulatory Ordinance merged into franchise and strengthened ROW management Operator held to City Code provisions Side Letter During renewal negotiations Comcast asked to pull two commitments out of the Model Franchise and place them in a side letter(see attached). This side letter has been included in this packet of documents for the City's review and consideration. If acceptable as drafted, Comcast will execute and forward a copy of the side letter to the Commission at the time of acceptance. Attachments • Cable Commission Resolution Recommending Franchise • Side Letter from Comcast • Annual Franchise and PEG Chart • Twin Cities Cable PEG Fee Comparison Chart • Ordinance Repealing Cable TV Regulatory Ordinance • Ordinance Granting Franchise • SWCC PowerPoint Presentation RESOLUTION NO. (2 0 RECOMMENDATION OF THE SOUTHWEST SUBURBAN CABLE COMMISSION REGARDING THE ADOPTION OF A CABLE FRANCHISE TO COMCAST OF ARKANSAS / FLORIDA/ LOUISIANA / MINNESOTA/ MISSISSIPPI / TENNESSEE, INC. Recitals 1. The Southwest Suburban Cable Commission ("Commission") consists of the cities of Eden Prairie, Edina, Hopkins, Minnetonka and Richfield, Minnesota ("Member Cities"). 2. The Commission administers and enforces cable franchises on behalf of its Member Cities. 3. Comcast of Arkansas / Florida / Louisiana / Minnesota / Mississippi / Tennessee, Inc. ("Comcast") currently operates a cable system in each of the Member Cities under cable television franchises granted on or about January 1, 1997 ("Existing Franchises"). 4. In 2009 Comcast contacted each of the Member Cities seeking renewal of the Existing Franchises. 6. The Commission's legal counsel, the law firm of Moss & Barnett, a Professional Association, assisted the Commission in conducting the franchise renewal process. 7. Extensive informal franchise renewal negotiations between Comcast and the Commission have been completed and a new model Cable Television Franchise Ordinance ("Model Franchise") has been finalized. 8. The Commission finds that the Model Franchise will benefit the Member Cities and will protect the rights and interests of residents and cable subscribers in each of the Member Cities. NOW THEREFORE, the Commission hereby resolves as follows: 1. The May 30, 2012 Model Franchise will protect the Member Cities and its residents and cable Subscribers regarding the provision of cable services by Comcast. 2. The Commission recommends that each Member City take action to adopt the Model Franchise. PASSED AND ADOPTED this day of I'-(Ct&. • , 2012. SOUTHWEST SUBURBAN CABLE COMMISSION By: ���•—� � Ron Case, Chair ATTEST: 9 �, By: 17 2005999v1 (to appear on Comcast letterhead) July ,2012 Brian Grogan Attorney, SW Suburbs Cable Commission Moss &Barnett 4800 Wells Fargo Center 90 South Seventh Street Minneapolis,MN 55402 Dear Mr. Grogan: The purpose of this letter agreement is to set forth commitments between Comcast of Arkansas / Florida / Louisiana / Minnesota / Mississippi / Tennessee, Inc., a Delaware corporation ("Comcast") and the Southwest Suburban Cable Communications Commission ("Commission") consisting of the cities of Edina, Eden Prairie, Hopkins, Minnetonka and Richfield, Minnesota (hereinafter collectively the "Cities") that are in addition to the obligations contained in the Franchise Agreement, to be adopted by the Cities and executed by Comcast to take effect on August 1, 2012 (hereinafter the "Franchise"). These items set forth herein: 1) have been negotiated in good faith and mutually agreed to by the parties as part of the informal franchise renewal process pursuant to 47 U.S.C. 546(h); 2) are provided by Comcast in consideration of the grant of the Franchise in each of the Cities; and 3) specifically relate to unique community needs that exist in the Cities. 1. Use of$200,000 PEG Capital Grant Comcast acknowledges and understands that some or all of$200,000 PEG Capital Grant provided for in the Franchise may be used to lease facilities to house Access operations, or to pay for installation, set up and training related to PEG equipment. Without determining whether these activities constitute "capital" or"operating" expenditures for franchise compliance purposes, and subject to the Indemnity provisions of the Franchise, Comcast agrees not to pursue any action against the Commission or the Cities asserting that such expenditures violate Section 7.16(a) of the Franchise. 2. PEG Fee from residential multiple dwelling units With regard to the monthly PEG Fee referenced in Section 7.16(b)of the Franchise, Comcast will collect the PEG Fee from residential multiple dwelling units (i.e. apartments and condominiums) using an "equivalent billing unit - EBU" calculation as that term is commonly defined under industry standards. The exact PEG Fee for multiple dwelling units may vary slightly from location to location based upon individually negotiated contracts. PEG Fees shall not be collected from free and/or complimentary service accounts. Mr. Brian Grogan Attorney, SW Suburbs Cable Commission July , 2012 Page Two The terms and conditions of this letter agreement are binding upon the Cities and Comcast and their successors and assigns. Enforcement of the terms of this letter agreement shall be consistent with the enforcement procedures set forth in the Franchise. Comcast stipulates that a violation of these terms by Comcast may be considered by the Cities and the Commission as a violation of the Franchise and shall subject Comcast to all remedies available to the Cities and Commission under the Franchise. Acknowledged and agreed to this day of ,2012. Comcast of Arkansas/Florida/Louisiana/Minnesota/Mississippi/Tennessee,Inc. By: Its: Southwest Suburban Cable Communications Commission By: Brian T. Grogan Its: Legal Counsel 2018655v2 ANNUAL FRANCHISE AND PEG FEES Based on 2011 Data -Assumes No Growth or Change in Subscriber Numbers Commission Eden Prairie Edina Hopkins Minnetonka Richfield ANNUAL TOTAL Estimated#of Subs 15,500 14,300 4,900 14,600 7,900 57,200 Annual Franchise Fee (based on 2011 avg)1 $771,711 $717,504 $208,579 $714,697 $339,277 $2,751,769 Existing PEG Fee ($.25/sub/mo)2 $46,500 $42,900 $14,700 $43,800 $23,700 $171,600 Year 1 PEG Fee ($.47/sub/mo)3 $87,420 $80,652 $27,636 $82,344 $44,556 $322,608 Years 2-5 PEG Fee ($.60/sub/mo)4 $111,600 $102,960 $35,280 $105,120 $56,880 $411,840 Years 6-10 PEG Fee ($.65/sub/mo)5 $120,900 $111,540 $38,220 $113,880 $61,620 $446,160 One-time PEG Grant-due August 1, 20126 $200,000 'Annual amount of franchise fee revenue collected under the existing franchise. 2 Annual amount collected and retained by Comcast during the term of the existing franchise to support the PEG Access Studio in Eden Prairie. 3$.60 will be collected by Comcast and$.13 will be retained by Comcast during the 1 year transition period. 4This amount will be collected annually and remitted (years 2-5)to the City to be used for PEG capital purposes. 'This amount includes an inflation adjustment and will be collected annually(years 6-10)and remitted to the City to be used for PEG capital purposes. 6This amount will be provided to the Commission no later than 8/31/2012 and will be used to address public and educational playback obligations assumed by the Commission and Member Cities resulting from the closing of the Eden Prairie studio. Twin Cities Metropolitan Area Cable PEG Fee Comparison 2012 (Revised Feb. 3, 2012) Compiled by Mark T. Moore, Cable Coordinator Apple, Farmington, and Rosemount Cable Commission Provider—> Comcast Comcast Comcast 'Comcast Comcast Comcast Mediacom Jurisdiction Fridley Coon Rapids North Suburban North Metro NW Suburbs Cbl. Central St. Lake Minnetonka Access Comm. Television Comm. (9 Croix Cbl. Cbl. Comm. (10 cities) Arden (6 Cities) cities) Brooklyn Comm. (17 cities) Hills, Falcon Blaine, Center, Brooklyn (5 cities) Deephaven, Heights, Centerville, Park, Crystal, Stillwater, Oak Excelsior, Lauderdale, Little Circle Pines, Golden Valley, Park Heights, Greenwood, Canada, Mounds Ham Lake, Lino Maple Grove, New Bayport, Independence, View, New Lakes, and Hope, Osseo, and the Long Lake, Brighton, Spring Lake Plymouth, and Townships of Loretto, Maple North Oaks, Park. Robbinsdale. Baytown and Plain, Medina, Roseville, St. Stillwater. Minnetonka Anthony, and Beach, Shoreview. Minnetrista, Orono, St. Bonifacius, Shore wood, Spring Park, Tonka Bay, Victoria, and Woodland. #of Access 3 b 8 6 7 4 5 Channels ** PEG Fee $0.49 The $2.26 The 3.49 The 3.06 The Cable $0.96 The Cable $1.40 Plus a $0.85 Franchise City also Commission does Commission Commission also substantial Fees also go receives 100% receive a portion of also receives receives 100% of amount of the directly into of the the franchise fees; 75%of the the Franchise Fee. Commission's the Cable TV Franchise Fee. each city pays a Franchise Fee Franchise enterprise pro rata share to support PEG Fees. fund. No based on their operations. general funds proportion of the are used for I total franchise PEG. fees. * NOTE: Total channels # does NOT include MCN 6 because it is not administered by the Cities/Commissions. Page 1 of 3 Twin Cities Metropolitan Area Cable PEG Fee Comparison 2012 (Revised Feb.3, 2012) Compiled by Mark T. Moore, Cable Coordinator Apple, Farmington, and Rosemount Cable Commission Provider---> Comcast Charter Comcast Comcast Comcast Comcast Mediacom Jurisdiction Shakopee Lakeville Soutwest South Ramsey/ Minneapolis Savage Suburban Cable Washington Washington Comm. (5 cities) County Suburban Cable Edina, Hopkins, Telecommunic Commission (12 Richfield, ations cities)Birchwood Minnetonka and Commission Village, Dellwood, Eden Prairie. (5 Cities) Grant, Lake Elmo, Cottage Grove, Mahtomedi, Newport, St. Maplewood, North Paul Park, St. Paul, Oakdale, Woodbury, and Vadnais Heights, Grey Cloud White Bear Lake, Island White Bear Township. Township, and Willemie. #of Access 3 4 i4 5 10 3 Channels ** PEG Fee $0.40 PEG $0.00 Cable $0.25 Comcast $1.00 The $1.00 The $0.50 The PEG Fees fund Access and the operates and Cable city also Fees and capital costs city's other staffs the access Commission provides 10 to Franchise Fees only while communication facilities, and also receives 20%financial comprise the salaries come s services are keeps the PEG 100%of the support for cable budget in a out of the funded by Fee to cover those Franchise Fee. PEG Access special fund. General Cable costs. There are from the No general levy Fund. Franchise likely some General Fund. monies are used Fees, which additional to operate the are maintained expenses for the access channels as a separate facilities but they or online fund. are not assessed streaming media. to the Commission. ** NOTE: Total channels # does NOT include MCN 6 because it is not administered by the Cities/Commissions. Page 2 of 3 Twin Cities Metropolitan Area Cable PEG Fee Comparison 2012 (Revised Feb. 3, 2012) Compiled by Mark T. Moore, Cable Coordinator Apple, Farmington, and Rosemount Cable Commission Provider—* Charter Comcast Comcast Comcast Comcast Comcast Comcast Jurisdiction Apple Valley Burnsville Eagan Bloomington N. Dakota Cty. St. Paul St. Louis Park Farmington Cbl.Comm. Rosemount (7 cities) Inver Grove Heights, Lilydale, Mendota, Mendota Heights, South St. Paul, Sunfish Lake, and West St Paul #of Access 4 6 6 7 7 6 5 Channels ** PEG Fee $0.50 $1.89 The $2.04 The city $0.55 $1.64 The Cable $1.97 $1.12 The Cable Approx. 25% City/BCTV partner with Bloomington's Commission also Franchise TV department of the access partner with Thompson Communications receives 75%of Fees are used receives about budget ISD 191 for a Reuters who Division, which the Franchise Fee. to pay for staff, 80% of the comes from shared studio provide production includes PEG supplies, and franchise fees to the cities space in facilities at their Access, is a to some extent support PEG General Burnsville High main building in Special the equipment access. Fund. School. The exchange for a Revenue Fund used to cover School District negotiated number and receives the production. provides and of hours of video entire Franchise However, the maintains the services. The city Fee. They are vast majority space, the also shares use of not funded by of production City/BCTV a mobile the City's equipment is manages the production with General Fund. paid by PEG studio and Burnsville. grant dollars. equipment. * NOTE: Total channels # does NOT include MCN 6 because it is not administered by the Cities/Commissions. Page 3 of 3 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2012 AN ORDINANCE REPEALING THE CABLE TELEVISION REGULATORY ORDINANCE WHEREAS, the City Code Chapter 25 currently contains a Cable Television Regulatory Ordnance ("Regulatory Ordinance") which governs the provision of cable services by cable operators in the City of Eden Prairie, Minnesota("City"); and WHEREAS, on July 17, 2012 the City adopted Ordinance No. 52-96 granting a Cable Television Franchise ("Franchise") to Comcast of Arkansas / Florida / Louisiana / Minnesota / Mississippi / Tennessee, Inc., ("Comcast") to provide cable services and maintain and operate a cable communications system within the City; and WHEREAS, the Franchise incorporates all of the key provisions of the Regulatory Ordinance that the City may still enforce under applicable law thereby eliminating the need to maintain the Regulatory Ordinance as part of the City Code. NOW THEREFORE, the City of Eden Prairie, Minnesota hereby ordains: Section 1. City Code Chapter 25 - The Cable Television Regulatory Ordinance No. 52-96 is hereby repealed in its entirety. Section 2. This ordinance is effective immediately upon passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 17th day of June, 2012 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 17th day of July, 2012. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on July 26, 2012. City of Eden Prairie, Minnesota Ordinance Granting a Cable Television Franchise to Comcast of Arkansas / Florida/Louisiana/Minnesota/ Mississippi /Tennessee, Inc. June 25, 2012 2033396v1 TABLE OF CONTENTS SECTION 1 DEFINITIONS 1 SECTION 2 FRANCHISE 5 SECTION 3 OPERATION IN STREETS AND RIGHTS-OF-WAY 8 SECTION 4 REMOVAL OR ABANDONMENT OF SYSTEM 12 SECTION 5 SYSTEM DESIGN AND CAPACITY 13 SECTION 6 PROGRAMMING AND SERVICES 16 SECTION 7 PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS 18 SECTION 8 REGULATORY PROVISIONS 24 SECTION 9 BOND 25 SECTION 10 SECURITY FUND 26 SECTION 11 DEFAULT 28 SECTION 12 FORECLOSURE AND RECEIVERSHIP 30 SECTION 13 REPORTING REQUIREMENTS 31 SECTION 14 CUSTOMER SERVICE POLICIES 32 SECTION 15 SUBSCRIBER PRACTICES 38 SECTION 16 COMPENSATION AND FINANCIAL PROVISIONS 38 SECTION 17 MISCELLANEOUS PROVISIONS 42 EXHIBIT A FREE CABLE SERVICE TO PUBLIC BUILDINGS A-1 EXHIBIT B EXISTING FIBER RETURN LINES B-1 EXHIBIT C FRANCHISE FEE PAYMENT WORKSHEET C-1 i 2033396v1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2012 AN ORDINANCE RENEWING THE GRANT OF A FRANCHISE TO COMCAST OF ARKANSAS/FLORIDA/LOUISIANA/MINNESOTA/MISSISSIPPI/TENNESSEE, INC. TO OPERATE AND MAINTAIN A CABLE SYSTEM IN THE CITY OF EDEN PRAIRIE; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE; PROVIDING FOR CITY REGULATION AND ADMINISTRATION OF THE CABLE SYSTEM; AND TERMINATING ORDINANCE NO. 52-96. RECITALS The City of Eden Prairie, Minnesota("City") pursuant to applicable federal and state law, is authorized to grant one or more nonexclusive cable television franchises to construct, operate, maintain and reconstruct cable television systems within the City limits. Comcast of Arkansas/Florida/Louisiana/Minnesota/Mississippi/Tennessee, Inc., a Delaware corporation ("Grantee")has operated a Cable System in the City,under a cable television franchise granted pursuant to Ordinance No. 52-96. Negotiations between Grantee and the City have been completed and the franchise renewal process followed in accordance with the guidelines established by the City Code, Minnesota Statutes Chapter 238 and the Cable Act(47 U.S.C. 546). The City reviewed the legal,technical and financial qualifications of Grantee and, after a properly noticed public hearing, as determined that it is in the best interest of the City and its residents to renew the cable television franchise with Grantee. NOW, THEREFORE, THE CITY OF EDEN PRAIRIE DOES ORDAIN that a franchise is hereby granted to Comcast of Arkansas/Florida/Louisiana/Minnesota/ Mississippi/Tennessee, Inc., to operate and maintain a Cable System in the City upon the following terms and conditions: SECTION 1 DEFINITIONS For the purpose of this Franchise, the following, terms, phrases, words, derivations and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number and words in the singular number include the plural number. In the event the meaning of any word or phrase not defined herein is uncertain, the definitions contained in applicable local, State or Federal law shall apply. "Access Channels"means any channel or portion of a channel utilized for public, educational or governmental programming. 1 2033396v1 "Affiliate" shall mean any Person controlling, controlled by or under common control of Grantee. "Applicable Laws"means any law, statute, charter, ordinance,rule, regulation, code, license, certificate, franchise,permit, writ, ruling, award, executive order, directive, requirement, injunction (whether temporary,preliminary or permanent),judgment, decree or other order issued, executed, entered or deemed applicable by any governmental authority of competent jurisdiction. "Basic Cable Service"means any service tier which includes the lawful retransmission of local television broadcast. "Cable Act" means the Cable Communications Policy Act of 1984, 47 U.S.C. §§ 521 et seq., as amended by the Cable Television Consumer Protection and Competition Act of 1992, as further amended by the Telecommunications Act of 1996, as further amended from time to time. "Cable Service" shall mean(a) the one-way transmission to Subscribers of(i) Video Programming or(ii) Other Programming Service, and b) Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service. For the purposes of this definition, "video programming"is programming provided by, or generally considered comparable to programming provided by a television broadcast station; and, "other programming service" is information that a cable operator makes available to all Subscribers generally. "Cable System" or"System" shall have the meaning specified for"Cable System" in the Cable Act. Unless otherwise specified, it shall in this document refer to the Cable System constructed and operated in the City under this Franchise. "Channel"means a portion of the electromagnetic frequency spectrum which is used in a Cable System and which is capable of delivering a television channel as defined by the FCC by regulation. "City" shall mean the City of Eden Prairie, a municipal corporation in the State of Minnesota. "City Code"means the Municipal Code of the City of Eden Prairie, Minnesota, as may be amended from time to time. "Commission"means the Southwest Suburban Cable Communications Commission consisting of the cities of Edina, Eden Prairie, Hopkins, Minnetonka and Richfield, Minnesota. "Connection"means the attachment of the Drop to the television set of the Subscriber. "Converter"means an electronic device,which converts signals to a frequency not susceptible to interference within the television receiver of a Subscriber, and by an appropriate 2 2033396v1 Channel selector also permits a Subscriber to view all signals included in the Basic Cable Service tier delivered at designated converter dial locations. "Council" shall mean the governing body of the City. "Day"unless otherwise specified shall mean a calendar day. "Drop" shall mean the cable that connects the Subscriber terminal to the nearest feeder cable of the cable. "Effective Date" shall mean August 1, 2012. "Expanded Basic Service"means the next tier of service above the Basic Cable Service tier excluding premium or pay-per-view services. "FCC" means the Federal Communications Commission, or a designated representative. "Franchise" shall mean the right granted by this Ordinance and conditioned as set forth herein. "Franchise Area"means the entire geographic area within the City as it is now constituted or may in the future be constituted. "Franchise Fee" shall mean the fee assessed by the City to Grantee, in consideration of Grantee's right to operate the Cable System within the City's Streets and rights of way, determined in amount as a percentage of Grantee's Gross Revenues and limited to the maximum percentage allowed for such assessment by federal law. The term Franchise Fee does not include the exceptions noted in 47 U.S.C. §542(g)(2)(A-E). "GAAP"means generally accepted accounting principles as promulgated and defined by the Financial Accounting Standards Board("FASB"), Emerging Issues Task Force ("EITF") and/or the U.S. Securities and Exchange Commission("SEC"). "Gross Revenues"means any and all compensation in whatever form, from any source, directly or indirectly earned by Grantee or any Affiliate of Grantee or any other Person who would constitute a cable operator of the Cable System under the Cable Act, derived from the operation of the Cable System to provide Cable Service within the City. Gross Revenues include, by way of illustration and not limitation, monthly fees charged Subscribers for Cable Services including Basic Cable Service, any expanded tiers of Cable Service, optional premium or digital services; pay-per-view services; Pay Services, installation, disconnection, reconnection and change-in-service fees, Leased Access Channel fees, all Cable Service lease payments from the Cable System to provide Cable Services in the City, late fees and administrative fees,payments or other consideration received by Grantee from programmers for carriage of programming on the Cable System and accounted for as revenue under GAAP; revenues from rentals or sales of Converters or other Cable System equipment; advertising sales revenues booked in accordance with Applicable Law and GAAP; revenues from program guides and electronic guides, 3 2033396v1 additional outlet fees, Franchise Fees required by this Franchise, revenue from Interactive Services to the extent they are considered Cable Services under Applicable Law; revenue from the sale or carriage of other Cable Services,revenues from home shopping and other revenue- sharing arrangements. Grantee agrees that Gross Revenues shall include all commissions paid to the National Cable Communications and Comcast Spotlight or their successors associated with sales of advertising on the Cable System within the City allocated according to this paragraph using total Cable Service Subscribers reached by the advertising. Copyright fees or other license fees paid by Grantee shall not be subtracted from Gross Revenues for purposes of calculating Franchise Fees. Gross Revenues shall include revenue received by any entity other than Grantee where necessary to prevent evasion or avoidance of the obligation under this Franchise to pay the Franchise Fees. Gross Revenues shall not include any taxes on services furnished by Grantee, which taxes are imposed directly on a Subscriber or user by a city, county, state or other governmental unit, and collected by Grantee for such entity. The Franchise Fee is not such a tax. Gross Revenues shall not include amounts which cannot be collected by Grantee and are identified as bad debt; provided that if amounts previously representing bad debt are collected, then those amounts shall be included in Gross Revenues for the period in which they are collected. Gross Revenues shall not include payments for PEG Access capital support. The City acknowledges and accepts that Grantee shall maintain its books and records in accordance with GAAP. "Interactive Services" are those services provided to Subscribers whereby the Subscriber either(a)both receives information consisting of either television or other signal and transmits signals generated by the Subscriber or equipment under his/her control for the purpose of selecting what information shall be transmitted to the Subscriber or for any other purpose or(b) transmits signals to any other location for any purpose. "Minnesota Cable Communications Act"means the provisions of Minnesota law governing the requirements for a cable television franchise as set forth in Minn. Stat. § 238, et. seq., as amended. "Normal Business Hours"means those hours during which most similar businesses in City are open to serve customers. In all cases, "Normal Business Hours"must include some evening hours, at least one (1) night per week and/or some weekend hours. "Normal Operating Conditions"means those Service conditions which are within the control of Grantee. Those conditions which are not within the control of Grantee include,but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of Grantee include, but are not limited to, special promotions,pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the Cable System. "Pay Service"means programming (such as certain on-demand movie channels or pay- per-view programs) offered individually to Subscribers on a per-channel,per-program or per- event basis. 4 2033396v1 "PEG" means public, educational and governmental. "Person"means any natural person and all domestic and foreign corporations, closely- held corporations, associations, syndicates,joint stock corporations,partnerships of every kind, clubs, businesses, common law trusts, societies and/or any other legal entity. "Street" shall mean the surface of and the space above and below any public Street,road, highway, freeway, lane, path,public way, alley, court, sidewalk, boulevard, parkway, drive or any easement or right-of-way now or hereafter held by City which shall, within its proper use and meaning in the sole opinion of City, entitle Grantee to the use thereof for the purpose of installing or transmitting over poles, wires, cables, conductors, ducts, conduits, vaults, man- holes, amplifiers, appliances, attachments and other property as may be ordinarily necessary and pertinent to a Cable System. "Subscriber"means a Person who lawfully receives Cable Service. "Wireline MVPD"means a multichannel video programming distributor that utilizes the Streets to install cable or fiber and is engaged in the business of making available for purchase, by Subscribers, multiple Channels of video programming in the City. SECTION 2 FRANCHISE 2.1 Grant of Franchise. The City hereby authorizes Grantee to occupy or use the City's Streets subject to: 1)the provisions of this non-exclusive Franchise to provide Cable Service within the City; and 2) all applicable provisions of the City Code. Said Franchise shall constitute both a right and an obligation to provide Cable Services as required by the provisions of this Franchise. Nothing in this Franchise shall be construed to prohibit Grantee from: (1) providing services other than Cable Services to the extent not prohibited by Applicable Law; or (2) challenging any exercise of the City's legislative or regulatory authority in an appropriate forum. The City hereby reserves all of its rights to regulate such other services to the extent not prohibited by Applicable Law and no provision herein shall be construed to limit or give up any right to regulate. 2.2 Reservation of Authority. The Grantee specifically agrees to comply with the lawful provisions of the City Code and applicable regulations of the City. Subject to the police power exception below, in the event of a conflict between A)the lawful provisions of the City Code or applicable regulations of the City and B)this Franchise, the express provisions of this Franchise shall govern. Subject to express federal and state preemption, the material terms and conditions contained in this Franchise may not be unilaterally altered by the City through subsequent amendments to the City Code, ordinances or any regulation of City, except in the lawful exercise of City's police power. Grantee acknowledges that the City may modify its regulatory policies by lawful exercise of the City's police powers throughout the term of this Franchise. Grantee agrees to comply with such lawful modifications to the City Code; however, Grantee reserves all rights it may have to challenge such modifications to the City Code whether arising in contract or at law. The City reserves all of its rights and defenses to such challenges 5 2033396v1 whether arising in contract or at law. Nothing in this Franchise shall (A) abrogate the right of the City to perform any public works or public improvements of any description, (B)be construed as a waiver of any codes or ordinances of general applicability promulgated by the City, or(C)be construed as a waiver or release of the rights of the City in and to the Streets. 2.3 Franchise Term. The term of the Franchise shall be ten (10)years from the Effective Date, unless extended by mutual written consent in accordance with Section 17.7 or terminated sooner in accordance with this Franchise. 2.4 Franchise Area. This Franchise is granted for the Franchise Area defined herein. Grantee shall extend its Cable System to provide Service to any residential unit in the City in accordance with Section 6.6 herein. This Franchise governs any Cable Services provided by Grantee to residential and commercial Subscribers to Grantee's Cable System. 2.5 Franchise Nonexclusive. The Franchise granted herein shall be nonexclusive. The City specifically reserves the right to grant, at any time, such additional franchises for a Cable System as it deems appropriate provided, however, such additional grants shall not operate to materially modify, revoke, or terminate any rights previously granted to Grantee other than as described in Section 17.18. The grant of any additional franchise shall not of itself be deemed to constitute a modification, revocation, or termination of rights previously granted to Grantee. Any additional cable franchise grants shall comply with Minn. Stat. Section 238.08 and any other applicable federal level playing field requirements. 2.6 Periodic Public Review of Franchise. Within sixty (60) Days of the third and sixth annual anniversary of the Effective Date of this Franchise,the City may conduct a public review of the Franchise. The purpose of any such review shall be to ensure, with the benefit of full opportunity for public comment, that the Grantee continues to effectively serve the public in the light of new developments in cable law and regulation, cable technology, cable company performance with the requirements of this Franchise, local regulatory environment, community needs and interests, and other such factors. Both the City and Grantee agree to make a full and good faith effort to participate in the review. So long as Grantee receives reasonable notice, Grantee shall participate in the review process and shall fully cooperate. The review shall not operate to modify or change any provision of this Franchise without mutual written consent in accordance with Section 17.7 of this Franchise. 2.7 Transfer of Ownership. (a) No sale, transfer, assignment or"fundamental corporate change", as defined in Minn. Stat. § 238.083, of this Franchise shall take place until the parties to the sale, transfer, or fundamental corporate change files a written request with City for its approval,provided, however, that said approval shall not be required where Grantee grants a security interest in its Franchise and assets to secure an indebtedness. (b) City shall have thirty(30)Days from the time of the request to reply in writing and indicate approval of the request or its determination that a public hearing is necessary due to potential adverse affect on Grantee's Subscribers resulting from the sale or transfer. Such approval or determination shall be expressed in writing within thirty 6 2033396v1 (30) Days of receipt of said request, or the request shall be deemed approved as a matter of law. (c) If a public hearing is deemed necessary pursuant to (b) above, such hearing shall be commenced within thirty(30)Days of such determination and notice of any such hearing shall be given in accordance with local law or fourteen (14) Days prior to the hearing by publishing notice thereof once in a newspaper of general circulation in City. The notice shall contain the date, time and place of the hearing and shall briefly state the substance of the action to be considered by City. (d) Within thirty(30) Days after the closing of the public hearing, City shall approve or deny in writing the sale or transfer request. City shall set forth in writing with particularity its reason(s) for denying approval. City shall not unreasonably withhold its approval. (e) The parties to the sale or transfer of the Franchise only, without the inclusion of the System in which substantial construction has commenced, shall establish that the sale or transfer of only the Franchise will be in the public interest. (f) Any sale or transfer of stock in Grantee so as to create a new controlling interest in the System shall be subject to the requirements of this Section 2.7. The term "controlling interest" as used herein is not limited to majority stock ownership, but includes actual working control in whatever manner exercised. (g) In no event shall a transfer or assignment of ownership or control be approved without the transferee becoming a signatory to this Franchise and assuming all rights and obligations thereunder, and assuming all other rights and obligations of the transferor to the City. (h) In the event of any proposed sale or assignment pursuant to paragraph(a) of this section, City shall have the right of first refusal of any bona fide offer to purchase the Cable System. Bona fide offer, as used in this section, means an offer received by the Grantee which it intends to accept subject to City's rights under this section. This written offer must be conveyed to City along with the Grantee's written acceptance of the offer contingent upon the rights of City provided for in this section. City shall be deemed to have waived its rights under this paragraph(h) in the following circumstances: (i) If it does not indicate to Grantee in writing,within thirty(30) Days of notice of a proposed sale or assignment, its intention to exercise its right of purchase; or (ii) It approves the assignment or sale of the Franchise as provided within this section. 2.8 Expiration. Upon expiration of the Franchise, the City shall have the right at its own election and subject to Grantee's rights under Section 626 of the Cable Act to: 7 2033396v1 (a) extend the Franchise, though nothing in this provision shall be construed to require such extension; (b) renew the Franchise, in accordance with Applicable Laws; (c) invite additional franchise applications or proposals; (d) terminate the Franchise subject to any rights Grantee has under Section 626 of the Cable Act; or (e) take such other action as the City deems appropriate. 2.9 Right to Require Removal of Property. At the expiration of the term for which the Franchise is granted provided no renewal is granted, or upon its forfeiture or revocation as provided for herein, the City shall have the right to require Grantee to remove at Grantee's own expense all or any part of the Cable System from all Streets and public ways within the Franchise Area within a reasonable time. If Grantee fails to do so, the City may perform the work and collect the cost thereof from Grantee. 2.10 Continuity of Service Mandatory. It shall be the right of all Subscribers to receive all available services insofar as their financial and other obligations to Grantee are honored. In the event that Grantee elects to overbuild, rebuild, modify, or sell the system, or the City revokes or fails to renew the Franchise, Grantee shall make its best effort to ensure that all Subscribers receive continuous uninterrupted service, regardless of the circumstances, during the lifetime of the Franchise. In the event of expiration, purchase, lease-purchase, condemnation, acquisition, taking over or holding of plant and equipment, sale, lease, or other transfer to any other Person, including any other grantee of a cable communications franchise, the current Grantee shall cooperate fully to operate the system in accordance with the terms and conditions of this Franchise for a temporary period sufficient in length to maintain continuity of service to all Subscribers. SECTION 3 OPERATION IN STREETS AND RIGHTS-OF-WAY 3.1 Use of Streets. (a) Grantee may, subject to the terms of this Franchise, erect, install, construct, repair, replace, reconstruct and retain in, on, over, under,upon, across and along the Streets within the City such lines, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances,pedestals, attachments and other property and equipment as are necessary and appurtenant to the operation of a Cable System within the City. Without limiting the foregoing, Grantee expressly agrees that it will construct, operate and maintain its Cable System in compliance with, and subject to, the requirements of the City Code, including by way of example and not limitation,those requirements governing the placement of Grantee's Cable System; and with other applicable City Codes, and will obtain and maintain all permits and bonds required by the City Code in addition to those required in this Franchise. 8 2033396v1 (b) All wires, conduits, cable and other property and facilities of Grantee shall be so located, constructed, installed and maintained as not to endanger or unnecessarily interfere with the usual and customary trade, traffic and travel upon, or other use of, the Streets of City. Grantee shall keep and maintain all of its property in good condition, order and repair so that the same shall not menace or endanger the life or property of any Person. Grantee shall keep accurate maps and records of all of its wires, conduits, cables and other property and facilities located, constructed and maintained in the City. (c) All wires, conduits, cables and other property and facilities of Grantee, shall be constructed and installed in an orderly and workmanlike manner. All wires, conduits and cables shall be installed,where possible, parallel with electric and telephone lines. Multiple cable configurations shall be arranged in parallel and bundled with due respect for engineering considerations. 3.2 Construction or Alteration. Grantee shall in all cases comply with the City Code, City resolutions and City regulations regarding the acquisition of permits and/or such other items as may be reasonably required in order to construct, alter or maintain the Cable System. Grantee shall,upon request,provide information to the City regarding its progress in completing or altering the Cable System. 3.3 Non-Interference. Grantee shall exert its best efforts to construct and maintain a Cable System so as not to interfere with other use of Streets. Grantee shall, where possible in the case of above ground lines, make use of existing poles and other facilities available to Grantee. When residents receiving underground service or who will be receiving underground service will be affected by proposed construction or alteration, Grantee shall provide such notice as set forth in the permit or in City Code of the same to such affected residents. 3.4 Consistency with Designated Use. Notwithstanding the above grant to use Streets, no Street shall be used by Grantee if the City, in its sole opinion, determines that such use is inconsistent with the terms, conditions or provisions by which such Street was created or dedicated, or presently used under Applicable Laws. 3.5 Undergrounding. Grantee shall place underground all of its transmission lines which are located or are to be located above or within the Streets of the City in the following cases: (a) all other existing utilities are required to be placed underground by statute, resolution,policy or other Applicable Law; (b) Grantee is unable to get pole clearance; (c) underground easements are obtained from developers of new residential areas; or (d) utilities are overhead but residents prefer underground(service provided at cost). 9 2033396v1 If an ordinance is passed which involves placing underground certain utilities including Grantee's cable plant which is then located overhead, Grantee shall participate in such underground project and shall remove poles, cables and overhead wires if requested to do so and place facilities underground. Nothing herein shall mandate that City provide reimbursement to Grantee for the costs of such relocation and removal. However, if the City makes available funds for the cost of placing facilities underground, nothing herein shall preclude the Grantee from participating in such funding to the extent consistent with the City Code or Applicable Laws. Grantee shall use conduit or its functional equivalent to the greatest extent possible for undergrounding, except for Drops from pedestals to Subscribers' homes and for cable on other private property where the owner requests that conduit not be used. Cable and conduit shall be utilized which meets the highest industry standards for electronic performance and resistance to interference or damage from environmental factors. Grantee shall use, in conjunction with other utility companies or providers, common trenches for underground construction wherever available. 3.6 Maintenance and Restoration. (a) Restoration. In case of disturbance of any Street,public way, paved area or public improvement, Grantee shall, at its own cost and expense and in accordance with the requirements of Applicable Law, restore such Street, public way, paved area or public improvement to substantially the same condition as existed before the work involving such disturbance took place. All requirements of this section pertaining to public property shall also apply to the restoration of private easements and other private property. Grantee shall perform all restoration work within a reasonable time and with due regard to seasonal working conditions. If Grantee fails, neglects or refuses to make restorations as required under this section, then the City may do such work or cause it to be done, and the cost thereof to the City shall be paid by Grantee. If Grantee causes any damage to private property in the process of restoring facilities, Grantee shall repair such damage. (b) Maintenance. Grantee shall maintain all above ground improvements that it places on City right-of-way pursuant to the City Code and any permit issued by the City. In order to avoid interference with the City's ability to maintain the right-of-way, Grantee shall provide such clearance as is required by the City Code and any permit issued by the City. If Grantee fails to comply with this provision, and by its failure, property is damaged, Grantee shall be responsible for all damages caused thereby. (c) Disputes. In any dispute over the adequacy of restoration or maintenance relative to this section, final determination shall be the prerogative of the City, Department of Public Works and consistent with the City Code and any permit issued by the City. 3.7 Work on Private Property. Grantee, with the consent of property owners, shall have the authority,pursuant to the City Code, to trim trees upon and overhanging Streets, alleys, sidewalks, and public ways so as to prevent the branches of such trees from coming in contact 10 2033396v1 with the wires and cables of Grantee, except that at the option of the City, such trimming may be done by it or under its supervision and direction at the reasonable expense of Grantee. 3.8 Relocation. (a) City Property. If, during the term of the Franchise, the City or any government entity elects or requires a third party to alter, repair, realign, abandon, improve, vacate, reroute or change the grade of any Street, public way or other public property; or to construct, maintain or repair any public improvement; or to replace, repair install, maintain, or otherwise alter any cable, wire conduit,pipe, line, pole, wire-holding structure, structure, or other facility, including a facility used for the provision of utility or other services or transportation of drainage, sewage or other liquids, for any public purpose, Grantee shall, upon request, except as otherwise hereinafter provided, at its sole expense remove or relocate as necessary its poles,wires, cables,underground conduits, vaults, pedestals, manholes and any other facilities which it has installed. Nothing herein shall mandate that City provide reimbursement to Grantee for the costs of such relocation and removal. However, if the City makes available funds for the cost of placing facilities underground, nothing herein shall preclude the Grantee from participating in such funding to the extent consistent with the City Code or Applicable Laws. (b) Utilities and Other Franchisees. If, during the term of the Franchise, another entity which holds a franchise or any utility requests Grantee to remove or relocate such facilities to accommodate the construction, maintenance or repair of the requesting party's facilities, or their more efficient use, or to "make ready"the requesting party's facilities for use by others, or because Grantee is using a facility which the requesting party has a right or duty to remove, Grantee shall do so. The companies involved may decide among themselves who is to bear the cost of removal or relocation, pursuant to City Code, and provided that the City shall not be liable for such costs. (c) Notice to Remove or Relocate. Any Person requesting Grantee to remove or relocate its facilities shall give Grantee no less than forty-five (45)Days' advance written notice to Grantee advising Grantee of the date or dates removal or relocation is to be undertaken; provided, that no advance written notice shall be required in emergencies or in cases where public health and safety or property is endangered. (d) Failure by Grantee to Remove or Relocate. If Grantee fails, neglects or refuses to remove or relocate its facilities as directed by the City; or in emergencies or where public health and safety or property is endangered, the City may do such work or cause it to be done, and the cost thereof to the City shall be paid by Grantee. If Grantee fails, neglects or refuses to remove or relocate its facilities as directed by another franchisee or utility, that franchisee or utility may do such work or cause it to be done, and if Grantee would have been liable for the cost of performing such work, the cost thereof to the party performing the work or having the work performed shall be paid by Grantee. (e) Procedure for Removal of Cable. Grantee shall not remove any underground cable or conduit which requires trenching or other opening of the Streets 11 2033396v1 along the extension of cable to be removed, except as hereinafter provided. Grantee may remove any underground cable from the Streets which has been installed in such a manner that it can be removed without trenching or other opening of the Streets along the extension of cable to be removed. Subject to Applicable Law, Grantee shall remove, at its sole cost and expense, any underground cable or conduit by trenching or opening of the Streets along the extension thereof or otherwise which is ordered to be removed by the City based upon a determination, in the sole discretion of the City, that removal is required in order to eliminate or prevent a hazardous condition. Underground cable and conduit in the Streets which is not removed shall be deemed abandoned and title thereto shall be vested in the City. (f) Movement of Buildings. Grantee shall, upon request by any Person holding a building moving permit, franchise or other approval issued by the City, temporarily remove, raise or lower its wire to permit the movement of buildings. The expense of such removal, raising or lowering shall be paid by the Person requesting same, and Grantee shall be authorized to require such payment in advance. The City shall require all building movers to provide not less than fifteen(15)Days' notice to the cable company to arrange for such temporary wire changes. SECTION 4 REMOVAL OR ABANDONMENT OF SYSTEM 4.1 Removal of Cable System. In the event that: (1) the use of the Cable System is discontinued for any reason for a continuous period of twelve (12) months; or(2)the Cable System has been installed in a Street without complying with the requirements of this Franchise, Grantee, at its expense shall, at the demand of the City remove promptly from the Streets all of the Cable System other than any which the City may permit to be abandoned in place. In the event of any such removal Grantee shall promptly restore to a condition as nearly as possible to its prior condition the Street or other public places in the City from which the System has been removed. 4.2 Abandonment of Cable System. In the event of Grantee's abandonment of the Cable System, City shall have the right to require Grantee to conform to the state right-of-way rules, Minn. Rules, Chapter 7819. The Cable System to be abandoned in place shall be abandoned in the manner prescribed by the City. Grantee may not abandon any portion of the System without having first given three (3) months written notice to the City. Grantee may not abandon any portion of the System without compensating the City for damages resulting from the abandonment. 4.3 Removal after Abandonment or Termination. If Grantee has failed to commence removal of System, or such part thereof as was designated by City, within thirty (30) days after written notice of City's demand for removal consistent with Minn. Rules, Ch. 7819, is given, or if Grantee has failed to complete such removal within twelve (12) months after written notice of City's demand for removal is given, City shall have the right to apply funds secured by the letter of credit and performance bond toward removal and/or declare all right, title, and interest to the Cable System to be in City with all rights of ownership including, but not limited 12 2033396v1 to, the right to operate the Cable System or transfer the Cable System to another for operation by it. 4.4 City Options for Failure to Remove Cable System. If Grantee has failed to complete such removal within the time given after written notice of the City's demand for removal is given, the City shall have the right to exercise one of the following options: (a) Declare all right, title and interest to the System to be in the City or its designee with all rights of ownership including, but not limited to, the right to operate the System or transfer the System to another for operation by it; or (b) Declare the System abandoned and cause the System, or such part thereof as the City shall designate, to be removed at no cost to the City. The cost of said removal shall be recoverable from the security fund, indemnity and penalty section provided for in this Franchise or from Grantee directly. (c) Upon termination of service to any Subscriber, Grantee shall promptly remove all its facilities and equipment from within the dwelling of a Subscriber who owns such dwelling upon his or her written request, except as provided by Applicable Law. Such Subscribers shall be responsible for any costs incurred by Grantee in removing the facilities and equipment. 4.5 System Construction and Equipment Standards. The Cable System shall be installed and maintained in accordance with standard good engineering practices and shall conform, when applicable, with the National Electrical Safety Code, the National Electrical Code and the FCC's Rules and Regulations. 4.6 System Maps and Layout. Grantee shall maintain complete and accurate system maps, which shall include trunks, distribution lines, and nodes. Such maps shall include up-to- date route maps showing the location of the Cable System adjacent to the Streets. Grantee shall make all maps available for review by the appropriate City personnel. SECTION 5 SYSTEM DESIGN AND CAPACITY 5.1 Availability of Signals and Equipment. (a) Prior to the Effective Date of this Franchise, Grantee upgraded its Cable System to a fiber to the fiber node Cable System architecture, with fiber optic cable deployed from Grantee's headend to Grantee's fiber nodes, tying into Grantee's coaxial Cable System already serving Subscribers. Active and passive devices currently are passing a minimum of 750 MHz(with a minimum passband of between 50 and 750 MHz)providing to Subscribers at least two hundred(200) or more activated minimum downstream video Channels and minimum activated upstream digital Channel capacity of 35 MHz accessible from any node and any Subscriber in the Franchise Area. This upstream capacity requires no additional installation of equipment for use except on users' premises. 13 2033396v1 (b) The entire System shall be technically capable of transmitting NTSC analog, compressed digital and HDTV transmissions. The Grantee shall comply with all FCC regulations regarding carriage of digital and HDTV transmissions. (c) Grantee agrees to maintain the Cable System in a manner consistent with, or in excess of the specifications in Section 5.1 (a) and(b)throughout the term of the Franchise with sufficient capability and technical quality to enable the implementation and performance of all the requirements of this Franchise, including the exhibits hereto, and in a manner which meets or exceeds FCC technical quality standards at 47 C.F.R. § 76 Subpart K, regardless of the particular format in which a signal is transmitted. 5.2 Free Cable Service to Public Buildings. (a) Throughout the term of this Franchise Grantee shall provide, free of charge, one (1) service Drop, three (3) Converters, if necessary and requested, and Basic Cable Service and the next highest level of Service generally available to all Subscribers (as of the Effective Date referred to as Expanded Basic Cable Service) ("Complimentary Service"), to all of the sites listed on Exhibit A attached hereto. (b) If the Drop line to such building exceeds three hundred fifty(350) feet, Grantee will accommodate the Drop up to three hundred fifty (350) feet if the City or other agency provides the necessary attachment point for aerial service or conduit pathway for underground service. If the necessary pathway is not provided, the City or other agency agrees to pay the incremental cost of such Drop in excess of two hundred(200) feet for an aerial service Drop, or in excess of one hundred twenty-five (125) feet for an underground service Drop. For purposes of this paragraph, "incremental cost"means Grantee's actual cost to provide the Drop beyond the applicable distances, with no mark-up for profit. The recipient of the service will secure any necessary right of entry. (c) The City or the building occupant shall have the right to extend Cable Service throughout the building to additional outlets without any fees imposed by Grantee for the provision of Complimentary Service to such additional outlets. If ancillary equipment, such as a Converter, is required to receive the signal at additional outlets, Grantee will provide up to three (3) devices at no charge, and will provide additional devices at Grantee's lowest residential rate charged within the Twin Cities metropolitan area. (d) Notwithstanding anything to the contrary set forth in this section, Grantee shall not be required to provide Complimentary Service to such buildings unless it is technically feasible. Outlets and maintenance of said Complimentary Service shall be provided free of fees and charges. 5.3 Equal and Uniform Service. To the extent required by Applicable Law, Grantee shall provide access to equal and uniform Cable Service throughout the City. 14 2033396v1 5.4 System Specifications. (a) System Maintenance. In all its construction and service provision activities, Grantee shall meet or exceed the construction, technical performance, extension and service requirements set forth in this Franchise. (b) Emergency Alert Capability. At all times during the term of this Franchise, Grantee shall provide and maintain an Emergency Alert System(EAS) consistent with applicable federal law and regulations including 47 C.F.R., Part 11, and any Minnesota State Emergency Alert System requirements. The City may identify authorized emergency officials for activating the EAS consistent with the Minnesota State Emergency Statewide Plan("EAS Plan"). The City may also develop a local plan containing methods of EAS message distribution, subject to Applicable Laws and the EAS Plan. Nothing in this section is intended to expand Grantee's obligations beyond that which is required by the EAS Plan and Applicable Law. (c) Standby Power. Grantee shall provide standby power generating capacity at the Cable System control center and at all hubs. Grantee shall maintain standby power system supplies, rated at least at two (2)hours' duration, throughout the trunk and distribution networks. In addition, Grantee shall have in place throughout the Franchise term a plan, and all resources necessary for implementation of the plan, for dealing with outages of more than two (2) hours. (d) Technical Standards. The technical standards used in the operation of the Cable System shall comply, at minimum, with the technical standards promulgated by the FCC relating to Cable Systems pursuant to Title 47, Section 76, Subpart K of the Code of Federal Regulations, as may be amended or modified from time to time, which regulations are expressly incorporated herein by reference. The Cable System shall be installed and maintained in accordance with standard good engineering practices and shall conform with the National Electrical Safety Code and all other Applicable Laws governing the construction of the Cable System. 5.5 Performance Testing. Grantee shall perform all system tests at the intervals required by the FCC, and all other tests reasonably necessary to determine compliance with technical standards required by this Franchise. These tests shall include, at a minimum: (a) Initial proof of performance for any construction; (b) Semi-annual compliance tests; (c) Tests in response to Subscriber complaints; (d) Tests requested by the City to demonstrate franchise compliance; and (e) Written records of all system test results performed by or for Grantee shall be maintained, and shall be available for City inspection upon request. 15 2033396v1 5.6 Special Testing. (a) Throughout the term of this Franchise, City shall have the right to inspect all construction or installation work performed pursuant to the provisions of the Franchise. In addition, City may require special testing of a location or locations within the System if there is a particular matter of controversy or unresolved complaints regarding such construction or installation work or pertaining to such location(s). Demand for such special tests may be made on the basis of complaints received or other evidence indicating an unresolved controversy or noncompliance. Such tests shall be limited to the particular matter in controversy or unresolved complaints. City shall endeavor to so arrange its request for such special testing so as to minimize hardship or inconvenience to Grantee or to the Subscribers caused by such testing. (b) Before ordering such tests, Grantee shall be afforded thirty(30) Days following receipt of written notice to investigate and, if necessary, correct problems or complaints upon which tests were ordered. City shall meet with Grantee prior to requiring special tests to discuss the need for such and, if possible, visually inspect those locations which are the focus of concern. If, after such meetings and inspections, City wishes to commence special tests and the thirty(30) Days have elapsed without correction of the matter in controversy or unresolved complaints, the tests shall be conducted at Grantee's expense by Grantee's qualified engineer. The City shall have a right to participate in such testing by having an engineer of City's choosing, and at City's expense, observe and monitor said testing. SECTION 6 PROGRAMMING AND SERVICES 6.1 Categories of Programming Service. Grantee shall provide video programming services in at least the following broad categories: Local Broadcast(subject to federal carriage requirements) Public Broadcast News and Information Sports General Entertainment Arts/Performance/Humanities Science/Technology Children/Family/Seniors Foreign Language/Ethnic Programming Public, Educational and Governmental Access Programming (to the extent required by the Franchise) Movies Leased Access 6.2 Changes in Programming Services. Grantee shall not delete or so limit as to effectively delete any broad category of programming within its control without the City's consent. Further, Grantee shall provide at least thirty (30) Days' prior written notice to 16 2033396v1 Subscribers and to the City of Grantee's request to effectively delete any broad category of programming or any Channel within its control, including all proposed changes in bandwidth or Channel allocation and any assignments including any new equipment requirements that may occur as a result of these changes. 6.3 Parental Control Device. Upon request by any Subscriber, Grantee shall make available for sale or lease a parental control or lockout device that will enable the Subscriber to block all access to any and all Channels without affecting those not blocked. Grantee shall inform Subscribers of the availability of the lockout device at the time of original subscription and annually thereafter. 6.4 FCC Reports. The results of any tests required to be filed by Grantee with the FCC shall also be copied to City within ten (10) Days of the conduct of the date of the tests. 6.5 Annexation. Unless otherwise provided by Applicable Law, including the City Code, upon the annexation of any additional land area by City,the annexed area shall thereafter be subject to all the terms of this Franchise upon sixty (60) Days written notification to Grantee of the annexation by City. Unless otherwise required by Applicable Laws, nothing herein shall require the Grantee to expand its Cable System to serve, or to offer Cable Service to any area annexed by the City if such area is then served by another Wireline MVPD franchised to provide multichannel video programming. 6.6 Line Extension. (a) Grantee shall construct and operate its Cable System so as to provide Cable Service within the Franchise Area where there exists a density equivalent of seven (7) dwelling units per one-quarter(1/4)mile of feeder cable as measured from the nearest active plant of the Cable System if the extension is to be constructed using aerial plant, and nine (9) dwelling units per one-quarter(1/4)mile of feeder cable as measured from the nearest active plant if the extension is to be constructed using underground plant. The City, for its part, shall endeavor to exercise reasonable efforts to require developers and utility companies to provide the Grantee with at least fifteen(15) Days advance notice of an available open trench for the placement of necessary cable. (b) Where the density is less than that specified above, Grantee shall inform Persons requesting Service of the possibility of paying for installation or a line extension and shall offer to provide them with a free written estimate of the cost, which shall be provided within fifteen (15) working days of such a request. Grantee may offer the Persons requesting Service the opportunity to "prepay" some or all of the necessary line extensions according to its regular business policies. Grantee shall at all times implement such line extension policy in a nondiscriminatory manner throughout the City. (c) Any residential unit located within one-hundred twenty-five (125) feet from the nearest point of access on the Street from which the Cable System is designed to serve the site shall be connected to the Cable System at no charge other than the standard installation charge. Grantee shall,upon request by any potential Subscriber residing in City beyond the one hundred twenty-five (125) foot limit, extend service to such 17 2033396v1 Subscriber provided that the Subscriber shall pay the net additional Drop costs,unless the Grantee agrees to waive said costs. To the extent consistent with Applicable Laws, Grantee agrees that it shall impose installation costs for non-standard installations in a uniform and nondiscriminatory manner throughout the City. 6.7 Nonvoice Return Capability. Grantee is required to use cable and associated electronics having the technical capacity for nonvoice return communications. SECTION 7 PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS 7.1 Number of PEG Access Channels. Grantee will maintain four(4) PEG Access Channels for the first twelve (12) months of the Franchise term. Twelve (12) months after the Effective Date of the Franchise, the City shall be entitled to only three (3) PEG Access Channels. 7.2 Analog,Digital and HD PEG Carriage Requirements. Grantee shall provide the Access Channels on the most basic tier of service offered by Grantee in accordance with the Cable Act, Section 611, and as further set forth in this Section 7. At such time as Grantee no longer offers Basic Cable Service in an analog format, Grantee shall carry all PEG Access Channels in a standard digital format in Grantee's Basic Cable Service package, unless the parties agree to an earlier conversion date. Thereafter, and upon ninety (90) days' notice from the City, Grantee shall make one (1) of the three (3) PEG Access Channels available in high definition (HD) format, provided that Grantee receives a satisfactory HD signal from the program originator. (a) The City acknowledges that receipt of an HD format Access Channel may require Subscribers to buy or lease special equipment, or pay additional HD charges applicable to all HD services. (b) All Access Channels may be delivered by City to Grantee in either analog or standard digital format. (c) Within twelve (12) months of the Effective Date, and with at least one hundred twenty(120) Day written notice to Grantee, the City may provide PEG Access Channels in only HD format to the demarcation point to provide the signal to Grantee, and as such the City will no longer provide the PEG Access Channels in a standard definition digital format. Grantee shall provide all necessary transmission equipment from the demarcation point and throughout Grantee's distribution system, in order to deliver the PEG Access Channels. Access Channel signals delivered in HD format to Grantee shall not require Grantee to deliver such HD signals to Subscribers except as set forth herein. 7.3 Existing PEG Studio and Playback. Within thirty (30) Days of the Effective Date, Grantee shall have no further obligation to maintain Grantee's public access studio located in Eden Prairie ("Studio"). Grantee shall maintain all public access and educational access playback equipment and playback staff at the Studio for twelve (12)months from the Effective Date ("Transition Period"). 18 2033396v1 7.4 Existing PEG Equipment Transfer. Grantee will transfer all existing PEG equipment, racks, lights, facilities, etc. currently in use at the Studio to the Commission. Timing for the equipment transfer will occur within sixty(60) days following close of the Studio and the equipment transfer for playback will occur shortly after the Transition Period is completed. 7.5 Control of PEG Channels. The control and administration of the Access Channels shall rest with the City and the City may delegate, from time to time over the term of this Franchise, such control and administration to various entities as determined in City's sole discretion. 7.6 Transmission of Access Channels. Access Channels may be used for transmission of non-video signals in compliance with Applicable Laws. This may include downstream transmission of data using a protocol such as TCP/IP or current industry standards. Should Grantee develop the capability to provide bi-directional data transmission, spectrum capacity shall be sufficient to allow Subscribers to transmit data to PEG facilities. 7.7 Access Channel Locations. (a) Access Channels shall be carried on the Basic Cable Service tier to the extent required by Applicable Law and as set forth in Section 7.2 herein. Nothing herein precludes the Grantee from charging for equipment needed for Basic Cable Service. Grantee shall make every reasonable effort to coordinate the cablecasting of PEG access programming on the Cable System on the same Channel designations as such programming is currently cablecast within the City. In no event shall any Access Channel reallocations be made prior to ninety (90) Days written notice to the City by Grantee, except for circumstances beyond Grantee's reasonable control. The Access Channels will be located within reasonable proximity to other commercial video or broadcast Channels, excluding pay-per-view programming offered by Grantee in the City. (b) Grantee agrees not to encrypt the Access Channels differently than other commercial Channels available on the Cable System. (c) In conjunction with any occurrence of any Access Channel(s)relocation, Grantee shall provide a minimum of Nine Thousand Dollars ($9,000) of in-kind air time per event on advertiser supported Channels (e.g. USA, TNT, TBS, Discovery Channel, or other comparable Channels) for the purpose of airing City's, or its designees',pre- produced thirty (30) second announcement explaining the change in location. 7.8 Navigation to Access Channels. Grantee agrees that if it utilizes a visual interface under its control on its Cable System for all Channels, the Access Channels shall be treated in a non-discriminatory fashion consistent with Applicable Laws so that Subscribers will have ready access to Access Channels. This shall not be construed to require Grantee to pay any third party fees that may result from this obligation. 7.9 Ownership of Access Channels. Grantee does not relinquish its ownership of or ultimate right of control over a Channel by designating it for PEG use. A PEG access user— whether an individual, educational or governmental user—acquires no property or other interest 19 2033396v1 by virtue of the use of a Channel position so designated. Grantee shall not exercise editorial control over any public, educational, or governmental use of a Channel position, except Grantee may refuse to transmit any public access program or portion of a public access program that contains obscenity, indecency, or nudity in violation of Applicable Law. 7.10 Noncommercial Use of PEG. Permitted noncommercial uses of the Access Channels shall include by way of example and not limitation: (1)the identification of financial supporters similar to what is provided on public broadcasting stations; or(2)the solicitation of financial support for the provision of PEG programming by the City or third party users for charitable, educational or governmental purposes; or(3)programming offered by accredited, non-profit, educational institutions which may, for example, offer telecourses over a Access Channel. 7.11 Dedicated Fiber Return Lines. Grantee will maintain all existing fiber paths in place as of the Effective Date to facilitate PEG origination/return capacity in the City. Such fiber returns paths are listed in Exhibit B attached hereto. Grantee shall not be responsible for fiber "replacement"but will handle any damage and all maintenance on the existing fiber. Grantee anticipates,but cannot guarantee, that that this will result in minimal fiber expenditures by the City over the Franchise term. 7.12 Interconnection. To the extent technically feasible, Grantee will allow necessary interconnection with any newly constructed City and school fiber for noncommercial programming to be promoted and administered by the City as allowed under Applicable Laws and at no additional cost to the City or schools. This may be accomplished through a patch panel or other similar facility and each party will be responsible for the fiber on their respective sides of the demarcation point. Grantee reserves its right to review on a case-by-case basis the technical feasibility of the proposed interconnection. Based on this review Grantee may condition the interconnection on the reasonable reimbursement of Grantee's incremental costs, with no markup for profit, to recoup Grantee's construction costs only. In no event will Grantee impose any type of recurring fee for said interconnection. 7.13 Ancillary Equipment. Any ancillary equipment operated by Grantee for the benefit of PEG Access Channels on Grantee's fiber paths or Cable System,whether referred to switchers, routers or other equipment,will be maintained by Grantee, at no cost to the City or schools for the life of the Franchise. Grantee is responsible for any ancillary equipment on its side of the demarcation point and the City or school is responsible for all other production/playback equipment. 7.14 Future Fiber Return Lines for PEG. At such time that the City determines: (a) that the City desires the capacity to allow Subscribers in the City to receive PEG programming (video or character generated)which may originate from schools, City facilities, other government facilities or other designated facilities (other than those indicated in paragraph 10); or (b) that the City desires to establish or change a location from which PEG programming is originated; or 20 2033396v1 (c) that the City desires to upgrade the Connection to Grantee from an existing signal point of origination, the City will give Grantee written notice detailing the point of origination and the capability sought by the City. Grantee agrees to submit a cost estimate to implement the City's plan within a reasonable period of time but not later than September 1st in the year proceeding the request for any costs exceeding Twenty-five Thousand and No/100 Dollars ($25,000). The cost estimate will be on a time and materials basis with no additional markup. After an agreement to reimburse Grantee for Grantee's out of pocket time and material costs, Grantee will implement any necessary Cable System changes within a reasonable period of time. Nothing herein prevents the City, or a private contractor retained by the City, from constructing said return fiber. 7.15 Access Channel Carriage. (a) Any and all costs associated with any modification of the Access Channels or signals after the Access Channels/signals leave the City's designated playback facilities, or any designated playback center authorized by the City shall be borne entirely by Grantee. Grantee shall not cause any programming to override PEG programming on any Access Channel, except by oral or written permission from the City,with the exception of emergency alert signals. (b) The City may request and Grantee shall provide an additional Access Channel when the cumulative time on all the existing Access Channels combined meets the following standard: whenever one of the Access Channels in use during eighty percent(80%) of the weekdays, Monday through Friday, for eighty percent(80%) of the time during a consecutive three (3) hour period for six (6) weeks running, and there is a demand for use of an additional Channel for the same purpose, the Grantee has six (6) months in which to provide a new, Access Channel for the same purpose; provided that, the provision of the additional Channel or Channels does not require the Cable System to install Converters. (c) The VHF spectrum shall be used for one (1) of the public, educational, or governmental specially designated Access Channels. (d) The City or its designee shall be responsible for developing, implementing, interpreting and enforcing rules for PEG Access Channel use. (e) The Grantee shall monitor the Access Channels for technical quality to ensure that they meet FCC technical standards including those applicable to the carriage of Access Channels, provided however, that the Grantee is not responsible for the production quality of PEG programming productions. The City, or its designee, shall be responsible for the production and quality of all PEG access programming. Grantee shall carry all components of the standard definition of Access Channel including, but not limited to, closed captioning, stereo audio and other elements associated with the programming. 21 2033396v1 7.16 Access Channel Support. (a) Within thirty(30) days of the Effective Date of this Franchise Grantee shall remit to the Commission a one-time Two Hundred Thousand and No/100 Dollar ($200,000) grant in support of PEG capital purposes ("PEG Grant"). Comcast retains all legal authority it may possess to recover the PEG Grant from Subscribers in any manner permitted by Applicable Law. (b) Upon the Effective Date of this Franchise, Grantee shall also collect and remit to the City Sixty cents (600)per Subscriber per month in support of PEG capital ("PEG Fee"). (c) During the twelve (12) months following the Effective Date, Grantee shall retain Thirteen cents (130) of the Sixty cent(600) PEG Fee to reimburse Grantee for the costs associated with maintaining staff, equipment and space at the Studio to handle the public and educational playback obligations for the Transition Period. This will result in the City receiving a Forty-seven cent(470)PEG Fee for the first twelve (12)months of the Franchise. Thereafter the PEG Fee will revert to the Sixty cent(600) level for the remainder of the ten(10)year Franchise term—subject to the one-time inflation adjustment set forth in Section 7.16 (d) below. (d) At the fifth(5th) anniversary of the Effective Date of this Franchise, the City, at its discretion, may require Grantee to increase the PEG Fee to Sixty-five cents (650)per Subscriber per month for the remaining term of the Franchise. The PEG Fee shall be used by City in its sole discretion to fund PEG access capital expenditures. (e) Neither the PEG Grant nor the PEG Fee are intended to represent part of the Franchise Fee and are intended to fall within one (1) or more of the exceptions in 47 U.S.C. § 542. The PEG Grant and PEG Fee may be categorized, itemized, and passed through to Subscribers as permissible, in accordance with 47 U.S.C. §542 or other Applicable Laws. Grantee shall pay the PEG Fee to the City quarterly at the same time as the payment of Franchise Fees under Section 16.1 of the Franchise. Grantee agrees that it will not offset or reduce its payment of past,present or future Franchise Fees required as a result of its obligation to remit the PEG Funds or the PEG Fee. (f) Any PEG Access capital support amounts owing pursuant to this Franchise which remain unpaid more than twenty-five (25) Days after the date the payment is due shall be delinquent and shall thereafter accrue interest at twelve percent (12%)per annum or the prime lending rate published by the Wall Street Journal on the Day the payment was due plus two percent(2%),whichever is greater. 7.17 PEG Technical Quality. (a) Grantee shall not be required to carry a PEG Access Channel in a higher quality format than that of the Channel Signal delivered to Grantee,but Grantee shall not implement a change in the method of delivery of Access Channels that results in a material degradation of signal quality or impairment of viewer reception of Access Channels, provided that this requirement shall not prohibit Grantee from implementing 22 2033396v1 new technologies also utilized for commercial Channels carried on its Cable System. Grantee shall meet FCC signal quality standards when offering Access Channels on its Cable System and shall continue to comply with closed captioning pass-through requirements. There shall be no significant deterioration in an Access Channels signal from the point of origination upstream to the point of reception downstream on the Cable System. (b) Within twenty-four(24) hours of a written request from City to the Grantee identifying a technical problem with a Access Channel and requesting assistance, Grantee will provide technical assistance or diagnostic services to determine whether or not a problem with a PEG signal is the result of matters for which Grantee is responsible and if so, Grantee will take prompt corrective action. If the problem persists and there is a dispute about the cause, then the parties shall meet with engineering representation from Grantee and the City in order to determine the course of action to remedy the problem. 7.18 Access Channel Promotion. Grantee shall allow the City to place bill stuffers in Grantee's Subscriber statements at a cost to the City not to exceed Grantee's out of pocket cost, no less frequently than twice per year, or at such time as a Access Channel is moved or relocated, upon the written request of the City and at such times that the placement of such materials would not materially and adversely affect Grantee's cost for the production and mailing of such statements. The City agrees to pay Grantee in advance for the actual cost of such bill stuffers. 7.19 Change in Technology. In the event Grantee makes any change in the Cable System and related equipment and facilities or in its signal delivery technology, which requires the City to obtain new equipment in order to be compatible with such change for purposes of transport and delivery of the Access Channels, Grantee shall, at its own expense and free of charge to City or its designated entities,purchase such equipment as may be necessary to facilitate the cablecasting of the Access Channels in accordance with the requirements of the Franchise. 7.20 Relocation of Grantee's Headend. In the event Grantee relocates its headend, Grantee will be responsible for replacing or restoring the existing dedicated fiber connections at Grantee's cost so that all the functions and capacity remain available, operate reliably and satisfy all applicable technical standards and related obligations of the Franchise free of charge to the City or its designated entities. 7.21 Regional Channel Six. Grantee shall make available Regional Channel Six as long as it is required to do so by the State of Minnesota. 7.22 Government Access Channel Functionality. Grantee agrees to provide the capability such that the City, from its City Hall, can switch its government Access Channel in the following ways: (a) Insert live Council meetings from City Hall; (b) Replay government access programming from City Hall; and 23 2033396v1 (c) Transmit character generated programming. (d) Schedule for Grantee to replay City-provided tapes in pre-arranged time slot on the government Access Channel; and (e) Switch to C-SPAN 2 or other comparable programming provided by the Grantee at any time when not carrying live or taped government access programming. 7.23 Compliance with Minnesota Statutes Chapter 238. In addition to the requirements contained in this Section 7 of this Franchise, Grantee and City shall comply with the PEG requirements mandated by Minn. Stat. 238.084. SECTION 8 REGULATORY PROVISIONS. 8.1 Intent. The City shall have the right to administer and regulate activities under the Franchise up to the full extent permitted by Applicable Law. 8.2 Delegation of Authority to Regulate. The City reserves the right to delegate its regulatory authority wholly or in part to agents of the City, including,but not limited to, an agency which may be formed to regulate several franchises in the region in a manner consistent with Applicable Laws. This may include but shall not be limited to the Commission or other entity as City may determine in its sole discretion. Any existing delegation in place at the time of the grant of this Franchise shall remain intact unless expressly modified by City. 8.3 Areas of Administrative Authority. In addition to any other regulatory authority granted to the City by law or franchise, the City shall have administrative authority in the following areas: (a) Administering and enforcing the provisions of this Franchise, including the adoption of administrative rules and regulations to carry out this responsibility. (b) Coordinating the operation of Access Channels. (c) Formulating and recommending long-range cable communications policy for the Franchise Area. (d) Disbursing and utilizing Franchise revenues paid to the City. (e) Administering the regulation of rates, to the extent permitted by Applicable Law. (0 All other regulatory authority permitted under Applicable Law. The City or its designee shall have continuing regulatory jurisdiction and supervision over the System and the Grantee's operations under the Franchise to the extent allowed by Applicable Law. 24 2033396v1 8.4 Regulation of Rates and Charges. (a) Right to Regulate. The City reserves the right to regulate rates or charges for any Cable Service within the limits of Applicable Law, to enforce rate regulations prescribed by the FCC, and to establish procedures for said regulation or enforcement. (b) Notice of Change in Rates and Charges. Throughout the term of this Franchise, Grantee shall give the City and all Subscribers within the City at least thirty (30) Days' notice of any intended modifications or additions to Subscriber rates or charges.Nothing in this Subsection shall be construed to prohibit the reduction or waiving of rates or charges in conjunction with promotional campaigns for the purpose of attracting Subscribers or users. (c) Rate Discrimination Prohibited. Within any category of Subscribers, Grantee shall not discriminate among Subscribers with regard to rates and charges made for any service based on considerations of race, color, creed, sex, marital or economic status, national origin, sexual preference, or(except as allowed by Applicable Law) neighborhood of residence, except as otherwise provided herein; and for purposes of setting rates and charges, no categorization of Subscribers shall be made by Grantee on the basis of those considerations. Nevertheless, Grantee shall be permitted to establish(1) discounted rates and charges for providing Cable Service to low-income, handicapped, or low-income elderly Subscribers, (2)promotional rates, and(3) bulk rate and package discount pricing. SECTION 9 BOND. 9.1 Performance Bond. Upon the Effective Date of this Franchise and at all times thereafter Grantee shall maintain with City a bond in the sum of One Hundred Thousand Dollars ($100,000.00) in such form and with such sureties as shall be acceptable to City, conditioned upon the faithful performance by Grantee of this Franchise and the acceptance hereof given by City and upon the further condition that in the event Grantee shall fail to comply with any law, ordinance or regulation, there shall be recoverable jointly and severally from the principal and surety of the bond, any damages or losses suffered by City as a result, including the full amount of any compensation, indemnification or cost of removal of any property of Grantee, including a reasonable allowance for attorneys' fees and costs (with interest at two percent(2%) in excess of the then prime rate),up to the full amount of the bond, and which bond shall further guarantee payment by Grantee of all claims and liens against City or any,public property, and taxes due to City, which arise by reason of the construction, operation, maintenance or use of the Cable System. 9.2 Rights. The rights reserved by City with respect to the bond are in addition to all other rights the City may have under this Franchise or any other law. 9.3 Reduction of Bond Amount. City may, in its sole discretion, reduce the amount of the bond. 25 2033396v1 SECTION 10 SECURITY FUND 10.1 Security Fund. If there is an uncured breach by Grantee of a material provision of this Franchise or a pattern of repeated violations of any provision(s) of this Franchise, then Grantee shall, upon written request, establish and provide to the City, as security for the faithful performance by Grantee of all of the provisions of this Franchise, a letter of credit from a financial institution satisfactory to the City in the amount of Twenty Thousand and No/100 Dollars ($20,000.00). In no event shall Grantee fail to post a Twenty Thousand and No/100 Dollar($20,000.00) letter of credit within thirty(30) days receipt of a notice of franchise violation pursuant to this Section 10.1. Failure to post said letter of credit shall constitute a separate material violation of this Franchise,unless the breach is cured within such thirty (30) Day period or longer period allowed under the Franchise. The letter of credit shall serve as a common security fund for the faithful performance by Grantee of all the provisions of this Franchise and compliance with all orders, permits and directions of the City and the payment by Grantee of any claim, liens, costs, expenses and taxes due the City which arise by reason of the construction, operation or maintenance of the Cable System. Interest on this deposit shall be paid to Grantee by the bank on an annual basis. The security may be terminated by the Grantee upon the resolution of the alleged noncompliance. The obligation to establish the security fund required by this paragraph is unconditional. The fund must be established in those circumstances where Grantee disputes the allegation that it is not in compliance, and maintained for the duration of the dispute. If Grantee fails to establish the security fund as required, the City may take whatever action is appropriate to require the establishment of that fund and may recover its costs, reasonable attorneys' fees, and an additional penalty of Two Thousand Dollars ($2,000) in that action. 10.2 Withdrawal of Funds. Provision shall be made to permit the City to withdraw funds from the security fund. Grantee shall not use the security fund for other purposes and shall not assign, pledge or otherwise use this security fund as security for any purpose. 10.3 Restoration of Funds. Within ten(10) Days after notice to it that any amount has been withdrawn by the City from the security fund pursuant to 10.4 of this section, Grantee shall deposit a sum of money sufficient to restore such security fund to the required amount. 10.4 Liquidated Damages. In addition to recovery of any monies owed by Grantee to City or damages to City as a result of any acts or omissions by Grantee pursuant to the Franchise, City in its sole discretion may charge to and collect from the security fund the following liquidated damages: (a) For failure to provide data, documents, reports or information or to cooperate with City during an application process or System review, the liquidated damage shall be One Hundred Dollars ($100.00)per Day for each Day, or part thereof, such failure occurs or continues. (b) For failure to comply with any of the provisions of this Franchise for which a penalty is not otherwise specifically provided pursuant to this Paragraph 10.4, 26 2033396v1 the liquidated damage shall be One Hundred Fifty Dollars ($150.00) per Day for each Day, or part thereof, such failure occurs or continues. (c) For failure to test, analyze and report on the performance of the System following a request by City, the liquidated damage shall be Two Hundred Fifty Dollars ($250.00)per Day for each Day, or part thereof, such failure occurs or continues. (d) Forty-five Days following notice from City of a failure of Grantee to comply with construction, operation or maintenance standards, the liquidated damage shall be Two Hundred Dollars ($200.00)per Day for each Day, or part thereof, such failure occurs or continues. (e) For failure to provide the services Grantee has proposed, including but not limited to the implementation and the utilization of the Access Channels the liquidated damage shall be One Hundred Fifty($150.00)per Day for each Day, or part thereof, such failure occurs or continues. 10.5 Each Violation a Separate Violation. Each violation of any provision of this Franchise shall be considered a separate violation for which separate liquidated damages can be imposed. 10.6 Maximum 120 Days. Any liquidated damages for any given violation shall be imposed upon Grantee for a maximum of one hundred twenty(120) Days. If after that amount of time Grantee has not cured or commenced to cure the alleged breach to the satisfaction of the City, the City may pursue all other remedies. 10.7 Withdrawal of Funds to Pay Taxes. If Grantee fails to pay to the City any taxes due and unpaid; or fails to repay to the City, any damages, costs or expenses which the City shall be compelled to pay by reason of any act or default of the Grantee in connection with this Franchise; or fails, after thirty(30)Days notice of such failure by the City to comply with any provision of the Franchise which the City reasonably determines can be remedied by an expenditure of the security, the City may then withdraw such funds from the security fund. Payments are not Franchise Fees as defined in Section 16 of this Franchise. 10.8 Procedure for Draw on Security Fund. Whenever the City finds that Grantee has allegedly violated one (1) or more terms, conditions or provisions of this Franchise, a written notice shall be given to Grantee. The written notice shall describe in reasonable detail the alleged violation so as to afford Grantee an opportunity to remedy the violation. Grantee shall have thirty (30) Days subsequent to receipt of the notice in which to correct the violation before the City may require Grantee to make payment of damages, and further to enforce payment of damages through the security fund. Grantee may, within ten(10) Days of receipt of notice, notify the City that there is a dispute as to whether a violation or failure has, in fact, occurred. Such notice by Grantee shall specify with particularity the matters disputed by Grantee and shall stay the running of the above-described time. (a) City shall hear Grantee's dispute at the next regularly scheduled or specially scheduled Council meeting. Grantee shall have the right to speak and introduce evidence. The City shall determine if Grantee has committed a violation and shall make 27 2033396v1 written findings of fact relative to its determination. If a violation is found, Grantee may petition for reconsideration. (b) If after hearing the dispute, the claim is upheld by the City, then Grantee shall have thirty(30) Days within which to remedy the violation before the City may require payment of all liquidated damages due it. 10.9 Time for Correction of Violation. The time for Grantee to correct any alleged violation may be extended by the City if the necessary action to collect the alleged violation is of such a nature or character as to require more than thirty (30) Days within which to perform provided Grantee commences corrective action within fifteen(15) Days and thereafter uses reasonable diligence, as determined by the City, to correct the violation. 10.10 Grantee's Right to Pay Prior to Security Fund Draw. Grantee shall have the opportunity to make prompt payment of any assessed liquidated damages and if Grantee fails to promptly remit payment to the City,the City may resort to a draw from the security fund in accordance with the terms of this Section 10 of the Franchise. 10.11 Failure to so Replenish Security Fund. If any security fund is not so replaced, City may draw on said security fund for the whole amount thereof and hold the proceeds, without interest, and use the proceeds to pay costs incurred by City in performing and paying for any or all of the obligations, duties and responsibilities of Grantee under this Franchise that are not performed or paid for by Grantee pursuant hereto, including attorneys' fees incurred by the City in so performing and paying. The failure to so replace any security fund may also, at the option of City, be deemed a default by Grantee under this Franchise. The drawing on the security fund by City, and use of the money so obtained for payment or performance of the obligations, duties and responsibilities of Grantee which are in default, shall not be a waiver or release of such default. 10.12 Collection of Funds Not Exclusive Remedy. The collection by City of any damages or monies from the security fund shall not affect any other right or remedy available to City, nor shall any act, or failure to act, by City pursuant to the security fund, be deemed a waiver of any right of City pursuant to this Franchise or otherwise. Notwithstanding this section, however, should the City elect to impose liquidated damages, that remedy shall remain the City's exclusive remedy for the one hundred twenty (120) Day period set forth in Section 10.6. SECTION 11 DEFAULT 11.1 Basis for Default. City shall give written notice of default to Grantee if City, in its sole discretion, determines that Grantee has: (a) Violated any material provision of this Franchise or the acceptance hereto or any rule, order, regulation or determination of the City, state or federal government, not in conflict with this Franchise; (b) Attempted to evade any provision of this Franchise or the acceptance hereof; 28 2033396v1 (c) Practiced any fraud or deceit upon City or Subscribers; (d) Made a material misrepresentation of fact in the application for or negotiation of this Franchise; or (e) Incurred a twelve (12)month or more delay in the construction schedule. 11.2 Default Procedure. If Grantee fails to cure such default within thirty(30) Days after the giving of such notice (or if such default is of such a character as to require more than thirty(30) Days within which to cure the same, and Grantee fails to commence to cure the same within said thirty (30)Day period and thereafter fails to use reasonable diligence, in City's sole opinion, to cure such default as soon as possible), then, and in any event, such default shall be a substantial breach and City may elect to terminate the Franchise. The City may place the issue of revocation and termination of this Franchise before the governing body of City at a regular meeting. If City decides there is cause or reason to terminate, the following procedure shall be followed: (a) City shall provide Grantee with a written notice of the reason or cause for proposed termination and shall allow Grantee a minimum of thirty(30) Days subsequent to receipt of the notice in which to correct the default. (b) Grantee shall be provided with an opportunity to be heard at a public hearing prior to any decision to terminate this Franchise. (c) If, after notice is given and an opportunity to cure, at Grantee's option, a public hearing is held, and the City determines there was a violation,breach, failure, refusal or neglect, the City may declare by resolution the Franchise revoked and of no further force and effect unless there is compliance within such period as the City may fix, such period may not be less than thirty(30) Days provided no opportunity for compliance need be granted for fraud or misrepresentation. 11.3 Mediation. If the Grantee and City are unable to resolve a dispute through informal negotiations during the period of thirty(30) Days following the submission of the claim giving rise to the dispute by one (1)party to the other, then unless that claim has been waived as provided in the Franchise, such claim may be subject to mediation if jointly agreed upon by both parties. Unless the Grantee and City mutually agree otherwise, such mediation shall be in accordance with the rules of the American Arbitration Association currently in effect at the time of the mediation. A party seeking mediation shall file a request for mediation with the other party to the Franchise and with the American Arbitration Association. The request may be made simultaneously with the filing of a complaint,but, in such event, mediation shall proceed in advance of legal proceedings only if the other party agrees to participate in mediation. Mutually agreed upon Mediation shall stay other enforcement remedies of the parties for a period of ninety (90) days from the date of filing, unless stayed for a longer period by agreement of the Grantee and City. The Grantee and City shall each pay one-half of the mediator's fee and any filing fees. The mediation shall be held in the City unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as a settlement agreement in any court 29 2033396v1 having jurisdiction thereof. Nothing herein shall serve to modify or on any way delay the franchise enforcement process set forth in Section 10 of this Franchise. 11.4 Failure to Enforce. Grantee shall not be relieved of any of its obligations to comply promptly with any provision of the Franchise by reason of any failure of the City to enforce prompt compliance, and City's failure to enforce shall not constitute a waiver of rights or acquiescence in Grantee's conduct. 11.5 Compliance with the Laws. (a) If any federal or state law or regulation shall require or permit City or Grantee to perform any service or act or shall prohibit City or Grantee from performing any service or act which may be in conflict with the terms of this Franchise, then as soon as possible following knowledge thereof, either party shall notify the other of the point in conflict believed to exist between such law or regulation. Grantee and City shall conform to state laws and rules regarding cable communications not later than one (1) year after they become effective,unless otherwise stated, and shall conform to federal laws and regulations regarding cable as they become effective. (b) If any term, condition or provision of this Franchise or the application thereof to any Person or circumstance shall, to any extent,be held to be invalid or unenforceable, the remainder hereof and the application of such term, condition or provision to Persons or circumstances other than those as to whom it shall be held invalid or unenforceable shall not be affected thereby, and this Franchise and all the terms, provisions and conditions hereof shall, in all other respects, continue to be effective and complied with provided the loss of the invalid or unenforceable clause does not substantially alter the agreement between the parties. In the event such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the provision which had been held invalid or modified is no longer in conflict with the law, rules and regulations then in effect, said provision shall thereupon return to full force and effect and shall thereafter be binding on Grantee and City. SECTION 12 FORECLOSURE AND RECEIVERSHIP 12.1 Foreclosure. Upon the foreclosure or other judicial sale of the Cable System, Grantee shall notify the City of such fact and such notification shall be treated as a notification that a change in control of Grantee has taken place, and the provisions of this Franchise governing the consent to transfer or change in ownership shall apply without regard to how such transfer or change in ownership occurred. 12.2 Receivership. The City shall have the right to cancel this Franchise subject to any applicable provisions of state law, including the Bankruptcy Act, one hundred twenty(120) Days after the appointment of a receiver or trustee to take over and conduct the business of Grantee, whether in receivership, reorganization, bankruptcy or other action or proceeding,unless such receivership or trusteeship shall have been vacated prior to the expiration of said one hundred twenty(120) Days, or unless: 30 2033396v1 (a) Within one hundred twenty(120) Days after his election or appointment, such receiver or trustee shall have fully complied with all the provisions of this Franchise and remedied all defaults thereunder; and, (b) Such receiver or trustee, within said one hundred twenty(120) Days, shall have executed an agreement, duly approved by the Court having jurisdiction in the premises, whereby such receiver or trustee assumes and agrees to be bound by each and every provision of this Franchise. SECTION 13 REPORTING REQUIREMENTS 13.1 Quarterly Reports. Within forty-five (45) calendar days after the end of each calendar quarter, Grantee shall submit to the City along with its Franchise Fee payment a report showing the basis for computation of such fees prepared by an officer of Grantee showing the basis for the computation of the Franchise Fees paid during that period in a form and substance substantially equivalent to Exhibit C attached hereto. This report shall separately indicate revenues received by Grantee within the City including, but not limited to such items as listed in the definition of"Gross Revenues" at Section 1 of this Franchise. 13.2 Monitoring and Compliance Reports. Upon request,but no more than once a year, Grantee shall provide a written report of any and all FCC technical performance tests for the residential network required in FCC Rules and Regulations as now or hereinafter constituted. In addition, Grantee shall provide City with copies of reports of the semi-annual test and compliance procedures established by this Franchise no later than thirty(30) Days after the completion of each series of tests. 13.3 Reports. Upon request of the City and in no event later than thirty(30) Days from the date of receipt of such request, Grantee shall, free of charge,prepare and furnish to the City, at the times and in the form prescribed, such additional reports with respect to its operation, affairs, transactions, or property, as may be reasonably necessary to ensure compliance with the terms of this Franchise. Grantee and City may in good faith agree upon taking into consideration Grantee's need for the continuing confidentiality as prescribed herein. Neither City nor Grantee shall unreasonably demand or withhold information requested pursuant with the terms of this Franchise. 13.4 Communications with Regulatory Agencies. (a) Upon written request, Grantee shall submit to City copies of any pleading, applications, notifications, communications and documents of any kind, submitted by Grantee or its Affiliates to any federal, State or local courts, regulatory agencies and other government bodies if such documents directly relate to the operations of Grantee 's Cable System within the Franchise Area. Grantee shall submit such documents to City no later than thirty(30) Days after receipt of City's request. Grantee shall not claim confidential,privileged or proprietary rights to such documents unless under federal, State, or local law such documents have been determined to be confidential by a court of competent jurisdiction, or a 31 2033396v1 federal or State agency. With respect to all other reports, documents and notifications provided to any federal, State or local regulatory agency as a routine matter in the due course of operating Grantee 's Cable System within the Franchise Area, Grantee shall make such documents available to City upon City's written request. (b) In addition, Grantee and its Affiliates shall within ten (10)Days of any communication to or from any judicial or regulatory agency regarding any alleged or actual violation of this Franchise, City regulation or other requirement relating to the System, use its best efforts to provide the City a copy of the communication, whether specifically requested by the City to do so or not. SECTION 14 CUSTOMER SERVICE POLICIES 14.1 Response to Customers and Cooperation with City. Grantee shall promptly respond to all requests for service,repair, installation and information from Subscribers. Grantee acknowledges the City's interest in the prompt resolution of all cable complaints and shall work in close cooperation with the City to resolve complaints. 14.2 Definition of"Complaint." For the purposes of Section 14, with the exception of Subsection 14.5, a"complaint" shall mean any communication to Grantee or to the City by a Subscriber or a Person who has requested Cable Service; a Person expressing dissatisfaction with any service,performance, or lack thereof,by Grantee under the obligations of this Franchise. 14.3 Customer Service Agreement and Written Information. Grantee shall provide to Subscribers a comprehensive service agreement and information in writing for use in establishing Subscriber service. Written information shall, at a minimum, contain the following information: (a) Services to be provided and rates for such services. (b) Billing procedures. (c) Service termination procedure. (d) Change in service notifications. (e) Liability specifications. (f) Converter/Subscriber terminal equipment policy. (g) Breach of Franchise specification. (h) How complaints are handled including Grantee's procedure for investigation and resolution of Subscriber complaints. 32 2033396v1 (i) The name, address, and phone number of the Person identified by the City as responsible for handling cable questions and complaints for the City. This information shall be prominently displayed and Grantee shall submit the information to the City for review and approval as to its content and placement on Subscriber billing statements. A copy of the written information shall be provided to each Subscriber at the time of initial Connection and any subsequent reconnection. 14.4 Reporting Complaints. (a) The requirements of this Section 14.4 shall be subject to federal law regarding Subscriber privacy. Grantee shall maintain all Subscriber data available for City inspection. Subscriber data shall include the date, name, address, telephone number of Subscriber complaints as well as the subject of the complaint, date and type of action taken to resolve the complaint, any additional action taken by Grantee or the Subscriber. The data shall be maintained in a way that allows for simplified access of the data by the City. (b) Subject to federal law and upon reasonable request by the City, Grantee shall, within a reasonable amount of time,provide City with such Subscriber data for its review. 14.5 Customer Service Standards. The City hereby adopts the customer service standards set forth in Part 76, §76.309 of the FCC's rules and regulations, as amended. Grantee shall, upon request, which request shall include the reason for the request (such as complaints received or other reasonable evidence of concern),provide City with information which shall describe in detail Grantee's compliance with each and every term and provision of this Section 14.5. Grantee shall comply in all respects with the customer service requirements established by the FCC and those set forth herein. To the extent that this Franchise imposes requirements greater than those established by the FCC, Grantee reserves whatever rights it may have to recover the costs associated with compliance in any manner consistent with Applicable Law. 14.6 Local Office. Grantee shall maintain a convenient local customer service and bill payment location for matters such as receiving Subscriber payments, handling billing questions, equipment replacement and customer service information. Grantee shall comply with the standards and requirements for customer service set forth below during the term of this Franchise. 14.7 Cable System office hours and telephone availability. (a) Grantee will maintain a local, toll-free or collect call telephone access line which will be available to its Subscribers twenty-four(24) hours a Day, seven(7) Days a week. (i) Trained Grantee representatives will be available to respond to customer telephone inquiries during Normal Business Hours. (ii) After Normal Business Hours, the access line may be answered by a service or an automated response system, including an answering machine. 33 2033396v1 Inquiries received after Normal Business Hours must be responded to by a trained Grantee representative on the next business Day. (b) Under Normal Operating Conditions, telephone answer time by a customer representative, including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty(30) seconds. These standards shall be met no less than ninety percent (90%) of the time under Normal Operating Conditions, measured on a quarterly basis. (c) Grantee shall not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards above unless an historical record of complaints indicates a clear failure to comply. (d) Under Normal Operating Conditions,the customer will receive a busy signal less than three percent(3%) of the time. (e) Customer service center and bill payment locations will be open at least during Normal Business Hours and will be conveniently located. 14.8 Installations, Outages and Service Calls. Under Normal Operating Conditions, each of the following standards will be met no less than ninety-five percent(95%) of the time measured on a quarterly basis: (a) Standard Installations will be performed within seven(7)business days after an order has been placed. "Standard" Installations are those that are located up to one hundred twenty-five (125) feet from the existing distribution system as more specifically set forth in Section 6.6(c). (b) Excluding conditions beyond the control of Grantee, Grantee will begin working on"Service Interruptions"promptly and in no event later than twenty-four(24) hours after the interruption becomes known. Grantee must begin actions to correct other Service problems the next business Day after notification of the Service problem. (c) The "appointment window" alternatives for Installations, Service calls, and other Installation activities will be either a specific time or, at maximum, a four(4) hour time block during Normal Business Hours. (Grantee may schedule Service calls and other Installation activities outside of Normal Business Hours for the express convenience of the customer.) (d) Grantee may not cancel an appointment with a customer after the close of business on the business Day prior to the scheduled appointment. (e) If Grantee's representative is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the customer will be contacted. The appointment will be rescheduled, as necessary, at a time which is convenient for the customer. 34 2033396v1 14.9 Communications between Grantee and Subscribers. (a) Refunds. Refund checks will be issued promptly,but no later than either: (i) The customer's next billing cycle following resolution of the request or thirty(30) Days, whichever is earlier, or (ii) The return of the equipment supplied by Grantee if Cable Service is terminated. (b) Credits. Credits for Cable Service will be issued no later than the customer's next billing cycle following the determination that a credit is warranted. 14.10 Billing: (a) Consistent with 47 C.F.R. § 76.1619,bills will be clear, concise and understandable. Bills must be fully itemized, with itemizations including,but not limited to, Basic Cable Service and premium Cable Service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits. (b) In case of a billing dispute, Grantee must respond to a written complaint from a Subscriber within thirty(30) Days. 14.11 Subscriber Information. Grantee will provide written information on each of the following areas at the time of Installation of Service, at least annually to all Subscribers, and at any time upon request: (a) Products and Services offered; (b) Prices and options for programming services and conditions of subscription to programming and other services; (c) Installation and Service maintenance policies; (d) Instructions on how to use the Cable Service; (e) Channel positions of programming carried on the System; and (f) Billing and complaint procedures, including the address and telephone number of the City's cable office. Subscribers shall be advised of the procedures for resolution of complaints about the quality of the television signal delivered by Grantee, including the address of the responsible officer of the City. Subscribers will be notified of any changes in rates, programming services or Channel positions as soon as possible in writing. Notice must be given to Subscribers a minimum of thirty(30) Days in advance of such changes if the change is within the control of 35 2033396v1 Grantee. In addition, Grantee shall notify Subscribers thirty(30) Days in advance of any significant changes in the information required by this Section 14.11. 14.12 Notice or Rate Programming Change. In addition to the requirement of this Section 14.12 regarding advance notification to Subscribers of any changes in rates, programming services or Channel positions, Grantee shall give thirty(30) Days written notice to both Subscribers and the City before implementing any rate or Service change. Such notice shall state the precise amount of any rate change and briefly explain in readily understandable fashion the cause of the rate change (e.g., inflation, change in external costs or the addition/deletion of Channels). When the change involves the addition or deletion of Channels, each Channel added or deleted must be separately identified. For purposes of the carriage of digital broadcast signals, Grantee need only identify for Subscribers, the television signal added and not whether that signal may be multiplexed during certain dayparts. 14.13 Subscriber Contracts. Grantee shall, upon written request, provide the City with any standard form residential Subscriber contract utilized by Grantee. If no such written contract exists, Grantee shall file with the City a document completely and concisely stating the length and terms of the Subscriber contract offered to customers. The length and terms of any standard form Subscriber contract(s) shall be available for public inspection during Normal Business Hours. A list of Grantee's current Subscriber rates and charges for Cable Service shall be maintained on file with City and shall be available for public inspection. 14.14 Refund Policy. If a Subscriber's Cable Service is interrupted or discontinued, without cause, for twenty-four(24) or more consecutive hours, Grantee shall, upon request by the Subscriber, credit such Subscriber pro rata for such interruption. For this purpose, every month will be assumed to have thirty(30) Days. 14.15 Late Fees. Grantee shall comply with all applicable state and federal laws with respect to any assessment, charge, cost, fee or sum, however characterized, that Grantee imposes upon a Subscriber for late payment of a bill. The City reserves the right to enforce Grantee's compliance with all Applicable Laws to the maximum extent legally permissible. 14.16 Disputes. All Subscribers and members of the general public may direct complaints, regarding Grantee's Service or performance to the chief administrative officer of the City or the chief administrative officer's designee, which may be a board or Commission of the City. 14.17 Customer Bills. Customer bills shall be designed in such a way as to present the information contained therein clearly and comprehensibly to Customers, and in a way that (A) is not misleading and (B) does not omit material information.Notwithstanding anything to the contrary in Section 14.10, above, Grantee may, in its sole discretion, consolidate costs on Customer bills as may otherwise be permitted by Section 622(c) of the Cable Act(47 U.S.C. §542(c)). 14.18 Failure to Resolve Complaints. Grantee shall resolve a complaint within thirty (30) Days in a manner deemed reasonable by the City under the terms of the Franchise. 36 2033396v1 14.19 Maintain a Complaint Phone Line. Grantee shall maintain a local or toll-free telephone Subscriber complaint line, available to its Subscribers twenty-four(24)hours per Day, seven (7) Days a week. 14.20 Notification of Complaint Procedure. Grantee shall have printed clearly and prominently on each Subscriber bill and in the customer service agreement provided for in Section 14.3, the twenty-four(24) hour Grantee phone number for Subscriber complaints. Additionally, Grantee shall provide information to customers concerning the procedures to follow when they are unsatisfied with measures taken by Grantee to remedy their complaint. This information will include the phone number of the City office or Person designated to handle complaints. Additionally, Grantee shall state that complaints should be made to Grantee prior to contacting the City. 14.21 Subscriber Privacy. (a) To the extent required by Minn. Stat. §238.084 Subd. 1(s) Grantee shall comply with the following: No signals including signals of a Class IV Channel may be transmitted from a Subscriber terminal for purposes of monitoring individual viewing patterns or practices without the express written permission of the Subscriber. The request for permission must be contained in a separate document with a prominent statement that the Subscriber is authorizing the permission in full knowledge of its provisions. Such written permission shall be for a limited period of time not to exceed one (1)year which may be renewed at the option of the Subscriber. No penalty shall be invoked for a Subscriber's failure to provide or renew such permission. The permission shall be revocable at any time by the Subscriber without penalty of any kind whatsoever. (b) No information or data obtained by monitoring transmission of a signal from a Subscriber terminal, including but not limited to lists of the names and addresses of Subscribers or any lists that identify the viewing habits of Subscribers shall be sold or otherwise made available to any party other than to Grantee or its agents for Grantee's business use, and also to the Subscriber subject of that information,unless Grantee has received specific written permission from the Subscriber to make such data available. The request for permission must be contained in a separate document with a prominent statement that the Subscriber is authorizing the permission in full knowledge of its provisions. Such written permission shall be for a limited period of time not to exceed one (1)year which may be renewed at the option of the Subscriber. No penalty shall be invoked for a Subscriber's failure to provide or renew such permission. The permission shall be revocable at any time by the Subscriber without penalty of any kind whatsoever. (c) Written permission from the Subscriber shall not be required for the conducting of system wide or individually addressed electronic sweeps for the purpose of verifying System integrity or monitoring for the purpose of billing. Confidentiality of such information shall be subject to the provision set forth in subparagraph(b) of this section. 37 2033396v1 14.22 Grantee Identification. Grantee shall provide all customer service technicians and all other Grantee employees entering private property with appropriate picture identification so that Grantee employees may be easily identified by the property owners and Subscribers. SECTION 15 SUBSCRIBER PRACTICES 15.1 Subscriber Rates. There shall be no charge for disconnection of any installation or outlet. If any Subscriber fails to pay a properly due monthly Subscriber fee, or any other properly due fee or charge, Grantee may disconnect the Subscriber's service outlet,provided, however, that such disconnection shall not be effected until after the later of: (i) forty-five (45) Days after the original due date of said delinquent fee or charge; or(ii)ten(10) Days after delivery to Subscriber of written notice of the intent to disconnect. If a Subscriber pays before expiration of the later of(i) or(ii), Grantee shall not disconnect. After disconnection, upon payment in full of the delinquent fee or charge and the payment of a reconnection charge, Grantee shall promptly reinstate the Subscriber's Cable Service. 15.2 Refunds to Subscribers shall be made or determined in the following manner: (a) If Grantee fails, upon request by a Subscriber, to provide any service then being offered, Grantee shall promptly refund all deposits or advance charges paid for the service in question by said Subscriber. This provision does not alter Grantee's responsibility to Subscribers under any separate contractual agreement or relieve Grantee of any other liability. (b) If any Subscriber terminates any monthly service because of failure of Grantee to render the service in accordance with this Franchise, Grantee shall refund to such Subscriber the proportionate share of the charges paid by the Subscriber for the services not received. This provision does not relieve Grantee of liability established in other provisions of this Franchise. (c) If any Subscriber terminates any monthly service prior to the end of a prepaid period, a proportionate amount of any prepaid Subscriber service fee, using the number of days as a basis, shall be refunded to the Subscriber by Grantee. SECTION 16 COMPENSATION AND FINANCIAL PROVISIONS. 16.1 Franchise Fees. During the term of the Franchise, Grantee shall pay to the City a Franchise Fee of five percent(5%) of Gross Revenues. If any such law,regulation or valid rule alters the five percent(5%) Franchise Fee ceiling enacted by the Cable Act,then the City shall have the authority to (but shall not be required to) increase the Franchise Fee accordingly, provided such increase is for purposes not inconsistent with Applicable Law. In the event Grantee bundles or combines Cable Services (which are subject to the Franchise Fee)with non- Cable Services (which are not subject to the Franchise Fee) so that Subscribers pay a single fee for more than one (1) class of service resulting in a discount on Cable Services, Grantee agrees that for the purpose of calculation of the Franchise Fee, it shall allocate to Cable Service revenue 38 2033396v1 no less than a pro rata share of the revenue received for the bundled or combined services. The pro rata share shall be computed on the basis of the published charge for each service in the bundled or combined classes of services when purchased separately. (a) Franchise Fees shall be paid quarterly not later than forty-five (45) Days following the end of a given quarter. In accordance with Section 16 of this Franchise, Grantee shall file with the City a Franchise Fee payment worksheet, attached as Exhibit C, signed by an authorized representative of Grantee,which identifies Gross Revenues earned by Grantee during the period for which payment is made. No acceptance of any payment shall be construed as an accord that the amount paid is, in fact, the correct amount, nor shall such acceptance of payment be construed as a release of any claim which the City may have for further or additional sums payable under the provisions of this section. (b) Neither current nor previously paid Franchise Fees shall be subtracted from the Gross Revenue amount upon which Franchise Fees are calculated and due for any period, unless otherwise required by Applicable Law. (c) Any Franchise Fees owing pursuant to this Franchise which remain unpaid more than forty-five (45) Days after the dates specified herein shall be delinquent and shall thereafter accrue interest at twelve percent(12%)per annum or two percent (2%) above prime lending rate as quoted by the Wall Street Journal,whichever is greater. 16.2 Auditing and Financial Records. Throughout the term of this Franchise, the Grantee agrees that the City, upon reasonable prior written notice of twenty (20) Days to the Grantee, may review such of the Grantee's books and records regarding the operation of the Cable System and the provision of Cable Service in the Franchise Area which are reasonably necessary to monitor and enforce Grantee's compliance with the provisions of this Franchise. Grantee shall provide such requested information as soon as possible and in no event more than thirty(30) Days unless Grantee explains that it is not feasible to meet this timeline and provides a written explanation for the delay and an estimated reasonable date for when such information will be provided. All such documents pertaining to financial matters that may be the subject of an inspection by the City shall be retained by the Grantee for a minimum period of seven (7) years, pursuant to Minnesota Statutes Section 541.05. The Grantee shall not deny the City access to any of the Grantee's records on the basis that the Grantee's records are under the control of any parent corporation, Affiliated entity or a third party. The City may request in writing copies of any such records or books that are reasonably necessary, and the Grantee shall provide such copies within thirty(30) Days of the receipt of such request. One (1) copy of all reports and records required under this or any other section shall be furnished to the City at the sole expense of the Grantee. If the requested books and records are too voluminous, or for security reasons cannot be copied or removed, then the Grantee may request, in writing within ten(10) Days of receipt of such request, that the City inspect them at the Grantee's local offices or at one of Grantee's offices more convenient to City or its duly authorized agent. If any books or records of the Grantee are not kept in such office and not made available in copies to the City upon written request as set forth above, and if the City determines that an examination of such records is necessary for the enforcement of this Franchise, then all reasonable travel expenses incurred in making such examination shall be paid by the Grantee. 39 2033396v1 16.3 Review of Record Keeping Methodology. Grantee agrees to meet with representative of the City upon request to review its methodology of record-keeping, financial reporting, computing Franchise Fee obligations, and other procedures the understanding of which the City deems necessary for understanding the meaning of reports and records. 16.4 Audit of Records. The City or its authorized agent may at any time and at the City's own expense conduct an independent audit of the revenues of Grantee in order to verify the accuracy of Franchise Fees paid to the City. Grantee and each parent company of Grantee shall cooperate fully in the conduct of such audit. In the event it is determined through such audit that Grantee has underpaid Franchise Fees in an amount of five percent(5%) or more than was due the City, then Grantee shall reimburse the City for the entire cost of the audit within thirty (30) days of the completion and acceptance of the audit by the City. 16.5 Records to be reviewed. The City agrees to request access to only those books and records, in exercising its rights under this section, which it deems reasonably necessary for the enforcement and administration of the Franchise. 16.6 Indemnification by Grantee. Grantee shall, at its sole expense, fully indemnify, defend and hold harmless the City, and in their capacity as such, the officers and employees thereof, from and against any and all claims, suits, actions, liability and judgments for damage or otherwise except those arising wholly from negligence on the part of the City or its employees; for actual or alleged injury to persons or property, including loss of use of property due to an occurrence, whether or not such property is physically damaged or destroyed, in any way arising out of or through or alleged to arise out of or through the acts or omissions of Grantee or its officers, agents, employees, or contractors or to which Grantee's or its officers, agents, employees or contractors acts or omissions in any way contribute, and whether or not such acts or omissions were authorized or contemplated by this Franchise or Applicable Law; arising out of. or alleged to arise out of any claim for damages for Grantee's invasion of the right of privacy, defamation of any Person, firm or corporation, or the violation of infringement of any copyright, trademark, trade name, service mark or patent, or of any other right of any Person, firm or corporation; arising out of or alleged to arise out of Grantee's failure to comply with the provisions of any Applicable Law. Nothing herein shall be deemed to prevent the City, its officers, or its employees from participating in the defense of any litigation by their own counsel at such parties' expense. Such participation shall not under any circumstances relieve Grantee from its duty of defense against liability or of paying any judgment entered against the City, its officers, or its employees. 16.7 Grantee Insurance. Upon the Effective Date, Grantee shall, at its sole expense take out and maintain during the term of this Franchise public liability insurance with a company licensed to do business in the state of Minnesota with a rating by A.M. Best& Co. of not less than"A-"that shall protect the Grantee, City and its officials, officers, directors, employees and agents from claims which may arise from operations under this Franchise, whether such operations be by the Grantee, its officials, officers, directors, employees and agents or any subcontractors of Grantee. This liability insurance shall include, but shall not be limited to, protection against claims arising from bodily and personal injury and damage to property, resulting from Grantee's vehicles,products and operations. The amount of insurance for single 40 2033396v1 limit coverage applying to bodily and personal injury and property damage shall not be less than Three Million Dollars ($3,000,000). The liability policy shall include: (a) The policy shall provide coverage on an"occurrence"basis. (b) The policy shall cover personal injury as well as bodily injury. (c) The policy shall cover blanket contractual liability subject to the standard universal exclusions of contractual liability included in the carrier's standard endorsement as to bodily injuries,personal injuries and property damage. (d) Broad form property damage liability shall be afforded. (e) City shall be named as an additional insured on the policy. (f) An endorsement shall be provided which states that the coverage is primary insurance with respect to claims arising from Grantee's operations under this Franchise and that no other insurance maintained by the Grantor will be called upon to contribute to a loss under this coverage. (g) Standard form of cross-liability shall be afforded. (h) An endorsement stating that the policy shall not be canceled without thirty (30) Days notice of such cancellation given to City (i) City reserves the right to adjust the insurance limit coverage requirements of this Franchise no more than once every three (3) years. Any such adjustment by City will be no greater than the increase in the State of Minnesota Consumer Price Index(all consumers) for such three (3) year period. (j) Upon the Effective Date, Grantee shall submit to City a certificate documenting the required insurance, as well as any necessary properly executed endorsements. The certificate and documents evidencing insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Grantee 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 endorsements or certificates or other evidence of insurance, or to advise Grantee of any deficiencies in such documents and receipt thereof shall not relieve Grantee from, nor be deemed a waiver of, City's right to enforce the terms of Grantee's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph or to require further documentation reasonably necessary to form an opinion regarding the adequacy of Grantee's insurance coverage. 41 2033396v1 SECTION 17 MISCELLANEOUS PROVISIONS. 17.1 Posting and Publication. Grantee shall assume the cost of posting and publication of this Franchise as such posting and publication is required by law and such is payable upon Grantee's filing of acceptance of this Franchise. 17.2 Guarantee of Performance. Grantee agrees that it enters into this Franchise voluntarily in order to secure and in consideration of the grant from the City of a ten(10) year Franchise. Performance pursuant to the terms and conditions of this Franchise is guaranteed by Grantee. 17.3 Entire Agreement. This Franchise contains the entire agreement between the parties, supersedes all prior agreements or proposals except as specifically set forth herein, and cannot be changed orally but only by an instrument in writing executed by the parties. This Franchise is made pursuant to Minnesota Statutes Chapter 238 and the City Code and is intended to comply with all requirements set forth therein. 17.4 Consent. Wherever the consent or approval of either Grantee or the City is specifically required in this agreement, such consent or approval shall not be unreasonably withheld. 17.5 Prior Franchise Terminated. The cable television franchise as originally granted by Ordinance No. 52-96 is hereby terminated. 17.6 Franchise Acceptance. No later than forty-five (45) Days following City Council approval of this Franchise, Grantee shall execute and return to the City three (3) original franchise agreements. The executed agreements shall be returned to the City accompanied by performance bonds, security funds, and evidence of insurance, all as provided in this Franchise. In the event Grantee fails to accept this Franchise, or fails to provide the required documents, this Franchise shall be null and void. The Grantee agrees that despite the fact that its written acceptance may occur after the Effective Date, the obligations of this Franchise shall become effective on August 1, 2012. 17.7 Amendment of Franchise. Grantee and City may agree, from time to time, to amend this Franchise. Such written amendments may be made subsequent to a review session pursuant to Section 2.6 or at any other time if City and Grantee agree that such an amendment will be in the public interest or if such an amendment is required due to changes in federal, state or local laws; provided, however, nothing herein shall restrict City's exercise of its police powers. 17.8 Notice. Any notification that requires a response or action from a party to this Franchise,within a specific time-frame or would trigger a timeline that would affect one or both parties' rights under this Franchise, shall be made in writing and shall be sufficiently given and served upon the other party by hand delivery, first class mail,registered or certified, return receipt requested,postage prepaid, or by reputable overnight courier service and addressed as follows: 42 2033396v1 To the City: City Manager, City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 To the Grantee: Comcast Regional Vice President of Operations 10 River Park Place St. Paul, MN 55107 Recognizing the widespread usage and acceptance of electronic forms of communication, emails and faxes will be acceptable as formal notification related to the conduct of general business amongst the parties to this contract, including but not limited to programming and price adjustment communications. Such communication should be addressed and directed to the Person of record as specified above. 17.9 Force Majeure. In the event that either party is prevented or delayed in the performance of any of its obligations, under this Franchise by reason of acts of God, floods, fire, hurricanes, tornadoes, earthquakes, or other unavoidable casualties, insurrection,war, riot, vandalism, strikes, delays in receiving permits where it is not the fault of Grantee,public easements, sabotage, acts or omissions of the other party, or any other similar event beyond the reasonable control of that party, it shall have a reasonable time under the circumstances to perform such obligation under this Franchise, or to procure a substitute for such obligation to the reasonable satisfaction of the other party. 17.10 Work of Contractors and Subcontractors. Work by contractors and subcontractors is subject to the same restrictions, limitations and conditions as if the work were performed by Grantee. Grantee shall be responsible for all work performed by its contractors and subcontractors, and others performing work on its behalf as if the work were performed by it and shall ensure that all such work is performed in compliance with this Franchise, the City Code and other Applicable Law, and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is Grantee's responsibility to ensure that contractors, subcontractors or other Persons performing work on Grantee's behalf are familiar with the requirements of this Franchise, the City Code and other Applicable Laws governing the work performed by them. 17.11 Abandonment of System. Grantee may not abandon the System or any portion thereof without having first given three (3)months written notice to City and conforming to the City Code, as well as the state right-of-way rules, Minn. Rules, Chapter 7819. To the extent required by Minn. Stat. §238.084 Subd. 1 (w), Grantee shall compensate City for damages resulting from the abandonment. 17.12 Removal After Abandonment. In the event of Grantee's abandonment of the System, City shall have the right to require Grantee to conform to the City Code, as well as the state right-of-way rules, Minn. Rules, Chapter 7819. If Grantee has failed to commence removal of System, or such part thereof as was designated by City,within thirty(30) Days after written notice of City's demand for removal consistent with City Code and Minn. Rules, Ch. 7819, is given, or if Grantee has failed to complete such removal within twelve (12) months after written notice of City's demand for removal is given City shall have the right to apply funds secured by 43 2033396v1 the performance bond toward removal and/or declare all right, title, and interest to the System to be in City with all rights of ownership including,but not limited to, the right to operate the System or transfer the System to another for operation by it. 17.13 Governing Law. This Franchise shall be deemed to be executed in the State of Minnesota, and shall be governed in all respects, including validity, interpretation and effect, and construed in accordance with, the laws of the State of Minnesota, as applicable to contracts entered into and performed entirely within the State. 17.14 Nonenforcement by City. Grantee shall not be relieved of its obligation to comply with any of the provisions of this Franchise by reason of any failure of the City or to enforce prompt compliance. 17.15 Captions. The paragraph captions and headings in this Franchise are for convenience and reference purposes only and shall not affect in any way the meaning of interpretation of this Franchise. 17.16 Calculation of Time. Where the performance or doing of any act, duty, matter, payment or thing is required hereunder and the period of time or duration for the performance is prescribed and fixed herein, the time shall be computed so as to exclude the first and include the last Day of the prescribed or fixed period or duration of time. When the last Day of the period falls on Saturday, Sunday or a legal holiday, that Day shall be omitted from the computation and the next business Day shall be the last Day of the period. 17.17 Survival of Terms. Upon the termination or forfeiture of the Franchise, Grantee shall no longer have the right to occupy the Streets for the purpose of providing Cable Service. However, Grantee's obligations to the City(other than the obligation to provide service to Subscribers) shall survive according to their terms. 17.18 Competitive Equity If any other Wireline MVPD enters into any agreement with the City to provide multi channel video programming or its equivalent to residents in the City, the City,upon written request of the Grantee, shall permit the Grantee to construct and/or operate its Cable System and provide multi channel video programming or its equivalent to Subscribers in the City under the same agreement as applicable to the new MVPD. Within one hundred twenty(120)Days after the Grantee submits a written request to the City, the Grantee and the City shall enter into an agreement or other appropriate authorization(if necessary) containing the same terms and conditions as are applicable to the new Wireline MVPD. Passed and adopted this 17th day of July, 2012. ATTEST CITY OF EDEN PRAIRIE, MINNESOTA By: By: Its: City Clerk Its: Mayor 44 2033396v1 ACCEPTED: This Franchise is accepted, and we agree to be bound by its terms and conditions. COMCAST OF ARKANSAS /FLORIDA/ LOUISIANA/MINNESOTA/ MISSISSIPPI/TENNESSEE, INC. Date: By: Its: SWORN TO BEFORE ME this day of , 2012. NOTARY PUBLIC 45 2033396v1 Exhibit A Free Cable Service to Public Buildings ANSWER POINT,PUBLIC SAFETY 8080 MITCHELL RD OFC CARNELIAN HOUSE,* 7525 CARNELIAN LN APT CMCL CENTER,EDEN PRAIRIE FAMILY 8950 EDEN PRAIRIE RD CENTER,EDEN PRAIRIE SENIOR 8950 EDEN PRAIRIE RD CITY HALL,EDEN PRAIRIE 8080 MITCHELL RD OFC CITY OF,EDEN PRAIRIE 7801 MITCHELL RD COMMUNITY CENTER,EDEN PRAI 16700 VALLEY VIEW RD DISPATCH,EDEN PRAIRIE 8080 MITCHELL RD APT COPS FIRE STATION,EDEN PRAIRIE 11800 TECHNOLOGY DR POLICE,EDEN PRAIRIE 7900 MITCHELL RD PUBLIC WORKS,EDEN PRAIRIE 7845 MITCHELL RD SOCS CHATHAM WA,Y 6204 CHATHAM WAY LIBRARY,EDEN PRAIRIE 479 PRAIRIE CENTER DR DISTRICT,EDEN PRA SCHOOL 8100 SCHOOL RD APT FIBER ELEM SCHOOL,OAK POINT INTE 13400 STARING LAKE PKWY ELEM,CEDAR RIDGE 8905 BRAXTON DR ELEMENTARY,EDEN L 12000 ANDERSON LAKES PKWY ELEMENTARY,PRAIRIE VIEW 17255 PETERBORG RD HIGH SCHOOL,EDEN PRAIRIE 17185 VALLEY VIEW RD HIGH SCHOOL,FOREST 13708 HOLLY RD IMMERSION,SPANISH 8100 SCHOOL RD MIDDLE SCHOOL,CENTRAL 8025 SCHOOL RD TECH COLLEGE,HENNEPIN 13100 COLLEGEVIEW RD FIRE STATION #1,EDEN PRAIR 14800 SCENIC HEIGHTS RD FIRE STATION #4,EDEN PRAIR 17920 LINWOOD CT A-1 2033396v1 Exhibit B Existing Fiber Return Lines - 41; 6 .i - _ __c am IF ]E �- _ L — IT H_=LL I . .4 %•, _ A 4.6 ti . } • iii• - MEER RO :•— :;:,/:. '--• - ---",. -r•aii.‘it . .,._ ... • 7--I 1 - . .. .I 1 411111..) \---- . .. .ic ti :11.1 .,c,J... ...unt.ir-------% II --.- *.• (. ._ �' '`.„ / • HUB I. .. .• 02 ..', 4, IH:. L. iJ..") . -, 1 . . Ail 4 B-1 2033396v1 Exhibit C Franchise Fee Payment Worksheet TRADE SECRET— CONFIDENTIAL Month/Year Month/Year Month/Year Total A la Carte Video Services Audio Services Basic Cable Service Installation Charge Bulk Revenue Expanded Basic Cable Service Pay Service Pay-per-view Guide Revenue Franchise Fee Revenue Advertising Revenue Home Shopping Revenue Digital Services Inside Wiring Other Revenue Equipment Rental Processing Fees PEG Fee FCC Fees Bad Debt Late Fees REVENUE Fee Calculated Fee Factor: 5% C-1 2033396v1 Cable Franchise Renewal Comcast July - August 2012 Brian Grogan, Esq . Moss & Barnett, P.A. Southwest Suburban Cable Commission's Legal Counsel .00 Moss & Barnett A Professional Association Agenda • History of Process • Key Provisions of New Franchise • Recommendations .❖. 2 Moss & Barnett A Professional Association History of P • 1997 - Existing Cable Franchise and Regulatory Ordinance granted • 2009 - Comcast requested renewal • 2010 - Southwest Cable Commission issued Needs Assessment Report • 2011-2012 - Negotiations with Comcast result in New Franchise • May 30, 2012 - Commission adopts Resolution 2012- 1 recommending adoption of new franchise by each Member City ••••• 3 Moss & Barnett A Professional Association Key of F • 10 year term • Obligations of Regulatory Ordinance merged into new Cable Franchise • 5% franchise fee on Comcast's "gross revenues" — Includes only cable — not telephone or broadband — Stronger definition of "Gross Revenues" ••••• 4 Moss & Barnett A Professional Association Key of F • 3 PEG channels — One channel given back to Comcast — Option for 1 high definition (HD) PEG channel • PEG "transition period" — Studio closes — Comcast runs playback for 12 months • $200,000 upfront PEG capital grant to Commission ••••• 5 Moss & Barnett A Professional Association Key of F • $.60 per sub/month fee paid to Member Cities — Designated for PEG "capital" purchases — Transition period = $. 13 to Comcast — Years 6-10 $.65 paid to Member Cities — Currently Comcast collects $.25 per subscriber/month • all $.25 is currently kept by Comcast to pay for studio • Maintain existing dedicated fiber return lines .❖• 6 Moss & Barnett A Professional Association Key of F • Continue free basic/expanded service — All schools and city buildings — Up to 3 free digital boxes per site • Strong Customer Service Obligations — FCC obligations • Strong enforcement provisions — $100,000 performance bond — $10,000 security fund ❖. . 7 Moss & Barnett A Professional Association Key of F • Right-of-way Management — Comcast held to City Code requirements • Side Letter — Flexibility to use $200,000 PEG Capital Grant for consultants — Calculation of PEG Fee from residential multiple dwelling units Moss & Barnett A Professional Association Recommendations of Commission 1 . Approve the new Cable Franchise — Granting a 10 year nonexclusive franchise to Comcast 2. Repeal the existing Regulatory Ordinance — The provisions of this Regulatory Ordinance are now incorporated into the new Cable Franchise Questions? ••••• 9 Moss & Barnett A Professional Association CITY COUNCIL AGENDA DATE: SECTION: Ordinances & Resolutions July 17, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XI.B. Rick Getschow, City Manager Second Reading of Ordinance Repealing Cable TV Regulatory Ordinance and Second Reading of Ordinance Granting Cable TV Franchise to Comcast Requested Action Move to: • Approve second reading of an ordinance granting a cable television franchise and adopt resolution approving summary ordinance; and • Approve second reading of an ordinance repealing the cable television regulatory ordinance. Synopsis The Southwest Suburban Cable Commission("Commission") consists of the cities of Eden Prairie, Edina, Hopkins, Minnetonka and Richfield, Minnesota("Member Cities"). The Commission administers and enforces the cable franchises on behalf of its Member Cities. On or about January 1, 1997, each of the Member Cities granted a Cable Television Franchise to KBL Cablesystems of the Southwest, Inc ("Existing Franchise"). At that same time the Member Cities each adopted a Cable Television Regulatory Ordinance ("Regulatory Ordinance") to be incorporated into the City Code of each Member City. In 2000, the Commission and Member Cities approved a transfer of the Existing Franchise to Time Warner, Inc. In June of 2005, Time Warner transferred the Existing Franchise to Comcast Communications ("Comcast"). Comcast currently operates the cable systems in each of the Member Cities under authority granted in the Existing Franchise. The initial term of the Existing Franchise ran for fifteen years and was extended by the Member Cities to now expire on July 31, 2012. In 2009 Comcast requested renewal of the Existing Franchise and the Commission has since been engaged in informal renewal negotiations with Comcast in an effort to reach mutually acceptable terms for a new franchise. In response to Comcast's request for franchise renewal, in 2010 the Commission retained an outside consultant to draft a Needs Assessment Report outlining the future cable-related needs and interests of the Member Cities for the next franchise term. The Commission also prepared a draft franchise which incorporated the findings of the Needs Assessment. The draft franchise incorporated most of the key provisions of the Regulatory Ordinance in an effort to consolidate all cable regulations in a single franchise with Comcast. Commission Goals The Commission's primary goals during renewal negotiations were: 1. Incorporate the provisions of the Regulatory Ordinance into a renewed franchise—resulting in one governing document addressing cable regulations in each Member City. 2. Ensure that the provision of each Member City's Code is incorporated into the renewed franchise so that the same right-of-way (ROW)regulations governing all right-of-way users will apply to Comcast. 3. Streamline regulation in the Comcast Franchise—eliminated unnecessary provisions that are no longer applicable to cable providers in today's regulatory environment. 4. Address digital migration of local government and educational channels. 5. Increase the level of capital support for local channels. 6. Maintain the 5% franchise fee as consideration for use of the City's ROW. 7. Eliminate the Comcast public access studio in Eden Prairie due to limited use by residents and cable subscribers and redirect the resources to other local programming options to be determined by the Member Cities. 8. Improve customer service standards applicable to Comcast and enforceable by the Commission and the Member Cities. 9. Renew for a 10 year term. 10. Adopt enforcement procedures and security to ensure compliance. Negotiation Process Throughout 2011 and the first half of 2012 representatives of Comcast and the Commission negotiated the terms of a new model Cable Television Franchise Ordinance ("Model Franchise"). The Model Franchise combines into a single document the provisions of the Existing Franchise and the Regulatory Ordinance. The Model Franchise is the result of extensive negotiations between the Commission and Comcast and, as is the case of many negotiations, certain concessions were made by both Comcast and the Commission in an effort to reach mutually acceptable language for a ten year franchise. On May 30, 2012, the Commission adopted Resolution 2012-1 (attached hereto)recommending that the Model Franchise be adopted by each Member City. All five Member Cities are taking action on the Model Franchise simultaneously. Any proposed revisions from one of the Member Cities may require the Commission to seek agreement not only from Comcast but also from the other four Member Cities which may have already taken action to adopt the Model Franchise. This point is raised not to suggest that further revisions are impossible, but to emphasize the complexity of the approval process and the steps which must be undertaken to complete the approval process prior to the expiration of the existing extension resolutions - July 31, 2012. Final Results of Franchise Negotiations 1997 2012 5%Franchise fee Same 5% fee "Gross Revenue" definition Stronger definition No PEG capital support fee Comcast studio closed Comcast run studio $.60 - $.65 /sub/mo PEG Fee paid to City - $.25/sub/mo paid to Comcast to support studio 15 year term 10 year term 4 PEG channels 3 PEG channels Digital migration addressed Option for 1 high definition channel Complementary drops at public buildings Same +up to 3 digital boxes per site Maintain fiber return feeds Obligation completed,will be maintained Performance bond $100,000 per City Security fund $10,000 per City—upon notice of violation Reporting/compliance Obligations from Regulatory Ordinance merged into franchise and strengthened ROW management Operator held to City Code provisions Side Letter During renewal negotiations Comcast asked to pull two commitments out of the Model Franchise and place them in a side letter(see attached). This side letter has been included in this packet of documents for the City's review and consideration. If acceptable as drafted, Comcast will execute and forward a copy of the side letter to the Commission at the time of acceptance. Attachments • Cable Commission Resolution Recommending Franchise • Side Letter from Comcast • Annual Franchise and PEG Chart • Twin Cities Cable PEG Fee Comparison Chart • Ordinance Repealing Cable TV Regulatory Ordinance • Ordinance Granting Franchise • SWCC PowerPoint Presentation CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 26-2012 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 26-2012 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 17th day of July 2012. NOW THEREFORE, BE IT RE SOLVED BY THE CITY COUNCI L OF TH E CITY OF EDEN PRAIRIE, TH AT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. 26-2012 is lengthy and/or contains charts. B. The text of the summary of Ordinance No. 26-2012, attached hereto, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance No.26-2012 shall be recorded in the Ordinance Book, along with proof of publication, within twenty(20) days after said publication. ADOPTED by the City Council on July 17, 2012. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. AN ORDINANCE GRANTING A FRANCHISE TO COMCAST OF ARKANSAS /FLORIDA /LOUISIANA/MINNESOTA/MISSISSIPPI/TENNESSEE, INC. ("GRANTEE" OR "COMCAST") TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE SYSTEM IN THE CITY OF EDEN PRAIRIE, MINNESOTA SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM AND THE PUBLIC RIGHTS-OF-WAY; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREIN. On July 17, 2012, the City of Eden Prairie, Minnesota("City") adopted an Ordinance granting a Cable Television Franchise to Comcast. The Ordinance serves two purposes. First, it is intended to provide for and specify the means to attain the best possible cable service for the public by providing requirements for cable with respect to technical standards, customer service obligations, and related matters. Second, it grants a non-exclusive cable franchise to Comcast to operate, construct and maintain a cable system within the City and contains specific requirements for Comcast to do so. The Ordinance includes the following: 1) requires Comcast to maintain a 750 MHz capacity cable system; 2) imposes on Comcast a franchise fee of five percent(5%) of Comcast's annual gross revenues; 3) establishes a franchise term of ten(10)years; 4)provides a list of schools and public buildings entitled to receive complimentary cable service; 5)requires Comcast to dedicate channel capacity for public, educational and governmental programming and provides capital support of such channels; 6) mandates customer service standards regarding Comcast's provision of cable services; and 7)requires a performance bond and security fund to enforce Comcast's compliance with the Ordinance. It is hereby determined that publication of this title and summary will clearly inform the public of the intent and effect of Ordinance 27-2012. A copy of the entire Ordinance shall be available at the Eden Prairie City Hall. It is hereby directed that only the above title and summary of Ordinance 27-2012 be published, conforming to Minn. Stat. §331A.01, with the following: Passed by the_Eden Prairie City Council this 17th day of July, 2012. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on July 26, 2012. CITY COUNCIL AGENDA DATE: July 17, 2012 SECTION: Ordinances and Resolutions DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XI.C. Community Development/Planning Claus Rezoning Janet Jeremiah/Regina Rojas Requested Action Move to: • Approve 2nd Reading of the Ordinance for a single family lot from Rural to RI-13.5 on 0.5 acres. Synopsis This is final approval of a rezoning of a single family lot from Rural to R1-13.5 located at 12491 Sunnybrook Road. Attachments 1. Ordinance 2. Summary Ordinance CLAUS REZONING CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2012 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 11 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the R1-13.5 District. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the R1-13.5 District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivisionl, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 17th day of July, 2012, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 17th day of July, 2012. ATTEST: Kathleen Porta, City Cleric Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on July 26, 2012. EXHIBIT A - Claus Rezoning Legal Description: E 124 9/10 FT OF THAT PART OF TRACT I LYING N OF S 476 75/100 FT, Registered Land Survey Number 0751, Hennepin County, Minnesota CLAUS REZONING CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at 12491 Sunnybrook Road, from Rural to R1-13.5 Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2012. (A full copy of the text of this Ordinance is available from City Clerk.) CITY COUNCIL AGENDA DATE: SECTION: Appointments July 17, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIII.A. Rick Getschow, City Manager Appointment to the Southwest Light Rail Community Advisory Committee Requested Action Move to: Appoint Stacy Bettison as the primary Conservation Commission representative for the City of Eden Prairie on the Southwest Light Rail Community Advisory Committee. Synopsis Anthony Pini currently serves as the primary Conservation Commission representative for the City on the Southwest Light Rail Community Advisory Committee. Anthony Pini is taking a yearlong temporary work assignment in Texas. Because of the yearlong absence, the City is seeking a replacement for him on the SWLRT-CAC. Laura Jester and Sue Brown were given the opportunity to serve as a primary representative for the Conservation Commission. Laura serves as the alternate representative for the Conservation Commission. Sue serves as an alternate representative for the City at large. Both preferred to stay as alternates, so the primary spot opportunity was opened up to the other Conservation Commission members. Stacy Bettison volunteered to serve as the primary representative for the Conservation Commission. CITY COUNCIL AGENDA DATE: SECTION: Report of the Director of Public Works July 17, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.E.1. Robert Ellis Policy on Use of In-Street Yield to Pedestrian Public Works Director Signs Requested Action Move to: Approve policy on the use of in-street yield to pedestrian signs. Synopsis In an effort to enhance pedestrian safety at crosswalks, City staff has developed a policy on the use and placement of in-street yield to pedestrian signs. This policy shall serve as guidance for appropriately deploying these signs in the roadway and will assist in the prioritization of locations. It should be noted that this policy calls for the signs to be temporarily installed at each location and then rotating them to other crosswalks. Using these signs in a temporary manner will help draw more attention to crosswalks, and should work to combat complacency on the part of drivers. Attachments • Policy Draft Eden Prairie Policy Statement In Street Pedestrian Crossing Signs Policy Statement The purpose of this policy is to allow the usage and give guidance for the temporary installation of In-Street Pedestrian Crossing signs (R1-6a and R1-6b). It is the intention of this policy that the signs will be used to educate and inform the public of the State Law requiring vehicles to stop and yield the right-of-way to pedestrians in marked or unmarked crosswalks. As such, the signs will be installed on a temporary basis for a period of two to four weeks. The installation of a sign will be partnered with enforcement, both during and after sign installation, to assist in the educational effort. At this time,permanent or semi-permanent usage of this sign will not be considered. Sign installations will be in accordance with the Minnesota Manual on Uniform Traffic Control Devices (MN MUTCD) and based on the implementation procedure outlined below. Background Each year, both the Police Department and Engineering Division receive a number of complaints regarding the failure of vehicles to yield the right-of-way to pedestrians. In- street pedestrian crossing signs can be employed to help raise awareness of this issue and work towards changing negative driver behaviors. Implementation Procedures The City Engineer, or assigned designees, will be responsible for determining the locations and duration of each installation. Signs will be installed on a temporary basis for a period of two to four weeks. Sign locations will be prioritized based on the following and may include either marked or unmarked crossings: 1) Volume of vehicular traffic on roadway 2) Amount of pedestrian activity at crossing 3) School crosswalk 4) Proximity to pedestrian generators 5) History of complaints 6) Crosswalk sight distances or alignment Draft 7) History of accidents 8) Speed of conflicting traffic 9) Marked crosswalks as opposed to unmarked 10)Engineering judgment In addition the following guidelines shall be followed: 1) The provisions of the latest edition of the Minnesota Manual on Uniform Traffic Control Devices (MN MUTCD) shall be followed. 2) Signs shall not be used at intersections whose approaches are controlled by traffic signals and are not intended for use at intersection approaches controlled by stop signs. 3) Signs should only be installed on roadways with posted speed limits of 35 mph or less. 4) Signs should not be used in the winter as they would be damaged by snow plowing activities.