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City Council - 10/16/2012
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, OCTOBER 16, 2012 CITY CENTER 5:00—6:25 PM, HERITAGE ROOMS 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Lorene McWaters Workshop-Heritage Room II I. CITY-OWNED AND HISTORIC PROPERTY INVENTORY Open Podium - Council Chamber II. OPEN PODIUM A. JOHN MALLO—REP. STENSRUD'S SENIOR EXPO III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, OCTOBER 16, 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. COMMUNITY MURAL B. TWIN CITIES OBESITY PREVENTION COALITION WINDOW CLINGS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 2, 2012 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 2, 2012 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION DECLARING PROPERTY AS ABANDONED PROPERTY C. ADOPT RESOLUTION APPROVING EMPLOYEE INTERCHANGE AGREEMENT WITH METROPOLITAN COUNCIL FOR SOUTHWEST LIGHT RAIL TRANSIT PROJECT D. ADOPT RESOLUTION ENDORSING FUNDING APPLICATION FOR MITCHELL ROAD/BAKER ROAD (CSAH 60) SIDEWALK IMPROVEMENT CITY COUNCIL AGENDA October 16, 2012 Page 2 E. APPROVE PURCHASE OF GE-IFIX SOFTWARE UPGRADE FOR WATER TREATMENT PLANT CONTROLS SYSTEM F. APPROVE REHABILITATION DEFERRED GRANT PROGRAM AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND PROP G. APPROVE REHABILITATION DEFERRED GRANT PROGRAM AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND THE PROP SHOP H. SET PUBLIC HEARING FOR TUESDAY, DECEMBER 4, 2012,REGARDING MODIFICATION OF TIF DISTRICT 12 IX . PUBLIC HEARINGS/MEETINGS A. RESOLUTION APPROVING SPECIAL ASSESSMENTS PRESENTED IN THE FALL OF 2012 B. HOME DEPOT GARDEN CENTER EXPANSION/TRUCK RENTAL by Greenberg Farrow. Request for: Planned Unit Development Concept Amendment on 13.16 acres, Planned Unit Development District Review with waivers on 13.16 acres, Zoning District Amendment within the Commercial-Regional-Service Zoning District and Site Plan Review on 13.16 acres. Location: 13100 Valley View Road. (Resolution for PUD Concept Review) C. MAC DEVELOPMENT SITES by Metropolitan Airports Commission. Request for: text amendment to Chapter 3 of the City's Comprehensive Guide Plan which will identify Airport Commercial and Airport Office zoning for the proposed parcels which are currently guided Airport, text amendment to Chapter 5 of the City's Comprehensive Guide Plan relating to safety zones, text amendment to Chapter 11 of the City Code to create the Airport Office and Airport Commercial Zoning Districts. Location: Flying Cloud Airport. (Resolution for Guide Plan Change) D. BELLERIEVE by Mike Gressor. Request for: Zoning District Change from Rural to R1-13.5 on 23 acres, Preliminary Plat of 23 acres into ten lots. Location: 10701 Riverview Road. (Resolution for Preliminary Plat) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. APPROVE FIRST READING OF ORDINANCE AMENDING VARIOUS PORTIONS OF CITY CODE CHAPTER 3 INCLUDING THOSE RELATING TO THE STORM WATER CLASSIFICATION FOR TOWNHOMES XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS CITY COUNCIL AGENDA October 16, 2012 Page 3 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. Resolution Approving Purchase Agreement for Excess Right-of-Way Near Homeward Hills Road and Sunnybrook Road 2. Resolution Receiving Feasibility Report and Setting a Public Hearing for Eden Prairie Road Improvements South of Riley Creek F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: October 16, 2012 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, October 12, 2012 TUESDAY, OCTOBER 16, 2012 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. COLOR GUARD/PLEDGE OF ALLEGIANC 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. COMMUNITY MURAL Artist Emily Taylor will attend the meeting and display the traveling mural. Synopsis: Supporting opportunities and establishing mechanisms to increase public art promotion and opportunities is a key strategy of the City of Eden Prairie's Recreation Services Division. The City of Eden Prairie collaborated with Emily Taylor, an Eden Prairie Art Center instructor/artist to complete an 8ft x 5ft traveling community mural "Heritage in the Prairie"using testimonials from the community to illustrate: respecting the past, embracing the present, and anticipating the future. The mural was unveiled at the Heritage Celebration on Sunday, September 30. The Community Mural will be displayed at various City facilities over the next year. B. TWIN CITIES OBESITY PREVENTION COALITION WINDOW CLINGS Jennifer Anderson representing the Twin Cities Obesity Prevention Coalition will present window stickers designed for city buildings and vehicles that promote the City of Eden Prairie as a Healthy Eating and Active Living Community. ANNOTATED AGENDA October 16, 2012 Page 2 Synopsis: On August 21 st, 2012 the City Council approved a resolution declaring Eden Prairie to be a Healthy Eating and Active Living Community. The idea of a healthy eating active living resolution was brought to the City of Eden Prairie by the Twin Cities Obesity Prevention Coalition (TCOPC), a community based coalition of organizations,physicians and individuals committed to improving public health by advocating for healthy eating active living strategies in metro area communities. The TCOPC is a project of the Twin Cities Medical Society and funded by Blue Cross and Blue Shield of Minnesota (Blue Cross) as part of its efforts to tackle preventable disease and illness caused by unhealthy eating, physical inactivity and tobacco use. The Twin Cities Obesity Prevention Coalition encourages cities and local park and recreation agencies to take a leadership role in their community in the fight against the nation's health and obesity epidemic. Cities and Parks and Recreation Departments play a dynamic and unique role in fostering livable communities and improving the healthy lifestyle behaviors of all citizens. The access, opportunity, affordability, and inclusive nature of parks and recreation are critical to reversing the obesity trend by engaging the public in active recreational pursuits and by enlisting new stakeholders in support of public parks and recreation. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 2, 2012 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 2, 2012 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-I on the Consent Calendar. A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION DECLARING PROPERTY AS ABANDONED PROPERTY C. ADOPT RESOLUTION APPROVING EMPLOYEE INTERCHANGE AGREEMENT WITH METROPOLITAN COUNCIL FOR SOUTHWEST LIGHT RAIL TRANSIT PROJECT ANNOTATED AGENDA October 16, 2012 Page 3 D. ADOPT RESOLUTION ENDORSING FUNDING APPLICATION FOR MITCHELL ROAD/BAKER ROAD (CSAH 60) SIDEWALK IMPROVEMENT E. APPROVE PURCHASE OF GE-IFIX SOFTWARE UPGRADE FOR WATER TREATMENT PLANT CONTROLS SYSTEM F. APPROVE REHABILITATION DEFERRED GRANT PROGRAM AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND PROP G. APPROVE REHABILITATION DEFERRED GRANT PROGRAM AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND THE PROP SHOP H. SET PUBLIC HEARING FOR TUESDAY, DECEMBER 4, 2012,REGARDING MODIFICATION OF TIF DISTRICT 12 IX. PUBLIC HEARINGS/MEETINGS A. RESOLUTION APPROVING SPECIAL ASSESSMENTS PRESENTED IN THE FALL OF 2012 Official notice of this public hearing was published in the September 27, 2012, Eden Prairie News and sent to 27 property owners. Synopsis: Each year, the City Council holds a public hearing to consider levying the Special Assessments that have been identified over the previous 12 months. This year, the Council will address a list of projects and supplemental assessments such as trunk assessments and contracted removal assessments. City Council established the amount to be assessed for this fall's assessment hearing at its regular meeting on September 18, 2012. The total amount proposed to be assessed in 2012 is $570,891.88. Staff recommends Council approve the list of supplemental assessments. MOTION: Move to: • Close the public hearing; and • Adopt the resolution approving all Special Assessments presented in the fall of 2012. B. HOME DEPOT GARDEN CENTER EXPANSION/TRUCK RENTAL by Greenberg Farrow. Request for: Planned Unit Development Concept Amendment on 13.16 acres, Planned Unit Development District Review with waivers on 13.16 acres, Zoning District Amendment within the Commercial-Regional-Service Zoning District and Site Plan Review on 13.16 acres. Location: 13100 Valley View Road. (Resolution for PUD Concept Review) Official notice of this public hearing was published in the October 4, 2012,Eden Prairie News and sent to 86 property owners. ANNOTATED AGENDA October 16, 2012 Page 4 Synopsis: Home Depot wants to expand the existing garden center by 7,365 sf and add a truck rental area for 6-8 vehicles. This requires a waiver for outdoor display from 6%to 25.57%. Permanent outdoor display is required to be screened. The existing fence will be extended around the proposed expansion to the outdoor garden area. Existing landscaping along Valley View Road will screen the truck rental area. The approved 1998 plan included a 17,910 sq. ft. outdoor garden center which required a PUD waiver for permanent outside display from 6%to 16%. The 120-Day Review Period Expires on January 14, 2013. The Planning Commission voted 5-0 to recommend approval of the project at the October 8, 2012 meeting. MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 13.16 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment in the C-Reg-Sery Zoning District on 13.16 acres; 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 Home Depot Garden Center Expansion/Truck Rental project subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated October 16, 2012, as approved by the City Council. C. MAC DEVELOPMENT SITES by Metropolitan Airports Commission. Request for: text amendment to Chapter 3 of the City's Comprehensive Guide Plan which will identify Airport Commercial and Airport Office zoning for the proposed parcels which are currently guided Airport, text amendment to Chapter 5 of the City's Comprehensive Guide Plan relating to safety zones, text amendment to Chapter 11 of the City Code to create the Airport Office and Airport Commercial Zoning Districts. Location: Flying Cloud Airport. (Resolution for Guide Plan Change) Official notice of this public hearing was published in the October 4, 2012,Eden Prairie News and sent to 676 property owners. Synopsis: The Metropolitan Airport Commission has identified 6 Development Parcels at Flying Cloud Airport for potential future development for Airport Office or Airport Commercial uses. In order for this to happened there is a three part process of public hearings: ANNOTATED AGENDA October 16, 2012 Page 5 1. Guide plan text amendment to chapter 3 and 5 of the guide plan; and chapter 11 text amendment 2. Rezoning of the 6 development parcels. 3. Site Plan Review of the 6 development parcels The Planning Commission voted 8-0 to recommend approval of a text amendment to Chapter 3 of the City's Comprehensive Guide Plan which will identify Airport Commercial and Airport Office zoning for the proposed parcels which are currently guided Airport, a text amendment to Chapter 5 of the City's Comprehensive Guide Plan relating to safety zones, and a text amendment to Chapter 11 of the City Code to create the Airport Office and Airport Commercial Zoning Districts, at the September 24, 2012 meeting. MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution for Guide Plan text amendment to Chapter 3 of the City's Comprehensive Guide Plan which will identify Airport Commercial and Airport Office zoning for the proposed parcels which are currently guided Airport, and a text amendment to Chapter 5 of the City's Comprehensive Guide Plan relating to safety zones; and • Approve 1st Reading of the Ordinance for a text amendment to Chapter 11 of the City Code to create the Airport Office and Airport Commercial Zoning Districts. D. BELLERIEVE by Mike Gressor. Request for: Zoning District Change from Rural to R1-13.5 on 23 acres, Preliminary Plat of 23 acres into ten lots. Location: 10701 Riverview Road. (Resolution for Preliminary Plat) Official notice of this public hearing was published in the October 4, 2012,Eden Prairie News and sent to 66 property owners. Synopsis: This is a 10 lot single family subdivision that conforms to R1-13.5 requirements. The 120-Day Review Period Expires on December 1, 2012. The Planning Commission voted 8-0 to recommend approval of the project with a condition that the staff and project proponent have discussion and reach an agreement on the width of outlot dedication for the trail at the September 24, 2012, meeting. The applicant and Park and Recreation staff met onsite to discuss the size of the outlots and potential trail location. At this time a final agreement has not been reached. ANNOTATED AGENDA October 16, 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 23 acres; and • Adopt the Resolution for Preliminary Plat on 23 acres into 10 lots; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. X. PAYMENT OF CLAIMS MOTION: Move approval of the Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS A. APPROVE FIRST READING OF ORDINANCE AMENDING VARIOUS PORTIONS OF CITY CODE CHAPTER 3 INCLUDING THOSE RELATING TO STORM WATER CLASSIFICATION FOR TOWNHOMES Synopsis: The Ordinance was updated for the change to the storm water classification for townhomes. Other changes were made so the ordinance is consistent with City procedures and to provide clarification. The most significant changes are: • adjusting storm water classification and billing, moves townhome classification from Apartment classification to Single Family classification, change from a per acreage charge to a flat fee • revising meter accuracy look back to six years, consistent with State Statute • revising the procedure used to assess unpaid utility charges, remove specific dates which are given to the City from the County annually • revising the billing process for municipal utilities, references monthly and quarterly billing • deleting the subdivision on unmetered service, the City does not have unmetered service • deleting the Industrial Users Strength Charge, the Met Council now collects this charge directly, • incorporating, by reference, City Code Chapter 1 and City Code Section 3.99, which contain provisions relating to penalties. • removing years from statutory references, • replacing the term Cable TV with the term Cable System, • adding a subdivision number to the water and sewer connection certification provisions, • removing Deputy from the reference to the City Clerk ANNOTATED AGENDA October 16, 2012 Page 7 MOTION: Move to approve first reading of the Ordinance amending various portions of City Code Chapter 3 entitled "Municipal and Public Utilities-Rules and Regulations, Rates, Charges and Collections", City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 3.99 entitled "Violation a Misdemeanor" XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Resolution Approving Purchase Agreement for Excess Right-of-Way Near Homeward Hills Road and Sunnybrook Road Synopsis: On August 13, the Planning Commission found the sale of this parcel to be in compliance with our Comprehensive Guide Plan. This item now comes before the City Council in the form of a Purchase Agreement with the highest bidder. The property sale was advertised in the Eden Prairie News with a minimum asking price of$13,000. Over the past several months, the City has been interested in seeing improvements made to the southwest quadrant of Homeward Hills Road and Sunnybrook Road. Currently, there are two properties located in this corner. One is a privately owned lot which is zoned rural and is occupied by an aging non-conforming use structure that functions as a rental unit. The other property is owned by the City and is a remnant of land acquired for the construction of Homeward Hills Road. Because the road and trail system have been completed, this remnant no longer has a useful public purpose. In an effort to address the visual appearance of the corner and to dispose of the unneeded property, the city pursued the sale of this small segment of land. The portion to be disposed of was approximately 30' wide by 314' long. The adjacent property owner had expressed an interest in acquiring the land for purposes of rezoning his rural lot to R1-13.5, subdividing into two conforming residential lots, and demolishing the existing non- conforming use structure. ANNOTATED AGENDA October 16, 2012 Page 8 MOTION: Move to adopt a resolution approving purchase agreement for excess right-of-way near Homeward Hills Road and Sunnybrook Road. 2. Resolution Receiving Feasibility Report and Setting a Public Hearing for Eden Prairie Road Improvements South of Riley Creek Synopsis: With the recent development of the Ridge at Riley Creek, the Meadows at Riley Creek, and Eden Prairie Woods, as well as the secondary access afforded by the extension of Prospect Road, there has been renewed interest in seeing Eden Prairie Road reconstructed from Riley Creek to the south. This interest will only intensify due to the development potential of the remaining oversized and undeveloped lots in this section of the city. In order to deliver safe transportation options, as well as adequate water, sewer and drainage service for the this area, Eden Prairie Road must be reconstructed. In preparation for this task, the City prepared a feasibility report to determine the cost of these improvements and their benefactors. Over the course of the next few weeks, staff will be meeting with area property owners to review the feasibility report. On November 20, 2012, we intend to hold a public hearing to allow for public comment on the Feasibility Study, and request the City Council to order the improvements. Pending City Council authorization, we anticipate construction to begin in the summer of 2013. MOTION: Move to adopt Resolution to Receive Feasibility Report and Set a Public Hearing date for Eden Prairie Road Improvements south of Riley Creek. 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. CITY COUNCIL AGENDA DATE: SECTION: Proclamations/Presentations October 16, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.A. Jay Lotthammer Community Mural Parks and Recreation Director Synopsis Supporting opportunities and establishing mechanisms to increase public art promotion and opportunities is a key strategy of the City of Eden Prairie's Recreation Services Division. The City of Eden Prairie collaborated with Emily Taylor, an Eden Prairie Art Center instructor/artist to complete an 8ft x 5ft traveling community mural "Heritage in the Prairie" using testimonials from the community to illustrate: respecting the past, embracing the present, and anticipating the future. The mural was unveiled at the Heritage Celebration on Sunday, September 30. The Community Mural will be displayed at various City facilities over the next year. Background A theme for the mural was established and a sketch proposal was presented to the City of Eden Prairie before painting. The City of Eden Prairie provided the artist access to the Art Center to complete the mural and to undertake any necessary inspections, approvals or repairs. The artist has agreed to allow the City of Eden Prairie limited use reproduction rights for the sole purpose of creating promotional materials within the City of Eden Prairie only. CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations October 16, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.B. Jay Lotthammer Twin Cities Obesity Prevention Coalition Window Parks and Recreation Stickers Synopsis Jennifer Anderson representing the Twin Cities Obesity Prevention Coalition will present window stickers designed for city buildings and vehicles that promote the City of Eden Prairie as a Healthy Eating and Active Living Community. Background On August 21st, 2012 the City Council approved a resolution declaring Eden Prairie to be a Healthy Eating and Active Living Community. The idea of a healthy eating active living resolution was brought to the City of Eden Prairie by the Twin Cities Obesity Prevention Coalition (TCOPC), a community based coalition of organizations, physicians and individuals committed to improving public health by advocating for healthy eating active living strategies in metro area communities. The TCOPC is a project of the Twin Cities Medical Society and funded by Blue Cross and Blue Shield of Minnesota(Blue Cross) as part of its efforts to tackle preventable disease and illness caused by unhealthy eating, physical inactivity and tobacco use. The Twin Cities Obesity Prevention Coalition encourages cities and local park and recreation agencies to take a leadership role in their community in the fight against the nation's health and obesity epidemic. Cities and Parks and Recreation Departments play a dynamic and unique role in fostering livable communities and improving the healthy lifestyle behaviors of all citizens. The access, opportunity, affordability, and inclusive nature of parks and recreation are critical to reversing the obesity trend by engaging the public in active recreational pursuits and by enlisting new stakeholders in support of public parks and recreation. ITEM NO.: VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, OCTOBER 2, 2012 CITY CENTER 5:00—6:25 PM, HERITAGE ROOMS 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Lorene McWaters Workshop -Heritage Room II I. STRATEGIC PLAN FOR HOUSING AND ECONOMIC DEVELOPMENT 2012-2018 Mayor Tyra-Lukens was absent. Acting Mayor Ron Case ran the meeting in her absence. Presentation Community Development Director Janet Jeremiah, Economic Development Manager David Lindahl and Housing & Community Services Manager Molly Koivumaki gave a presentation on the 2012-2018 Strategic Plan for Housing and Economic Development. Jeremiah said the plan is the culmination of a year's work, including three workshops with the City Council. She said the previous strategic plan was adopted by the City Council in 2005 and was updated in 2008 and 2010. The new strategic plan comprises four sections: • Executive Summary • Background—Vision, mission and values • History—Includes a list of project from the 2005 plan and status updates • 2012-2018 Projects— SW LRT projects, economic development projects and housing projects The appendix includes information on funding sources. Jeremiah said the plan is intended to be a"living" document, which will be updated as conditions change over the years. Jeremiah noted that the Southwest LRT has been designated a Federal "We Can't Wait" Priority Project. Lindahl said that he and other City staff have met with 53 businesses that will potentially be impact by LRT to gather their opinions and concerns. Numerous other LRT-related projects are underway or planned for the next few years, including: • Determining location of the Town Center station • Determining location of the Operation and Maintenance Facility • Town Center Storm Analysis • Station area planning • Development of a TOD (Transit Oriented Development) ordinance City Council Workshop Minutes October 2, 2012 Page 2 Lindahl gave an overview of other high priority economic development projects, including: • City Center Lease • Shady Oak Road Bridge Construction • Web-based Business Directory • Realtors' Forum • Open to Business Program • Prairie Center Drive and Singletree Lane Streetscape • MCA Mixed Use Redevelopment • MCA Wayfinding Signage Phase II High priority housing initiatives include: • Extending affordability of existing TIF housing projects • Development of a"green"mid-market neighborhood at Scenic Heights & Eden Prairie Road • Housing Improvement Area(HIA) • Homeowner's Association Improvement Grants (HAIG) • Rehab loans Jeremiah reviewed several items that were changed or required additional discussion as a result the goal setting sessions with the City Council, including: • City entry monument signage program • Commercial services in southwest Eden Prairie • Criteria for Housing Rehab Loans • The "green"mid-market neighborhood at Scenic Heights & Eden Prairie Road Discussion Council Member Kathy Nelson noted that redevelopment of Midwest Asphalt is listed as a low-priority economic development project. She asked if the City should consider proactively looking into any potential brownfield issues at the site. City Attorney Ric Rosow said the City does not have the authority to go onto private property. The amount of clean-up MPCA would require for the site would depend on the new use. Case suggested that the City be as proactive as possible with the site. Jeremiah said staff recommends adoption of an ordinance to zone the Scenic Heights/Eden Prairie Road property to require or incent green, mid-market design. MnDOT has indicated they plan to dispose of the property by the end of this year. Since it is unlikely that the City can get a developer in place by then, Jeremiah said the Council will need to decide whether or not to purchase and hold it until all of the pieces can be put into place. Jeremiah said that at least one Council Member has indicated they do not want the City to purchase the property, even on a short-term basis. Council Member Case said he is okay with purchasing the property in order to be able to incentivize green development. Nelson agreed. She said she does not want to go with something ordinary if it could be something special. Owning the parcel is acceptable as long as there is an end in sight. Council Member Butcher said the idea is similar to the new urbanism the City tried to implement a number of years ago. Aho said he does have an issue with the City owning property. He City Council Workshop Minutes October 2, 2012 Page 3 said the City should not be in the business of development, and he would not support purchasing the site unless a developer is lined up. He also said he talked to a local developer who thought mid-market residential would work on that site, and that it would be a naturally market-driven use. Aho said LEED certification would be nice, but he wondered whether or not it makes sense to try to set an example when the City is already almost completely built out. He also suggested asking MnDOT for more time. Nelson said she is in favor of extending affordability of exiting TIF housing projects if the City receives credit toward its Met Council affordability goals. Koivumaki said she will provide more information on what type of credit the City receives. The Council Members said they would not rule out commercial services in southwest Eden Prairie,but their support would be dependent on the type of service proposed. Koivumaki said staff is seeking approval to expand the housing rehab program. They would like the flexibility of using pooled TIF funds to support the program for residents with income above the 80 percent area median but less than 95 percent of median income. Open Podium - Council Chamber II. OPEN PODIUM A. ISMAEL MUHAMED GARAT—MAYOR OF THE MUNICIPAL COUNCIL OF GARISSA, KENYA Mr. Garat said he is the mayor of the County of Garissa in Kenya. He gave a PowerPoint presentation on the region, including population, development and challenges facing the region. He proposed that Eden Prairie and Garissa become sister cities. III. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, OCTOBER 2, 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 Acting Mayor Case called the meeting to order at 7:00 PM. Mayor Tyra-Lukens was absent. II. COLOR GUARD/PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the agenda as published. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 18, 2012 MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve the minutes of the Council workshop held Tuesday, September 18, 2012 as published. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 18, 2012 MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the minutes of the City Council meeting held Tuesday, September 18, 2012 as published. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS CITY COUNCIL MINUTES October 2, 2012 Page 2 VIII. CONSENT CALENDAR A. ADOPT RESOLUTION NO. 2012-133 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADS FOR BID FOR THE HOMEWARD HILLS ROAD CULVERT REPLACEMENT PROJECT B. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO, INC. FOR THE HOMEWARD HILLS ROAD CULVERT REPLACEMENT PROJECT C. ADOPT RESOLUTION NO. 2012-134 AWARDING CONSTRUCTION CONTRACT FOR NORTHERN SEGMENT OF SHADY OAK RD TO MAX STEININGER,INC. D. APPROVE CHANGE ORDER#1 FOR MITCHELL ROAD IMPROVEMENT PROJECT E. AWARD CONTRACT FOR THE MITCHELL VILLAGE /BOULDER POINTE TOWNHOME ASSOCIATION POND EXPANSION PROJECT TO SUNRAM CONSTRUCTION F. ADOPT RESOLUTION NO. 2012-135 APPROVING APPOINTMENT OF ELECTION JUDGES AND STUDENT ELECTION JUDGES FOR NOVEMBER 6, 2012, GENERAL ELECTION G. AWARD CONTRACT FOR INSTALLATION OF ICE RINK LIGHTING AT ROUND LAKE PARK TO GUNNAR ELECTRIC INC. MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve Items A-G on the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS/MEETINGS X. PAYMENT OF CLAIMS MOTION: Aho moved, seconded by Nelson, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho,Butcher Wickstrom, Nelson and Acting Mayor Case voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS CITY COUNCIL MINUTES October 2, 2012 Page 3 B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Strategic Plan for Housing and Economic Development 2012-2018 Jeremiah said tonight the Council is being asked to approve the Strategic Plan for Housing and Economic Development for 2012-2018. The Strategic Plan identifies progress made since approval of the 2005 Strategic Plan, prioritizes new projects according to importance and timing, and identifies strategies and potential funding source for implementation. She noted the Strategic Plan is intended to be a"living document,"that will be amended and updated as future conditions change. The direction received at tonight's Council workshop will be incorporated into the final version of the Strategic Plan. Jeremiah said the original Strategic Plan was adopted in 2005 and has been amended over the last seven years. In March of 2012 staff began workshops with the Council for a more comprehensive update of the plan for the next seven years. A report on the new Strategic Plan will be available on the City website. She noted one of the major changes to the plan is a change in focus from the Major Center Area(MCA)to Light Rail Transit(LRT). She gave a PowerPoint presentation with a status update of the projects included in the 2005 Strategic Plan and a review of the projects included in the 2012-2018 Strategic Plan. She noted many of the new projects are related to the LRT line. Jeremiah reviewed the housing projects included in the Strategic Plan. She noted we need to extend the eligibility for some of our affordable housing projects. Housing projects include the development of a green, mid-market single-family neighborhood and increased homeownership and housing rehabilitation opportunities. Case noted the report shows Eden Prairie has retained a strong commercial and residential market in the midst of the recession. He asked when the report will be available online. Jeremiah said staff was awaiting approval of the plan, but it will be online by tomorrow. Case noted the LRT project received a boost today. Jeremiah said the LRT line has been designated as a Federal "We Can't Wait" project, which means it will receive priority from the Federal government for the approvals needed to get the project underway as quickly as possible. Case noted the LRT project is a very big deal for Eden Prairie. Getschow said the Strategic Plan document is very readable and gives a good flavor for what is happening in the City. It will give people a good idea of where the City is heading over the next few years. He noted this type of plan is not something that every city does, but staff felt it was worth the time and CITY COUNCIL MINUTES October 2, 2012 Page 4 energy required to develop the plan. MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve the Strategic Plan for Housing and Economic Development 2012-2018 including any amendments per City Council direction. Motion carried 4-0. D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Application to the Hennepin Youth Sports Program for the Miller Park Improvement Project(Resolution No. 2012-136) 2. Application to the Hennepin Youth Sports Program for the Franlo Park Ball Field Improvement Project(Resolution No. 2012-137) 3. Application to the Hennepin Youth Sports Program for the Staring Lake Park Ball Field Improvement Project(Resolution No. 2012-138) Lotthammer said the three applications for grants to the Hennepin Youth Sports Program on tonight's agenda are for improvement projects for the ball fields at Miller Park, Franlo Park, and Staring Lake Park. He noted the grants would cover 50% of the cost for the improvements, and the rest would come from the Baseball Association. He said the City would provide assistance with the grant requests and construction management if the grants are received. MOTION: Aho moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2012-136 authorizing staff to submit a grant request to the Hennepin Youth Sports Grant Program for Miller Park ball field improvements. Motion carried 4-0. MOTION: Butcher Wickstrom moved, seconded by Nelson, to adopt Resolution No. 2012-137 authorizing staff to submit a grant request to the Hennepin Youth Sports Grant Program for Franlo Park ball field improvements. Motion carried 4-0. MOTION: Nelson moved, seconded by Aho, to adopt Resolution No. 2012- 138 authorizing staff to submit a grant request to the Hennepin Youth Sports Grant Program for Staring Lake Park ball field improvements. Motion carried 4-0. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY CITY COUNCIL MINUTES October 2, 2012 Page 5 XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Nelson moved, seconded by Butcher Wickstrom, to adjourn the City Council meeting. Motion carried 4-0.Acting Mayor Case adjourned the meeting at 7:26 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 16, 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 Amendment to Liquor License 2AM Closing Permit- Renewal Champps Operating Corporation DBA: Champps Americana 8080 Glen Lane - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 16, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. 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. Attachment 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 RESOLVED that the City of Eden Prairie declares the unclaimed property as "abandoned property." ADOPTED by the City Council on October 16, 2012. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk voIIcE ExhibitA EDEN Abandoned Property for Auction `PRAIRIE Case Number Description Serial Number 2009-00035326 Vacuum Heat Sealer Food Saver wFreezer Bags 2010-00008569 (1)Glass Case wPair of Ray-Ban Sunglasses 2010-00008569 (1) Pair of Millennia Sunglasses 2009-00036883 (1) Professional Poker Master Set in Case 2012-00017943 Magna Tamer Purple Mtn 6 Spd Girls 20" Bike- No unique identifiers 037D7009922 2012-00018685 Schwinn Ranger 2.6 GreenSilver Ladies 21 Spd Bicycle CSC2H85695 2012-00018886 Mongoose Crush BlkBlue Boy's BMX Bicycle-SNACB10B04546 SNACB10B04546 2012-00019606 (1) Red Pocket Knife 2012-00019606 (12) Pendants(misc shapes) &(2) Necklaces (silver colored) 2012-00019606 (13) Bracelets- Misc ColorStyles 2012-00019606 (16)Jewelry Cases,Varying SizesShapes 2012-00019606 (19) Button Covers 2012-00019606 (6)Women's Wristwatches 2012-00019606 Approx(83) Earrings, Misc StyleColors 2012-00019606 Gold Colored Cross Pendant 2012-00019987 Trek Mtn Track 830 GrnBlk Mens 21 spd BT0415 2012-00020420 Malibu Topaz-SilverPurple Girls SP18-Ser#59422198 59422198 2012-00020755 Cannondale BlackRed Mens 18 sp- Unk Model 20031788021 2012-00021403 Chaos Trick Boys Bike, Black wWhite Skulls H8090812052 2012-00022107 Mirro Craft Aluminum Canoe Model#F-3687. Troop 537 in Black Lettering on Both Sides- DNR Stickers for 1974-1979 2012-00022565 Red Nike Sweatshirt, BlackWhite Underarmour Gloves, & Blue Feather- Lite Folding Chair in Bag 2012 00028057 Schwinn LeTour Luxe Blue Men's 12 speed-White Friction Tape on H303501 Handlebars 2012-00028206 (1)Greatland Outdoors Lawn Chair in Blue Bag-Captain's(large) 2012-00028206 (1)Greatland Outdoors Lawn Chair in Blue Bag-Comfort Quad (small) 2012-00028714 Coach WristletPurse,Tan in Color 2012-00028714 Silver Chain wSilver Butterfly Pendant wClear Stones 2012-00031218 Latitude Jazz Red Boys 10sp Bicycle J108002708 2012-00031616 Tory Burch Wallet, Black 07/10/2012-10/02/2012 Page 1 of 1 FIRE ,�EDEN. Property for Conversion Exhibit B 'PRAIRIE Case Number Property Description 2010-00055433 AccuBank Money Counter 2008-00044119 (1) Screwdriver 2009-00014459 Screwdriver 2009-00014459 Wrench 2009-00036883 (1) Stainless Steel Head Hammer wYellow Neck, Black Rubber Handle 2009-00053281 $360 in Cash 2009-00053281 (1) Fuzion Diablo Digital Scale 2009-00058278 (1) Leatherman (Tool) 2009-00058278 (1) Wire Cutter wBlue Handle 2012-00027735 $7 Cash 2012-00031616 $2 Cash 07/10/2012- 10/02/2012 Page 1 of 1 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 16, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 11-5801 ITEM NO.: VIII.C. Robert Ellis Adopt Resolution Approving Employee Interchange Agreement with Public Works Director Metropolitan Council for the Southwest Light Rail Transit Project Requested Action Move to: Adopt Resolution Approving Employee Interchange Agreement with Metropolitan Council for the Southwest Light Rail Transit Project. Synopsis This Agreement provides the terms and conditions and permits Randy Newton, the City's Assistant City Engineer, to serve in a temporary full-time role in the Southwest Light Rail Transit(LRT) Project Office through the Preliminary Engineering Phase of the project. Background Information Earlier this year, the Southwest LRT Project Office reached out to the Public Works Department in an effort to have our Assistant City Engineer, Randy Newton, play a larger role in the design of the Southwest LRT line. After a number of discussions, City staff and the Metropolitan Council developed the Employee Interchange Agreement which provides the terms and conditions for him to serve in a full-time position at the Southwest LRT Project Office through the Preliminary Engineering Phase of the project. In this role, Randy will be the Traffic Design Lead for a two year period beginning January 2013 and ending December 2014. During this time Randy will remain an employee of the City and the City will be reimbursed by the Southwest LRT project for his full employee costs. This agreement provides the City with a unique opportunity to maintain a full-time presence in the Southwest Project Office while providing Randy with the opportunity to play a significant role in the advancement of the Southwest LRT project. After the project is completed, it will also be beneficial to have Randy's firsthand knowledge of the Southwest LRT system here within our Public Works Department. With approval of this agreement the Engineering Division will begin the process of hiring a full- time Engineer to maintain current service levels. Financial Implications Since the City will be fully reimbursed for Randy's employee costs no net increase in personnel costs is expected as a result of this agreement. Attachments • Resolution • Employee Interchange Agreement CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012- APPROVE EMPLOYEE INTERCHANGE WITH METROPOLITAN COUNCIL FOR THE SOUTHWEST LIGHT RAIL TRANSIT PROJECT I.C. 11-5801 WHEREAS, the Metropolitan Council is developing a Light Rail Transit("LRT") system within the Minneapolis-Saint Paul metropolitan area which includes the Southwest LRT line serving the communities of Minneapolis, St. Louis Park, Hopkins, Minnetonka and Eden Prairie; and WHEREAS, CITY employee John Randall Newton (Newton) has expertise and knowledge which the Metropolitan Council believes will be useful to the Metropolitan Council for the purposes of providing services as a Traffic Design Lead in connection with the Metropolitan Council's Southwest LRT Project; and WHEREAS, subject to the terms and conditions in this Agreement, CITY employee Newton is willing to provide services as a Traffic Design Lead for the Metropolitan Council for the Metropolitan Council's Southwest LRT Project; and WHEREAS, an Employee Interchange Agreement has been prepared by Metropolitan Council which identifies the terms and conditions of the employee interchange. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that said Employee Interchange Agreement (Metropolitan Council Contract 12I022) is hereby approved and the Mayor and City Manager are authorized to execute the Agreement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on October 16, 2012. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk EMPLOYEE INTERCHANGE AGREEMENT Southwest Light Rail Transit Project Traffic Design Lead Metropolitan Council Contract 12I022 THIS EMPLOYEE INTERCHANGE AGREEMENT ("Agreement") is between the Metropolitan Council (the "Metropolitan Council"), a public corporation and political subdivision of the State of Minnesota, and the City of Eden Prairie (the "CITY"), a Minnesota municipal corporation. WHEREAS, the Metropolitan Council is developing a Light Rail Transit("LRT") system within the Minneapolis-Saint Paul metropolitan area; and WHEREAS, CITY employee John Randall Newton (Newton) has expertise and knowledge which the Metropolitan Council believes will be useful to the Metropolitan Council for the purposes of providing services as a Traffic Design Lead in connection with the Metropolitan Council's Southwest LRT Project; and WHEREAS, pursuant to Minnesota Statutes sections 15.51 to 15.57 the Metropolitan Council is authorized to contract for the temporary services of interchanged employees and arrange for the method and amount of payment for employees and other terms of their employment subject to the provisions of Minnesota Statutes sections 15.51 to 15.57; and WHEREAS, the Metropolitan Council qualifies as a "receiving agency" and the CITY qualifies as a"sending agency"pursuant to Minnesota Statutes sections 15.51 to 15.57; and WHEREAS, subject to the terms and conditions in this Agreement, CITY employee Newton is willing to provide services as a Traffic Design Lead for the Metropolitan Council for the Metropolitan Council's Southwest LRT Project. NOW THEREFORE, in reliance on the above statements and the mutual promises and covenants contained in this Agreement, the Metropolitan Council and the CITY agree as follows: 1. Employee Interchange. Subject to the terms and conditions of this Agreement, the CITY will permit CITY employee Newton to temporarily work in the Southwest Project Office in St. Louis Park during the period of the project assignment and for the purposes outlined in this Agreement. 2. Period of Assignment. Mr. Newton will be available to the Metropolitan Council to provide services as a Traffic Design Lead for the Southwest LRT Project during the time period from January 1, 2013, through December 31, 2014. 3. Scope of Work and Supervision. Mr. Newton will use his knowledge and previous experience in traffic design to provide services to the Metropolitan Council as a Traffic Design Lead for the Metropolitan Council's Southwest LRT Project. During the Contract 121022 Page 1 of 13 Pages performance of this Agreement, Mr. Newton will work under the general supervision and general direction of the Metropolitan Council's Southwest LRT Engineering Manager, or another person designated in writing by the Metropolitan Council. Correspondence, invoices and expense reimbursement requests will be submitted to the attention of the Metropolitan Council's Southwest LRT Manager, Engineering at the following address: Metropolitan Council Southwest Project Office 6465 Wayzata Boulevard, Suite 500 St. Louis Park, Minnesota 55415 The Metropolitan Council will provide suitable office space and equipment, and clerical and administrative support. During the interchange of personnel, Mr. Newton will be subject to the policies and procedures of the Metropolitan Council as they pertain to day-to-day work rules for Metropolitan Council employees, as well as the policies and procedures of the CITY as they pertain to compensation and benefits. 4. Status of Employee on Assignment. During the performance of this Agreement, Mr. Newton shall remain an employee of the CITY and, except as provided in Paragraph 6 of this Agreement, shall not by virtue of his work under this Agreement be considered an employee of the Metropolitan Council. Nothing in this Agreement shall modify or change Mr. Newton's status as an exempt employee under the federal Fair Labor Standards Act. Nothing in this Agreement, explicit or implicit, shall be construed to be an offer or promise of regular employment for Mr. Newton with the Metropolitan Council. 5. Salary Reimbursement and Employee Benefits. During the term of this Agreement, the Metropolitan Council will reimburse the CITY on an hourly basis for actual hours worked up to a maximum of 40 hours in any week and allowable reimbursable expenses as described in Exhibit A, which is attached to and made a part of this Agreement. Salary and expense reimbursements will be sent to the attention of Accounts Payable, at the following address: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 The CITY will submit monthly written invoices for reimbursement to the Metropolitan Council's Manager, Engineering and the CITY's Director of Public Works. 6. Personal Injury. Should Mr. Newton suffer disability or death as a result of personal injury arising out of and in the course of the exchange, or sustained in the performance of duties in connection with this Agreement, Mr. Newton shall be treated, for the purposes of the Metropolitan Council's employee compensation program, as an employee, as defined in such act, who has sustained such injury in the performance of such duty, but shall not receive benefits under that act for any period for which Mr. Newton elects to receive similar benefits as an employee under the CITY's employee compensation program. During the term of this Agreement, the CITY will continue to make applicable workers' compensation Contract 121022 Page 2 of 13 Pages and reemployment/unemployment coverage payments associated with Mr. Newton's status as a CITY employee to the extent required by Minnesota or other law. 7. Audit Requirements. The CITY and the Metropolitan Council will provide reasonable assistance to the other party if the CITY or the Metropolitan Council determines it necessary to audit any expenditure of funds under this Agreement. The CITY and the Metropolitan Council will retain for six (6) years all books, documents, papers and records which are directly pertinent to this Agreement that are reasonably necessary for the CITY or the Metropolitan Council, and their authorized representatives, to conduct appropriate audits. 8. Confidential and Nonpublic Information. As the Traffic Design Lead, Mr. Newton may have access to documents or information that may be classified as confidential, private, nonpublic or protected nonpublic information under the Minnesota Government Data Practices Act (Minnesota Statutes Chapter 13) or other applicable state or federal law. Mr. Newton will treat and use any confidential, private, nonpublic or protected nonpublic information consistent with the applicable classification under the Minnesota Government Data Practices Act and applicable federal law and will not disclose to any third parties any confidential, private, nonpublic or protected nonpublic information to which he is allowed access. Questions about the confidential or nonpublic nature of any information will be directed to the Metropolitan Council's Engineering Manager. 9. Design Documentation. Traffic design documents and all working papers, notes and records of any kind developed during the SWLRT Project design process shall be and remain the property of the Metropolitan Council or, to the extent any document(s) submitted to the Metropolitan Council by a particular design contractor remains the proprietary property of that particular contractor, shall remain the property of the individual contractor. 10. Conflicts of Interest. The CITY and Mr. Newton each certify to the best of their knowledge, that no Metropolitan Council employee or employee or officer of any agency interested in the Southwest LRT Project has any pecuniary interest in the business of the CITY or any business, if any, of Mr. Newton, or with this Agreement and that no person associated with the CITY or Mr. Newton has any interest that would conflict in any manner or degree with the performance of this Agreement. During the term of this Agreement, Mr. Newton shall avoid all conflicts of interest as defined by the Council's Code of Ethics for employees. 11. FTA Provisions. The Metropolitan Council will use Federal Transit Administration ("FTA") funds to pay for some or all of the expenses incurred under this Agreement. Accordingly, the applicable FTA contract clauses identified in Exhibit B are incorporated into this Agreement and shall apply only to this Agreement and to the tasks performed by Mr. Newton associated with LRT. 12. Amendment and Termination. The terms of this Agreement may be changed or modified by mutual agreement of the Metropolitan Council and the CITY. Amendments, changes or modifications shall be effective only on the execution of written amendment(s) signed by the Metropolitan Council's and the CITY's authorized representatives. Both the Metropolitan Council and the CITY may terminate this Agreement with or without cause Contract 121022 Page 3 of 13 Pages upon thirty (30) business days written notice to the other party. In the event of such termination, the Metropolitan Council shall reimburse the CITY for services performed by Mr. Newton and expenses incurred through the date of termination. IN WITNESS WHEREOF, the CITY and the Metropolitan Council have caused this Agreement to be executed by their duly authorized representatives. This Agreement is effective on the date when this Agreement is fully executed by the Metropolitan Council, the CITY and CITY employee Randy Newton. CITY OF EDEN PRAIRIE METROPOLITAN COUNICL By: By: Nancy Tyra-Lukens Patrick Born Mayor Regional Administrator Date: Date: By: Rick Getschow City Manager Date: I acknowledge this Employee Interchange Agreement and the terms thereof. John Randall Newton, CITY Employee Date: Contract 121022 Page 4 of 13 Pages EXHIBIT A TO CONTRACT CITY FEE SCHEDULE Estimate for the services of Randy Newton Employee Expenses Hourly Rate Estimated Hours Amount 2013 Calendar Year $70.98 1,830 $129,893.40 2014 Calendar Year $74.53 1,830 $136,389.90 Sub-Total $266,283.30 Reimbursables Yearly Estimate Years Amount Training / $2,000 2 $4,000.00 Conferences Mileage / Parking $1,000 2 $2,000.00 Sub-Total $6,000.00 Contingency (10% $27,288.33 All Costs) Total Estimated $299,571.63 Cost Hourly rate for 2013-2014 is estimated and subject to change based on increases authorized by the CITY Manager in the budget approved by the CITY Council, including increases in salary and benefits as they occur including,but not limited to, health, dental, life, long term disability insurance, community center membership, workers' compensation insurance, health reimbursement arrangement (HRA) contributions, and any other contributions relating to health/dental that are granted to all other employees. Reallocation of costs between categories is allowed without an amendment as long as the Maximum Compensation Amount is not exceeded. Contract 121022 Page 5 of 13 Pages EXHIBIT B Standard Federal Transit Administration Clauses The provisions of this Exhibit B are required because this Agreement is funded in whole or in part by the United States Department of Transportation (USDOT), Federal Transit Administration (FTA). The requirements in this Exhibit B are in addition to and, unless inconsistent and irreconcilable, do not supplant requirements found elsewhere in the Agreement. If any requirement of this Exhibit B is inconsistent with a provision found elsewhere in this Agreement and is irreconcilable with such provision, the requirement in this Exhibit B shall prevail. For the purposes of this Agreement, when used in this Exhibit B the term "CONTRACTOR"means either the CITY or Mr. Newton, or both, as indicated by the context of the relevant section. The provisions of this Exhibit B shall apply only to this Agreement and to the tasks performed by Mr. Newton associated with LRT. 1. Fly America Requirements. The CONTRACTOR agrees to comply with 49 U.S.C. 40118 (the "Fly America Act") in accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S. Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The CONTRACTOR shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The CONTRACTOR agrees to include the requirements of this section in all subcontracts that may involve international air transportation. 2. Energy Conservation. The CONTRACTOR agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the federal Energy Policy and Conservation Act. 3. Access to Records and Reports. The CONTRACTOR agrees to provide the COUNCIL, the FTA Administrator, the Comptroller General of the United States, and any of their authorized representatives access to any books, documents, papers and records of the CONTRACTOR which are directly pertinent to this Agreement for the purposes of making audits, examinations, excerpts, and transcriptions. CONTRACTOR also agrees, pursuant to 49 C.F.R. 633.15, to provide the FTA Administrator or the Administrator's authorized representatives, including any project management oversight (PMO) contractor, access to CONTRACTOR's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)(1), which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309, or 5311. The CONTRACTOR agrees to permit any of the foregoing parties to reproduce such documents by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. In addition to any requirements for maintenance of project records and documents in other sections of this Agreement, CONTRACTOR agrees to maintain such records and documents until the Contract 121022 Page 6 of 13 Pages FTA Administrator, the Comptroller General, or any of their duly authorized representatives have disposed of all litigation, appeals, claims or exceptions arising from the performance of this Agreement 4. Federal Changes. The CONTRACTOR shall comply with the required FTA clauses set forth in this Agreement and with all applicable FTA regulations, policies, procedures and directives including, without limitation, those listed directly or by reference in the agreement between the COUNCIL and FTA. The CONTRACTOR's failure to comply with applicable FTA regulations, policies, procedures, and directives, as they may be amended or promulgated from time to time during the term of this Agreement, shall constitute a material breach of this Agreement. 5. Recovered Materials. The CONTRACTOR agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR part 247. 6. No Obligation by the Federal Government. The COUNCIL and CONTRACTOR acknowledge and agree that, notwithstanding any concurrence by the federal government in or approval of the solicitation or award of this Agreement, absent the express written consent by the federal government, the federal government is not a party to this Agreement and shall not be subject to any obligations or liabilities to the COUNCIL, CONTRACTOR, or any other party (whether or not a party to the Agreement) pertaining to any matter resulting from this Agreement. The CONTRACTOR agrees to include the preceding clause in each subcontract under this Agreement, modified only to identify the subcontractor that will be subject to the provisions. 7. Program Fraud and False or Fraudulent Statements or Related Acts. The CONTRACTOR acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. Section 3801 et seq., and USDOT regulations, "Program Fraud Civil Remedies," 49 CFR part 31, apply to its actions pertaining to this Agreement. Upon execution of this Agreement, the CONTRACTOR certifies or affirms the truthfulness and accuracy of any statement is has made, it makes, it may make, or causes to be made, pertaining to the Agreement or the FTA-assisted project for which this Agreement work is being performed. In addition to other penalties that may be applicable, the CONTRACTOR further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the CONTRACTOR to the extent the Federal Government deems appropriate. The CONTRACTOR also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. Chapter 53, the Federal Government reserves the right to impose the penalties of 18 U.S.C. Section 1001 and 49 U.S.C. Section 5307(k)(1) and 49 U.S.C. Section5323(1), or other applicable federal law, on the CONTRACTOR, to the extent the Federal Government deems appropriate. Contract 121022 Page 7 of 13 Pages The CONTRACTOR agrees to include the above language in each subcontract under this Agreement, modified only to identify the subcontractor that will be subject to the provisions. 8. Civil Rights. The following requirements apply to this Agreement: 1. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and federal transit law at 49 U.S.C. § 5332, the CONTRACTOR agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the CONTRACTOR agrees to comply with applicable federal implementing regulations and other implementing requirements FTA may issue. 2. Equal Employment Opportunity. The following equal employment opportunity requirements apply to this Agreement: a. Race, Color, Creed, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and federal transit laws at 49 U.S.C. § 5332, the CONTRACTOR agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 42 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of this Agreement. The CONTRACTOR agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the CONTRACTOR agrees to comply with any implementing requirements FTA may issue. b. Age. In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. §§ 623 and Federal transit law at 49 U.S.C. § 5332, the CONTRACTOR agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the CONTRACTOR agrees to comply with any implementing requirements FTA may issue. c. Disabilities. In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the CONTRACTOR agrees that it will comply with the requirements of U.S. Equal Employment Opportunity commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, Contract 121022 Page 8 of 13 Pages pertaining to employment of persons with disabilities. In addition, the CONTRACTOR agrees to comply with any implementing requirements FTA may issue. 3. Inclusion in Subcontracts. The CONTRACTOR agrees to include the requirements of this Section 15.08 in each subcontract under this Agreement, modified only to identify the subcontractor that will be subject to the provisions. 9. Disadvantaged Business Enterprise ("DBE"). (FTA funding with no DBE Goal) 1. Nondiscrimination. Pursuant to 49 CFR section 26.13, the CONTRACTOR, sub- recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. The CONTRACTOR shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the CONTRACTOR to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy, as the COUNCIL deems appropriate. The CONTRACTOR shall include this requirement in all subcontracts pursuant to this Agreement. 2. Prompt Payment. The CONTRACTOR agrees to pay subcontractors within ten (10) calendar days of the CONTRACTOR's receipt of payment from the COUNCIL for undisputed services provided by the subcontractor. The CONTRACTOR agrees to pay subcontractors all undisputed retainage payments within ten (10) calendar days of the CONTRACTOR's receipt of payment of retainage from the COUNCIL. The CONTRACTOR shall not postpone or delay any undisputed payments owed subcontractors without good cause and without prior written consent of the COUNCIL. The CONTRACTOR agrees to include in all subcontracts a provision requiring the use of appropriate alternative dispute resolution mechanisms to resolve payment disputes. The CONTRACTOR will not be reimbursed for work performed by subcontractors unless and until the CONTRACTOR ensures that subcontractors are promptly paid for work they have performed. Failure to comply with the provisions of this section may result in the COUNCIL finding CONTRACTOR in noncompliance with the DBE provisions of this Agreement. 10. Incorporation of FTA Terms. Specific provisions in this Agreement include, in part, certain standard terms and conditions required by USDOT, whether or not expressly set forth in the Agreement provisions. All contractual provisions required by USDOT, as set forth in 49 CFR section 18.36 and FTA Circular 4220.1F are hereby incorporated by reference. Notwithstanding anything to the contrary in this Agreement, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The CONTRACTOR shall not perform any act, fail to perform any act, or refuse to comply with any COUNCIL requests which would cause the COUNCIL to be in violation of the FTA terms and conditions. 11. Clean Water. The provisions of this Section apply only if the amount of this Agreement (including the value of any amendments thereto) exceeds $100,000. The CONTRACTOR agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. Section 1251 Contract 121022 Page 9 of 13 Pages et seq. The CONTRACTOR agrees to report each violation to the COUNCIL and understands and agrees that the COUNCIL will, in turn, report each violation as required to assure notification to FTA and the appropriate Environmental Protection Agency (EPA) Regional Office. The CONTRACTOR also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 12. Certification of Restrictions on Lobbying; Disclosure. The provisions of this Section apply only if the amount of this Agreement (including the value of any amendments thereto) is equal to, or exceeds $100,000. The CONTRACTOR certifies that no federal appropriated funds have been paid or will be paid by or on behalf of the CONTRACTOR for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. The certification of this compliance ("Lobbying Restriction Certification") submitted by CONTRACTOR in connection with this project is incorporated in, and made a part of, this Agreement. The CONTRACTOR further certifies that, if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee or any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the projects funded by the funds allocated to the CONTRACTOR in this agreement, the CONTRACTOR shall complete and submit to the COUNCIL, Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The CONTRACTOR certifies that it will require the language of this certification be included in the award documents for any subcontracts equal to or in excess of $100,000.00 under this agreement, and that all subcontractors shall certify and disclose accordingly to the CONTRACTOR. All certifications and disclosures shall be forwarded to the COUNCIL by the CONTRACTOR. The certifications referred to in this Section (including the "Lobbying Restriction Certification" submitted by CONTRACTOR in connection with this project and incorporated in, and made a part of, this Agreement) are material representations of fact upon which the COUNCIL relies when this Agreement is made. 13. Clean Air. The provisions of this Section apply only if the amount of this Agreement (including the value of any amendments thereto) exceeds $100,000. The CONTRACTOR agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. section 7401 et seq. The CONTRACTOR agrees to report each violation to the COUNCIL and understands and agrees that the COUNCIL will, in turn, report each violation as required to assure notification to FTA and the appropriate Environmental Protection Agency (EPA) Regional Office. The CONTRACTOR also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. Contract 121022 Page 10 of 13 Pages 14. Integrity Certification. The provisions of this Section apply only if the amount of this contract(including the value of any amendments thereto) exceeds $25,000. By signing this contract, the CONTRACTOR certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this Agreement by any Federal department or agency. This certification is a material representation of fact upon which the COUNCIL relies in entering this Agreement. If it is later determined that the CONTRACTOR knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government , the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. The CONTRACTOR shall provide to the COUNCIL immediate written notice if at any time the CONTRACTOR learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 15. Seismic Safety Requirements. The CONTRACTOR agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR part 41 and will certify compliance to the extent required by the regulation. The CONTRACTOR also agrees to ensure that all Work performed under this agreement including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project. 16. Rights in Data and Patent Rights. The following requirements apply to each contract involving experimental, developmental, or research work: 1. The term "subject data"used in this Agreement means recorded information, whether or not copyrighted, that is delivered or specified to be delivered under the Agreement. The term includes graphic or pictorial delineation in media such as drawings or photographs; text in specifications or related performance or design-type documents; machine forms such as punched cards, magnetic tape, or computer memory printouts; and information retained in computer memory. Examples include, but are not limited to: computer software, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and related information. The term "subject data" does not include financial reports, cost analyses, and similar information incidental to contract administration. 2. The following restrictions apply to all subject data first produced in the performance of the Agreement to which this attachment has been added: a. Except for its own internal use, the CONTRACTOR may not publish or reproduce subject data in whole or in part, or in any manner or form, nor may the CONTRACTOR authorize others to do so, without the written consent of the Federal Government, until such time as the Federal Government may have either released or approved the release of such data to the public; this restriction on publication, however, does not apply to any contract with an academic institution. b. In accordance with 49 CFR section 18.34 and 49 CFR section 19.36, the Federal Government reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for "Federal Government purposes," any subject data or copyright described in subsections (2)(b)1 and (2)(b)2 of this paragraph below. As used in the previous sentence, "for Federal Contract 121022 Page 11 of 13 Pages Government purposes," means use only for the direct purposes of the Federal Government. Without the copyright owner's consent, the Federal Government may not extend its Federal license to any other party. 1. Any subject data developed under that contract, whether or not a copyright has been obtained; and 2. Any rights of copyright purchased by the CONTRACTOR using Federal assistance in whole or in part provided by FTA. c. When FTA awards Federal assistance for experimental, developmental, or research work, it is FTA's general intention to increase transportation knowledge available to the public, rather than to restrict the benefits resulting from the work to participants in that work. Therefore, unless FTA determines otherwise, the CONTRACTOR performing experimental, developmental, or research work required by the underlying contract to which this attachment is added agrees to permit FTA to make available to the public, either FTA's license in the copyright to any subject data developed in the course of that contract, or a copy of the subject data first produced under the contract for which a copyright has not been obtained. If the experimental, developmental, or research work, which is the subject of the underlying contract, is not completed for any reason whatsoever, all data developed under that contract shall become subject data as defined in subsection (a) of this paragraph and shall be delivered as the Federal Government may direct. This subsection (c) , however, does not apply to adaptations of automatic data processing equipment or programs for the CONTRACTOR's use whose costs are financed in whole or in part with Federal assistance provided by FTA for transportation capital projects. d. Unless prohibited by state law, upon request by the Federal Government, the CONTRACTOR agrees to indemnify, save, and hold harmless the Federal Government, its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the CONTRACTOR of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under that contract. The CONTRACTOR shall not be required to indemnify the Federal Government for any such liability arising out of the wrongful act of any employee, official, or agents of the Federal Government. e. Nothing contained in this paragraph on rights in data shall imply a license to the Federal Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Federal Government under any patent. f. Data developed by the CONTRACTOR and financed entirely without using Federal assistance provided by the Federal Government that has been incorporated into work required by the underlying contract to which this attachment has been added is exempt from the requirements of subsections (b), (c), and (d) of this paragraph, provided that the CONTRACTOR identifies that data in writing at the time of delivery of the contract work. g. Unless FTA determines otherwise, the CONTRACTOR agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA. Contract 121022 Page 12 of 13 Pages 3. Unless the Federal Government later makes a contrary determination in writing, irrespective of the CONTRACTOR's status (i.e. , a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual, etc.), the CONTRACTOR agrees to take the necessary actions to provide, through FTA, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 CFR part 401. 4. The CONTRACTOR also agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA. The following requirements apply to each contract involving experimental, developmental, or research work: 1. If any invention, improvement, or discovery is conceived or first actually reduced to practice in the course of or under the Agreement to which this attachment has been added, and that invention, improvement, or discovery is patentable under the laws of the United States of America or any foreign country, the CONTRACTOR agrees to take actions necessary to provide immediate notice and a detailed report to the COUNCIL until FTA is ultimately notified. 2. Unless the Federal Government later makes a contrary determination in writing, irrespective of the CONTRACTOR's status (a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual), the CONTRACTOR agrees to take the necessary actions to provide, through FTA, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 CFR part 401. 3. The CONTRACTOR also agrees to include the requirements of this paragraph in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA. Contract 121022 Page 13 of 13 Pages CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 16, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC 11-5802 ITEM NO.: VIII.D. Randy Newton Adopt Resolution Endorsing Funding Application for the Mitchell Road/Baker Public Works/Engineering Road(County Road 60) Sidewalk Improvement Requested Action Move to: Adopt Resolution Endorsing Funding Application for the Mitchell Road/Baker Road(CSAH 60) Sidewalk Improvement Synopsis The Hennepin County Capital Improvement Plan (HCCIP) 2013 Sidewalk Participation Program is a grant program to assist in funding the development and implementation of sidewalk projects that extend the system of sidewalks along Hennepin County roads. The Mitchell Road/Baker Road (CSAH 60) Sidewalk Improvement project is a strong candidate for this funding. The resolution provides the City's endorsement of the application and its commitment to fund the project if selected. Background Information The HCCIP 2013 Sidewalk Participation Program is an effort by Hennepin County to fund sidewalk improvement projects that provide pedestrian safety at intersections, provide ADA compliant facilities, support local plans, and support the implementation of the Hennepin County Transportation Systems Plan including the Hennepin County Complete Streets Policy. Due to the high priority of the sidewalk improvement connecting existing sidewalks along Mitchell Road/Baker Road, it is anticipated that the project is a strong candidate for receiving HCCIP program funding. The HCCIP 2013 Sidewalk Participation Program has a $50,000 maximum award. If this project is successful in receiving a grant award, it will be used to help fund the Mitchell Road/Baker Road (CSAH 60) Sidewalk Improvement. This improvement is needed to complete the sidewalk system along the west side of Mitchell Road/Baker Road between Martin Drive on the south and the westerly extension of Roberts Drive on the north. A graphic showing the proposed location of the sidewalk is attached. Financial Implications The total project cost of the Mitchell Road/Baker Road (CSAH 60) Sidewalk Improvement is currently estimated at $200,000. This grant would provide $50,000 and the remaining $150,000 would be the responsibility of the City. The actual City funding has not been determined, however potential sources include the CIP, the Transportation Trails/Sidewalk Fund and Municipal State Aid. Attachments • Resolution • Map of Project CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2012- ENDORSING FUNDING APPLICATION FOR THE MITCHELL ROAD/BAKER ROAD (COUNTY ROAD 60) SIDEWALK IMPROVEMENT I.C. 11-5802 WHEREAS, the City Council of the City of Eden Prairie is the official governing body of the City of Eden Prairie; and WHEREAS, the Hennepin County Capital Improvement Plan 2013 Sidewalk Participation Program has made funding available to communities for sidewalk projects that extend the system of sidewalks along Hennepin County roads; and WHEREAS, Mitchell Road/Baker Road (CSAH 60) is a Hennepin County road within Eden Prairie; and WHEREAS, the Mitchell Road/Baker Road Sidewalk Improvement project will provide pedestrian safety at intersections, provide ADA compliant facilities, support local plans, and support the implementation of the Hennepin County Transportation Systems Plan including the Hennepin County Complete Streets Policy; and WHEREAS, the Hennepin County Capital Improvement Plan 2013 Sidewalk Participation Program provides up to $50,000 in capital assistance for sidewalk improvement projects; and WHEREAS, the Hennepin County Capital Improvement Plan 2013 Sidewalk Participation Program would complement local funding to allow for the completion of the sidewalk system along the west side of Mitchell Road/Baker Road (CSAH 60) between Martin Drive and the westerly extension of Roberts Drive. NOW, THEREFORE, BE IT RESOLVED that the Eden Prairie City Council does hereby support actively pursuing Hennepin County Capital Improvement Plan 2013 Sidewalk Participation Program funds; and BE IT FURTHER RESOLVED that if awarded funding from the Hennepin County Capital Improvement Plan 2013 Sidewalk Participation Program, the City of Eden Prairie agrees to commit funding to provide for the completion of the project. ADOPTED by the Eden Prairie City Council on October 16, 2012. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk ram r .\ / -4 r ) Q ; 6 7Lrr ,hp ----.- "Ir. r, ... .24 i Z..- ' k • \ ' * I 1 N •';„ ' 1,1 7 1 • 11. ."I ...."k 4 i • _4 1 a t ., EXISTING �!Y • aA, .r 1.,. Y1 -t SIDEWALK • y.s • � J' 1_ - ;r. f PROPOSED • s c' r svi -.� . s ,S:r,S ,i l ROBERTS a ��sl.�'[ LK 4 t SIDEWALK R 7\ft?-r_Ji." • ,\* / , �, j' yr. 0� ci -,ir '_,`. ,,‘ -It ' .--:.•,,4•411:, '-,,' r-,-:)-4i . . , .y.('' It•- t T't Kt '. 1` -1 .. i � R •� �: ,`, YM4 / ter %‘, , ,C ;. I.,k.y4 IfF - tom - 1 rF. , .1 '*f± ...... -. n y., 1 'S. yam{ — s�� . N, F _, L! Wri' ..'1 :446‘ - ' LV.. Ilt.N r . Of .`, . <<,\ _ r \fir f s �.i • qr - ,r , - • -.-r -,1C--r40r-6 •P<: - - .• mtx , ••• , -,i1.,:,..:, y' i fi 10 F F y • t � /fir, t 0. 0 '-.$,. „A‘illiail;: ....-._ . 4, 4/ ...1.,.. _ ... __ ‘ LI - -• r '..'.�• -* r PROPOSED . ':• + SIDEWALK * i i z :VI• re;:. A'.. ir . . . ., il ; e-1 \ TIN DR17:-.1k `R�. } 16 IA _ , • EXISTING / r1 iila. 4 .- i 1, . SIDEWALK I g "� �r � 9 ,* by ,r�r a . . -c _it 3"^atr°'. .,, :y { t. PROPOSED i LRT STATION �� ■111111 .- '. , 't' tii..4:1274 q I. ; ► . 1.11ta MITCHELL RD/BAKER RD N Legend -Proposed 5'Sidewalk/5'Boulevard SIDEWALK EXTENSION ± Rill —Existing Sidewalk E DE N —Existing Trail PRAIRIE Parcels 0 200 400 800 Feet CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 16, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.E. Rick Wahlen Approve Purchase of Software Upgrade for Water Public Works/Utilities Treatment Plant Controls System Requested Action: Move to: Approve the Purchase of GE-iFIX software upgrade from Industrial Network Systems (GE Intelligent Platforms) for the water treatment plant supervisory control and data acquisition (SCADA) system in the amount of$21,401.62. Synopsis: The Eden Prairie water treatment plant uses a digital control system that requires periodic upgrading to maintain its ability to function with newer computer systems, and to incorporate improvements in the programming logic which enhance the performance of the system. Only one licensee for Minnesota can sell and support this software. Background Information: The Utilities Division will be experiencing a periodic computer upgrade as part of the City's computer maintenance plan. All new computers purchased by the City will have the latest windows software operating systems, and the existing water treatment plant software does not work with Windows 7. In order to acquire the updates from GE to make the treatment system function with the necessary new computers, we have to purchase an upgrade plan, and while we are doing this, we are streamlining the license process to minimize costs for maintaining this system. Staff recommends approval of the purchase of this upgrade from Industrial Network Systems. Attachments: • Proposal from INS ?is City of Eden Prairie Upgrade . NETWORK SYSTEMS 724 E. Kensington Road Quote#: 0494870080 Arlington Heights, IL 60004 Date Created: 9/6/2012 Valid Until Date: 9/28/2012 Phone: 847-298-4777 Fax: 847-298-4788 Account Manager: Bob Gerhard Account Manager's Email: bgerhard@ins3.com www.ins3.com Account Manager's Phone: 612-940-2504 TO: SHIP TO: END USER: Jason Sanden Advanced Engineering & Environmental City of Eden Prairie Services Advanced Engineering& Environmental 3170 43rd St S 14100 Technology Drive 2016 Washington St. South Suite 100 Utilities-Water Plant Grand Forks, ND 58201 Fargo, ND 58104 Eden Prairie, MN 55344 Cover Letter: PLEASE MAKE PURCHASE ORDER OUT TO: GE INTELLIGENT PLATFORMS INC.C/O INDUSTRIAL NETWORK SYSTEMS IF PURCHASE ORDER IS NOT MADE OUT TO GE INTELLIGENT PLATFORMS INC., ORDERS WILL BE HELD UP SUBSTANTIALLY. Line Qty Item List Disc. Price Subtotal 1.00 1 Special 10% Upgrade charge under 10/2 offer for existing keys $38,031.00 90.00 $3,803.10 $3,803.10 See spreadsheet for details Key numbers included: 100237393 100237394 100237395 100237396 100237397 100237398 100216416 100216417 Ref: GE Quote# 1-1597251430 IGC-IN-SITE 2.00 2 GlobalCare coverage for two years for all existing licenses $6,656.58 0.00 $6,656.58 $13,313.16 All keys listed under Item 1 IGC-IN-SITE 3.00 1 Upgrade Historian to 500 Tag License $1,879.00 0.00 $1,879.00 $1,879.00 Fee for Step up to 500 Tags is determined by taking cost of new less cost existing: $4956 -$3077 = $1879 Will be added to existing key number IN-MISC-STEPUP 4.00 1 Collector Redundancy for Proficy Historian: 500 Point-Standard $992.00 0.00 $992.00 $992.00 Add Collector Redundancy to Upgraded Historian I N-i H i st-STD-O PT N-R E D U N-000500 5.00 2 Add Two years of GlobalCare for Historain Upgrade and Collector $574.20 0.00 $574.20 $1,148.40 Redundancy GlobalCare cost is charged at 20%of cost license additions: $1879 + $992= $2871 at 20% =574.2 per year IGC-IN-SITE 6.00 1 Cost for moving to Websapce from existing clients $1,951.00 0.00 $1,951.00 $1,951.00 Cost is determined by taking cost of new licenses for Webspace and applying trade-in credit for existing clients. Cost for new Webspace-5 clients total Base Server-$5150 Three additional clients-$1236,3= $3708 Total Webspace=$8,858.00 Less Trade-in credit of existing (see spreadsheet)= $6,907 Total for Webspace less trade in: 8,858-6,907=$1,951 IN-MISC-UPGRADE 7.00 1 GlobalCare credit for Webspace Trade-in -$1,685.04 0.00 -$1,685.04 -$1,685.04 Cost if determined by taking the differential for new webspace and existing clients New webspace yearly support=8,858*0.17=$1,505.86 Existing Clients yearly support(see spreadshet)=2,348.4 Webspace cost-existing clients= 1505.86-2348.4=-842.52*2yrs= $1685.04 IGC-IN-SITE SUBTOTAL: $21,401.62 TAXABLE SUBTOTAL: $0.00 SALES TAX: $0.00 SHIPPING &HANDLING: $0.00 GRAND TOTAL: $21,401.62 VALID UNTIL: PAYMENT TERMS: SHIPPING DATE: FOB: 9/28/2012 Net 30 days from purchase 10 Business Days After From Vendor Location Purchase Prepared by: Bob Gerhard II II liii liii II II liii 11111 1111111 1111111111 11 II II 111 111111 If your organization, or this order is exempt from taxation please supply a tax exempt or resale certificate with Purchase Order. CITY COUNCIL AGENDA DATE: SECTION: Consent October 16, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.F. Community Development Approve PROP Rehabilitation Deferred Janet Jeremiah, Director Grant Program Agreement Molly Koivumaki, Housing and Human Services Manager Requested Action Move to: Approve the Rehabilitation Deferred Grant Program Agreement between the City of Eden Prairie and PROP. Synopsis PROP has requested a grant in an amount up to $50,000 to replace windows and an HVAC system in their building at 14700 Martin Drive. The CDBG funds to be used are generated from 2012 program income, and the expenditure will not take funds from any other program and will assist in the city's obligation to expend program income in a timely manner. Attachment Rehabilitation Deferred Grant Program Agreement CITY OF EDEN PRAIRIE REHABILITATION DEFERRED GRANT PROGRAM AGREEMENT THIS AGREEMENT, made and entered into this day of , 2012, by and between People Reaching Out to Other People, Inc., a Minnesota non-profit corporation having its principal place of business at 14700 Martin Drive, Eden Prairie, Minnesota 55346 (hereinafter referred to as "Recipient"), and the City of Eden Prairie, a body corporate and politic of the State of Minnesota,having its principal office at 8080 Mitchell Road, Eden Prairie, Minnesota 55344, (hereinafter referred to as the "City"). WHEREAS, Recipient owns the property legally described on attached Exhibit A and hereinafter referred to as the "Real Property" and; WHEREAS, Recipient owns and operates the Real Property for the purpose of providing Eden Prairie residents in need with food and financial assistance and to provide support toward self sufficiency; and WHEREAS, the City intends through this Grant Agreement to provide Recipient with an amount not to exceed Fifty Thousand and no/100 dollars ($50,000.00) as a grant (hereinafter referred to as "the Grant") for rehabilitation work on the Real Property as described herein; and WHEREAS, Recipient and the City desire to set forth the terms under which the Grant shall be provided by City to Recipient. NOW, THEREFORE, in consideration of said Grant, the receipt and sufficiency of which is hereby acknowledged by Recipient, and in accordance with Minnesota Statutes, the parties hereto do hereby agree as follows: 1. Use of Grant Proceeds. The Grant proceeds shall be used solely to perform the rehabilitation work set forth on Exhibit B, attached hereto and incorporated herein, (the "Work") on the Real Property. Said Work shall be to improve the conditions relating to health, safety, and energy efficiency of the Real Property, or provide essential accessibility improvements to the Real Property. All Work shall be subject to the City's approval. 2. Payment of Grant Proceeds. Recipient shall submit to City applications for payment and such other documentation deemed satisfactory to City in its sole discretion evidencing completion of the Work. Upon City determination that the Work for which the application has been submitted is complete, City shall disperse to the contractor(s) who completed the Work Grant Proceeds in an amount to pay for the Work, but in no event shall the total amount paid under this Agreement exceed Fifty Thousand and no/100 dollars ($50,000.) No payment shall be made for Work completed after April 1, 2013. 3. Repayment of Grant Proceeds. Recipient agrees to the following repayment obligations: 3.1. If the Real Property, as identified on Exhibit A, is sold, transferred, or otherwise conveyed(whether by deed, contract for deed, or otherwise), and whether voluntary or involuntary, within five (5) years from the date of this Agreement, Recipient shall repay the principal sum of the Grant. 3.2. If the Real Property, as identified on Exhibit A, ceases for any reason to be used by Recipient within five (5) years from the date of this Agreement, Recipient shall repay the principal sum of the Grant. 3.3. If Recipient ceases operations for any reason within five (5) years after the date of this Agreement,Recipient shall repay the principal sum of the Grant. 3.4. Recipient shall give written notice to the City thirty (30) days prior to the occurrence of any of the events listed in Paragraphs 2.1 through 2.3, and repayment shall be made by Recipient immediately upon the occurrence of any of said events. 3.5. In the event repayment is required, Recipient agrees to pay interest on principal sum of the Grant at the rate of five percent(5%)per annum. 3.6. Payments shall be delivered to the office of the City, or at such other place as the City may designate. 4. Recipient's Covenants. Recipient covenants with the City that Recipient is eligible for the Grant under the following conditions: 4.1. The Real Property is owned by Recipient as of the date of the Grant, and Recipient has no present intention to rent the Real Property, or to sell, assign, or transfer Recipient's interest in the Real Property to another; and 4.2. The proceeds of the Grant will be used only for the Work described in Paragraph 1; and 4.3. Recipient has made no material misstatement of fact in connection with Recipient's application for the Grant. 5. Grant of Lien. As security for Recipient's covenant and obligation for repayment as herein provided, Recipient hereby grants, and the City shall and hereby does have, a lien on the Real Property(the "Lien"), together with all hereditament and appurtenances thereto, in the 2 full amount necessary to satisfy Recipient's repayment obligation and the cost, including reasonable attorney fees of collecting the same. 6. Events of Default. Any one of the following shall constitute an event of default: 6.1. Recipient's failure to cure a breach of any covenant, term or condition contained in this Agreement for a period of thirty (30) days after written notice, specifying the breach and requesting that it be cured, given to Recipient by the City, unless the City shall agree in writing to an extension of such time prior to its expiration. 6.2. If any representation or warranty made by Recipient herein shall prove at any time to be, in any material respect, incorrect or misleading as of the date made. 6.3. The adjudication of Recipient as bankrupt by a court of competent jurisdiction, or the entry by such a court of an order approving a petition seeking reorganization of Recipient under the federal bankruptcy laws or any other applicable law or statute of the United States of American or any State thereof; or the appointment by such a court of a trustee or receiver or receivers of Recipient or of all or any substantial part of its property upon the application of any creditor in any insolvency or bankruptcy proceeding or other creditor's suit. 6.4. The filing by Recipient of a petition in voluntary bankruptcy or the making by it of a general assignment for the benefit of creditors or the consenting by it to the appointment of a receiver or receivers of all or any substantial part of the property of Recipient; or the filing by Recipient of a petition or answer seeking reorganization under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof; or the filing by Recipient of a petition to take advantage of any debtor's act. 7. City's Remedies. Whenever Recipient is in default under this Agreement, the City may exercise any one or more of the remedies below. 7.1. The City may declare the principal sum of the Grant, plus all other amounts that may be owed by Recipient to the City pursuant to this Agreement, to be immediately due and payable. Recipient hereby confesses judgment in said amount, and hereby authorizes and empowers the City to enter said judgment. 7.2. The City may, in its sole discretion, foreclose on the Real Property by judicial proceedings or sell the Real Property at public auction and convey the same to the purchaser in fee simple in accordance with Minnesota statutes, and out of the moneys arising from such sale retain all sums secured hereby, with interest and all legal costs and charges of such foreclosure and the maximum attorney fee permitted by law,which costs, charges and fees Recipient herein agrees to pay. 7.3. The City may take whatever action at law or in equity may appear necessary or appropriate to collect the principal sum of the Grant, plus all other amounts that may be owed by Recipient to the City pursuant to this Agreement, or to enforce performance and observance of any obligation, agreement or covenant of Recipient 3 under this Agreement. 7.4. No remedy herein conferred is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City to exercise any remedy set forth in this Agreement, it shall not be necessary to give any notice, other than such notice as may be herein expressly required or required by applicable law. 8. Attorney's Fees. In the event Recipient should default under any of the provisions of this Agreement and the City should employ attorneys or incur other expenses for the collection of the amounts due hereunder or the enforcement of performance of any obligation or agreement on the part of Recipient, Recipient will on demand pay to the City the reasonable fee of such attorneys and such other expenses so incurred. 9. Agreement to Run with the Land. This Agreement shall run with the aforementioned Real Property and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, representatives, successors and assigns. Wherever used, the singular shall include the plural, and the plural shall include the singular. All covenants and agreements of Recipient shall be joint and several. 10. Severability. In the event any provision or clause of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 11. Waiver. In the event any covenant, term or condition contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. 12. Automatic Termination. If, after five (5) years from the date of this Agreement, Recipient is not in default under any terms of this Agreement, Recipient's repayment obligations set forth herein shall terminate. 13. Notice. In addition to any notice required under applicable law to be given in another manner, any notice provided for in this Agreement shall be effective when mailed by certified mail, return receipt requested, to the address below or such other address the receiving party may designate in writing. To: The City of Eden Prairie ATTN: City Manager 8080 Mitchell Road Eden Prairie, Minnesota 55344 4 To: Anne Harnack Executive Director People Reaching Out to Other People, Inc. 14700 Martin Drive Eden Prairie, MN 55346 14. Data Practices Act. The Recipient shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat. Section 13.01, et seq., to the extent that the Act is applicable to data and documents in the hands of the Recipient. 15. Audits. The books, records, documents, and accounting procedures and practices of the Recipient or other parties relevant to this agreement are subject to examination by the City and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this Agreement. 16. Governing Law. This Agreement is deemed made within the State of Minnesota and shall be governed by and interpreted in accordance with Minnesota law. All disputes arising out of this Agreement shall be subject to the exclusive jurisdiction of the Minnesota State Courts, and exclusive venue for any such action shall be in Hennepin County, Minnesota. 17. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and merges all prior discussions between them with respect to the subject matter hereof. This Agreement may not be modified except by a written agreement dated subsequent to the date of this Agreement and signed by both parties. [Signature and notary page follows] 5 CITY OF EDEN PRAIRIE By: Nancy Tyra-Lukens,Mayor By: Rick Getschow, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 16th day of October, 2012, by Nancy Tyra-Lukens and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public 6 People Reaching Out to Other People,Inc. By: Anne Harnack, Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2012,by Anne Harnack, the Executive Director of People Reaching Out to Other People, Inc., a Minnesota non- profit corporation, on behalf of said corporation. Notary Public This instrument was drafted by: Gregerson, Rosow, Johnson&Nilan, Ltd. 650 Third Avenue South, Suite 1600 Minneapolis, MN 55402-4337 (612) 338-0755 7 Exhibit A Description of the Real Property Lot 2, Block 1, Edenvale Industrial Park 4th Addition, Hennepin County, Minnesota 8 Exhibit B Install new windows and HVAC system. 9 CITY COUNCIL AGENDA DATE: SECTION: Consent October 16, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.G. Community Development Approve The Prop Shop Rehabilitation Janet Jeremiah, Director Deferred Grant Program Agreement Molly Koivumaki, Housing and Human Services Manager Requested Action Move to: Approve the Rehabilitation Deferred Grant Program Agreement between the City of Eden Prairie and The Prop Shop. Synopsis The Prop Shop has requested a grant in an amount up to $50,000 to purchase windows, roofing materials, and an HVAC system in their new building addition at 15195 Martin Drive. This new addition will be used for client services, which includes storage, processing, and offices. The CDBG funds to be used are generated from 2012 program income, and the expenditure will not take funds from any other program and will assist in the city's obligation to expend program income in a timely manner. Attachment Rehabilitation Deferred Grant Program Agreement CITY OF EDEN PRAIRIE REHABILITATION DEFERRED GRANT PROGRAM AGREEMENT THIS AGREEMENT, made and entered into this day of , 2012, by and between the Prop Shop of Eden Prairie, a Minnesota non-profit corporation having its principal place of business at 15195 Martin Drive, Eden Prairie, Minnesota 55346 (hereinafter referred to as "Recipient"), and the City of Eden Prairie, a body corporate and politic of the State of Minnesota, having its principal office at 8080 Mitchell Road, Eden Prairie, Minnesota 55344, (hereinafter referred to as the "City"). WHEREAS, Recipient owns the property legally described on attached Exhibit A and hereinafter referred to as the "Real Property" and; WHEREAS, Recipient is a non-profit corporation that sells donated in-kind contributions to the general public, provides clothing and household items free of charge to families in financial need, and donates excess funds to other exempt organizations that assist low-income households or households suffering temporary financial hardship; and WHEREAS, the City intends through this Grant Agreement to provide Recipient with an amount not to exceed Fifty Thousand and no/100 dollars ($50,000.00) as a grant (hereinafter referred to as "the Grant") for rehabilitation work on the Real Property as described herein; and WHEREAS, Recipient and the City desire to set forth the terms under which the Grant shall be provided by City to Recipient. NOW, THEREFORE, in consideration of said Grant, the receipt and sufficiency of which is hereby acknowledged by Recipient, and in accordance with Minnesota Statutes, the parties hereto do hereby agree as follows: 1. Use of Grant Proceeds. The Grant proceeds shall be used solely to perform the rehabilitation work set forth on Exhibit B, attached hereto and incorporated herein, (the "Work") on the Real Property. Said Work shall be to improve the conditions relating to health, safety, and energy efficiency of the Real Property, or provide essential accessibility improvements to the Real Property. All Work shall be subject to the City's approval. 1 2. Payment of Grant Proceeds. Recipient shall submit to City applications for payment and such other documentation deemed satisfactory to City in its sole discretion evidencing completion of the Work. Upon City determination that the Work for which the application has been submitted is complete, City shall disperse to the contractor(s) who completed the Work Grant Proceeds in an amount to pay for the Work, but in no event shall the total amount paid under this Agreement exceed Fifty Thousand and no/100 dollars ($50,000.) No payment shall be made for Work completed after April 1, 2013. 3. Repayment of Grant Proceeds. Recipient agrees to the following repayment obligations: 3.1. If the Real Property, as identified on Exhibit A, is sold, transferred, or otherwise conveyed(whether by deed, contract for deed, or otherwise), and whether voluntary or involuntary, within five (5) years from the date of this Agreement, Recipient shall repay the principal sum of the Grant. 3.2. If the Real Property, as identified on Exhibit A, ceases for any reason to be used by Recipient within five (5) years from the date of this Agreement, Recipient shall repay the principal sum of the Grant. 3.3. If Recipient ceases operations for any reason within five (5) years after the date of this Agreement,Recipient shall repay the principal sum of the Grant. 3.4. Recipient shall give written notice to the City thirty (30) days prior to the occurrence of any of the events listed in Paragraphs 2.1 through 2.3, and repayment shall be made by Recipient immediately upon the occurrence of any of said events. 3.5. In the event repayment is required, Recipient agrees to pay interest on principal sum of the Grant at the rate of five percent(5%)per annum. 3.6. Payments shall be delivered to the office of the City, or at such other place as the City may designate. 4. Recipient's Covenants. Recipient covenants with the City that Recipient is eligible for the Grant under the following conditions: 4.1. The Real Property is owned by Recipient as of the date of the Grant, and Recipient has no present intention to rent the Real Property, or to sell, assign, or transfer Recipient's interest in the Real Property to another; and 4.2. The proceeds of the Grant will be used only for the Work described in Paragraph 1; and 4.3. Recipient has made no material misstatement of fact in connection with Recipient's application for the Grant. 5. Grant of Lien. As security for Recipient's covenant and obligation for repayment as herein provided, Recipient hereby grants, and the City shall and hereby does have, a lien on the Real Property(the "Lien"), together with all hereditament and appurtenances thereto, in the 2 full amount necessary to satisfy Recipient's repayment obligation and the cost, including reasonable attorney fees of collecting the same. 6. Events of Default. Any one of the following shall constitute an event of default: 6.1. Recipient's failure to cure a breach of any covenant, term or condition contained in this Agreement for a period of thirty (30) days after written notice, specifying the breach and requesting that it be cured, given to Recipient by the City, unless the City shall agree in writing to an extension of such time prior to its expiration. 6.2. If any representation or warranty made by Recipient herein shall prove at any time to be, in any material respect, incorrect or misleading as of the date made. 6.3. The adjudication of Recipient as bankrupt by a court of competent jurisdiction, or the entry by such a court of an order approving a petition seeking reorganization of Recipient under the federal bankruptcy laws or any other applicable law or statute of the United States of American or any State thereof; or the appointment by such a court of a trustee or receiver or receivers of Recipient or of all or any substantial part of its property upon the application of any creditor in any insolvency or bankruptcy proceeding or other creditor's suit. 6.4. The filing by Recipient of a petition in voluntary bankruptcy or the making by it of a general assignment for the benefit of creditors or the consenting by it to the appointment of a receiver or receivers of all or any substantial part of the property of Recipient; or the filing by Recipient of a petition or answer seeking reorganization under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof; or the filing by Recipient of a petition to take advantage of any debtor's act. 7. City's Remedies. Whenever Recipient is in default under this Agreement, the City may exercise any one or more of the remedies below. 7.1. The City may declare the principal sum of the Grant, plus all other amounts that may be owed by Recipient to the City pursuant to this Agreement, to be immediately due and payable. Recipient hereby confesses judgment in said amount, and hereby authorizes and empowers the City to enter said judgment. 7.2. The City may, in its sole discretion, foreclose on the Real Property by judicial proceedings or sell the Real Property at public auction and convey the same to the purchaser in fee simple in accordance with Minnesota statutes, and out of the moneys arising from such sale retain all sums secured hereby, with interest and all legal costs and charges of such foreclosure and the maximum attorney fee permitted by law,which costs, charges and fees Recipient herein agrees to pay. 7.3. The City may take whatever action at law or in equity may appear necessary or appropriate to collect the principal sum of the Grant, plus all other amounts that may be owed by Recipient to the City pursuant to this Agreement, or to enforce performance and observance of any obligation, agreement or covenant of Recipient 3 under this Agreement. 7.4. No remedy herein conferred is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City to exercise any remedy set forth in this Agreement, it shall not be necessary to give any notice, other than such notice as may be herein expressly required or required by applicable law. 8. Attorney's Fees. In the event Recipient should default under any of the provisions of this Agreement and the City should employ attorneys or incur other expenses for the collection of the amounts due hereunder or the enforcement of performance of any obligation or agreement on the part of Recipient, Recipient will on demand pay to the City the reasonable fee of such attorneys and such other expenses so incurred. 9. Agreement to Run with the Land. This Agreement shall run with the aforementioned Real Property and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, representatives, successors and assigns. Wherever used, the singular shall include the plural, and the plural shall include the singular. All covenants and agreements of Recipient shall be joint and several. 10. Severability. In the event any provision or clause of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 11. Waiver. In the event any covenant, term or condition contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. 12. Automatic Termination. If, after five (5) years from the date of this Agreement, Recipient is not in default under any terms of this Agreement, Recipient's repayment obligations set forth herein shall terminate. 13. Notice. In addition to any notice required under applicable law to be given in another manner, any notice provided for in this Agreement shall be effective when mailed by certified mail, return receipt requested, to the address below or such other address the receiving party may designate in writing. To: The City of Eden Prairie ATTN: City Manager 8080 Mitchell Road Eden Prairie, Minnesota 55344 4 To: Cindy Eddy Executive Director The Prop Shop of Eden Prairie 15195 Martin Drive Eden Prairie, MN 55346 14. Data Practices Act. The Recipient shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat. Section 13.01, et seq., to the extent that the Act is applicable to data and documents in the hands of the Recipient. 15. Audits. The books, records, documents, and accounting procedures and practices of the Recipient or other parties relevant to this agreement are subject to examination by the City and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this Agreement. 16. Governing Law. This Agreement is deemed made within the State of Minnesota and shall be governed by and interpreted in accordance with Minnesota law. All disputes arising out of this Agreement shall be subject to the exclusive jurisdiction of the Minnesota State Courts, and exclusive venue for any such action shall be in Hennepin County, Minnesota. 17. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and merges all prior discussions between them with respect to the subject matter hereof This Agreement may not be modified except by a written agreement dated subsequent to the date of this Agreement and signed by both parties. [Signature and notary page follows] 5 CITY OF EDEN PRAIRIE By: Nancy Tyra-Lukens,Mayor By: Rick Getschow, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 16th day of October, 2012, by Nancy Tyra-Lukens and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public 6 The Prop Shop of Eden Prairie By: Cindy Eddy, Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2009, by Cindy Eddy, the Executive Director of the Prop Shop of Eden Prairie, a Minnesota non-profit corporation, on behalf of said corporation. Notary Public This instrument was drafted by: Gregerson, Rosow, Johnson&Nilan, Ltd. 650 Third Avenue South, Suite 1600 Minneapolis, MN 55402-4337 (612) 338-0755 Exhibit A Description of the Real Property Lot 1, Block 1, Edenvale Industrial Park 9th Addition, Hennepin County, Minnesota. 8 Exhibit B Install windows, interior and exterior doors, roof, and HVAC system. 9 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda October 16, 2012 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: VIII.H. Janet Jeremiah, Community Set a Public Hearing for Tuesday, December 4, Development Director 2012, regarding the Modification of TIF #12 and Molly Koivumaki, Manager, TIF District Housing and Community Services Requested Action Move to: Set a Public Hearing for Tuesday, December 4, 2012, regarding the Modification of TIF #12 and related TIF District information. Background TIF District #12, Columbine Townhomes, is set to decertify at the end of 2012. The property owner is interested in extending the TIF District. Staff will explore the eligibility requirements that are necessary to extend the district. If deemed eligible, a Modification Plan will be drafted and presented at the public hearing. Attachment Timeline City of Eden Prairie, Nlnnesota Modification of a Tax Increment Financing Plan for Tax Increment Financing(Housing)District No. 12 Proposed Schedule of Events—Updated Process based on Revised Amendment to the Project Management Agreement Schedule of Events Date Event Responsible Party October Drafting of TT Ran Modification Springsted City'Attorney, Modification of 11F Plan and 11F District Tuesday City Council calls for public hearing on Tuesday December 4,2012 City,Attorney October 16,2012 Prior to Friday County Commissioner receives notification letter October 19,2012 (at least 30 days prior to publication of notice of public hearing Springsted Monday City Planning Oo mission reviews 11F plan modification October 22,2012 (as necessary) City,Attorney Prior to Friday County and Scholl District receive impact letters&draft 11F plan modification November 2,2012 (at least 30 days prior to public hearing Springsted Thursday Publication of notice of public hearing in Eden Prairie News November (10-30 days prior to public hearing) Springsted 11/Deaddline:: 11/14 Tuesday, City Council holds public hearing,and adopts resolution approving City,Attorney, Decenter 4,2012 modification to the 11F Plan and TIF District Springsted Tuesday. I-RA reviews and adopts resolution approving modification City,Attorney, December 4,2012 to the TIF Ran and TIF District Springsted Tuesday. ERA and City Council approve the Amendment to the Project Management City,Attorney, December 4,2012 Aft Springsted After December 4' State filing Springsted 2012 CITY COUNCIL AGENDA DATE: SECTION: Public Hearing October 16, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A. Jim Richardson Special Assessment Hearing for the Public Works /Engineering Approval of the 2012 Special Assessments Requested Action Move to: • Close the public hearing; and • Adopt the resolution approving all Special Assessments presented in the fall of 2012 Synopsis Each year, the City Council holds a public hearing to consider levying the Special Assessments that have been identified over the previous 12 months. This year, the Council will address a list of projects and supplemental assessments such as trunk assessments and contracted removal assessments. Staff recommends Council approve the list of supplemental assessments. Background Information City Council established the amount to be assessed for this fall's assessment hearing at its regular meeting on September 18, 2012. See Exhibit A for the list of Supplementals that the Council will be asked to approve for levying Special Assessments for collection with property taxes. The total amount proposed to be assessed in 2012 is $570,891.88. Attachments • Resolution • Exhibit A CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012-142 WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections in the proposed assessments for the following improvements to wit: (See Exhibit A attached) NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Eden Prairie: 1. Such proposed assessments are hereby accepted and shall constitute the special assessment against the lands in the final assessment rolls, and each tract of land therein included is hereby found to be benefitted by the improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of years as shown on Exhibit A. Installments shall bear interest at the rates shown on Exhibit A, except no interest shall be charged if the entire assessment is paid within 30 days of the adoption of this resolution. To the first installment shall be added interest on the entire assessment from November 1, 2012 until December 31, 2013. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes beginning in 2013. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he/she may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 5. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearings as provided for the assessments being made, upon any properties abutting on the improvements but not herein assessed for the improvement when changed conditions relating to such properties make such assessment feasible. ADOPTED by the City Council on October 16, 2012. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta, City Clerk EXHIBIT A 1. I.C. 11-5792 Mitchell Rd Improvements Project Cost: $661,278.00 MAC Share: $129,272.00 City Share: $331,706.00 Net Assessment: $200,300.00 Property Owner Parcel PID# Years/% Amount Grace Church of Minnesota,Inc 21-116-22-33-0004 20 Years at 5.25% $200,300.00 Supplementals Trunk Sewer and Water Parcel PID# Years/% Amount Eden Pointe Parking Lot Expansion 12-116-22-23-0010&0011 5 Years/5.25% $6,472.35 New Horizon Academy 18-116-22-44-0080 5 Years/5.25% $8,055.45 Notting Hill 21-116-22-32-0003 5 Years/5.25% $58,622.15 The Meadows at Riley Creek 29-116-22-13-0006& 5 Years/5.25% 29-116-22-42-0009 $63,762.35 Eden Prairie Woods 29-116-22-14-0002, 5 Years/5.25% 29-116-22-14-0004, 29-116-22-41-0005 & 29-116-22-44-0022 $181,978.25 Bellerieve 36-116-22-31-0005 5 Years/5.25% $50,160.85 Emergency Board Up Longsyo&Dean 23-116-22-33-0010 1 Year/5.25% $1,039.08 Snow Contracted Removal Duda 20-116-22-13-0020 _ 1 Year/5.25% $52.50 Outten 20-116-22-43-0058 1 Year/5.25% $50.00 Elizia 36-116-22-13-0062 1 Year/5.25% $52.50 Weed/Grass Contracted Removal Muecke 03-116-22-32-0037 1 Year/5.25% $173.20 Miller 07-116-22-32-0016 1 Year/5.25% $173.20 CITY COUNCIL AGENDA DATE: October 16, 2012 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B. Community Home Depot Garden Center Development/Planning Expansion/Truck Rental Janet Jeremiah Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 13.16 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment in the C-Reg-Sery Zoning District on 13.16 acres; 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 Home Depot Garden Center Expansion/Truck Rental project subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated October 16, 2012, as approved by the City Council. Synopsis Home Depot wants to expand the existing garden center by 7,365 sf and add a truck rental area for 6-8 vehicles. This requires a waiver for outdoor display from 6%to 25.57%. Permanent outdoor display is required to be screened. The existing fence will be extended around the proposed expansion to the outdoor garden area. Existing landscaping along Valley View Road will screen the truck rental area. Background Information The approved 1998 plan included a 17,910 sq. ft. outdoor garden center which required a PUD waiver for permanent outside display from 6%to 16%. The 120-Day Review Period Expires on January 14, 2013. Planning Commission Recommendation The Planning Commission voted 5-0 to recommend approval of the project at the October 8, 2012 meeting. Attachments 1. Resolution for PUD Concept 2. Staff Report 3. Location Map 4. Land Use Map 5. Zoning Map 6. Aerial Map-general 7. Aerial Map-specific location of proposal 8. Unapproved Planning Commission Minutes 10-08-12 9. Letter from resident- Winkel CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2012- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF HOME DEPOT GARDEN CENTER EXPANSION/TRUCK RENTAL FOR HOME DEPOT 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 October 8, 2012 on Home Depot Garden Center Expansion/Truck Rental by Home Depot 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 October16, 2012. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Home Depot,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 October 16, 2012. 3. That the PUD Concept meets the recommendations of the Planning Commission dated October 8, 2012. ADOPTED by the City Council of the City of Eden Prairie this 16th day of October, 2012. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A Home Depot Garden Center Expansion/Truck Rental Legal Description: Lot 1, Block 1 Prairie Crossroads Center STAFF REPORT TO: Planning Commission FROM: Scott A. Kipp, Senior Planner DATE: October 5, 2012 PROJECT: Home Depot Garden Expansion/Truck Rental LOCATION: 13100 Valley View Road APPLICANT: GreenbergFarrow OWNERS: The Home Depot 120-DAY REVIEW: Expires January 14, 2013 REQUEST: • Planned Unit Development Concept Amendment on 13.16 acres. • Planned Unit Development District Review with waivers on 13.16 acres • Zoning District Amendment within the Commercial-Regional-Service Zoning District on 13.16 acres. • Site Plan Review on 13.16 acres. BACKGROUND The Comprehensive Guide Plan shows the site as Regional Commercial. Surrounding land use is Open Space and Low Density Residential to the north; Open Space and Office to the east and Regional Commercial to the south. Surrounding zoning includes Rural and RM-6.5 Residential to the north,Rural and I-2 Industrial to the east, Regional Commercial Service to the south, and RM-6.5 Residential to the west. APPROVED PERMANENT OUTDOOR DISPLAY The approved 1998 plan included a 17,910 sq. ft. outdoor garden center which required a PUD waiver for permanent outside display from 6%to 16%. PROPOSED ADDITION TO EXISTING PERMANENT OUTDOOR DISPLAY The expansion to the existing permanent outdoor display area is a 7,365 sq.ft.addition to the garden center and truck rental area(2,736 sf) for six to eight commercial vehicles. Staff Report—Home Depot Garden Expansion/Truck Rental October 5, 2012 This will increase the permanent outdoor display from 16% to 25.57%. Other commercial businesses have permanent outdoor display areas, such as Bachmans (100%), Menards (44%). Permanent outdoor display is required to be screened. The existing fence will be extended around the proposed expansion to the outdoor garden area. Existing landscaping along Valley View Road will screen the truck rental area. PARKING There are 628 parking spaces on site. The expanded outdoor garden area will eliminate 32 parking spaces.The truck rental area will eliminate 16 spaces.This leaves 580 spaces.The code requirement for parking is 560 spaces. STAFF RECOMMENDATIONS Recommend approval of the following request: • Planned Unit Development Concept Amendment on 13.16 acres. • Planned Unit Development District Review with waivers on 13.16 acres. • Zoning District Amendment within the Commercial-Regional-Service Zoning District on 13.16 acres. • Site Plan Review on 13.16 acres. This is based on plans stamp dated September, 28, 2012 and the following conditions: 1. Planned Unit Development waiver granted for permanent outdoor display from 6% to 25.57% 2. Notify the City and Watershed District 48 hours in advance of grading. 3. Add 4, 3inch trees to the landscape plan to replace trees lost due to construction. 2 Area Location Map - Home Depot Garden Center Expansion/Truck Rental Address: 13100 Valley View Road, Eden Prairie, MN )31 I N 2 40# '44p"'"* 0 NI FENWICKCIR PalAfrI iiul milli, -R7z,,-1 1 � Am. .. -_ ■ Q -I -- - ` - • -- N N •A ' . ' . q ' ' W41 � Butterscotch Road d �o5_-1 Ell tr.MON J 0, , O S\ALOR Scott Terrace \`�� Zenith Lane Valley View Road SITE 4 .. AdiL:__ ___ A\ , ,. r ,,,...,4m,21 ,,,„.. II II II I II Prairie Center Drive II 1- 1 III 1 • III 1111 al 0 337.5 675 \ .: eet .,‘1 ��I� I - - TECHNOLOGY DR Guide Plan Map: Home Depot Garden Center Expansion/Truck Rental 13100 Valley View, Eden Prairie, MN ) \N \ ile•Ahr Butterscotch Road . ,,,W 4. j ,\ I Scot Terrace Zenith Lane SITE 4S% Or I I j Valley View Road • Prairie Center Drive qit, of Eden Prairie L a ► • Use - • ' • PII a�n Map 2000-2�� Legend N O CityLimits -Industrial Rural Residential 0.10 Units/Acre Neighborhood Commercial Streams Low Density Residential 0-2.5 Units/Acre Community Commercial —Principal Arterial * ii. 11 p DATE Approved 03-19-03 DATE Revised 12-06-06 Low Density/Public/Open Space i Regional Commercial DATE Revised 01-07-05 DATE Revised 03-01-07 EDEN A Minor Arterial DATE Revised 11-07-05 DATE Revised 06-01-07 Medium Density residential 2.5-10 Units/Acre Town Center DATE Revised 02-23-06 DATE Revised 10-01-07 _ — B Minor Arterial DATE Revised 03-23-06 Medium DensityResidential/Office Park/Open en Space DATE Revised 06-23-06 DATE Revised 03-01-08 �. m. ��m.,etl Ed" "....m...".",:"'.am..evised 03-01-09 p p -- • Major Collector DATE R PRAIRIE - High Density Residential 10-40 Units/Acre �Public/Quasi-Public — • Minor Collector _Airport I I Golf Course LIVE•WORK•QAEAM Office -Church/Cemetary Me.=op.....��.o..m_...®...."o.".,�.. .....�.®."F_." .�,,.,o® V//I Office/Industrial Open Water 025 0.125^" 0m V� ,I ' I 2 ',H Office/Public/Open Space 1 Right-Of-Way Miles Zoning Map: Home Depot Garden Center Expansion/Truck Rental 13100 Valley View Road, Eden Prairie MN i7.____________ _ i ) , \-- ------\\ 011 111111 --['''''' .________ / \ _ _ , 7\ / Stewart Drive L Scott Terrace Butterscotch Road I 1--,, /. /r \ / — \� J_ _ / . % A,/ Valley View Road SITE/ 004/Vr • .y Prairie Center Drive I 1 f • C. of Eden • airie Z. • • ap._----- 1 Rural - Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. I I TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. Dil TC-MU I SD I General Development Waters(Creeks Only) •, 0 , R1-9.5 One Family-9,500 sf min. Industrial Park-2 Acre Min, PZ 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. Industrial Park- 5 Acre Min. Up dated through approved Ordinances#26-2008 EDEN - RM-2.5 Multi-Family-17.4 U.P.A.max. (n General Industrial-5 Acre Min. Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Office Public Date:March 1,2009 Neighborhood Commercial Golf Course In case of discrepency related to a zoning lassificadon on this zoning map,the Ordinance a.attached legal description on file at Eden Prams City Center will pfevail. uve•w0ex•ue enM Community Commercial Water - Highway Commercial Right of Way 0 0.125 0.25 - Regional Service Commercial Milesm°az_,...m..,=,..=4..L.o.a.,a ... .ia..m ,..,,m„ Aerial Map Home Depot Garden Center Expansion/Truck Rental 13100 Valley View Road , Eden Prairie, MN ._.- .. .. - IR AliC. ji-___.* rick # • .... ioro , i0k#4i ,_ _____ ,_._ i ____ wil, .6. 0.1 !.1..._ Iii . _ _ lam ., . .i: ,.. iik 0.. _.._ ,...... „,..._ ._ __ .__ _ •.. . -- .. _ _.,1 A„. . , .. . ._. --. 17,,, ,ot ;ism e_ .,_. __H.: , _ . _...1... . _ -- __,. .,..,..., _. „:Li.,__.. . 2 um . it_ _L_ .A. _... __ . . , _ , .. ,„„i..,,t„, , . _ J , 41,- '° k' Butterscotch Road T "^ ®� ... .,_, ............, + �. ..'• r. _ 1 ' f M a- .,L }.het_.�.+ ,i'�IF••-'- k � L e-+ a Scott Terrace _ ti .. 1 41111F r 1r . V . . litZenith Lane w:; 4 .y,,_ _ Valley View Road • - --... ,.-..• 'L., -1 , ..,.. 4 ..,,,,-,x .. .. _ ��� i� r► �,. �i -9� ! s. ^ • "s r.^fir, _: - r \,,,,,,,,,,, . • 4 '' r.! ' aift.,i J3F33. .k-• 4.• 3 . .3,...° tot,:at,, I.ey/ - '1: ..-‘ ..e* . ...,5.,,,,,,4:>, y�� a ir'_:" • • $. i.� .•.... tt. { Prairie Center Drive _ Ile. L'147:0 , •I 7, r1.4 d ., _ ,y4 �in `f- I ' --_ :111j.,,i fi.0 - r �' _ I .•� F f• ,II. 1 S�� 1 A laIC' 1�N� �5 � . t j.......„") >' : - Ti rR Aerial Map Home Depot Garden Center Expansion/Truck Rental 13100 Valley View Road, Eden Prairie, MN 1 Ali. _ is. - * fillot ' -....1 A lito;.. • r' ' iii.r \\:.\\...:., t. /eir • •41P844/11 k triik '' . ajor ' ' r • al . • . '.._ Ir.. , 41, 4 4: ' 1,. 'ie -1, Lii. 5,,...• -;#,, t11191'4°A .._,...e ‘\* I' 1,,t-tf, a. 41.1,IC ..- ; N it .' ,iklft.oi/ A. s' ' 1 -OP' ' , ems ` h. a •.#fe'_.�k416 - All. , f'.. t "- � • - \ ■ ftk' rye ■ Proposed Penske y . ti i' yam' Truck Parking F l /�� r s 2c, fi a e. iProposed Garden �� . # r , Center Expansion �, r s 4,r...w -=- .;11 1 , Go iffr—V -f ram/ w*;4 $kik ,74 14J � �a.�L IF A 4 ,,,, 4 , . , . A ,... J , -/ _ , L a 1Ai eSikt - 41 r Valley View Road r F t Prairie Center Driver 1 i� t � UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, OCTOBER 8, 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 Kirk called the meeting to order at 7:00 p.m. Fyten and Stoltz were absent. II. APPROVAL OF AGENDA MOTION by Wuttke, seconded by Schultz, to approve the agenda. Motion carried 7- 0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON SEPTEMBER 24, 2012 Pitzrick had an amendment to the minutes on page 5, paragraph 11. He would like "on the land" added to the end of the sentence. MOTION by Frank, seconded by Schultz, to approve the minutes as amended. Motion carried 6-0. Lee abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS October 8, 2012 Page 2 A. HOME DEPOT GARDEN CENTER EXPANSION/TRUCK RENTAL, by Greenberg Location: 13100 Valley View Road Request for: • Planned Unit Development Concept Amendment on 13.16 acres • Planned Unit Development District Review with waivers on 13.16 acres • Zoning District Amendment within the Commercial Regional Service zoning district on 13.16 acres • Site Plan Review on 13.16 acres Dave Behrens, representing Greenberg Farrow, presented the proposal. He said they would like to expand the garden center to the south. He utilized the overhead projector to show where this expansion would take place. He said it would be a 7,365 square foot expansion. With this they will be putting in foundation, fixing sidewalks and installing fencing around the area. In addition to the expansion, they would like to add the Penske Truck Program to the business. They will rent out trucks to customers. In regards to parking, 32 stalls will be eliminated with the garden center expansion and 16 spaces for the truck rental area. This will still leave 580 spaces and code requires 560. They will also be adding more trees to the area. Vice Chair Kirk asked Franzen to review the staff report. Franzen stated staff recommendation is for approval based on page 2 of the staff report. Vice Chair Kirk opened the meeting up for public input. There was no input. MOTION by Schultz, seconded by Wuttke, to close the public hearing. Motion carried 7-0. MOTION by Schultz, seconded by Frank, to recommend approval of the Planned Unit Development Concept Review on 13.16 acres, Planned Unit Development District Review with waivers on 13.16 acres, Zoning District Amendment within the Commercial Regional Service zoning district on 13.16 acres and Site Plan Review on 13.16acres based on plans stamped dated September 28, 2012 and the staff report dated October 5, 2012. Motion carried 7-0. VII. PLANNERS' REPORT A. TOWN CENTER LIGHT RAIL STATION ALTERNATIVES AND OPERATION & MAINTENANCE FACILITY ALTERNATIVES Presented by David Lindahl, Economic Development Manager and Janet Jeremiah, Community Development Director October 8, 2012 Page 3 VIII. MEMBERS' REPORT A. CITIZEN ADVISORY COMMITTEE—LIGHT RAIL IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION by Lee, seconded by Schultz, to adjourn the meeting. Motion carried 7-0. There being no further business, the meeting was adjourned at 7:59 p.m. 1339c; fr►i-f-14 1.-a44e darn Prairie, MN 553 c,-3g& ©cf"ok v 9( l2- devi Prairie, Gay Mayor avid Coumci 1 CH y o f vt graivi.e go o M i-tdhlel l Rogd 1de vt Pvai vie, MN 55344-2a►30 Dea r Mame avid rrlevvi bens of-1-14-Coonc.i 1, w 'v it -Nit is (e-I+e�- Iry oU iv► vgst?nose_-fo-lie No repo*- -�i de i Con-ter EX v iov► Pu l rc Ftearivi Nohce that-was mailed -to our add cress My ivipq-t- i vt rerevris-(o-fi v�o nis p 'ecf-cov�ce v-vis 44 e un i to hotse s r-tuafiovt 4ti►at- avi opevi a i�-optedern cc n-tev-kvemAvt i i-Fs ivrto a rresidevl-t is( avea across a �oviiv , bouvtdarry. As kowleowilos si+uated ki -,cf-fv 14-ovvie. D- • / viiy kusbavid avid T In ave atmQdy liad to personal I1/d l w 1{-(4-f e. noise�tlnat comes-Fvovvi -Nne aarrrigvl Cev-I-er tvrtevcovin s-k wi we hear VS de our ho e v4ietn our' wividows are, v1 . This noise i vic(ud es music, audio ivi-stoves common i urn ca-hours, and -clue pVtovie rivt-tvvles -lthat-covih'vue rjvc ivy un-E-il a�sered. Duriook rnorrmal busin.ess hours,-thew audible-cownwiuhiczfiovts are.. t Y id e sf aocis b l e • lou+--11/1 Z vvi vs i c avid p(it oV e. rj_ -fov►es ea/If-lout -Wiroi.�.ou-l--Wie. rn -}-�-i vote Inours a�.d dui' -fine. holidays wkievl a'heS re i losed. Wald r u e,at'2.AM ' • -Hie_ I lnovle-Mat we- hear-Ream-I�te, Home-peps 'Ct/l ('44 4eev is distuv'bivt• ivi our fivivwroo duri►not,*te- viroi,t-l-- abte -b 3i a(o -�'b-fin& vmusi c l rics* at-we- l�leav� IIn�Q'roro� -f�heitr you s sf , is v1 o-f--Fuvin. . y / Sowie--h nes- his orme-L e o-t--souv►d issue has come up iv wv rFo ►PI IV a-f- ouv- Condo vv►wii uw A ssoc is ti ovt. wreeti- • s' auid ivt Govtvetr i-joos w i+k our viei bons; (out- if has ! eined unresolved because as a 3vo or as tvtdividual Inorwieowvtevs vio owe has pursuer) a vPsol* O Icv . Pev►s -4�te, Iaovueowherrs ' rnov-14 of Howie,De o - also disfuv-b • r bu-t'sivvipt evtdure `fi4e yr i tivhQ vt©ite-W vvl --Wte c�l-ter l i ke wado . d o vtofe. -f 4th- wicf Howie Dew s-byes ivt-f e'T�Nivt Ci-�es, are vao+ zovred next- -to movies. Fd2n Prairie_-Pacrli-ly is p?rhaps unit ale 4o-( leiir l�.V�ni d3S vtS. Cyan. +Ind z-on is uvli o vlessVl�v1� coK�1(_ '?�1�, e �J� Yl.5td2v2d -1- C7I x v , ut ittivieownevs bovder e ► in r . vris tAois 7 O I to. e ; o e►61) - space is cvvase Hite !Ai• .ice. _ ied i vi#v fit vest. a l e Their i = ? (6 si• oT i ivi$er }; Iv% &- C :; : t , :f. v. 7 f is s �i�►c� i is i!!l 'Lie ► iat 7 1s v® if e- ► ' •1 Does e Dip• ha‘",e a policy iv I v- vi f isg• ne i e- C01411►I i _ ti,, - ,. -. policyas -t - ve • b Throw) out -ri P have not kviotAm wheve--1-c) our v s • id reallyusevour he1pi I i / is issue, c. g-F ve., opevi m our i •r 5 :.T, i r Y vvi loaf • Re-spy-et-Full / i iokei CITY COUNCIL AGENDA DATE: October 16, 2012 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.C. Community MAC Development Parcels Development/Planning Janet Jeremiah Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Guide Plan text amendment to Chapter 3 of the City's Comprehensive Guide Plan which will identify Airport Commercial and Airport Office zoning for the proposed parcels which are currently guided Airport, and a text amendment to Chapter 5 of the City's Comprehensive Guide Plan relating to safety zones; and • Approve 1st Reading of the Ordinance for a text amendment to Chapter 11 of the City Code to create the Airport Office and Airport Commercial Zoning Districts. Synopsis The Metropolitan Airport Commission has identified 6 Development Parcels at Flying Cloud Airport for potential future development for Airport Office or Airport Commercial uses. In order for this to happened there is a three part process of public hearings 1. Guide plan text amendment to chapter 3 and 5 of the guide plan; and chapter 11 text amendment 2. Rezoning of the 6 development parcels. 3. Site Plan Review of the 6 development parcels. Background Information Chapter 3 of the Comprehensive Guide Plan is the land use chapter. This chapter identifies different types of land uses and the corresponding zoning districts to regulate the development of the land use. The corresponding zoning for the Airport Land Use category is Airport Commercial, and Airport Office. The proposed change is to page 3-4 and Figure 3-4. Chapter 5 of the Comprehensive Guide Plan is the transportation chapter. This chapter identifies indentifies all modes of transpiration including roads, transit, trails, sidewalks and aviation. The proposed changed is related to safety zones based on the draft JAZB (Joint Airport Zoning Board) ordinance. The proposed change is to page 5-20,replace Figure 5.13 and add Figures 5.13A, 5.13B and 5.13C. The development standards for Airport Office are the same as the Office Zoning District. Buildings would be brick and glass, loading and parking areas screened, setbacks landscape with trees and shrubs, and stormwater treated to city and watershed district standards. The development standards for Airport Commercial are the same as the Commercial Zoning District. Buildings would be brick and glass, loading and parking areas screened, setbacks landscaped with trees and shrubs, and stormwater treated to city and watershed district standards. The Airport Commercial District will also have standards for a gasoline/convenience store. (a) All buildings and pump canopies should have peaked roofs and relate architecturally in scale,proportion, materials and detail, and color with the building. (b) Pump canopies shall be connected with the primary store structure. Pump canopies shall be located behind the store and oriented away from adjoining residential areas. Canopy ceiling should be textured or have a flat finish. (c) All site walls, screen walls and pump island canopies should be architecturally integrated with the building with similar materials, colors, and detailing. (d) Average horizontal luminance at grade shall not exceed 10 foot-candles, with individual lamps not to exceed 250 watts. The fascias of the canopy should extend at least 12 inches below the lens of the fixture to block the direct view of the light sources and lenses from property lines. Recessed non glare lighting shall be used under the canopy. Average horizontal luminance at grade at the property line shall not exceed 0.5 foot-candles. (e) Service areas, storage areas and refuse enclosures shall be screened from public view, adjacent streets and residential areas (f) A landscape buffer shall be required to provide screening from adjacent residential uses. The 120-Day Review Period Expires on January 17, 2013. Planning Commission Recommendation The Planning Commission voted 8-0 to recommend approval of a text amendment to Chapter 3 of the City's Comprehensive Guide Plan which will identify Airport Commercial and Airport Office zoning for the proposed parcels which are currently guided Airport, a text amendment to Chapter 5 of the City's Comprehensive Guide Plan relating to safety zones, and a text amendment to Chapter 11 of the City Code to create the Airport Office and Airport Commercial Zoning Districts, at the September 24, 2012 meeting. Attachments 1. Resolution Guide Plan Change 2. Staff Report(combined) 3. Development Area Map 4. Parcel 2 Map 5. Parcel 3 Map 6. Parcel 4 Map 7. Parcel 5 Map 8. Parcel 6 Map 9. Parcel 7 Map 10. Memorandum of Understanding 12-07-10 11. City Council Approved Minutes dated 12-7-10 12. Planning Commission Approved Minutes dated 09-24-12 13. Letter from resident- Abbas 14. Letter from resident - Reeb 15. Information from resident- Fedora 16. Letter from resident- Moehrl 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 Metropolitan Airports Commission is for amending the text of Chapter 3 and Chapter 5 of the Comprehensive Guide Plan. 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: • A text amendment to Chapter 3 of the City's Comprehensive Guide Plan which will identify Airport Commercial and Airport Office zoning for the proposed parcels which are currently guided Airport. • A text amendment to Chapter 5 of the City's Comprehensive Guide Plan relating to safety zones. ADOPTED by the City Council of the City of Eden Prairie this 16th day of October, 2012. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: August 31 2012 PROJECT: MAC DEVELOPMENT PARCELS LOCATION: Flying Cloud Airport APPLICANT Metropolitan Airports Commission OWNER: Metropolitan Airports Commission 120 DAY REVIEW: Expires October 30, 2012 REQUEST: 1. A text amendment to Chapter 3 of the City's Comprehensive Guide Plan which will identify Airport Commercial and Airport Office zoning for the proposed parcels which are currently guided Airport. 2. A text amendment to Chapter 5 of the City's Comprehensive Guide Plan relating to safety zones. 3. A text amendment to Chapter 11 of the City Code to create the Airport Office and Airport Commercial Zoning Districts, BACKGROUND The City and Metropolitan Airports Commission (MAC) entered into a Memorandum of Understanding in December 2010 to establish a mutually agreeable review process and regulations for development parcels at Flying Cloud Airport. PUBLIC REVIEW PROCESS The Metropolitan Airport Commission has identified 6 Development Parcels at Flying Cloud Airport for potential future development for Airport Office or Airport Commercial uses. In order for MAC to develop these parcels, the following steps are required. Step 1: A public hearing at the September 10, 2012 Planning Commission .meeting to review the following requests. • A text amendment to Chapter 3 of the City's Comprehensive Guide Plan which will identify Airport Commercial and Airport Office zoning for the proposed parcels which are currently guided Airport: • A text amendment to Chapter 5 of the City's Comprehensive Guide Plan relating to safety zones. ■ A text amendment to Chapter 11 of the City Code to create the Airport Office and Airport Commercial Zoning Districts. Step 2: A public hearing at the City Council to review the text amendments to the Comprehensive Plan and text amendment to Chapter 11, Step 3: Public hearings to review rezoning of the 6 Development Parcels to Airport Office or Airport Commercial. Step 4: Public hearings to review site plans for the 6 Development Parcels on the proposed 6 parcels. The public hearings in steps 2, 3, and 4 will be held at later dates and property owners will be notified red of the hearing date(s) and time(s). PROPOSED GUIDE PLAN TEXT AMENDMENT CHAPTER 3—LAND USE Chapter 3 of the Comprehensive Guide Plan is the land use chapter. This chapter identifies different types of land uses and the corresponding zoning districts to regulate the development of the land use. The corresponding zoning for the Airport Land Use category is Airport Commercial, and Airport Office, The proposed change is to page 3-4 and Figure 3-4. PROPOSED GUIDE PLAN TEXT AMENDMENT CHAPTER 5-TRANSPORTATION Chapter 5 of the Comprehensive Guide Plan is the transportation chapter. This chapter identifies indentifies all modes of transpiration including roads, transit, trails, sidewalks and aviation. The proposed changed is related to safety zones based on the draft JAZB (Joint Airport Zoning Board) ordinance.The proposed change is to page 5-20, replace Figure 5.13 and add Figures 5.13A, 5.13B and 5.13C, PROPOSED AIRPORT OFFICE STANDARDS The development standards for Airport Office are the same as the Office Zoning ❑istrict. Buildings would be brick and glass, loading and parking areas screened, setbacks landscape with trees and shrubs, and stormwater treated to city and watershed district standards. 2 PROPOSED AIRPORT COMMERCIAL STANDARDS The development standards for Airport Commercial are the same as the Commercial Zoning District. Buildings would be brick and glass, loading and parking areas screened, setbacks landscaped with trees and shrubs, and stormwater treated to city and watershed district standards. The Airport Commercial District will also have standards for a gasoline/convenience stare. (a) All buildings and pump canopies should have peaked roofs and relate architecturally in scale, proportion, materials and detail, and color with the building. (b) Pump canopies shall be connected with the primary store structure. Pump canopies shall be located behind the store and oriented away from adjoining residential areas. Canopy ceiling should be textured or have a flat finish. (c) All site walls, screen walls and pump island canopies should be architecturally integrated with the building with similar materials, colors, and detailing. (d) Average horizontal luminance at grade shall not exceed 10 foot-candles, with individual lamps not to exceed 250 watts. The fascias of the canopy should extend at least 12 inches below the lens of the fixture to block the direct view of the light sources and lenses from property lines. Recessed non glare hghting shall be used under the canopy, Average horizontal luminance at grade at the property line shall not exceed 0.5 foot-candles. (e) Service areas,storage areas and refuse enclosures shall be screened from public view, adjacent streets and residential areas (f) A landscape buffer shall, be required to provide screening from adjacent residential uses. STAFF RECOMMENDATIONS The staff recommends approval of the following 1. A text amendment to Chapter 3 of the City's Comprehensive Guide Plan which will identify Airport Commercial and Airport Office zoning for the proposed parcels which are currently guided Airport. 2. A text amendment to Chapter 5 of the City's Comprehensive Guide Plan relating to safety zones. 3. A text amendment to Chapter 11 of the City Code to create the Airport Office and Airport Commercial Zoning Districts. 3 City of Eden Prairie Comprehensive Plan Update Public/Quasi-Public aircraft operations, this 549 acre area includes all runways, runway aids, taxiways Public: This category designates land for and hangars. Further, facilities housing publ.ically owned schools, city hall, and fire personnel and aircraft to conduct aircraft and stations. The corresponding zoning is maintenance and aircraft related businesses Public. are present within this area. The area also includes school facilities for the training of Quasi-Public: This category includes aft traffic control candidates and airplane privately-owned uses that resemble public mechanics. MAC has maintenance uses such as land held by associations, equipment buildings in this area and the country clubs, and private schools. The Federal Aviation Administration air traffic corresponding zoning is Public. control tower is within this area. MAC also leases property in this area to the City for Church/Cemetery ball field use. The principal activities in this area involve the active congregation of This category includes land for places of people utilizing runways, aircraft, buildings worship and cemeteries. The corresponding or structures. zoning is Public Approximately 245 acres of the airport is Calf Course devoted to airport safety, park/open space, agriculture, and aircraft navigation Golf, golf holes, practice ranges and greens, structn es. Airport safety areas are required tennis courts, club houses, swimming pools, by both federal and state law. Airport maintenance and storage buildings, pump navigation structures are present in this area houses and wells, shelter-houses, cart paths, consisting primarily of lights for aircraft irrigation facilities, croquet, lawn bowling, landing approaches. (Some navigation platform tennis, cross country skiing, snow structures also exist in the 549 acre area.) shoeing, ice skating and other passive See figure 5-13 identifying safety zones. recreational activities with non-motorized The 245 acres also includes park/open space use, provided however motorized golf carts areas where there is no congregation of are permitted. The term "golf course" does people or structures, Agricultural use, the not include permanent or temporary growing of a variety of crops, also takes residential use or transient hotel use, The place in this area but no agricultural corresponding zoning district is GC-Golf structures are located within the area. The Course, principal activities in this area will not involve the active congregation of people Airport utilizing aircraft, building or structures. This area will not be occupied by the more This category includes approximately 794 active use described above for the 549 acres acres of land known as Flying Cloud absent a change in the Comprehensive Airport, owned by the Metropolitan Airports Guide Plan and zoning. Commission(MAC). Both areas are depicted on figure 3•4. The Approximately 549 acres of the airport is corresponding zoning is Airport. devoted primarily to aircraft takeoff, landing and taxing operations. Associated with Amendment to page 3-4 Land Use Chapter Comprehensive Guide Plan Airport This category includes approximately 794 acres of land known as Flying Cloud Airport, owned by the Metropolitan Airports Commission(MAC). A-1 is approximately 540,55 acres of the airport is devoted primarily to aircraft takeoff, landing and taxing operations, Associated with aircraft operations, this 5,10.55 acre area includes all runways, runway aids, taxiways and hangars. Further, facilities housing personnel and aircraft to conduct aircraft maintenance and aircraft related businesses are present within this area. The area also includes school facilities for the training of air traffic control candidates and airplane mechanics. MAC has maintenance equipment buildings in this area and the Federal Aviation Administration air traffic control tower is within this area. MAC also leases property in this area to the City for ball field use. The principal activities in this area involve the active congregation of people utilizing runways,aircraft, buildings or structures. A-2 is Approximately 160,69 acres of the airport is devoted to airport safety, park/open space, agriculture, and aircraft navigation structures. Airport safety areas are required by both federal and state law. Airport navigation structures are present in this area consisting primarily of lights for aircraft landing approaches. (Some navigation structures also exist in the 540,55 acre area.) See figure 5-13 identifying safety zones. The 160.69 acres also includes parkfopen space areas where there is no congregation of people or structures. Agricultural use, the growing of a variety of crops, also takes place in this area but no agricultural structures are located within the area. The principal activities in this area will not involve the active congregation of people utilizing aircraft, building or structures. This area will not be occupied by the more active use described above for the 549 acres absent a change in the Comprehensive Guide Plan and zoning. Approximately 70,36 acres of the airport is devoted to future development by and at the request of MAC. A-3 is for commercial uses (12.79 acres). A-4 is for office uses (57.57 acres) All four areas are depicted on figure 3-4. The corresponding zoning is Airport, Airport Commercial,and Airport Office. #I i i * {rrt► tits,;„ IN■y l ..F:IVI[) i1+t i.$0N& e %..,,: 1_i_:I3I 1;A14t1u1.nir 1 —1141 Cr•= ■1 all►►4A, „s C �� ,," Q' mow' i fM11.rO.11a.1 ni.il 121l4l01A111 - 071Aa.1„1-.1I.I,i,,.F,. i1: �I,ryllll{Iw ui ■� � 1lrraf.l�=44/ , .,�,Q 1111{I1f uric: -.Mk ww r■—IIINL ■rl / m, 4T ia,v ?'. +tv■S 4 1rj 7 w r iIi■{III R M#Tt r .I:, 0 �t:a#ti^aeimmllll_' i k� �rlll 11 .,r1NIII1111�� /� � S : r u i ��■Ill / � aH,1 :- iii, C 0'44lib _ ....„._ I1 Al$1 AI 1 ski alit r 'Ai•. IIMI 11111.11111 Eli Ins°"-=�=1!t\t'� � uSC.�E 7'�ti�i G em 11' IEi.orrA 3• ir µ.IP1111I/{ art~ mow 10 :''.i NI A94-. "WEN,. 11111L 0 144 1 NY prim mum 1 y.,,,„q.„,. y? /`'l 1rpy;i ;;r4,Pr + n �ii.iu Cam ..i+ Iuppw----iiiimist. w lid ,___. :iiIm-'mIlr AMAMMININE,- —.oldie& IMMIAll',04,C sar mom i L. ...\ A-1 N Li A-2 A 0 750 1� 3`0°°irport Boundary I"aal o AURPOU"i - 'Ll110 EN COMPREHENSIVE PLAN UPDATE 2007 Figure 3,4 PRAIRIE IE July 28,2009 „, taiii...1-4,,,,uivez, 00 � � `eling Lit,,,,i0; wu ] jel► Y” oval c x ' � tit Mil- �11 � ilti ISO_ c ' a00 O 'Tfl IIr L �� ma :E2:: � •Lr�� 47.- pig pi i 1.1 _41 ma No 0.. ism all=', i! "irift =riaZAP, wcg L iits h.1 tWa @�■hilt V }II ai 1 � ����1�},1� ►� * � � .lily Or ■ 44,,,, 4 tr 4 • fi rzlimW / • 10 :AN. a it a l;: ,� °n?lirli V ".. ff , Ili 1 irrrrrr►rr�h pro a = i0l� D4111, r as- 1 Mj 441 amVel r y � �` IIf l i #$ e�+� — 1 ____Di ,f _� r10 . a 1 at r►.. . II ,,) 1 if \'�l J 1 Z n N A-2 0 ma 1,500 3,000 Egg A-3 �— r f1—: —Airport Boundary A ilEim f2 gm AIRPORT Figure 3.4 EDEN PRAIRIE August 10 2012 City of Eden Prairie _ Comprehensive Plnn Update that is shown in the then-current from vertical intrusions by reviewing Comprehensive Plan as being exposed to development proposals for consistency with Airport noise in excess of DNL 60 dBA. FAA and Mn/DOT Office of Aeronautics airspace criteria. The City's zoning AIRSPACE AND LAND USE SAFETY ZONES ordinance contains height limits ranging between 30 and 45 feet, depending on the Formal safety zones for the airport to reflect zoning district. Towers and antennas may State standards can be created only by be higher. All development proposals are creation of a zoning authority by MAC or a reviewed based on the airport zoning height joint, zoning authority of MAC and Eden map, as shown in Figure 5.12. Any height Prairie. The MAC has riot created the zoning request that may potentially impact the authority permitted by state law to control airport height restrictions is submitted to the development in these areas. Eden Prairie FAA, Mn/DOT Office of Aeronautics and and MAC have been unable to reach an MAC for their review. agreement on a joint zoning authority due to unresolved liability issues. PROPOSED EXPANSION OF ''LYING CLOUD AIRPORT The MAC and Eden Prairie nevertheless use the safety zones for planning purposes. The MAC is proposing to expand Flying Figure 5.11 shows the boundaries of the Cloud Airport by extending the two parallel safety zones for the existing airport. runways and constructing additional hangar space. The Environmental Impact Statement • Safety zone A is a "no build" zone, It is (EIS) for the proposed expansion shows two-thirds the length of the runway and Runway 10L/28R extending from 3,600 feet is to be maintained free of structures. to 3,900 feet, and Runway 10R/28L e Safety zone B is a "limited extending from 3,900 feet to 5,000 feet. development" zone. It is one-third the MAC proposes to acquire a total of 280 length of the runway and the minimum acres to protect the expanded runway lot size is to be three acres. approach safety zone area and to • Safety zone C is a "height limitation" accommodate the additional hangar space. zone. It is based on the primary, The MAC has already acquired much of this horizontal, approach, transition, and property. The EIS indicates that 302,982 conical zones. aircraft operations would occur in 2010 if the proposed improvements were in place by The MAC and Eden Prairie have taken 2000. The EIS is being reviewed by the several steps to ensure the safe operation of Federal Aviation Administration for its the Airport consistent with these state Record of Decision. Figure 5.13 shows the standards. MAC has completed the majority •proposed expanded airport. of the acquisition of property potentially impacted by safety zones A and 13 to City policy supports only those changes in maintain clear approach corridors to the the airport that would retain the airport's airport. The City works with FAA and fundamental character. Without mitigation, Minnesota Department of Transportation extending the runways, building new guidelines to protect safety zone C, hangars, and abandoning the weight limit for including all primary, horizontal, conical turbojet aircraft would be a fundamental approach, transitional, and general airspace change in the character ol'the airport. 5-20 Amendment to page 5-20 Transportation Chapter Comprehensive Guide Plan (09-10-12) AIRSPACE AND LAND USE SAFETY ZONES Formal safety zones for the airport to reflect State standards can be created ❑nly by MAC or a joint zoning authority created under Minnesota Statutes 360.063. MAC created the Flying Cloud Joint Airport Zoning Board (JAZB) composed of representatives of MAC and the cities of Eden Prairie, Bloomington,Chanhassen and Shakopee. On November 16, 2010, the Eden Prairie City Council City consented to forwarding the JAZB Ordinance to the Commissioner of Transportation for review. This review has not been completed. MAC and Eden Prairie nevertheless use the safety zones for planning purposes. Figure 5.11 shows the boundaries of the safety zones for the existing airport. Figure 5-13, 5-13A, 5-13B, and 5-13C show the boundaries of the safety zones based on the JAZB Ordinance. • Safety zone A is a"no build"zone. + Safety zone B is a"limited development"zone. 0 Safety zone C is a"height limitation"zone. The MAC and Eden Prairie have taken several steps to ensure the safe operation of the Airport consistent with these state standards. MAC has completed the majority of the acquisition of property potentially impacted by safety zones A and B to maintain clear approach corridors to the airport. The City works with FAA and Minnesota Department of Transportation guidelines to protect safety zone C, including all primary, horizontal, conical approach, transitional, and general airspace from vertical intrusions by reviewing development proposals for consistency with FAA and Mn/DOT Office of Aeronautics airspace criteria. The City's zoning ordinance contains height limits ranging between 30 and 45 feet, depending on the zoning district. Towers and antennas may be higher. All development proposals are reviewed based on the airport zoning height map, as shown in Figure 5.12. Any height request that may potentially impact the airport height restrictions is submitted to the FAA, Mn/DOT Office of Aeronautics and MAC for their review. ;#!t!i * iiii r 1�� � +` `e*a"i i4,. lui . * r► 'It -I+ .1 •+�•., ., it ♦(wal�rk r++ . 1r dr -1 o° . l' a. r ►■i- - ■ ` 1 l 1 p0 T J ua ti. igt VI Mind - . WIZ M g:::- _ !�in di ����� Sri OP.Z 1; -gm QMO ii __ * i'Sm -x 6tee, -. • .. 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N... ------_____A_A .,/ ---„,._ . , : . ,p-----\\ _. _ . • ___ ___ _ _ _ Land Use Categories r�� n Rural Residential.10 Units/Acre Neighborhood Commercial Golf Course n Low Density Residential 0-2.5 Units/Acre I=Community Commercial r Church/Cemetery N Medium Density residential 2,5-10 UnitslAcre MI Regional Commercial I Open Water 0 750 1,500 i1.,OU[) ® High Density Residential 10-40 Unlls/Acre PM Town Center Right-Of-Way i.a,;i Office n Park/Open Space -Airport Industrial ET Public/Quasi-Public —•Safety Zones-Expanded ——Airport Boundary li SAFETY ZONES - EXPANDED AIRPORT 1 M C-7 N _ 13 EDEN COMPREHENSIVE PLAN UPDATE 2008 Figure 5, PRAIRIE Oct.2CC 1 1 i 1 2 CD 1 - .__5 8 '''•-•,-- 7—"-----,...\\\_, ___ ......, 10 12 nt•H3 art ' ,. .11.,..A,,,.- ::::44::s-:: , .. 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'...,,, , „. . ..... . ............................JI,,,1:::.... .. ....,.. ,III-4.111-i“ ......•,/, . ,' „.,". ........i !::....,..,,,,,,... ...,,.1.:„-...........;.;,10.,- FC111/1 Safety Zones , L L 2 3 4 MP rrii:h i nlrHq vo Safety Zo II rin it s 5 6 7 /1 -_ Plate SZ-15 9 10 1 1 12 14 5 11.. .3 Zone A(Federal RPZ) 11 1 16 =Zone B . .--.1 1 i Zone C .-N - FCM Pavement 1 22 23 24 t ,...- 0 * 625 1,250 I 1 MAC Properly (---T T) I 1 1 I Feet I P i-_-_-.D Municipal Boundaries I 1 Parcel Boundaries ------- - • r ()r(9660 1::'11)1Z5 51C,,, EXHIBIT C CITY OF EDEN PRAIRIE ] HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2010 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11 BY ADDING SECTION 11.28 RELATING TO THE CREATION OF AN AIRPORT — COMMERCIAL DISTRICT; ADDING SECTION 11.29 RELATING TO TILE CREATION OF AN AIRPORT - OFFICE ZONING DISTRICT; AMENDING CITY CODE SECTION 11.03, SUBDIVISION LA. TO ADD THE AIRPORT DISTRICTS TO THE TABLE OF DISTRICTS; AMENDING CITY CODE SECTION 11.03, SUBDIVSION LA. TO ADD CRITERIA FOR CERTAIN USES IN THE AIRPORT COMMERCIAL AND AIRPORT OFFICE ZONING DISTRICTS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. The City Council of the City of Eden Prairie, Minnesota, ordains: Section 1. City Code Chapter 11, Section 11.03, Subd. 1.A. is amended by adding the following districts to the table: DISTRICT TITLE ABBREVIATION Airport—Office A-OFC Airport—Commercial A-C • Section 2. City Code Chapter 11, Section 11.03, Subd. 2.A. is amended by adding 11.03 Subd. 2.A.I4. as follows: In the A-C District, in the case of a gasoline/convenience store, the following criteria shall apply: (a) All buildings and pump canopies should have peaked roofs and relate architecturally in scale, proportion,rnatcrials and detail,and color with the building. (b) Pump canopies shall be connected with the primary store structure.Pump canopies shall be located behind the store and oriented away from adjoining residential areas. Canopy ceiling should be textured or have a flat finish. (c) All site walls, screen walls and pump island canopies should be architecturally integrated with the building with similar materials, colors, and detailing. (d) Average horizontal luminance at grade shall not exceed 10 foot-candles,with individual lamps not to exceed 250 watts.The fascias of the canopy should extend at least 12 inches below tIae lens of the fixture to block the direct view of the light sources and lenses from property lines. Recessed non glare lighting shall be used under the canopy. Average horizontal luminance at grade at the property line shall not exceed 0.5 foot-candles. (e) Service areas, storage areas and refuse enclosures shall be screened from public view,adjacent streets and residential areas (f) A landscape buffer shall be required to provide screening from adjacent residential uses. Section 3, City Code Chapter 11 is amended by adding Section 11.28 which shall read as follows: SECTION 11.28. AIRPORT C—COMMERCIAL DISTRICT Subd. 1. Purposes of Airport C-Commercial. The purposes of the Airport C-Commercial District(A- C) are to: (1) Provide appropriately located areas for retail stores, offices, service establishments, restaurants, business and professional offices and accessory uses, gasoline/convenience stores and amusement establishments; (2) Provide opportunities for retail stores, offices, service establishments, and amusement establishments, to concentrate for the convenience of the public and in mutually beneficial relationship to each other; (3) Provide space for community facilities and institutions that appropriately may be located in commercial areas; (4) Provide adequate space to meet the needs of modern commercial development, including off-street parking and truck loading areas; (5) Minimize traffic congestion and avoid the over-loading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them; and, (6) Protect commercial properties from noise, odor, dust, dirt, smoke, vibration, heat, glare, traffic, fire, explosion, noxious funYes, and other hazards. Subd. 2. Permitted Uses in Airport—Commercial District. A. All direct retail sales to users of goods and services conducted within structures and accessory uses, • including related or supporting office and distribution uses. B. Public facilities and services. Subd. 3. Required Conditions for Airport Commercial. • A. Acceptable, approved sanitary sewer service must be provided to all occupied structures and uses. Subd. 4. Aeronautical Uses. Aeronautical Uses and Aeronautical Development Projects are not subject to the terms or conditions of the City Code. Subd. 5. Restrictions. In addition to the requirements set forth in this Section, construction of any building or structure situated within Airport- Commercial shall comply with all federal and state statutes, regulations, rules, laws, restrictions, guidance, and directives and Metropolitan Airports Commission rules and regulations concerning aeronautical safety and operation within the Flying Cloud Airport and runway protection zones. Section 3. City Code Chapter 11 is amended by adding Section 11.29 which shall read as follows: SECTION 11.29. AIRPORT-OFFICE DISTRICT Subd. 1, Purposes of Airport - Office, The purposes of the Airport - Office District (A-OFC) are to: (1) Provide opportunities for offices of a semi-commercial character to locate outside of commercial districts; (2) Establish and maintain in portions of the City the high standards of site planning, architecture, and landscape design sought by many business and professional offices; (3) Provide adequate space to meet the needs of modem offices, including off-street parking of automobiles and, where appropriate, off-street loading of trucks; (4) Provide space for semi-public facilities and - 1 institutions appropriately may be located in office districts; (5) Minimize traffic congestion and avoid the over-loading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them; and, (6) Protect offices from the noise, disturbance, traffic hazards, safety hazards,and other objectionable influences incidental to certain commercial uses. Subd. 2, Permitted Uses in Airport - Office District. A. Business and professional offices and accessory uses. B. Supporting commercial sales and services to office users within large office structures of 30,000 square feet or more. The Commercial use is not to exceed fifteen percent, (15%), of the gross Floor Area Ratio. • C. Public Facilities and Services. Subd. 3. Required Conditions of Airport-Office. A. All professional pursuits and businesses shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading areas. B. Acceptable, approved sanitary sewer service must be provided to all occupied structures. Subd, 4. Aeronautical Uses. Aeronautical Uses and Aeronautical Development Projects are not subject to the terms or conditions of the City Code. Subd. 5. Restrictions. In addition to the requirements set forth in this Section, construction of any building or structure situated within Airport — Commercial or Airport - Office District shall comply with all federal and state statutes, regulations, rules, laws, restrictions, guidance, and directives and Metropolitan Airports Commission rules and regulations concerning aeronautical safety and operation within the Flying Cloud Airport and runway protection zones. Section 6. City Code Chapter 11 is amended by adding Section 1 l.02, 73 which shall read as follows: 74. "Aeronautical Uses. and Aernautical Development Project" - Any airfield project, hangar project, FBO development project, FBO facility development project, airport roads or fencing, or other facilities or improvements at the Flying Cloud Airport that involve or are directly related to the operation of aircraft, including activities that make the operation of aircraft possible and safe, or that are directly and substantially related to the movement of passengers,baggage, mail and cargo. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. Section 7. This ordinance shall become effective from and after its passage and publication, FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of 20_, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 20_. Kathleen Porta, City Clerk , Mayor PUBLISHED in the Eden Prairie News on the day of ,20 P:IHome11610.03 t-MAC Airport Zoning&Expansion\Dncnments\MOU-Development12010 12 02 MOU Draft-Clean by rfr.DOC //I 1♦ McCoy Lake ii4,,:�i / et/Rock L e ♦ 411ii k# *'*,Eig,,t )` ��� = ���� U � Gig ®oe. bi N. ok► Apitilleptill IV oill111111.1114WIPE/A L6'' 7 se a 11rma01-- ��e111 1 1 1 1 1 1 1 1 1 1 1 1 0.0.i.11I.1O.-,mgA;.=.al N 07.6..„:jl_l NL ;1\■■aW #6f<, 0 Ir.j.I■11111 rI 1►►� 111 �IFa■ m_■g�C11111 ■ ii �� — 1,110- A,/ ♦°0 U irSi nn m 1NM4-imp ta.i ■0,1r, U. ` E y V _i Et 111' \■ bps I mmp%„I �i,00 aW 1. I I I I i'll ■ e 1�I*‘pi15 MO j��**Aaw III/le1�/ �P �" - ��I I 17 ■� AM I! Staring Lake ■���—EV, 111I �i o� i�r�� 0:•I1111111�� �� ��� 1 porra'�,►o� r_TA •04 I'lll11llllll� ���� �■11■ weir 111� im A ,, �I��� 1'■ooat 1 _,i , Pri s pNo, omilSk 4 -,,Iri limb % 4 . �� 4§ 41111 TAIIS Ze ...p■l l i ..... b .,==No 4"r if ill iES L /11■ ,�.1 - ' a i��/pII ��, �� � 14:1,,,„Ilmir'4�V i 1s Gro;..0, -4 Iittit .0 r ik•ea ri 0 mid tr] olki16 m ;o 000v ' :, W. hAlt lati.a yid��►O��O41�� D ■OA�i�i�ersQQD .s Grass Lake ? ,AIL IIIM mt,`•�:,�I%a- Littio Rrce ake— 1�\\�\■�\�ii i, N 24 July,2012 MAC PROPOSED DEVELOPMENT PARCELS W�� PARCELS PROPOSED RE-ZONING OF DEVELOPMENT PARCELS PROPOSED RE-ZONING OF DEVELOPMENT 2 38.98 acres A-OFC (Airport-Office) 5 1.13 acres A-C (Airport-Commercial) 5 3 4.28 acres A-C (Airport-Commercial) 6 18.59 acres A-OFC (Airport-Office) Airport Office 4 4.16 acres A-C (Airport-Commercial) 7 3.22 acres A-C (Airport-Commercial) -Airport Commercial OAirport Boundary Area Location Map Metropolitan Airport Commission (MAC) Development Parcel #2 � F. n\7 - ys AllIu Im � �` ard I/ Elm ii �i ( I I 111--� IUU'I `y► u ■wpmkims ■ ■ zOtll* ■it ■ i■■■■u1 IN int■ e , ■imi � �� :i4r..0 iIIl a E�ir, �` nit m 2• ■■■w 111 a _ ■■�//��►�♦ ■ �� mom • lia Hilltop Road r Mitchell Road ,',, • • =:! Shetland Road f =.'ommm,m��� , Ms.�•' h' II 111111111111 III•4111111E111wig �, d I(4 Igivli Spring Road I Parc : I2 ri Eden Prairie Road Prospect Road 1 14'1 1100 111111g1 .NE "ROI 4I 1le 4"-, , II%1/ III! �� Iftimimmomm � _ krriiii''�� wv Ik- IIMIll 1 *Ili • a — 1 Hi i i „„ ratilme _ ������� -_ . yip I. __ O1=1:��iiii/pi IllIllIllIlI1111 t���♦•.• LIMIll ill r III 11111111 I I I I I t0 4444 `,�♦ �� � • �� ,25�V MI 1 2,500 Feet 4r 111 =.- 1 Area Location Map Metropolitan Airport Commission (MAC) Development Parcel #3 Palmetto Drive ( / C West Sunrise Circle I / Olt 0* .444ir 44p Patel 3 Pioneer Trail %,/ Pioneer Trail N Mitchell Road 0 260/ 520 1,040 Feet 1 1 1 I 1 1 1 Area Location Map Metropolitan Airport Commission (MAC) Development Parcel #4 West Staring Lane Victoria Drive i' Staring Lake East Staring Lane ► l#40. Staring Lake Parkway Parcel 4 Pioneer Trail 0 270 540 1,080 Feet Area Location Map Metropolitan Airport Commisson (MAC) Development Parcel #5 Yorkshire Lane — Elm No. JI Parce Flying Cloud Drive Pioneer Trail 0 245 490 980 Feet Area Location Map Metropolitan Airport Commission (MAC) Development Parcel #6 L_ Pioneer Trail AmTree Farm Road Parcel 6 *el 1rP We#, 844 le 0 310 620 1 T Area Location Map Metropolitan Airport Commission (MAC) Development Parcel #7 / -,_- 1 L ♦ ♦I ♦/ 0 A ♦ 40 r* IIII: 1♦� Flying Cloud Drive 'k �� - __ W _ — Na 2 Yorkshire Lane ,0000007 I / Parcel 7 Tree Farm Road Pioneer Trail N 0 310 620 1,240 Feet IIIIIIIII MEMORANDUM OF UNDERSTANDING REGARDING CERTAIN DEVELOPMENT PROJECTS AT FLYING CLOUD AIRPORT This Memorandum of Understanding ("MOU") is entered into as of the 7th day of December, 2010 between the City of Eden Prairie ("City") and the Metropolitan Airports Commission ("MAC") to establish a mutually agreeable procedure for certain development projects at Flying Cloud Airport. In exchange for all of the commitments in this MOU, MAC and City agree as follows: A. Definition of Development Project. For purposes of this MOU, the term "Development Project" means any development project at Flying Cloud Airport, except any Aeronautical Development Project. An Aeronautical Development Project is any airfield project, hangar project, FBO development project, FBO facility development project, airport roads or fencing, or other facilities or improvements that involve or are directly related to the • operation of aircraft, including activities that make the operation of aircraft possible and safe, or that are directly and substantially related to the movement of passengers, baggage, mail and cargo.) B. Procedure for Development Projects. The following shall apply to all Development Projects: 1. MAC has identified certain properties currently available for a Development Project, which properties are set forth on Exhibit A attached hereto and hereinafter referred to as "the Development Parcel(s)." By mutual written agreement, City and MAC may agree to add additional properties to Exhibit A in the future, which properties shall then be considered by City Council for rezoning to either Airport - Commercial or Airport— Office as specified by MAC and consistent with the terms and conditions of this MOU and the procedures set forth below. 2. Each Development Parcel is guided in City's Comprehensive Guide Plan as "Airport." A Development Project occurring on a Development Parcel is consistent with, and will not require modification of City's Comprehensive Plan. 3. City and MAC desire to agree upon a process by which Development Projects will proceed on Development Parcels. MAC does not agree that City possesses jurisdiction or legal authority to zone the Development Parcels. City maintains that it has the authority to zone non-aeronautical uses on the Development Parcels. City and MAC hereby reserve all rights, remedies, claims, defenses or arguments that each party may possess with respect to this dispute, and nothing in this MOU shall be construed as a waiver, compromise or relinquishment of any such rights, remedies, claims, defenses or arguments by either party. 4. City proposes to bring forth for City Council consideration an amendment to Chapter 11 of the Eden Prairie City Code that establishes new zoning districts for that portion of the City of Eden Prairie guided as Airport in City's Comprehensive Guide Plan (hereinafter referred to as the "New Zoning Districts Amendment"). The new zoning districts are proposed as follows: (1.) Airport - Commercial ("A-C") and (2.) Airport - Office ("A- OFC"). A copy of a proposed ordinance adopting the New Zoning District Amendment is attached as Exhibit C hereto. 5. If the New Zoning District Amendment is adopted, City intends to initiate the process by which it will consider the re-zoning of each Development Parcel to the zone identified on Exhibit B. Written notice of the proposed re-zoning will be provided by City to property owners as required by state law. State law currently requires notice to owners of ' property within 350 feet of a site proposed for zoning. 6. If City re-zones each Development Parcel as set forth on Exhibit B, MAC agrees not to object to City's assertion of itsalleged zoning authority to the extent set forth in this MOU. 7. If the Development Parcels are re-zoned as identified on Exhibit B, the site plan and architectural design review process set forth in City Code Section 11.03, Subd 6 will be followed with respect to any specific Development Project that is proposed to occur on a Development Parcel. An applicant may apply to City for a waiver, amendment, alteration, or variance of any applicable Airport — Commercial or Airport — Office zoning district requirement. No site plan or architectural design review or approval shall be required for an aeronautical use or Aeronautical Development Project on a Development Parcel. 8. City will cooperate with MAC and project developers on provisions for sewer and water services, storm water retention requirements and necessary curb cuts to public streets for development of Development Parcels. Except for improvements made to Development Parcel 3 MAC will pay its share of actual costs for sewer and water services, storm water retention requirements and necessary curb cuts made for a Development Project on a Development Parcel, including engineering, escrow, or permit costs, pursuant to the City's standard policies and subject to any and all rights MAC may have under state law. City and MAC hereby reserve all rights, remedies, claims, defenses or arguments that each party may possess with respect to costs incurred by City for any improvements that are not related to a Development Project, and nothing in this MOU shall be construed as a waiver, compromise or relinquishment of any rights, remedies, claims, defenses or arguments by either party with respect to any special assessment levied by City against the Development Parcels. As to Development Parcel 3 City and MAC agree to apportionment of the costs as set forth on Exhibit D hereto. C. Effectiveness and Termination. This MOU shall be binding upon the parties only if City adopts the New Zoning District Amendment and re-zones the Development Parcels in accordance with Exhibit B. Either party may terminate this MOU immediately at any time upon written notice to the other party as set forth in Section D hereof MAC's obligations to pay for costs incurred by City pursuant to Section B(8)hereof shall survive termination of this MOU. Notice of termination under this Section shall not be subject to the dispute resolution procedures set forth in Section E hereof. D. Notice. Wherever any notice or other communication is required or permitted hereunder, such notice or other communication shall be in writing and shall be delivered by hand, by nationally-recognized overnight express delivery service, by U.S. registered or certified mail (return receipt requested, postage prepaid), or by electronic."fax"transfer(conditioned on prompt telephone confirmation, with copy to follow by regular mail)to the addresses set out below or at such other addresses as are specified by written notice delivered in accordance herewith: • CITY: City of Eden Prairie Attn: City Manager 8080 Mitchell Road Eden Prairie, MN 55436 Telephone: (952) 949-8410 Fax: (952) 949-8589 MAC: Metropolitan Airports Commission Attn: General Counsel 6040 28th Avenue. South Minneapolis, MN 55450 Telephone: (612) 726-8100 Fax: (612) 726-5306 Such notices shall be deemed received (a) as of the date of delivery, if delivered by hand by 4:00 p.m. Central on a business day, (b) as of the next business day, if tendered to an overnight express delivery service by the applicable deadline for overnight service, (c) as of the third business day after mailing, if sent by regular mail, or (d) as of the date of fax transmission, if properly transmitted by fax prior to 2:00 p.m. Central (if transmitted after said time, any such fax transmission shall be deemed received as of the next business day). E. Dispute Resolution. 1. Notice of Default. At no time shall City or MAC be deemed to be in default under, or in breach of, this MOU unless and until the other party has provided written notice to the other specifying such alleged breach or default ("Notice of Default") and such alleged breach or default has not been cured as provided in Paragraph E. 2. below. 2. Right to Cure Default. The party who has received a Notice of Default shall have thirty (30) days in which to cure the alleged breach or default and provide notice to the other party that such alleged breach or default has been cured. 3. Informal Dispute Resolution. Immediately after receipt of a Notice of Default, the Executive Director of MAC and the City Manager of Eden Prairie shall meet and attempt to resolve the matter. 4. Formal Mediation. If the parties fail to resolve the matter informally under Paragraph E. 3 within thirty (30) days, the parties shall submit their dispute to a mediator. The parties shall have ten (10) days to select a mediator. If the parties are unable to agree upon a mediator, the Chief Judge of the 4th Judicial District, Hennepin County, Minnesota, shall select a mediator. The mediation shall be conducted pursuant to the rules generally used by the mediator in the mediator's practice, provided that the entire mediation process be concluded within 30 days of appointment of the mediator, or within such other time as the parties may agree in writing. If the mediation process fails to resolve the matter, both informal and formal dispute resolution shall be deemed to be complete. 5. Costs of Alternative Dispute Resolution. Each party shall bear its own costs of the informal dispute resolution process and formal mediation process described above. The parties shall share equally the fees and expenses of the mediator. 6. Dispute Resolution Process Mandatory. No action shall be commenced in any court to enforce or otherwise apply, interpret, or seek cure for a breach of, this Agreement, excluding an action requesting preliminary or temporary relief, before the completion of the informal and formal dispute resolution process set forth in this Paragraph E. Neither party shall assert, plead, raise, allege, or rely upon the applicable statute of limitations, laches, timeliness, delay, or any other defense based on the passage of time during the dispute resolution process in any subsequent judicial or administrative proceeding. The dispute resolution provisions set forth in this Paragraph E shall apply only to MAC and City, and shall not apply to any successor in interest to either Party. 7. Confidentiality. The alternative dispute resolution process described in this Paragraph E constitutes compromise negotiation for purposes of applicable rules of evidence. Information prepared for or disclosed during the alternative dispute resolution process shall be inadmissible in evidence pursuant to Rule 408 of the Federal Rules of Evidence or Rule 408 of the Minnesota Rules of Evidence, and shall be withheld from disclosure to the maximum extent permissible under the Minnesota Government Data Practices Act and other applicable laws. 8. Waiver of Rights. The failure of either party to object to or to take affirmative action with respect to, any conduct of the other which is in violation of the terms of this • Agreement shall not be construed as a waiver of such violation or breach, or of any future violation, breach or wrongful conduct. Subsequent acceptance of performance - under this Agreement by City or MAC shall not be deemed to be a waiver of any preceding breach by the other Party of the terms of this Agreement, regardless of City's or MAC's knowledge of such preceding breach at the time of acceptance of performance. No waiver or relinquishment of a right or power under this Agreement shall be deemed a waiver of such right or power at any other time, nor shall any failure of either party to require or exact full and complete compliance with any of the covenants or conditions of this Agreement be construed as changing in any manner the terms hereof or preventing either party from enforcing the full provisions hereof. IN WITNESS WHEREOF, MAC and City have signed on the date(s) indicated below, intending to be bound thereby. . MET PO TAN AIRPORTS CO SSION CITY OF 11,1�. I. , ' ' : f By: By:• _ ,_i Name: J Name: Phil Young / Title: E)(e_c --- Title: Mayor Date: J aJ ij 0 Date: l J 7 2D 0 By: 4-. Name: y L amines . Title: Interim City Manager Date: //1-174/O/O • State of Minnesota County of 41 en r-p 1 In This instrument was acknowledged before me on the oZ9 day of Ie.Cnm f-;2010 by 4^e V\C Q Yyj 1 e as the authorized resentative oft Airports Commission. • (Now' al) - p'� C _!�. :, al officer ;: ,, TAMMY LEANN RADER r• If ' 1- d n11 n s‹,4 :,...,,,,,..,,_.....,,,,,,,:�N Public-Minnesotartle(and R } s My commission expire < art , 3), 2015 State of Minnesota County of Hennepin - This instrument was acknowledged before me on the 7th day of December, 2010 by Phil Young and Jay Lotthammer,the Mayor and Interim City Manager res ectively of the City of E n Prairie. (Notary Seal) ,�j ,d. dc4, Si tune of Notarial Officer 4 KATHLEEN A. PORTA City Clerk • 4 .. EDEN PRAIRIE CRY CLERK Title ' �e= . Notary Public-Minnesota Mycommission expires: January 31, 2015 ":, ; ` My Commission Expires Jan 31,?A15 P EXHIBIT A DEVELOPMENT PARCELS • [TO BE COMPLETED FOR EACH DEVELOPMENT PARCEL] Parcel 1 21.57 acres: Insert legal • Parcel 2 38.98 acres: Insert legal Parcel 3 4.28 acres: Insert legal Parcel 4 4.16 acres: Insert legal Parcel 5 1.13 acres: Insert legal Parcel 6 18.59 acres: Insert legal Parcel 7 0.22 acres: Insert legal Parcel 8 3.82 acres: Insert legal EXHIBIT B PARCEL: PROPOSED RE-ZONING OF DEVELOPMENT PARCELS Parcel 1: A-OFC Parcel 2: A-OFC Parcel 3: A-C Parcel 4: A-C Parcel 5: A-C Parcel 6: A-OFC Parcel 7: A-C Parcel 8: A-OFC EXHIBIT C • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA •j ORDINANCE NO. -2010 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE; MINNESOTA AMENDING CITY CODE CHAPTER 11 BY ADDING SECTION 11.28 RELATING TO THE CREATION OF AN AIRPORT — COMMERCIAL DISTRICT; ADDING SECTION 11.29 RELATING TO THE CREATION OF AN AIRPORT - OFFICE ZONING DISTRICT; AMENDING CITY CODE SECTION 11.03, SUBDIVISION 1.A. TO ADD THE AIRPORT DISTRICTS TO THE TABLE • • OF DISTRICTS; AMENDING CITY CODE SECTION 11.03, SUBDIVSION 2.A. TO ADD CRITERIA FOR CERTAIN USES IN THE AIRPORT COMMERCIAL AND AIRPORT- OFFICE ZONING DISTRICTS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. The City Council of the City of Eden Prairie, Minnesota, ordains: Section 1. City Code Chapter 11, Section 11.03, Subd. 1A. is amended by adding the following districts to the table: DISTRICT TITLE ABBREVIATION Airport—Office A- OFC Airport—Commercial A - C Section 2. City Code Chapter 11, Section 11.03, Subd. 2.A. is amended by adding 11.03 Subd. 2.A.14. as follows: In the A-C District, in the case of a gasoline/convenience store, the following criteria shall apply: (a) All buildings and pump canopies should have peaked roofs and relate architecturally in scale, proportion, materials and detail, and color with the building. (b) Pump canopies shall be connected with the primary store structure. Pump canopies shall be located behind the store and oriented away from adjoining residential areas. Canopy ceiling should be textured or have a flat finish. (c) All site walls, screen walls and pump island canopies should be architecturally integrated with the building with similar materials, colors, and detailing. (d) Average horizontal luminance at grade shall not exceed 10 foot-candles, with individual lamps not to exceed 250 watts. The fascias of the canopy should extend at least 12 inches below the lens of the fixture to block the direct view of the light sources and lenses from property lines. Recessed non glare lighting shall be used under the canopy. Average horizontal luminance at grade at the property line shall not exceed 0.5 foot-candles. (e) Service areas, storage areas and refuse enclosures shall be screened from public view, adjacent streets and residential areas (f) A landscape buffer shall be required to provide screening from adjacent residential uses. Section 3. City Code Chapter 11 is amended by adding Section 11.28 which shall read as follows: SECTION 11.28. AIRPORT C—COMMERCIAL DISTRICT Subd. 1. Purposes of Airport C-Commercial. The purposes of the Airport C-Commercial District (A- C) are to: (1) Provide appropriately located areas for retail stores, offices, service establishments, restaurants, business and professional offices and accessory uses, gasoline/convenience stores and amusement establishments; (2) Provide opportunities for retail stores, offices, service establishments, and amusement establishments, to concentrate for the convenience of the public and in mutually beneficial relationship to each other; (3) Provide space for community facilities and institutions that appropriately may be located in commercial areas; (4) Provide adequate space to meet the needs of modern commercial development, including off-street parking and truck loading areas; (5) Minimize traffic congestion and avoid the over-loading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them; and, (6) Protect commercial properties from noise, odor, dust, dirt, smoke, vibration, heat, glare, traffic, fire, explosion, noxious fumes, and other hazards. Subd. 2. Permitted Uses in Airport—Commercial District. A. All direct retail sales to users of goods and services conducted within structures and accessory uses, • • including related or supporting office and distribution uses. B. Public facilities and services. Subd. 3. Required Conditions for Airport Commercial. A. Acceptable, approved sanitary sewer service must be provided to all occupied structures and uses. Subd. 4. Aeronautical Uses. Aeronautical Uses and Aeronautical Development Projects are not subject to the terms or conditions of the City Code. • Subd. 5. Restrictions. In addition to the requirements set forth in this Section, construction of any building or structure situated within Airport — Commercial shall comply with all federal and state statutes, regulations, rules, laws, restrictions, guidance, and directives and Metropolitan Airports Commission rules and regulations concerning aeronautical safety and operation within the Flying Cloud Airport and runway protection zones. Section 3. City Code Chapter 11 is amended by adding Section 11.29 which shall read as follows: SECTION 11.29. AIRPORT—OFFICE DISTRICT Subd. 1. Purposes of Airport - Office. The purposes of the Airport - Office District (A-OFC) are to: (1) Provide opportunities for offices of a semi-commercial character to locate outside of commercial districts; (2) Establish and maintain in portions of the City the high standards of site planning, architecture, and landscape design sought by many business and professional offices; (3) Provide adequate space to meet the needs of modem offices, including off-street parking of automobiles and, where appropriate, off-street loading of trucks; (4) Provide space for semi-public facilities and institutions appropriately may be located in office districts; (5) Minimize traffic congestion and avoid the over-loading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them; and, (6) Protect offices from the noise, disturbance, traffic hazards, safety hazards, and other objectionable influences incidental to certain commercial uses. Subd. 2. Permitted Uses in Airport—Office District. A. Business and professional offices and accessory uses. B. Supporting commercial sales and services to office users within large office structures of 30,000 square feet or more. The Commercial use is not to exceed fifteen percent, (15%), of the gross Floor Area Ratio. C. Public Facilities and Services. Subd. 3. Required Conditions of Airport - Office. A. All professional pursuits and businesses shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading areas. B. Acceptable, approved sanitary sewer service must be provided to all occupied structures. Subd. 4. Aeronautical Uses. Aeronautical Uses and Aeronautical Development Projects are not subject to the terms or conditions of the City Code. Subd. 5. Restrictions. In addition to the requirements set forth in this Section, construction of any building or structure situated within Airport — Commercial or Airport - Office District shall comply with all federal and state statutes, regulations, rules, laws, restrictions, guidance, and directives and Metropolitan Airports Commission rules and regulations concerning aeronautical safety and operation within the Flying Cloud Airport and runway protection zones. Section 6. City Code Chapter 11 is amended by adding Section 11.02, 73 which shall read as follows: 74. "Aeronautical Uses and Aernautical Development Project" - Any airfield project, hangar project, FBO development project, FBO facility development project, airport roads or fencing, or other facilities or improvements at the Flying Cloud Airport that involve or are directly related to the operation of aircraft, including activities that make the operation of aircraft possible and safe, or that are directly and substantially related to the movement of passengers, baggage,mail and cargo. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. Section 7. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 20 , and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 20 . Kathleen Porta, City Clerk , Mayor PUBLISHED in the Eden Prairie News on the day of , 20_. P:1Home11610.031-MAC Airport Zoning&Expansion\Documents\MOU-Development120I0 12 02 MOU Draft-Clean by rfr.DOC APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, DECEMBER 7, 2010 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Ron Case, Jon Duckstad and Kathy Nelson CITY STAFF: Interim City Manager Jay Lotthammer, Public Works Director Gene Dietz, Community Development Director Janet Jeremiah, City Attorney Rick Rosow and Council Recorder Jan Curielli I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Young called the meeting to order at 7:00 PM. All Council Members were present. II. COLOR GUARD /PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Nelson added Item XIV.A.1. Case added Item XIV.A.2. MOTION: Aho moved, seconded by Case, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, NOVEMBER 16, 2010 MOTION: Duckstad moved, seconded by Aho, to approve the minutes of the City Council workshop held Tuesday,November 16, 2010, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 16, 2010 MOTION: Nelson moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday,November 16, 2010, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR CITY COUNCIL MINUTES December 7,2010 Page 2 A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2010-80 APPROVING THE 2011 TO 2015 CAPITAL IMPROVEMENT PLAN C. APPROVE RENEWAL OF AGREEMENT FOR TOWING SERVICES BETWEEN THE CITY OF EDEN PRAIRIE AND MATT'S AUTO SERVICE FOR 2011 D. ADOPT RESOLUTION NO. 2010-87 APPROVING EXECUTE NEW JOINT POWERS AGREEMENT WHICH WILL ESTABLISH A RELATIONSHIP BETWEEN EDEN PRAIRIE AND THE BUREAU OF CRIMINAL APPREHENSION E. APPROVE CHANGE ORDER NO. 1,FOR WESTWIND AND WINDWARD_ CIRCLES' WATERMAIN REPLACEMENT PROJECT TO MACHETEMES CONSTRUCTION, INC. MOTION: Aho moved, seconded by Case, to approve Items A-E on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. 2011 BUDGET Mayor Young reminded the audience there are two components to an individual's property tax. One component is the budget and the tax levy and that is what we are discussing tonight. The other part is the valuation of the property and that is not being discussed tonight. Lotthammer noted this is an opportunity to take public input and comment on the 2011 budget. Kotchevar gave an overview of the 2011 budget and noted other organizations such as the county and the school district also hold public meetings to discuss their budgets. She reviewed the impact of the City tax and the total property tax impact on residential, apartment and commercial properties. She explained a graph showing the distribution of property tax for the entities that receive the property tax revenue. She said the proposed budget has a levy increase of 1.6% with a zero increase in the budget. Richard Proops, 9408 Clubhouse Road, said he was confused because he thought we were going to look at a zero increase budget but there is a 2%wage increase in the budget. He said the 2%wage increase combined with the 2% decrease in FICA tax proposed today by the federal government would create a 4% increase in wages. He believes there is a need for a Budget Director to manage expenditures in the City budget as managing the budget is not just a part time job for the City Manager. He noted the severance pay fund is accumulating and totals $296,000 at this point. He said these payments result from an overly generous benefit program allowing annual bonuses to be accumulated. That fund should be reviewed and a cap put on CITY COUNCIL MINUTES December 7,2010 Page 3 the accumulation. He said the volunteer fire pension program is the most expensive in the state and is a defined benefit plan that underwrites the payments and level of benefits. He noted we spend$923,000 for dispatch services, but the county also operates a dispatch service. He thought there may be opportunity to offer dispatch service to other cities. The Community Center operating loss was $1,000,000 in 2009, and he asked if there was a plan in place to reduce the costs of operating that facility. He said nobody questions the CIP projects like the $10,000,000 for road improvements. The Flying Cloud ball field improvements will cost $1,400,000 in 2011 simply because that is the amount left from the referendum of five years ago. The contract for infiltration and inflow study is $527,000 for 2011 and represents the cost of the contract to determine if sump pumps are discharging into the storm water system. Mr. Proops said the Budget Advisory Commission(BAC) was established in 2007 by ordinance to act in an advisory capacity to the City Council; however, the November and December meetings were cancelled with no explanation. He thought the BAC is ineffective and should be discontinued. The meeting agendas did not leave any time for budget discussions, and the City Manager refused permission to talk to the staff at the operating level. He said he joined the BAC to be of help to the City Council and City Managers, but no one wants to consider changes to plans for expanding or question the current ways of doing things when the taxpayers are footing the bill. Young noted a number of Council Members asked staff to provide budget alternatives after the last workshop held with the BAC. Dan Kitrell, 15731 Summit Drive, said effective budgets require critical examination of revenue and expenses. He thought it makes sense to focus most of the budget discussion on salary and benefits. We have continued to be generous with total compensation for employees. The 2% salary increase was recommended as well as the 2% decrease in social security withholding. He encouraged the Council to approve a flat budget that does not increase the tax burden on residents and businesses. He noted Council Member Nelson stated during her campaign that she would expect a tax increase of 1% or less. He said in light of recent rumors of a buyout of Super Valu, we must be prepared for a possible decrease in the tax base. We must get spending under control now. Donna Azarian, 9068 Waverly Court, said she lost her family's health benefits when she lost her job four years ago and has had to purchase those benefits on her own. As a taxpayer she was being asked to fund increased health insurance for City employees, and she didn't know why she should pay for City employees' health insurance as well as her own. Many private companies recently changed their plans and they aren't asking for taxes to help pay for those changes. MOTION: Case moved, seconded by Aho, to close the public hearing. Motion carried 5-0. MOTION: Duckstad moved to certify the 2011 tax levy to Hennepin County to be a zero increase tax levy and to adopt a 2011 entire budget for Eden Prairie equal to and no more than the exact budget for the current year 2010. CITY COUNCIL MINUTES December 7,2010 Page 4 Motion died for lack of a second. Rosow said as a point of order the action on the budget comes under an item later in the agenda. The Council has the discretion to move the item up, but we should acknowledge what we are doing and Mr. Lotthammer should give any additional information he has before moving into it. Young noted the actual resolution certifying the tax levy is proposed to occur under the Report of the City Manager later this evening. B. THE POINTE ON LAKE RILEY-LEU RESCINDING APPROVALS by Karen Leu and Jeffrey Leu. Request to rescind Resolution No. 2007-106 for Planned Unit Development Concept Review on 2 acres; rescind Ordinance No. 25- 2007-PUD-11-2007 for Planned Unit Development District Review with waivers and Zoning District Amendment in the R1-22 Zoning District on 2 acres; rescind Resolution No. 2007-107 for Preliminary Plat on 2 acres into one lot; rescind Resolution No. 2007-125 for Final Plat on 2 acres into one lot. Location: 9092, 9100 and 9108 Stephens Pointe. (Resolution No. 2010-81 rescinding PUD Concept Review, Ordinance rescinding PUD District Review with waivers and Zoning District Amendment, Resolution 2010-82 rescinding Preliminary Plat, Resolution No. 2010-83 rescinding Final Plat) Lotthammer said official notice of this public hearing was published in the November 25, 2010,Eden Prairie News and sent to 15 property owners. In 2007, the Leu's purchased three lots and asked the City to approve a subdivision that combined the three lots into one lot for the purpose of building one house. In December 2007 the City Council approved The Pointe on Lake Riley—Leu subdivision. The Leu's have recently decided not to build and would like to rescind the one lot subdivision so that the property may be sold as three individual lots, thus restoring the property to its zoning and subdivision status before the Development Agreement and all approvals were granted by the City. Since the 2007 subdivision was approved through a PUD zoning action, a public hearing and recommendation by the Planning Commission is required to rescind the approvals. Lotthammer said the Planning Commission voted 5-0 to recommend approval of rescinding The Pointe on Lake Riley-Leu project to the City Council at its November 8, 2010 meeting. The 2n reading of the ordinance to rescind will take place under the Ordinances and Resolutions section of the agenda. There were no comments from the audience. MOTION: Aho moved, seconded by Nelson, to close the Public Hearing; to adopt Resolution No. 2010-81 rescinding Resolution No. 2007-106 which approved the Planned Unit Development Concept Review for one lot, approved by the City Council on October 2, 2007; to approve 1st Reading of the Ordinance rescinding Ordinance No. 25-2007-PUD-11-2007 which adopted the Planned Unit Development District Review with waivers and Zoning District Amendment within the R1-22 Zoning District of The Pointe on Lake Riley-Leu for one lot, approved CITY COUNCIL MINUTES December 7,2010 Page 5 by the City Council on December 3, 2007; to adopt Resolution 2010-82 rescinding Resolution No. 2007-107 which approved the Preliminary Plat of The Pointe on Lake Riley-Leu for one lot, approved by the City Council on October 2, 2007; and to adopt Resolution No. 2010-83 rescinding Resolution No. 2007-125 which approved the Final Plat of The Pointe on Lake Riley-Leu for one lot, approved by the City Council on December 3, 2007. Motion carried 5-0. C. FIRST READING OF ORDINANCE UPDATING FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS Lotthammer said official notice of this public hearing was published in the November 18, 2010, Eden Prairie News. This ordinance establishes a fee schedule for the City's costs in administering official controls pursuant to Minnesota Statutes Section 462.353, Subd. 4. Minnesota Statute allows a municipality to prescribe fees sufficient to defray the costs incurred by it in reviewing, investigating, and administering an application for an amendment to an official control or other approval required under an official control. Minnesota Statute defines an "official control" as ordinances or regulations which control the physical development of a city and implement the general objectives of the comprehensive plan. Official controls may include ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes and official maps. There were no comments from the audience. MOTION: Case moved, seconded by Aho, to close the public hearing and to approve first reading of the ordinance updating the fee schedule for administration of official controls. Motion carried 5-0. D. FEE RESOLUTION Lotthammer said official notice of this public hearing was published in the November 18, 2010, Eden Prairie News. This resolution establishes a fee schedule for the City's services not covered by ordinance. There were no comments from the audience. MOTION: Nelson moved, seconded by Case, to close the public hearing and to adopt Resolution No. 2010-84. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Duckstad moved, seconded by Nelson, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho, Case,Duckstad,Nelson and Young voting "aye." XI. ORDINANCES AND RESOLUTIONS A. THE POINTE ON LAKE RILEY-LEU RESCINDING APPROVALS by CITY COUNCIL MINUTES December 7,2010 Page 6 Karen Leu and Jeffrey Leu. Second Reading of Ordinance 18-2010 rescinding PUD District Review with waivers and Zoning Amendment in the R1-22 Zoning District on 2 acres. (Ordinance No. 18-2010 rescinding PUD District Review with waivers and Zoning District Amendment; Resolution No. 2010-85 approving 2nd Amendment to Development Agreement) Lotthammer said in 2007, the Leu's purchased three lots and asked the City to approve a subdivision that combined three lots into one lot for the purpose of building one house. In December 2007 the City Council approved the Pointe at Lake Riley—Leu subdivision. The Leu's have recently decided not to build and would like to rescind the one lot subdivision so that the property may be sold as three individual lots, thus restoring the property to its zoning and subdivision status before the Development Agreement and all approvals were granted by the City. Since the 2007 subdivision was approved through a PUD zoning action, a public hearing and recommendation by the Planning Commission is required to rescind the approvals. MOTION: Case moved, seconded by Nelson, to approve second reading of Ordinance No. 18-2010 rescinding Ordinance No. 25-2007-PUD-11-2007 which approved the Planned Unit Development District Review and Zoning District Amendment within the R1-22 Zoning District of The Pointe on Lake Riley-Leu for one lot, approved by the City Council on December 3, 2007; and to adopt Resolution No. 2010-85 approving second amendment to Development Agreement. Motion carried 5-0. B. SECOND READING OF ORDINANCE 19-2010 UPDATING FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS AND ADOPT RESOLUTION NO. 2010-88 APPROVING SUMMARY ORDINANCE Lotthammer said this ordinance establishes a fee schedule for the City's costs in administering official controls pursuant to Minnesota Statutes Section 462.353, Subd. 4. The first reading of this ordinance was approved earlier in this meeting. MOTION: Nelson moved, seconded by Aho, to approve second reading of Ordinance 19-2010 updating the fee schedule for administration of official controls and to adopt Resolution No. 2010-88 approving summary publication. Motion carried 5-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Report on Wayfindin2 Committee—Council Member Nelson CITY COUNCIL MINUTES December 7,2010 Page 7 Nelson said she serves on the Joint Chamber of Commerce/City of Eden Prairie Wayfinding Committee. They have completed the first part of their discussions which involved the issue of getting people from the freeways to Eden Prairie Center and back out to the freeways. The Eden Prairie Center put signs up on mall property but they also wanted a few signs on the ring road that would point the way to the mall. She said General Growth has agreed to pay for the signs that will be put up by the City. There is a question about whether it will be done in time for the Christmas shopping season. 2. Phone Calls on Deer Hunting and Snowplowing—Council Member Case Case said he received phone calls the night they were shooting deer south of Riverview Road, and he didn't think the Council Members were notified of the deer reduction shoot. He did not think the Council should be the last to know that such things are taking place because we need information to be prepared for phone calls from residents. Case said he has also received calls about snowplowing and asked if there is a plan for how quickly we can get trucks out when there is an ice storm. He also wondered if there is something within the process that allows flexibility to change the plan if we hear one road is in particularly bad shape. Dietz said we have a process for both situations and during the winter time we have one person in the Street Division on stand-by. The Police Department has authority to call the Street Division manager. They would assess the situation and would resolve any localized complaints or call in additional staff. Any snow storm is always different, and we have a plan to change with the changing times. Case asked if a resident could call 911 if they had a question about a particular street. Dietz said that would work. B. REPORT OF CITY MANAGER 1. City Manager Search Timeline Lotthammer said on November 30, 2010, the Eden Prairie City Council, Mayor-Elect Nancy Tyra-Lukens and Council Member-Elect Sherry Butcher met with the City's search consultant, Greg Albrecht. Mr. Albrecht provided an overview of his executive search activities to date. Mr. Albrecht also presented resumes of 10 individuals for consideration by the City Council. The group reviewed the resumes and came to consensus on six candidates to interview. Mayor Young and Council Member Aho did not attend the meeting. Mr. Albrecht said he would contact them to get their input. The group discussed setting a date for the City Council Members to individually interview the six candidates, after which the CITY COUNCIL MINUTES December 7,2010 Page 8 Council will meet as a group to select two or three candidates to proceed to the final interview process. The group agreed on setting the interviews for Saturday, January 8. There will be a public meeting at 1:00 PM that day with the City Council interviews occurring before the public meeting. He said setting this fulfills our public notification of the meeting. MOTION: Aho moved, seconded by Case, to schedule a special City Council meeting at 1:00 p.m. on January 8, 2010, for the City Council to discuss and select two or three City Manager candidates to proceed to the final interview process. Motion carried 5-0. 2. Resolution No. 2010-86 Certifying 2011 Property Tax Levy,Adopting The 2011 Budget, and Consenting and Approving the 2011 HRA Tax Levy Lotthammer said this item refocuses on the staff recommendation that was discussed in the workshop. He said there were some basic questions from the Council and we went through some of the scenarios to show the impact of the various levies and spending. He said staff was asked to look at a flat budget with a zero increase from 2010 to 2011. He reviewed the staff proposal and noted if the Council reaches a resolution tonight we would likely not have the Council meeting scheduled for December 21. Lotthammer noted the staff proposal has a 1.74% levy increase which gives an opportunity to make a reduction in the amount of the budget deficit. He said that levy amount would result in a$38 increase in taxes for a median value single family home. He said the proposal results in a budget deficit of $843,518 and includes employee wage and benefit changes with some budget reductions to make this a flat budget. He said the wage and benefit increases put us in a position to deliver services in a efficient and effective way and allows us to get more towards the market for employees. He reviewed a list of the possible reductions staff has identified to keep the budget flat. Nelson said one of the things that needs explaining is why the average home may go up more dollars than it appears in the 1.76% levy. City Assessor Steve Sinell said some houses may see a decrease in tax, and much of the change is due to some properties going down in value more than the typical house. He said about 30/% of properties had an overall tax decrease and about 70%went up. There was a little bit of change in commercial values that impacted the residential. Commercial rates went down a little more than did the residential rates. Nelson said even with a zero levy people could expect to pay a little more because of shifts. Case noted a zero percent levy increase causes residents to pay 2.81% more or$19 per year because of the formula shift. Aho said he would like to discuss the proposal Council Member Duckstad made earlier this evening for a zero % levy increase and a zero budget. One of the things we need to consider is what that does to our deficit and how CITY COUNCIL MINUTES December 7,2010 Page 9 much we will need to spend out of the Budget Stabilization Fund(BSF). That is a critical aspect that we shouldn't ignore in our discussions. Duckstad asked what the current amount is in the BSF. Kotchevar said at the end of 2009 there was $5,500,000, and we expect it to be approximately the same at the end of 2010. Nelson said she accepted the fact that staff found decreases in the budget that could equal the employee 2%wage increase. She would like to throw out for consideration a 0.25% increase in the budget to start the duty crew in September. She said that would be about$3 more in taxes for the average homeowner and would be a very good investment to make. Case said he agreed with the concept of the duty crew he thought we may find our fee revenue is higher next September and he would rather not get it in the levy now. He didn't think we can decide to move on unless we deal with the salary increase piece first. He said Council Member Duckstad's proposal would mean we need to borrow $1,300,000 to cover the difference. The BSF was created to help us in the dips,but he was concerned that this may be a plateau, not a dip. Last year we borrowed one- time revenue and would have the same problem in 2012 if we do it again. We still have some cushion with the BSF. The City of Eden Prairie gave a zero increase to employees last year but the county did not nor did the federal government. He thought things are starting to improve slightly, and market salaries in cities around us are increasing 1-2%higher than ours. If we hold ours at zero, we are using our staff to balance our budget. He said he was leaning towards following the BAC and staff recommendation of pushing the 2% increase this year. In order to fund it he would go along with the cuts proposed, and he thought we can put off the two police officers and the duty crew for a year. We would still use $843,000 out of the BSF and we have to know we are complicating next year as well if we do that. If we are comfortable with taking $1,300,000 out of the BSF we can do this with a zero tax levy. We would keep the budget flat and encumber ourselves with a deficit, and we know we will have to get further funding next year. Aho said it is important to keep our staff at market levels. We have compensated our staff well in the past, and we have excellent staff members. He suggested we look at other options such as a 1% increase as a compromise instead of a 2% increase. He asked Ms Kotchevar what that would be in terms of dollars. Kotchevar said it would be a total of$173,000 including pension and FICA changes. Case said he was open to looking into that. He thought it is not okay to just assume our staff can keep taking a zero increase like they did last year. He said we have some amazing people and quality service is what we do. He said we got chosen out of thousands of cities by Money Magazine to be No. 1 and that didn't happen by accident. We need to keep quality employees CITY COUNCIL MINUTES December 7,2010 Page 10 here, and it is important to be concerned as a Council about City staff morale. He would support some kind of a salary increase and would be open to how we would fund that. Duckstad said in the last couple years we haven't put in zero budgets because we wanted to be mean spirited but rather to be sensitive to the bad economy. People in our community haven't fully recovered, and they have had to tighten their belts. We as Council Members have an obligation to the taxpayers, and that is why he thought we should move for another zero levy and a zero budget. Case said he was not disagreeing that we could have a zero levy, but we are talking about whether the staff should get a raise or not. If we decide to go ahead with the increase, then we can talk about how to fund it. He thought these are two different pieces. Young said he didn't think anyone underestimates staff, and this is one of the hardest parts of the budget discussion; however the discussion is more complicated than that. We still pay above the average and there is no easy way to talk about having a flat budget or keeping taxes down without affecting our people. With regard to the pay increase,Nelson said when we met with the BAC she asked the question about having a 1.5% or 1.6% increase and not go to 2%. The Chair of the BAC had a good response that over the past two years this would barely keep things flat with inflation. She asked the Chamber about the percentage for businesses, and they said it was 2.9%. Given the budget reductions that add up to the same amount, she thought we can do the 2% and just argue about the deficit. She could see 1% over for the levy which would take us down to approximately what we have been able to make up for this year. Increased fees means more building is going on, and the economy is slowly starting to right itself. Lotthammer said staff had a good discussion about building permit fees and we conservatively went back to budgeting those at $1,200,000. From a confidence standpoint we haven't crafted this budget in a way that is risky but rather it is very conservative. Case said this raises the question of what the objective is. If the objective is to keep peoples' taxes flat, a zero levy will still raise taxes $19 so the levy would have to decrease in order to not raise taxes. He thought we could get at a compromise to have a 1 or 2% salary increase and do a 1% levy using the BSF. Aho said he liked the idea of a zero levy increase even though it does raise the average median home taxes by$19. We had planned to use the BSF in the last two budget cycles but we really didn't use that fund. There are some other areas of cost savings we may be able to take advantage of over the CITY COUNCIL MINUTES December 7,2010 Page 11 year and with potential increases in our building fees, a zero % levy and a zero %budget that includes a 2% increase for employees probably would not result in a $1,300,000 deficit. That would be the worst case we would see, so he was comfortable supporting a zero % levy increase and a zero % budget increase. Case asked if that would take the difference in the deficit out of the BSF. Aho thought it would yield out less than that. We still have $5,500,000 in the BSF, and it hasn't decreased in the last two years. Duckstad said the staff recommendation was for an increase in the levy to 1.73% and he felt that was too high. He thought the zero levy increase was appropriate because that had been considered carefully by our BAC. Even if it does raise taxes a modest amount, it is appropriate that we reduce the levy from the amount proposed. Case said he came to the meeting thinking he would not be comfortable with the deficit spending piece but we learned our$700,000 deficit projected for the year will disappear. Permit fees are running $500,000 higher and the Community Center revenue is running higher. He thought a zero budget and a zero levy are okay because we talked about how we would fund that. It does create on paper a $1,343,518 deficit which would be funded out of the BSF. He noted we won't have these options in 2012 because at this rate the BSF fund is bankrupt by 2013 even if we continue to hold levies and budgets at zero. Nelson said she could go along with the zero/zero scenario but would rather propose the 0.25% increase to allow for the duty crew to start in September. She thought that is a very modest $3 increase, and we can't wait forever to start the duty crew. Case said that is about $75,000 and he thought we might find a way to fund that amount while keeping the levy increase at zero. We could work with the Fire Department and get some ownership of this from the public. Aho agreed the duty crew concept is important but we can do it in the future. MOTION: Duckstad moved, seconded by Aho, to adopt Resolution No. 2010-86 certifying the 2011 Property Tax levy to be $32,009,673, to approve the 2011 Budget of$40,414,931 as reviewed by the Council, and to consent and approve the HRA tax levy and budget of$200,000. Rosow asked if the numbers include the 2%wage increase. Duckstad said he thought that was implicit in what we were doing. VOTE ON THE MOTION: Motion carried 5-0. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Approve New Lease Between the City of Eden Prairie and BE Investments LLC for a Complete Nutrition Retail Store at 8018 Den Road CITY COUNCIL MINUTES December 7,2010 Page 12 Jeremiah said the liquor store property at Den Road had a vacancy earlier this year and the proposal presented to the Council in June 2010 was never signed. There is a new proposal for a Complete Nutrition store to lease 1,517 square feet for five years at $23.00 per square foot rent. For the option years the rent would increase at the end of the five years to $25.30 and to $27.83 at the end of ten years. Nelson noted renting this portion of the space leaves a second portion to be rented. Jeremiah said they anticipate there will be two more tenants and there has been a good deal of interest in the space. Nelson asked if there are doorways to the outside for all the spaces. Jeremiah said improvements made at this time will set the stage for future tenants. MOTION: Aho moved, seconded by Nelson, to approve a new lease between the City of Eden Prairie and BE Investments, LLC, for a Complete Nutrition retail store at a City owned property located at 8018 Den Road. Motion carried 5-0. D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY 1. Memorandum of Understanding Regarding Certain Development Projects at Flying Cloud Airport Rosow said this is a Memorandum of Understanding (MOU) regarding development at the airport. As background, when we started discussions about the ball field leases, the Metropolitan Airports Commission(MAC) included a proposal they would develop certain properties that are part of the airport property and their process would be to solicit input from City staff as to the appropriateness of the uses. The MAC would convene a public meeting on the development and would incorporate City design concepts. They would direct the developer to work with the City on building permits and then ask the City to cooperate with infrastructure with them. He said this is different structurally from what we normally do. We had a dispute over whether the City had zoning authority over non- aeronautical uses. We looked for a way to meet the needs of both entities and honor the process we go through when we zone in and around the City. He proposed we use the site development process but change it to accommodate the MAC's need to know they will be able to develop the property. CITY COUNCIL MINUTES December 7,2010 Page 13 Rosow said historically we have not pre-zoned property in the City prior to receiving a proposal in order to maintain significant control over the development. He proposed to staff and the MAC the City would undertake to pre-zone eight sites that the MAC has identified by first amending our City code to provide for airport commercial and airport office zoning districts. The uses in the airport office and airport commercial will be the same as the kind of uses in our regular office and commercial. One of the concerns was with respect to a gasoline service station. This ordinance provides for performance standards if one of the sites is developed for that purpose. We would go through a process that would include a public hearing, adopting the new zoning districts and looking at site plan approvals for each of the sites. We would consider the text amendment and if that was adopted, we would bring forward the actual rezoning of the eight parcels. He reviewed a list of the eight parcels and noted if the City rezones the properties the MAC agrees to not challenge the City's assertion of zoning authority over those parcels. Doing this without an actual project proposed enables the MAC to go to a developer and say they can talk to the City about what is allowed in the zone. Those matters would then come before the Council on a per case basis when they find a developer. Rosow said in connection with all this we worked out cooperation on infrastructure so the MAC pays their fair share of the costs. We are working out the details on the parcel next to the new ball fields to mesh with the work on the ball fields. Mr. Lotthammer and the MAC team are trying to refine those numbers to add a detailed description of how the cost of those parcels would be shared. We identified the type of improvements that would be contemplated and if the MAC would have to pay a share of the costs. He said the MOU has been attached to the proposed ordinance. By approving the MOU the Council does not commit to approving the ordinance because that would have to go through our process with a public hearing. If the text amendment is passed, we would be in a waiting mode until a developer wanted to develop one of the parcels. Either party may cancel the agreement. It provides for a dispute resolution process similar to that in the 2002 MOU. He said this is a good compromise that maintains our position that we have zoning authority over non-aeronautical uses and also provides certainty to the MAC they will be able to develop the parcels. They are looking at ways to increase their revenue, and this is important to them. Case said this feels pretty good. His concern was if a proposed gas station comes in and the neighborhood is up in arms, in the past we have been able to say"No"because we had the power with zoning. In this case we would be hard pressed to not approve it, so our hands are more tied with this process. Rosow said this is one of the compromises reached, but that is an example of why we included special provisions with respect to performance standards for gas stations and the MAC was comfortable with that. CITY COUNCIL MINUTES December 7,2010 Page 14 Duckstad said he was a little leery about the whole thing. He asked what happens if the people along Pioneer Trail across from the parcel don't want a gas station there and are unhappy about it. Once we zone it commercial a developer can go ahead and put a gas station in. We just negotiated a lease with the MAC that had a cancellation clause of one year so he thought we have some leverage there. He would like someone to explain why we couldn't put in the MOU that when the commercial property is developed and the lease to the commercial developer grants more than one year notice for cancellation we should have a right to renegotiate our lease with the MAC so we are more protected. Rosow said he believed that is part of the entire process he described. We insisted from day one that we have a public hearing. The first opportunity for citizens to weigh in is when we bring forward a text amendment. The second opportunity for the citizens to weigh in is when the Council considers the rezoning of each of the parcels. Young asked if the action requested tonight will not change anyone's zoning. Rosow said that was correct. Nelson asked if none of the properties can be industrial. Rosow said that was correct. Nelson asked if we have guidelines for lighting and traffic. Rosow said the developments will drive infrastructure improvements and that was part of the matrix put together to identify the parcels that would require street improvements. Nelson asked if we will have any control over what kind or style of lighting used. Rosow said that is part of the performance standards. He noted the alternative is to not pass the MOU, not have an agreement on the appropriate use of the parcels, and the MAC deciding to go ahead with development. MOTION: Aho moved, seconded by Case, to approve the Memorandum of Understanding regarding certain development projects at Flying Cloud with the Metropolitan Airports Commission. Motion carried 5-0. XV. OTHER BUSINESS Aho said this may be our last meeting for the year, and he wanted to take the opportunity to thank Mayor Young for his many years of service on commissions, on the City Council and as mayor. He also wanted to thank Council Member Duckstad for his many years of service. Duckstad said he joined in commending Mayor Young on the effective way he has led the City Council in the last four years. He said it was a pleasure and a privilege to serve on the City Council, and he thought as a Council we have done some pretty good things. XVI. CLOSED SESSION TO CONSIDER LEGAL STRATEGY At 9:05 PM the Council moved to closed session to consider legal strategy. CITY COUNCIL MINUTES December 7,2010 Page 15 XVII. ADJOURNMENT Mayor Young adjourned the meeting at 9:20 PM. APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, SEPTEMBER 24, 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 Chair Stoltz called the meeting to order at 7:00 p.m. Lee was absent. II. APPROVAL OF AGENDA MOTION by Schultz, seconded by Fyten, to approve the agenda. Motion carried 8-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON AUGUST 27, 2012 MOTION by Lechelt, seconded by Kirk, to approve the minutes. Motion carried 7-0. Fyten abstained. B. PLANNING COMMISSION MEETING HELD ON SEPTEMBER 10, 2012 MOTION by Kirk, seconded by Wuttke, to approve the minutes. Motion carried 4-0. Frank, Lechelt, Schultz and Stoltz abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS September 24, 2012 Page 2 VI. PUBLIC HEARINGS A. MAC DEVELOPMENT by Metropolitan Airports Commission. Location: Flying Cloud Airport. Request for: • A text amendment to Chapter 3 of the City's Comprehensive Guide Plan which will identify Airport Commercial and Airport Office zoning for the proposed parcels which are currently guided Airport. • A text amendment to Chapter 5 of the City's Comprehensive Guide Plan relating to safety zones. • A text amendment to Chapter 11 of the City Code to create the Airport Office and Airport Commercial Zoning Districts. Franzen presented the proposal and stated an email was received from John Fedora and residents of The Tree Farm and North Bluff neighborhoods. This is included in the packet. Franzen stated this project was talked about at the last meeting and a presentation was given by the City Attorney and staff. Back in December 2010, the City and the Metropolitan Airports Commission (MAC) entered into a Memorandum of Understanding to establish a mutually agreeable review process and regulations for development parcels at Flying Cloud Airport. The MAC has identified 6 parcels for development as Airport Commercial and Airport Office. This process involves a series of hearings. The first set of hearings is to amend the text of the comprehensive plan to add development parcels on airport property, a change to safety zones, and creating zoning district standards for Airport Commercial and Airport Office uses. The second set of hearings for a rezoning of each of the 6 parcels will be held at a later date and property owners will be notified of the hearing date(s) and time(s). The third set of hearings for review of site plans for each of the 6 parcels will be held at a later date and property owners will be notified of the hearing date(s) and time(s). Staff recommendation is for approval. Chair Stoltz asked Franzen to talk about why an MOU was created for the development parcels. Franzen said MAC approach the City about developing certain parcels at the airport. One of the primary questions discussed was city zoning authority over non aeronautical land. The City felt there was local authority. MAC did not agree with this position. Both sides agreed that a MOU would be a better process, than a court process since it allows for due process and public input while allowing MAC to obtain zoning first so they could market sites to developers. Chair Stoltz commented that MAC came to the City and said they would like to develop and a as a result a review process and regulations were created. Frank asked about objectives and asked what MAC wanted to build on this land. Erick Johnson, a representative of MAC, said they are interested in developing more parcels for opportunities. They are working with the City and developers September 24, 2012 Page 3 to see what their possibilities are and will come back with a better plan once they know. Kirk wanted to reiterate what the Commission is voting on. It is to create the regulatory tools and have public input on the development. Kirk stated the Commission should focus on putting this framework in place. Chair Stoltz said he appreciates MAC coming here and working with the City. Chair Stoltz opened the meeting up for public input. Rick DeJohn, of 9756 Tree Farm Road, reiterated what was in the email from John Fedora and asked MAC if it makes sense to develop parcel 6. Dan O'Neill, of 12476 Jasper Lane, asked in regards to parcel 6, how does the zoning work. Franzen said the regulatory tools are created first in order to be a basis for review of zoning and site plans in the future. Mr. O'Neill asked if there has been a Comprehensive Environmental Impact statement done yet. Franzen stated not at this point. Mr. O'Neill said the entire backside of parcel 6 is a slope and suggested putting something off of Pioneer Trail. Chris Bun, from Eden Prairie Road, said it seems like this is all being done to generate revenue for MAC. Pitzrick said he has a concern regarding the comprehensive plan and asked if parcel 6 could be moved to the west as that might eliminate a lot of discussion. Bridget Rief, a representative of MAC, said the western boundary of parcel 6 has a radar control with a 1,000 foot buffer and no buildings can be within this area. Frank asked if there was some flexibility for development in parcel 6. Ms. Rief said no, there was not. Lechelt asked if parcel 6 was a wetland. Franzen said a portion of the property does show up on the map as a wetland,but no delineation has been done. Lechelt asked if there was an easement around the culvert. Rue said when the County built up Pioneer Trail, they put in the easement. Lechelt asked if the City would work with the developer to relocate or reroute this. Rue stated yes, they would work with the developer. Pitzrick said, in regards to property tax, he is having a hard time with this development since they do not have to pay taxes on the land. Frank said he is okay with moving ahead with this. Wuttke said he is also comfortable moving forward. Wuttke asked MAC if they were doing this in September 24, 2012 Page 4 other cities. Ms. Rief stated yes, and pointed out Anoka is further along than Eden Prairie in the process and they have been FAA approved. They are also working with the City of Bloomington. Steve Luntz, of Tree Farm Road, said he is unclear what is going to happen if pass this zoning requests. In regards to MAC, what discussions did they have with developers and lastly,what does MAC see for viable height safety. Mr. Johnson, of MAC, said in regards to developer conversations, only parcels 3 and 4 were looked at, and a gas station or commercial, as in Subway or Dunn Brothers, was suggested. Ms. Rief stated they picked these sites based on height restrictions and have to abide by what the FAA criteria is. Kirk addressed what would happen if this item is approved tonight. He said the Commission would be positioning itself, in regards to zoning, for future discussions. If the item is not approved by the City there is the potential for no public input as to what can be built. Rick DeJong asked if there was any way parcel 6 could be moved to the west. Ms. Rief stated the radar or VOR cannot be moved or gotten rid of. Mr. DeJong asked if it could be moved just a quarter of a mile west. Ms. Reed said no, because it has to be a certain distance from the runway. Lechelt asked Franzen, in regards to zoning, are there plans to include zoning and height restrictions. Franzen stated yes, there are plans to include zoning and height restrictions. Schultz asked what the Commission's charge is tonight. Franzen said it is to make an advisory recommendation on the guide plan text amendments and amendments to chapter 11 MOTION by Schultz, seconded by Kirk, to close the public hearing. Motion carried 8-0. MOTION by Schultz, seconded by Lechelt, to recommend approval of the text amendment to Chapter 3 of the City's Comprehensive Guide Plan which will identify Airport Commercial and Airport Office zoning for the proposed parcels which are currently guided Airport; the text amendment to Chapter 5 of the City's Comprehensive Guide Plan relating to safety zones; and the text amendment to Chapter 11 of the City Code to create the Airport Office and Airport Commercial Zoning Districts. Motion carried 8-0. VII. PLANNERS' REPORT A. 2013 —2022 CAPITAL IMPROVEMENT PLAN—DRAFT September 24, 2012 Page 5 Franzen stated state law requires the Commission to determine that the Capitall Improvement Plan is in conformance with the Comprehensive Plan. The City Attorney would like the Chair and Vice Chair to sign this resolution. Chair Stoltz and Vice Chair Fyten signed the resolution. VIII. MEMBERS' REPORT A. CITIZEN ADVISORY COMMITTEE—LIGHT RAIL Fyten said he attended the meeting a few weeks ago and the project was awarded additional funding. Fyten asked about the status of relocating the Town Center Station. Franzen stated that will be addressed at the October 8th meeting. IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION by Kirk, seconded by Fyten, to adjourn the meeting. Motion carried 8-0. There being no further business, the meeting was adjourned at 9:05 p.m. Lori Creamer From: Derek Abbas [derek.abbas@gmail.com] Sent: Friday, September 07, 2012 10:21 AM To: Lori Creamer Subject: Planning meeting 10 Sept Hi Lori- Could you please include the following questions in the meeting notice? 1. What are the precedents for allowing safety zones smaller than MN state law allows? Based on the minutes from the Joint Airport Zoning Board, Deb Sorenson, MnDot, stated that "The safety zones were based not on the probability of an accident happening but rather having space available when an accident did happen". The study by HNTB which was completed is completely based on the probability of an accident occurring. If the city did go against the state law, what possibly repercussions would there be (federal airport funding, etc)? 2. Does the city anticipate any lawsuits regarding changing the zoning? I anticipate that my property value would decrease based on green space being replaced by an office building. Based on the case of DeCook vs Rochester Intl Airport, residence can be compensated for decreases in property value based on safety zoning changes. 2. My home has an easement restriction on the deed based on the state safety zones. If the safety zone changes occur will that restriction be lifted? 3. In a memo dated 13 Nov 2009 authored by M. Franzen and S. Kipp, an analysis was completed that looked at the proposed land development. The finding was that "Most of the uses proposed are not compatible with surrounding existing uses." It also states that the "development will have impacts on roads and intersections and may require improvements based on a traffic study." Was this study ever completed? What changed that made the staff now recommends the zoning changes? 4. What is the timeline of the zoning changes occurring? 5. Who is ultimately responsible for zoning changes, the City, JAZB, MAC or MnDot? Thanks Derek Abbas 1 Mike Franzen From: Jacob Reeb [JReeb@nvtl.com] Sent: Monday, September 10, 2012 3:14 PM To: Mike Franzen Subject: Flying Cloud-Development-Parcel A-NO TO DEVELOPMENT Importance: High Mike, I'm reaching out to state my displeasure in the recent developments the City of Eden Prairie has opened with MAC. I live on Valley Road and have endured a lot over the past 4 years. The expansion of Flying Cloud Airport, expansion of housing in the area and numerous, numerous other projects. I can't tell you how many times a week a plane wakes up my family at horrible hours during the night. Why do we stay,the beauty of the area. The view in our backyard, but how long you allow us to have something to look at, or will we have to endure concrete buildings and cars,trucks etc. Now I'm hearing the planning committee is looking at allowing MAC to develop Parcel A. WHY? I find it disappointing that your commission is hell bent on developing every,every square inch of Eden Prairie without any consideration for the residents that live on Valley Road. I have no issue with MAC developing the other parcels of land, but not parcel A. I believe it is in the best interest of not only the residents of Valley Road, but also the residents of Hennepin Village and the new residential developments off Eden Prairie Road-Cedar Hills Golf Course and the development off Pioneer trail to have parcel A turned into a park and or wild habitat, preserving the nature beauty or what is left in this neighborhood. The continued development of this area adding commercial land will not only destroy home values, but also increase unneeded traffic. This will lead to not only my family, but numerous others being forced out of the neighborhood, either walking away from our home or selling at major, major loss. All due to the development of area that DOES NOT need to happen. I do believe in the free market, but corporations like MAC and cities like Eden Prairie need to realize that at some point the residents should have a say to what is being brought into our neighborhood. We again have endured enough. It is time to allow us to have some, some say into what is going on, not allowing one (1) company entity force their way onto numerous, numerous others. Please I ask that your committee vote no on the development of Parcel A and allow us to stay in area we now call home. Jacob Reeb Novatel Wireless Sales Manager-M2M Embedded Solutions Email.jreeb@nvtl.com I Mobile:612.385.3264 1 September 23, 2012 To: Mike Franzen, City Planner, Planning Commission, City Council,The Mayor From: Residents of The Tree Farm and North Bluff neighborhoods,Submitted by John Fedora Regarding:The MAC commercial development on the east side of the airport Dear All, With this document my neighbors and I strongly urge you to use all authority and influence to prevent the development of the parcel indicated b y the MAC as "Parcel 6" (Hennepin County PID's 2611622320001, 2611622230007, 2611622320035,The eastern 2/3rd of 2711622410001 should also be undeveloped) because it is incompatible with development for many reasons that will be articulated in this document. Parcel 6 is not practical for development because of lack of access, lack of visibility,terrain,tree replacement,wetland, buffer to residential, wildlife habitat, and a storm water culvert. Should the MAC wish to develop land on the east side of the airport we recommend using the area just west of Parcel 6, and east of the radar cone.This would be most of PID 2711622140001 and the western edge of PID 2711622410001. These areas have easy access to Pioneer Trail, are visible from Pioneer Trail, and the land is flat and level. If the MAC succeeds in shortening the Safety Zone A to the RPZ then these areas could have limited height office development and would provide the proper transition and buffer the residential properties. See Diagram 1 and ADDENDUM D(for safety zones). Is there a technical reason why this logical area cannot be developed? Does the curved western edge of the proposed parcel 6 reflect a technicality we are unaware of? If so, the MAC should disclose to the city and the public why the area just west of Parcel 6 and east of the radar cone cannot be developed. 1 Diagram 1 2- I ie.' ' f / cfi,:%:,,V .NE1141al ,I.7, ..f . . -. .1' '( . is r-J . •• , , •,. 4,,,,,,,„ E, ' .1 ,Area we recommend ` Q Parcel 6 Sup I 4M. sT -� for development r e' ,'. .4 .4 i:ix = . . 41 -- / --- lin HI ,-. , .:,,,, 1 1 '.ot ... - . •``. i -2611622230007 C �s 1 �' �* IyHALL' ' _n,t 1 i • , , 1Ili ,6' ti &dr:. Tr 2611622320001 '. 1 'II^. * ‘411*/....- - Ir. ..t ir .0 II ' _ ., Itiiiiit. ;Lk. I-., t...,-,/, , , ,5, "V c). ( -.. . t . lb.- r 271 1 6221 40001 .- - 2711622410001 -�. _ V virmira '`4 _ - . l 261162232005 �., IP ..„---*:•Orl',171 r ti _, • it it if . '- -a ilik - : Lack of Access The Parcel 6 area directly adjoins two residential neighborhoods. There is no access to this parcel from main roads. An extensive access road from Pioneer Trail would have to be built. Length, grading and water runoff are significant issues with a possible road. Commercial customers want a facility that is easy to reach for their clients, customers and employees. Lack of Visibility This area suggested by the MAC is completely invisible from Pioneer Trail and Flying Cloud Drive. Again this is undesirable for any company that would want office space. Commercial companies want easy access and visibility for their business. This area is impractical and illogical for commercial development because it is a non desirable location 2 from a business perspective.The areas we identified above, west of Parcel 6 are much better in access and visibility for businesses. Terrain The specific terrain of this area makes it very difficult for development with its great elevation change,two ridges and valleys in a very short distance. I will describe a walk heading west across the area starting from 9820 Tree Farm road. I do this in order to attempt to communicate the unique land features of this area. Photos and description is a poor substitute for actually walking the land. I offer an open invitation to the Commissioners, Council, Mayor and the MAC to take you on a walking tour of the land to better appreciate what I will describe. *Photos are not 3D and thus will "flatten"the hills. All the hills are much steeper than they appear in the photos. **All distances and elevations listed are from a handheld GPS used walking the terrain and are not"surveyor"accurate. rM S Wil 11 11 ► ,,,, '°i l'' . - 11E44 4., ,,i ..,,4e. . .,. , ;,6,., ,-, „..,,e),,,k, . , r .iiiiitiv- c -,,, . y . , - Looking west from the back edge of 9820 Tree Farm Rd we Looking east from the hill we just climbed we look down to start at an elevation of 823ft. We quickly climb a steep hill. see the Tree Farm neighborhood. We gained 43 feet in about 200 feet of westward travel and are at an elevation of 866ft. ti' x: TS 1- { ` Ai., ; r • y 4- + iiiika.", ,„ 47 u - N , Turning west again we see trees on the slope in front of us We travel west down a steep slope to the valley floor hiding the valley below,and we see the far western taller dropping 23ft in another 200ft of travel. We are looking ridgeline in the background. The eastern ridgeline we are south in the valley. This is a hidden valley. Hidden from the standing on runs north and south on most of the eastern residential properties, hidden from Pioneer Trail and from edge of the parcel. See Diagram 2 Flying Cloud Drive. This is a defacto wildlife sanctuary. 3 . arE• - f Looking behind us we see the hill we just descended This looks north from the valley towards Pioneer Trail,which is not visible.There is a storm water culvert beneath our feet that was installed as part of the Pioneer Trail expansion. This culvert runs through the valley floor from north to south and east into the wetland. �W 1Z 11 ;;4 We have crossed the valley floor continuing west we come We have just climbed the western slope climbing 67ft to an to a small forest on this slope.The valley is about 150ft elevation of 910ft in a distance of about 190 ft of travel. We across on average. are looking west towards the airport. 1: 11 Panning to the north a bit we see the intersection of Pioneer And panning a bit more north we see pioneer Trail.We are Trail and Flying Cloud drive. now on the area that is just west of Parcel 6. This is the area that is flat and easy to access. 4 1.1 Looking back east from where we just came we see the trees on the slope we just climbed in the foreground hiding the valley below,then the slightly lower top of the eastern ridge and then the Tree Farm houses' roof tops in the 2nd valley. Hopefully this helps you to appreciate the unique terrain in this area and the significant challenges it poses to development and that,from an engineering standpoint, it makes no sense to pursue development of this parcel. 5 Diagram 2 f # it:. ,--. um a I i •• 1 ". Parcel B su , ,i, 4 UM <. • i74/....•. 1: } --� _ 4 — Storm runoff --- ;0 :. ... culvert •-0 - U _ N s - • : : ' "Eastern Ridge v.ti ta l ley L% ..0 ! &11116. , )11r►:, , 866 ft _k-. . p- 43 feet • ., ,.._ , t• _'' .• 't,22 Simi ',. N - 1.. g i i: 47 L11etlandI _o., . 4. •., 1 ;.' %ie....,6 • i . IC4. Limy • , ,.0.\ A _ . - r. i Liip.,`,. '..wa.. ...4044.• � ' ' - _ Western Ridge Tj I r 11►� i. 4: r5 �- �' 910 feet -' "� A ._ R :I i 1' 1 • - ' ilF".' e , Tree Replacement This area contains a small forest with a plethora of trees of various shapes and sizes. The City Council must enforce its own ordinance on tree replacement for any development in this area. Due to the large number of trees affected by possible development, it becomes impractical to develop this area. Please see: SECTION 11.55 - LAND ALTERATION,TREE PRESERVATION AND STORMWATER MANAGEMENT REGULATIONS. Source: Ordinance No. 2-2006 Effective Date: 2-16-2006;which is attached as ADDENDUM A 6 Wetlands This parcel identified by the MAC for development contains a wetland in the south east corner where it abuts to city land and Homeward Hills Park. Again see Diagram 2.The City Council must enforce its own requirement for set-backs etc.when developments are near a wetland. Please see: SECTION 11.51. STANDARDS FOR THE PROTECTION OF WETLANDS; which is attached as ADDENDUM B Note the buffer strip requirements in Table 1 of the document. Buffer or Transition to Residential property Parcel 6 is the only parcel identified by the MAC for development that directly abuts residential property on the east and south. No other parcel considered for development abuts residential property. This is reason enough to remove Parcel 6 from consideration for development. The current open/natural characteristic of this land meets the City's intent for buffer/transitional space between the existing airport and the existing residential as listed in the guide plan. Any possible development of this area must meet the guide plan requirements. I point you to Subd. 6. Site Plan and Architectural Design Review. (Attached as ADDENDUM C) Specifically look at Section E, subsections 1-10 that identify how development must maintain a minimal impact on the environment and the surrounding land uses. The Council must enforce these rules in the guide plan for any possible development of this area. With the need for buffers from wetlands, residential properties, protection of trees, animal habitat and unique terrain, Parcel 6 is an illogical and impractical area for development. Wildlife Habitat As indicated above,this land has a hidden valley, patches of forest and prairie. It is an excellent wildlife habitat and supports a great variety of life and is its own small eco-system. It is home to or frequently visited by deer, fox, coyote, turkeys, pheasants, rabbits, snakes, mice,voles, owls, hawks, eagles, and song birds like Swallows and the Eastern Bluebird, which have successfully nested on this land for the last 15 years. It is a small island that is a true wildlife sanctuary within the city. Not only will development of this parcel negatively impact the adjoining residential properties but will destroy the area that is home to many of the city's feathered and furry residents. Over the years the open areas of the city have continued to be developed. This area is a small but important refuge for the wildlife that also calls Eden Prairie home. Storm Water Culvert As indicated on our"walk" across the parcel, running from Pioneer Trail on the north to the wetland near Homeward Hills Park is a 2.5 to 3 foot diameter culvert buried beneath the ground that brings storm water runoff from Pioneer Trail to the wetland. See Diagram 2.This was installed when Pioneer Trail was upgraded. Being a County project there may be an easement in the middle of the identified Parcel 6 to accommodate this culvert. Further research is required to determine the exact legal use of this area. It is not possible to build in the valley on top of the culvert. The culvert would have to be moved to accommodate any development. Again this is another impediment to development which makes the choice of Parcel 6 impractical and illogical and expensive. 7 Quality of Live Finally let me address the quality of life in Eden Prairie. When we moved to our homes we fully understood that the airport and the landfill were our neighbors. We also knew that with the safety zones as they currently exist,that the land adjoining our homes is in a "no build" area. What we all did in one way or another is make that pro and con argument understanding the proximity of our less-than-desirable neighbors and the open space natural area/wildlife refuge that was our backyard. Each of us made the decision to live here despite our neighbor to the west because we felt it was a reasonable trade off. The arbitrary change in the safety zones down to the RPZ now puts this land in a zone that could be developed. (ADDENDUM D)This changes the calculation on our pros and cons of living near the airport and on our quality of life. It essentially changes the unwritten agreement we had with the airport which is; "we know you are there,we won't complain and you won't destroy the natural beauty we enjoy in our back yards." Words cannot describe the betrayal we feel at this proposed development.This small piece of land is a small piece of Eden and a small piece of prairie. There are very few of these spaces left in the city. We (the residents and the airport) have lived well together as neighbors for a long time. For the sake of the community,for a continued good neighbor relations and for our quality of life, do not develop the area known as parcel 6. There are many other parcels that can be developed that we would support which are more practical and logical to develop. Respectfully submitted: John P Fedora 9820 Tree Farm Rd Eden Prairie, MN 55347 612-812-5221 jpfedora@comcast.net We did not have time to gather signatures of other residents before the meeting on the 24t". We will submit other signatures to this document in the next few weeks. ADDENDUMS 8 ADDENDUM A SECTION 11.55 - LAND ALTERATION, TREE PRESERVATION AND STORMWATER MANAGEMENT REGULATIONS. Source: Ordinance No.2-2006 Effective Date: 2-16-2006 Subd.1.Declaration of Policy and Purpose. A. Land Alterations are conducted in certain places in the City. They are inherently accompanied by noise and dust,often create hazardous conditions and may result in lasting disfigurement of the places where they are carried on and thus may affect existing land uses in nearby areas, discourage further permanent development of the surrounding properties, impair adequate planning or municipal development, and diminish public health, safety, and general welfare. It is, therefore, desirable to regulate Land Alterations in the City. B. Tree removal, damage, and destruction tends to endanger the natural character of the land from which the trees have been removed and surrounding lands, and to diminish and impair the public health, safety and general welfare. The Council desires to protect the integrity of the natural environment and finds that trees do so by providing for better air quality, scenic beauty, protection against wind and water erosion, and natural insulation for energy preservation. Further,the Council finds that trees protect privacy and provide enhancement of property values. It is,therefore, the further purpose of this Section to provide regulations relating to the cutting, removal or killing of trees, with the consequent damage and destruction of the wooded and forested areas of the City, to promote the orderly development of such areas and thereby minimize public and private losses; to insure maintenance of the natural vegetation and topography; to encourage protection and preservation of the natural environment and beauty of the City; to encourage a resourceful and prudent approach to urban development of wooded areas which provides for minimal tree loss and mitigation of tree removal resulting from development;to provide an objective method to evaluate a development's impact on trees and wooded areas and identify whether and how the impact may be reduced; to provide incentive for creative land use and good site design which preserves trees while allowing development in wooded areas with mitigation of tree removal and destruction; and to provide for enforcement and administration thereby promoting and protecting the public health,safety and welfare. C. Development projects can often create nuisance or even hazardous conditions such as erosion, litter, incomplete projects, noise, and parking issues. These conditions can interfere with existing land uses in surrounding areas and diminish public health, safety and general welfare. The Council seeks to promote, preserve and enhance the natural resources within the City and protect them from adverse effects occasioned by poorly sited development or incompatible activities by regulating Land Alteration activities that would have an adverse and potentially irreversible impact on water quality and unique and environmentally sensitive land while minimizing conflicts and encouraging compatibility between Land Alteration activities and water quality and environmentally sensitive lands. Subd. 2. Definitions. For the purposes of this Section, the following terms, phrases, and words shall have the meanings stated below. A. Applicant.A person submitting an application for a Permit. B. Best Management Practices (BMPs). Erosion and sediment control and water quality management practices that are the most effective and practicable means of controlling, preventing, and minimizing degradation of surface water. This includes, but is not limited to, practices such as minimizing the length of time soil is exposed and construction-phasing. C. Caliper Inches. The length, in inches, of a straight line measured through the Tree Trunk 12 inches above the ground. D. Canopy of a Tree. The horizontal extension of a tree's branches in all directions from the Tree Trunk. ADDENDUM A E. Certified Contractor. An individual who has received training and is licensed by the State of Minnesota to inspect and maintain erosion control practices. F. Control Measure. The practice or combination of practices to control erosion and sedimentation and attendant pollution. G. Detention Basin. A detention basin is a natural or man-made structure, facility or basin for the temporary storage of Stormwater to allow settling of Pollutants while delaying discharge of water so that water slowly empties from the area, including but not limited to, wetlands, dry ponds, vegetated swales, infiltration trenches and infiltration basins. H. Discharge. The conveyance,channeling,runoff,or drainage of stormwater or any substance which enters a Stormwater Facility. I. Drip Line of a Tree. An imaginary vertical line which extends from the outermost branches of a tree's canopy to the ground. J. Diameter. Wherever this term is used in reference to the measurement of a tree it shall mean a Tree Trunk as measured 4.5 feet above the ground. K. Erosion. Any process that wears away the surface of the land by the action of water,wind,ice or gravity. L. Erosion Control Systems. Methods,measures or systems employed to prevent soil erosion. M. Final Stabilization. All Land Alteration has been completed and a uniform perennial vegetative cover with a density of seventy-five(75)percent of the cover for unpaved areas and areas not covered by permanent structures has been established on the land or equivalent permanent cover or stabilization measures have been employed as approved by the City. Sowing grass seed is not considered stabilization. O. Land. "Land" shall mean and include an entire Lot (as defined in Section 11.02 of the City Code) on or within the boundaries of which Land Alteration has occurred,or is to occur. P. Land Alteration Permit. A permit to allow Land Alteration. Q. Land Alteration. Any land disturbing activity, including excavating; grading; digging, cutting, scraping, clearing;removal of trees; filling or other change or movement of earth which may result in diversion of a man-made or natural water course or erosion of sediments. R. NPDES. National Pollutant Discharge Elimination System (NPDES) as established pursuant to 33 USC § 1342(b)to regulate discharges of Pollutants to waters of the United States. S. NPDES Permit. A NPDES stormwater discharge permit that is issued by the Minnesota Pollution Control Agency(MPCA) to regulate discharges of Pollutants to waters of the United States, whether the permit is applicable on an individual,group or general area-wide basis. T. Permit. A Land Alteration Permit or a Building Permit. U. Permittee. The holder of a Permit pursuant to this Section. V. Pollutant. Pollutant means: (i) toxic or hazardous substances, wastes, or contaminants (including, without limitation, asbestos, urea formaldehyde, the group of organic compounds known as polychlorinated biphenyls, petroleum products including gasoline, fuel oil, crude oil and various constituents of such products, and any hazardous substance as defined in Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. §9601-9657, as amended); (ii) substances that would require a permit for their discharge into any water source or system or the air under the Federal Water Pollution Control Act, 33 U.S. C. §1251 et Seq., or the Clean Air Act, 42 U.S.C. §7401 ADDENDUM A et SeNc.; (iii)hazardous substances,Pollutants or contaminates defined in Minnesota Statutes Chapter 115B; (iv) litter, yard waste, garbage, liquid and solid wastes, fertilizers, pesticides, herbicides, paints, solvents, automotive fluids, wastes and residues that result from constructing a building or structure, and (iv) any other similar state law or ordinance. W. Retention Basin. A retention basin is a temporary or permanent natural or man made structure, facility or basin that provides a permanent pool of water for storage of Stormwater where water is allowed to empty through infiltration or evaporation,including but not limited to wet or NURP ponds. X. Root Zone of a Tree. The area under a tree which is at and within the Drip Line of a tree's canopy. Y. Runoff Management Plan (RMP). A plan that must be developed by the Applicant for management of stormwater runoff as required by the Lower Minnesota River Watershed District(LMRWD). Z. Sediment. The product of an erosion process, including solid matter both mineral and organic, that is in suspension,is being transported,or has been moved by water,air,gravity or ice and has come to rest on the earth's surface either above or below the normal water level. AA. Sedimentation. The process or action of depositing sediment caused by erosion. BB. Significant Tree. Any deciduous hardwood tree (except elm, willow, box elder and aspen) measuring 12 inches in Diameter or greater,or a coniferous tree measuring 8 inches in Diameter or greater. CC. Site.The area of Land within which Land Alteration occurs or is to occur. DD. Stormwater. Any form of natural precipitation, including the melting of snow and ice, which causes water to runoff or flow from one place to another. EE. Stormwater Facility. Anything constructed to collect, convey, or store stormwater, including but not limited to, inlets, piped storm drains, pumping facilities, Retention and Detention Basins, drainage channels,reservoirs,and other drainage structures. FF. Stormwater Management. The use of structural or non-structural practices that are designed to reduce the movement of Stormwater,including Stormwater discharge volumes,and peak flow discharge rates. GG. Stormwater Pollution Prevention Plan (SWPPP). A plan described in Subdivision 6.H. A SWPPP also refers to that SWPPP required by the MPCA under the NPDES Permit program (Minnesota Statutes Chapters 115 and 116,as amended). HH. Tree Trunk. The stem portion of a tree from the ground to the first branch thereof. II. Vegetated or Grassed Swales. A vegetated earthen channel that conveys stormwater while treating the stormwater with biofiltration. Such swales may be designed to pretreat surface runoff by removing pollutants through filtration and infiltration. Subd.3.Scope and Effect. Except as hereafter provided, it is unlawful for any person to use Land for, or to engage directly or indirectly in, Land Alteration unless such person shall first have applied to and obtained from the City, in the manner hereinafter provided,a Permit authorizing the same. A. Single Family Dwelling. A person engaging in Land Alteration in connection with the construction of a Single Family Dwelling must obtain a Building Permit from the City. No Land Alteration Permit is required.The Permittee who conducts Land Alterations pursuant to the Building Permit shall be required to comply with Subds. 2, 5, and 8 of this Section and in the event more than 10%of the Significant Trees on the Site are to be removed in connection with construction of the Dwelling,the Permittee shall also comply ADDENDUM A with Subds.4 and 6.J hereof. Failure to comply with Subds. 2, 5,8 and Subds.4. and 6.J if applicable,will subject the Permittee to the provisions of Subd. 9. The application for the Building Permit shall include a Certificate of Survey in such form and content, including Erosion Control Measures, approved by the City. Single Family Dwelling construction includes construction of a single family dwelling, garage, pool, addition,driveway or deck. B. General Exemptions. The following Land Alterations are exempt from the requirements for a Land Alteration Permit: 1. Any Land Alteration occurring pursuant to a Permit approved by the City Council prior to February 7,2006. 2. A lot for which a Building Permit has been approved by the City prior to February 7,2006. 3. Movement of less than 100 cubic yards of earth. 4. Alteration of earth of less than one foot from its natural contour on any contiguous 1,000 square feet. 5. Cutting,removal or killing of less than 10%of the Significant Trees on any Land within a period of five years. 6. Any destruction or disruption of vegetation covering an area equal to or less than 10% of any Land. 7. Installation of a fence,sign,telephone or electric poles and other posts or poles which result in less than 1,000 square feet of exposed soil. 8. Home gardens or an individual's home landscaping,repairs and maintenance work. 9. Retaining walls less than four (4) feet in height and ten (10) feet in length are constructed. This would include a single or tiered retaining wall system. 10. Existing agricultural,horticultural or silvicultural operations. 11. Opening and closing graves. 12. Emergency work to prevent or alleviate immediate dangers to life, limb, property or natural resources. In such an event, if a Land Alteration Permit had been required but for the emergency, the obligations of this Section shall apply and shall be performed at the earliest reasonable time thereafter. 13. Excavations for tunnels, wells,utilities or other public work projects which are undertaken by the City. C. Other Requirements. Neither this Section nor any administrative decision made under it exempts a person from other requirements of this Code, from procuring permits required by other agencies(including but not limited to the Watershed District,Hennepin County,Minnesota Pollution Control Agency(MPCA) or the Minnesota Department of Natural Resources (DNR)) or for complying with the requirements and conditions of such permits. Subd.4. Tree Replacement Plan Requirements. The issuance of a Land Alteration Permit or Building Permit, if applicable, shall be further subject to and conditioned upon compliance by the Permittee with the following: ADDENDUM A A. Tree Replacement Requirements. The Permittee shall replace significant live trees lost or reasonably anticipated to be lost as a result of building, construction or Land Alteration immediately or in the future, by the Permittee, his agent, successor in interest, or any other person to whom or by whom all or any part of the land may be sold, graded, built upon, or altered by planting that number of trees ("replacement trees")determined in accordance with the following formula: A= Total Diameter Inches of Significant Trees Lost as a Result of the Land Alteration B= Total Diameter Inches of Significant Trees Situated on the Land C= Tree Replacement Constant(1.33) D= Replacement Trees(Number of Caliper Inches) [(A/B)x C]x A=D EXAMPLE A=337 B=943 C= 1.33 D= 160 [(337/943)x 1.33]x 337=160 The trees required to be replaced pursuant to this Section shall be in addition to any other trees required to be planted pursuant to any other provision of the Code. A Financial Security is required as described in Subdivision 11 of this Section. B. Location of Replacement Trees. Replacement trees shall be planted in one or more of the following areas on the land: (1) Restoration areas including steep slopes. (2) Outlots or common areas. (3) Buffer zones between different land uses and/or activities. (4) Project entrance areas. (5) Any other part of the land except any thereof dedicated or conveyed to the City, unless the City consents thereto. C. Sizes and Types of Replacement Trees. Replacement trees must be no less than the following sizes: (1) Deciduous trees-no less than three(3)Caliper Inches. (2) Coniferous trees-no less than seven(7)feet high. On steep slopes (i.e., greater than 3:1) deciduous trees may be two (2) Caliper Inches and coniferous trees may be six(6)feet in height. Replacement trees shall be of a species similar to the trees which are lost or removed and shall include those species pre-approved in writing by the City. The following table is provided for guidance in selection of trees and shrubs. DECIDUOUS TREES J COMMON NAME BOTANICAL NAME Red Maple or cultivar Acer rubrum,Northwood,Firedance Silver Queen Maple(seedless) Acer saccharinum,'Silver Queen' Sugar Maple or cultivar Acer saccharum,Green Mountain River Birch Betula nigra Hackberry Celtis occidentalis ADDENDUM A DECIDUOUS TREES Green Ash or cultivar Fraxinus pennsylvanica,Kindred,Newport,Bergeson, Marshall's Seedless,Patmore, Summit Ginkgo Ginkgo biloba(male only) Honeylocust Gleditsia triacanthos inermis Kentucky Coffeetree ymnocladus dioica Ironwood Ostrya virginiana Robusta poplar Populus x Robusta Siouxland Cottonwood Populus deltoides x Siouxland White Oak Quercus alba Swamp White Oak Quercus bicolor Pin Oak Quercus palustris Northern Red Oak Quercus rubra American Linden Tilia americana Littleleaf Linden or cultivar Tilia cordata.Glenleven,Greenspire Redmond Linden Tilia americana,'Redmond' CONIFEROUS TREES COMMON NAME BOTANICAL NAME Balsam Fir I Abies balsamea White Fir Abies concolor European Larch Larix decidua Black Hills Spruce Picea glauca'Densata' Austrian pine I Pinus nigra Ponderosa Pine Pinus ponderosa Norway Pine Pinus resinosa Scotch Pine Pinus sylvestris White Pine Pinus strobus Colorado Spruce Picea pungens D. Time to Perform. Replacement trees shall be planted not less than 18 months from the date of issuance of the permit. E. Missing,Dead or Unhealthy Trees. Any replacement tree which is not alive or healthy one(1)year after the date that the last replacement tree has been planted shall be removed and a new healthy tree of the same size and species shall be planted in place of the removed tree. A new healthy tree of the same size and species shall be planted in place of any replacement tree missing within one (1) year after such date. Planting shall occur no later than the first fall or spring following such year. F. Sources of Trees. Replacement trees shall consist of"certified nursery stock" as defined by Minnesota Statutes Section 18.46 or other trees ("wilding trees") so long as such wilding trees comply with the following standards. A wilding tree measured in Caliper Inches shall not exceed the maximum height as shown in the table below: CALIPER INCHES MAXIMUM HEIGHT (FEET) 2 18 2 18 ADDENDUM A 3 20 3 20 4 24 5 28 The lowest branch of a wilding tree shall not be at a height above the surface of the ground more than one- half of the total height of the tree. (Example: a 16 foot tree must have a branch within 8 feet of the surface of the surrounding ground.) Trees planted in place of missing, dead, or unhealthy replacement trees shall consist only of"certified nursery stock"as defined by Minnesota Statutes,Section 18.46. G. Exceptions. The provisions of Subd. 4 shall not apply to the cutting of trees planted and grown by the owner or owner's predecessor on real estate which on April 17, 1990 was classified as Class 2b property according to Minnesota Statutes 1989 Supplement, Section 273.13, Subd. 23(b) because it was as of such date real estate, rural in character, and used exclusively for growing trees for timber, lumber, wood and wood products as described in clause(1)of said Subd.23(b). Subd.5. General Requirements for Land Alteration. Land Alteration shall be subject to and conditioned upon the performance by the Permittee of the following general requirements regardless of whether a Land Alteration Permit is required: A. Concrete Truck Wash Out. The Permittee must designate a location for wash out of concrete trucks and equipment. Sites that are one acre or more must provide a station for washing out concrete trucks and equipment. The location of the wash out area or wash out station shall preclude the drainage of concrete and water from the washing activities to a Stormwater Facility or water resource. B. Corrections.If erosion breaches the perimeter of the Site,the Permittee shall immediately correct,clean up and/or restore the Site. The Permittee shall obtain a right-of-entry from the adjoining property owner(s) and implement clean up and restoration on adjoining properties affected by the erosion breaches within 48 hours of obtaining approval. C. Drain inlet protection. All storm drain inlets shall be protected during construction with straw bales, silt fence or other equivalent barrier meeting accepted design criteria, standards and specifications contained in the MPCA publication"Protecting Water Quality in Urban Areas" or alternative pre-approved in writing by the City until Control Measures are in place. D. Driveway construction. All driveways to be constructed shall be installed in accordance with City Code Chapter 11 surface requirements within 120 days after construction of the structure(s), in connection with which the driveway is constructed, has been completed or a Certificate of Occupancy has been issued, whichever occurs first,unless otherwise approved by the City. E. Erosion Control Installation. Erosion Control Systems shall be installed by the Permittee prior to commencement of any Land Alteration activity and maintained during the Land Alteration activities in accordance with the following parameters: 1. Stormwater channeled from adjacent areas passing through the Site shall be diverted around disturbed areas during the Land Alteration, if practical. Diverted Stormwater shall be conveyed in a manner that will not erode the channels. 2. All activities on the Site shall be conducted in a manner which minimizes the area of bare soil exposed at any one time. ADDENDUM A 3. Runoff from the Site shall be controlled by meeting either subsections a and b or c, depending on the size of the Site. (a) All disturbed earth left inactive for more than thirty (30) days shall be stabilized by seeding (if prior to September 15), sodding, mulching, or other equivalent Control Measure pre-approved in writing by the City. (b) For sites with more than ten(10)acres disturbed at one time, or if a channel originates in the disturbed area, one (1) or more temporary and/or permanent Detention or Retention Basins shall be constructed. Each Basin shall have a surface area of at least 1% of the area draining to the Basin and at least three (3) feet of depth and constructed in accordance with design specifications approved by the City. Sediment shall be removed to maintain a depth of three (3) feet. The Basin discharge rate shall also be sufficiently low as to not cause erosion along the discharge channel or the receiving water. (c) For Sites with less than ten (10) acres disturbed at one time, silt fences, straw bales, or equivalent Control Measures shall be placed along the side and down slopes of the site. If a channel or area of concentrated runoff passes through the site, silt fences shall be placed along the channel edges to reduce sediment reaching the channel. Erosion Control Systems may be adjusted during dry weather to accommodate short term activities,such as those that require the passage of very large vehicles. As soon as the activity is finished and in any event prior to the occurrence of rainfall, the erosion and sediment control structures must be returned to the configuration specified or approved by the City. F. Erosion Control Maintenance. All Erosion Control Systems shall be designed to minimize the need for maintenance,to provide access for maintenance purposes and be maintained in a functional condition until Final Stabilization of the construction site and all Land Alteration, including completion of turf and/or structural surfaces used to control soil erosion, are complete. Erosion Control Systems shall be removed within thirty(30)days following Final Stabilization. G. Field Testing/Field Measurements. To assure that the Land Alteration is being conducted in accordance with the conditions stated on the Land Alteration Permit and with the requirements of this Section,the City may order, at the expense of the Permittee, those field measurements the City deems necessary to assure that such conditions and requirements are being followed. Such work is to be done at the direction of the City on an hourly charge fixed by the City. H. Final Stabilization. Upon ceasing operations or upon interrupting Land Alterations for a period of six(6) months, the Permittee shall complete Final Stabilization of the site. Ground cover shall be established within sixty(60) days of a Certificate of Occupancy issued from April 1 to August 31 or by the following June 1 for a Certificate of Occupancy issued between September 1 to March 31. Hours of Operation. No operations shall be conducted prior to 7:00 o'clock a.m. nor after 7:00 o'clock p.m. on Monday through Friday,prior to 9:00 o'clock a.m. nor after 7:00 o'clock p.m.on Saturday,nor any time on Sundays and legal holidays. The City may, upon good cause being shown, vary these days and hours in writing. J. Protection of Adjoining Structures. No Land Alteration shall occur which may endanger the use or support of adjoining lands or structures. K. Slope Stabilization. Land contours made in conjunction with Land Alteration shall be sloped on all sides at a minimum ratio of three to one or greater as required in this Section, unless a steeper slope shall be approved in writing by the City. L. Stormwater Facility / Stormwater Management Design. If Stormwater Facilities are required by the City, the Stormwater Facilities shall be designed by a Licensed Professional Engineer (PE) based on ADDENDUM A National Urban Runoff Program(NURP) Design Criteria. Alternatives to the NURP Design Criteria must be approved by the City. The NURP Design Criteria includes the following. 1. A permanent pond surface equal to 2% of the impervious area draining to the pond or 1% of the entire area draining to the pond,whichever amount is greater. 2. An average permanent pool depth of four(4)to ten(10)feet. 3. A recommended permanent pool length to width ratio of 3:1 or greater. 4. A minimum protective shelf extending ten(10) feet into the permanent pool with a slope of 10:1, beyond which slopes shall not exceed 3:1. 5. All Stormwater Facilities shall have a device to keep oil, grease, and other water borne material from moving downstream as a result of normal operations. M. Temporary Construction Fencing. The Permittee shall install temporary construction fencing around the Site, if necessary, to protect the public or natural resources against injury or damage. All temporary construction fencing shall be removed within ten (10) days following elimination of potential injury or damage or issuance of a Certificate of Occupancy,whichever occurs first. The fencing shall not be used as a permanent installation. N. Temporary Soil or Dirt Storage. Soil or dirt storage piles containing more than fifty(50) cubic yards of material remaining for more than twenty-one (21) days shall be stabilized by mulching, vegetative cover, tarps, or other means. Erosion from piles shall be controlled by placing straw bales or silt fence barriers around the pile. O. Tracking or Spilling. Best Management Practices (BMPs) shall be employed to minimize sediment from being tracked or spilled onto public or private roadways. The BMPs may include, but are not limited to, frequent cleaning of streets adjacent to the construction site, rock construction entrances, graveled roads, washing stations and parking areas of sufficient width and length. Sediment reaching a sidewalk, trail or public or private road shall be removed by street cleaning with power sweepers (not flushing) before the end of the workday or within the time frame stipulated in the Permit or as ordered by the City Engineer, Manager of Building Inspections or their delegate. Should eroded soils enter, or entrance appears imminent, into wetland or other water bodies, clean up and repair shall be immediate. The Permittee shall provide all traffic control and flagging required to protect the traveling public during clean up operations. P. Site Dewatering. Water pumped from the Site shall be treated by temporary sedimentation basins, grit chambers, sand filters, upflow chambers, hydro-cyclones, swirl concentrators or other controls as appropriate. Water may not be discharged in a manner that causes erosion or flooding that creates an adverse impact to the site,receiving channels or a wetland. Q. Unsafe Conditions. The Permittee shall repair,change,alter or modify or desist from any Land Alteration deemed by the City Engineer or his/her designee to be the cause of unsanitary, dangerous, or polluted conditions inimical to the general welfare of the City. R. Waste and Material Collection and Disposal. All waste and unused building materials (including garbage, debris, cleaning wastes, litter,wastewater or sewage,toxic materials or hazardous materials) shall be properly contained while on site, properly disposed of off-site, and not allowed to be carried by water and/or wind off the site or into a receiving channel or storm sewer system. Waste containers and all construction materials shall not be placed or stored such that they obstruct, encroach upon, or interfere wholly or in part with any public right-of-way, including but not limited to, public roadways, trails, sidewalks,parks or other public properties. S. Wetlands and Waterways. Stormwater shall not be discharged directly into any natural water bodies such as wetlands, lakes or streams without pre-settlement. Wetlands must not be drained or filled, wholly or ADDENDUM A partially,unless a permit to replace by restoring or creating wetland areas of at least equal public value has been issued by the local governing unit. The permit and replacement must be in accordance with the Wetlands Conservation Act[MN Statutes 103G.221 et. Seq. (herein referred to as the WCA)]. Subd. 6. Land Alteration Permit Application Requirements. A person seeking a Land Alteration Permit shall make application to the City on a City-approved form which shall include the following: A. Address /Name. The name, address and telephone number of the Applicant, and the owner of the land subject to the Land Alteration and the Site of the proposed Land Alteration. B. Estimated Cost of the Land Alteration. The Applicant must provide an estimated cost for the proposed land alteration. C. Inspection and Maintenance. All Stormwater Facilities shall be designed to minimize the need for maintenance,to provide access for maintenance purposes and to be structurally sound. The Applicant shall obtain necessary easements or other property interests to allow access to the Stormwater Facilities for inspection and maintenance. D. Land Alteration Permit Fees. A Plan Review Fee and a Land Alteration Permit Fee in an amount determined by the Council and fixed by resolution must be paid at the time of submitting an Application to the City. In the event the Application for a Land Alteration Permit is denied, the Land Alteration Permit Fee shall be returned to the Applicant. E. Site construction and/or site grading plans. Plans shall be provided at the same scale. The minimum scale shall be one inch equals 50 feet. All plans must be signed by a Licensed Professional Engineer(PE) who must verify that the design of all Stormwater Facilities and Erosion Control Systems meet the requirements contained in this Section. The plans must include the following. 1. A topographic map of the Site on which the proposed Land Alteration is to occur showing ground elevation contours at two-foot intervals. The map shall show the Site as it exists prior to the proposed Land Alteration and shall include a minimum of 100 feet of land abutting the Site that is sufficient to show on-and off-site drainage. 2. A topographic map of the Site showing the proposed ground elevation contours at two-foot intervals of the Site when the Land Alteration is completed. 3. Locations and dimensions of all proposed Land Alteration. 4. The location and size of existing and proposed building pads. 5. Locations and dimensions of all temporary or interim soil or dirt stockpiles. 6. Location, dimensions and plans of all temporary, interim and final Stormwater Facilities and Erosion Control Systems necessary to meet the requirements of this Section. 7. Finished grading plan which shows at two-foot intervals, the land and Site features before and after the Land Alteration. 8. Methods that will be used to stabilize the site after construction, including types,time frames and schedules. 9. A restoration plan for areas disturbed by the Land Alteration. ADDENDUM A F. Proposed Use. A statement relating to the current and proposed use of the Land including,if any,the type of building or structure situated,or contemplated to be built thereon. G. Schedule. The estimated period of time within which the Land Alteration will be conducted,including any phasing of Land Alteration. The schedule must include an anticipated start and completion date of the Land Alteration including the installation of temporary, interim and final Erosion Control Systems needed to meet the requirements of this Section. H. Stormwater Pollution Prevention Plan(SWPPP). A SWPPP shall be provided that describes the control and management of the flow of Stormwater and associated water quality impacts resulting from the development. A copy of the Application for General Stormwater Permit for Construction Activity for the Site if required by the Minnesota Pollution Control Agency must be provided with the SWPPP. The following Stormwater management practices must be evaluated while developing the SWPPP: 1. Natural infiltration of precipitation on-site; 2. Flow attenuation by use of open vegetated swales and natural depressions; 3. Stormwater Detention Basins;and 4. Stormwater Retention Basins. I. Runoff Management Plan (RMP). A copy of the RMP, if required, submitted to the Lower Minnesota River Watershed District(LMRWD). J. Tree Inventory. A tree inventory certified by a registered land surveyor, landscape architect or forester depicting: 1. The size, species, condition and location on the Site of all Significant Trees. On large wooded areas, forest mensuration methods may be used to determine the total Diameter inches of trees outside the area of the proposed Land Alteration. 2. Significant trees which will be lost due to the proposed Land Alteration. Significant Trees shall be considered lost as a result of: (i) grade change or Land Alteration, whether temporary or permanent, of greater than one (1) foot measured vertically, affecting 60% (as measured on a horizontal plane)or more of the tree's Root Zone; (ii)utility construction(i.e., sewer,water, storm sewer, gas, electric, telephone and cable TV) resulting in the cutting of 60% or more of the tree's roots within the Root Zone;(iii)mechanical injury to the Tree Trunk of a Significant Tree causing loss of more than 40% of the bark at any given diameter location along the trunk; or, (iv) compaction to a depth of 6 inches or more of 60% or more of the surface of the soil within a Significant Tree's Root Zone. 3. The number,type and size of trees required to be replaced pursuant to this Section. 4. The location of the replacement trees. Subd.7.Permit Application Review and Approval. The City Engineer or his/her designee shall review an application for a Land Alteration Permit to determine its conformance with the provisions of this Section. Within 90 days of receiving a complete Application, the City Engineer or his/her designee shall either approve or deny issuance of a Permit or recommend that the application be forwarded to the City Council for review and approval. A. Conditions. Approval,denial,or approval subject to conditions of a Land Alteration Permit shall be based upon the following factors: ADDENDUM A 1. Whether, and the extent to which, the Land Alteration may create or exacerbate a safety risk to surrounding persons or property. 2. Whether, and the extent to which, the Land Alteration may cause any harm to the environment including, but not limited to, noise, dust, erosion, undue destruction of vegetation, and accumulation of waste materials and Pollutants. 3. Whether the physical characteristics of the Site, including but not limited to topography, vegetation, susceptibility to erosion or siltation, susceptibility to flooding, water storage or retention,are such that the Site is not suitable for Land Alteration or the use contemplated. 4. Whether the Land Alteration or proposed use is likely to cause substantial environmental damage. 5. Whether the Land Alteration or proposed use will be detrimental to the health, safety or general welfare of the public. 6. Whether adequate plans have been made for restoring and/or stabilizing the Site upon completion of the Land Alteration. 7. Whether there is a substantial likelihood that the Applicant will be able to comply with the rules and regulations of this and other applicable Sections of the City Code. 8. Whether the Site proposed for the Land Alteration is zoned for the use to which the Land will be put after the Land Alteration is completed. 9. If the City accepts maintenance of the Stormwater Facility,the City can require conveyance to the City or other public entity certain lands or interests therein. A Land Alteration Permit may be approved subject to conditions which limit the size; kind or character of the proposed Land Alteration; require the construction of Stormwater Facilities; require replacement of vegetation;establish monitoring procedures;require staging the work over time;and/or require buffering. B. Modifications. A Permittee may submit to the City a written request for modification of a Permit. The City Engineer or his/her designee shall review the request and either approve or deny the request or recommend that the request be forwarded to the City Council for review and approval. The City may require additional reports and data from the Permittee in reviewing the request. Subd.8.Inspections,Monitoring and Maintenance. Inspections of the Site to determine compliance with the requirements outlined in this Section are the responsibility of the Permittee and/or Owner of the Site. Sites which require a NPDES Permit or are greater than 1.0 acre in size must have inspections completed by a Certified Professional in Erosion& Sediment Control(CPESC)or a Licensed Professional Engineer(PE). Inspection results and maintenance activity reports must be completed and submitted in writing to the City. A. Right of Entry and Access to Materials. The City shall be entitled to enter and inspect the Site as often as may be necessary to determine compliance with this Section and shall be entitled to examine and copy records,wherever they may be kept that must be maintained pursuant to the Permit or required by state or federal law. B. Obstructions to Access. Any temporary or permanent obstruction to safe and easy access to a Site subject to be inspected shall be promptly removed by the Applicant at the request of the City and shall not be replaced. ADDENDUM A C. Monitoring of Stormwater Discharge. The City shall have the right to set up on any Site subject to a Permit NPDES Permit or SWPPP such devices as are necessary in the opinion of the City to conduct monitoring and/or sampling of the Stormwater. D. Inspections and Maintenance during Land Alteration Activities. During the Land Alteration the Permittee must inspect each Stormwater Facility and Erosion Control System bi-weekly and immediately after each rainfall event of 0.5 inches or more. Any erosion or breach in an Erosion Control System must be corrected within 48 hours of identifying the erosion or breach. Correction may include, but is not limited to: removal of silt, litter and other debris from catch basins, inlets and drainage pipes; removal of noxious or invasive weed species; or replacement of landscape vegetation. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of Erosion Control Systems and other Stormwater Facilities. E. Post Activity Inspections. Unless the Owner of a Property receives an exemption from the City Engineer for a minor Stormwater Facility all Stormwater Facilities must undergo, at a minimum, one inspection every five (5) years after completion of the construction to document maintenance and repair needs and ensure compliance with the requirements of this Section and accomplishment of its purposes. The inspection frequency may be increased as deemed necessary by the City to ensure proper functioning of the Stormwater Facility. The requirements of this paragraph pertain only to Stormwater Facilities which are not subject to an easement in favor of the City. F. Post Activity Stormwater Facility Maintenance. Owners of a Property which includes a Stormwater Facility must maintain the Stormwater Facility to ensure proper functioning of the Stormwater Facility over time. Maintenance shall include: removal of silt, litter and other debris from catch basins, inlets and drainage pipes; removal of noxious or invasive weed species; or replacement of landscape vegetation if needed. Any required maintenance shall be addressed in a timely manner, as determined by the City. The maintenance requirement may be increased as deemed necessary by the City to ensure proper functioning of the Stormwater Facility over time. The requirements of this paragraph pertain only to Stormwater Facilities which are not subject to an easement in favor of the City. G. Stormwater Facility Easement. When any new Stormwater Facility is installed on private property, or when any new connection is made between private property and a public Stormwater system, the property owner shall grant to the City an easement in recordable form granting the City the right to maintain, reconstruct,repair and inspect the Stormwater Facility. The easement shall include the right to enter onto the Site to gain access to the Stormwater Facility. Subd.9.Failure to Maintain Practices. If a Permittee fails or refuses to meet any of the requirements of this Section,the City, after reasonable notice,may correct a violation by performing all necessary work to place the Site in compliance with this Section. The notice shall set forth a deadline within which correction of the violation must be completed. The notice shall further advise that, should the Permittee fail to correct the violation within the established deadline, the work will be done by the City with its forces, or a contractor and the expense thereof shall be charged to the Permittee. Building inspections may be withheld until the violation is abated or corrected. If payment is not made within thirty(30) days after costs are incurred by the City, payment will be made from the Permittee's Financial Security as described in this Section. If there is an insufficient amount in the Financial Security to cover the costs incurred by the City or if there is no Financial Security for the project,then the City may thereafter if authorized by law assess the owner(s) of the facility or project site for the cost of repair work and any penalties and the cost of the work shall be a lien on the property and may be placed on the tax bill and collected as ordinary taxes by the county. Subd.10.Suspension or Revocation of Permit. ADDENDUM A The City may suspend or revoke the Permit as follows: A. Suspension. If the City determines that the permit was issued in error or on the basis of incorrect information; is in violation of any provision of this Section or any Ordinance or Regulation; or if an inspection reveals that the work is not in compliance with the requirements of this Section, the City may suspend the permit and issue a stop work order and the Permittee shall cease all work on the work Site except for work necessary to remedy the cause of the suspension. The Permittee may request a reinstatement of a suspended Permit upon correction of the causes for suspension. If the conditions of the Permit have been complied with in full,the City shall reinstate the Permit. B. Revocation. If the Permittee refuses or fails to cease work after the suspension, the City shall revoke the Permit. Subd.11.Financial Security. Financial Security is required prior to issuance of a Land Alteration Permit. The Financial Security may take the form of a performance bond or irrevocable letter of credit issued by a financial institution and in a form acceptable to the City or cash in United States currency. The performance bond,letter of credit,or an agreement relating to the deposit of cash with the City shall provide that the surety, in the case of a performance bond;the issuer of the letter of credit; and/or depositor of cash undertakes and guarantees the performance of Applicant's obligations pursuant to the terms of the Permit, including but not limited to, the Applicant's obligations imposed pursuant to this Section and indemnifying the City against any loss, cost or expense, including an amount as and for reasonable attorney's fees incurred in enforcing the obligations of Applicant pursuant to the permit. A. Land Alteration Permit Financial Security. The Council may make its approval of the issuance of a Land Alteration Permit contingent upon the Applicant posting Financial Security of 125 percent(125%)of the cost estimate stated in the application for a Land Alteration Permit and agreed by the City to be the cost of the work to be done under the Land Alteration Permit("Land Alteration Permit Financial Security"). B. Tree Replacement Financial Security. The Council may make its approval of the issuance of a Land Alteration Permit in which trees are required to be replaced contingent on the Applicant posting additional Financial Security of 150 percent (150%) of the estimated cost to furnish and plant the replacement trees ("estimated cost"). The estimated cost shall be at least as much as the reasonable amount charged by nurseries for the furnishing and planting of the replacement trees. The estimated cost shall be subject to approval by the City. In the event the estimated cost submitted by the Applicant to the City is not approved by the City, the City shall have the right in its sole discretion to determine the estimated cost ("Tree Replacement Financial Security"). Subd.12. Action Against Financial Security. The City may act against the appropriate Financial Security in the event of a violation of the terms of the Permit, including but not limited to the following: A. The Permittee stops performing the Land Alteration or Tree Replacement and abandons the work site for a period of thirty(30)days prior to completion of the Land Alteration or Tree Replacement. B. The Permittee fails to conform to the Land Alteration Permit as approved, and/or has had its Land Alteration Permit revoked. C. The techniques outlined in the Land Alteration Permit fail within one year of installation or before Final Stabilization is achieved for the Site or portion of the Site,whichever comes later. D. The City determines that action by the City is necessary to prevent excessive erosion from occurring on the Site,or to prevent sediment from occurring on adjacent or nearby properties. ADDENDUM A The City shall use funds recovered from the Financial Security to reimburse the City for all direct and indirect costs incurred in doing the remedial work undertaken by the City and/or private contractor under contract with the City. Subd.13. Release of Financial Security. The Land Alteration and Tree Replacement Financial Securities shall be released to the person who deposited the Financial Securities upon determination by the City that the conditions of the Land Alteration Permit and Tree Replacement Plan have been satisfactorily performed and no action has been taken by the City to recover all or a part of the Financial Securities before that determination has been made. No portion of the securities shall be released while there are unsatisfied obligations of the Permittee to indemnify the City for any expenses incurred in enforcing the terms of the agreement provided for in this Section. When more than half of the Site's maximum exposed soil area achieves Final Stabilization, the City can reduce the total required amount of the Financial Security by half,if recommended by the City Engineer or his/her designee. A portion of the Tree Replacement Financial Security shall be retained to secure the Permittee's obligation to remove and replant replacement trees which are not alive or are unhealthy at the end of one (1) year after the date that the last replacement tree has been planted to replant missing or unhealthy trees. Upon completion of the replanting of such trees,the entire Financial Security will be released. ADDENDUM B SECTION 11.51. STANDARDS FOR THE PROTECTION OF WETLANDS Subd.1. Preamble. This Code hereby incorporates by reference the Wetlands Conservation Act [Minnesota Statutes 103G.221 et seq. (herein after referred to as the WCA)] as amended and Minnesota Rules Chapter 8420 as amended. All wetlands,as defined in Section 11.51, Subd. 3 of this Code, including those governed by the Department of Natural Resources, are covered by this Code. Standards outlined in this Code have precedence over WCA in situations where the City Code is more restrictive than WCA. The following watershed districts are located in the City: 1. Lower Minnesota River 2. Nine Mile Creek 3. Riley Purgatory Bluff Creek The City is the acting Local Government Unit (LGU) for the Lower Minnesota River and Riley Purgatory Bluff Creek Watershed Districts. Subd.2. Purpose. Through the adoption and enforcement of this Code,the City shall promote the general health,safety,and welfare of its residents by both conserving and protecting wetlands and requiring sound management practices as provided for in the WCA when development occurs in the vicinity of wetlands. The intent of this Code is to avoid alteration and destruction of wetlands. By implementation of this Code,the City seeks to accomplish the following: 1. Balance the need to preserve and protect natural resources and systems with both the rights of private property owners and the need to support the efficient use of developable land within the City; 2. Promote water quality by maintaining the ability of wetlands to recharge ground water and receive the discharge of ground water,to prevent soil erosion, and to retain sediment, nutrients and toxicants in wetland buffer strip areas before it discharges into community wetlands, lakes and streams, thus avoiding the contamination and eutrophication of these water features; 3. Reduce human disturbances to wetlands by providing a visual and physical transition from surrounding yards; and 4. Provide wildlife habitat and thereby support the maintenance of diversity of both plant and animal species within the City. Subd.3.Definitions. The following terms, as used in this Section, shall have the meanings stated. Terms not defined shall have the meaning as stated in Section 11.02: A. "Applicant"—The"Applicant"means the person submitting a Development Application to the City. B. "Bog"—A"Bog"is a Type 8 Wetland as defined by U.S.Fish and Wildlife Circular 39. C. "City Manager"—The"City Manager" means the City Manager or his/her designee." D. "City Wetland Map"—The "City Wetland Map" is referenced as the City's Water Body Map as developed for the City's Local Water Management Plan and as amended from time to time as wetland, lake and stormwater pond conditions change or new information is collected. The City map adopted by this ordinance shall be prima facie evidence of the location and classification of a wetland. ADDENDUM B E. Combined Wetland Permit Application—An application form provided by the Minnesota Board of Water and Soil Resources (BWSR) for water and wetland projects affecting lakes, rivers, streams or wetlands. The Combined Wetland Permit Application is a single form that is completed and submitted to the Local Government Unit (LGU), the Department of Natural Resources (DNR), the Hennepin Conservation District (Hennepin County)and the U.S.Army Corps of Engineers(USACOE)for review and approval. F. "Development Application"—"Development Application"includes but is not limited to applications for Land Development, Site Plan Review, Planned Unit Development, rezoning, platting, land alteration, wetland alteration,wetland no-loss determination or Wetland Replacement. G. "Hydroperiod"—The extent and duration of inundation and/or saturation of wetland systems. H. "Local Government Unit" — The "Local Government Unit" (LGU) is a city council, town board, watershed management organization under Minnesota Statutes Section 103B.205, soil and water conservation district or their delegate. In cases where activity or replacement will occur on state land,the agency with administrative responsibility for that land is the LGU. I. "MinRAM" — The Minnesota Routine Assessment Methodology (MinRAM) as referenced in Minnesota Rules Chapter 8420. MinRAM is a field tool used to assess wetland functions on a qualitative basis. Functions include items such as vegetative diversity and integrity; wildlife habitat; water quality protection; flood & stormwater attenuation; recreation, aesthetics, education & science; fishery habitat; shoreline protection;groundwater interaction;and commercial uses. J. "Native Vegetation" - Plant species indigenous to Minnesota, or that expand their range into Minnesota without being intentionally or unintentionally introduced by human activity,and are classified as native in the Minnesota Plant Database (Minnesota DNR, 2002 or as amended). Native Vegetation does not include Weeds. K. "No-Loss Determination" — An application to the Local Government Unit (LGU) to evaluate whether the proposed work will result in a loss of wetland within the property. This would include activities listed in Minnesota Rules Section 8420.0415. The landowner is responsible for submitting the proof necessary to show qualification for the claim. The LGU may evaluate evidence for a no-loss claim without making a determination. L. "NURP Pond" — A stormwater pond constructed to meet National Urban Runoff Program (NURP) requirements. M. "Public Value Credit(PVC)" —Wetland replacement credit that can only be used for the portion of wetland replacement requiring greater than a 1:1 ratio of wetland fill to wetland replacement as allowed by Minnesota Rules 8420. N. "Setback"—The minimum horizontal distance between a structure and the nearest edge of the wetland buffer strip. O. "Scientific or Natural Area" — An area designated by local, state or federal action as providing unique qualities such as recreational, scientific or educational uses. This would include, but is not limited to areas that: • Have resources restored for specific purposes, such as water quality improvement, wetland replacement or wildlife habitat, • Have a direct hydrologic association with a designated trout stream, • Border the Minnesota River, ADDENDUM B • Are recognized as an Outstanding Resource Value Water(Minnesota Rules Chapter 7050) • Are within an environmental corridor identified in a local water management plan, • Are part of a sole-source aquifer recharge area, • Provide endangered species habitat,or • Have biological communities or species that area listed in the Natural Heritage inventory database. P. "Sequencing Flexibility"— Sequencing Flexibility is implemented after all alternatives have been considered in accordance with Minnesota Rules 8420.0520 and Section 4 of this Code. A "Sequencing Flexibility Report" must be provided if sequencing flexibility is requested to document that these conditions have been met and the proposed action or alternative. Q. "Structure"—A"Structure"means a Structure as defined in Section 11.02,59 of this Code. R. "Technical Evaluation Panel" — A "Technical Evaluation Panel" (TEP) is established for each LGU under Minnesota Rules 8420.0240. The TEP assists the LGU in making technical findings and provides recommendations for projects involving wetland alteration or wetland impacts at the request of the LGU, landowner or a member of the TEP. The TEP must include at least one technical representative from each of the following: • Board of Water and Soil Resources(BWSR) • Hennepin Conservation District(Hennepin County) • Local Government Unit(LGU) For projects involving public wetlands or affecting wetlands adjacent to public waters or public waters wetlands,the TEP shall include a technical professional employee of the DNR. The LGU or TEP may invite additional expertise to assist in the decisions. The TEP shall be coordinated by the LGU. S. "Weeds" -Weeds are (i)noxious weeds as defined and designated pursuant to the "Minnesota noxious weed law", Minnesota Statutes, Sections 18.76-18.88, as amended from time to time, or (ii) any volunteer plants, such as but not limited to spotted knapweed (Centaurea maculosa) or burdock (Arctium minus). For the purposes of this definition, weeds do not include dandelions or clover. The City Weed Inspector and/or Assistant City Weed Inspector shall maintain a current list of volunteer plants that are prohibited. T. "Wetland" - Lands transitional between terrestrial and aquatic systems, either created or natural, where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this definition,wetlands must: • Have a predominance of hydric soils; • Be inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions;and • Under normal circumstances support a prevalence of hydrophytic vegetation. U. "Wetland Alteration"—Alteration of a wetland includes changes to the wetland and/or wetland buffer strip in regards to size, depth or contour; dredging; tilling; damming; alteration of the watercourse;, ditching; tiling; grading; draining; discharge of water; appropriation of water; changes in vegetation; or otherwise altering or destroying a wetland or wetland buffer or their functions. Alterations would not include Native Vegetation ADDENDUM B plantings or selective clearing or pruning of prohibited or restricted noxious weeds as defined in Minnesota Rules Sections 1505.0730 to 1505.0750,unless within a Conservation Easement in which case submission of and written approval by the City of a Vegetation Management Plan on a form provided by the City is required. V. "Wetland Buffer Strip" -An area of vegetated ground cover around the perimeter of a wetland that, either in its natural condition or through intervention, has the characteristics of a Buffer as defined in Section 11.02, Subd. 7 of this Code, "Buffer". A "Wetland Buffer Strip Evaluation Report" is a report summarizing the results of an evaluation of the wetland and Wetland Buffer Strip in relation to the requirements defined in Section 11.51 Subd. 8 of this Code. W. "Wetland Delineation" —An assessment tool utilized to determine the boundary of a wetland using the US Army Corps of Engineers Wetland Delineation Manual (January 1987) as well as any additional boundary determination requirements established in Minnesota Rules Chapter 8420. A "Wetland Delineation Report" is a document that summarizes the observations, results and conclusions performed during the assessment when wetlands are present on the property. X. "Wetland Determination" — An assessment conducted utilizing the US Army Corps of Engineers Wetland Delineation Manual(January 1987)to determine whether a wetland is present within the property that may be impacted by a proposed project. A "Wetland Determination Report" documents the conditions that lead to the conclusion that wetlands may or may not be present on the property. Y. "Wetland Plan" — A summary of all work items to be completed in relation to any wetland alteration or wetland or wetland buffer strip restoration,replacement, or construction and the estimated cost for each item. Work items include, but are not limited to, wetland buffer strip monument purchase and installation; Weed control; landscaping within the wetland or wetland buffer strip; wetland or wetland buffer strip restoration; wetland and wetland buffer strip monitoring;wetland replacement monitoring; or any items determined to be incomplete during the development review process. Z. "Wetland Replacement"—Wetland habitat enhancement; wetland creation; restoration of wetland habitat or functions; construction; replacement; banking; wetland buffer habitat creation; wetland enhancement; or stormwater system construction. As a result New Wetland Credit (NWC) and/or Public Value Credit(PVC) are established for replacement of wetland impacts,loss of public values of the wetland functions or Wetland Alterations. A Wetland Replacement Plan summarizes the Wetland Alteration and the method in which the Wetland Alteration and/or loss of wetland function will be replaced as required in Minnesota Rules 8420. AA. "Wetlands,Exceptional Quality"-Exceptional Quality wetlands have an exceptional vegetative diversity and integrity function,based on the results of MinRAM. They typically have an undisturbed plant community or a plant community that is sufficiently recovered from past disturbances such that it closely represents pre- European settlement conditions. The wetlands contain an abundance of different plant species with dominance evenly spread among several species. They will contain very few non-native species and they may have or previously had rare,threatened or endangered plant species. Invasive or exotic plant species are either absent or limited to small areas where some disturbance has occurred. These wetlands exhibit no evidence of significant man-induced water level fluctuation. Reference wetlands established in the City's "Comprehensive Wetland Protection and Management Plan"are also included in this category. BB. "Wetlands, High Quality" - High quality wetlands have a high vegetative diversity and integrity function, based on the results of MinRAM, and are still generally in their natural state. They tend to show less evidence of adverse effects of surrounding land uses. Exotic and invasive plant species may be present and species dominance may not be evenly distributed among several species. There tends to be little evidence of water level fluctuation due to storms and their shorelines are stable with little evidence of erosion. They show little if any evidence of human influences resulting in higher levels of species diversity,wildlife habitat and ecological stability. CC. "Wetlands,Moderate Quality" -Moderate quality wetlands have a moderate vegetative diversity and integrity function,based on the results of MinRAM. They have a slightly higher number of native,non-invasive plant ADDENDUM B species present than low quality wetlands, often with small pockets of indigenous species within larger areas dominated by non-native,invasive,exotic or weed species. Their relatively greater species diversity results in slightly better wildlife habitat. They exhibit evidence of relatively less fluctuation in water level in response to storms and less evidence of shoreline erosion than low quality wetlands. They also exhibit relatively less evidence of human influences and therefore, tend to be of a higher aesthetic quality than low quality wetlands. DD. "Wetlands, Low Quality" - Wetlands included in this category have a low vegetative diversity and integrity functions, based on MinRAM, and have been substantially altered by activities such as agricultural or urban development that caused over-nitrification,soil erosion, sedimentation and/or water quality degradation. As a result of these factors these wetlands exhibit low levels of vegetation diversity; overcrowding and dominance of invasive or non-native species such as reed canary grass, cattails and purple loosestrife; and a related reduction in the quality of wildlife habitat. These wetlands may also tend to exhibit extreme water level fluctuations in response to rain events and show evidence of shoreline erosion. These wetlands do provide for water quality and serve an important role in protecting water quality downstream. EE. "Wetland Type"—The"Wetland Type"for each water regime will be determined in accordance with United States Fish and Wildlife Service Circular No. 30 (1971 Edition), Classification of Wetlands and Deepwater Habitats of the United States (Cowardin et al. 1979), Eggers and Reed(1997) and Minnesota Rules Chapter 8420. Each wetland type, which represents at least 10% of the vegetated wetland, including submergent vegetation, must be classified. For Wetland Replacement Plans, the wetland community classification listed in Minnesota Rules 8420.0111 Subp. 75 must be used to determine wetland replacement ratios. FF. "Wildlife Habitat"-Plant communities that support wildlife in a natural,undomesticated state. GG. "Yard"—That portion of a lot not occupied by a Structure. Yard does not include any wetlands or wetland buffer strips on the property. HH. "Yard-Front"—The portion of a Yard extending across the front of the lot between the side lines of the lot and lying between the front line of the lot and the nearest line of a building. II. "Yard-Rear"—The portion of a Yard between the rear lines of the building and the rear line of the lot,for the full width of the lot. JJ. "Yard-Side"—The portion of a Yard between the building and the side lot line,and extending from the front lot line to the furthest extent of the rear lot line. Subd. 4. General Provisions —Identification, Evaluation, Delineation, Replacement, Testing and Reporting Requirements. A. This Code shall apply to all lands containing wetlands and lands within the setback and wetland buffer strips required by this Code. Wetlands shall be subject to the requirements established herein,as well as restrictions and requirements established by other applicable Federal, State, and City ordinances and regulations.Nothing herein shall be construed to allow anything otherwise prohibited in the zoning district where the wetland is located. This Code establishes four wetland classifications as defined in Section 11.51, Subd. 3 of this Code; Exceptional Quality,High Quality,Moderate Quality,and Low Quality. B. The presence or absence of a wetland on the City Wetland Map does not represent a definitive determination as to whether a wetland covered by this Code is or is not present. Wetlands that are identified during site specific delineation activities but do not appear on the City Wetland Map are still subject to the provisions of this Code. C. Additional requirements for wetland identification, delineation, replacement, testing, reporting and bonding within areas where the City is the acting LGU shall be in accordance with the requirements outlined in Section 11.51, Subd. 11 of this Code as well as those set forth in Subd.4. ADDENDUM B D. Activities including, but not limited to, Wetland Alteration, digging, building, paving, mowing, cutting, dumping, yard waste disposal, fertilizer application, placing of debris and removal of vegetation are prohibited in wetland areas. Invasive non-Native Vegetation, such as European or glossy buckthorn and noxious weeds may be removed unless the area is in a Conservation Easement, in which case a Vegetation Management Plan on a form provided by the City is required. E. The Applicant must determine whether a wetland exists on a subject property or within the setback from a wetland on an adjacent property. The following report(s)must be provided based on site conditions. 1. If no wetlands are present, the Applicant must document site conditions in a Wetland Determination Report that includes evaluation of vegetation,hydrology and soil conditions. 2. If a wetland is present,the Applicant must delineate and document the boundary of the wetland(s)and the Wetland Type(s)in a Wetland Delineation Report in accordance with City and WCA requirements and document the conditions of the wetland buffer strip in a Wetland Buffer Strip Evaluation Report in accordance with Subdivision 8 of this Code. F. A determination of the function and value of the wetland(s)using the most recent version of MinRAM or other approved assessment methodology under Minnesota Rules Chapter 8420 must be completed by the Applicant: 1. For wetlands which are not identified on the City Wetland Map; 2. For wetlands for which the Applicant's wetland information is significantly different in function, size or position from the City's assessment;or 3. If required by the City Manager. The MinRAM assessment must be submitted to the City with the Wetland Delineation Report. G. Wetland Determination,Wetland Delineation and Wetland Buffer Strip Evaluation Reports shall be valid for no more than 3 years from the date of the field delineation for these reports unless required earlier by the Environmental Coordinator due to changes in site conditions such as in hydrology,soils or vegetation. H. Wetland Delineation and Wetland Determination Reports shall be prepared as outlined in Minnesota Rules Chapter 8420 and in the U.S. Army Corps of Engineers "Guidelines for Submitting Wetland Delineations to the St. Paul District Corps of Engineers and Local Units of Government in the State of Minnesota" and must include information necessary for the City to determine the wetland boundary and Wetland Type, including wetland delineation field data sheets,survey of the wetland evaluation area,soil analysis data,vegetation data and hydrology information both within and outside of the proposed wetland boundary. Wetland Delineation, Wetland Delineation Reports, Wetland Determination Reports and MinRAM assessments conducted or completed outside of the growing season will not be accepted for final review and approval by the City until the following growing season. Determination of non-growing season conditions will be in accordance with the"Guidelines for Submitting Wetland Delineations to the St.Paul District Corps of Engineers (COE) and Local Units of Government in the State of Minnesota" issued on April 17, 1996 (Publication 96-01078-SDE),unless the vegetation cataloging or hydrology conditions are,in the judgment of the Environmental Coordinator,unreliable. Approvals may be granted for Wetland Delineation, Wetland Delineation Reports, Wetland Determination Reports and MinRAM assessments conducted during the growing season, but submitted during the non- growing season, if the Environmental Coordinator determines there is sufficient information in the report and visible in the field at the time of the field verification to assess the three wetland parameters (hydrophytic vegetation, hydric soils and hydrology) in relation to placement of the wetland delineation line. If proper assessment of the delineation is not possible during the non-growing season, the City would consider the ADDENDUM B application incomplete until such time that appropriate field verification is possible. Preliminary approvals granted during the non-growing season must be verified during the growing season. If a MinRAM assessment is not provided during the growing season, the quality will be assumed as High Quality. J. An Applicant shall not be required to delineate wetlands or determine Wetland Type on adjacent property. An Applicant will be required to review available information, including but not limited to the City Wetland Map,County Soil Survey Map,U.S.Fish and Wildlife Service National Wetland Inventory(NWI)Maps,and visual information such as the presence of wetland vegetation and hydrologic evidence on an adjacent property which can be viewed from the subject property,to estimate the wetland boundary and Wetland Type. K. Written documentation identifying the presence or absence of wetlands on the property or the wetland conditions if wetland conditions are present, including all Wetland Determination, Wetland Delineation,No- Loss Determination and Wetland Buffer Strip Evaluation Reports, shall be provided to the City by the Applicant with the Development Application. The Applicant must contact the City to obtain a wetland or water body identification number and any information regarding the documented wetland, including any existing MinRAM information, for inclusion with documentation provided to the City by the Applicant. The Applicant must also contact the City to obtain a water body identification number for any existing or proposed stormwater pond or stormwater infiltration areas within the Development. L. Water quality testing results must be provided by the Applicant for any Development Application involving a wetland buffer strip of less than 100 feet for Exceptional Quality Wetlands which contain standing water during the growing season. One water sample must be collected each month between June and August from the surface water(within the upper 12 inches of water)and analyzed using a methodology pre-approved in writing by the City by an accredited laboratory for pH,conductivity,total phosphorus, soluble reactive phosphorus,total dissolved solids,total suspended solids and chlorides. The water quality testing results must be submitted to the City with the Wetland Delineation Report. M. For Development Applications involving Wetland Alteration,the Applicant must provide written documentation to the City with the Development Application that the sequencing steps set forth in Minnesota Rule 8420.0520 have been met. In following these steps,the Applicant must first demonstrate that alternatives to avoid and minimize wetland impacts have been evaluated. A minimum of three alternative plans must be evaluated and provided to the City for review,one of which must be a"no-impact"alternative. Wetland restoration or expansion of existing or historic wetlands is preferred rather than creating of new wetlands or other methods of Wetland Replacement. N. Unavoidable impacts to wetlands must be restored or replaced on-site unless the alternatives are not reasonably or practically available from an engineering standpoint or if the only feasible and prudent sites available have greater ecosystem function and public value than the proposed wetland and it is an area that is to be preserved by a Conservation Easement or other such instrument. If impacts cannot be restored or replaced on-site,the Applicant must evaluate alternate sites in the following order of priority: 1. Within the City of Eden Prairie 2. Within the same subwatershed 3. Within the same watershed(Nine Mile Creek,Lower Minnesota River or Riley-Purgatory-Bluff Creek watershed) 4. Within the seven-county metropolitan area of the Minnesota River — Shakopee major surface water watershed(No. 33) 5. Within the Minnesota River—Shakopee major surface water watershed(No. 33) ADDENDUM B Wetland restoration or replacement must at a minimum meet the ratio requirements under Minnesota Rules 8420.0522 to achieve full replacement of wetland function and value unless minimum replacement ratios established by the Watershed Districts or USACOE are greater than the WCA requirements. O. Sequencing flexibility will not be implemented unless alternatives have been considered and unless the proposed replacement wetland will provide equal or greater functions and public values as determined based on a functional assessment reviewed by the Technical Evaluation Panel using a methodology approved by the Minnesota Board of Water and Soil Resources (BWSR). The Applicant must provide all necessary information. Flexibility in application of the sequencing steps will be considered only if the criterion set forth in Minnesota Rule 8420.0520 Subp. 7a are met and the wetland to be impacted has been degraded to the point where replacement would result in a gain in function and public value or preservation of the wetland would result in degradation of the wetland's function and values. P. Conceptual Wetland Replacement Plans for any proposed impacts that require replacement under WCA or U.S. Army Corps of Engineers regulatory programs must be provided to the City by the Applicant with the Development Application. The Applicant must contact the City to obtain a water body identification number for use in the Wetland Replacement Plans for any replacement wetlands constructed within the City. Final Wetland Replacement Plans must be submitted to the City for review and approval prior to submittal of the Development Plans to the City Council for review and approval. Q. If the Applicant disputes whether a wetland exists or its classification,the Applicant has the burden to supply detailed information supporting the Applicant's assertion. This includes,but is not limited to,historical aerial photography, topographic,hydrologic, floristic, and/or soil data deemed necessary by the City or LGU under the WCA to determine the jurisdictional status of the wetland,its exact boundary and its classification. R. Wetland Buffer Strip Evaluation, Wetland Delineation, Wetland Determination and Sequencing Flexibility Reports and Wetland Replacement Plans supplied by the Applicant shall be prepared by a Minnesota Certified Wetland Delineator in accordance with current state and federal regulations. Wetland delineators must satisfy all certification requirements that are established by the U.S. Army Corps of Engineers and/or BWSR or, in the absence of such certification, are determined by the City Manager to be a qualified wetland delineator. S. Prior to release of the final plat for any portion of the subject property, Developer shall submit an executed contract with a qualified wetland consultant,as determined by the City Manager,who will prepare the Annual Wetland and Wetland Buffer Strip Evaluation Report("Annual Buffer Report")which evaluates the condition of the wetland(s)and wetland buffer strip(s). The Annual Buffer Report shall provide both an action plan and proposed cost for correction of all problems identified. The first Annual Buffer Report shall be submitted no later than November 1 of the calendar year in which preparation, grading, seeding, planting and/or monumentation of the wetland(s) and/or wetland buffer strip(s) is completed. Thereafter, this report shall be submitted by November 1 each year until two full growing seasons following completion of the development have passed,at which point a Final Annual Buffer Report shall be submitted.The Final Annual Buffer Report shall evaluate the wetland(s) and /or wetland buffer strip(s) to determine if the wetland(s) and/or wetland buffer strip(s)remain in compliance with all City requirements. If any unacceptable conditions or vegetation are identified within the Annual Buffer Reports or the Final Annual Buffer Report, the Developer shall correct the area(s) identified within ninety (90) days of submission of the Report, or by June 15th of the following year if submitted during the non-growing season. T. Wetland Replacement Monitoring Reports are due by November 1 each year until the wetland replacement is determined to be complete by the LGU with advice from the Technical Evaluation Panel as outlined in Minnesota Rules Chapter 8420 and Subdivision 11 of this Code. U. An Applicant may request an exemption or no-loss determination from the applicable LGU in accordance with Minnesota Rules 8420.0420 and Minnesota Rules 8420.0315 and 8420.0415 and 8420.0320. Subd.5. General Standards ADDENDUM B The following standards apply to all lands that contain and/or abut a wetland or a wetland buffer strip: A. Structures intended to provide access to or across a wetland or wetland buffer strip shall be prohibited unless a permit is obtained from the City and is in conformance with Minnesota Statutes and applicable state rules and regulations. B. The Minnesota Pollution Control Agency's Urban Best Management Practices shall be followed to avoid erosion and sedimentation during the construction process. In addition, the Applicant shall follow the regulations set forth in City Code Section 11.55. C. Where wetland replacement or a wetland buffer strip is required,the Applicant shall,before the City releases the final plat or,if there is no plat approval involved,the first building permit for the entire subject property: 1. Submit to the City Manager and receive the City Manager's approval of a conservation easement for protection of the wetland and approved wetland buffer strip. The easement must describe the boundaries of the wetland and wetland buffer strips, monuments and monument locations and prohibit any Structures,paving, mowing, introduction of non-native vegetation, cutting, filling, dumping, yard waste disposal, fertilizer application or removal of the wetland buffer strip monuments within the wetland buffer strip or wetland. 2. Submit evidence to the City Manager that the approved easement document has been recorded in the Hennepin County Recorder's/Registrar of Titles'office. 3. Submit a duplicate original of the easement document executed and acknowledged and otherwise in form and substance acceptable for filing with the Hennepin County Recorder/Registrar of Titles office. 4. Submit to the City Manager and receive City Manager's approval of a Declaration of Covenants and Restrictions for any wetland replacement in accordance with Minnesota Rules Chapter 8420. 5. Submit evidence to the City Manager that the approved Declaration of Covenants and Restrictions has been recorded in the Hennepin County Recorder's/Registrar of Title's office. D. Yards shall be sodded, seeded and/or mulched within six months of ceasing land alterations in accordance with Section 11.55 Subdivision G.8 of this Code. Wetlands, wetland buffer strips and wetland replacement areas shall be seeded and/or planted in accordance with Subdivision 8 within sixty(60)days of completion of land alteration. All sodding, seeding or planting must be completed prior to removal of any erosion control. If construction is completed after the end of the growing season, erosion control shall be left in place and all disturbed areas shall be mulched to protect these areas over the winter or non-growing season. Variances for sod outside of the wetland buffer strip areas, in accordance with City Code Section 9.71, shall be considered on a case by case basis. E. Stormwater shall not be discharged directly into any natural water bodies such as wetlands, lakes or creeks without pre-settlement, infiltration, filtration or other pre-approved method. The pre-treatment must be approved in writing by the City Manager. Subd.6. Wetland Buffer Strips and Setbacks A. For a Lot of record or a Development Application approved by the City Council after February 1, 2000, the Applicant shall maintain a wetland buffer strip around the perimeter of all wetlands and all stormwater ponds which are constructed as part of a Wetland Replacement Plan. The setback and wetland buffer strip provisions of this Code shall not apply to a Lot of record as of February 1, 2000 or for Development Applications for which site plans,preliminary plats, final plats or planned unit development plans have been approved by the City Council prior to this date. The City strongly encourages the use of a wetland buffer strip and setback on all lots in the City. ADDENDUM B B. Wetland buffer strips and structure setbacks shall apply regardless of whether or not the wetland is on the same parcel as a proposed Development Application. For parcels in which the wetland is on an adjacent parcel, the setback and wetland buffer strip requirements for the parcel shall be reduced by the distance between the property line of the parcel and the wetland on the adjacent parcel. This provision in no way reduces or eliminates any other setbacks required by the City Code or any other law or regulation. C. The Applicant shall establish and maintain wetland and wetland buffer strip vegetation in accordance with the requirements found in Section 11.51, Subd. 8 of this Code. Wetland buffer strips shall be identified within each Lot by permanent monumentation approved by the City Manager in accordance with Section 11.51, Subd. 7 of this Code. D. Non-native or invasive vegetation, such as European buckthorn, purple loosestrife and reed canary grass, or dead or diseased trees that pose a hazard may be removed as long as a Vegetation Management Plan is submitted to the City Manager on a form provided by the City for review and written approval. The Vegetation Management Plan must maintain the wetland and wetland buffer strip standards found in Section 11.51, Subd. 8 or as required by the City Manager. The Vegetation Management Plan form must be obtained from the City. E. For roadways or other Structures where the City determines that there is no practical alternative except to be aligned either adjacent to or across wetlands, additional wetland filling to create a wetland buffer strip shall not be required. F. Trails that are intended to serve an interpretive function are exempted from the wetland buffer strip requirement. All other areas and Structures, including retaining walls, roadways and trails, shall meet the setbacks and wetland buffer strip standards established in Table 1 below. The use of a meandering wetland buffer strip to maintain a natural appearance is preferred. G. An existing Structure, driveway or parking area would be considered a legal nonconforming Structure if a later WCA delineation shows that the wetland is closer than the required setback. Table 1-Wetland Buffer Strips and Setbacks _ Exceptional High Moderate Low Wetland Buffer Strip Minimum Width 40' 30' 20' 10' Wetland Buffer Strip Minimum Average Width 60' 60' 40' 20' Structure Setback(from Wetland Buffer Strip) 25' 25' 15' 15' Total Minimum Average 85' 85' 55' 35' H. The wetland buffer strip width for stormwater ponds or infiltration areas utilized for Public Value or New Wetland Credit shall be measured from the Ordinary High Water Level (OHWL) of the pond or infiltration area and shall be considered of moderate quality. Subd.7. Monumentation A monument is required at each Lot line where it crosses a wetland buffer strip and shall have a maximum spacing of 200 feet along the edge of the wetland buffer strip. Additional monuments shall be placed as necessary to accurately define the edge of the wetland buffer strip. If no wetland buffer strip is required, monuments shall be placed at the wetland boundary. The monument shall consist of a post and a wetland buffer strip sign. The post shall be a 1.12 to 2.0 pounds per foot (1.12 pounds per foot is preferred) green steel channel post or other material pre-approved in writing by the City Manager. The post shall be a minimum of 2.25 inches wide and 6 feet 6 inches long (2.25"x 6.5'). The sign shall have a minimum size of 3 inch by 8 inch(3"x 8"). The sign shall be mounted flush with the top of the post and shall include the statement "Wetland Buffer: No Mowing Allowed" or"Wetland Buffer: Vegetation Clearing Limit". The post shall be mounted to a height of four feet above grade and set at least 2.5 feet in the ground. Monuments may be waived in unusual circumstances where the City determines that such signs would not serve a practical purpose. ADDENDUM B Subd.8. Vegetation Performance Standards A. Where acceptable native,non-invasive vegetation exists in wetland, wetland replacement and wetland buffer strip areas, the retention of such vegetation in an undisturbed state is required unless an Applicant receives written approval from the City or any other agency which may regulate the removal of vegetation to replace such vegetation. A wetland and/or wetland buffer strip has acceptable natural vegetation if it: 1. Has a continuous, dense layer of perennial grasses that have been uncultivated or unbroken for at least 5 consecutive years,or 2. Has an overstory of trees and/or shrubs with at least 80 percent canopy closure that have been uncultivated or unbroken for at least 5 consecutive years,or 3. Contains a mixture of the plant communities described in(1)and(2)above that have been uncultivated or unbroken for at least 5 consecutive years. B. Notwithstanding the performance standards set forth above in Subdivision 8 (A), the City Manager may determine existing wetland and/or wetland buffer strip vegetation to be unacceptable if the wetland and/or wetland buffer: 1. Is composed of Weeds (including, but not limited to common buckthorn, purple loosestrife, leafy spurge and/or noxious weeds as defined by Minnesota Statutes, Sections 18.76-18.88),or 2. Has topography that tends to channelize the flow of surface runoff,or 3. For some other reason it is unlikely to retain nutrients and sediment. C. Areas with unacceptable vegetation shall be re-graded,re-seeded and/or re-planted as needed and maintained. The wetland, wetland replacement and wetland buffer strip planting requirements must be identified in the Wetland Delineation Report or Wetland Buffer Strip Evaluation Report. Wetland, wetland alteration, wetland replacement and wetland buffer strip landscaping shall be according to the following standards: 1. Planted with a diverse native, non-invasive seed mix appropriate for the specific site conditions that contains 100 percent perennial native vegetation. A one-time planting of an annual nurse or cover crop such as oats or rye may be included. 2. Seed mix used shall be a BWSR seed mix appropriate for the area requiring reseeding or other alternative pre-approved in writing by the City Manager. The seeding rate shall be at the rate recommended by the BWSR seed mix criteria or other pre-approved alternative. 3. Native shrubs may be substituted for the native seed mix where appropriate. All substitutions must be pre-approved in writing by the City Manager. Such shrubs may be bare root seedlings and shall be planted at a minimum rate of 60 plants per acre. Shrubs shall be distributed so as to provide a natural appearance and shall not be planted in rows. 4. Any groundcover or shrub plantings installed within the wetland or wetland buffer strip are independent of landscaping required elsewhere by the City Code. 5. Native prairie grasses and forbs shall be seeded or planted in accordance with"Restoring&Managing Native Wetland & Upland Vegetation" (published January 2006 by the Minnesota Department of Transportation(MnDOT)and BWSR) or other alternate method pre-approved by the City Manager by a qualified contractor. Determination of the contractor's qualifications shall be made by the City Manager. It is the responsibility of the Applicant to have the contractor and method used approved by the City Manager prior to planting or seeding. ADDENDUM B 6. No fertilizer shall be used in establishing new wetland buffer strips, except when deemed necessary to establish acceptable wetland and/or wetland buffer strip vegetation and then limited to amounts indicated by an accredited soil testing laboratory. Determination of proper accreditation shall be made by the City Manager. 7. All seeded areas shall be mulched immediately with clean straw at a rate of 1.5 tons per acre. Mulch shall be anchored with a disk or tackifier. 8. Wetland, wetland replacement and wetland buffer strip areas (both natural and created), shall be protected by erosion control during construction in accordance with Section 11.51, Subd. 7 of this Code. 9. The erosion control shall remain in place until the cover crop is established. D. The Applicant shall establish and maintain the wetland and wetland buffer strip vegetation in accordance with the requirements found in this Section, both during development and for two full growing seasons after completion of the development. During this time, the Applicant must replant any wetland and/or wetland buffer strip vegetation that does not survive. E. After the second full growing season following completion of the development, if the condition of the wetland and/or wetland buffer strip diminishes,the Applicant shall not be required to reestablish the wetland and/or wetland buffer strip to meet the standards contained in Section 11.51, Subd. 8 of this Code. Wetlands created for Wetland Replacement must be monitored and maintained by the Applicant until the wetland is reviewed and approved by the LGU in accordance with the requirements established by Subdivision 11 of this Code and Minnesota Rules Chapter 8420. After such times,the property owner on which the wetland and/or wetland buffer strip is located shall be responsible for the maintenance of the wetland, wetland alteration, wetland replacement and/or wetland buffer strip areas and must: 1. Maintain and repair damage to wetland and/or wetland buffer strip areas from activities such as mowing, cutting, grading or other prohibited activities unless approved by the City in writing as a Vegetation Management Plan. 2. Maintain only vegetation permitted in the Vegetation Management Plan or as found in Section 11.51, Subd. 8 of this Code in the wetland and wetland buffer strip, including the removal of all Weeds, unless allowed otherwise in writing by the City Manager. 3. Ensure that all soil surfaces in wetland and wetland buffer strip areas are planted with permitted vegetation and that there are no open soil surfaces that may result in erosion. 4. Maintain the wetland and wetland buffer strip as a"no mow"area. Subd.9. Encroachment in Required Setback and Wetland Buffer Strip Areas A. Wetlands,wetland buffer strips and structure setback areas must be kept free of all Structures. A maximum of ten percent(10%)of the Structure Setback area may be occupied by any Structures. The acceptability of the proposed Structures within the Structure Setback area shall be made by the City Manager. B. Wetlands and wetland buffer strips must not be mown except as pre-approved in writing by the City Manager for maintenance practices. The acceptability of the proposed maintenance practices shall be made by the City Manager. C. Variances/Waivers 1. Only variances meeting the standards and criteria set forth in Section 11.76, Subd. 1 and waivers approved pursuant to Section 11.40, Subd. 8 of this Code for a Planned Unit Development (PUD) ADDENDUM B process shall be granted. All variance requests must be made to the Board of Adjustments and Appeals. All waiver requests must be made to the Planning Commission and the City Council. 2. Variances or waivers shall not be granted which would circumvent the intent and purposes of Section 11.51 of this Code. Subd. 10. Performance Bond Required. If a Development Application includes wetland alteration, wetland or wetland buffer strip landscaping or construction of a wetland buffer strip the Applicant must file with the City Manager prior to release of the final plat, or, if there is no plat approval involved, prior to the first building permit for the entire subject property, a performance bond, cash escrow or letter of credit with a corporation approved by the City Manager, as surety thereon,or other guarantee acceptable to the City Manager and in an amount determined by the City Manager as set forth below. Performance Bond requirements for Development Applications for areas where the City is the LGU are set forth in Section 11.51 Subdivision 11. A. Amount-The amount shall be for no less than one and one-half(1 '/2)times the amount estimated by the City Manager as the cost of completing a Wetland Plan for monument installation and replacement and restoration and/or correction of the wetland and/or wetland buffer strip. B. Schedule -The performance bond for the Wetland Plan must cover two complete growing seasons following completion of the development and full and final restoration of all corrective actions identified in the Final Annual Report and is conditioned upon complete and satisfactory implementation of the approved Wetland Plan or Vegetation Management Plan and final inspection of the wetland and wetland buffer strip by the City. C. Submittals—The Applicant shall provide one copy of a signed contract with an environmental consultant to monitor annual compliance and certify final completion of the wetland, wetland buffer strip and wetland replacement requirements. D. Form of Application—The performance bond, cash escrow, letter of credit or other guarantee acceptable to the City Manager shall be posted within 10 days of approval of the Development Application and prior to the commencement of the Development or the preparations thereof. Subd. 11 -Special Requirements for Wetland Conservation Act(WCA)Services The following provisions apply to areas for which the City of Eden Prairie is Local Government Unit (LGU). All survey information must be provided in the Minnesota County Coordinate System, Hennepin County North American Datum 1983 (NAD83) (1996) projection in U.S. Survey feet. All vertical elevations shall be in North American Datum 1988(NAVD88). A. Wetland Evaluation/Wetland Determination Review—An Applicant submitting a Development Application must provide a report documenting site conditions; wetland delineation review procedures; a statement as to whether wetlands are present on site and whether the development proposal will result in a loss of wetland. All reports required in this section must be approved by the Environmental Coordinator. The decision of the Environmental Coordinator shall be final unless within 30 days of the date of mailing of the decision the Applicant files an appeal with the City Council pursuant to City Code Section 2.80. Reports must be prepared in accordance with paragraph B. B. Wetland Delineation, Wetland Determination and No Loss Determination Review Application — The Applicant shall complete and file with the Environmental Coordinator an Application for Review of Wetland Determinations in the form required by the Environmental Coordinator. The Application, including the following information, must be filed with the Environmental Coordinator a minimum of one week prior to scheduling a field review by the Environmental Coordinator: ADDENDUM B 1. Wetland Delineation Report, Wetland Determination or No Loss Determination Report, one print copy and one electronic (PDF) version in color (all maps in the PDF version need to be developed for an 11"x 17"printable format with sufficient detail so all features are legible); 2. Wetland Buffer Strip Report, one print and one electronic copy (PDF) must be submitted with the Wetland Delineation or No Loss Determination Report; 3. Scaled public land survey map of the wetland delineation and boundary, transect locations and sample points; 4. Survey data in a format compatible with ArcView software; 5. A minimum of two wetland data forms per wetland representing the wetland parameters at two locations along with a data form documenting upland conditions at each location; 6. Color copies of current and historical aerial photographs as required to define current and historic wetland conditions or wetland boundaries; 7. Field data sheets documenting soil, vegetation and hydrology conditions at a minimum of two locations;and 8. Such other information as required by the Environmental Coordinator. Source: Ordinance No.8-2009 Effective Date: 8-27-2009 C. Permit Application Requirements — Wetland Alteration, constructing boardwalks, removing healthy native vegetation or otherwise altering or destroying any wetland or wetland function, either wholly or partially,by any person requires submittal of a Combined Wetland Permit Application for review and approval by the City. Except for those wetlands exempt under Minnesota Rule 8420.0420, any alteration to a wetland must result in a zero net loss. D. Wetland Replacement Plan Application—A Combined Wetland Permit Application for Wetland Replacement shall be made in writing to the City. The Application shall set forth the location and plan for the proposed project. The Applicant must provide seven printed and one electronic (PDF) version in color (all maps in PDF version need to be developed for an 11"x 17"printable format with sufficient detail so all features are legible). The Application must include: 1. The name and address of the person(s)applying for the permit(Applicant). 2. The name and address of the owner(s)of the land where the project will occur. 3. The name and address of the managing agents or consultants that are or may be involved with the wetland alteration and/or replacement activities. 4. The estimated period of time within which the project will be conducted. 5. A topographic map of the proposed project area(s) to a minimum scale of one inch equals 50 feet showing existing ground elevation contours at two-foot intervals. The map shall show: a. The size and location of the wetland in relation to the property boundaries, including a scaled public land survey with the coordinates of the approximate wetland center and sample locations. b. The property and a minimum of 50 feet of land abutting the property, as it existed prior to the proposed land alteration. c. The proposed ground elevation contours at 2 foot intervals on the property when the land alteration is completed. ADDENDUM B d. Locations of any surface inlets or outlets draining into or out of the wetlands. e. Pre-and post-drainage areas for all existing and proposed wetlands. f. Photographic reference points and proposed transect or sampling locations for wetland replacement or wetland banking plans. g. Survey data in a digital shapefile or comma delimited ASCII file format compatible with ArcView software. 6. Wetland Type of all existing and proposed wetlands, including a comparison to the Eggers and Reed "Wetland Plant Community Types"document. 7. Recent color aerial photograph of the proposed impact area. 8. Grading plan of the proposed project area(s)to a minimum scale of one inch equals 50 feet prepared by a registered professional engineer that includes appropriate drainage areas and drainage calculations, proposed two-foot contours of the land when the project is complete and erosion control to be used during construction. Construction details, including the proposed elevations and contours, for any control structures must be included on the plans. 9. A list of dominant or abundant vegetation in each stratum, utilizing the "50/20 rule" in the proposed impacted/altered wetland areas, including scientific and common names, and of vegetation exceeding 10%coverage and an estimated percentage of coverage for each. 10. A soils map of the site showing soil type and substrate. 11. Landscaping or revegetation plan at the same scale as the topographic map. 12. Such other information as may be necessary to evaluate the proposed wetland alteration and wetland replacement plans and to determine the amount and types of wetland to be impacted. 13. Evidence of ownership or property rights to the affected area. 14. Such other information as required by Minnesota Rule 8420.0330 and the City. E. Wetland Replacement Plan Approval - Wetland Replacement Plan Applications shall be allowed subject to approval by the City Council unless the area to be altered or impacted is less than 5,000 square feet in size in which case the Plans shall be subject to approval by the Environmental Coordinator. If the City determines that a feasible and prudent alternative exists that would avoid or minimize impacts to the wetland it shall deny the Application. The City shall make its decision regarding the Wetland Replacement Plans in accordance with Minnesota Statutes 15.99, Subd. 3. Approval of the Application shall be valid for a period of no more than three years. If the work has not begun within three years of the date of approval of the Application,the approval shall be void. Approval of an Application for Wetland Alteration and/or Wetland Replacement does not exempt the Applicant from obtaining any and all other necessary permits for work within a wetland and/or wetland buffer. F. Wetland Replacement Annual Reports — Annual reports shall be prepared in accordance with Minnesota Rules 8420.0810 and must include the following information: 1. Reference photographs taken within 4 weeks of completion of the grading and within 4 weeks of completion of the landscaping. 2. A description of activities completed in the current year ADDENDUM B 3. A list of activities planned for the following year 4. As-built plans (for the first year only)to a minimum scale of one inch equals 50 feet showing existing ground elevation contours at two-foot intervals 5. A comparison of actual conditions with the as-built specifications and proposed plans 6. Monthly hydrology measurements from April through October 7. A list of vegetation that have 10%coverage or more 8. A comparison of proposed versus actual Wetland Types within the wetland and wetland replacement areas 9. Map of the plant communities within the wetland, wetland replacement and wetland buffer areas included in the Wetland Replacement Plan. The map shall be overlain on the topographic map provided for the Wetland Replacement Plan. 10. Monthly color photographs from the photographic reference points from April to October. 11. All information required by Minnesota Rules 8420 for wetland replacement reporting. Wetland Replacement Annual Reports must be submitted by November 1 each monitoring year. If the City does not receive either : 1) an annual monitoring report; or 2) notification that the report will be provided prior to December 31 st by the November 1st deadline the City will charge the Applicant for cost incurred by the City,including staff time,to collect the information needed to complete the Wetland Replacement Annual Report. One print and one electronic(PDF)copy in color(all maps in PDF version need to be developed for an 11"x 17"printable format with sufficient detail so all features are legible)shall be submitted for review. G. Fees—Submittal of requests for wetland determinations, sequencing flexibility, wetland delineation reviews, field or technical reviews of current or historic wetland and/or wetland buffer conditions,or an application for a Wetland Replacement Plan shall be accompanied by a non-refundable application fee and a cash deposit in such amounts as determined by the City Council and fixed by Ordinance. The cash deposit, or a portion thereof, will be refunded after final City Council action on the Development Application, or if there is no Development Application, after completion of City review and approval of the submittal,unless the total sum is greater than the administrative review cost. Costs may include,but are not limited to: 1. Consultant fees assisting in City review, providing technical assistance or other services required to meet WCA requirements. 2. City staff time expended in review, approval and processing of the Application or other services required to meet WCA requirements. 3. Consultant fees or City staff time expended in coordinating and holding Technical Evaluation Panel meetings. 4. Mailing,legal notices and other administrative costs. 5. Any other reasonable costs incurred by the City in review of the proposal. Full payment of the fees and cash deposit must be made by the Applicant prior to consideration of the Development Application. All costs incurred by the City greater than the cash deposit balance will be billed to the permit holder. ADDENDUM B H. Performance Bond—The performance bond, cash escrow or letter of credit required in Section 11.51, Subd. 10 shall include costs associated with the City and WCA requirements for Wetland Alteration or Wetland Replacement projects, including but not limited to construction, seeding,planting,monument installation and annual monitoring for a minimum period of 5 years. The Bond must include costs associated with re-grading or purchase of off-site Wetland Replacement if on-site Wetland Replacement is unsuccessful. The performance bond,cash escrow or letter of credit shall be extended beyond the required monitoring period for up to an additional five-year period if, in the written opinion of the Technical Evaluation Panel, the goal of the replacement plan has not been achieved but may be achieved with more time. The amount of security shall be 150% of the estimated cost to complete the scope of work associated with the Wetland Plan and Wetland Replacement Plan. I. Wetland construction or replacement must be conducted as required in Minnesota Rules 8420 and the Minnesota Wetland Restoration Guide(BWSR). Source: Ordinance No.9-2008 Effective Date: 3-27-2008 Prey. Source: Ordinance No. 6-2003 Effective Date: 4-10-2003 Prey. Source: Ordinance No. 6-2000 Effective Date: 2-10-2000 (Sections 11.52 through 11.54,inclusive,reserved for future expansion.) ADDENDUM C Subd.6. Site Plan and Architectural Design Review. A. Approval Required. No building permit shall be issued for the construction of any(i)building or structure situated or to be constructed within any District, except, (a) those within the Rural District or One-Family Residential Districts,and(b)duplexes(dwellings designed for or occupied by two families),or(ii)building or structure constituting a public infrastructure, situated or to be constructed within any District, including but not limited to Rural and One-Family Residential Districts, unless it shall conform to a Site Plan and Architectural Design as described in C. hereof, or an amendment thereof, which has been approved by the Council and such approval is effective as hereinafter provided. No building permit shall be issued for the construction of an alteration or enlargement of a(i)building or structure situated within any District,except,(a)those within the Rural District or One-Family Residential Districts, and (b) duplexes (dwellings designed for or occupied by two families), or (ii) building or structure constituting a public infrastructure,including but not limited to Rural and One-Family Residential Districts, unless it shall conform to a Site Plan and Architectural Design as described in C. hereof, or an amendment thereof, which has been approved by the Council and such approval is effective as hereinafter provided. The approval of a Site Plan and Architectural Design shall be effective for a period of two years from the date first approved by the Council,provided however, the Council may within the two year period(or any extension thereof as hereinafter provided) extend the two year period for an additional period or periods of two years each. Source: Ordinance No.25-89 Effective Date: 8-17-89 Source:Ordinance No. 1-89 Effective Date: 3-9-89 B. Exceptions. The provisions of this subdivision shall not apply to the issuance of a building permit for(a)a building or structure to be built or constructed on land in conformity with a Site Plan approved prior to February 21, 1989,but not more than two years prior to issuance of the building permit by the City Council in connection with the rezoning or platting of the land, or (b) the building or alteration of an antenna or tower except an antenna or tower which is greater than eighty(80)feet in height. The City Planner may determine that an alteration or enlargement of a building or structure is minor and does not require conformance with an approved Site Plan and Architectural Design or an amendment thereof, provided however, if the Director shall not make such a determination an owner of the land on which the building or structure intended to be altered or enlarged is situated may request the Council to make such determination. Source:Ordinance No.27-97 Effective Date: 6-13-97 Source:Ordinance No. 1-89 Effective Date: 3-9-89 C. The terms"Site Plan and Architectural Design" as used in this subdivision mean a plan produced in written, graphic and/or pictorial form prepared by a registered architect,landscape architect or engineer which shall include the following: (1) a detailed natural systems analysis which documents existing physical features such as vegetation, soil types, slopes, hydrologic systems, wildlife, and ecology, (2)proposed construction of all site alterations including grading, drainage, utilities, and storm sewer, (3) building locations, (4) landscaping and screening, (5) lighting, (6) plans for all pylon, monument, and building signs, (7) an architectural plan of the exterior of the building or structure intended to be constructed,altered,or enlarged situated on the site depicting the building elevation, including its height from the surface of the ground in its altered or finished condition; its width and depth, its location in relation to the land on which it is ADDENDUM C situated, and its external appearance such as materials,texture and color, and(8) such other information as may reasonably be required by the City. D. The owner of property for which approval of a Site Plan and Architectural Design is required by this subdivision may apply for Site Plan and Architectural Design review and approval by filing an application with the City Planner on the form provided by the City Planner and containing the information required by such form accompanied by a Site Plan and Architectural Design,together with such further information as may reasonably be required by the City Planner. E. A Site Plan and Architectural Design may be evaluated by the Council according to its compliance with the following standards and provisions: 1. Adherence to, and consistency with, the City's policies and objectives as reflected in the Comprehensive Guide Plan; 2. Adherence to,and consistency with,the City's Code relating to zoning and the subdivision of land. 3. The preservation and enhancement of the natural and built environment as well as those modifications already effected by development and construction upon the land, including the minimization of:tree loss,soil removal,wetland,floodplain,lake and creek encroachment;and the maintenance of the general natural topography or physical grade of the land consistent with that of adjoining properties. 4. Maintenance of open space to provide a desirable environment both for occupants of the site and the general public. 5. Transitions where there are differences in land use, building mass, height, densities, and site intensity, in proximity to that which is the subject of the Site Plan and Architectural Design. Transitions may be accomplished by increased setbacks,berming,plantings,larger lot sizes,lower densities,lower flood area ratios,and smaller buildings. 6. Provision for safe and convenient vehicle and pedestrian traffic, including interior drives and parking arrangements which facilitate clear access to public streets, appropriate widths for drives and access points,and the separation of vehicular and pedestrian traffic. 7. The minimization of negative impacts upon other land uses of surface water run-off, noise, glare, odors,vibrations,dust,loading areas,parking areas,and refuse areas. 8. Compatibility of materials, textures, colors, and other construction details with other structures and uses in the vicinity. 9. Such other conditions and criteria as are reasonably related to the health, safety and welfare of the residents of the City and to preservation of the environment. Source: Ordinance No. 1-89 Effective Date: 3-9-89 10. Preservation of Heritage Preservation Sites as designated by the Council pursuant to Section 11.05 and adherence to, and consistency with, the City's policies and objectives as reflected in the Heritage Preservation Site Program. Source: Ordinance No.38-90 Effective Date: 12-7-90 ADDENDUM C F. The Site Plan and Architectural Design may not be acted upon by the Council until it has received the recommendation of the Planning Commission or until sixty (60) days have elapsed from the date it has been referred to the Planning Commission for its study and report. No approval shall be given until a public hearing has been held thereon by the Council. A notice of the time,place and purpose of the hearing shall be published in the official newspaper of the City at least ten (10)days before the day of the hearing. A notice shall be mailed at least ten(10)days before the day of the hearing to each owner of property situated wholly or partly within five hundred(500)feet of the property to which the requested approval relates. For the purpose of giving mailed notice, any appropriate records to determine the names and addresses of owners may be used. A copy of the notice and list of the owners and addresses to which the notice was sent shall be attested to by the person giving the notice and shall be made a part of the records of the proceeding. The failure to give mailed notice to the property owners or defects in the notice shall not invalidate the proceeding provided a bonafide attempt to comply with this provision has been made. 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C. t 1 Ili 1 1 i I _--]'-'1. Feet ...1 iv1unicipai Boundaries f--1 Parcel Boundaries - - tiSOFOOE0 ftbOAC 5 11 C- Christopher Moehrl 9727 Tree Farm Road Eden Prairie,MN 55347 October 9, 2012 City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN Dear Mayor and Council Members: Unfortunately, I will not be able to attend the council meeting on October 16th, so I wanted to communicate my concern and opposition with the MAC development parcels proposal. My specific concern is with the proposed use of Airport Office on the east side of the airport directly abutting an existing single-family land use. As cities are planned and land use is determined, a core standard of practice is to transition zoning intensity of use in a way that does not create abrupt changes. For example, a commercial or office use would not abut a lower density single-family use, but would instead, gradually transition from single-family(low density),to multi-family (higher density),then to office, and finally,to commercial use. The MAC proposal does not respect this practice on the east side where office use is proposed abutting existing single-family residential use. If the MAC proposal is approved as is, based on the current office zoning district standards, an office building up to 30 feet high, and only 20 feet away from the back yard of an existing single-family home could be constructed. It is for this reason I am vehemently opposed to this proposal and respectively request the council to deny this proposal in its current state. It is also noted that if the council approved the proposal, including the guide plan change,the City will have little recourse later to make substantial land use changes in subsequent submissions/approvals related to formal zoning changes and site plan reviews. An alternative to this proposal could include a substantial setback in lieu of transition zoning. Providing for a parking setback greater than 300 feet and a building setback greater than 350 feet with adequate screening and landscaping could provide for substantial separation between existing residential lot lines and the proposed office use. I have reviewed the memorandum of understanding between the City of Eden Prairie and MAC, dated December 7, 2010. It seems that MAC believes that the City has no jurisdiction with regard to zoning on MAC property and the City believes it does have jurisdiction. It would seem that this memorandum does not bind the City to approve this proposal. I would also surmise that MAC may make an argument that the airport property was in existence before the City started to annex property surrounding the airport. It would seem if MAC were to make this argument,the City could then conclude that the MAC property is not officially part of the City, and therefore,the City has no obligation to provide connections for sewer and water services, which in turn would most Eden Prairie City Council October 9, 2012 Page 2 likely prevent commercial and office development on airport property. For this reason, I believe the City does have a good negotiating position in taking jurisdiction for zoning since MAC needs City sewer and water hookup for development to occur effectively. Thank you for your consideration. Please feel free to contact me should you have any question with regard to this letter. Sincerely, Christopher Moehrl, PE, PLS Mike Franzen From: Dave Rasmussen [daver@mail.blitzlink.com] Sent: Wednesday, October 10, 2012 11:59 AM To: Mike Franzen; Scott Kipp Subject: Comment on MAC Parcel 2 development for City Council Meeting 10/16/2012 Mike,Scott: Please include this comment in the packet for next week's council meeting. From: David Rasmussen 16275 Valley Road Eden Prairie, Mn 952-949-6666 Mr. Mayor and City Council Members: I urge you to consider voting NO on item#2 of the MAC DEVELOPMENT PARCELS project being presented at your 10/16/2012 meeting. I am especially concerned about how this change effects Parcel 2 on the east side of Eden Prairie Rd. Reasons to vote against city endorsement of the proposed change in Safety Zones: 1) When the airport was expanded, MAC showed a map representing what they said were the safety zones that would apply to the expanded runway.The zones they used are depicted in Figure 5.13 of the proposal in front of you. MAC stated that Zones A and B were necessary to avoid having inhabited dwellings under the departure and approach flight path to the expanded runway. Using these safety zones MAC acquired and removed the Gene Swanson property located on the West side of Eden Prairie Rd.This house was approximately 150 yds. West(farther away from the runway) than the proposed office space development slated for Parcel 2. 2) Now that there is a financial incentive for MAC to benefit from lease/rental revenue for parcel 2,safety is no longer a concern to the MAC.This parcel is closer to the runway and directly aligned with arriving and departing flights. One would expect the risk to be greater to anyone occupying office space at that location and it is currently in the Safety Zone A—No development zone depicted on Figure 5.13. But now that potential revenue is on the table, MAC wishes to move this parcel out of the Zone A definition that has guided their planning for the past few years and shrink zone A to no longer include this parcel. 3) The city council would be well advised to consult with the city legal staff to determine what liability exposure the City of Eden Prairie would incur by endorsing this change. My concern is that an aircraft crash landing at this site would bring up the facts I present in points 1 and 2 and cause the legal staff working on behalf of any victims to name the City of Eden Prairie as a defendant in a civil tort action. Thank you for your consideration of my request. David Rasmussen Eden Prairie resident since 1988. 1 CITY COUNCIL AGENDA DATE: October 16, 2012 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.D. Community Bellerieve Development/Planning Janet Jeremiah/Regina Rojas 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 23 acres; and • Adopt the Resolution for Preliminary Plat on 23 acres into 10 lots; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis This is a 10 lot single family subdivision that conforms to RI-13.5 requirements. Background Information The 120-Day Review Period Expires on December 1, 2012. Planning Commission Recommendation The Planning Commission voted 8-0 to recommend approval of the project with a condition that the staff and project proponent have discussion and reach an agreement on the width of outlot dedication for the trail at the September 24, 2012 meeting. The applicant and Park and Recreation staff met onsite to discuss the size of the outlots and potential trail location. At this time a final agreement has not been reached. Staff will provide an update at the meeting. Attachments 1. Resolution 2. Staff Report 3. Location Map 4. Land Use Map 5. Zoning Map 6. Aerial Photo 7. Planning Commission Minutes CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2012- RESOLUTION APPROVING THE PRELIMINARY PLAT OF BELLERIEVE FOR 6G RANCH,LLC BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of Bellerieve for 6G Ranch, LLC stamp dated October 3, 2012, and consisting of 23 acres into 10 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 16th day of October, 2012. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Regina Rojas, Planner II DATE: September 21, 2012 SUBJECT: Bellerieve APPLICANT/ Mike Gresser OWNER: 6G Ranch, LLC LOCATION: 10701 Riverview Road 120 DAY REVIEW: December 1, 2012 REQUEST: 1. Zoning District Change from Rural to R1-13.5 on 23 acres 2. Preliminary Plat of 23 acres into 10 single family lots BACKGROUND The Comprehensive Guide Plan shows the site as Low Density Residential for up to 2.5 units per acre. Surrounding property is guided Low Density Residential and Park/Open Space. The property is zoned Rural. The surrounding properties are zoned R1-13.5, R1-44 and Rural. PRELIMINARY PLAT The plat shows 10 single-family lots at a density of 0.43 units per acre. The lot size range from between 23,000 sq. ft. to 352,427 sq. ft. All lots meet the R1-13.5 requirements for lot size, dimension and setbacks. SIGNIFCANT TREES There are 12,200 diameter inches of significant trees on the property. Tree loss is calculated at 17.5%, or 2,144 diameter inches. The required tree replacement is 501 diameter inches. The tree replacement plan shows 503 caliper inches. SIDEWALKS AND TRAILS An eight foot wide bituminous trail is proposed along the north side of Riverview Road. The Comprehensive Plan and Parks and Open Space System Plan show a proposed nature trail corridor along the Minnesota River. The plans currently show a 75 foot wide area to be dedicated to the city. The plans should be revised to show a 150 foot wide dedicated area adjacent to the Minnesota River to be consistent with requirements for trails on adjacent properties. Staff Report—Bellerieve September 21, 2012 Page 2 SHORELAND CODE The proposed lots meet the requirements for size, dimensions, and setbacks. STAFF RECOMMENDATION Recommend approval of the following request: 1. Zoning District Change from Rural to R1-13.5 on 23 acres 2. Preliminary Plat of 23 acres into 10 single family lots This is based on plans stamp dated September 13, 2012, the Staff Report dated September 21, 2012 and the following conditions: 1. Prior to City Council, the proponent shall: A. Revise the Tree Replacement Plan to meet the minimum inch and height requirement for replacement. B. Revise the driveway location to meet a 3 foot setback on Lot 6 to meet city code. C. Revise the lot width from 54 feet to 55 feet on Lot 7 to meet city code. D. Revise Outlots A, B, and C to meet 150 foot width. 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. C. Dedicate Outlots A, B and C to the City. 2. Prior to grading permit issuance, the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. B. Install erosion control on the property, as well as tree protection fencing at the grading limits in the wooded areas for trees to be preserved as part of the development. Said fencing shall be field inspected by the City Forester prior to any grading. 3. Prior to building permit issuance for the property, the proponent shall: A. Submit a tree replacement/landscaping bond, letter of credit, or escrow surety equivalent to 150% of the cost of the landscaping. B. Pay the appropriate cash park fee. 4. Revise plans to according to the recommendations in the Engineering memorandum dated September 17, 2012. Area Location Map - Bellerieve - City File #2012-17 Address: 10701 Riverview Road, Eden Prairie, MN 55347 tto 4,Pal.* Ail A o- 11-irtil*rm401 - */ -um4i1 i' datita „ro pik,a 4, i„.„„...... . a _ Riverview Road i :-111 iirkiefAinw idiam; 4k, _.; ipA MINNA Es0 1 Bell Oaks Estate Road "wow L / Al L 4 i Ott p44* I— algOoma Ridge p laTirmiwommor;m Guide Plan Map Bellerieve 10701 Riverview Road, Eden Prairie, MN wiwp v47/0 IIIIII rofrg ' -**- _ -'1,1% -R. Road I\ hII &+44WveMew...t / , __", ippi4 irrd iSi _ vii --. ...„\ si 0411 , ,ilirj ... _ _41. ark 1' 1 Iiii \ 4t ., ,, a el \ ii. \ , ...._ SITE Sonoma Ridge Minnesota River All City of Eden Prairie Land Use Guide Plan Map 2000-2020 Legend N Rural Residential 0.10 Units/Acre Neighborhood Commercial Streams Low Density Residential 0-2.5 Units/Acre - Community Commercial Principal Arterial 772 Low Density/Public/Open Space - Regional Commercial -A Minor Arterial B Minor Arterial ' + 'l 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 E E N nMedium Density Residential/Office - Park/Open Space J DATE Revised 11-07-05 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 Mnw=op... .o m_ ®�.:n „ a.® ,: ,0® LiVE•wOB1C•QAEAM VA Office/Public/Open Space 6.3ight-Of-Way 0.125 0 - Industrial I I Miles Zoning Map Bellerieve 10701 Riverview Road, Eden Prairie MN . .4.1 \ . , ...c....., 1 . 1 -- ,...,,,..7,i ,, 711,wpw . - I . ME 41air r4,,,,,, _�\ Bell Oaks Estate Road III lk 111pc BD Riverview Road �` \ 411 illirM MEOW . — *Id 0r� --7 llii.! r --j'-- /A 7---5:------ . dir ---, ________ • im.,..,iwo ‘,..________ .."______\____ SITEmok, Sonoma Ridge 7 7----- City of Eden Prairie Zoning Map Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. 1-7TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. I TC-R I RD I Recreational Development Waters R1 13.5 One Family-13,500 sf min. IA TC MU I SD General Development Waters(Creeks Only) '', , +: ,! 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. 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 _I Public Date:March 1,2009 Neighborhood Commercial I Golf Course In case of discrepancy related to a zoning aassitmaeon on this zoning map,the ordinance and attached legal description on file at Eden Paide Ciry Center will prevail. -Community Commercial Water -Highway Commercial I Right of Way 0 0.15 0.3 - Regional Service Commercial ,op....,��mo..,...,ti4.. Miles %- o..o.a., ..._...1..m :..::m„ Aerial Map Bellerieve 10701 Riverview Road, Eden Prairie, MN .„414.1 . . ivqf AN isli iiiiimro - poir 4 IV 1411 i r.1 I 101W. , .,,dTifi I, . . . , pa rip .....-746,.. slow,iim iiiik s wir- 41,a, , Riverview Road .. • •... ,4 - 4V-sow P. '''''''......... . Bell Oaks Estates Road ` + '� a . Ilk edlikMI"''-191‘:' I 4_.; "''`111"*;ip " '''''..Mr -_,_ .11e...,i ...,,, INN j ! It ien` .t.., "I`' "... Oa LIMN C•----...illerr ill _ ei Williglrlikt ..114 . ''''. 3._ lir - .. air* -.:,*,.;-- 1111 IIIW lak '' 144k f-' ' '-',..t.- 0-- la III. 1-- i ''' - trit-4, tilif-. 111. Irill 1.y'' 4, ,i.,.„ 4411111 4 ,, ih 44,14r4 1 Nit mink ,: ._ r ,• Mr r Sonoma Ridge • , ' `'F -fir,..•. '' 1 •� •v. 1 X f•y F. .f• v,r Y N y Y .�Y a e+ �:.. - � f'=y ,•-� APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, SEPTEMBER 24, 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 Chair Stoltz called the meeting to order at 7:00 p.m. Lee was absent. II. APPROVAL OF AGENDA MOTION by Schultz, seconded by Fyten, to approve the agenda. Motion carried 8-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON AUGUST 27, 2012 MOTION by Lechelt, seconded by Kirk, to approve the minutes. Motion carried 7-0. Fyten abstained. B. PLANNING COMMISSION MEETING HELD ON SEPTEMBER 10, 2012 MOTION by Kirk, seconded by Wuttke, to approve the minutes. Motion carried 4-0. Frank, Lechelt, Schultz and Stoltz abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS September 24, 2012 Page 2 VI. PUBLIC HEARINGS A. BELLERIEVE by Mike Gressor(Continued Item) Location: 10701 Riverview Road Request for: • Zoning District Change from Rural to R1-13.5 on 23 acres • Preliminary Plat of 23 acres into 10 lots Marty Campion, of Campion Architects, presented the proposal. He gave a brief overview of the property and stated that sewer and water will be at the northwest corner of the sites. He pointed out they are trying to preserve the views and trees will outline the corridor of the property. The one condition, regarding the outlot along the river, is the only thing they need to talk about. Mike Gresser,project owner, stated his home is on the property and in regards to the outlot along the river, the City wants us to donate 150 feet. He stated they would do a 75 foot wide area and pointed out they have maintained the land and will continue to do so. In regards to the outlot, he stated they want to make sure invasive species do not take over the area. At 150 feet, the dedication would encroach on the property. The wetlands occupy much of this dimension and a trail could not be built in this area. He said they would like the trail and feel it could be accommodated with the 75 feet. Chair Stoltz asked Franzen to review the staff report. Franzen stated Staff recommendation is for approval based on page 2 of the staff report. Before it goes to the City Council, conditions will need to be met. They are listed on page 2 of the staff report. Fox addressed the request of the 75 foot wide area and compared it to other property in the area. In regards to the property to the east it was negotiated that the whole outlot would be dedicated to the City, which is over 150 feet. In regards to Walnut Ridge, it is less than 75 feet. In regards to this trail, the US Fish and Wildlife Service do not have funding, but City intention is to complete the trail in the future. Chair Stoltz asked if the City took ownership of the trails, who would maintain them. Fox stated the City would maintain them. Wuttke asked where access would be for the City to maintain this. Fox stated City access is at the James A. Brown area. The trail would be a nature trail, not a paved trail. Pitzrick commented the houses in the area will be very nice. He also asked if City Staff and the project proponent could have a discussion about the 150 feet dedication. Kirk and Fyten agreed and felt 150 feet is too much and this can be negotiated. Chair Stoltz opened the meeting up for public input. There was no input. September 24, 2012 Page 3 MOTION by Pitzrick, seconded by Fyten, to close the public hearing. Motion carried 8-0. MOTION by Pitzrick, seconded by Wuttke, to recommend approval of the Zoning District Change from Rural to R1-13.5 on 23 acres and Preliminary Plat of 23 acres into 10 lots based on plans stamped dated September 13, 2012 and the staff report dated September 21, 2012,with revision to Staff and project proponent to have discussion and reach an agreement on the width of outlot for the trail. Motion carried 8-0. VII. PLANNERS' REPORT A. 2013—2022 CAPITAL IMPROVEMENT PLAN—DRAFT Franzen stated state law requires the Commission to determine that the Capitall Improvement Plan is in conformance with the Comprehensive Plan. The City Attorney would like the Chair and Vice Chair to sign this resolution. Chair Stoltz and Vice Chair Fyten signed the resolution. VIII. MEMBERS' REPORT A. CITIZEN ADVISORY COMMITTEE—LIGHT RAIL Fyten said he attended the meeting a few weeks ago and the project was awarded additional funding. Fyten asked about the status of relocating the Town Center Station. Franzen stated that will be addressed at the October 8th meeting. IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION by Kirk, seconded by Fyten, to adjourn the meeting. Motion carried 8-0. There being no further business, the meeting was adjourned at 9:05 p.m. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims October 16, 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 221771—222033 Electronic Payments 1001740 1001845 Wire Transfers 4568 - 4576 Purchasing Card September Payment 4576 Attachments City of Eden Prairie Council Check Summary 10/16/2012 Division Amount Division Amount General 81,145 601 Prairie Village Liquor 93,422 100 City Manager 2,087 602 Den Road Liquor 170,413 101 Legislative 28,754 603 Prairie View Liquor 96,584 102 Legal Counsel 14,184 605 Den Road Building 411 110 City Clerk 352 701 Water Fund 100,268 111 Customer Service 8,439 702 Sewer Fund 12,762 112 Human Resources 91 703 Storm Drainage Fund 52,530 113 Communications 11,714 Total Enterprise Funds 526,390 114 Benefits&Training 2,187 130 Assessing 630 316 WAFTA 438 131 Finance 313 803 Escrow Fund 11,033 132 Housing and Community Services 2,401 807 Benefits Fund 336,676 133 Planning -103 812 Fleet Internal Service 61,354 136 Public Safety Communications 3,148 813 IT Internal Service 34,502 137 Economic Development 50 814 Facilities Capital ISF 38,758 138 Community Development Admin. 9 815 Facilities Operating ISF 25,085 150 Park Administration 6,653 816 Facilities City Center ISF 126,376 151 Park Maintenance 15,106 817 Facilities Comm.Center ISF 33,305 153 Organized Athletics 55 Total Internal Service Funds 667,527 154 Community Center 14,516 155 Beaches 103 156 Youth Programs 564 157 Special Events 24 Report Total 2,432,417 158 Senior Center 5,373 159 Recreation Administration 566 160 Therapeutic Recreation 98 161 Oak Point Pool 334 162 Arts 2,030 163 Outdoor Center 1,233 166 CC-Therapeutic Recreation 58 167 CC-Youth Programs 1,321 168 Arts Center 95 180 Police 11,265 183 Emergency Preparedness 67 184 Fire 7,880 186 Inspections 810 200 Engineering 3,303 201 Street Maintenance 242,431 Total General Funds 469,283 301 CDBG 23,484 303 Cemetery Operation 606 304 Senior Board 29 308 E-911 675 309 DWI Forfeiture 21 312 Recycle Rebate 813 Total Special Revenue Funds 25,628 502 Park Development 57,133 509 CIP Fund 308,349 512 CIP Trails 64,561 521 Trails Referendum 56,964 522 Improvement Projects 2006 215,432 528 Shady Oak Rd-CR 61 North 41,149 743,588 City of Eden Prairie Council Check Register 10/16/2012 Check# Amount Vendor/Explanation Account Description Business Unit Explanation 221974 290,108 ODESA II LLC Land Improvements Capital Impr./Maint.Fund Round Lake Park Redevelopment 1001796 247,058 NORTHWEST ASPHALT Improvement Contracts Improvement Projects 2006 Mitchell Rd Improvements/Wallace Rd Trail 222031 217,684 GMH ASPHALT CORPORATION Asphalt Overlay Street Maintenance Bituminous Overlay 4569 192,776 CERIDIAN State Taxes Withheld Health and Benefits Taxes Withheld 4572 131,416 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 222032 94,996 HENNEPIN COUNTY TREASURER Licenses&Taxes City Hall-Direct Costs 221965 57,310 MINNESOTA DIRT WORKS INC Improvement Contracts CIP Trails 221915 56,917 CUSTOM BUILDERS INC Improvements to Land Park Acquisition&Development 1001783 56,744 SRF CONSULTING GROUP INC Improvement Contracts Shady Oak Road/CR 61 SOUTH 4576 53,325 US BANK Deposits Escrow 221829 40,557 JOHNSON BROTHERS LIQUOR CO Transportation Den Road Liquor Store 221952 36,745 JOHNSON BROTHERS LIQUOR CO Transportation Prairie Village Liquor Store 1001829 34,310 PETERSON BROS ROOFING AND CONS Other Contracted Services Facilities Capital 221840 31,229 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant 221860 28,444 SOUTHERN WINE&SPIRITS OF MN Transportation Den Road Liquor Store 221831 27,538 LEAGUE OF MINNESOTA CITIES Dues&Subscriptions City Council 221883 25,754 WIRTZ BEVERAGE MINNESOTA BEER Beer Den Road Liquor Store 1001765 25,537 LOGIS Software Maintenance IT Operating 222033 25,338 KAMIDA INC Improvements to Land Trails Referendum 1001793 24,560 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating 222022 24,434 WIRTZ BEVERAGE MINNESOTA Wine Domestic Den Road Liquor Store 1001751 23,906 DIVERSE BUILDING MAINTENANCE Janitor Service Senior Center 221882 23,855 WIRTZ BEVERAGE MINNESOTA Transportation Den Road Liquor Store 1001786 21,853 THORPE DISTRIBUTING Beer Den Road Liquor Store 222001 20,786 SOUTHERN WINE&SPIRITS OF MN Liquor Den Road Liquor Store 4571 20,698 ING Deferred Compensation General Fund 221817 20,305 HANSEN THORP PELLINEN OLSON Improvement Contracts Improvement Projects 2006 221775 20,056 ABM JANITORIALSERVICES-NORTH C Janitor Service City Hall-CAM 1001792 19,537 WENCK ASSOCIATES INC Design&Engineering Storm Drainage 221810 19,462 FRONTIER AG&TURF Machinery&Equipment Park and Recreation 221821 17,515 HIGHWAY TECHNOLOGIES INC Contracted Striping Traffic Signs 221814 16,642 GRAYMONT Treatment Chemicals Water Treatment Plant 221791 15,850 BONNER&BORHART LLP Legal Legal Criminal Prosecution 4570 15,747 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 222023 13,765 WIRTZ BEVERAGE MINNESOTA BEER Beer Den Road Liquor Store 221826 13,464 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 221857 13,078 SCHERER BROTHERS LUMBER CO Other Contracted Services Rehab 1001834 12,386 THORPE DISTRIBUTING Beer Den Road Liquor Store 221945 12,344 ICERINK SUPPLY CO Contract Svcs-HVAC Ice Arena Maintenance 4573 12,340 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 221984 12,230 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store 221786 11,985 BARR ENGINEERING COMPANY Design&Engineering Storm Drainage 1001819 11,972 HAWKINS INC Treatment Chemicals Water Treatment Plant 1001809 11,324 DAY DISTRIBUTING Beer Prairie View Liquor Store 222019 9,829 WHEELER LUMBER LLC Equipment Repair&Maint Capital Maint.&Reinvestment 221838 9,062 MIDWEST ASPHALT CORPORATION Equipment Repair&Maint Capital Maint.&Reinvestment 222029 8,851 CNA CONSULTING ENGINEERS Design&Engineering Storm Drainage 221950 8,810 JJ TAYLOR DISTRIBUTING MINNESO Transportation Den Road Liquor Store 221849 7,976 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store 221885 7,793 XCEL ENERGY Electric Prairie Village Liquor Store 221861 7,327 SOUTHWEST SUBURBAN PUBLISHING- Advertising Prairie Village Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 221837 6,822 METRO HOMES INC Other Contracted Services Rehab 221938 6,653 HAMMEL,GREEN AND ABRAHAMSON Design&Engineering Planning&Development 1001779 6,000 RIGHTLINE DESIGN LLC Other Contracted Services Communications 221999 5,770 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Storm Drainage 1001757 5,656 GREENSIDE INC Contract Svcs-Lawn Maint. Fire Station#1 221900 5,508 ARSENAULT ASSOCIATES Software Maintenance IT Operating 1001750 4,999 DAY DISTRIBUTING Misc Taxable Den Road Liquor Store 221816 4,950 HALDEMANN HOMME INC Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr 222017 4,448 W L HALL CO Other Contracted Services Facilities Capital 222021 4,436 WINE MERCHANTS INC Transportation Den Road Liquor Store 221847 4,372 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store 221939 4,214 HANSEN THORP PELLINEN OLSON Improvement Contracts Fixed Assets-Trails 221864 3,942 STONEBROOKE Autos Police 221881 3,820 WINE MERCHANTS INC Transportation Den Road Liquor Store 221803 3,790 CONSTRUCTION MATERIALS INC Improvement Contracts CIP Trails 221994 3,646 RIVERS EDGE CONCRETE Repair&Maint.Supplies Storm Drainage 1001811 3,621 ELECTRIC PUMP Equipment Repair&Maint Sewer Liftstation 1001836 3,606 VAN PAPER COMPANY Supplies-General Bldg Senior Center 221991 3,394 PROP Refunds CDBG-Public Service 221943 3,356 HOHENSTEINS INC Beer Den Road Liquor Store 1001803 3,321 BELLBOY CORPORATION Transportation Den Road Liquor Store 221934 3,274 GRAYMONT Treatment Chemicals Water Treatment Plant 1001753 3,201 ESS BROTHERS&SONS INC Repair&Maint.Supplies Sewer System Maintenance 1001743 3,180 BELLBOY CORPORATION Transportation Den Road Liquor Store 221986 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage Customer Service 221823 2,874 IMPACT PROVEN SOLUTIONS Other Contracted Services Sewer Accounting 1001758 2,828 HACH COMPANY Process Control Equipment Water Treatment Plant 1001768 2,816 METRO SALES INCORPORATED* Other Rentals Customer Service 1001759 2,802 HAWKINS INC Treatment Chemicals Water Treatment Plant 1001842 2,684 GENUINE PARTS COMPANY Equipment Repair&Maint Utility Operations-General 1001802 2,642 A-SCAPE INC Contract Svcs-Lawn Maint Fire Station#4 221960 2,592 MIDWEST COCA COLA BOTTLING COM Merchandise for Resale Concessions 221855 2,479 ROAD MACHINERY&SUPPLIES CO Improvement Contracts CIP Trails 221880 2,475 WINE COMPANY,THE Transportation Den Road Liquor Store 1001806 2,380 CERIDIAN Ceridian IT Operating 221956 2,350 MEALS ON WHEELS Other Contracted Services Housing and Community Service 221785 2,340 B&B PRODUCTS/RIGS AND SQUADS Autos Police 1001756 2,304 GRAINGER Cleaning Supplies Water Treatment Plant 222020 2,301 WINE COMPANY,THE Transportation Den Road Liquor Store 1001749 2,287 CERIDIAN Ceridian IT Operating 221981 2,193 PARK SUPPLY OF AMERICA INC Conference Expense Facilities Staff 221854 2,188 RIVERS EDGE CONCRETE Repair&Maint.Supplies Storm Drainage 221925 2,185 ENVIRONMENTAL EQUIPMENT&SERV Equipment Parts Fleet Operating 1001790 2,163 VINOCOPIA Transportation Den Road Liquor Store 221982 2,116 PAUSTIS&SONS COMPANY Transportation Prairie Village Liquor Store 221978 2,100 OVERLAND CONTRACTING INC Deposits General Fund 221941 2,074 HENNEPIN COUNTY ACCOUNTS RECEI Board of Prisoner Police 221889 2,035 RICHFIELD,CITY OF Autos Water Distribution 221969 1,862 MINNESOTA TROPHIES&GIFTS Operating Supplies Fire 221948 1,788 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 221920 1,734 DIVINE SWINE CATERING Operating Supplies Internal Events 221877 1,717 VOLT Other Contracted Services Storm Drainage 221957 1,637 MENARDS Repair&Maint.Supplies Utility Operations-General 1001799 1,563 WENCK ASSOCIATES INC Design&Engineering Storm Drainage 221933 1,559 GRAPE BEGINNINGS Transportation Prairie Village Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 221822 1,535 HOHENSTEINS INC Beer Den Road Liquor Store 1001801 1,475 ANCHOR PAPER COMPANY Office Supplies Customer Service 221884 1,451 WORK CONNECTION,THE Other Contracted Services Park Maintenance 1001766 1,425 LYNDALE PLANT SERVICES Contract Svcs-Garden Rm/Caf. City Hall-CAM 221863 1,425 STAR TRIBUNE MEDIA COMPANY LLC Employment Advertising Organizational Services 221968 1,372 MINNESOTA SAFETY SERVICES LLC Other Contracted Services Pool Lessons 221937 1,300 HAMLINE UNIVERSITY Tuition Reimbursement/School Water Treatment Plant 221797 1,290 CLEAN ENERGY Deposits Escrow 221811 1,286 GOPHER STATE ONE-CALL OCS-Leak Detection Utility Operations-General 221924 1,284 EARL F ANDERSEN INC Printing Police 222008 1,200 T-MOBILE USA Deposits Escrow 221779 1,158 ALTERNATIVE BUSINESS FURNITURE Capital Under$25,000 FF&E-Fum,Fixtures&Equip. 1001741 1,120 AMARA WINES LLC Transportation Prairie Village Liquor Store 1001764 1,105 KUSTOM SIGNALS INC Equipment Repair&Maint Police 221935 1,095 GUNNAR ELECTRIC CO INC Equipment Repair&Maint Round Lake 221951 1,070 JOHN DEERE LANDSCAPES/LESCO Repair&Maint.Supplies Park Maintenance 221901 1,044 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 222006 1,040 TEFLER LAWN&LANDSCAPING Other Contracted Services Park Maintenance 222005 1,028 SURLY BREWING CO Beer Den Road Liquor Store 221989 1,000 PROP Refunds Storm Drainage 4568 988 CERIDIAN Garnishment Withheld General Fund 221771 983 PETTY CASH 1001771 975 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 221866 902 SURLY BREWING CO Beer Den Road Liquor Store 221850 899 PITNEY BOWES Postage Customer Service 1001840 886 ZIEGLER INC Equipment Parts Fleet Operating 221809 880 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 221909 840 CENTURYLINK Process Control Services Water Treatment Plant 222014 840 VINE LINE DISTRIBUTION LLC Wine Domestic Den Road Liquor Store 221895 834 AGGREGATE INDUSTRIES Repair&Maint.Supplies Storm Drainage 221894 827 ACCELERATED TECHNOLOGIES LLC Equipment Repair&Maint Fitness Classes 222030 817 GE CAPITAL Other Rentals IT Operating 1001742 810 ASSOCIATED BAG COMPANY Operating Supplies Inspections-Administration 221967 786 MINNESOTA RESTAURANT&COMMERC Contract Svcs-Garden Romm Garden Room Repairs 221995 780 ROBICHONS THE IN-LINE SKATE SC Instructor Service CC-Camps 221929 773 FISHER SCIENTIFIC Laboratory Chemicals Water Treatment Plant 221977 772 OPPORTUNITY PARTNERS Janitor Service Fire Station#5 1001818 762 GREENSIDE INC Contract Svcs-Asphalt/Concr. City Hall-CAM 221792 755 BOURGET IMPORTS Transportation Den Road Liquor Store 1001784 744 STREICHERS Training Supplies Police 1001791 730 WALL TRENDS INC Contract Svcs-General Bldg Park Shelters 221776 724 ABSOLUTE RAIN INC. Contract Svcs-Lawn Maint. Fire Station#1 221907 720 BUELL CONSULTING INC Deposits Escrow 1001831 700 SHERWIN WILLIAMS Equipment Repair&Maint Traffic Signals 221828 685 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant 221926 680 ERICKSON ENGINEERING COMPANY L Design&Engineering Engineering 221878 665 WATSON CO INC,THE Merchandise for Resale Concessions 221868 661 TRUCK UTILITIES MFG CO Auto Repair&Maint. Water System Maintenance 221906 654 BRO-TEX INC Equipment Parts Fleet Operating 221931 649 GENERAL PARTS Supplies-Garden Rm/Cafeteria City Hall-CAM 222025 635 WORK CONNECTION,THE Other Contracted Services Park Maintenance 1001798 634 SRF CONSULTING GROUP INC Other Contracted Services Storm Drainage 221958 608 MID AMERICA FESTIVALS Deposits Escrow 221910 600 CENTURYLINK Maintenance Contracts E-911 Program 221858 600 SCOTT COUNTY TREASURER Tuition Reimbursement/School Police Check# Amount Vendor/Explanation Account Description Business Unit Explanation 221876 574 US HEALTH WORKS MEDICAL GRP MN Health&Fitness Fire 221793 552 BROTHERS FIRE PROTECTION Contract Svcs-Fire/Life/Safe Fitness/Conference-Cmty Ctr 1001824 541 KIDS TEAM TENNIS LLC Instructor Service CC-Tennis 1001755 540 GOVDELIVERY Software Maintenance IT Operating 221819 534 HENNEPIN COUNTY I/T DEPT Software Maintenance IT Operating 221777 528 AGGREGATE INDUSTRIES Asphalt Overlay Street Maintenance 221940 510 HD SUPPLY WATERWORKS LTD Equipment Parts Water System Maintenance 221845 508 OXYGEN SERVICE COMPANY EMS Supplies Fire 221818 500 HAYNES,TRICIA Other Contracted Services Heritage on the Prairie 221842 500 MOULDY FIGS,THE Other Contracted Services Heritage on the Prairie 221824 480 IND SCHOOL DIST 272 Other Rentals Outdoor Center 221874 470 UNIVERSITY OF MINNESOTA Conference Expense Engineering 1001769 464 MORAN USA,LLC Transportation Den Road Liquor Store 222013 459 VERIZON WIRELESS Pager&Cell Phone Park Maintenance 221873 450 UNIVERSITY OF MINNESOTA Conference Expense Engineering 221936 439 GYM WORKS Equipment Repair&Maint Fitness Center 221944 418 HOTSY EQUIPMENT OF MINNESOTA Equipment Parts Fleet Operating 1001833 413 STREICHERS Clothing&Uniforms Police 221990 409 PROP United Way Withheld General Fund 1001839 408 WITT,BETH Mileage&Parking Aquatics&Fitness Admin 221954 403 KEEPERS Clothing&Uniforms Fire 1001747 402 CANNON RIVER WINERY Wine Domestic Den Road Liquor Store 221902 397 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 1001838 390 WICKSTROM,SHERRY BUTCHER Travel Expense City Council 221946 385 IDEA CREEK LLC,THE Operating Supplies Fire 221897 384 AMERICAN RED CROSS Licenses,Permits,Fees Oak Point Lessons 221959 382 MIDWEST ASPHALT CORPORATION Waste Blacktop/Concrete Street Maintenance 221836 379 MENARDS Training Supplies Police 221808 379 EDGINGTON,HEATHER L Other Contracted Services Heritage on the Prairie 221859 372 SHAMROCK GROUP,INC-ACE ICE Transportation Den Road Liquor Store 222009 370 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 221949 369 J H LARSON COMPANY Supplies-Electrical Facilities Staff 221795 369 CAMPBELL KNUTSON,P.A. Legal WAFTA 221904 367 BOURGET IMPORTS Transportation Prairie View Liquor Store 1001830 363 SCHARBER&SONS Equipment Parts Fleet Operating 221869 358 TWIN CITIES&WESTERN RAILROAD Licenses&Taxes Water Distribution 221932 355 GRAND PERE WINES INC Transportation Prairie Village Liquor Store 221805 350 DIETHELM,TAMMY L Other Contracted Services Pleasant Hill Cemetery 222016 347 VOLT Other Contracted Services Riley Lake 221961 342 MIDWEST LOCK&SAFE Contract Svcs-Security Den Bldg.-CAM 221774 338 PETTY CASH-POLICE DEPT 221998 334 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 221947 330 IDEAL SERVICE INC Equipment Repair&Maint Water Wells 221851 327 PREMIUM WATERS INC Operating Supplies Fire 1001789 325 VAN PAPER COMPANY C H Robinson-Cleaning Suppli City Hall-Direct Costs 1001808 322 CONNEY SAFETY PRODUCTS Office Supplies Customer Service 222010 321 TYRA-LUKENS,NANCY Mileage&Parking Administration 1001812 317 FASTSIGNS Operating Supplies Concessions 222002 310 STAPLES ADVANTAGE Office Supplies Customer Service 1001754 307 FASTSIGNS Advertising Recreation Admin 221788 306 BERNICK'S WINE Misc Non-Taxable Den Road Liquor Store 221930 304 FORMS&SYSTEMS OF MINNESOTA Printing Police 1001797 301 RUE,RODNEY Mileage&Parking Engineering 221872 300 UNIVERSITY OF MINNESOTA Conference Expense Engineering 1001767 299 MATHESON TRI-GAS INC Equipment Parts Fleet Operating Check# Amount Vendor/Explanation Account Description Business Unit Explanation 221997 291 SGC HORIZON LLC Improvement Contracts Shady Oak Road/CR 61 NORTH 221783 289 ASPEN EXTERIORS INC Building Permits General Fund 221820 286 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 222011 285 UNIFORMS UNLIMITED Clothing&Uniforms Police 221773 285 SCOTT COUNTY SHERIFFS OFFICE Deposits Escrow 221955 280 LIFT BRIDGE BREWERY Beer Prairie Village Liquor Store 1001837 277 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Operating 221892 266 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 221813 265 GRAPE BEGINNINGS Transportation Prairie View Liquor Store 1001774 261 PRAIRIE ELECTRIC COMPANY Equipment Repair&Maint Water Treatment Plant 221972 256 MYRON WILL LAWN MAINTENANCE Other Contracted Services Pleasant Hill Cemetery 221834 250 MARTIN-MCALLISTER Employment Support Test Organizational Services 221923 250 DW METALWORKS LLC Equipment Repair&Maint Fleet Operating 1001788 249 USA SECURITY Capital Under$25,000 Water Treatment Plant 1001785 249 SULLIVAN,ANDREW J Conference Expense Engineering 1001761 248 HEFFERAN,CINDI Operating Supplies Day Care 221862 242 SPECIALIZED ENVIRONMENTAL TECH Landscape Materials/Supp Park Maintenance 221780 240 AMERICAN BOTTLING COMPANY,THE Misc Taxable Prairie View Liquor Store 1001782 240 SPRINT Computers IT Operating 1001795 239 METRO SALES INCORPORATED* Equipment Repair&Maint IT Operating 1001827 235 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 221964 230 MINNESOTA DEPT OF LABOR AND IN Contract Svcs-HVAC Fire Station#3 221815 226 GS DIRECT Operating Supplies Engineering 222012 222 UNITED WAY United Way Withheld General Fund 221896 210 AMERICAN BOTTLING COMPANY,THE Misc Non-Taxable Den Road Liquor Store 221913 209 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 1001815 206 G&K SERVICES Clothing&Uniforms Utility Operations-General 221825 202 INDUSTRIAL FLOOR MAINTENANCE I Equipment Parts Fleet Operating 221916 200 DAKOTA COUNTY SHERIFFS DEPT Deposits Escrow 1001794 198 DE LAGE LANDEN FINANCIAL SERVI Other Rentals IT Operating 221843 197 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 221790 195 BLOOMINGTON SECURITY SOLUTIONS Other Contracted Services Police 222018 192 WATSON CO INC,THE Merchandise for Resale Concessions 221898 192 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 222015 190 VINOANDES Transportation Den Road Liquor Store 221953 190 J'S MASONRY INC Other Contracted Services Rehab 1001807 190 COMEANS,MICHAEL Mileage&Parking Water Treatment Plant 1001822 190 HORGAN,KEVIN M Mileage&Parking Water Treatment Plant 221993 187 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 221914 186 CONCRETE CUTTING&CORING INC Small Tools Street Maintenance 221927 178 ESPRESSO MIDWEST INC Cleaning Supplies City Center Operations 221802 175 CONCRETE CUTTING&CORING INC Repair&Maint.Supplies Storm Drainage 1001744 174 BOBBY&STEVE'S AUTO WORLD EDE Equipment Repair&Maint Police 1001813 169 FEDEX Postage Human Resources 221781 167 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 1001775 162 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance 1001780 160 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Operating 4574 156 VANCO SERVICES Miscellaneous Community Center Admin 221804 155 DALE GREEN COMPANY,THE Asphalt Overlay Street Maintenance 221917 154 DALE GREEN COMPANY,THE Asphalt Overlay Street Maintenance 221833 152 LIGHTNING PRINTING INC Printing Heritage on the Prairie 1001823 150 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 221867 150 TRUC,JUDITH Equipment Repair&Maint Senior Center Programs 221789 150 BHUJLE,SUNIL Refunds Environmental Education 221812 150 GORDON,JOELLEN Tuition Reimbursement/School Fire Check# Amount Vendor/Explanation Account Description Business Unit Explanation 221887 150 PETTY CASH 221890 144 440400-NCPERS MINNESOTA PERA Health and Benefits 221985 141 PINNACLE DISTRIBUTING Misc Taxable Den Road Liquor Store 222007 139 TKO WINES,INC Wine Imported Prairie Village Liquor Store 221787 137 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 221893 134 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 221830 131 KEEPERS Clothing&Uniforms Animal Control 221903 130 BLOOMINGTON SECURITY SOLUTIONS Building Repair&Maint. Round Lake 221928 129 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 1001814 126 FERRELLGAS Equipment Parts Fleet Operating 221886 123 Z WINES USA LLC Transportation Prairie View Liquor Store 221921 122 DOMACE VINO Transportation Prairie Village Liquor Store 221844 120 OFFICE OF THE SECRETARY OF STA Licenses&Taxes Police 221975 120 OFFICE OF THE SECRETARY OF STA Licenses&Taxes Police 1001835 120 TM COUNTY BEVERAGE&SUPPLY Misc Non-Taxable Den Road Liquor Store 1001826 119 MORAN USA,LLC Transportation Den Road Liquor Store 221796 119 CENTURYLINK Telephone IT Telephone 222027 115 2ND WIND EXERCISE Operating Supplies Fitness Center 221918 115 DANIELSON,TROY Building Permits General Fund 222024 113 WM MUELLER AND SONS INC Patching Asphalt Street Maintenance 221962 112 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 222004 112 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 1001843 111 GULDEN-BOBBITT,RYAN Travel Expense Police 1001844 111 SCHMIDT,MATT Travel Expense Police 1001845 111 SCHNICKEL,JENNY Travel Expense Police 221979 109 OXYGEN SERVICE COMPANY Operating Supplies Fire 1001816 109 GINA MARIAS INC Operating Supplies Fire 221891 107 AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Water System Maintenance 1001800 106 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Riley House 1001772 104 NUCO2 INC Supplies-Pool Pool Maintenance 1001832 102 STANLEY SECURITY SOLUTIONS INC Supplies-Security Cummins Grill House 221856 101 RUHLIN,JOE Deposits-P&R Refunds Community Center Admin 221853 100 QUICKSTEP BASE BALL CLUB Other Contracted Services Heritage on the Prairie 221875 100 UNIVERSITY OF MINNESOTA Conference Expense Engineering 221980 100 PALMER,JAN Refunds Environmental Education 221983 100 PEROUTKA,THOMAS Refunds Environmental Education 1001760 98 HAYDEN,DOUGLAS E Operating Supplies Fire 221922 98 DORAN,JOHN T Refunds Environmental Education 221919 96 DIRECTV Cable TV Community Center Admin 1001805 94 CARLON,JOHN Mileage&Parking Water Treatment Plant 221888 94 IND SCHOOL DIST 272 Conference Expense Fleet Operating 1001804 91 BOYER TRUCKS Equipment Parts Fleet Operating 221839 90 MN FALL MAINTENANCE EXPO Conference Expense Engineering 221807 90 EARL F ANDERSEN INC Signs Traffic Signs 1001817 90 GRAINGER Safety Supplies Fleet Operating 1001841 89 FONTANA,KATIE Operating Supplies Storm Drainage 221966 85 MINNESOTA REAL ESTATE JOURNAL Dues&Subscriptions Assessing 221976 81 OLSEN COMPANIES Equipment Parts Fleet Operating 222026 81 XCEL ENERGY Electric Forest Hills Park 1001778 78 QUINN,RYAN Mileage&Parking Park Maintenance 221987 78 PRAIRIE LAWN AND GARDEN Landscape Materials/Supp Street Maintenance 1001763 77 KOTCHEVAR,SUSAN Mileage&Parking Finance 221782 75 ANDERSON LAKES ANIMAL HOSPITAL Other Contracted Services Animal Control 221899 75 ANDERSON LAKES ANIMAL HOSPITAL Other Contracted Services Animal Control 1001746 73 BUCHANAN,KURT Operating Supplies Fire Check# Amount Vendor/Explanation Account Description Business Unit Explanation 1001762 72 HOLMGREN,GRETCHEN Mileage&Parking Prairie Village Liquor Store 1001748 71 CENTERPOINT ENERGY Gas Fire Station#4 221963 70 MINNESOTA CONWAY Operating Supplies Fire 221971 69 MOUND FIRE DEPARTMENT Operating Supplies WAFTA 1001745 65 BROWNING,RYAN Other Hardware IT Operating 221848 64 PETSMART Canine Supplies Police 1001770 63 MORROW,JAMES Operating Supplies Police 1001781 62 SPRINT Computers IT Operating 221794 60 BUTTERFIELD,CHRISTINE Deposits-P&R Refunds Community Center Admin 1001821 59 HESSEL,ZACK Training Supplies Police 1001810 57 EIDE,CHRISTINA Mileage&Parking Community Center Admin 1001752 53 DMX MUSIC Other Contracted Services Prairie Village Liquor Store 221772 50 PETTY CASH Petty Cash&Change Funds General Fund 221832 50 LET'S GO FISHING Other Contracted Services Heritage on the Prairie 221871 50 UNIVERSITY OF MINNESOTA Conference Expense Engineering 221905 50 BOWLDS,RICK Refunds Environmental Education 221973 50 NATARAJAN,SIVAKUMAR Refunds Environmental Education 221806 46 DIRECTV Operating Supplies Reserves 221865 45 STORMS,BEV Deposits-P&R Refunds Community Center Admin 1001777 43 QUICKSILVER EXPRESS COURIER Other Contracted Services Communications 221841 43 MORGAN CREEK VINEYARDS Wine Domestic Den Road Liquor Store 1001773 40 POMP'S TIRE SERVICE INC Equipment Parts Fleet Operating 221942 40 HICKMAN,JON Instructor Service Outdoor Center 1001740 40 A TO Z RENTAL CENTER Landscape Materials/Supp Street Maintenance 221996 38 SCHUG,DIANA Deposits-P&R Refunds Community Center Admin 221852 35 PRO CRAFT REMODELING INC Building Permits General Fund 1001820 34 HD SUPPLY FACILITIES MAINTENAN Supplies-Electrical City Hall-CAM 1001828 33 NORCOSTCO Operating Supplies Theatre Initiative 1001776 33 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Operating 221798 30 COMCAST Cable TV Fire 221992 30 PUBLIC SAFETY EQUIPMENT LLC Equipment Repair&Maint Police 221908 29 CAWLEY COMPANY,THE Office Supplies Administration 222028 28 AMERICAN RED CROSS Licenses,Permits,Taxes,Fees Pool Lessons 221784 24 AT&T MOBILITY Pager&Cell Phone Park Maintenance 222003 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 221846 20 PARK SUPPLY OF AMERICA INC Conference Expense Facilities Staff 221879 20 WEBER,TERRI Equipment Repair&Maint Senior Center Admin 221835 19 MATSON,TOM Small Tools Fleet Operating 1001825 18 LUBRICATION TECHNOLOGIES INC Equipment Testing/Cert. Fleet Operating 222000 17 SIR KNIGHT CLEANERS Clothing&Uniforms Fire 221800 16 COMCAST Wireless Subscription IT Operating 221778 15 AHMED,MARYAN Deposits-P&R Refunds Community Center Admin 221988 14 PRICE,RONALD Deposits-P&R Refunds Community Center Admin 221827 13 JOHN DEERE LANDSCAPES/LESCO Operating Supplies Street Maintenance 221870 12 UNIFORMS UNLIMITED Clothing&Uniforms Police 221911 11 CHRISTENSEN,MARGE Deposits-P&R Refunds Community Center Admin 221912 11 COATES,ANN Deposits-P&R Refunds Community Center Admin 221970 9 MN MAINTENANCE EQUIPMENT INC Equipment Repair&Maint Park Maintenance 221799 9 COMCAST Cable TV Fire 4575 7 VANCO SERVICES Bank and Service Charges Sewer Accounting 1001787 7 UPS Deposits Escrow 221801 2 COMCAST Other Contracted Services Police 2,432,417 Grand Total City of Eden Prairie Purchasing Card Payment Report 9/20/2012 Payment Amount Explanation Vendor Account Description Business Unit 32 US-Locate paint MENARDS Repair&Maint.Supplies Water System Maintenance 17 US-Bridge @ Staring MENARDS Operating Supplies Park Maintenance -17 US-Soccer Goals MENARDS Operating Supplies Park Maintenance -20 US-Soccer Goals MENARDS Operating Supplies Park Maintenance 38 US-Soccer Goals MENARDS Operating Supplies Park Maintenance 40 US-Soccer Goals HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 23 US-Archery Targets MENARDS Operating Supplies Park Maintenance 64 US-Trash pick up HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 550 US-Registration PAYPAL INC Conference Expense Communications 461 US-Conf airfare-Beal Spreeman US AIRWAYS Travel Expense Communications 461 US-Conf airfare-Beal Spreeman US AIRWAYS Travel Expense Communications 25 US-Baggage Fee-Conf US AIRWAYS Travel Expense Communications 143 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 208 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 56 US-Café Food RAINBOW FOODS INC. Merchandise for Resale Concessions 112 US-Café Supplies BEST BUY Operating Supplies Concessions 16 US-Café Supplies RAINBOW FOODS INC. Merchandise for Resale Concessions 201 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 105 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 202 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 11 US-Golf Classic TARGET Special Event Fees Senior Center Programs 1,943 US-Golf Classic DAHLGREEN GOLF CLUB Special Event Fees Senior Center Programs 621 US-Golf Classic TRADITIONS OLD&NEW Special Event Fees Senior Center Programs 45 US-Golf Classic TRADITIONS OLD&NEW Special Event Fees Senior Center Programs 21 US-Staff Meeting RADERMACHERS Miscellaneous Senior Center Admin 121 US-Employee lunch CRUMB GOURMET DELI Miscellaneous Senior Center Admin 211 US-BBQ CULVER'S Special Event Fees Senior Center Programs 62 US-BBQ CUB FOODS EDEN PRAIRIE Special Event Fees Senior Center Programs 29 US-Table clothes for BBQ PARTY CITY Operating Supplies Senior Board 927 US-BBQ ANNIE'S CAFE Special Event Fees Senior Center Programs 3 US-Kitchen supplies DOLLAR TREE STORES,INC. Operating Supplies Senior Center Admin -19 US-BBQ CUB FOODS EDEN PRAIRIE Special Event Fees Senior Center Programs 191 US-West end office equip OFFICE DEPOT CREDIT PLAN Office Supplies Water Treatment Plant 41 US-Well 16 temp transmitter TCS BASYS CONTROLS Equipment Repair&Maint Water Wells 104 US-well temp transmitter TCS BASYS CONTROLS Equipment Repair&Maint Water Wells 22 US-Vent cover MENARDS Equipment Repair&Maint Water Treatment Plant 22 US-Tool Case DEWALT FACTORY Small Tools Water Treatment Plant 364 US-Open house display MENARDS Miscellaneous Utility Operations-General -21 US-Refund MILLS FLEET FARM Repair&Maint.Supplies Sewer System Maintenance 22 US-vactor drop line hook MENARDS Repair&Maint.Supplies Sewer System Maintenance 355 US-RL Playground Rubber BURNSVILLE SANITARY LANDFILL Waste Disposal Round Lake 36 US-Training DON PABLOS Mileage&Parking Water Treatment Plant 36 US-Leadership training TGI FRIDAYS Mileage&Parking Water Treatment Plant 741 US-Landscaping OTTEN BROS NURSERY&LANDSCAPI Repair&Maint.Supplies Water Treatment Plant 38 US-Miller Park irrigation supp SCHU/MARKETING ASSOC INC Repair&Maint.Supplies Park Maintenance 104 US-Purgatory Fountain repairs MENARDS Building Repair&Maint. Park Maintenance -41 US-Return MENARDS Building Repair&Maint. Park Maintenance 280 US-AWWA Conference PAYPAL INC Tuition Reimbursement/School Water Treatment Plant 112 US-Boards to trim out as built MENARDS Office Supplies Water Treatment Plant 64 US-Totes MENARDS Office Supplies Water Treatment Plant 70 US-Boundary post hardware HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 10 US-Boundary post hardware HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 24 US-Boundary post hardware MENARDS Operating Supplies Park Maintenance 970 US-Dinner for Dept Mtg BUCA Operating Supplies Fire 21 US-Chips for mtg WALMART COMMUNITY Operating Supplies Fire 477 US-Holiday Cards COURAGE CARDS Operating Supplies Fire 5 US-Embroidering on uniforms SPORTS WORLD USA INC Clothing&Uniforms Birthday Parties 151 US-Birthday party supplies S&S WORLDWIDE Operating Supplies Gymnasium(CC) 52 US-Birthday party supplies S&S WORLDWIDE Operating Supplies Birthday Parties 280 US-AWWA Conference PAYPAL INC Tuition Reimbursement/School Water Treatment Plant 533 US-Bottle top dispenser FISHER SCIENTIFIC Lab Supplies Water Treatment Plant 75 US-Hip wadders GANDER MOUNTAIN Safety Supplies Water Treatment Plant 24 US-Sample jars MENARDS Lab Supplies Water Treatment Plant 575 US-safety videos NEXSTEP Safety Supplies Water Treatment Plant 24 US-Landscape Fabric MENARDS Building Materials Staring Lake 422 US-Disc golf basket DISC GOLF ASSOCIATION INC Building Materials Staring Lake 826 US-Intl Assn of Fire Chiefs HYATT HOTELS Travel Expense Fire 100 US-Historic preservation conf MN HISTORICAL SOCIETY Conference Expense Planning 488 US-Neighborhood watch NATIONAL NEIGHBORHOOD WATCH IN Printing Police 999 US-License Renewal CELLEBRITE USA CORP Miscellaneous IT Operating 50 US-Trng/membership dues PAYPAL INC Tuition Reimbursement/School Police 4 US-Miller Irrigation MENARDS Repair&Maint.Supplies Park Maintenance 8 US-Electrical supplies MENARDS Operating Supplies Park Maintenance 16 US-Miller playground benches MENARDS Operating Supplies Park Maintenance 540 US-Well air release project CENTRAL STATES GROUP Equipment Repair&Maint Water Wells 61 US-Players benches MENARDS Building Repair&Maint. Park Maintenance Amount Explanation Vendor Account Description Business Unit 9 US-Parking-LRT Mtg MPLSPARKING.COM Mileage&Parking Community Development Admin. 195 US-Vehicle#122 DISCOUNT TIRE Motor Fuels Fleet Operating 27 US-Supplies OFFICEMAX CREDIT PLAN Equipment Parts Fleet Operating 273 US-New Vehicle LUND INDUSTRIES Machinery&Equipment Police 13 US-Batteries TARGET Operating Supplies Community Center Admin 31 US-New Hire Orientation Tour CUB FOODS EDEN PRAIRIE Training Supplies Organizational Services 250 US-Orientation with Directors/ DAVANNI'S PIZZA Training Supplies Organizational Services 16 US-Pick up reserve boat ARBY'S Operating Supplies Fire 90 US-Fuel MARATHON OIL Operating Supplies Fire 1,609 US-TV's BEST BUY Capital Under$25,000 Public Safety Communications 43 US-Meeting TARGET Miscellaneous Housing and Community Service 8 US-Meeting TARGET Miscellaneous Housing and Community Service 7,290 US-July2012 Bldg Surchgs DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 1,073 US-July2012 Bldg Surchgs DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund 610 US-July2012 Bldg Surchgs DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund -179 US-July2012 Bldg Surchgs DEPT OF LABOR&INDUSTRY Other Revenue General Fund 28 US-UB Online processing PAYPAL INC Bank and Service Charges Utility Operations-General 20 US-ePermit Web Security PAYPAL INC Equipment Repair&Maint IT Operating 219 US-TIN Matching&B Notices CONFERTEL WEBINARS Conference Expense Finance 40 US-UB Recurring Credit cards PAYPAL INC Bank and Service Charges Utility Operations-General 30 US-Wine 101 online class CERTIFICATION PARTNERS Conference Expense Den Road Liquor Store 32 US-Café Food WALGREEN'S#5080 Merchandise for Resale Concessions 965 US-Badges ICE SKATING INSTITUTE Operating Supplies Ice Rink#1 3 US-Folders WALGREEN'S#5080 Operating Supplies Ice Rink#1 1,732 US-Café Supplies US FOOD CULINARY EQUIPMENT&S Operating Supplies Concessions 87 US-Office Supplies OFFICEMAX CREDIT PLAN Operating Supplies Ice Rink#1 92 US-Lift station parts MENARDS Equipment Parts Sewer Liftstation 8 US-Lift station parts MENARDS Equipment Parts Sewer Liftstation 42 US-Pump oil RAINBOW FOODS INC. Repair&Maint.Supplies Sewer Liftstation 19 US-Rust stop MENARDS Equipment Parts Sewer Liftstation 46 US-Money mag celebration PARTY CITY Miscellaneous Communications 90 US-Money mag celebration CUB FOODS EDEN PRAIRIE Miscellaneous Communications 155 US-Marcom Awards entry MARCOM AWARDS Awards Communications 329 US-Membership renewal IABC Dues&Subscriptions Communications 15 US-Subscription renewal APBOOKSTORE.COM Dues&Subscriptions Communications 53 US-Policy meeting MILIO'S SANDWICHES Health&Fitness Fire 94 US-iPod supplies AMAZON.COM Office Supplies Fire 99 US-Shears/trimmer HANCE ACE HARDWARE Small Tools Water Treatment Plant 110 US-Absentee Election JASON'S DELI Miscellaneous City Council 69 US-Election staff food CRUMB GOURMET DELI Miscellaneous City Council 192 US-Absentee Election D'AMICO AND SONS Miscellaneous City Council 220 US-Council Workshop Food BAKERS'RIBS Miscellaneous City Council 235 US-Council Workshop Food DAVANNI'S PIZZA Miscellaneous City Council 59 US-T shirts MICHAELS-THE ARTS&CRAFTS S Operating Supplies Pool Lessons 103 US-Riley Event RAINBOW FOODS INC. Operating Supplies Riley Lake Beach 58 US-Brooms for shop HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water Treatment Plant 10 US-Shop Apron MENARDS Repair&Maint.Supplies Water System Maintenance 24 US-Hammer SEARS EDEN PRAIRIE Small Tools Water System Maintenance 58 US-Locator battery BATTERIES PLUS Repair&Maint.Supplies Water System Maintenance 24 US-Bndr OFFICEMAX CREDIT PLAN Repair&Maint.Supplies Sewer System Maintenance 59 US-Staff Meeting KOWALSKI'S MARKET Miscellaneous Recreation Admin 55 US-All Day interviews CRUMB GOURMET DELI Miscellaneous Recreation Admin 447 US-Replacement camera BEST BUY Capital Under$25,000 Fire 26 US-Prairie Ctr dig dinner-wate DOMINO'S PIZZA Repair&Maint.Supplies Water System Maintenance 4 US-Shop supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water Treatment Plant 838 US-Hydrant truck tools MATSON,TOM Small Tools Water System Maintenance 13 US-Election Supplies OFFICE DEPOT CREDIT PLAN Office Supplies Elections 34 US-Supplies MENARDS Repair&Maint.Supplies Storm Drainage 108 US-Supplies MENARDS Repair&Maint.Supplies Storm Drainage 12 US-Supplies MENARDS Repair&Maint.Supplies Storm Drainage 813 US-Totes 1BAGATATIME.COM Operating Supplies Recycle Rebate 1,432 US-Kits NIAGARA CONSERVATION Operating Supplies Environmental Education 19 US-Willow stump spray MILLS FLEET FARM Chemicals Park Maintenance 51 US-EPCC pots HOME DEPOT CREDIT SERVICES Landscape Materials/Supp Park Maintenance 14 US-Reserve Calendar CALENDAR WIZ Operating Supplies Reserves 31 US-Inadvertent personal use-M US BANK Deposits Escrow 24 US-Mailbox utility hit MENARDS Operating Supplies Street Maintenance 447 US-Storage Case CASE CLUB Training Supplies Fire -222 US-3 ply 2X10-14' MENARDS Repair&Maint.Supplies Utility Operations-General 383 US-Caps for clean outs SPS COMPANIES Repair&Maint.Supplies Sewer System Maintenance 5 US-I&I covers MENARDS Repair&Maint.Supplies Sewer System Maintenance 11 US-I&I Caps MENARDS Repair&Maint.Supplies Sewer System Maintenance -5 US-I&I Caps MENARDS Repair&Maint.Supplies Sewer System Maintenance 68 US-I&I Caps SPS COMPANIES Repair&Maint.Supplies Sewer System Maintenance 94 US-I&I Caps SPS COMPANIES Repair&Maint.Supplies Sewer System Maintenance 24 US-I&I Supplies MENARDS Repair&Maint.Supplies Sewer System Maintenance 3 US-I&I Caps MENARDS Repair&Maint.Supplies Sewer System Maintenance 20 US-I&I Caps MENARDS Repair&Maint.Supplies Sewer System Maintenance 25 US-Washbay NAPA AUTO PARTS Repair&Maint.Supplies Utility Operations-General 739 US-Police Sign ISIGNS Repair&Maint.Supplies Police City Center Amount Explanation Vendor Account Description Business Unit 751 US-Drug task force whiteboard STAPLES Capital Under$25,000 FF&E-Furn,Fixtures&Equip. 751 US-Drug task force whiteboard STAPLES Capital Under$25,000 FF&E-Furn,Fixtures&Equip. -751 US-Drug task force whiteboard STAPLES Capital Under$25,000 FF&E-Furn,Fixtures&Equip. 18 US-Police Sign ISIGNS Repair&Maint.Supplies Police City Center 154 US-Picture frames for store 2 MICHAELS-THE ARTS&CRAFTS S Repair&Maint.Supplies Den Road Liquor Store 45 US-Police sign bracket STORMS WELDING&MFG INC. Repair&Maint.Supplies Police City Center 852 US-supplies WILMAR Repair&Maint.Supplies Fire Station#1 1,654 US-OCM Bathrooms POTTERY BARN Capital Under$25,000 FF&E-Furn,Fixtures&Equip. 64 US-Printing for photo contest WALGREEN'S#5080 Operating Supplies Arts 79 US-Frames for photo contest MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts 24 US-Tupperware/snacks-clay camp TARGET Operating Supplies Arts Center 15 US-Art project supplies TARGET Operating Supplies Arts Center 33 US-Volunteer software VOLGISTICS Other Contracted Services Recreation Admin 4 US-Glue for ceramic classes MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center 872 US-Supplies ID WHOLESALER Operating Supplies Community Center Admin 484 US-Travel DELTA AIR Travel Expense Assessing 70 US-Post/post hole digger HOME DEPOT CREDIT SERVICES Small Tools Street Maintenance 39 US-supplies for washing signal HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance 285 US-Buttons for money magazine AFFORDABLE BUTTONS Printing Communications 550 US-Conference registration PAYPAL INC Conference Expense Communications 6 US-Bit for HH Slide repair MENARDS Small Tools Park Maintenance 5 US-Bolts for HH slide repair MENARDS Equipment Repair&Maint Park Maintenance 17 US-Bee spray/paint MENARDS Operating Supplies Park Maintenance 10 US-Paint Supplies MENARDS Operating Supplies Park Maintenance 33 US-Staring lake paver repair MENARDS Building Repair&Maint. Park Maintenance 56 US-Critter Food PETCO Operating Supplies Outdoor Center 134 US-Trip Permit RECREATION.GOV Program Trips Outdoor Center 41 US-Critter Food PETCO Operating Supplies Outdoor Center 307 US-Food for trip CUB FOODS EDEN PRAIRIE Program Trips Outdoor Center 4 US-Supplies for trip HOME DEPOT CREDIT SERVICES Program Trips Outdoor Center 14 US-Food for trip CUB FOODS EDEN PRAIRIE Program Trips Outdoor Center -16 US-Trip Permit RECREATION.GOV Program Trips Outdoor Center 65 US-Gas for trip HOLIDAY STATION STORES INC Program Trips Outdoor Center 42 US-Gas for trip HOLIDAY STATION STORES INC Program Trips Outdoor Center 30 US-Gas for trip CHOCOLATE SHIP Program Trips Outdoor Center 35 US-Critter Food PETCO Operating Supplies Outdoor Center 120 US-Pesticide Recert wkshop UNIVERSITY OF MINNESOTA Licenses,Permits,Taxes Park Maintenance 1,185 US-911 Phone Upgrade PC CONNECTION EXPRESS Equipment Repair&Maint Public Safety Communications 60 US-911 Phone Upgrade PC CONNECTION EXPRESS Equipment Repair&Maint Public Safety Communications 165 US-911 Phone Upgrade PC CONNECTION EXPRESS Equipment Repair&Maint Public Safety Communications 125 US-Spare inventory CLOSED CIRCUIT SPECIALISTS INC Equipment Repair&Maint Public Safety Communications 4 US-Dispatch Monitor MY CABLE MART Equipment Repair&Maint Public Safety Communications 18 US-Fall Softball Open house WALGREEN'S#5080 Operating Supplies Softball 24 US-Softball open house DAVANNI'S PIZZA Operating Supplies Softball -275 US-Credit-Training PAYPAL INC Tuition Reimbursement/School Police 159 US-Sniper Supplies BROWNELLS INC. Training Supplies Police 695 US-Training C Millard HTCIA Tuition Reimbursement/School Police 175 US-Training Targets LAW ENFORCMENT TARGETS INC Training Supplies Police 269 US-Flight-C Millard US AIRWAYS Tuition Reimbursement/School Police 50 US-Training R Gulden SAFE KIDS WORLDWIDE Tuition Reimbursement/School Police 300 US-Training J Irmiter GLOCK PROFESSIONAL INC Tuition Reimbursement/School Police 20 US-Training J limiter GLOCK PROFESSIONAL INC Tuition Reimbursement/School Police 125 US-ATOM Dave Becker ATOM Tuition Reimbursement/School Police -185 US-Refund PAYPAL INC Conference Expense Police 159 US-Emergency management conf BREEZY POINT RESORT Conference Expense Police 75 US-Program supplies WALMART COMMUNITY Operating Supplies Youth Programs Admin 80 US-Program supplies WALMART COMMUNITY Operating Supplies Youth Programs Admin 18 US-LIT Trip/lunch supplies DAIRY QUEEN Operating Supplies Teen Programs 4 US-Lake Riley supplies MENARDS Operating Supplies Day Camp 38 US-LIT's fun Friday trip EDINA AQUATIC CENTER Special Event Fees Teen Programs 24 US-Day camp supplies-Lk Riley WALMART COMMUNITY Operating Supplies Day Camp 12 US-Tennis final staff meeting PDQ DELI MART Operating Supplies Tennis 41 US-Bingo LRDC PARTY CITY Operating Supplies Day Camp 18 US-Batteries-Camps/programs TARGET Operating Supplies Youth Programs Admin 18 US-Snacks for Technology class KOWALSKI'S MARKET Operating Supplies CC-New Adaptive 127 US-Conference N White CRAGUNS Travel Expense Recreation Admin 127 US-Conference V Verley CRAGUNS Travel Expense Recreation Admin 24 US-Supplies for splash time MICHAELS-THE ARTS&CRAFTS S Operating Supplies Special Initiatives 76 US-Suplies-Adaptive teen camps TARGET Operating Supplies New Adaptive 16 US-Supplies-everyone can dance DENNY'S 5TH AVENUE BAKERY Operating Supplies CC-Leisure Education 25 US-Supplies-everyone can dance KOWALSKI'S MARKET Operating Supplies CC-Leisure Education 39 US-Body pump music SCW FITNESS Licenses,Permits,Taxes Fitness Classes 300 US-Annual licensing fee AMERICAN RED CROSS Licenses,Permits,Taxes Pool Lessons 300 US-Annual licensing fee AMERICAN RED CROSS Licenses,Permits,Taxes Oak Point Lessons 100 US-CEC Training LIFETIME FITNESS,INC Tuition Reimbursement/School Fitness Classes 250 US-Licensing Fee SCW FITNESS Licenses,Permits,Taxes Fitness Classes 205 US-Training Supplies LAW ENFORCMENT TARGETS INC Training Supplies Police 440 US-Training TRUSIGHT Conference Expense IT Operating 669 US-Sr Ctr display project CABLES TO GO Office Supplies Senior Center Admin 43 US-Book Lib IT SAFARI BOOKS Conference Expense IT Operating Amount Explanation Vendor Account Description Business Unit 67 US-Software IT PODIO INC Software IT Operating 1,716 US-TV for community center BEST BUY Capital Under$25,000 Fitness Center 250 US-Conference IT MN GIS/LIS Conference Expense IT Operating 53,325 Report Total CITY COUNCIL AGENDA DATE: SECTION: Ordinances &Resolutions October 16, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XI.A. Office of the City Manager First Reading of Ordinance Amending City Code Chapter 3 entitled"Municipal and Public Utilities—Rules and Regulations, Rates, Charges and Collections Requested Action Move to: Approve first reading of the Ordinance amending various portions of City Code Chapter 3 entitled"Municipal and Public Utilities-Rules and Regulations, Rates, Charges and Collections", City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 3.99 entitled"Violation a Misdemeanor" Synopsis The Ordinance was updated for the change to the storm water classification for townhomes. Other changes were made so the ordinance is consistent with City procedures and to provide clarification. The most significant changes are listed below. • adjusting storm water classification and billing, moves townhome classification from Apartment classification to Single Family classification, change from a per acreage charge to a flat fee • revising meter accuracy look back to six years, consistent with State Statute • revising the procedure used to assess unpaid utility charges, remove specific dates which are given to the City from the County annually • revising the billing process for municipal utilities, references monthly and quarterly billing • deleting the subdivision on unmetered service, the City does not have unmetered service • deleting the Industrial Users Strength Charge, the Met Council now collects this charge directly, • incorporating, by reference, City Code Chapter 1 and City Code Section 3.99, which contain provisions relating to penalties. • removing years from statutory references, • replacing the term Cable TV with the term Cable System, • adding a subdivision number to the water and sewer connection certification provisions, • removing Deputy from the reference to the City Clerk Attachments • Ordinance Summary • Resolution re Ordinance Summary • Ordinance with 2012 updates CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2012 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 3, RELATING TO MUNICIPAL AND PUBLIC UTILITIES, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 3.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 3, Section 3.01, Subd. 3 is hereby amended by deleting the word "TV" and replacing it with the word"System." Section 2. City Code Chapter 3, Section 3.02, Subd. 1 is hereby amended by deleting the final sentence. Section 3. City Code Chapter 3, Section 3.02 is hereby amended by deleting Subd. 2 in its entirety. Section 4. City Code Chapter 3, Section 3.05 is hereby amended by (i) deleting from the first sentence the word "mailed" and replacing it with the word "sent;" (ii) deleting from the second sentence the phrase "within twenty (20) days after the date of mailing of the statement to the customer" and replacing it with the phrase "by the bill due date;" and (iii) inserting after the second sentence the following sentence: "Bills not paid by the due date shall be charged a late payment penalty of 1%per month until paid or until certified to taxes." Section 5. City Code Chapter 3, Section 3.05, Subd. 6 is hereby amended by deleting from the fourth and fifth sentences the word "months" and replacing it in each instance with the word "years." Section 6. City Code Chapter 3, Section 3.05, Subd. 8 is hereby amended by deleting paragraph (B) in its entirety and replacing it with the following paragraph "Each such charge is hereby made a lien upon the premises served. Unpaid charges shall not be certified to the county auditor until notice has been provided to the owner of the premises involved. The notice shall be sent by first class mail and shall state that if payment is not made before the date for certification, the entire amount unpaid plus an administration fee will be certified to the county auditor for collection as other taxes are collected, The owner of the property shall have the option of paying the balance due on the account plus an administration fee until the date stated in the notice." Section 7. City Code Chapter 3, Section 3.07, Subd. 1 is hereby amended by deleting from the first sentence the year"1990." Section 8. City Code Chapter 3, Section 3.07, Subd. 1 (B) is hereby amended by inserting after the word"Subdivision"the number"5." Section 9. City Code Chapter 3, Section 3.07, Subd. 6 is hereby amended by deleting from the second sentence the word"Deputy." Section 10. City Code Chapter 3, Section 3.30 is hereby amended by deleting Subd. 9 in its entirety. Section 11. City Code Chapter 3, Section 3.75, Subd. 2 is hereby amended by deleting from the first sentence the year"1992." Section 12. City Code Chapter 3, Section 3.75, Subd. 4 is hereby amended by (i) adding to Classification 1 after the words "Single Family" the phrase: "/Condos/Townhomes/ Flats/Twinhomes/Lofts/Doubles;" (ii) deleting from Classification 2 the words "Railroad ROW;" and(iii)by adding to Classification 4 after the words "Golf Course"the words "/Railroad ROW." Section 13. City Code Chapter 3, Section 3.75, Subd. 8 is hereby amended by deleting the last sentence in its entirety. Section 14. City Code Chapter 3, Section 3.75, Subd. 9 is hereby amended by (i) inserting into the first sentence after the words "single-family" the phrase ", condos, townhomes, flats, twinhomes, lofts and double;" and (ii) inserting into the second sentence after the words "assumed that" the phrase "the average of all," and after the words "single-family" the phrase ", condos, townhomes, flats, twinhomes, lofts and double." Section 15. City Code Chapter 3, Section 3.75, Subd. 10 is hereby amended by inserting into the second sentence after the words "issued every"the phrase "month or every." Section 16. City Code Chapter 3, Section 3.75, Subd. 11 is hereby amended by deleting from the first sentence the year"1992." Section 17. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 3.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 18. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of October, 2012, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2012. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor Published in the Eden Prairie News on the day of , 2012. CITY COUNCIL AGENDA DATE: SECTION: Report of Public Works Director October 16, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 12-5827 ITEM NO.: XIV.E.1. Robert Ellis Resolution Approving Purchase Public Works Agreement for Excess Right-of-Way near Homeward Hills Road and Sunnybrook Road Requested Action Move to: Adopt a Resolution Approving Purchase Agreement for Excess Right-of-Way near Homeward Hills Road and Sunnybrook Road Synopsis On August 13, the Planning Commission found the sale of this parcel to be in compliance with our Comprehensive Guide Plan. This item now comes before the City Council in the form of a Purchase Agreement with the highest bidder. The property sale was advertised in the Eden Prairie News with a minimum asking price of$13,000. Background Information Over the past several months, the City has been interested in seeing improvements made to the southwest quadrant of Homeward Hills Road and Sunnybrook Road. Currently, there are two properties located in this corner. One is a privately owned lot which is zoned rural and is occupied by an aging non-conforming use structure that functions as a rental unit. The other property is owned by the City and is a remnant of land acquired for the construction of Homeward Hills Road. Because the road and trail system have been completed, this remnant no longer has a useful public purpose. In an effort to address the visual appearance of the corner and to dispose of the unneeded property, the city pursued the sale of this small segment of land. The portion to be disposed of was approximately 30' wide by 314' long. The adjacent property owner had expressed an interest in acquiring the land for purposes of rezoning his rural lot to RI-13.5, subdividing into two conforming residential lots, and demolishing the existing non-conforming use structure. Financial Implications The property is being sold for$13,001.00 Attachments • Purchase Agreement • Resolution • Exhibit A PURCHASE AGREEMENT THIS AGREEMENT is made this l 6th day October.2012,by and between the City of Eden Prairie, a Minnesota Municipal Corporation ("Seller") and Orin M. Ilooverson and Patricia tlooverson, Husband and Wife ("Buyer"). RECITALS Seller is the fee owner of certain real property located in Hennepin County, Minnesota, containing approximately 9,420 square feet, which is a portion of what is legally described on Exhibit A and depicted on Exhibit B,together with all buildings and improvements constructed or located on the real property, and all easements and rights benefiting or appurtenant to the real property(collectively, the"Property"). Seller desires to sell the Property to Buyer, pursuant to the terms of this Agreement. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Sale of Property. Seller agrees to sell to Buyer and Buyer agrees to buy from Seller, the Property as described in the first Recital paragraph. 2. Purchase Price. The total purchase price ("Purchase Price") to be paid by Buyer to Seller for the Property shall be'Thirteen Thousand Two Hundred One and no/100 Dollars($13,001). 3. Payment of Purchase Price. The Purchase Price shall be paid as follows: 3.1 Earnest Money. Five Hundred One and no/100 Dollars($501.00)as earnest money ("Earnest Money") which Earnest Money shall be held by Guaranty Commercial Title ("Escrow Agent") in an interest bearing escrow account, provided, however, that the fee for any such account shall be paid by Buyer. 3.2 Closing Payment. Twelve Thousand Five Hundred and no/100 Dollars ($12,500)in cash or by wire transfer of U.S. Federal Funds to be received by Seller on or before 10:00 a.m. Iocal time on the Closing Date. Contingencies. 4.1 Buyer's Contingencies. Buyer and Seller agree and understand that Buyer intends to develop the Property in conjunction with property Buyer owns at 12151/12155 Sunnybrook Road (collectively the "Parcel") as two single -1- family lots(the"Proposed Use"). Unless waived by Buyer in writing,Buyer's obligation to purchase the Property shall be subject to and contingent upon each of the following: 4.1.1 Performance of Seller's Obligations. Seller shall have performed all of the obligations required to be performed by Seller under this Agreement, as and when required by this Agreement. 4.1.2 Title. Title shall have been found acceptable,or made acceptable, in accordance with the requirements and terms of Section 10 below. If any of the foregoing contingencies have not been satisfied on or before the closing date, then this Agreement may be terminated, at Buyer's option, by written notice from Buyer to Seller. Such notice of termination may be given at any time on or before the Closing Date, Upon such termination(a) Buyer and Seller shall execute a recordable written termination of this Agreement, which shall include Buyer's quit claim of any interest in and to the Property, (b) the Earnest Money and any interest accrued thereon shall he released to Buyer, and (c) upon such return, neither party will have any further rights or obligations regarding this Agreement or the Property. All the contingencies set forth in this subsection are specifically stated and agreed to he for the sole and exclusive benefit of the Buyer and the Buyer shall have the right to unilaterally waive any contingency by written notice to Seller. 4.2 Seller's Contingencies. Buyer and Seller agree and understand that Buyer intends to develop the Property in conjunction with property Buyer owns at 12]51/12155 Sunnybrook Road (collectively the ''Parcel") as two single family lots(the"Proposed Use"). Unless waived by Seller in writing, Seller's obligation to sell the Property shall be subject to and contingent upon each of the following: 4.2.1 On or before the Closing Date Buyer shall have obtained approval to have the Parcel subdivided into two residential lots. 4.2.2 On or before the Closing Date Buyer shall have obtained plat approval for the Parcel. 4.2.3 On or before the Closing ❑ate Buyer shall have obtained a Comprehensive Guide Plan Amendment relating to the Parcel. 4.2.4 On or before the Closing Date Buyer shall have the Parcel rezoned to Residential, R1-13.5. 4.2.5 On or before the Closing Date Buyer shall have provided to Seller a drainage, utility, conservation and buffer strip easement along the wetland area on the Property. 4.2.6 Buyer authorizes the Seller to perform a preliminary engineering design of the water and sewer extension to the property which shall include a cost estimate for utility installation and a geotechnical evaluation of the soils. This engineering analysis is estimated at Five Thousand Two Hundred and no/100 Dollars ($5,200). Upon execution of this Agreement by Buyer, Buyer shall executed a Deposit Agreement in the form attached hereto as Exhibit C and deposit the Five Thousand Two Hundred and no/100 Dollars($5,200) with Seller. The amount deposited by Buyer pursuant to the Deposit Agreement is not part of the Purchase Price or the Earnest Money Wally of the foregoing contingencies have not been satisfied on or before the stated date, then this Agreement may be terminated, at Seller's option, by written notice from Seller to Buyer. Such notice of termination may be given at any time on or before the Closing Date. Upon such termination(a) Buyer and Seller shall execute a recordable written termination of this Agreement, which shall include Buyer's quit claim of any interest in and to the Property, (b)the Earnest Money and any interest accrued thereon shall be retained by Seller, and (c) upon such return, neither party will have any further rights or obligations regarding this Agreement or the Property. All the contingencies set forth in this subsection are specifically stated and agreed to be for the sole and exclusive benefit of the Seller and the Seller shall have the right to unilaterally waive any contingency by written notice to Buyer. 5. Buyer's Access and Investigation. Seller shall allow Buyer,and Buyer's agents.access to the Property without charge and at all reasonable times for the purpose of Buyer's investigation and testing the same. Buyer shall pay all costs and expenses of such investigation and testing and shall indemnify and hold Seller and the Property harmless from all costs and liabilities relating to Buyer's activities. Buyer shall further promptly repair and restore any damage to the Property caused by or occurring during Buyer's testing and return the Real Property and/or Personal Property to substantially the same condition as existed prior to such entry. 6. Closing. The closing of the purchase and sale contemplated by this Agreement(the "Closing'.) shall occur on the earlier of 20 days after the date all contingencies in this Agreement have been satisfied or waived or (ii) August 1,2013 (the "Closing Date"). The Closing shall take place at 10:00 a.m. local time at the office.of Guaranty Commercial Title in Minneapolis,Minnesota, or at such other place as may be agreed to. Seller agrees to deliver possession of the Property to -3- Buyer on the Closing Date. 7_ Seller's Closinc,Documents. On the Closing Date,Seller shall execute and/or deliver to Buyer the following(collectively, "Seller's Closing Documents"): 7.1 Deed. A Quit Claim Deed, in recordable form reasonably satisfactory to Buyer, conveying the.Property to Buyer, free and clear of all encumbrances, except the Permitted Encumbrances. 7.2 Bring-down Certificate. The Bring-down Certificate, 7.3 Executive Order Affidavit. An affidavit properly executed and in recordable form satisfying Buyer and Title that the Seller is not a blocked person under Executive Order 13224. 7.4 Covenants for Paragraph 22. Covenants, signed by both Seller and Buyer, which record the terms of the release of the building permit set forth in Paragraph 22. 7.5 Other Documents. All other documents reasonably determined by Buyer to be necessary to transfer the Property to Buyer free and clear of all encumbrances, except the Permitted Encumbrances. 8. Buyer's Closing Documents. On the Closing Date,Buyer will execute and/or deliver to Seller the following(collectively, "Buyer's Closing Documents"): 8.1 Purchase Price. The Purchase Price, by wire transfer of U.S. Federal Funds or by certified check to be received in Title's trust account on or before 10:00 a.m. local time on the Closing Date. 8.2 Title Documents. Such Affidavits of Purchaser, Certificates of Value or other documents as may be reasonably required by Title in order to record the Seller's Closing Documents and issue the Policy. 8.3 Executive Order Affidavit. An affidavit properly executed and in recordable form satisfying Seller and Title that the Buyer is not a blocked person under Executive Order 13224. 8.4 Covenants for Paragraph 22. Covenants, signed by both Seller and Buyer, which record the terms of the release of the building permit set forth in Paragraph 22. -4- 9. Prorations. Seller and Buyer agree to the following prorations and allocation of costs regarding this Agreement: 9.1 Title Insurance and Closing Fee. Buyer will pay all costs of the Title Evidence described in Section 10 of this Agreement and the fees charged by Title for any escrow required regarding Buyer's Objections. Buyer will pay the premium or cost of the Policy and all additional premiums required for the issuance of any title insurance policy required by Buyer. Buyer will pay the closing fee or charge imposed by any closing agent designated by Title. 9.2 Deed Tax. Buyer shall pay all state deed tax regarding the Quit Claim Deed to be delivered by Seller under this Agreement. 9,3 Real Estate Taxes and Special Assessments. The Property is not currently subject to real estate taxes. There are no levied or pending special assessments against the Property. Buyer shall be responsible for all real estate taxes and special assessments subsequent to the Closing Date. 9.4 Recording Costs, Seller will pay the cost of recording all documents necessary to place record title in the condition warranted by Seller and requested by Buyer in this Agreement. Buyer will pay the cost of recording all other documents. 9.5 Platting Costs. Seller and Buyer shall each pay one half(l/2)of the costs to prepare the final plat and easements. 9.6 Development Fees, Buyer shall pay all fees and costs related to the development of the two residential lots,including but not limited to building permit fees,trunk water and sewer fees,SAC and WAC fees,park dedication fees, lateral water fee, fees and costs related to the guide plan amendment, and any fees and costs related to the subdivision and rezoning of the Parcel. 9.7 Attornys' Fees. Each of the parties will pay its own attorneys' fees, except that a party defaulting under this Agreement or any closing document will pay the reasonable attorneys' fees and court costs incurred by the non-defaulting party to enforce its rights regarding such default. 9.8 Other Costs. All other operating costs of the Property will be allocated between Seller and Buyer as of the Closing Date,so that Seller pays that part of such other operating costs payable before the Closing Date, and Buyer pays that part of such operating costs payable from and after the Closing Date. -5- 10, Title Examination. Title examination will be conducted as follows: 10.1 Buyer's Title Evidence, Buyer shall have the right, within 20 days of the execution of this Purchase Agreement,to obtain the following(collectively, "Title Evidence"): 0.1.1 Title Insurance Commitment. A commitment("Title Commitment") for an Owner's Policy of Title Insurance insuring title to the Real Property, in the amount of the Purchase Price, issued by Guaranty Commercial TItle ("Title"). 10.1.2 Survey. A survey (the "Survey") prepared by a Registered Land Surveyor properly licensed to practice in the State of Minnesota(the "Survey"). I0.2 Buyers Objections, Within 45 days after execution of this Purchase Agreement, Buyer shall make written objections ("Objections")to the form and/or contents of the Title Evidence. Buyer's failure to make Objections within such time period will constitute a waiver of Objections. Any matter shown on the Title Evidence and not objected to by Buyer shall be a "Permitted Encumbrance"pursuant to this Agreement. Seller will have the option of (i) curing the Objections within 60 days after receipt of the Objections,during which period the Closing will be postponed as necessary or(ii)cancelling this Agreement. If the Objections are not cured within such 60 day period, Buyer will have the option to do any of the following: 10.2.1 Termination. 'Terminate this Agreement and receive a remind of the Earnest Money and the interest accrued and unpaid on the Earnest Money, if any. 10.2.2 Waiver. Waive the Objections and proceed to close. I I. As is. Buyer is purchasing the Property based upon its own investigation and inquiry and is not relying on any representation of Seller or other person and is agreeing to accept and purchase the Property"as is,where is"subject to the conditions of examination herein set forth and the express warranties herein contained. Consummation of this Agreement by Buyer with knowledge of any breach of such representations and wat7"anties by Seller will not constitute a waiver or release by Buyer of any claims due to such breach. 12. Broker's Commission. Seller and Buyer represent and warrant to each other that they have dealt with no other brokers,finders or the like in connection with this transaction,and agree to -6- indemnify each other and to hold each other harmless against all claims,damages,costs or expenses of or for any other such fees or commissions resulting from their actions or agreements regarding the execution or performance of this Agreement,and will pay all costs of defending any action or lawsuit brought to recover any such fees or commissions incurred by the other party, including reasonable attorneys' fees. 13. Mutual Indemnification. Seller and Buyer agree to indemnify each other against,and hold each other harmless from, all liabilities (including reasonable attorneys' fees in defending against claims) arising out of the ownership, operation or maintenance of the Properly for their respective periods of ownership. Such rights of indemnification will not arise to the extent that(a) the party seeking indemnification actually receives insurance proceeds or other cash payments directly attributable to the liability in question, (net of the cost of collection, including reasonable attorneys' fees) or (b) the claim for indemnification arises out of the act or neglect of the party seeking indemnification. If and to the extent that the indemnified party has insurance coverage, or the right to make claim against any third party for any amount to be indemnified against as set forth above, the indemnified party will, upon full performance by the indemnifying party of its indemnification obligations, assign such rights to the indemnifying party or, if such rights are not assignable, the indemnified party will diligently pursue such rights by appropriate legal action or proceeding and assign the recovery and/or right of recovery to the indemnifying party to the extent of the indemnification payment made by such party. 14. Assignment. Neither party may assign its rights under this Agreement without the prior written consent of the other party, before or after Closing. Any such assignment will not relieve such assigning party of its obligations under this Agreement. 15. Survival. Unless otherwise stated,all of the terms of this Agreement will survive and be enforceable for one year after the Closing. 16. Notices. Any notice required or permitted to be given by any party upon the other is given in accordance with this Agreement if it is directed to Seller by delivering it personally to an officer of Seller,or if it is directed to Buyer,by delivering it personally to an officer of Buyer,or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or i f deposited cost paid with a nationally recognized,reputable overnight courier, properly addressed as follows: If to Seller: City of Eden Prairie 8080 Mitchell Road Eden Prairie. MN 55344 Attn: Robert Ellis If to Buyer: Orin and Patricia Hooverson W8430 Woodview Drive -7- Onalaska, WI 54650 With a copy to: John M. Manahan Boyle Law Firm 7831 Glenroy Road, Suite 145 Bloomington, MN 55431 Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit as aforesaid, provided, however, that if notice is given by deposit, that the time for response to any notice by the other party shall commence to run one business day after any such deposit. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 17. Captions. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement and are not to be considered in interpreting this Agreement. 18. Entire Agreement, Modification. This written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the Property. There are no verbal agreements that change this Agreement and no waiver of any of its terms will be effective unless in a writing executed by the parties. 19. Rindina Effect. This Agreement binds and benefits the parties and their successors and assigns. 20. Controlling Law. This Agreement has been made under the laws of the State of Minnesota, and such laws will control its interpretation. 21. Remedies. If either Party defaults under this Agreement,the non-defaulting Party shall have the right to terminate this Agreement by giving written notice to the defaulting Party. if the defaulting party fails to cure such default within Five (5) business days of the date of such notice the non-defaulting party may cancel this Agreement with written notice to the defaulting party. The foregoing is the exclusive remedy for either Party. All other remedies, including damages for breach,equitable remedies,specific performance, and all other remedies at law or equity are waived and relinquished by each of the Parties. 22. Building Permit Conditions. The following conditions shall survive this Agreement and shall be enforceable until a building permit has been issued for the Parcel. Unless waived in writing by Seller, no building permit shall be issued for the Parcel until the following conditions have been met at Buyer's sole cost: -8- 22.1 Buyer shall have demolished the existing structure located on the Parcel, 22,2 Buyer shall have extended a City Sanitary Sewer main south to the frontage serving the southern lot, shall have returned the existing road to its prior condition as determined by the City Engineer,and shall have connected both residential lots to City Sanitary Sewer and City Water. 22.3 Buyer shall have provided vehicular access to both residential lots. Buyer shall maintain the currently existing driveway to Sunnybrook Road as the driveway access to the northern lot. Buyer shall establish a new driveway as far to the south as possible for driveway access to the southern Lot. The conditions set forth herein shall be memorialized in Covenants signed by both parties and recorded against the property. Said Covenants shall constitute closing documents for both Buyer and Seller and shall be recorded against and run with the Property. IN AGREEMENT, Seller and Buyer have executed this Agreement as of the date fast written above. SELLER: CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, Mayor Rick Cretschow, City Manager -9- BUYER Orin M. Hooverson Signature Page for Purchase Agreement between City of Eden Prairie and Orin and Patricia Hooverson -10- BUYER Patricia Hooverson Signature Page for Purchase Agreement between City of Eden Prairie and Orin and Patricia Hooverson -11- EXHIBIT A LEGAL DESCRIPTION OF PROPERTY OF WIIlCH A PORTION 1S TO BE CONVEYED Commencing at a point on the East line of Tr.•act F, Registered Land Survey No. 0751, a distance of 215 feet north From the Southeast corner thereof, thence west parallel with the South line thereof a distance of 50 feet, thence north parallel with the East line thereof a distance of 156.25 feet, thence west parallel with the South line thereof a distance of 168.50 feet thereof, thence south parallel with the East line thereof to the South line of Tract F, thence along the South line thereof a distance of 387 feet, thence north parallel with the East line thereof a distance of 410.05 feet, thence parallel with the South line thereof 100 feet, thence north parallel with the East line thereof to the North line of said Tract F, thence easterly along said North line to a point a distance of 3 85.50 feet west from the East Line thereof, thence south parallel with the East line thereof to a point a distance of 410.05 feet north from the South line of Tract F, thence parallel with the South line thereof a distance of 167 feet,thence parallel with the East line thereof to a point a distance of 629.75 feet north from the South line thereof, thence east parallel with the South line thereof a distance of 168.50 feet,thence north parallel with the East line thereof to the North line thereof, thence easterly to the Northeast corner thereof, thence south to the beginning, excepting road right-of-way. -12- EXHIBIT B DEPICTION OF PROPERTY ... . _: T -•+fir�,- • SLINNBRQ RC] } • „.4.:7 , o.t,.. •r. i 5 - Y -• am • 4 '� +• - r CO L. i t i , _• t. ' _ Y - �" ---� ._. . '11: ..-- k I 1 yR�' • 'may - a ' 1 _''-- • - �_' oaf `~•* - •r - ' ' 'v;�' - �.::'•_ � _ �Ri ,ems --, "" k - ,.,.,•+` � _ti_+-.•_- `` 100 -1aU ; i 'ems- r6 -13- t? I1BI I'] C CITY OF EDEN PRAIRIE DEPOSIT AGREEMENT THIS AGREEMENT is made and entered into on the 9th day of October, 2012, by Orin M. Hooverson and Patricia Hooverson ("Applicant") for the benefit of the City of Eden Prairie, a Minnesota Municipal corporation ("City"). WHEREAS, Applicant will apply to City for the following approval(s) or action(s) a. Plat (the "Requested Approval"); and, WHEREAS, in conjunction with City's review of the Requested Approval, City may incur costs, including engineering consulting costs, and City requires a guaranty that such costs will be paid by Applicant: and WHEREAS, Applicant acknowledges the receipt of a benefit from City's review of the Requested Approval and from City's Review Costs; NOW, THEREFORE, Applicant agrees as follows for the benefit of the City: 1, Deposit. Applicant has made the following deposits required for the Requested Approvals, consistent with Resolution 93-6 (all such deposits hereafter collectively referred to as the "Deposit Funds"): Requested Approval Amount a. Plat Approval a. $5,200.00 -14- 2. Use of Deposit Funds. City may, at any time. draw upon the Deposit Funds to pay engineering consultant costs for the Requested Approvals, 3. Conditions of Deposit. The following conditions shall apply to the Deposit Funds: a. Payment shall be made to City for engineering services related to soil boring, geotechnical recommendations, preliminary utility layout and construction cost estimate. b. City shall not be responsible for paying any interest on the Deposit Funds. c. No Requested Approval will be acted upon or processed by any City personnel until all Deposit Funds have been paid in full, 4. Positive Balances in Account. In the event there is a positive balance in the deposit account and there is (a) completion of the development process, either in the form of final approval or final denial of the Requested Approvals, or(b) an application is withdrawn, in writing, by Applicant, then the balance shall be paid to Applicant within ninety (90) days of receipt by City of a written request by Applicant for payment. 5. Accounting_ Upon Request by Applicant, City will provide an accounting of all expenses charged against the account, but in no event more often than once every 30 days. An accounting will be provided when City notifies Applicant of a requirement for additional deposits and when the account is closed. 6. Application Fees. Applicant understands and agrees that the Deposit Funds are in addition to, and not in lieu of, the purchase price of the property. 7, Breach. In the event of breach of any terms of this Agreement by Applicant, City may, at its option, cease processing any Requested Approval. -15- 8. Validity. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Agreement. 9. Amendments. No amendment or change of any kind to this Agreement shall be valid unless made in writing and with the consent of the City. 10 Binding Agreement. Applicant recognizes and agrees that all terms and conditions of this Agreement shall be binding upon the heirs, successors, administrators, and assigns of Applicant. -16- IN WITNESS WHEREOF, the Applicant has caused these presents to be executed as of the day and year aforesaid. APPLICANT • 77'" Orin M. Hooverson STATE OF MINNESOTA } )ss. COUNTY OF The foregoing instrument was acknowledged before me this I day of ( 2012, by Orin M, Hooverson, Notary Public • All< CATHERINE MAE LAFRENIERE 1` _° NOTARY PUBLIC-MINNESOTA �p MY COMMISSION EXPIRES 01131116'. Signature Page for Deposit Agreement between City of Eden Prairie and Orin M. Hooverson and Patricia Hooverson IN WITNESS WHEREOF, the Applicant has caused these presents to be executed as of the day and year aforesaid. APPLICANT 7/i„,r7z, atricia Hooverson STATE OF MINNESOT-A ) )ss. COUNTY OF " zo. e ) The foregoing instrument was acknowledged before me this ` day of C]c.10 . 2012, by Patricia Hooverson. Notary Public Signature Page for Deposit Agreement between City of Eden Prairie and Orin M. Hooverson and Patricia Hooverson CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2012- RESOLUTION APPROVING THE SALE OF PROPERTY WHEREAS, the City is authorized pursuant to Minn. Stat. § 412.211 to hold, manage, control, sell, convey, lease, or otherwise dispose of such land as its interests require; and WHEREAS,the City is further empowered by law to sell property that is no longer needed by the municipality for governmental purposes; and WHEREAS,the City is the owner of that certain parcel of land approximately 9,420 square feet, which is a portion of that parcel legally described on Exhibit A and which is depicted on Exhibit B attached hereto (hereinafter the "Property") WHEREAS,the Property is not needed by the City for governmental purposes; WHEREAS,the City advertized for competitive seal bids for the sale of the Property; and WHEREAS, Orin and Patricia Hooverson submitted the only bid and agreed to pay to the City the sum of$13,001.00 for the following Property. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that the sale of the Property is hereby approved and authorized. The Mayor and City Manager are hereby authorized to execute any and all such documents, including a deed, as are necessary to convey the Property to Orin and Patricia Hooverson. ADOPTED by the City Council of the City of Eden Prairie this 16th day of October, 2012. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A LEGAL DESCRIPTION OF PROPERTY OF WHICH A PORTION IS TO BE CONVEYED Commencing at a point on the East line of Tract F, Registered Land Survey No. 0751, a distance of 215 feet north from the Southeast corner thereof, thence west parallel with the South line thereof a distance of 50 feet, thence north parallel with the East line thereof a distance of 156.25 feet, thence west parallel with the South line thereof a distance of 168.50 feet thereof, thence south parallel with the East line thereof to the South line of Tract F, thence along the South line thereof a distance of 387 feet, thence north parallel with the East line thereof a distance of 410.05 feet, thence parallel with the South line thereof 100 feet, thence north parallel with the East line thereof to the North line of said Tract F, thence easterly along said North line to a point a distance of 385.50 feet west from the East line thereof, thence south parallel with the East line thereof to a point a distance of 410.05 feet north from the South line of Tract F, thence parallel with the South line thereof a distance of 167 feet, thence parallel with the East line thereof to a point a distance of 629.75 feet north from the South line thereof, thence east parallel with the South line thereof a distance of 168.50 feet, thence north parallel with the East line thereof to the North line thereof, thence easterly to the Northeast corner thereof, thence south to the beginning, excepting road right-of-way. EXHIBIT B DEPICTION OF PROPERTY OOK RO id ti - " ' iiiavr le. ,.. . . 1...r..... _,•,... ._ ••........_ . -e,.• I... . _ ...„... • _ilk 1. .,.... . 6. !It 1 1 1: i .0.'...'ixf21'>.1•'..: '4644Hsr-;---1-- "C4-47"v---- '>>; 4 ' .. gr----1_1—"b-a,k ` r 4 1'1. liiiiii - •- --• • 1..-----A. :- .1 PO _ - . " 16114-.. • x •1 i I • •- r - _- • 7 .4..._ ...• om . — 3••- •1' •.- - ... ._.. .. - -,. _4,-.... - _ - t - -„---.,,.. �� T - •_________. - 1 . . IE. --.1. _,-. 4-,--:-.?"..- L- _ .... _ . 4 1-00, • .. • - ---±30'— 7-7t -- , • '"•--6 '-f-V r' -"A k , ., . _ p.,T- iit. „Li., 4.,..._ ..... ...._ . •Z.. t - to T __ ilir i ! —ram-.f y r � � U{�NYB � K R� S • _ ,- 1 , 1 ILA ------ ., Y `' . .. ';._••.k....2-c:: 11,,,N.i -:-•.1 igkiti1/41... i . = r _ . - + �- . . . , , ,111:4 . ..,-,1 ',. -.1 .1 --.-- - u) • --..k. - • ri7. �1 • 7,• y itr I+� ii a y ti • 4 it- , .- ...., i". Li , W '-- -- :."(1..._' itillytIM:.:.1'. .. 1 , r,..'; . -. 2 ...-7z t ., :r • . , 4......__ .. _ ,..... oi- --. . .. . ,.. 0 .. .. - :41. .1( .. _ ...mt.,. ,,„..."..., ,,_._ . . .. . , , r.4 i , it_ • - -• n„ .IL. IIIN, . , • .lik7*-E:rj: • -- 100'-- �t30' ' .- -'' • ' 's �a c- rs - 12151 SUNN i BROOK RCS. N LEGEND I. I EXISTING PROPERTY 0 50' 100' C ] SURPLUS PROPERTY .i_`- `!Iini=1 CITY COUNCIL AGENDA DATE: SECTION: Report of Public Works Director October 16, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 01-5537 ITEM NO.: XIV.E.2. Robert Ellis/Public Works Receive Feasibility Report and Set Public Hearing for Eden Prairie Road Improvements Requested Action Move to: Adopt Resolution to Receive Feasibility Report and Set a Public Hearing date for Eden Prairie Road Improvements south of Riley Creek. Synopsis With the recent development of the Ridge at Riley Creek, the Meadows at Riley Creek, and Eden Prairie Woods, as well as the secondary access afforded by the extension of Prospect Road, there has been renewed interest in seeing Eden Prairie Road reconstructed from Riley Creek to the south. This interest will only intensify due to the development potential of the remaining oversized and undeveloped lots in this section of the city. In order to deliver safe transportation options, as well as adequate water, sewer and drainage service for the this area, Eden Prairie Road must be reconstructed. In preparation for this task, the City prepared a feasibility report to determine the cost of these improvements and their benefactors. Over the course of the next few weeks, staff will be meeting with area property owners to review the feasibility report. On November 20, 2012, we intend to hold a public hearing to allow for public comment on the Feasibility Study, and request the City Council to order the improvements. Pending City Council authorization, we anticipate construction to begin in the summer of 2013. Background Information The City Council authorized a feasibility report of street and utility improvements for Eden Prairie Road improvements on October 16, 2001. This project remained in flux for years with minimal support from area residents. As recently as January, 2008 a neighborhood meeting was held to discuss the interest and timing of this project. At that time, the general consensus was to delay the project until demand for developable land was higher and Prospect Road was completed. Both of these issues have been addressed so the timing of this project seems appropriate. Because the City Council authorized the preparation of the feasibility report without a valid petition, all approvals associated with this project will require a 4/5 majority vote. Attachments • Feasibility Report • Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012- RESOLUTION RECEIVING FEASIBILITY REPORT AND SETTING PUBLIC HEARING I.C. 01-5537 WHEREAS, pursuant to a resolution of the council adopted October 16, 2001 ordering a report, a report has been prepared by the City Engineer and received by the City Council on October 16, 2012,recommending the following improvements to wit: I.C. 01-5537 Eden Prairie Road Street and Utility Improvements South of Riley Creek WHEREAS,the report provides information regarding whether the proposed improvements are feasible, cost-effective, and necessary; whether it should best be made as proposed or in connection with another improvement; the estimated cost of the improvements as recommended; and a description of the methodology used to calculate assessments for affected parcels. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: 1. The council will consider the aforesaid improvements in accordance with the report and the assessment of property abutting or within said boundaries for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429, at an estimated total cost of the improvements of$4,551,800. 2. A public hearing shall be held on such proposed improvements on the 20th day of November, 2012 in the council chambers at 7:00 p.m. at the Eden Prairie City Hall, 8080 Mitchell Road. The City Clerk shall give mailed and published notice of such hearing on the improvements as required by law. ADOPTED by the Eden Prairie City Council on October 16, 2012. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY OF EDEN PRAIRIE EDEN PRAIRIE ROAD SOUTH OF RILEY CREEK FEASIBILITY REPORT Street and Utility Improvements Improvement Contract No. 01-5537 Prepared by: Assisted by: City of Eden Prairie SEH Inc. Public Works Department 10901 Red Circle Drive Engineering Division Suite 200 8080 Mitchell Road Minnetonka,MN 55343 Eden Prairie,MN 55344-4485 TABLE OF CONTENTS REPORT COVER TABLE OF CONTENTS CERTIFICATION REPORT CONTENT I. INTRODUCTION II. STREET IMPROVEMENTS III. STORM DRAINAGE IMPROVEMENTS IV. SANITARY SEWER AND WATERMAIN IMPROVEMENTS V. PROJECT COST SUMMARY VI. CONCLUSIONS AND RECOMMENDATIONS PUBLIC HEARING NOTICE PROJECT SCHEDULE TABLE NO. 1 -ESTIMATED COSTS PRELIMINARY ASSESSMENT ROLL PROJECT ASSESSMENT AREA MAPS Figure No. 1 STREET IMPROVEMENTS Figure No. 2 STORM DRAINAGE IMPROVEMENTS Figure No. 3 SANITARY SEWER AND WATERMAIN IMPROVEMENTS Page 2 CERTIFICATION [ hereby certify that this report was prepared by me or under my direct supervision and that I am a duly registered Professional Engineer under the laws of the State of Minnesota. Rodney W Rue Reg.No. 16695 OADixv Joa Date I. INTRODUCTION This report presents the results of a preliminary engineering study for street and utility improvements on the segment of Eden Prairie Road from approximately Riley Creek southerly to a location approximately 150 feet south of the Eden Prairie Woods development site (south property line of Parcel#22). For purposes of this report, Eden Prairie Road is split into three (3) sections. The northerly section is from approximately Riley Creek to about 250 feet north of Prospect Road(north property line of Parcel#5). The central section is from about 250 feet north of Prospect Road (north property line of Parcel #5) to about 150 feet south of the Eden Prairie Woods development (south property line of Parcel #22). The southerly section is from about 150 feet south of the Eden Prairie Woods development (south property line of Parcel #22) to CSAH 61 (Flying Cloud Drive). The improvements described in this report only deal with the central and northerly sections. Any improvements on the southerly section will be delayed until adjacent development occurs or a petition for improvements is received. The improvements described in this report will provide development opportunities for the un-developed parcels in the area and provide improved street access to the entire area. The Improvement Area is within Section 29, Township 116, Range 22 and generally bounded by Riley Creek and the Metropolitan Urban Service Area (MUSA line) near the bluff adjacent to CSAH 61 (Flying Cloud Drive) as shown on Figure Nos. 1-3. With the number of large parcels in the neighborhood and the recent development activities, this area is a focus for new residential development. The improvements discussed in this report will provide a foundation of transportation and utility infrastructure needed to accommodate further development of this residential area. The Eden Prairie City Council ordered the preparation of this feasibility study for the Eden Prairie Road area, south of Riley Creek on October 16, 2001. This council action was approved without a petition so therefore, any future council action related to this project will require a 4/5ths approval of the City Council. This proposed project has lingered for years with little or no support from the neighboring residents. Most recently on January 10, 2008 a neighborhood meeting was held to discuss the interest and timing in pursuing this project. At that meeting the following issues and concerns were raised by the majority of attendees: • Desired to defer construction, as well as assessments, until the demand for developable land returned to the market. • Need for Prospect Road improvements to occur before Eden Prairie Road improvements in order to assist with managing traffic during construction. • Did not want Eden Prairie Road improved until its connection to CSAH 61 (Flying Cloud Drive) can be terminated which requires the completion of Prospect Road for a secondary access. • Questioned the need for trail and sidewalk improvements along the corridor. • Requested an evaluation of potential benefitting units for each parcel. • Supported city's early design efforts to determine impacts to adjoining properties. Subsequent to this meeting and the housing market's dramatic downturn, we contracted with SEH, Inc. to provide detailed preliminary engineering design and recommendations related to adjacent property impacts, coordination with Prospect Road construction, and planning for utility and other infrastructure improvements. We also reviewed residential densities and infrastructure needs relative to recent residential developments in the area. Page 4 The area to be served by these proposed street and utility improvements is guided residential with several development approvals occurring in the past few years. Some of the site development approvals have proceeded to construction while others have not been constructed at this time. Some of the key factors or development approvals that have influenced this report include: • In September 1997, this area was approved by the Metropolitan Council to be added to the City's Municipal Utility Service Area(MUSA). • In July, 2003, the Pemtom Land Company received Planned Unit Concept Review on a five-acre parcel in the southwest corner of Eden Prairie Road and Beverly Drive for 9 residential lots approved as William Small Property. • In May, 2005, EPIC Development IV received approval for 39 residential lots on 42 acres located west of this segment of Eden Prairie Road. This subdivision was platted as The Ridge at Riley Creek and residential construction has been occurring since its approval. • In May 2012, Toll MN received approval for 52 lots on 71 acres on the site formerly known as Hennepin Village-Site B along the east side of Eden Prairie Road. The subdivision was platted as Eden Prairie Woods and is currently under construction. This project included the Prospect Road extension/connection between Eden Prairie Road and Spring Road. It is anticipated that this roadway will be completed and open to traffic by November 2012. • In August 2012, Meadows Land received approval for 23 lots on 10 acres located east of The Ridge at Riley Creek. The subdivision was platted as The Meadows at Riley Creek and is currently under construction. • Other minor subdivisions or lot splits have occurred in the area and are accounted for in the Preliminary Assessment Roll. • In December 2010, the City of Eden Prairie and MAC entered into a Memorandum of Understanding regarding certain development projects on MAC properties. As part of that agreement, MAC agreed to pay a fair share of the Eden Prairie Road improvements. Based on that agreement, we have determined an estimated assessment for MAC parcels adjacent to Eden Prairie Road. Since we cannot directly assess MAC properties, it is proposed that the city will carry the assessment costs for MAC until development occurs on their property or until further agreements regarding these assessments are executed between MAC and the City of Eden Prairie. All properties deriving benefit from the proposed improvements discussed in this report will receive benefit in proportion to their potential for residential development or anticipated benefit from certain public infrastructure components. For several parcels, the unit benefit has been identified through specific development proposals or approvals. For other properties, development potential is estimated based on area, topography, and general configuration or location. We have estimated the net buildable acreage for each existing un-developed parcel and have used a density of 2.0 units per net buildable acre to determine potential residential units. In addition, front foot dimensions of parcels along Eden Prairie Road have been estimated to be used for adjacent street benefit. For the Improvement Area, we estimate a total of 330 residential units. A combination of unit assessments and/or front footage assessments will be utilized to determine the benefits to each parcel. Later in this report, the proposed assessment rates will be described for each benefitting component of the proposed improvements. The potential net acreage, units, front footage, estimated assessment, etc. is shown on the attached Preliminary Assessment Roll. Page 5 II. STREET IMPROVEMENTS The street segment proposed for improvement is shown on Figure No. 1. The current street has a narrow deteriorating bituminous surface and no storm sewer or pedestrian facilities. Because of its poor structural condition, this segment is weight restricted to six tons per axle year-round. An improved street with adequate structure, storm drainage and pedestrian facilities is needed to support the residential development that will occur in this area. This segment of Eden Prairie Road is classified as a minor collector. The recommended street section is two lanes, 32-feet in width with B-618 curb and gutter. An 8-foot bituminous trail is proposed along the west side, extending the full length of the project and connecting to the existing trail north of Riley Creek. A five-foot concrete sidewalk is proposed along the east side extending from Frederick Place within the Eden Prairie Woods development north to the proposed intersection of Eden Prairie Road and Prospect Road. A new box culvert at Riley Creek will be constructed with adequate length to accommodate the street, boulevard and pedestrian facilities on Eden Prairie Road. The proposed street assessments for the adjacent properties along Eden Prairie Road will be based on the cost of an equivalent 28-foot residential street with an eight-foot bituminous trail along the west side of the road. The five-foot concrete sidewalk included along the east side of the road adjacent to the Eden Prairie Woods development is a requirement of their development agreement. It will be constructed with this project and the costs will be assessed entirely to the Eden Prairie Woods development. The total estimated assessment cost for all the street improvements is $3,615,500 as shown in Table No. 1. The street assessment cost is proposed to be assessed with three (3) street assessment rates based on benefit as described below. The central and north sections of Eden Prairie Road will be assessed separately to adjacent property owners on a front foot basis. The 600 feet of the north section associated with the creek crossing and the extra width of the entire corridor will be assessed to all benefitting properties within the Improvement Area. Below is a detailed description of the three(3) street assessment rates: • The 28-foot equivalent street cost for the center section from approximately 250 feet north of Prospect Road (north property line of Parcel #5) to about 150 feet south of Eden Prairie Woods development (south property line of Parcel #22) (engineering station 266+25 to 288+50 equals 2,225 feet) is estimated at $1,167,300 with about 4,394 feet of adjacent property frontage. Eden Prairie Woods development is entirely responsible for the adjacent sidewalk cost on the east side of the road which is estimated at $97,200. The net cost of $1,070,100 is proposed to be assessed against the adjacent parcels on a front foot basis equal to an assessment rate $243.54 per front foot. • The 28-foot equivalent street cost for half the length (600 feet of the 1200 feet) of the north section from approximately engineering station 288+50 to 300+50 (1200 feet) is estimated at $424,000 which provides benefit to the adjacent property frontage (1200 front footage). This cost is proposed to be assessed against the adjacent parcels (MAC and Outlot A, Eden Prairie Woods) on a front foot basis equal to an assessment rate of$353.32 per front foot. This section of roadway is more expensive primarily due to the extra grading costs and poor soil conditions. • The 32-foot street cost for the remaining half of the north section (the 600 feet of roadway near the creek crossing), plus the cost for the creek crossing, plus the extra four (4) feet of street width for both the central section and the other 600 feet of the north section described above is estimated at Page 6 $2,024,200. This section of roadway over the creek and the extra width of the entire roadway will benefit the entire Improvement Area. This cost is therefore proposed to be assessed against all benefitting units (330 units)within the Improvement Area at an assessment rate of$6,134 per unit. The proposed assessments for the street improvements for each parcel is shown on the Preliminary Assessment Roll and in Figure No. 1. The Metropolitan Airports Commission (MAC) entered into a Memorandum of Understanding with the City of Eden Prairie regarding certain development projects on MAC properties. As part of that agreement, MAC agreed to pay a fair share of the Eden Prairie Road improvements. Based on that agreement,we have determined an estimated assessment for street and storm drainage improvements of $573,374 for MAC parcels adjacent to Eden Prairie Road. Since we cannot directly levy assessments against MAC properties, it is proposed that the city will carry these assessment costs until development occurs on their property or until further agreements regarding the payment of these assessments are executed between MAC and the City of Eden Prairie. The south section of Eden Prairie Road (south of Parcel#22) is not proposed for any improvements at this time. This section of roadway is characterized by a sharp curve and steep grades leading south to the intersection with CSAH 61 (Flying Cloud Drive). This section of roadway provides access to about nine properties with limited development potential. We recommend delaying any improvements on the south section of Eden Prairie Road until adjacent development occurs or a petition for improvements is received. Alternatives for improving the south section may include horizontal and vertical curve improvements for sight distance and design speed,widening, safety improvements, and modifying or eliminating the access to CSAH 61 (Flying Cloud Drive). Each alternative will have unique and potentially excessive (full parcel acquisitions) right-of-way needs that are best coordinated with development of abutting properties or requested improvements. When street improvements are considered and evaluated, utility improvements would be recommended at that time. III. STORM DRAINAGE IMPROVEMENTS The proposed drainage improvements are shown on Figure No. 2. The storm drainage system will be incorporated within the right-of-way and the project limits of Eden Prairie Road, with hydraulic capacity to convey the peak runoff from a 10-year frequency storm from the street right-of-way and adjacent drainage watershed at their current level of development. Most properties will require future on-site treatment and infiltration requirements at the time of development with the exception of certain properties adjacent to Eden Prairie Road where the fully developed treatment and infiltration requirements will be provided with this project. These properties are identified with a footnote in the Preliminary Assessment Roll. Treatment requirements of the stormwater will be provided by a stormwater pond or structural treatment unit prior to discharge into Riley Creek. The preferred pond location is shown on Figure No. 2, which is currently MAC property. An under-ground drainage system will be utilized in the pond to meet FAA requirements for stormwater ponds. If the pond location cannot be accommodated on the Metropolitan Airports Commission(MAC)property, a structural solution will likely be necessary. The total estimated storm drainage assessment cost is $512,800 as shown in Table No. 1. The cost is proposed to be assessed against those contributing properties within the drainage watershed. Based on the existing and potential units for the parcels within the watershed boundary, it is estimated that 136 units will contribute drainage to the storm sewer and treatment system within Eden Prairie Road. This results in an estimated assessment rate of$3,771 per unit. The identified parcels with a storm drainage assessment are Page 7 shown in the Preliminary Assessment Roll and in Figure No. 2. IV. SANITARY SEWER AND WATERMAIN IMPROVEMENTS The proposed sanitary sewer and watermain improvements are shown on Figure No. 3. The proposed sanitary sewer and watermain improvements include additional piping and appurtenances along Eden Prairie Road to provide adequate sewer and water service, as well as fire protection for the area and will be assessed as an area-wide assessment to all benefitting units. This area-wide assessment will be waived for The Ridge at Riley Creek and Eden Prairie Woods developments, as well as MAC property since these properties either provided benefitting city utility extensions at their cost or participated in the costs for previous utility extensions. Further analysis during the design phase of Eden Prairie Road will be needed to determine if some of the proposed utility improvements along Eden Prairie Road can be modified, reduced, or eliminated based on anticipated development scenarios. In addition, depending upon how some of the adjacent parcels develop (alone or in combination with other parcels) there may not be a need for some of the sanitary sewer extensions and proposed services which provide lateral benefit (individual sewer and water services). It is estimated that ten (10) individual sewer and water services will be provided along the corridor to serve the adjacent properties. This lateral benefit cost is estimated at $41,600 and is not included in the area-wide sanitary sewer and watermain costs. This cost would not be assessed if individual services are not provided to these parcels. The total estimated cost of the sanitary sewer and watermain improvements is $423,500 as shown on Table No. 1. The total cost includes the lateral benefit cost of$41,600, so therefore, the net area-wide assessment cost is $381,900. This cost is proposed to be assessed to all benefitting units with the exception of the properties noted above. Based on the estimated 211 benefitting units, the area-wide sanitary sewer and watermain assessment rate is $1,810 per unit. For those parcels adjacent to Eden Prairie Road that will need or request individual sewer and water services to existing or potential units, the estimated lateral assessment rate is $4,160 per unit. If individual services are not provided with this project, this lateral assessment will not apply to the identified parcels. Both the area-wide and lateral (service) sanitary sewer and watermain assessment for each parcel is shown on the Preliminary Assessment Roll and Figure No. 3. V. PROJECT COST SUMMARY Table No. 1 summarizes the estimated cost for the various components of the project. These costs are based upon anticipated construction costs assuming adequate subsurface soil conditions, as well as a 10% contingency, estimated engineering and testing costs, 9% administration fee, and interim financing costs. Any easement costs, if incurred,will be added to project costs and assessed to all benefitting units. Any homesteaded properties that are generally un-developed will be granted a deferment of all assessments except an equivalent single unit of assessment until the property develops based on the City's Special Assessment Policy. Furthermore, homesteaded properties may be subject to other assessment policy benefits such as the exclusion policy (having a functional on-site sewer and water system) or assessment limits. In addition to the assessments proposed in this report, each benefitted property is subject to trunk utility assessments. Based on the City's Special Assessment Policy, it is proposed to levy trunk assessments in Page 8 the year subdivision/development approvals are granted to a property or the determination of lateral benefit. Homesteaded parcels will be subject to a trunk utility (sewer and water) assessment of $520 with the balance of the acreage subject to the acreage rate (2012 rate = $6,885.00 per acre) at the time of development. This report proposes to apportion project costs to identified benefitting properties on a unit and/or front foot basis. Potential units have been estimated for each of the benefitting properties that are currently un- developed. Units may be adjusted for properties that receive approval of specific development plans prior to final assessment of the project costs. VI. CONCLUSIONS AND RECOMMENDATIONS Based on this study, Improvement Contract No. 01-5537 is feasible, cost effective, necessary, and the resulting benefit will equal or exceed the proposed assessments to the abutting and benefitting properties. It is therefore recommended that the Eden Prairie City Council proceed with the project on a schedule similar to the one suggested in this report. Page 9 CITY OF EDEN PRAIRIE NOTICE OF HEARING ON PROPOSED PUBLIC WORKS IMPROVEMENTS I.C. 01-5537 TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that the Eden Prairie City Council will meet at the City Center, 8080 Mitchell Road, at 7:00 p.m. on November 20, 2012 to consider the making of the following described improvements: I.C. 01-5537 — Street, Storm Drainage, Sanitary Sewer and Watermain improvements on Eden Prairie Road south of Riley Creek. The project includes grading, paving, creek crossing, curb and gutter, sanitary sewer, watermain, storm sewer, sidewalk and trail. The area proposed to be assessed lies in Section 29, Township 116, Range 22. The total estimated project cost is $4,551,800. Pursuant to Minnesota State Laws, Section 429.011 to 429.111, the area proposed to be assessed for such improvements is all that property within or abutting on the above described limits. Written or oral comments relating to the proposed improvements will be received at this meeting. By Order of the City Council Kathleen Porta, City Clerk City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Publish: Eden Prairie News November 1 and November 8, 2012 Page 10 PROJECT SCHEDULE (I.C. 01-5537) October 16, 2012 Receive Feasibility Report to City Council October 25, 2012 Deliver Notice of Public Hearing to Eden Prairie News Newspaper Publish November 1 and November 8, 2012 October 25, 2012 Mail Notice of Public Hearing to Public November 20, 2012 Hold Public Hearing, Order Improvements and Preparation of Plans and Specifications March 5, 2013 Approve Plans and Specifications and Order Advertisement of Bids Advertise for Bids in Eden Prairie News Newspaper on March 14 and Construction Bulletin(or other appropriate publication)on March 18 and 25, 2013 April 4, 2013 Open Bids April 16,2013 Award Contract November 2013 Substantial Completion July 2014 Final Completion October 2014 Final Assessment Hearing Spring 2015 Assessments First Appear on Tax Statements Page 11 TABLE NO. 1 ESTIMATED COSTS EDEN PRAIRIE IMPROVEMENT CONTRACT NO. 01-5537 EDEN PRAIRIE ROAD STREET and UTILITIES Storm Sewer and Street Drainage Water Total Construction $2,601,000 $368,900 $304,700 $3,274,600 Engineering $650,300 $92,200 $76,200 $818,700 Administration (9%) $234,100 $33,200 $27,400 $294,700 Capital Interest $130,100 $18,500 $15,200 $163,800 TOTAL ASSESSABLE COSTS $3,615,500 $512,800 $423,500* $4,551,800 *Includes$41,600 lateral sanitary sewer and watermain assessment to selected parcels Page 12 o0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 S 8 0 0 0 m A AA A AA AMA AAA AAA AA A A A A °' & S i,i 0 0 0 0 0 0 0 0 0 0 8 8 8 8 8 8 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8 8 w'o A A AA AAA A A A A AA A A AAA RAAA A A. 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