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City Council - 12/04/2012
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,DECEMBER 4, 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 CENTER Open Podium - Council Chamber II. OPEN PODIUM III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,DECEMBER 4, 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. HENNEPIN COUNTY COMMISSIONER JAN CALLISON V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. SPECIAL COUNCIL MEETING HELD TUESDAY,NOVEMBER 13, 2012 B. COUNCIL WORKSHOP HELD TUESDAY, NOVEMBER 20, 2012 C. CITY COUNCIL MEETING HELD TUESDAY,NOVEMBER 20, 2012 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. MITCHELL CROSSING APARTMENTS 2012 by Eden Prairie Development. Second Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Change from Community Commercial to RM- 2.5 Zoning District on 3.098 and Site Plan Review on 3.098 acres. Location: Mitchell Road& Cochrane Lane. (Ordinance for PUD District Review with waivers and Zoning District Change; Resolution for Site Plan Review) C. ADOPT RESOLUTION APPROVING FINAL PLAT OF FIVE MITCHELL CROSSING D. AWARD CONTRACT FOR STABILIZATION OF A SECTION OF PURGATORY CREEK TO CARL BOLANDER& SONS CITY COUNCIL AGENDA December 4, 2012 Page 2 E. APPROVE ADDITIONAL FINAL DESIGN SERVICES BUDGET WITH SRF CONSULTING GROUP FOR THE NORTHERN SEGMENT OF THE SHADY OAK ROAD IMPROVEMENTS F. AWARD CONTRACT FOR 5-YEAR CHLORINE SCRUBBER MAINTENANCE TO SEIMENS, INC. G. APPROVE LETTER OF CREDIT AS COLLATERAL FOR THE CITY'S PAYROLL ACCOUNT H. APPROVE PLANS AND AUTHORIZE BIDS FOR REPAIR OF MINNESOTA RIVER FLOODPLAIN POND SOUTH OF RIVERVIEW ROAD IX. PUBLIC HEARINGS/MEETINGS A. 2013 BUDGET B. RESOLUTION APPROVING AMENDMENT OF THE TAX INCREMENT FINANCING PLAN AND PROJECT MANAGEMENT AGREEMENT TAX INCREMENT FINANCING DISTRICT NO. 12 C. 1ST READING OF ORDINANCE UPDATING THE FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS D. RESOLUTION UPDATING THE FEE SCHEDULE FOR CITY SERVICES E. RILEY VIEWS by Hunter Emerson, LLC. Request for: Planned Unit Development Concept Review on 13.4 acres, Planned Unit Development District Review with waivers on 13.4 acres, Zoning District Change from Rural to R1-9.5 on 13.4 acres, Preliminary Plat of 13.4 acres into 28 lots, 2 outlots and road right of way. Location: 9400 Lake Riley Road; 18600 & 18700 Pioneer Trail. (Resolution for PUD Concept Review; Resolution for Preliminary Plat) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. APPROVE 2ND READING OF AN ORDINANCE UPDATING THE FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS AND ADOPT RESOLUTION APPROVING SUMMARY PUBLICATION XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS CITY COUNCIL AGENDA December 4, 2012 Page 3 B. REPORT OF CITY MANAGER 1. Resolution Certifying the 2013 Property Tax Levy,Adopting the 2013 Budget, and Consenting and Approving the 2013 HRA Tax Levy 2. Resolution Approving 2013 To 2022 Capital Improvement Plan C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT AGENDA CITY OF EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY,DECEMBER 4, 2012 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Nancy Tyra- Lukens, Council Members Brad Aho, Ron Case, Sherry Butcher Wickstrom, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow, Finance Director Sue Kotchevar and Recorder Jan Curielli I. ROLL CALL/CALL THE HRA MEETING TO ORDER II. APPROVE MINUTES OF HRA MEETING HELD ON SEPTEMBER 4, 2012 III. ADOPT RESOLUTION CERTIFYING THE 2013 HRA PROPERTY TAX LEVY TO BE $200,000 AND APPROVING THE 2013 HRA BUDGET OF $200,000 IV. ADOPT RESOLUTION AMENDING THE TAX INCREMENT FINANCING PLAN AND PROJECT MANAGEMENT AGREEMENT FOR TAX INCREMENT FINANCING DISTRICT NO. 12 V. ADJOURNMENT HRA ITEM NO.: II. UNAPPROVED MINUTES HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY, SEPTEMBER 4, 2012 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Nancy Tyra- Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Ron Case, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Rick Rosow and Council Recorder Jan Curielli I. ROLL CALL/CALL THE HRA MEETING TO ORDER Chair Tyra-Lukens called the meeting to order at 7:02 PM in shared session with the City Council. All members were present. II. ADOPT RESOLUTION HRA 2012-03 TO APPROVE THE PROPOSED 2013 HRA PROPERTY TAX LEVY TO BE $200,000 AND ACCEPT THE PROPOSED 2013 HRA BUDGET OF $200,000 Getschow said there are two actions tonight related to the budget for the City and the HRA. The first is to set the preliminary levy for the HRA budget. The final levy will be set at the end of the year. He noted the levy amount could only be reduced from this point forward. The HRA levy funds are dedicated to just a few priorities. While the City could levy a maximum of$1,600,000, the proposed HRA levy and budget tonight is $200,000. The levy has been at the same amount for several years. MOTION: Nelson moved, seconded by Butcher Wickstrom, to adopt Resolution HRA 2012-03 to approve the proposed 2013 property tax levy to be $200,000 and to accept the proposed 2013 budget of$200,000. Motion carried 5-0. III. ADJOURNMENT MOTION: Butcher Wickstrom moved, seconded by Aho, to adjourn the HRA. Motion carried 5-0. Chair Tyra-Lukens adjourned the HRA meeting at 7:04 PM. HOUSING AND REDEVELOPMENT DATE: AUTHORITY AGENDA December 4, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: HRA ITEM NO.: III. Sue Kotchevar, Office of the Resolution Approving the 2013 HRA City Manager/Finance Property Tax Levy and Accepting the 2013 HRA Budget Requested Action Move to: Adopt resolution certifying the 2013 Property Tax levy to be $200,000 and approving the 2013 Budget of$200,000 as reviewed by the Council. Synopsis On September 4, 2012, the HRA approved the proposed 2013 HRA property tax levy and budget. Also on September 4, 2012, the Eden Prairie City Council adopted resolutions consenting and approving the proposed 2013 HRA property tax levy. Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. This resolution gives the consent needed for the HRA. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA HOUSING AND REDEVELOPMENT AUTHORITY H.R.A. RESOLUTION NO. 2012- A RESOLUTION APPROVING THE HRA 2013 PROPERTY TAX LEVY AND ACCEPTING A PROPOSED BUDGET FOR GENERAL OPERATIONS WHEREAS,the Housing and Redevelopment Authority of the City of Eden Prairie has reviewed the proposed 2013 budget and tax levy; and WHEREAS, the Housing and Redevelopment Authority has decided to accept these recommendations. NOW, THEREFORE, BE IT RESOLVED that the Housing and Redevelopment Authority: 1. Approves the following proposed taxes on real and personal property within the City of Eden Prairie for the 2013 budget contingent upon City Council approval. Levy on Tax Capacity $200,000 2. Approves the 2013 proposed budget totaling $200,000 at this time. ADOPTED by the Housing and Redevelopment Authority on December 4, 2012. Nancy Tyra-Lukens, Chair ATTEST: SEAL Rick Getschow, Executive Director HRA AGENDA DATE: SECTION: HRA December 4, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: HRA ITEM NO.: IV. Janet Jeremiah, Community Resolution amending the Tax Increment Development Director Financing Plan for Tax Increment Molly Koivumaki, Manager Financing District No. 12. Housing & Comm Services Requested Action Move to: Adopt the Resolution approving amending the Tax Increment Financing Plan. Synopsis The Tax Increment Financing Plan for District 12, the Columbine Townhomes, is set to expire at the end of 2012. Subsequently, Developer sought amendment of the Tax Increment Financing Plan and Project Management Agreement to increase the estimated term and budget, to facilitate further reimbursement of eligible costs in order to continue the provision of affordable housing, and to relieve the obligation to repay TIF funds. The amended Tax Increment Financing Plan is attached to this document. The Project Management Agreement is still being reviewed and will be presented for approval when complete. The Authority finds that the continued operation of the project is not sustainable without the continued Tax Increment financing subsidy, and that the Amended Financing Plan conforms to the general plan for the development or redevelopment of the City as a whole. Attachment • HRA Resolution • Amended TIF Plan HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA H.R.A. RESOLUTION NO. 2012-05 A RESOLUTION APPROVING A MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 12 BE IT RESOLVED by the Board of Commissioners (the "Board") for the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota (the "Authority"), as follows: WHEREAS, the Authority has previously adopted a redevelopment plan (the "Project Plan") and redevelopment project under Minnesota Statutes, Sections 469.001 to 469.047, designated as Redevelopment Project Area No. 4 (the "Redevelopment Project") and a tax increment financing plan and interest rate reduction program of the Authority under Minnesota Statutes, Sections 469.174 to 469.1799, designated as Tax Increment Plan for Tax Increment Financing District No. 12 (the "Financing Plan"). The Financing Plan established Tax Increment Financing District No. 12 (the "TIF District"); and WHEREAS, it has been proposed that the Authority approve an Amendment to the Financing Plan (the "Amended Financing Plan") to increase the budget of the TIF District, and other conforming changes, all as reflected in the Amended Financing Plan and presented for the Authority's consideration; and WHEREAS, the Authority has investigated the facts relating to the Amended Financing Plan and has caused the Amended Financing Plan to be prepared; and WHEREAS, the City Council of the City of Eden Prairie, Minnesota (the "City Council"), has scheduled a public hearing on the Amended Financing Plan to be held on December 4, 2012, in accordance with Minnesota Statutes, Chapter 469 (the "Public Hearing"). NOW, THEREFORE, BE IT RESOLVED by the Board as follows: Section 1. Adoption. The Amended Financing Plan is hereby adopted based on the findings herein, subject to approval by the City Council following the Public Hearing. Section 2. Findings. The Authority hereby makes the following findings: (a) The District consists of a "project" as defined in Minnesota Statutes, Section 469.174, subdivision 8, and is a proper tax increment financing district within the meaning of Section 469.174, subdivision 9. Based on the information in the Amended Financing Plan and representations of the developer, the District consists of a project intended for occupancy, in part, by persons or families of low and moderate income, as defined in chapter 462A, Title II of the National Housing Act of 1934, the National Housing Act of 1959, the United States Housing Act of 1937, as amended, Title V of the Housing Act of 1949, as amended, or similar present or future federal, state or municipal legislation and the regulations promulgated thereunder, and that satisfies the income limitations of Minnesota Statutes, Section 469.1761. The project to be constructed in the District consists only of housing for individuals or families of low or moderate income, and no commercial or other uses are contemplated therein. Therefore, the District qualifies as a "housing district" within the meaning of Minnesota Statutes, Section 469.174, subdivision 11. (b) The proposed development, in the opinion of the Authority, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future. Therefore, the use of tax increment financing is deemed necessary. (c) The Amended Financing Plan conforms to the general plan for the development or redevelopment of the City as a whole. (d) The TIF District affords maximum opportunity, consistent with the sounds needs of the City as a whole, for the development or redevelopment of the proposed project by private enterprise. Section 3. Transmittal. The Authority does hereby transmit the Amended Financing Plan to the City Council for approval after the same have been considered by the City Council subsequent to the Public Hearing. Section 4. Filing. Following approval by the City Council, the Secretary is hereby authorized and directed to file the Amended Financing Plan with the Commissioner of Revenue and the Office of the State Auditor as required by Minnesota Statutes, Section 469.175, subdivision 4a. ADOPTED by the Eden Prairie City Council on December 4, 2012. Nancy Tyra-Lukens, Chair ATTEST: SEAL Rick Getschow, Executive Director AMENDED PROJECT MANAGEMENT AGREEMENT BY AND BETWEEN THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE AND COLUMBINE TOWNHOMES AFFORDABLE HOUSING LIMITED PARTNERSHIP THIS AMENDED PROJECT MANAGEMENT AGREEMENT (THE "AMENDMENT") IS MADE AS OF DECEMBER 4, 2012 BETWEEN THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, A PUBLIC BODY CORPORATE AND POLITIC UNDER THE LAWS OF THE STATE OF MINNESOTA (THE AGENCY), AND COLUMBINE TOWNHOMES AFFORDABLE HOUSING LIMITED PARTNERSHIP, A LIMITED PARTNERSHIP UNDER THE LAWS OF THE STATE OF MINNESOTA (THE DEVELOPER). RECITALS: WHEREAS, Agency and Developer entered into that certain agreement entitled "Project Management Agreement", made as of the 8th day of April, 1996 ("Agreement'), regarding certain land owned by Developer, legally described as set forth on Exhibit A, attached hereto and incorporated here, ("Property"), for private development in the City of Eden Prairie, Minnesota ("City"), upon which the Developer has developed a multifamily housing project ("Project"); and WHEREAS, Agency and City agreed to provide tax-increment financing to reimburse the Developer for certain qualified costs of the Project pursuant to Minnesota Statutes, Sections 469.174 to 469.179, as amended(the "Tax Increment Act"); and WHEREAS, Agency and City adopted a Tax Increment Financing Plan for Tax Increment Financing District 12 dated February 6, 1996 ("TIF Plan"); and WHEREAS, Agency and City have adopted an amendment to the TIF Plan which increases the budget and estimates a longer term of the district in order to continue the provision of affordable housing. WHEREAS, it is now the desire of the Agency and the Developer to amend the provisions of the Agreement to account for the increase in budget and estimated increase in term in order to provide additional financial assistance to the Developer for the continuation of affordable housing for the extended term of the District. NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants, conditions, and promises set forth in this Amended Agreement, the parties agree as follows: 1. Subsection 2.4 of the Agreement is amended by inserting at the end of the paragraph the following: The Agency anticipates that the TIF District will remain in existence 2 the for the maximum 25-year duration allowed by law (projected to be through the year 2022). The Agency anticipates providing additional financial assistance to the Developer in the maximum amount of$346,646 (90% of the total projected tax increment revenues for the years 2013 through 2022). 2. Section 3 of the Agreement, "Developer's Obligations," is amended by adding subsection 3.13 which reads as follows: 3.13. Minimum Market Value. a. The Developer agrees that the minimum market value of the Property and the Project for ad valorem tax purposes, shall be not less than $3,900,000 (payable 2012 market value) and shall not be reduced by any action taken by the Developer(other than a deed in lieu of, or under threat of, condemnation by the City of Eden Prairie, Hennepin County or other condemning authority), to less than the said amount, and that no reduction of the market value below said minimum market value shall be sought by the Developer or granted by any public official or court except in accordance with Minnesota Statutes, Section 469.177, subdivision 8. This minimum market value shall apply only to the Property, the Project and any other facilities situated on the Property. In the event of involuntary conversion of the Property and the Project for any reason (other than condemnation by a public entity), the minimum market value shall not be reduced to an amount less than said minimum market value. b. The Developer acknowledges and agrees that the Property and the Project are subject to ad valorem property taxation and that such property taxes constitute taxes on "real property" (as provided in Section 469.174, subdivisions 4 and 7(d) of the TIF Act) and, to the extent reflecting net tax capacity rates of taxing jurisdictions levied against the captured net tax capacity of the District, constitute tax increment. c. Nothing in this Agreement shall limit the discretion of the county assessor or the City of Eden Prairie or any other public official or body having the duty to determine the market value of the Property, the Project and other facilities on the Property for ad valorem tax purposes, to assign to the Property, the Project or to any other improvements constructed on the Property, on a nondiscriminatory basis and treated fairly and equally with all other property so classified in the respective counties, a market value in excess of the minimum market value specified in this Subsection. The Developer shall have the normal remedies available under the law to contest any assessor's estimated value in excess of said minimum market value, but only to the extent of the excess. 3. Except as specifically amended hereby, the Agreement shall continue in full force and effect. The Agreement and this Amendment shall, from and after the date hereof, be construed as one instrument. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first above written. AGENCY: THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, Chairperson Rich Getschow, Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2012,by Nancy Tyra-Lukens and Rich Getschow, the Chairperson and Executive Director, respectively, of the Housing and Economic Development Authority in and for the City of Eden Prairie, a public body corporate and politic of the State of Minnesota, on behalf of that pubic body corporate and politic. Notary Public DEVELOPER: COLUMBINE TOWNHOMES AFFORDABLE HOUSING LIMITED PARTNERSHIP By Its By Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2012, by and as and respectively of Columbine Townhomes Affordable Housing Limited Partnership, a Minnesota limited partnership, on behalf of the partnership. Notary Public EXHIBIT A Legal Description Lot One (1), Block One (1), Columbine Addition, according to the recorded plat thereof, Hennepin County, Minnesota. 18 City of Eden Prairie, Ni nnesota Housing and Redevelopment Authority in and for the City of Eden Prairie Amendment to Tax Increment Financing Plan for Tax Increment Financing (Housing) District No. 12 within Redevelopment Project Area No. 4 (Columbine Road Project) Original Dated: February 6, 1996 DRAFT Amendment Dated: November 2, 2012 Prepared by: SPRINGSTED INCORPORATED 380 Jackson Street, Suite 300 St. Paul, NV 55101-2887 (651)223-3000 YIN A/V.SPRINGSTED.COW INTRODUCTION The purpose of the proposed Amendment to the Tax Increment Financing Ran for Tax Increment Financing District No. 12 is to increase the budget in order to facilitate reimbursement of additional developer-incurred project costs associated with continuing to provide affordable housing within the City of Eden Prairie, pursuant to an extension of the project management agreement.The Authority reserves the right to use tax increment for all 11F eligible costs of the district, induding related administrative expen . The sections of the Amended Ran specifically being altered include, Section F: Duration of the 11F District; Section K Estimated Public Costs; Section L: Estimated Sources of Revenue; Section M: Estimated Amound of Bonded Indebtedness; 0 Original Tax Capadty Rate; Section P: Projected Retained Captured Net Tax Capadty and Projected Tax Increment and Section V: Estimated Impact on Other Taxing Jurisdictions. This modification is not intended to reflect all changes in the statute or to the project since the original project was approved. TABLE OF CONTENTS Section Page(s) F Duration of the TIF District 1 K Estimated Public Costs 1 L Estimated Sources of Revenue 1 M Estimated Amount of Bonded Indebtedness 2 0 Original Tax Capacity Rate 2 P Projected Retained Captured Net Tax Capacity and Projected Tax Increment 2 V Estimated Impact on other Jurisdictions 3 X Development Agreements 3 Map of the Development District&Tax Increment Financing District EXHIBIT I Assumptions Report EXHIBIT II Projected Tax Increment Report EXHIBIT III Estimated Impact on Other Taxing Jurisdictions Report EXHIBIT IV Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota Section F Duration of the 11F District Housing districts may remain in existence 25 years from the date of receipt by the Authority of the first tax increment. Modifications of this plan(see Section Z)shall not extend these limitations. The Authority anticipates that the District will remain in existence the maximum duration allowed by law(projected to be through the year 2022). The purpose of this modification is to increase the estimated public costs and sources of revenue in anticipation of an extension to the Project Management Agreement that will allow for the collection and spending of tax increments through the maximum duration allowed (:,co Section P). Hohever the Authority will decertify the 11F District as eariy as possible should the projected increment be received in a shorter time period than originally projected. All tax increments from taxes payable in the year the TIF District is decertified shall be paid to the Authority. Section K Estimated Public Costs The estimated public costs of the 11F District are listed below. Such costs are eligible for reimbursement from tax increments of the 11F District. Original Budget Administrative Proposed February 6, 1996 Amendrnent Modification April 17,2007 (December 4, 2012) _ Land/Building acquisition $212,000 $315,000 $315,000 Site Irriproverrents/preparation costs 67,600 100,000 100,000 Installation of public utilities 57,900 85,000 85,000 Reirribursernent for eligible housing 59,959 456,810 activities _ Loan/note interest payments 246,959 _ Administrative expenses 37,500 62,000 62,000 Total $621,959 $621,959 $1,018,810 The Authority reserves the right to administratively adjust the amount of any of the items listed above or to incorporate additional eligible items, so long as the total estimated public cost is not increased. Section L Estimated Sources of Revenue Administrative original Budget Proposed Modification Amend7 February 6, 1996 April 1 2 07 (December 4,2012) Tax Increment revenue $621,959 $621,959 $1,018,810 Interest on invested funds Bon /Note proceeds Real estate sales Other Total $621,959 $621,959 $1,018,810 The Authority anticipates providing additional financial assistance to the project through an extension of the Agreement on a pay-as-you-go basis. Under the pay-as-you-go scenario, future tax increments received from the property within the 71F District are distributed to the developer/owner as reimbursement for public costs incurred(see Section K). SPRINGSTED Page 1 Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota The Authority reserves the right to finance any or all public costs of the 11F District using pay-as-you-go assistance, internal funding, general obligation or revenue debt, or any other finandng mechanism authorized by law. The City also reserves the right to use other sources of revenue legally applicable to the Project Area to pay for such costs induding, but not limited to, special assessments, utility revenues,federal or state funds,and investment income. Section M Estimated Amount of Bonded Indebtedness The Authority does not antidpate issuing tax increment bonds to finance the estimated public costs of the 11F District. However it reserves the right to issue an amount that would not exceed$1,018,810. Section 0 Original Tax Capacity Rate The County Auditor shall also certify the original tax capacity rate of the 71F District. This rate shall be the sum of all local tax rates that apply to property in the T1F District. This rate shall be for the same taxes payable year as the original net tax capacity. The amount of tax increment generated by the TTF District will be calculated using the lesser of(a)the sum of the current local tax rates at that time or(b)the original (frozen')tax capacity rate of the 71F District. The proposed local tax rates that apply to property in the T1F District,for taxes levied in 2012 and payable in 2013 is 125.376%as shown below. This amount is less than the frozen rate of 139.201°/g therefore the projections assume this tax rate shall apply for the remaining term of the District. Proposed 2012/2013 Jurisdiction Local Tax Rate City of Eden Prairie 34.329% Hennepin County 49.349% ISD#272 29.914% Other 11.784% Total 125.376% Section P Projected Retained Captured Net Tax Capacity and Projected Tax Increment Each year the County Auditor shall detemnine the current net tax capacity of all property in the 1TF District. To the extent that this total exceeds the original net tax capacity, the difference shall be known as the captured net tax capacity of the Tl F District. The County Auditor shall certify to the Oty the amount of captured net tax capacity each year. The Oty may choose to retain any or all of this amount. It is the Citys intention to retain 100%of the captured net tax capadty of the T1F District. Such amount shall be known as the retained captured net tax capacity of the T1F District. Exhibit II gives a listing of the various information and assumptions used in preparing a number of the exhibits contained in this 71F Plan, including Exhibit III which shows the projected tax increment generated over the remaining life of the TTF District. SPRINGSTED Page 2 Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota Section V Estimated Impact on Other Taxing Jurisdictions Exhibit IV shows the estimated impact on other taxing jurisdictions if the maximum projected retained captured net tax capacity of the liF Distract was hypothetically available to the other taxing jurisdictions. The City believes that there will be no adverse impact on other taxing jurisdictions during the life of the liF District, since the proposed development would not have occurred without the establishment of the 11F District and the provision of public assistance. A positive impact on other taxing jurisdictions will occur when the 11F District is decertified and the development therein becomes part of the general tax base. The fiscal and economic implications of the proposed tax increment financing district, as pursuant to Nfnnesota Statutes, Section 469.175, Subdivision 2, are listed below. 1. The total amount of tax increment that will be generated over the life of the district is estimated to be $1,018,810. $346,646 is estimated to be the additional amount attributable to the modification 2. To the extent the project in the proposed liF District No. 12 generates any public cost impacts on city- provided services such as police and fire protection, public infrastructure, and borrowing costs attributable to the district, such costs will be levied upon the taxable net tax capacity of the Oty, exduding that portion captured by the District. The Oty does not anticipate issuing general obligation tax increment bonds to finance a portion of the costs attributable to the District. 3. The amount of tax increments over the life of the district that would be attributable to school district levies, assuming the school district's share of the total local tax rate for all taxing jurisdictions remained the same, is estimated to be$243,960$93,052 is estimated to be the additional amount attributable to the modification. 4. The amount of tax increments over the life of the district that would be attributable to county levies, assuming the countsls share of the total local tax rate for all taxing jurisdictions remained the same is estimated to be$402,460. $153,216 is estimated to be the additional amount attributable to the modification. 5. No additional information has been requested by the county or school district that would enable it to determine additional crests that will accrue to it due to the development proposed for the district. To our knowledge neither entity has adopted standard questions in a written policy on information requested for fiscal and economic implications. Section X Development Agreements If within a project containing a housing district, more than 25%of the acreage of the property to be acquired by the Oty is purchased with tax increment bonds proceeds(to Mich tax increment from the property is pledged),then prior to such acquisition, the City must enter into an agreement for the development of the property. Such agreement must provide recourse for the Oty should the development not be completed. The Authority antidpates entering into an extension of the existing project management agreement to allow for reimbursement of additional eligible costs associated with maintaining the project and providing affordable housing; however the Authority does not anticipate acquiring any property located within the 11F District. SPRINGSTED Page 3 Exhibit I MAP OF TAX INCREMENT FINANCING(HOUSING)DISTRICT NO. 12 P 4 L_--=.,---„,..stkt....„4, ,ti f ;99 i CT LOCATION ; , . {24, �� ;f rya�i ' �O l ►rows rn_t .3. i �-01 - . + ti 1 •L 4 A Pin r ,"4 lug• 'k� - —^ •au ad1 a y 00111 r s r (17) i wr'.sa. a— C.: '. •- •f.ArN • .1.rrirviairifiggir It -4. ._ , i-4.Mrt.vw +i ' + f/,. • Ir++.lj."1!".. .� • 2ai Ixa r 11 . ...4.4....v, ip . c„..--v. ... •i... . _... 1 ; a„,_Eilk iii$ , -; h D { Zi7�H r vta.SY "._ r �.sv.s3 {t2) li .. ~ rs ;E7) y,- lV0.7� p,1,C1 [ {[ SSA+ 4 {if) R�.y'K IIL) Itoid ;R s - w.,� If se '4 Eli- 1 .I• . frifly . {Ili'. — 1 1 ,S4— 44. II 11- ea A CENTER ;� i _ lJr i = �— I. r.t as • S Z?` �` ,---e rsis SPRINGSTED Page 4 Exhibit 11 Assumptions Report City of Eden Prairie,Minnesota Modification to Tax Increment Financing (Housing)District No. 12 (Columbine Road Project) Type of Tax Increment Financing District Housing Maximum Duration of TIF District 25 years from 1st increment Projected Modification Approval Date 12/04/12 Decertification Date 12/31/22 (10 Years of Increment) Base Estimated Market Value $276,000 Original Net Tax Capacity $3,450 Assessment/Collection Year 2011/2012 2012/2013 2013/2014 2014/2015 2015/2016 Base Estimated Market Value $276,000 $276,000 $276,000 $276,000 $276,000 Estimated Increase in Value 0 3,820,000 3,820,000 3,942,880 4,069,446 Total Estimated Market Value 276,000 4,096,000 4,096,000 4,218,880 4,345,446 Total Net Tax Capacity $3,450 $30,720 $30,720 $31,642 $32,591 City of Eden Prairie 34.329% Hennepin County 49.349% ISD#272 29.914% Other 11.784% Local Tax Capacity Rate 125.376% Proposed 2012/2013 Frozen Tax Capacity Rate 139.2010% Fiscal Disparities Contribution From TIF District NA Administrative Retainage Percent(maximum = 10%) 10.00% Pooling Percent 0.00% Note (Pay-As-You-Go) Note Dated 12/04/12 Note Rate 0.00% Note Amount $357,166 Present Value Date &Rate 12/04/12 4.50% PV Amount $267,217 Notes Projections utilize proposed pay 2013 tax rates and assume no future changes to classification rates or tax rates; and include a 2%annual market value Inflator. Projections only show remaining 10 years of tax increment collections (2013-2022),to coincide with anticipated extension of the Project Management Agremeent to allow for reimbursement of additional eligible housing costs associated with providing affordable housing. SPRINGSTED Page 5 Exhibit III Projected Tax Increment Report City of Eden Prairie,Minnesota Modification to Tax Increment Financing(Housing)District No.12 (Columbine Road Project) Less: Retained Times: Less: Less: Annual Total Total Original Captured Tax Annual State Aud. Subtotal City Annual Period Market Net Tax Net Tax Net Tax Capacity Gross Tax Deduction Gross Tax Retainage Net Ending Value Capacity Capacity Capacity Rate Increment 0.360% Increment 10.00% Revenue (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) 12/31/11 12/31/12 12/31/13 4,096,000 30,720 3,450 27,270 125.376% 34,190 123 34,067 3,407 30,660 12/31/14 4,218,880 31,642 3,450 28,192 125.376% 35,346 127 35,219 3,522 31,697 12/31/15 4,345,446 32,591 3,450 29,141 125.376% 36,536 132 36,404 3,640 32,764 12/31/16 4,475,810 33,569 3,450 30,119 125.376% 37,761 136 37,625 3,763 33,862 12/31/17 4,610,084 34,576 3,450 31,126 125.376% 39,024 140 38,884 3,888 34,996 12/31/18 4,748,387 35,613 3,450 32,163 125.376% 40,325 145 40,180 4,018 36,162 12/31/19 4,890,838 36,681 3,450 33,231 125.376% 41,664 150 41,514 4,151 37,363 12/31/20 5,037,563 37,782 3,450 34,332 125.376% 43,044 155 42,889 4,289 38,600 12/31/21 5,188,690 38,915 3,450 35,465 125.376% 44,465 160 44,305 4,431 39,874 12/31/22 5,344,351 40,083 3,450 36,633 125.376% 45,929 165 45,764 4,576 41,188 $398,284 $1,433 $396,851 $39,685 $357,166 Prior Years $624,206 $2,247 621,959 62,196 559,763 Total 1,022,490 3,680 1,018,810 101,881 916,929 SPRINGSTED Page 6 ANNOTATED AGENDA DATE: November 30, 2012 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, December 4, 2012 TUESDAY,DECEMBER 4, 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. HENNEPIN COUNTY COMMISSIONER JAN CALLISON 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. SPECIAL COUNCIL MEETING HELD TUESDAY, NOVEMBER 13, 2012 B. COUNCIL WORKSHOP HELD TUESDAY, NOVEMBER 20, 2012 C. CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 20, 2012 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-H on the Consent Calendar. A. CLERK'S LICENSE LIST ANNOTATED AGENDA December 4, 2012 Page 2 B. MITCHELL CROSSING APARTMENTS 2012 by Eden Prairie Development. Second Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Change from Community Commercial to RM- 2.5 Zoning District on 3.098 and Site Plan Review on 3.098 acres. Location: Mitchell Road& Cochrane Lane. (Ordinance for PUD District Review with waivers and Zoning District Change; Resolution for Site Plan Review) C. ADOPT RESOLUTION APPROVING FINAL PLAT OF FIVE MITCHELL CROSSING D. AWARD CONTRACT FOR STABILIZATION OF A SECTION OF PURGATORY CREEK TO CARL BOLANDER& SONS E. APPROVE ADDITIONAL FINAL DESIGN SERVICES BUDGET WITH SRF CONSULTING GROUP FOR THE NORTHERN SEGMENT OF THE SHADY OAK ROAD IMPROVEMENTS F. AWARD CONTRACT FOR 5-YEAR CHLORINE SCRUBBER MAINTENANCE TO SEIMENS, INC. G. APPROVE LETTER OF CREDIT AS COLLATERAL FOR THE CITY'S PAYROLL ACCOUNT H. APPROVE PLANS AND AUTHORIZE BIDS FOR REPAIR OF MINNESOTA RIVER FLOODPLAIN POND SOUTH OF RIVERVIEW ROAD IX. PUBLIC HEARINGS/MEETINGS A. 2013 BUDGET Synopsis: On September 4, 2012, the Eden Prairie City Council adopted a resolution certifying the proposed 2013 City budget and property tax levy. Calculations for the City showed the budget to be $42,785,579 and the certified levy to be $32,549,320. The 2013 budget maintains City services with a budget increase of 2.5% in the general fund and a total budget increase of 3.2%which includes the capital levy and debt service payments. The tax levy is budgeted to increase .9% or $286,681. This is a decrease of$18.00 or 1.6% on median value home of$312,600. According to state statute, the final levy amount must be certified to the county auditor by December 28, 2012. City Council adoption of the final levy and budget will complete this process. This public meeting is to provide an opportunity for the public to comment on the 2013 proposed budget. MOTION: Move to close the Public Meeting ANNOTATED AGENDA December 4, 2012 Page 3 B. RESOLUTION APPROVING AMENDMENT OF THE TAX INCREMENT FINANCING PLAN AND PROJECT MANAGEMENT AGREEMENT TAX INCREMENT FINANCING DISTRICT NO. 12 Official notice of this public hearing was published in the November 8, 2012,Eden Prairie News. Synopsis: The Tax Increment Financing Plan for District 12, the Columbine Townhomes, is set to expire at the end of 2012. Subsequently, Developer sought amendment of the Tax Increment Financing Plan and Project Management Agreement to increase the estimated term and budget, to facilitate further reimbursement of eligible costs in order to continue the provision of affordable housing, and to relieve the obligation of repayment of the TIF funds. The amended Tax Increment Financing Plan is attached to this document. The Project Management Agreement is still being reviewed and will be presented for approval when complete. The HRA finds that the continued operation of the project is not sustainable without the continued Tax Increment financing subsidy, and that the Amended Financing Plan conforms to the general plan for the development or redevelopment of the City as a whole. MOTION: Move to: Close the public hearing; and HRA MEETING HRA I. ROLL CALL/CALL THE HRA MEETING TO ORDER HRA II. APPROVE MINUTES OF HRA MEETING HELD ON SEPTEMBER 4, 2012 MOTION: Move to approve minutes of the HRA meeting held September 4, 2012. HRA III. ADOPT RESOLUTION CERTIFYING THE 2013 HRA PROPERTY TAX LEVY TO BE $200,000 AND APPROVING THE 2013 HRA BUDGET OF $200,000 Synopsis: On September 4, 2012, the HRA approved the proposed 2013 HRA property tax levy and budget. Also on September 4, 2012, the Eden Prairie City Council adopted resolutions consenting and approving the proposed 2013 HRA property tax levy. Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. This resolution gives the consent needed for the HRA. MOTION: Move to: Adopt the resolution certifying the 2013 Property Tax levy to be $200,000 and approving the 2013 Budget of $200,000 as reviewed by the Council. ANNOTATED AGENDA December 4, 2012 Page 4 HRA IV. ADOPT RESOLUTION AMENDING THE TAX INCREMENT FINANCING PLAN AND PROJECT MANAGEMENT AGREEMENT FOR TAX INCREMENT FINANCING DISTRICT NO. 12 Synopsis: The Tax Increment Financing Plan for District 12, the Columbine Townhomes, is set to expire at the end of 2012. Subsequently, Developer sought amendment of the Tax Increment Financing Plan and Project Management Agreement to increase the estimated term and budget, to facilitate further reimbursement of eligible costs in order to continue the provision of affordable housing, and to relieve the obligation to repay TIF funds. The amended Tax Increment Financing Plan is attached to this document. The Project Management Agreement is still being reviewed and will be presented for approval when complete. The Authority finds that the continued operation of the project is not sustainable without the continued Tax Increment financing subsidy, and that the Amended Financing Plan conforms to the general plan for the development or redevelopment of the City as a whole. MOTION: Move to Adopt the Resolution amending the Tax Increment Financing Plan. HRA V. ADJOURNMENT MOTION: Move to adjourn the HRA. COUNCIL MEETING MOTION: Move to adopt the Resolution approving amendment of the Tax Increment Financing Plan. C. 1sT READING OF ORDINANCE UPDATING THE FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS Official notice of this public hearing was published in the November 8, 2012, Eden Prairie News. Synopsis: This Ordinance establishes a fee schedule for the City's costs in administering Official Controls pursuant to Minnesota Statutes Section 462.353, Subd. 4. MOTION: Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance Updating the Fee Schedule for Administration of Official Controls. ANNOTATED AGENDA December 4, 2012 Page 5 D. RESOLUTION UPDATING THE FEE SCHEDULE FOR CITY SERVICES Official notice of this public hearing was published in the November 8, 2012,Eden Prairie News. Synopsis: This Resolution updates the fee schedule for the City's services not covered by ordinance. MOTION: Move to: • Close the Public Hearing; and • Adopt the 2013 Fee resolution E. RILEY VIEWS by Hunter Emerson, LLC. Request for: Planned Unit Development Concept Review on 13.4 acres, Planned Unit Development District Review with waivers on 13.4 acres, Zoning District Change from Rural to R1-9.5 on 13.4 acres, Preliminary Plat of 13.4 acres into 28 lots, 2 outlots and road right of way. Location: 9400 Lake Riley Road; 18600 & 18700 Pioneer Trail. (Resolution for PUD Concept Review; Resolution for Preliminary Plat) Official notice of this public hearing was published in the November 22, 2012, Eden Prairie News and sent to 59 property owners. Synopsis: This is a 28 lot single family subdivision with waivers for lot dimension, setbacks, and cul-de-sac length. The project requires 40 Planned Unit Development (PUD)waivers from the City code related to cul-de-sac length, lot frontage, lot depth and setbacks. In exchange for the waivers, the City benefits from dedication of right-of-way along Pioneer Trail for future road and trail improvements and dedication of outlots A and B for the wetlands and the creek corridor. The plans show a single access point to Riley Lake Road on the east end of the development which results in a cul-de-sac length of 1,650 feet. The plan originally included a second access point which was located on Pioneer Trail across from Crestwood Terrace. This second access point required sight line and turn lane improvements on Pioneer Trail which were ultimately determined to be too significant for this development to undertake at this time. In order to mitigate this change the following plan changes and conditions have been recommended and incorporated into the plan: • A trail/emergency vehicle access will be constructed just to the east of Crestwood Terrace. • Sufficient right-of-way will be provided to allow for the construction of the Crestwood Terrace access when Pioneer Trail is upgraded. • The Developer will provide a financial security to cover the costs of the future road connection to Pioneer Trail at Crestwood Terrace • The plan for the future connection to Pioneer Trail will need to be disclosed to all prospective buyers and included in all marketing materials for the site. ANNOTATED AGENDA December 4, 2012 Page 6 • Subject to the results of a traffic study the Aubrie Court intersection with Riley Lake Road will be required to be shifted north to address vehicle queuing or other operational concerns associated with its close proximity to Pioneer Trail. The 120-Day Review Period Expires on March 6, 2013. The Planning Commission voted 5-0 to recommend approval of the project at the November 26, 2012, meeting. MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 13.4 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Rural to R1 .9.5 on 13.4 acres; and • Adopt the Resolution for Preliminary Plat on 13.4 acres into 28 lots, 2 outlots and road right of way 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 Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS A. APPROVE 2ND READING OF AN ORDINANCE UPDATING THE FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS AND ADOPT RESOLUTION APPROVING SUMMARY PUBLICATION Synopsis: 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 at the December 4, 2012, Council meeting. MOTION: Move to approve 2nd Reading of the Ordinance Updating the Fee Schedule for Administration of Official Controls and adopt Resolution approving Summary publication. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS ANNOTATED AGENDA December 4, 2012 Page 7 B. REPORT OF CITY MANAGER 1. Resolution Certifying the 2013 Property Tax Levy,Adopting the 2013 Budget, and Consenting and Approving the 2013 HRA Tax Levy Synopsis: On September 4, 2012, the Eden Prairie City Council adopted a resolution certifying the proposed 2013 City budget and property tax levy. Calculations for the City showed the budget to be $42,785,579 and the certified levy to be $32,549,320 before fiscal disparities distribution. The net tax levy after fiscal disparities distribution of($1,676,800) is $30,872,520. The 2013 proposed budget on September 4, 2012 maintains City services with a budget increase of 2.5% in the general fund and a total budget increase of 3.2%which includes the capital levy and debt service payments. The tax levy is budgeted to increase .9% or$286,681. According to state statute, the final levy amount must be certified to the county auditor by December 28, 2012. City Council adoption of the final levy and budget will complete this process. MOTION: Move to: • Adopt a resolution certifying the 2013 Property Tax levy to be $ 32,549,320; and • Approve the 2013 Budget of $42,785,579 as reviewed by the Council; and • Consent and approve the HRA tax levy and budget of $200,000 2. Resolution Approving 2013 To 2022 Capital Improvement Plan Synopsis: The City plans for capital maintenance and improvements by preparing a capital improvement plan(CIP). The CIP represents a framework for planning the preservation and expansion of capital including equipment, facilities, and infrastructure. It sets forth the estimated schedule, timing, and details of specific improvements by year, together with the estimated cost, the need for the improvement, and sources of revenue to pay for the improvement. It is a good management practice to prepare and adopt a capital improvement plan. It is a working plan and as circumstances warrant actual spending will differ throughout the period. All projects over$20,000 are brought back to the City Council at the time of execution for final review and approval. MOTION: Move to adopt Resolution approving the 2013 to 2022 Capital Improvement Plan. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PUBLIC WORKS DIRECTOR ANNOTATED AGENDA December 4, 2012 Page 8 E. REPORT OF POLICE CHIEF F. REPORT OF FIRE CHIEF G. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. Exhibit IV Estimated Impact on Other Taxing Jurisdictions Report City of Eden Prairie, Minnesota Modification to Tax Increment Financing(Housing)District No.12 (Columbine Road Project) Without Project or TIF District With Project and TIF District Projected Hypothetical 2011/2012 2011/2012 Retained New Hypothetical Hypothetical Tax Generated Taxable 2011/2012 Taxable Captured Taxable Adjusted Decrease In by Retained Taxing Net Tax Local Net Tax Net Tax Net Tax Local Local Captured Jurisdiction Capacity(1) Tax Rate Capacity(1) + Capacity = Capacity Tax Rate(*) Tax Rate(*) N.T.C.(*) City of Eden Prairie 88,510,928 34.329% 88,510,928 $36,633 88,547,561 34.315% 0.014% 12,570 Hennepin County 1,251,745,096 49.349% 1,251,745,096 36,633 1,251,781,729 49.348% 0.001% 18,077 ISD#272 85,059,633 29.914% 85,059,633 36,633 85,096,266 29.901% 0.013% 10,954 Other(2) --- 11.784% --- 36,633 --- 11.784% --- --- Totals 125.376% 125.347% 0.029% * Statement 1: If the projected Retained Captured Net Tax Capacity of the TIF District was hypothetically available to each of the taxing jurisdictions above,the result would be a lower local tax rate(see Hypothetical Adjusted Tax Rate above) which would produce the same amount of taxes for each taxing jurisdiction. In such a case,the total local tax rate would decrease by 0.029%(see Hypothetical Decrease in Local Tax Rate above). The hypothetical tax that the Retained Captured Net Tax Capacity of the TIF District would generate is also shown above. Statement 2: Since the projected Retained Captured Net Tax Capacity of the TIF District is not available to the taxing jurisdictions, then there is no impact on taxes levied or local tax rates. (1) Taxable net tax capacity=total net tax capacity-captured TIF-fiscal disparity contribution,if applicable. (2) The impact on these taxing jurisdictions is negligible since they represent only 9.40%of the total tax rate. SPRINGSTED Page 7 ITEM NO.: VI.A. UNAPPROVED MINUTES EDEN PRAIRIE SPECIAL CITY COUNCIL MEETING TUESDAY,NOVEMBER 13, 2012 5:00 PM, CITY CENTER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Ron Case, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, City Clerk Kathleen Porta and Council Recorder Lorene McWaters I. CALL MEETING TO ORDER Mayor Tyra-Lukens and Council Member Nelson were absent. Acting Mayor Ron Case called the meeting to order at 5:05 p.m. A. ADOPT RESOLUTION NO. 2012-147 CANVASSING RESULTS OF THE MUNICIPAL ELECTION HELD ON NOVEMBER 6, 2012 MOTION: Butcher moved, seconded by Aho, to adopt the Resolution No. 2012-147 canvassing the results of the municipal election held on November 6. Motion carried 3-0. II. ADJOURNMENT MOTION: Aho moved, seconded by Butcher to adjourn the meeting. Motion carried 3-0. Acting Mayor Aho adjourned the meeting at 5:10 p.m. ITEM NO.: VI.B. UNAPPROVED MINUTES JOINT CITY COUNCIL/PARKS, RECREATION AND NATURAL RESOURCES COMMISSION WORKSHOP & OPEN PODIUM TUESDAY, NOVEMBER 20, 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, , Community Center Manager Wendy Sevenich, Recreation Supervisor Beth Witt and Recorder Lorene McWaters PARKS,RECREATION & NATURAL RESOURCES COMMISSION: Tom Bierman, Hutch Coburn (Vice Chair), Derek Gunderson, Matthew Kraft, Larry Link, Geri Napuck(Chair), Leonard Pesheck, David Rosa,Yasmin Atef-Vahid(Student Rep), Roseann Awad(Student Rep), Vy Nguyen (Student Rep),Natalie Townsend(Student Rep) Workshop-Heritage Room II Council Member Kathy Nelson was absent. Parks, Recreation&Natural Resources Commission Members Hutch Coburn, Matthew Kraft, Geri Napuck, Leonard Pesheck, and David Rosa were absent. Student Commission Member Vy Nguyen, Yasmin Atef-Vahid and Natalie Townsend were absent. I. AQUATICS FEASIBILITY STUDY Parks and Recreation Director Jay Lotthammer welcomed the members of the Parks, Recreation&Natural Resources Commission as well as Victor Pechaty and Chris Gibbs from HGA, the consultants who assisted in the aquatics feasibility study. Lothammer said the project team included aquatics design consultant Kevin McElyea, Mark Davis and Mark Tullemans from Team Foxjet, as well as City staff members Paul Sticha, Joan Karst, Dzevad Mahmutovic, Wendy Sevenich and Beth Witt. Lotthammer said the study had three main goals: • Identify and resolve facility deficiencies • Address challenges in programming and user group access • Evaluate trends in the community and plan for future programming Stakeholders were identified to help define needs. Current stakeholders include: • Community Center Members • Learn to Swim Programs • Team Foxjet • Eden Prairie High School physical education classes and swim team programs City Council Workshop Minutes November 20, 2012 Page 2 Stakeholders who have requested aquatics space, but were not able to be accommodated include diving and training programs, master swim team, triathlon training, scuba training, young families with toddlers, and private rentals. The demographic analysis concludes that the future of Eden Prairie is "more seniors and more youth." At the same time, Community Center memberships have risen sharply since it was remodeled in 2007. Water exercise participation has increased sharply over the past two years, while swim lessons have remained flat mainly due to limitations of the pool itself. Specific limitations identified in the study include lack of pool time available, inadequate locker room space, and lack of swim team training facilities/lanes. In addition, the pool does not meet minimum depths required for competitive starts, has little shallow water(needed for young swim lesson participants), and the water temperature is very cold. Three interactive workshops were held, culminating in recommendation of a preferred alternative. The preferred alternative includes modifying the existing pool area and building: • A new 12-lane lap pool with depth starting blocks and a separate diving/deep water exercise area(25' x 75') • A recreational pool with warm water and zero-depth entry The proposal also includes construction of an additional fitness area above the new lap pool. Lotthammer said the preferred alternative could be implemented in phases. Phase I would include the lap pool and fitness area, and would cost around $10 million. Phase II would include the recreational pool, and would cost around$6 million. Financing options include issuing bonds, selling naming rights, fundraising by user groups and grants. Community Center Manager Wendy Sevenich said she believes it will be possible to drive profit in the proposed aquatics area, similar to what occurred when the Community Center was remodeled. Foxjets representative Mark Davis said their program currently has 331 swimmers, 85% of which are Eden Prairie residents. He noted that Foxjets contributed $10,000 toward the feasibility study and said the group is committed to working with City staff to bring dollars to the project. Lotthammer said the current proposed pools will likely generate more revenue than the water park concept that was proposed in 2005. Operating systems are already in place, which will help defray expenses. City Manager Rick Getschow said that the City's debt service is set to decrease significantly in 2014, so the City Council may want to consider bonding for this project. Mayor Tyra-Lukens said she likes the plan as it appears to meet the needs of all users. She also likes the idea of implementing the project in phases using debt service. Council Member Butcher Wickstrom said she loves the plan, and she feels now is the time to do it. She asked if the pool would attract regional users or mainly Eden Prairie residents. Lotthammer said staff is looking to fill the needs of Eden Prairie residents first,but there is enough flexibility built in that non-prime time space would be used by other programs, such as scuba and deep water training. Aho said he likes the plan,but is a little stunned at the cost estimate. Aho also said the lap pool would need to have bleachers for competition spectators. Pechaty said the cost estimate is based on similar recently-constructed facilities throughout the country. He noted that aquatic systems are expensive so costs are higher than fitness-only facilities. Council Member Case said the community has a history of going cheap and regretting it City Council Workshop Minutes November 20, 2012 Page 3 almost immediately, as in the cases of the original Community Center and the Oak Point Pool. He said the City might as well not do it unless they are going to do it right. Parks, Recreation&Natural Resources Commission Member Tom Bierman said the proposed facility will serve everyone from tots to seniors, and he believes it will be a revenue generating operation. He said a key message of the study is that demand is outstripping supply. Commission Member Derek Gunderson said he agrees that audience seating should be added to the facility. Pechaty said seating can be added,but it would mean additional costs. Lotthammer said the parking situation also needs to be taken into consideration. He said the facility is on a tight sight, and that stormwater capacity also needs be taken into account. He said City staff will be meeting with representatives of the School District about the project, and the next step would be to have the Parks, Recreation&Natural Resources Commission consider more detailed designs, which will allow for refined cost estimates. II. BUDGET ADVISORY COMMISSION APPOINTMENTS Getschow said recruitment for the Budget Advisory Commission took place this fall; however, no new applications were received. Four of the seven Commissioners' terms expire at the end of this year. One reapplied, and three indicated they would not reapply (although one later reconsidered). One Commissioner resigned due to a work-related move, leaving only four members on the Commission. Getschow said the Commission's charter still lists review of the annual budget as one of their responsibilities, although since late 2011 the BAC has worked on project-specific assignments. Council Member Aho said BAC review of the budget is an important part of the process, and he would like to open up the commission again for new applicants. Council Member Case said he was not in favor of the Commission in the beginning, and he does not think the Commission has proven its value in light of the amount of staff time it requires. He said he cannot think of one recommendation the Commission came up with that the Council would not have implemented on its own. He thinks the City's budget process is already very transparent. He said he could see using citizen expertise from time to time, but setting the budget is the Council's job. Mayor Tyra-Lukens said she never agreed with the idea of a Budget Advisory Commission, and she agrees that it is the Council's job to set the budget. She suggested that the Commission be made into a task force that looks at particular topics. Butcher Wickstrom said that when the BAC was formed, she contacted other cities to see whether or not they had similar commissions. She said only one other city had a Budget Commission, and the general sentiment was that it is the Council's role to make policy. Mayor Tyra-Lukens asked about next steps,based on Council input. Getschow said inactivation of the Commission would have to be done by ordinance, which staff can present to the Council for consideration at an upcoming meeting. Open Podium - Council Chamber III. OPEN PODIUM IV. ADJOURNMENT ITEM NO.: VI.C. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,NOVEMBER 20, 2012 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Ron Case, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 PM. II. COLOR GUARD/PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. DONATION OF SCULPTURE BY THE EDEN PRAIRIE MORNING ROTARY CLUB (Resolution No. 2012-148) Lotthammer said members of the Eden Prairie Morning Rotary Club approached staff about sponsoring a legacy project to fund and donate a sculpture for the front of the Community Center, an area that has been identified for some time as a location for public art. The action requested tonight would be to approve the design concept, accept the donation and enter into an agreement with the sculptor, James Gabbert. Cathy Haukedahl,representing the Morning Rotary Club, described the design of the sculpture. She noted the Rotary Club wanted to donate the piece as a mark of the club's commitment to Eden Prairie. She said there will also be an electronic bulletin board inside the entryway to the Community Center that will show events and opportunities for others to help the Rotary Club. Tyra-Lukens asked if the sculpture is surrounded by water. Ms Haukedahl said there is no water; however, it gives that illusion. Tyra-Lukens commented this is a beautiful piece and also a great first piece for our efforts to increase public art in the City. MOTION: Butcher Wickstrom moved, seconded by Nelson, to adopt Resolution CITY COUNCIL MINUTES November 20,2012 Page 2 No. 2012-148 to approve the design, accept the donation and authorize the Mayor and City Manager to enter into an agreement with James Gabbert to commission the sculpture of the Flying Bird and Grasses. Motion carried 5-0. B. RECOGNITION OF ANDREW SULLIVAN FOR HIS WORK ON THE LIQUID ASSETS VIDEO PROJECT Ellis said this is a recognition of Andrew Sullivan, a City employee, for his truly wonderful accomplishment in developing the documentary video, "Liquid Assets: Minnesota," that is being recognized by agencies at the local, state and national level. He noted Mr. Sullivan did most of the work on the video on his own time because of his passion for the project. Steve Olson and Don Demers, representing the American Society of Civil Engineers Minnesota,presented Mr. Sullivan with a plaque. Mr. Demers noted Mr. Sullivan's passion for developing a video about Minnesota's water infrastructure industry led him to raise grass roots support, do fundraising,promote the project and recruit volunteers. Representatives of the American Water Works Association--Minnesota Chapter, said this year their group decided to create an annual leadership award for an individual or group that demonstrates initiative in the drinking water industry. The first leadership award was given to Mr. Sullivan for his video project. In addition, they decided to name the award in honor of Mr. Sullivan. Nelson said she has watched the video and it is excellent. She was proud that Mr. Sullivan produced it, and it is a good thing for Eden Prairie. Tyra-Lukens said it is wonderful for Mr. Sullivan to be recognized in his field,both by receiving the award and by having it named after him. Tyra-Lukens congratulated Council Members Case and Aho on their recent election victories. She commended Council Member Case on his great concern for the residents of Eden Prairie and his strong commitment to the community and its history. She applauded Council Member Aho for providing the Council with a rich background in engineering and technology and for his leadership on transportation issues. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Getschow said there are three additional items for the Consent Calendar, Items VIII R., S., and T. Tyra-Lukens added Item XIV.A.1. MOTION: Case moved, seconded by Butcher Wickstrom, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 16, 2012 CITY COUNCIL MINUTES November 20,2012 Page 3 MOTION: Aho moved, seconded by Case, to approve the minutes of the Council workshop held Tuesday, October 16, 2012 as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 16, 2012 MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve the minutes of the City Council meeting held Tuesday, October 16, 2012 as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF ORDINANCE NO. 32-2012 AMENDING VARIOUS PORTIONS OF CITY CODE CHAPTER 3 INCLUDING THOSE RELATING TO THE STORM WATER CLASSIFICATION FOR TOWNHOMES AND ADOPT RESOLUTION NO. 2012-149 APPROVING SUMMARY ORDINANCE FOR PUBLICATION C. ADOPT RESOLUTION NO. 2012-150 AUTHORIZING EXECUTION OF THE CONSENT TO THE SUBORDINATE FINANINC FOR TRANSFER OF THE PARK AT CITY WEST APARTMENTS PROJECT FROM PACW EDEN PRAIRIE LLC TO PARK AT CITY WEST APARTMENTS LLC D. PROCLAMATION DECLARING NOVEMBER 24, 2012,AS SMALL BUSINESS SATURDAY IN EDEN PRAIRIE E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH STEVENS ENGINEERS FOR DESIGN AND ENGINEERING SERVICES FOR RINK 2 CONVERSION PROJECT F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH ARENA SOLUTIONS TO PERFORM CONSTRUCTION MANAGEMENT SERVICES FOR THE RINK 2 CONVERSION PROJECT G. APPROVE UPDATED PURCHASING POLICY H. APPROVE UPDATED TRAVEL POLICY I. APPROVE PROFESSIONAL SERVICES FOR 2012 DEER MANAGEMENT PROGRAM WITH WHITE BUFFALO, INC. J. APPROVE RELEASE OF AGREEMENT REGARDING SPECIAL ASSESSMENTS (EDENVALE HIGHLANDSI CITY COUNCIL MINUTES November 20,2012 Page 4 K. APPROVE RELEASE OF AGREEMENT REGARDING SPECIAL ASSESSMENTS AND FIRST AMENDMENT REGARDING SPECIAL ASSESSMENTS (EDEN PRAIRIE WOODS) L. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WENCK FOR LOCAL WATER MANAGEMENT PLAN (LWMP) UPDATE M. AWARD CONTRACT FOR STUDY AREA 4 OF THE LOWER MINNESOTA RIVER WATERSHED DISTRICT EROSION STABILIZATION PROJECT TO AMES CONSTRUCTION N. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WENCK ASSOCIATES FOR THE TOWN CENTER DRAINAGE STUDY UTILIZING A MET COUNCIL TOD GRANT O. AWARD CONTRACT FOR HOMEWARD HILLS ROAD CULVERT REPLACEMENT PROJECT TO MINGER CONSTRUCTION,INC. P. AWARD CONTRACT FOR RECOATING OF THE WATER TREATMENT PLANT SIDE 3 CLARIFIERS TO CHAMPION COATINGS INC. Q. APPROVE EXCLUSIVE BROKERAGE LISTING AGREEMENT WITH CUSHMAN WAKEFIELD R. APPROVE SERVICE AGREEMENT WITH MOTOROLA FOR SERVICE OF 911 DISPATCH CONSOLE SYSTEM S. BELLERIEVE by Mike Gresser. Second Reading of Ordinance 33-2012 for Zoning District Change from Rural to R1-13.5 Zoning District on 23 acres Location: 10170 Riverview Road. (Ordinance No. 33-2012 for Zoning District Change) T. ADOPT RESOLUTION NO. 2012-162 APPROVING FINAL PLAT OF BELLERIEVE MOTION: Case moved, seconded by Butcher Wickstrom, to approve Items A-T on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS /MEETINGS A. ADOPT RESOLUTION NO. 2012-151 VACATING A PART OF THE DRAINAGE AND UTILITY EASEMENTS LYING OVER, UNDER AND ACROSS LOT 1, BLOCK 1,AND OUTLOT B, EDEN BLUFF HIGHLANDS 2ND Getschow said this is a housekeeping item related to the C. H. Robinson addition. There were no comments from the audience. CITY COUNCIL MINUTES November 20,2012 Page 5 MOTION: Case moved, seconded by Butcher Wickstrom, to close the public hearing and to adopt Resolution No. 2012-151 vacating a part of the drainage and utility easements lying over, under and across Lot 1, Block 1 and Outlot B, Eden Bluff Highlands 2nd Addition, according to the recorded plat thereof, Hennepin County, Minnesota. Motion carried 5-0. B. ADOPT RESOLUTION NO. 2012-152 ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS FOR EDEN PRAIRIE ROAD STREET AND UTILITY IMPROVEMENTS (SOUTH OF RILEY CREEK) Getschow said the action requested is to approve a resolution moving forward with preparing plans and specifications for the reconstruction of Eden Prairie Road. Official notice of this public hearing was published in the November 1 and 8, 2012, Eden Prairie News and sent to 49 property owners. Two neighborhood meetings were held in relation to the project. The City Council authorized a feasibility report in October 2001, but the project did not move forward at that time. Rod Rue, City Engineer, said the improvements contemplated include street reconstruction of Eden Prairie Road, a new creek crossing at Riley Creek, drainage improvements, a treatment pond and some sewer and water improvements. The project has a long history, and since 2001 there have been several meetings with the neighborhoods. He noted the Council action taken in 2001 was taken without petition so any further action would require a 4/5 majority vote of the City Council. He said several concerns were brought up at a neighborhood meeting in 2008. At that time we made the decision to defer the project until the demand for housing improved and the construction of Prospect Road was completed. Both of those concerns have been addressed this year. Rue described the proposed methods of assessment for the project costs. He said in December 2010 the City Council approved an agreement with MAC to pay their fair share of the improvements when they occur. Rue said the project has been divided into three segments: the north section from north of Riley Creek to north of Prospect Road; the center section from north of Prospect Road to just south of the Provo property; and the south section that has a steep and curving terrain and will either connect to Flying Cloud Drive or end in a cul-de-sac. At this point improvements are proposed for the north and center sections only. Rue said the estimated cost of the street improvements is about$3,600,000 of a total project cost of$4,500,000. He described the methods used for the proposed assessments of the north and center sections. The neighborhoods would be paying for the upgrade of Eden Prairie Road to be more of a collector road. The cost of the storm sewer improvements is based on the watershed area. He noted the bulk of the sanitary sewer and water improvements have already been built by projects in the area, but there will be some extensions along Eden Prairie Road to provide service to individual properties and to provide for development to the west. Rue said if the CITY COUNCIL MINUTES November 20,2012 Page 6 project is approved we would go out for bids next spring with substantial completion by November 2013 and final completion in early summer 2014. He reviewed the proposed assessment roll and information on the proposed exceptions, deferrals and exclusions. Nelson said she assumed that the property on Beverly Drive will connect with Turnbull Drive at some point,but that doesn't seem to be anywhere near Eden Prairie Road. Ellis replied they looked closely at property out there and there appears to be right-of-way. When the feasibility report was done we weren't sure if that area would have access to Eden Prairie Road or Turnbull. The property to the west would come through the development process and, if the access turns out to be to Turnbull, it would be excluded from this assessment. Nelson said when Prospect Road was discussed there was talk of an alternate road that would link Eden Prairie Road to Spring Road. She was concerned that this layout doesn't show any of that potential link. Ellis said the Toll Brothers project built the connection of Prospect Road to Eden Prairie Road. Rue said we looked at alternatives for Eden Prairie Road on the south end when we did the EAW and analysis for Prospect Road. The discussion tonight is only for the north and center segments, and we would delay any improvements in the south segment. Aho asked if the model proposed for the assessments is a change from past methods of modeling for assessments so that we are now modeling on a frontage feet and a per unit rather than the number of feet on a particular roadway. Rue said the preliminary draft report in 2001 looked at doing an assessment spread over the entire area on a unit basis. However, as we began to look at that, it didn't seem to be fair to some of the parcels in the back to pay for an equal share of the road as those that front the road. Staff felt that some portion of the cost should be spread over the entire area, and they determined that the difference between the cost to build a 28- foot roadway and a 32-foot roadway plus the 600 feet of creek improvements would be part of the benefit to the entire neighborhood. Case said he understood the decision we are making tonight is not to determine the funding but rather to proceed with the preliminary study to redo this road. He thought anyone who has driven the road would realize we need to redo it, but funding is a very important issue. He was somewhat confused because he thought the utility fee fund was started in order to avoid the issue of assessments for road improvements. He was concerned that we are taking a segment of road in isolation and don't have a master plan to fund the improvement of entire road. He was concerned about the precedent we might be setting in making assessments for unimproved roads. He thought we need to vote to proceed with the project tonight, but should also have some intensive discussion on what the master plan will be. Ellis noted the utility franchise fees are collected to do the reconstruction of streets once they have been developed. Eden Prairie Road is mostly property that will be redeveloped. Property developers along the road were required to help fund the road project. Case asked if this is considered a first time build as there are other roads in the City that are considered major collectors but may not have curb and gutter. He did not think of this road as a major collector. Ellis said the road will be CITY COUNCIL MINUTES November 20,2012 Page 7 32 feet wide with limited access. There will be a trail on one side and a sidewalk on the other. At this point we don't have the information necessary to make the decision on extending the road to the south. We plan to do an in-depth study of that segment, but the road we are building today will allow for a connection to Flying Cloud Drive or for the road to end in a cul-de-sac. We see a connection to Flying Cloud Drive as being largely a City cost; but if it cul-de-sacs, it is only a neighborhood street. We will make that decision at a later date after doing traffic analysis and holding neighborhood meetings. Maria Moreno, 9787 Sky Lane, said she was speaking for the neighborhood at The Woods at Riley Creek. When they attended the neighborhood meetings they felt there really was no planning for this project. There was no clear answer about what MAC's assessment would be and no answer to the question of why MAC is building commercial property on their land without being taxed at the residential level. They asked to see a design of the project but were not provided with a plan. She said the whole neighborhood does not want Eden Prairie Road to end in a cul- de-sac as closing that access would be detrimental to the traffic levels. There has been a tremendous increase in the number of residential homes and in the traffic levels in the area. Prospect Road will be the only viable street for access to their neighborhood when Eden Prairie Road is closed. Buses and cars have been delayed with the construction traffic going on in that area. She asked that Prospect Road have speed limits on it and no parking signs while Eden Prairie Road is closed. It would also be good to coordinate the plans for ball fields or parks so those could be built at the same time the road is closed to help reduce construction traffic issues. She said the Planning Commission should determine who is responsible for wear and tear of the roads. A portion of the creek is a natural resource and the DNR was not involved in the planning. The Woods at Riley Creek has put money into escrow for the road, but they think the Planning Commission needs to go back and consider all the neighborhood concerns. Tyra-Lukens asked staff to address the concerns about MAC's share of the costs. Ellis said MAC has a number of parcels, and we calculated they could put 24 units on their property. That means they would be responsible for about $587,000 of the costs. Those costs are higher than the average across the area, so he thought they will be paying their fair share. As a municipality we can't impose an assessment on MAC,but we can enter into an agreement with them. The preliminary agreement we made with them did not have an amount stipulated,but they have committed to their fair share. Tyra-Lukens clarified that residents will not receive a bill now. This process is a rough estimate of the costs and how we possibly can allocate the costs. Tyra-Lukens asked that the concerns about construction traffic and safety be addressed. Rue responded throughout the years at the neighborhood meetings one of the key issues was to get Prospect Road built before the Eden Prairie Road improvements were done. One of the things we anticipated was the closing of Eden Prairie Road when we built a creek crossing. At that point the traffic would be routed onto Prospect Road. Tyra-Lukens asked about the wear and tear on roads from the construction traffic. Rue said that is inherent to an area that is being CITY COUNCIL MINUTES November 20,2012 Page 8 developed. The road structure is designed to accommodate the loads from construction traffic. We try to control that traffic as much as possible through our development agreements. Dan Blake, representing The Pemtom Land Company, noted he sent a letter with his comments. A couple of their parcels have gone through the City process. They intend to wait on those until Eden Prairie Road is done because of a potentially better market. There are a lot of collector roads near their properties because of their location. Under the current proposal his properties will have little benefit but will have large assessments. Rue said Mr. Blake is discussing two of the extreme examples in the project. We plan to tweak those extreme cases in the future. There are different shaped parcels in the area with different amounts of frontage. Tyra-Lukens asked if the kind of situation Mr. Blake brought up is what we would be looking at over the next two years before a final assessment is made. Rue said we could bring back options for a unit assessment and for something that would be tweaked. Chris Burn said he owns Parcel 10 and did not see how a collector road benefits his property. He asked why more of the cost isn't being taken over by more of the other properties. He asked if the speed limit would change on Eden Prairie Road. Rue said we would likely design it at 30 mph. Chris Kline said he owns Parcel 5 and thought we need to figure out before 2014 what the assessment will be. He asked why the road is so expensive and why there is a 9% administrative fee in the estimated costs. We should determine if the road is going to go out to Flying Cloud Drive and that would make a difference in the assessments. We need some kind of a plan before we just approve plans for 3/4 of the road. Deb Peterson said she lives off Turnbull Road. She felt that Eden Prairie Road is a collector road, and in that case we could get state aid for it. She thought the whole project should be looked at all together. She also questioned why the construction road on the MAC property could not be opened. Rue replied we have not approached the Watershed District about a grant for the creek crossing. The other funding source is state aid money, and this road is eligible for state aid; however, we would probably need state aid for the south end as there are very few properties in that section. State aid would be available for the whole project but we would have to pay it back if the road is made into a cul-de-sac. Case asked what percentage of the total project could be state aid. Rue said we used state aid funds to build the interchange at Shady Oak Road, and it will take several years to pay that off. Case asked if any state aid funds are available for this project. Rue said we have a huge demand for state aid funds and the next couple of years of funds will be used for the Shady Oak construction. Nelson asked what the condition of Eden Prairie Road is and if it is considered a safe road. Ellis said the pavement condition is very poor, and it is borderline safe. It CITY COUNCIL MINUTES November 20,2012 Page 9 wasn't designed to carry the amount of traffic it has with the new development and the construction traffic. This project would correct the safety issues. Nelson said she has a little trouble with this being a neighborhood road. With all the varying amounts to be assessed on properties she still has problems with why this road is so different from other 30 mph collector roads in the City. It is a large assessment for the larger properties even if they will be developed. To her it feels like we are not quite ready to proceed with this project. Jeff Schoenwetter, 9750 Sky Lane, said we don't need to do this project. the road needs an overlay, and we need to maintain the connectivity and not cul-de-sac the road. The City needs to revisit the details of the assessment allocation. He did not like that we would agree to spend$4,000,000 without knowing how it will be paid for. He thought the fair share concept is very important to the discussion. He distributed a memo that listed three of his concerns. He pointed out four errors in the information about The Woods at Riley Creek. He said The Meadows will have $333,000 in assessments, but all the water is retained on the property. He was concerned if Eden Prairie Road is going to be a collector or a semi-collector because that is different than a neighborhood street. He was not sure there shouldn't be greater City participation in the cost. He thought MAC should be expected to pay their fair share of the assessments. MOTION: Case moved, seconded by Nelson, to close the public hearing. Motion carried 5-0. Case said, in general, he thought the road should not just be overlaid. He read the resolution proposed for action tonight, noting we will order the beginning of the process of planning in accordance with our local government process. Getschow said staff is saying they have done an analysis of the project and have come forward with a potential plan to pay for it.No plans and specifications for the project are completed yet, and the assessment roll has not been finalized. It is important to get a feel for how to go forward with the assessment roll. This is an action to say we want to move ahead with the information we have. Case said we have heard a lot of concerns about the project tonight. We need to really shore up how we are going to fund this fairly. He was not sure he was comfortable with a lot of the information tonight. He suggested the Council schedule a workshop to work through some of the issues. Nelson asked if the cost for this road is typical. Rue said this is probably a more expensive project than most,primarily because the creek crossing is very expensive. There is a lot of soil correction and some creek realignment needed. Aho thought the issue of safety is critical, and we need to do something to the road soon. We do not want this to be a cul-de-sac. He would like to see a complete plan of what the connection at the south end would be before we just go ahead to approve the plans. We should move forward with doing something,but get a better plan and figure out how to fund this in a fair and equitable manner for everyone. CITY COUNCIL MINUTES November 20,2012 Page 10 MOTION: Butcher Wickstrom moved, seconded by Case, to adopt Resolution No. 2012-152 ordering improvements and preparation of plans and specifications for Eden Prairie Road south of Riley Creek Street and utility improvements. Motion carried 5-0. C. PERRY RYAN by Perry Ryan. Request for: Sloped Ground Review on 1.1 acres. Location: 10197 Eden Prairie Road. Getschow said official notice of this public hearing was published in the November 8, 2012,Eden Prairie News and sent to 11 property owners. The Planning Commission recommended approval of the project at the October 22, 2012 meeting on a 5-0-1 vote. Perry Ryan, 10197 Eden Prairie Road, said he currently has no driveway access to his property. He would be grading in an area with a 10-12 foot elevation difference. He would work with Mr. Rue and would limit the tree disturbance. Tyra-Lukens said it seems like we looked at this some years back and asked how this project is different. Mr. Ryan said he worked with the Engineering Depai tiiient to improve the sight lines and is only asking for access to the property, not zoning for a single family home. There were no comments from the audience. MOTION: Case moved, seconded by Butcher Wickstrom,to close the public meeting and to approve and authorize issuance of a Land Alteration Permit to Perry Ryan for property at 10197 Eden Prairie Road subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated November 20, 2012, as approved by the City Council. Case said the sight lines are a concern but,because this is an agricultural use, he believes Mr. Perry deserves access to it. VOTE ON THE MOTION: Motion carried 5-0. D. 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 No. 2012-153 for PUD Concept Review) Getschow said this item was continued from the previous City Council meeting. It is a request for expansion of the garden area and the addition of a truck rental facility. The item was continued due to concerns about screening of the truck rental area and other issues brought forward by residents in the area. He noted the proponent has relocated the truck rental area behind the garden area and has addressed some of the noise issues. CITY COUNCIL MINUTES November 20,2012 Page 11 Dave Barrows, representing Greenberg Farrow, said their garden center is very successful in the spring, and the area devoted to it when they built the store was not large enough. He noted they have addressed the neighborhood issues and have turned off the loud speaker on the outside of the store. With regard to the Penske truck rental area, he said they don't plan to have many trucks on the lot because they want them rented out. After hearing the concerns at the last meeting they decided to move the truck rental to the garden center side of the building. Case said he visited with neighbors on the north and west sides, and they were still concerned with activity that occurs behind the store during the night time at 2:00 and 3:00 AM. He asked if there are things going on at night that could be done during the day. Mr. Barrows said the Store Manager is also here tonight to hear the concerns. Case said he would like to hear there is a sensitivity that there are residents within 200-300 feet of the store. Mr. Barrows said they respect the concerns of the neighbors, and the Store Manager is hearing the concerns tonight. There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Case, to close the public hearing; to adopt Resolution No. 2012-153 for Planned Unit Development Concept Review on 13.16 acres; to 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; to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions; and to 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. Motion carried 5-0. E. INTERNATIONAL SCHOOL OF MN RESIDENCE HALL ADDITION by Harriss Architects. Request for: Planned Unit Development Concept Review on 58.29 acres, Planned Unit Development District Amendment on 58.29 acres, Zoning District Amendment within the Public Zoning District on 58.29 acres and Site Plan Review on 58.29 acres. Location: 6385 Beach Road. (Resolution No. 2012-154 for PUD Concept Review) Getschow said this project is an amendment to the 1987 Planned Unit Development. The amendment is for a residence hall with three future phases and administration offices. A waiver is required for changing the building height from 30 feet to 42 feet. Official notice of this public hearing was published in the November 8, 2012,Eden Prairie News and sent to 45 property owners. The Planning Commission voted 5-0 to recommend approval of the project. Kelly Grissman, Director of Planning at Three Rivers Park District, said the City required the school to obtain a secondary emergency route through Park District property when the school was originally developed. At this point Three Rivers Park District would like to see the access road go away and go back to being open space. CITY COUNCIL MINUTES November 20,2012 Page 12 They met with the Assistant Fire Chief and he indicated the road would not meet the minimum requirements for an access road. Ellis said he discussed the issue with the Fire Chief and there is no need for the access now. Case asked if legal action is required for this to go away. Jeremiah said it could be done as a modified development agreement when we come back for second reading. Rosow said he did not believe it was opened as a public road so no vacation would be necessary, but staff will check to be sure. Tyra-Lukens asked how many residents are anticipated in the building. The proponent replied there will be 35. MOTION: Case moved, seconded by Aho, to close the public hearing; to adopt Resolution No. 2012-154 for Planned Unit Development Concept Review on 58.29 acres; to approve 1st reading of the ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment within the Public Zoning District on 58.29 acres; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions that there is no longer a need for the secondary access road. Motion carried 5-0. F. SCHUSSLER BARN by Steven Schussler. Request for: Planned Unit Development Concept Review on 2.68 acres, Planned Unit Development District Review with waivers on 2.68 acres, Zoning District Amendment within the Rural Zoning District on 2.68 acres, Heritage Preservation Site Designation, Site Plan Review on 2.68 acres and Conditional Use Permit. Location: 14150 Pioneer Trail. (Resolution No. 2012-155 for PUD Concept Review) Getschow said Mr. Schussler wants to adapt the barn to be used as an event center and build a 432 square foot accessory structure. This requires the property to be designated as a Heritage Preservation Site and requires a Conditional Use Permit. The Planning Commission voted 6-0 to recommend approval of the PUD, zoning amendment and conditional use permit at the October 22, 2012 meeting. Rob Erickson, representing Mr. Schussler, said they want to obtain the rights to become an event center. They want to add an elevator, to make the building handicapped accessible, and to build a shed to the north of the barn to accommodate maintenance equipment. Mr. Schussler has an agreement with Elliott Aviation and Grace Church regarding valet parking for events. He commended City staff for the help they have given during the long process of getting approvals. Tyra-Lukens asked what the maximum capacity will be for the center. Steve Schussler replied it will be 299. Basil Wissner, 8293 Mitchell Road, asked if there will be access for a handicapped bus and spots for handicapped parking. Mr. Erickson said there will be access for a handicapped van. They brought in a large bus to make sure they were able to drive around the building. CITY COUNCIL MINUTES November 20,2012 Page 13 Case thanked Mr. Schussler for saving this historic barn and for his investment in the community. MOTION: Case moved, seconded by Butcher Wickstrom, to close the public hearing; to adopt Resolution No. 2012-155 for Planned Unit Development Concept Review on 2.36 acres; to approve 1st reading of the ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment in the Rural Zoning District on 2.36 acres; and to adopt 1st reading of an ordinance to designate the Goodrich-Ramus Barn as a Heritage Preservation Site. Nelson asked if there will still be room for the cows with the parking plans. Mr. Erickson said they expect the animals to be preserved. Butcher Wickstrom thanked Mr. Schlusser for his perseverance on getting the historical preservation designation. She commented this is a wonderful and creative adaptive reuse that incorporates art, historic preservation and safety. It will be a true asset in the community. VOTE ON THE MOTION: Motion carried 5-0. G. RIDGE AT RILEY CREEK 5TH ADDITION by JMS Custom Homes. Request for: Planned Unit Development Concept Review on 0.76 acres, Planned Unit Development District Review on 0.76 acres, Zoning District Amendment within the R1-13.5 Zoning District on 0.76 acres and Preliminary Plat of 0.76 acres. Location: 9567 Sky Lane. (Resolution No. 2012-156 for PUD Concept Review; Resolution No. 2012-157 for Preliminary Plat) Getschow said The Ridge at Riley Creek 5th Addition was given preliminary approval for five single family lots at the February 21, 2012 City Council meeting. JMS Custom Homes has modified their plan to not include property at 9667 and 9687 Sky Lane. The revised proposal is to re-plat one lot into two lots. There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Nelson, to close the public hearing; to adopt Resolution No. 2012-156 for Planned Unit Development Concept Review on 0.76 acres; to approve 1st reading of the ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment within the R1-13.5 Zoning District on 0.76 acres; to adopt Resolution no. 2012-157 for Preliminary Plat on 0.76 acres into two lots; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Case said in the original proposal the lots were stacked and that would not have made sense; whereas this plan does make sense. VOTE ON THE MOTION: Motion carried 5-0. CITY COUNCIL MINUTES November 20,2012 Page 14 X. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Nelson, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho,Butcher Wickstrom, Case, Nelson and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS A. SCHUSSLER BARN by Steven Schussler. Request for: Second Reading of Ordinance 34-2012 for Heritage Preservation Site Designation, Second Reading of Ordinance 35-2012-PUD-13-2012 for Planned Unit Development Planned Unit Development District Review with waivers on 2.68 acres and Zoning District Amendment within the Rural Zoning District on 2.68 acres, Site Plan Review on 2.68 acres and Conditional Use Permit on 2.68 acres. Location: 14150 Pioneer Trail. (Ordinance No. 34-2012 for Heritage Preservation Site Designation, Ordinance No. 35-2012-PUD-13-2012 for PUD District Review with waivers and Zoning District Amendment in the Rural Zoning,Resolution No. 2012- 158 for Site Plan Review,Resolution 2012-159 for Conditional Use Permit) Getschow said this is the second reading of the Schlusser Barn project. MOTION: Butcher Wickstrom moved, seconded by Case, to approve 2nd reading of Ordinance No. 34-2012 for PUD District Review and Zoning District Amendment in the Rural Zoning District; to approve 2nd reading of Ordinance No. 35-2012 for Heritage Preservation Site Designation; to adopt Resolution No. 2012- 158 for Site Plan Review; and to adopt Resolution 2012-159 for Conditional Use Permit. Motion carried 5-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. SOUTHWEST LRT COMMUNITY ADVISORY COMMITTEE Getschow said John Miller, Supervalu, has agreed to replace Patrick Bernal on the Southwest LRT Community Advisory Committee (CAC). Mr. Bernal recently retired from Supervalu and moved to Florida. MOTION: Nelson moved, seconded by Aho, to appoint John Miller as a representative for the City of Eden Prairie on the Southwest Light Rail Community Advisory Committee. Motion carried 5-0. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Website Award--Mayor Tyra-Lukens CITY COUNCIL MINUTES November 20,2012 Page 15 Tyra-Lukens said the redesigned City website has won a website award from MarCom in the government category. We also won a Digital Cities award. Getschow said we placed first in the Digital Cities award last year, and this year we placed eighth or ninth. That award will be given to us at the National League of Cities conference next week. B. REPORT OF CITY MANAGER 1. Resolution No. 2012-160 Authorizing Issuance of$10,550,000 General Obligation Permanent Improvement Revolving Fund Bonds, Series 2012C for Shady Oak Road North Project Getschow said Paul Donna,Northwest Securities, will present information on the issuance of General Obligation bonds for the Shady Oak Road project. Mr. Donna said part of the process for the bonds is to seek a credit rating from Moody's. The City's rating continues to be AAA. The report mentions the City's tax base and strong financial operations with reserve levels as needed. Tyra-Lukens asked Mr. Donna what his experience has been as to the bond ratings of other Minnesota cities. Mr. Donna said they have seen very few declines in ratings. Minnesota cities have always been very well managed when compared to cities across the country. MOTION: Case moved, seconded by Nelson, to adopt Resolution 2012- 160 authorizing issuance, awarding sale, prescribing the form and details and providing for the payment of$10,550,000 General Obligation Permanent Improvement Revolving Fund Bonds, Series 2012C. Motion carried 5-0. 2. Resolution No. 2012-161 to Submit Comments on the Southwest LRT Draft Environmental Impact Statement (DEIS) Getschow said we have been involved with the Southwest LRT and are now at the phase where a lot is happening. The DEIS for the entire line was released. For a 60-day time period anyone can comment on the document. There were three public meetings scheduled on the DEIS, and the third one will be held Thursday,November 29, the Eden Prairie Council Chamber. He reviewed the proposed comments and said the action requested tonight is to endorse and submit the comments on the DEIS. Tyra-Lukens said the comments are contained in a seven page letter with some tweaks to be made regarding the parking issues. She noted these are the City's comments, but anyone can go to the website and make comments on the DEIS. CITY COUNCIL MINUTES November 20,2012 Page 16 MOTION: Nelson moved, seconded by Aho, to adopt Resolution No. 2012-161 to submit comments on the Southwest Light Rail Transit Draft Environmental Impact Statement. Motion carried 5-0. 3. Appoint Prosecuting Attorney Getschow said we are at the end of a three-year contract with our prosecuting attorney. Staff went out for proposals for the service and received proposals from five firms. Staff narrowed that down to two proposals and are now recommending the appointment of Gregerson, Rosow, Johnson &Nilan. That law firm currently performs civil services for the City, and we see a benefit from the crossover between the civil and criminal services. We would work with them to identify a prosecutor who would then be dedicated to the City at all times. He noted all the proposals received were very close in cost. MOTION: Butcher Wickstrom moved, seconded by Case, to approve the appointment of and enter into an agreement with Gregerson, Rosow, Johnson&Nilan to provide Prosecuting Attorney Services. Motion carried 5-0. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Policy for Management of Nuisance Drainage Issues on Private Property Ellis said staff plans to bring forward at a later meeting a policy about how to deal with drainage,particularly when it is coming from one private property to another private property. The policy would define the City's role and responsibility in such issues. Tyra-Lukens asked if staff will be creating the policy. Ellis said staff is reviewing policies used by other cities and should have something to bring forward in December or January. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT CITY COUNCIL MINUTES November 20,2012 Page 17 MOTION: Case moved, seconded by Butcher Wickstrom, to adjourn the City Council meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 10:00 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 4, 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 2013 Renewal Licenses 2AM Closing Permit- Renewal Wadsworth Old Chicago Inc On-Sale Liquor DBA: Old Chicago Kabuki, Inc DBA: Kabuki Restaurant Raffle Organization: USAFA Parents Club of Minnesota On-Sale and Sunday Liquor Event: All Academy Ball Place: Olympic Hills Golf Club Apple Minnesota LLC 10625 Mount Curve Road DBA: Applebee's Neighborhood Grill &Bar Date: December 28, 2012 Bearpath Golf& Country Club, Ltd Ptsp of MN DBA: Bearpath Golf& Country Club New Liquor Licenses—2012 & 2013 Licensee name: ZLT L.L.C. Bent Creek Golf Club, Inc DBA: Zorba's Authentic Greek Cuisine DBA: Bent Creek Golf Club 6407 City West Parkway, Suite C7 Biaggi's Ristorante Italiano, LLC Licensee name: INDIA SPICE HOUSE LLC DBA: Biaggi's Ristorante Italiano DBA: india spice house 8445 Joiner Way Leiserv, Inc DBA: Brunswick Zone—Eden Prairie New Liquor License—2012 & 2013 BUCA Restaurants 2, Inc —Licensee Name Change DBA: BUCA di BEPPO Backstreet Kitchen LLC (Formerly: Backstreet Kitchen Inc) Campiello, LLC DBA: Backstreet Kitchen DBA: Campiello Champps Operating Corporation DBA: Champps Americana - 1 - City Council Agenda [Insert Meeting Date] Item Description Page 2 Courtyard Management Corporation Santorini Y Not, Inc DBA: Courtyard By Marriott DBA: Santorini Don Pablo's Operating LLC Sky Food Catering Inc. DBA: Don Pablo's Grille Mexicana DBA: Sky Food Catering TA, Inc Wildfire Eden Prairie, LLC DBA: Great Mandarin DBA: Wildfire Purple Star, Inc Norish Enterprises LLC DBA: Green Mill of Eden Prairie DBA: Woody's Grille FCH Eden Prairie, LLC DBA: Hilton Garden Inn On-Sale Wine with Strong Beer Noble I/HY Minneapolis Op Co LLC Chipotle Mexican Grill of Colorado, LLC DBA: Hyatt Place Minneapolis Eden Prairie DBA: Chipotle Eden Prairie Jakes, Inc Detello's, Inc DBA: Jake's City Grille DBA: Detello's Pizza& Pasta Kona Sushi, Inc. Puregrace LLC DBA: Kona Grill DBA: Dunn Bros Coffee Wadsworth Old Chicago, Inc D &D of Minnesota, Inc DBA: Old Chicago DBA: Famous Dave's Olympic Hills Corporation India Palace New, Inc DBA: Olympic Hills Golf Club DBA: India Palace New Osaka Eden Prairie Inc. JJ's Coffee Co. LLC DBA: Osaka DBA: JJ's Coffee Co &Wine Bar LTF Club Operations Company, Inc Lions Tap, Inc DBA: RARE DBA: Lions Tap IESANDERS LLC The Noodle Shop Co., --Colorado, Inc DBA: Panino Brothers DBA: Noodles & Company Redstone American Grill, Inc Pei Wei Asian Diner, Inc DBA: Redstone American Grill DBA: Pei Wei Asian Diner RT Minneapolis Franchise, LLC Civitali Restaurant Corporation DBA: Ruby Tuesday DBA: Punch Neapolitan Pizza City Council Agenda [Insert Meeting Date] Item Description Page 3 Red Moon Chinese Café, Inc PDQ Food Stores, Inc DBA: Red Moon Chinese Café DBA: PDQ Store #215 Smashburger Acquisition—Minneapolis LLC RBF Corp. of Wisconsin DBA: Smashburger DBA: Rainbow Foods #8848 KMB Ventures, Inc Northern Tier Retail LLC DBA: Umbria Gourmet Pizzeria DBA: SuperAmerica#4159 Northern Tier Retail LLC On-Sale Club DBA: SuperAmerica#4269 Eden Prairie Lions Club, Inc Northern Tier Retail LLC DBA: Eden Prairie Lions Club DBA: SuperAmerica#4441 3.2 Beer On-Sale Cigarette & Tobacco Products Davanni's, Inc Anderson Oil Marketing Inc DBA: Davanni's Pizza&Hot Hoagies DBA: Anderson Market Eden Prairie HHP II LLC KO-B, INC DBA: Hampton Inn DBA: Aztec BP AMK Research Services LLC Bearpath Golf& Country Club, Ltd Ptsp of MN DBA: Inside Edge Golf DBA: Bearpath Golf& Country Club CSM RI Eden Prairie, LLC Bent Creek Golf Club, Inc DBA: Residence Inn by Marriott DBA: Bent Creek Golf Club Minneapolis Southwest Bobby& Steve's Auto World Eden Prairie, LLP DBA: Bobby& Steve's Auto World Eden 3.2 Beer Off-Sale Prairie Bobby& Steve's Auto World Eden Prairie, LLP Colonial Auto Inc DBA: Bobby& Steve's Auto World Eden DBA: BP Amoco Prairie Caroline's LLC Jerry's Enterprises, Inc DBA: Carolines DBA: Cub Foods Jerry's Enterprises, Inc Jerry's Enterprises, Inc DBA: Cub Foods Eden Prairie DBA: Jerry's Foods Grand St. Paul CVS, LLC DBA: CVS/pharmacy#3562 City Council Agenda [Insert Meeting Date] Item Description Page 4 Luxus Corporation Walgreen Co. DBA: Eden Prairie Gas &Wash DBA: Walgreens #06280 Purple Star, Inc Walgreen Co. DBA: Green Mill of Eden Prairie DBA: Walgreens #05080 HOLIDAY STATIONSTORES, INC DBA: Holiday Stationstore#343 Walgreen Co. DBA: Walgreens #12044 HOLIDAY STATIONSTORES, INC DBA: Holiday Stationstore#386 Wal-Mart Stores, Inc DBA: Wal-Mart Store#1855 HOLIDAY STATIONSTORES, INC DBA: Holiday Stationstore#402 KO-B, Inc DBA: Hwy 5 BP Jerry's Enterprises, Inc DBA: Jerry's Foods Eden Prairie Olympic Hills Corporation DBA: Olympic Hills Golf Club PDQ Food Stores, Inc DBA: PDQ Store #215 RBF Corp. of Wisconsin DBA: Rainbow Foods #8848 Redstone American Grill, Inc DBA: Redstone American Grill Snacks & Drinks DBA: Snacks & Drinks Northern Tier Retail LLC DBA: SuperAmerica#4159 Northern Tier Retail LLC DBA: SuperAmerica#4269 Northern Tier Retail LLC DBA: SuperAmerica#4441 CITY COUNCIL AGENDA DATE: December 4, 2012 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Community Development/Planning Mitchell Crossing Apartments Janet Jeremiah/ 2012 Requested Action Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Community Commercial to RM-2.5 on 3.105 acres; and • Adopt Resolution for Site Plan Review on 3.105 acres; and • Approve the Development Agreement for Mitchell Crossing Apartments 2012 Synopsis This is final approval for a 192 unit apartment project that requires a guide plan change and waivers from the City code for density, height, setbacks, parking and site area per unit. On October 31, 2012 the Metropolitan Council approved the guide plan change and authorized the City to put the amendment into effect. The City can now proceed to rezone the property to High Density Residential in conformance with the guide plan change. Background Information The applicant has submitted a letter requesting an extension of the 120-Day Review period until January 10, 2013. Attachments 1. Ordinance for PUD District Review 2. Summary Ordinance 3. Resolution for Site Plan Review 4. Development Agreement 5. Review Period Extension Letter MITCHELL CROSSING APARTMENTS 2012 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 36-2012-PUD-14-2012 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the C-Comm Zoning District and be placed in the RM-2.5 Zoning District 36-2012-PUD-14-2012 (hereinafter "PUD-1 4-20 12-RM-2.5"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of December 4, 2012 entered into between Eden Prairie Development, LLC, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-14-2012-RM-2.5, and are hereby made a part hereof Section 4. The City Council hereby makes the following findings: A. PUD-14-2012-RM-2.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-14-2012-RM-2.5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-14-2012-RM-2.5 are justified by the design of the development described therein. D. PUD-14-2012-RM-2.5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the C-Comm Zoning District, and placed in the RM-2.5 Zoning District and shall be included hereafter in the Planned Unit Development PUD-14-2012-RM-2.5 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 21st day of August, 2012, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 4th day of December, 2012. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2012. EXHIBIT A Before Final Plat Legal Description PARCEL 1: OUTLOT A, MITCHELL CROSSING 2ND ADDITION, HENNEPIN COUNTY, MINNESOTA PARCEL 2: OUTLOT B, MITCHELL CROSSING, HENNEPIN COUNTY, MINNESOTA PARCEL 3: Lot 1, Block 1, Edenvale Recreation Center 2nd Addition, Hennepin County, Minnesota, Excepting therefrom, that part of Lot 1, Block 1, lying southerly of the easterly extension of the north line of Lot 2, Block 2, the northerly line of Lot 2, Block 1, extended easterly to a point of intersection with the easterly line of Lot 2, Block 1, extended northerly all in Edenvale Recreation Center 2nd Addition; And excepting therefrom that part of Lot 1, Block 1, lying easterly of the northerly extension of the west line of Lot 3, Block 1, and southerly of a line parallel with and ten (10') feet northerly of the north line of Lot 3, Block 1, and westerly of a line parallel with and thirty (30') feet easterly of the northerly extension of the west line of Lot 3, Block 1, and northerly of the north line of Lot 3, Block 1, all in Edenvale Recreation Center 2nd Addition; And excepting therefrom that part shown as parcel 93 on Minnesota Department of Transportation right of way Plat Number 27-91, filed in the office of the Hennepin County Recorder, on April 29, 1999, as Document No. 6888395. After Final Plat Legal Description Five Mitchell Crossings, Hennepin County, Minnesota MITCHELL CROSSING APARTMENTS 2012 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 36-2012-PUD-14-2012 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at Mitchell Road& Cochrane Lane from the Community Commercial Zoning District to the RM-2.5 Zoning District on 3.105 acres. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen. Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2012. (A full copy of the text of this Ordinance is available from City Clerk.) MITCHELL CROSSING APARTMENTS 2012 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR MITCHELL CROSSING APARTMENTS 2012 BY EDEN PRAIRIE DEVELOPMENT, LLC WHEREAS, Eden Prairie Development, LLC, has applied for Site Plan approval of Mitchell Crossing Apartments 2012 to construct a 192 unit apartment building,by an Ordinance approved by the City Council on December 4, 2012; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its August 13, 2012 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its August 21, 2012 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that site plan approval be granted to Mitchell Crossing Apartments 2012 based on the Development Agreement between Eden Prairie Development, LLC and the City of Eden Prairie,reviewed and approved by the City Council on December 4, 2012. ADOPTED by the City Council of the City of Eden Prairie this 4th day of December, 2012. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk DEVELOPMENT AGREEMENT MITCHELL CROSSING APARTMENTS 2012 THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of December 4, 2012 by Eden Prairie Development, LLC a limited liability company, hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Guide Plan Change from Community Commercial to High Density Residential on 3.105 acres, Planned Unit Development Concept Review on 3.105 acres, Planned Unit Development District Review with waivers on 3.105 acres, Zoning District Change from Community Commercial to the RM-2.5 Zoning District on 3.105acres, Site Plan Review on 3.105 acres, and Preliminary Plat of 3.105 acres into one lot, one outlot, and road right-of-way legally described on Exhibit A(the "Property"); NOW, THEREFORE, in consideration of the City adopting Resolution No. for Guide Plan Change, Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from to on acres, Resolution No. for Site Plan Review, and Resolution No. for Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated August 21, 2012, reviewed and approved by the City Council on August 21, 2012 (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. DEDICATION OF PARK LAND: Prior to release of final plat for the Property, Developer shall tender a warranty deed for proposed (Legal Description) for review and written approval by the Director of Parks and Recreation Services. After approval by the City, Developer shall file the warranty deed with the Hennepin County Recorder/Registrar of Title as appropriate immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns. Prior to the issuance of the first building permit for the Property, Developer shall submit to the City Engineer proof that the warranty deed has been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office. 4. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City shall give 24 hour notice of such violation in order to allow a cure of such violation, provided, however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing,unless waived by City. The existence of a violation of City Code or failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 5. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release, defend and indemnify City, its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 6. EXTERIOR MATERIALS: Prior to building permit issuance, Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 7. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland information, including wetland boundaries, wetland buffer strips and wetland buffer monument locations; all Stormwater Facilities, such as water quality ponding areas, stormwater detention areas, and stormwater infiltration systems; and any other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the Stormwater Facilities conform to the final grading plan and that the Stormwater Facilities are functioning in accordance with the approved plans. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan (SWPPP). The design professional shall provide a final report to the City certifying completion of the grading in conformance with the approved final grading plan and SWPPP. In addition, the design professional retained by the Developer to perform the monitoring of the Project shall be responsible for all monitoring, data entry and reporting to the PermiTrack ESC web-based erosion and sediment permit tracking program utilized by the City. B. STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities, including detention basins, retention basins, "Stormwater Infiltration" or "Filtration Systems" (such as rainwater gardens, vegetated swales, infiltration basins, vegetated filters, filter strips, curbless parking lot islands, parking lot islands with curb-cuts, traffic islands, tree box filters, bioretention systems or infiltration trenches) or "Underground Systems" (such as media filters, underground sand filters, underground vaults, sedimentation chambers, underground infiltration systems, pre-manufactured pipes, modular structures or hydrodynamic separators) shall be maintained by the Developer during construction and for a minimum of two (2) full growing seasons after completion of the development to ensure that soil compaction, erosion, clogging, vegetation loss, channelization of flow or accumulation of sediment are not occurring, and thereafter by the Owner of the Property. Planting and Maintenance Plans for the Stormwater Facilities (where appropriate) to ensure that the Stormwater Facilities continue to function as designed in perpetuity must be submitted prior to release of the first building permit for the Development. Developer shall employ the design professional who prepared the final grading plan to monitor construction of the Stormwater Facilities for conformance to the Minnesota Pollution Control Agency publication entitled "State of Minnesota Storm Water Manual" dated November, 2005, the approved final grading plan and the requirements listed herein. All inspections of the underground systems shall be performed by personnel that have approved OSHA confined space training. Maintenance techniques must be used during construction to protect the infiltration capacity of all Stormwater Infiltration Systems by limiting soil compaction to the greatest extent possible. This must include delineation of the proposed infiltration system with erosion control fencing prior to construction; installation of the infiltration system using low-impact earth moving equipment; and not allowing equipment, vehicles, supplies or other materials to be stored or allowed in the areas designated for stormwater infiltration during construction. In areas of structural infiltration, Developer shall prior to construction of the infiltration system provide a plan that addresses: (i) construction management practices to assure the infiltration system will be functional; (ii) erosion control measures; (iii) infiltration capacity; (iv) performance specifications that the completed infiltration system must meet to be considered functional by City and (v) corrective actions that will be taken if the infiltration system does not meet the performance specification. All Stormwater Infiltration Systems must be inspected prior to final grading to ensure that the area is infiltrating as proposed and to determine if corrective measures are required to allow infiltration as proposed. Field verification of post-construction infiltration rates must be provided to the City within 30 days after the first rainfall event of 1/2 inch or greater after the Stormwater Infiltration Systems become operational. If infiltration rates are reduced a plan to restore adequate infiltration must be provided within 90 days of the field verification test. The work required to bring the Stormwater Infiltration System back into compliance be implemented within 60 days of City approval of the plan. Pervious surfaces shall be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the Stormwater Infiltration Systems. Stormwater Infiltration Systems that are constructed under a building shall be designed for maintenance access and installed in conformance with the standards outlined in The Minnesota Stormwater Manual (November, 2005) and/or the Plans. The System shall be kept off-line until construction is complete. Field verification of post-construction infiltration rates must be provided to the City within 30 days after the first rainfall event of one-half inch or greater following the Stormwater Infiltration Systems becoming operational. If the infiltration rates are reduced by construction, a plan to restore adequate infiltration must be provided within 90 days of the field test. C. STORMWATER FACILITY INSPECTION AND MAINTENANCE: A Stormwater Maintenance Plan must be provided for operation and maintenance of all Stormwater Facilities to ensure they continue to function as designed in perpetuity prior to issuance of the Land Alteration Permit. The Stormwater Maintenance Plan must identify and protect the design, capacity and functionality of all Stormwater Facilities. The Maintenance Plan must contain at a minimum: the party(s) responsible for maintenance; access plans; inspection frequency; methods used for field verification of infiltration for Stormwater Infiltration Systems; routine and non-routine inspection procedures; sweeping frequency for all parking and road surfaces; plans for restoration of reduced infiltration for Stormwater Infiltration Systems; and plans for replacement of failed systems, all pursuant to and in accordance with Eden Prairie City Code Section 11.55, Subd. 8. During construction and for two years following completion of construction, all Stormwater Facilities shall be inspected at a minimum of once annually to determine if the Stormwater Facility(s) is treating stormwater as designed and should occur within 72 hours after a rainfall event of one inch or greater to verify infiltration. All Stormwater Facilities shall be kept free of debris, litter, invasive plants and sediment. Erosion impairing the function or integrity of the Stormwater Facilities, if any, must be corrected and any structural damage impairing or threatening to impair the function of the Stormwater Facilities must be repaired. The following criteria must be included in the inspection: A storage treatment basin (including retention and detention basins) shall be considered inadequate if sediment has decreased the wet storage volume by 50 percent or dry storage volume by 25 percent of its original design volume. A Stormwater Infiltration System shall be considered inadequate if sediment has accumulated that impairs or has the potential to impair infiltration of stormwater. An underground storage chamber shall be considered inadequate if sediment has decreased the storage volume by 50 percent of its original design volume. Based on this inspection, if a Stormwater Facility requires cleanout, the Stormwater Facility shall be restored to its original design and/or the infiltration capacity of the underlying soils must be restored and any surface disturbance must be stabilized within one year of the inspection date. Sediment, debris, litter or other vegetation removal in Stormwater Infiltration Systems shall be by hand or with a flat-bottomed shovel or rake during dry periods. Only enough sediment shall be removed as needed to restore hydraulic capacity, leaving as much of the vegetation in place as possible. Any damaged turf or vegetation shall be reseeded or replaced. After the two-year period of maintenance, the Owner of the Property shall continue to be responsible for maintenance of the Stormwater Facilities. This shall include inspections at a minimum of once per every five years. Regular maintenance shall be conducted and must include regular sweeping of private streets,parking lots or drive aisles at a minimum of once per year; debris and litter removal; removal of noxious and invasive plants; removal of dead and diseased plants; maintenance of approved vegetation; re-mulching of void areas; replanting or reseeding areas where dead or diseased plants were removed; and removal of sediment build-up. Sediment build-up in above-ground Stormwater Infiltration or Filtration Systems shall be removed by hand. Areas above Underground Systems shall be kept free of structures that would limit access to the System for inspections, maintenance or replacement. D. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to issuance of a land alteration permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures, concrete truck washout areas and any other best management practices to be utilized within the Project. Prior to release of the grading bond, Developer shall complete implementation of the approved SWPPP. 8. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 9. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property depicting a total of 490 caliper inches. The approved landscape plan shall be consistent with the quantity, type, and size of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's written approval of a security in the form of a bond, cash escrow or letter of credit, equal to 150% of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 10. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit, water meters, and standard heating, ventilating, and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If, after completion of the construction of the mechanical equipment screening, it is determined by the City Planner, in his or her sole discretion, that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 11. PERFORMANCE STANDARDS: Developer agrees that the Property will be operated in a manner meeting all applicable noise, vibration, dust and dirt, smoke, odor and glare laws and regulations. Developer further agrees that the facility upon the Property shall be operated so noise, vibration, dust and dirt, smoke, odor and glare do not go beyond the Property boundary lines. 12. PROOF OF PARKING SPACES: Developer and City acknowledge that the 24 proof of parking spaces proposed for the Property, depicted in the Plans, are designated for use by the tenants and that said spaces are not required to be constructed at this time. At such time as the City Manager, in his or her sole discretion, determines that it is necessary for all or a portion of the proof of parking spaces to be constructed in order to accommodate the use, the City Manager shall notify the Developer in writing of the need to construct additional proof of parking spaces. This notification shall include the number, location and timetable for construction of the additional proof-of-parking spaces. Developer shall comply with all requirements contained in the City Manager's notification. At such time as City Manager determines that the proof of parking spaces is to be constructed, Developer may petition the City pursuant to Minnesota Statutes Chapter 429 to construct the proof of parking spaces and assess the cost against the Property. If the Developer petitions the City to construct the proof of parking stalls the Developer shall grant the City a right of entry and such temporary easements in such locations as the City deems necessary for said construction, including but not limited to the most easterly twenty feet of Lot 1, Block 1 of Five Mitchell Crossings. The parking stalls on the south side of the building/north side of Cochran Lane as shown on the Plans shall be owned and maintained by City except for snow removal which shall be Developer's responsibility. The parking stalls on the west side of Cochran Lane and the east side of apai tinent building (10 initially and 24 proof of parking stalls) shall be owned and maintained by Developer and available for public use pursuant to the easement to be granted to the City. 13. PUD WAIVERS GRANTED: The City hereby grants the following waivers to City Code requirements within the RM — 2.5 District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD (list PUD number): Density from 17.4 to 61.83 units per acre. Parking from 2.0 to 1.06 spaces per unit for studio apartments. Front yard structure setback from 35 feet to 16 feet at the northeast corner at Martin Drive and Cochran Lane; to 18 feet the remainder of the length on Cochran Lane; and to 18 feet along Mitchell Road. Parking setback from 17.5 feet to 0 on the east side of the site along Cochran Lane. Building height from 45 feet to 83 feet. Site area per dwelling unit from 2,500 sf to 718 sf. The waivers are only effective where depicted on the Plans. Approval of the waiver for less parking is condition on providing one shared/pooled automobile and 10 bicycles. The Developer shall keep records on the actual (not estimated) use of the automobile and bicycles (hereinafter "Vehicle Use Records"). The Developer may request that the City Council remove the condition of the one shared/pooled automobile and/or the 10 bicycles no earlier than 18 months after the date of 100% occupancy. The Developer shall submit the Vehicle Use Records to the City with its request. The City Council may in its sole discretion determine to retain, reduce or eliminate the condition. 14. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in the Plans. These plans shall include details with respect to the height, type of materials, and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. 15. SIDEWALK AND TRAILS FOR PUBLIC USE: A. Prior to issuance by City of any building permit on the Property, Developer shall submit to the Director of Parks and Recreation Services and obtain the Director's written approval of detailed plans for sidewalks and trails to be constructed off the Property and public right-of-way. Prior to release of any portion of the final plat, Developer shall convey to the City by outlot or easements as provided below for such sidewalks and trails in such locations as determined by the Director of Parks and Recreation Services. These sidewalks and trails shall be constructed by the Developer/Property Owner and will be allowed in the public right-of-way by an "Encroachment agreement." The Encroachment agreement, attached hereto as Exhibit D shall define the ownership and maintenance responsibilities for the sidewalks and trails (and parking stalls) and shall permit the use of these sidewalks and trails (and parking stalls) for public use. Sidewalks and trails shall be constructed in the following locations: (a) A five-foot wide concrete sidewalk to be located (along the south side of Martin Drive and the west side of Cochran Lane) as depicted in the Plans. (b) An eight-foot wide decorative concrete sidewalk to be located (along the north side of Cochran Lane) as depicted in the Plans. B. Prior to the issuance by the City of any building permit on the Property, Developer shall submit to the City Engineer and obtain the City Engineer's written approval of detailed plans for sidewalks and trails to be constructed within the public right-of-way or on the Property adjacent to Cochran Lane. Prior to the release of any portion of the final plat, Developer shall convey by warranty deed to the City Outlots for a three (3) foot wide soft surface nature trail/boardwalk to be located from Cochran Lane to the bridge which crosses Purgatory Creek east of the Property in such locations as determined by the Director of Parks and Recreation Services and the City Engineer. C. After approval by the City, Developer shall file the sidewalk and trail easements and Warranty Deed for Outlot with the Hennepin County Recorder/Registrar of Title as appropriate immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns. D. Prior to the issuance of the first building permit for the Property, Developer shall submit to the City Engineer proof that the sidewalk and trail easements and Warranty Deed for Outlot have been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office in accordance with the requirements of this paragraph. Developer shall complete implementation of the approved plans in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property. Bonding in accordance with City Code shall be required for sidewalk construction. 16. PARKING STALLS: Prior to the issuance by the City of any building permit on the Property, Developer shall submit to the City Engineer and obtain the City Engineer's written approval of detailed plans for parking stalls (both parallel and perpendicular) or other street construction to be constructed within the public right-of-way or on the Property adjacent to Cochran Lane, including the driveway loop at the main entrance to the building identified on the Plans. Developer shall not preclude the public from using the driveway loop at the main entrance to the building as a turn-around for Cochran Lane. The parallel parking stalls along the north side of Cochran Lane shall be maintained by the City with the exception of the snow removal which shall be maintained by the Developer. The perpendicular parking stalls along the west side of Cochran Lane and any future proof of parking stalls shall be maintained by the Developer and will be allowed in the public right-of-way by an "Encroachment Agreement." The Developer's responsibility to maintain, repair, and reconstruct the parking stalls shall include but are not limited to; pavement, curb and gutter, striping, signing, snow and ice removal, required handicapped stalls and signing, etc. meeting all applicable laws and regulations regarding public parking. The "Encroachment Agreement" (Exhibit D) shall define the ownership and maintenance responsibilities for parking stalls (and sidewalks and trails) and shall permit the use of these parking stalls (and sidewalks and trails) for public use. The entry loop in front of the building shall at all times be open and available for public use for ingress and egress access. Prior to the issuance by City of any building permit on the Property, Developer shall submit to the City Engineer and obtain the City Engineer's written approval of detailed plans for the parking stalls (both parallel and perpendicular) or other street construction to be constructed within the public right-of-way or on the Property adjacent to Cochran Lane. Prior to release of any portion of the final plat, Developer shall convey to the City easements for such parking stalls in such locations as determined by the City Engineer. After approval by the City, Developer shall file the parking easements with the Hennepin County Recorder/Registrar of Title as appropriate immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns. Prior to issuance of the first building permit for the Property, Developer shall submit to the City Engineer proof that the parking easements have been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office in accordance with the requirements of this paragraph. Developer shall complete implementation of the approved plans in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property. Bonding in accordance with City Code shall be required for street construction. 17. PUBLIC STREET, UTILITY, AND STORM SEWER PLANS: Prior to issuance by the City of any permit for the construction of streets, utilities and storm sewer for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's written approval of plans and specifications for public streets, sanitary sewer, water and storm sewer. Plans for public infrastructures shall be of a plan view and profile on 24" x 36" or 22" x 34" plan sheets designed to City specifications and standards. Prior to release of the final plat for the Property, Developer shall furnish to the City Engineer and receive the City Engineer's written approval of a surety equal to 125% of the cost of said improvements. A permit fee of five percent (5%) of construction value shall be paid to City by Developer. The design engineer shall provide daily inspection, certify completion in conformance to approved plans and specifications and provide record drawings prior to release of the final surety of the project. In addition, Exhibit B shall include a plan sheet that identifies public and private infrastructure as it relates to sanitary sewer, watermain, storm sewer, ponding and infiltration basins, parking stalls, etc. which, subject to approval of the City Engineer, may need to be modified after City approval of the final construction plans. 18. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code Section 11.70, Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location, the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction, and location of any such sign, consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code Section 11.70, Subdivision 5a. 19. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All pole lighting shall consist of lantern style as proposed by Developer in its application not to exceed 30 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 20. SITE AMENITIES PLAN AND CONSTRUCTION DETAILS: Prior to building permit issuance for the Property, Developer shall submit to the City Planner and obtain the City Planner's written approval of a Site Amenities Plan. The Site Amenities Plan shall include, but not be limited to the following: decorative sidewalks and plazas; decorative concrete and staining sidewalks, decorative lighting, bollards, benches, decorative planters, decorative trash receptacles, decorative fence, an outdoor rooftop area with decorative rock, field turf, cabanas, television, fire pit, grill, trellis, outdoor seating, 10 trees, and 65 shrubs/decorative planters with annuals and perennials as depicted in the Plans. 21. WETLAND PLAN: Prior to release of the land alteration permit for any portion of the Property, Developer shall submit to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan. The approved Wetland Plan shall be consistent with the materials and requirements shown on the Plans and as required by City Code. The Plan shall include the following elements: A. Wetland Delineation: The wetland within Outlot A was not delineated as part of the project approval. If a trail or other development occurs within Outlot A, the Developer shall submit to the City a Wetland Delineation Report in accordance with the Wetland Plan and City Code requirements for the area within 50 feet of the boundary of the proposed trail corridor. If the Delineation Report identifies any unacceptable vegetation per city code, the wetland and/or wetland buffer strip shall be graded, treated, reseeded and/or replanted (thereon known as "Landscaping," or "Landscaped") by the Developer within 90 days of submission of the Report or within 90 days after receipt of a wetland permit for wetland alteration. If the Wetland Plan is submitted after September 30th, the Landscaping must be completed by June 30th of the following year. If Landscaping of the wetland and/or wetland buffer strip is required, the Developer shall submit a signed statement by a qualified wetland consultant, as determined by the City Manager, stating that the wetland and/or wetland buffer strip vegetation complies with all City requirements within 30 days of completion of the Landscaping of the wetland and/or wetland buffer strip. B. Annual Wetland and Wetland Buffer Strip Evaluation: Developer shall submit a signed contract with a qualified wetland consultant, as determined by the City Manager and/or designee, for preparation of an Annual Wetland and Wetland Buffer Strip Evaluation Report (Annual Buffer Report) for the area defined in Subdivision 21.A of this Agreement that evaluates the condition of the wetland(s) and wetland buffer strip(s) and to determine if they are in compliance with all City requirements. The Annual Buffer Report shall provide both an action plan and proposed cost for the correction of all problems identified within the wetland(s) and/or wetland buffer strip(s). The first Annual Buffer Report shall be submitted no later than November 1 of the calendar year in which construction of the wetland and/or wetland buffer strip is commenced. Thereafter, this report shall be submitted annually until two full growing seasons following completion of the trail have passed, at which point a final Annual Report shall be submitted. The final Annual Buffer Report shall evaluate the wetland(s) and wetland buffer strip(s) for the area defined in Subdivision 21.A 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 Report or final Annual Buffer Report, the Developer shall correct the area(s) identified within 90 days of submission of the Annual Buffer Report. C. Conservation Easement: Intentionally Deleted D. Wetland Buffer Strip Monuments: The Wetland Plan shall include a plan to install wetland buffer strip monuments along the trail corridor for the property prior to release of the first building permit for any portion of the Property. The Security referred to in paragraph 22.E below shall include the cost for location, including surveying and installation of the monuments. Wetland buffer strip monument locations shall be shown on the final grading plan and final plat. 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 "City Property: No Mowing Allowed: 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. Removal of the wetland buffer strip monuments is prohibited. E. Wetland Performance Bond: Developer shall furnish to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan performance bond, cash escrow, or letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager (hereinafter referred to as the "Security") equal to 150% of the cost, as estimated by the City Manager, of completing said Wetland Plan requirements and/or Landscaping as depicted on the Plans and as required by City Code. Said Security shall cover costs associated with the Wetland Plan during development and for two full growing seasons following completion of the development. If Developer fails to implement the Wetland Plan in accordance with its terms, the City may draw upon the Security in whole or in part to pay the cost of implementation. IN WITNESS WEHREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE By: Nancy Tyra-Lukens Its: Mayor By: Rick Getschow Its: City Manager STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 2012, by Nancy Tyra-Lukens and Rick Getschow, respectively the Mayor and City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation. Notary Public Eden Prairie Development, LLC By: Its: STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN) The foregoing instrument was acknowledged for before me this day of , 2012, by , the , of , a , on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A Before Final Plat Legal Description PARCEL 1: OUTLOT A, MITCHELL CROSSING 2ND ADDITION, HENNEPIN COUNTY, MINNESOTA PARCEL 2: OUTLOT B, MITCHELL CROSSING, HENNEPIN COUNTY, MINNESOTA PARCEL 3: Lot 1, Block 1, Edenvale Recreation Center 2nd Addition, Hennepin County, Minnesota, Excepting therefrom, that part of Lot 1, Block 1, lying southerly of the easterly extension of the north line of Lot 2, Block 2, the northerly line of Lot 2, Block 1, extended easterly to a point of intersection with the easterly line of Lot 2, Block 1, extended northerly all in Edenvale Recreation Center 2nd Addition; And excepting therefrom that part of Lot 1, Block 1, lying easterly of the northerly extension of the west line of Lot 3, Block 1, and southerly of a line parallel with and ten (10') feet northerly of the north line of Lot 3, Block 1, and westerly of a line parallel with and thirty (30') feet easterly of the northerly extension of the west line of Lot 3, Block 1, and northerly of the north line of Lot 3, Block 1, all in Edenvale Recreation Center 2nd Addition; And excepting therefrom that part shown as parcel 93 on Minnesota Department of Transportation right of way Plat Number 27-91, filed in the office of the Hennepin County Recorder, on April 29, 1999, as Document No. 6888395. After Final Plat Legal Description Five Mitchell Crossings, Hennepin County, Minnesota EXHIBIT B DEVELOPMENT AGREEMENT—MITCHELL CROSSING APARTMENTS 2012 C1.01 E Title Sheet dated 8/16/12 by mfra C2.01 E Existing Conditions Plan dated 8/16/12 by mfra C2.02 E Preliminary Plat dated 8/16/12 by mfra C2.03 E Adjacent Land Owners 8/16/12 by mfra C3.O 1 E Preliminary Site Plan dated 8/16/12 by mfra C4.01 E Preliminary Grading and Drainage Plan dated 8/16/12 by mfra C5.01 E Preliminary Erosion Control Plan Phase 1 dated 8/16/12 by mfra C5.02 E Preliminary Erosion Control Plan Phase II dated 8/16/12 by mfra C5.03 E Preliminary Erosion Control Notes & Details dated 8/16/12 by mfra C6.01 E Preliminary Utility Plan dated 8/16/12 by mfra C9.01 E Construction Details dated 8/16/12 by mfra L1.01 E Preliminary Landscape Plans dated 8/16/12 by mfra LT1.01 E Preliminary Photometric Plan dated 8/16/12 by mfra XXXXX Preliminary Public and Private Infrastructure Exhibit by mfra A200 Lower Level Floor Plan dated 8/15/12 by Mohagen Hansen Architectural Group A201 First Level Floor Plan dated 8/15/12 by Mohagen Hansen Architectural Group A202 Second Level Floor Plan dated 8/15/12 by Mohagen Hansen Architectural Group A203 Third- Sixth Level Floor Plans dated 8/15/12 by Mohagen Hansen Architectural Group A300 Exterior Elevations dated 8/15/12 by Mohagen Hansen Architectural Group A301 Exterior Elevations dated 8/15/12 by Mohagen Hansen Architectural Group A400 Enlarged Typical Unit Plans dated 8/15/12 by Mohagen Hansen Architectural Group EXHIBIT C DEVELOPMENT AGREEMENT—MITCHELL CROSSING APARTMENTS 2012 I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan (1" = 100' scale) showing existing and proposed contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, water main, and storm sewer, 100-year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails, and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. IV. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. V. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VI. Developer represents that it has marketable fee title to the Property, except: INSERT ANY NAME/COMPANY LISTED IN ANY OWNER'S SUPPLEMENT TO THE DEVELOPER'S AGREEMENT) With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval, Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Property, any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. VIII. Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years' street lighting on the public streets adjacent to the Property (including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. IX. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshall. X. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees, therefore, that in the event Developer violates, fails, or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XI. Developer shall, prior to the commencement of any improvements, provide written notice to Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, 9705 Data Park, Minnetonka, Minnesota 55343. XII. Prior to building permit issuance, all fees associated with the building permit shall be paid to the Inspections Department, including; Building permit fee, plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIII. Prior to building permit issuance, except as otherwise authorized in the approved Plan, existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XIV. Prior to building permit issuance, provide two copies of an approved survey or site plan (1" = 200' scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XV. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVI. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVII. Deleted Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four foot tall posts. A 2 1/2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary, City of Eden Prairie", will be affixed to the top of the post. XVIII. Within 10 days of the approval of the Development Agreement, the Developer shall record the Development Agreement at the County Recorder and / or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. XIX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the "Security") is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten(10) days after receipt of written notice thereof from the City; provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security, as appropriate, upon five (5) business days notice to the Developer, for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty (30) days prior to the expiration of the Security and if the Security has not then been renewed, replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enforcing this Agreement. XX. The Developer hereby grants the City, it's agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXI. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person, including the public at large, so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. EXHIBIT D ENCROACHMENT AGREEMENT FOR PRIVATE USE OF PUBLIC PROPERTY This Encroachment Agreement For Private Use of Public Property (hereinafter "Encroachment Agreement") is made this day of , 2012, between the CITY OF EDEN PRAIRIE, Minnesota, a municipal corporation (the "City"), and a (the "Owner"). RECITALS: A. The Owner is the fee owner of property located in the City of Eden Prairie, Minnesota (the "Owner's Property"), legally described as follows: See Exhibit A attached hereto and made a part hereof. B. The Owner's Property abuts Cochran Lane, a road dedicated to the public in the plat of Mitchell Crossing, Mitchell Crossing 2nd Addition, MnDOT Plat No. 27-91, the dedicated right- of-way from this project (the "Road"), which Road is depicted on the Plans attached hereto as Exhibit B (hereinafter the "Plans"). C. Owner and City have entered into the certain Development Agreement dated the 18th day of September, 2012 (hereinafter "Development Agreement") for the development named Mitchell Crossing. D. The Development Agreement requires this Encroachment Agreement. E. The Owner desires to construct parking stalls (and possibly future proof of parking stalls), sidewalks and trails within the Road right-of-way or on the private property adjacent to Cochran Lane (the "Improvements") as identified in the Plans and Exhibit A(Sheet 3.01E). F. City is willing to permit the Improvements on as depicted on the Plans, subject to the terms and conditions of this Agreement. AGREEMENT In consideration of the foregoing and the mutual covenants herein, the parties agree as follows: 1. The recitals set forth above are incorporated herein. 2. PUBLIC PROPERTY. The Owner acknowledges that the Improvements encroach on the Road, which Road was dedicated to the public by the plat of Mitchell Crossing, Mitchell Crossing 2nd Addition, MnDOT Plat No. 27-91, the dedicated right-of-way from this project and which must remain open to the public for public use. 3. IMPROVEMENTS. City grants Owner the right to and Owner hereby assumes the responsibility to maintain, repair, replace and re-construct the Improvements, including but not limited to; the pavement, curb and gutter, striping, signing, snow and ice removal, required handicapped stalls and signage, all in accordance with all applicable laws and regulations regarding public parking on public streets (collectively referred to as "Maintenance") in the location identified on the Plans in the locations and subject to the terms set forth below in paragraph 4. The City shall retain the right to manage the public right-of-way as provided in state statutes and city code. The City shall also retain the right to approve the Maintenance and direct the Owner to correct any deficiencies in the Maintenance. 4. MAINTENANCE. Responsibility for Maintenance of the Improvements shall be as set forth below. The Owner shall perform, as and when necessary, and pay the cost for, such maintenance as set forth below of the Improvements as may be reasonably necessary to maintain the Improvements in good and aesthetic condition and repair. a. Parallel Parking Stalls on North Side of Cochran Lane. City shall maintain the parallel parking stalls along the north side of Cochran Lane provided however Owner shall be responsible for snow and ice removal. b. Perpendicular Parking Stalls along West Side of Cochran Lane. Owner shall be responsible for Maintenance of the perpendicular parking stalls along the west side of Cochran Lane. c. Proof of Parking Stalls. Owner shall be responsible for Maintenance of the Proof of Parking Stalls when and if constructed pursuant to the terms of the Development Agreement. d. Sidewalks within Cochran Lane right-of-way or on the Owner's Property adjacent to Cochran Lane. Owner shall be responsible for Maintenance of the sidewalks on Cochran Lane and Martin Drive adjacent to the Property. e. Trail within Cochran Lane right-of-way or Outlot A (to be dedicated to the City). City shall maintain the trail after the Developer has constructed the trail and the City has accepted the trail. 5. INDEMNITY. The Owner shall indemnify, defend and hold the City and its employees, contractors, agents, representatives, elected and appointed officials, and attorneys harmless from any and all claims, damages, losses, costs and expenses, including attorneys' fees, arising from, based on, or related to the encroachment of the Improvements on the Road, including, but not limited to, any claim asserted against the City as a result of this Agreement, the installation, placement, building erection, Maintenance, occupation or use of the Improvements and/or failure of the Owner to maintain the Improvements in such a condition as to prevent against injury to persons or property. 6. INSURANCE. Owner shall maintain a public liability insurance policy, naming City as an additional insured, which provides coverage for damage to the property of others or injury or death to persons. Such coverage shall be on an occurrence basis and shall include contractual liability coverage with respect to the indemnity obligation in Paragraph 5 above. Said policy shall contain a clause which provides the insurer will not change, non-renew, or materially change the policy without first providing the City thirty (30) days prior written notice. The Owner shall provide the City with a Certificate of Insurance for such coverage that specifically details the conditions in Paragraphs 5 and 7 of this Agreement. 7. WAIVER OF CLAIMS. The Owner acknowledges the City's ownership of the Road and knowingly and voluntarily waives and releases any and all claims against the City arising from, based on, or related to Owner's being permitted to maintain the encroachment of the Improvements on the Road as permitted by this Agreement, including but not limited to claims of abandonment, diminution in value, takings and contractual claims arising out of this Agreement, except any claims which are the result of the sole negligence or willful misconduct of the City or its employees or agents. The Owner acknowledges being represented by legal counsel in connection with this Agreement, and that the Owner has read and understands the terms of this Agreement. 8, CONDITION OF ROAD. The Owner acknowledges the City has made no representations or warranties regarding the condition of the Road or its suitability for the uses permitted by this Agreement. 9. NO VESTED RIGHTS. This Agreement shall not constitute or be construed as creating or establishing any vested right of the Owner to the Road or area encroached upon. 10. Owner hereby agrees to the following additional conditions: A. The Improvements shall be located as depicted in the Plans. B. The design of the Improvements shall be subject to the terms of the Development Agreement. The location of the Improvements shall be as depicted in the Plans. C. Owner shall secure from City all required municipal permits prior to any construction within the Road including a right-of-way permit. D. Drainage from Owner's and all adjacent properties shall at no time be impeded or blocked due to the Improvements. E. The Improvements and all work completed in relation thereto shall be in accordance with the City's current standards and ordinances and other applicable laws and/or regulations. 11. BINDING EFFECT. Except as hereinafter provided, this Agreement shall run with the land and bind and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. 12. ENTIRE AGREEMENT. This Agreement contains all the terms and conditions relating to the Improvements and replaces any oral agreements or other negotiations between the parties. No modifications of this Agreement shall be valid until they have been placed in writing and signed by all parties hereto. 13. RECORDING. The Owner shall cause this Agreement to be filed for record with the Hennepin County Recorder/Registrar of Title (as applicable) within 30 days of its execution by the Owner and the City. Evidence of filing shall be provided to the City within 30 days thereafter. 14. PUBLIC'S RIGHT TO USE ENTRANCE LOOP. The Owner shall not preclude the public from using the driveway loop at the main entrance to the building as a turn-around for Cochran Lane. CITY OF EDEN PRAIRIE By: Nancy Tyra-Lukens, Mayor By: Rich Getschow, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2012, by Nancy Tyra-Lukens and Rick Getschow, respectively then Mayor and City Manager of the City of Eden Prairie, Minnesota, a municipal corporation on behalf of the corporation. NOTARY PUBLIC [insert name of Owner] By: [INSERT NAME AND TITLE] STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2012, by the of , a on behalf of the NOTARY PUBLIC This instrument was drafted by: Richard F. Rosow, Esq. Gregerson, Rosow, Johnson&Nilan, Ltd. 650 Third Avenue South, Suite 1600 Minneapolis, MN 55402-4337 Telephone: (612) 436-7477 EXHIBIT A EXHIBIT B OWNER'S SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN FRANCE DEVELOPMENT LLC AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT is made and entered into as of December 4, 2012, by and between , a Minnesota corporation, ("Owner"), and the CITY OF EDEN PRAIRIE ("City"). For, and in consideration of, and to induce City to adopt Resolution No. for Guide Plan Change, Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from to , Resolution No. for Site Plan Review, and Resolution No. for Preliminary Plat, as more fully described in that certain Development Agreement entered into as of December 4, 2012, by and between , a Minnesota , and City ("Development Agreement") pertaining to that certain Property described on Exhibit A hereto, Owner agrees with City as follows: 1. If , ails to commence development in accordance with the Development Agreement and fails to obtain an occupancy permit for all of the improvements referred to in the Development Agreement within 24 months of the date of this Owner's Supplement, Owner shall not oppose the City's reconsideration and rescission of Resolution No. for Guide Plan Change, Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from to , Resolution No. for Site Plan Review, and Resolution No. for Preliminary Plat, identified above, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 2. This Agreement and the Development Agreement shall be binding upon and enforceable against the Property and the Owner, their successors and assigns of the Property. 3. If Owner transfers this Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and obligations of"Developer" in the Development Agreement. Neither the Owner or transferee are required to develop the property in accordance with this Agreement, so long as Owner or transferee obtain such approvals as are required by City Code to develop the Property in a manner other than as set forth in this Agreement. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE By: Nancy Tyra-Lukens Its Mayor By: Rich Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2012, by Nancy Tyra-Lukens and Rick Getschow, respectively the Mayor and City Manager of the City of Eden Prairie, Minnesota, a municipal corporation on behalf of the corporation. NOTARY PUBLIC By Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2012, by the of , a on behalf of the NOTARY PUBLIC This Instrument was Drafted By: City of Eden Prairie 8080 Mitchell Road Eden Prairie, M N 55344 EXHIBIT A OWNERS SUPPLEMENT Legal Description Before Final Plat Legal Description After Final Plat HUf1TER f E[ER50f1 I Y 8-14-12 Planning Dept. City of Eden Prairie Mr. Mike Franzen, Mike, Eden Prairie, LLC requests an extension of the 120 day clock until September 20th for the proposed Mitchell Crossing 192 unit apartment complex currently in review by the City of Eden Prairie. Thank you, Scott Carlston Eden Prairie Development Partner 612-889-7898 11200 W. 7BTH ST EDEN PRAIRIE, MN 55344 (612) 669.7139B WWW.HUNTEREMERSON.COM CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 4, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILC. Randy L. Slick Final Plat Report of Five Mitchell Crossing Public Works/Engineering Requested Action Move to: Adopt the resolution approving the final plat of Five Mitchell Crossing. Synopsis This proposal is for the plat located east of Mitchell Road and north of Highway No.5. The plat consists of 3.09 acres to be platted into one lot, one outlot and right-of-way dedication for street purposes. This proposal is for a 192 unit apaitiiient building. Background Information The preliminary plat was approved by the City Council on August 21, 2012. Second reading of the Rezoning Ordinance and final approval of the Developer's Agreement will be completed on December 4, 2012. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$436.50. • The requirements as set forth in the Developer's Agreement. • Satisfaction of bonding requirements for the installation of public improvements. • Provide a list of areas (to the nearest square foot) of all lots, outlots and right-of-ways certified by surveyor. • Prior to release of the final plat, Developer shall provide to the City a current title insurance policy. • Prior to release of the final plat, Developer shall tender a warranty deed for proposed Outlot A for review and approval by the Director of Parks and Recreation Services. • Prior to the release of the final plat, Developer shall record and provide proof of filing the Development Agreement at the county Recorder and/or Registrar of Titles. Attachments • Resolution • Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012- A RESOLUTION APPROVING FINAL PLAT OF FIVE MITCHELL CROSSING WHEREAS, the plat of Five Mitchell Crossing has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder; and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for Five Mitchell Crossing is approved upon compliance with the recommendation of the Final Plat Report on this plat dated December 4, 2012. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners of the subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on December 4, 2012. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta, City Clerk , ( FIVE MITCHELL CROSSING CR.DOC.NO. 1 ., II 7 / ,1 • 1----- •-•,,,,,.:- R ;;;- \--._,;;______ VV7's S i.-;'.E3 II R N i/ 1 ------ ,, 1 I i .......... —7—— 1— ....-- r-, r \----+ N8.9130.57V 1448.42'0411/I :-..3 1 I -7 . 81.19 no.4. 43.43 I ''', : 1 .........1 I 1 1 1 --• .4- 1 / ...'.-..... / , 1 I ,, .... •,/ H•c•-•,-----. t v -\ ...• ,..., I i I .-.•.: 1 1 1 , `:-.. \ I / i ii,' I ,„t-',,t's•-- " • t ' s'V''' 'i 1 ''. t 1 .'0...',.-' — .., ;-- / v, \ ‘„. 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NOT FOUND ENGINEERING,PLANNING NOT FOUND : AND LAND SURVEYING SHEET 2 OF 2 SHEETS CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda December 4, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC 10-5772 ITEM NO.: VIILD. Leslie Stovring Award Contract for Purgatory Creek Public Works /Engineering Stabilization Project Requested Action Move to: Award Contract for Stabilization of a Section of Purgatory Creek to Carl Bolander& Sons in the amount of$99,138.50. Synopsis Quotes were received on Friday,November 2, 2012 for a Streambank Repair Plan for a section of Purgatory Creek within the Lower Minnesota River Watershed District(LMRWD). The cost of the project will be paid out of the stormwater utility fund. Requests for quotes were sent to three contractors; two quotes were received and are tabulated as follows: Carl Bolander& Sons Co. $99,138.50 Rachel Contracting, Inc. $102,435.00 Background Information The City Council signed a Schedule of Compliance (SOC)with the MPCA on January 19, 2010. The SOC required repair of a stilling basin located south of Riverview Road that was located on city property. This work is to stabilize a section of Purgatory Creek at the outfall from the stilling basin. Flooding and groundwater intrusion have contributed to erosion of a portion of the creek upstream and downstream of the outfall. This project will repair the erosion and stabilize the creek bank. The stabilization will include • Flattening the creek bank slope to a 2:1 grade with vegetative restoration • Installation of field stone rip-rap in areas where an armoring of the creek banks is necessary. • Installation of biolog toe protection • Installation of an access crossing • Tree planting The plans have been reviewed by the Minnesota Dept. of Natural Resources and a permit extension will be granted for the project. The work is expected to be completed this winter, during low-flow conditions. Attachments Contract Standard Construction Contract This Contract ("Contract") is made on the 4th day of December 2012, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Carl Bolander & Sons. Co. a Minnesota Corporation hereinafter "Contractor")whose business address is 251 Starkey Street, St. Paul, MN 55107 Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of services by Contractor for Purgatory Creek Site B, City Project IC # 09-5772 hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work/ProposaL The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. The terms of this Contract shall take precedence over any provisions of the Contractor's proposal and/or general conditions. 2. Time of Commencement and Completion. The Work to be performed under this Contract shall be commenced immediately after execution of this Contract. The Work shall be completed by December 31, 2013. 3. Compensation for Services. City agrees to pay the Contractor a sum of $99,138.50 as payment for the labor, materials and services rendered pursuant to this Contract and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an itemized invoice for services performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. a. Invoices. Contractor shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Contractor shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing,past payments and unexpended balance of the contract. b. Claims. To receive any payment on this Contract, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." c. Final Payment. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has been completed, the Contract fully performed, and the City accepts the Work in writing. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of Application for Final Payment. d. Income Tax Withholding. No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 6. Project Manager. The Contractor has designated Jesse Wilcox to Manage the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the designated manager without the approval of the City. 7. Condition and Inspection. All goods and other materials furnished under this Contract shall be new and in current manufacture, unless otherwise specified, and all goods and work shall be of good quality, free from faults and defects and in conformance with this Contract. All goods and work not conforming to these requirements shall be considered defective. Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor's expense. 8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. 9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City's written acceptance of the Work. The City's rights under the Contractor's warranty are not the City's exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY'S REMEDY OR THE CONTRACTOR'S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 10. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery,plants, lawns, fences, culverts,bridges,pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. 11. Removal of Construction Equipment, Tools and Supplies. At the termination of this Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor's equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor. 12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof,by giving ten(10) days'notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City's suspension of all or part of the Work causes additional expenses not due to the fault or negligence of the Contractor, the City shall reimburse the Contractor for the additional expense incurred due to suspension of the work. Claims for such compensation, with complete substantiating records, shall be filed with the City within ten(10) days after the date of order to resume Work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement weather, failure to furnish additional surety or sureties specified herein, for suspension made at the request of the Contractor, or for any other delay provided for in this Contract. 13. City's Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the City may, after ten (10) days written notice to the Contractor and without prejudice to any other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City. 14. City's Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract for any of the following reasons: a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent; b. Failure of Contractor to supply adequate properly skilled workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor; d. Any disregard of laws, ordinances or proper instructions of the City; e. Assignment or work without permission of the City; f. Abandonment of the work by Contractor; g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time. Termination of the Contract shall be preceded by ten(10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of termination. Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods the City may deem expedient at the Contractor's expense. Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance,the Contractor shall pay the difference to the City. In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the Contractor all legal, engineering, or other costs resulting from such abandonment, failure or refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees. 15. Contractor's Right to Terminate Contract. The Contractor may terminate this Contract upon ten(10) days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its employees. b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due. 16. Performance and Payment Bonds. The Contractor shall post a Performance and Payment Bond each in an amount equal to one hundred percent (100%) of the payments due Contractor to insure the prompt and faithful performance of this Contract by Contractor and to insure prompt payment to the subcontractor and suppliers of the Contractor. The Bonds shall be in a form approved by the City. Contractor shall provide the Bond to the City before commencing work and together with the executed contract document. If the Performance and/or Payment Bond are not submitted as provided herein, this Contract shall be considered void. [Bonds are required for a construction contract that is $100,000 or more; they are optional for any contract that is less than $100,000] 17. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City. The Contractor shall pay any subcontractor involved in the performance of this Contract within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of$100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 18. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 19. Notice. Required notices to the Contractor shall be in writing, and shall be either hand- delivered to the Contractor, its employees or agents, or mailed to the Contractor by certified mail at the following address: Carl Bolander& Sons, Co. Attn: Jesse Wilcox 251 Starkey Street St. Paul, MN 55107 Notices to the City shall be in writing and shall be either hand-delivered or mailed to the City by certified mail at the following address: Leslie A. Stovring City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Notices shall be deemed effective on the date of receipt. 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. 20. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them maybe liable. Such insurance shall include,but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. The policy(ies) shall name the City as an additional insured for the services provided under this Contract and shall provide that the Contractor's coverage shall be primary and noncontributory in the event of a loss. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive Liability $1,500,000 property damage per occurrence $2,000,000 general aggregate $2,000,000 Products—Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit(shall include coverage for all owned, hired and non-owed vehicles. Umbrella or Excess Liability $1,000,000 c. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CG 0001, and shall include the following: i. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion(XCU). ii. Products and Completed Operations Property Damage coverage. Contractor agrees to maintain this coverage for a minimum of two (2) years following completion of its work. iii. Personal injury with Employment Exclusion(if any) deleted. iv. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent. v. Broad Form Property Damage coverage, including completed operations, or its equivalent. vi. Additional Insured Endorsement(s) on ISO form CG 2010, or its equivalent, naming"the City of Eden Prairie." The additional insured form needs to extend protection for"product and completed operations". vii. If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. viii. "Stop gap" coverage for work in those states where Workers' Compensation insurance is provided through a state fund if Employer's liability coverage is not available. ix. Incidental Malpractice and Host Liquor Liability insurance applicable to the Contractor's performance under this Contract. x. Severability of Insureds provision. d. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: i. All polices shall be written on an "occurrence" form ("claims made" and "modified occurrence" forms are not acceptable); ii. All polices shall be apply on a"per project"basis; iii. All policies, except the Worker's Compensation Policy, shall contain a waiver of subrogation naming"the City of Eden Prairie"; iv. All policies, except the Worker's Compensation Policiy, shall name "the City of Eden Prairie" as an additional insured; v. All policies, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract; and vi. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed or restrictive modifications added, without thirty(30) days prior written notice to the City. e. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. f. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Indemnification. Contractor will indemnify City and hold it harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its agents or employees. 22. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract ("Information") shall become the property of the City, but Contractor may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 23. Non-Discrimination. During the performance of this Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 24. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the city of one of the Voting Members unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof 25. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. The Contractor shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Contractor. 26. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 28. Damages. In the event of a breach of the Contract by City, the Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 29. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 30. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 31. Entire Agreement. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 32. Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 33. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 34. Conflicts. No salaried officer or employee of the City and no member of the Counci of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 35. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager CONTRACTOR By: Its: Quote Submitted by: Carl Bolander & Sons Co. 251 Starkey Street City of Eden Prairie—October 11,2012 St. Paul, MN 55107 Purgatory Creek—Streambank Restoration Plan Project 09-5772 (P) 651.224.6299 Quote Form (F) 651.223.8197 Description Unit Estimated Quantity Unit Price Extension Mobilization/Demobilization L.S. 1 `4 l, ..S'(:: i U9%Z_S 0 , Clearing and Grubbing Acre 0.1 L(l S—o ) ac7 Li-7 cc", 0 0 Erosion Control Silt Fence L.F. 50 , ( J 3 Z, "'® Erosion Control Blanket S.Y. 525 I i SLs) I, Z Seeding Bank Slope(No Mow Mix w/Cover Crop) S.Y. 525 0 , Z_S" 13 ( , D-S-- Biolog L.F. 269 Z 1 rj CS I o 1 Z. 5-0 Topsoil(4"imported) C.Y. 58 LO 1 i 0 3 3 I ��Cp, Q Q Excavation and Grading Streambank C.Y. 358 Z Z , .—C. SI 0 S S', n 0 Excavation for Riprap and Granular Filter C.Y. 98 16 1 S 6 I I 5 ( r o o Excavation for Boulder Vane C.Y. 30 Cut and Remove Select Trees Each 2 `3 T:5 0 , T3, 0 Remove and Dispose of Existing Limestone Riprap S.Y. 280 1 ,S— 0 51 500, c) 0 MnDOT Class II Fieldstone Ton 160 1,1;`—i i 0 j 01 sl a 0, 00. MnDOT Class III Fieldstone Riprap Ton 46 L S. ' O b 3 r J act , t3 o MnDOT Class V Fieldstone Riprap Ton 86 -1 °j ; 3 r ( , D.`-t CC , n o MnDOT Granular Filter Material Ton 141 —7 0 ) 0 0 a 1 % -1 0 r 0 Q 30"Average Diameter Fieldstone Boulder Each 31 I c'C' , o 3 y t g 6 j, 0 0 Foundation Preparation and Installation of Access Crossing Each 1 'Z t Z. S— ® , ®0 Z/ Z S'C3 / a Design Build Access Crossing Each 1 t—t O Live Plant(2"B&B)Autumn Blaze Maple Each 7 5 D(1, 6 b 3 i coo , 6 Live Plant(6'B&B)Black Hills Spruce Each 7 5 0 Z:., O Z) ' , c, 6 , a e5 Live Plant(6' B&B)Jack Pine Each 7 G O a , a 0 ; S 6 0 , D 0 Total of Extensions for Quote Items= 01 l , 15 ^,�C Alternate Products/Options Unit Estimated Quantity Unit Price Extension MnDOT Class II Limestone Riprap Ton 160 l_D S► o (3 J Q i LI 06, 60 MnDOT Class II Limestone Riprap Ton 46 tD 1 , iS a ''j ) 6 -a, 6 MnDOT Class V Limestone Riprap Ton 86 1 , -6 0 i CS C--r , Signed and Acknowledge by ark. R. Ryan, Pre 'dent November 2, 2012 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 4, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC 11-5799 ITEM NO.: VIII.E. Randy Newton Approve Additional Final Design Services Public Works /Engineering Budget for the Northern Segment of the Shady Oak Road Improvements. Requested Action Move to: Approve additional final design services budget with SRF Consulting Group for the northern segment of the Shady Oak Road Improvements, in the amount of $75,000. Synopsis SRF Consulting Group is requesting a$75,000 budget extension for the design of the northern segment of the Shady Oak Road Improvements. The request is a result of several necessary changes in the work scope that occurred after execution of the Professional Services Agreement. Staff recommends approval of the additional design services budget. Background Information The northern segment of the Shady Road Improvements include the widening and reconstruction of Shady Oak Road from approximately 800 feet north of Rowland Road to north of the Highway 62 North Ramp intersection. The proposed project will add turn lanes, trails, new traffic signals, and a median along Shady Oak Road. The project also includes the reconstruction of the north end of City West parkway including the construction of a roundabout at the south UnitedHealth Group (UHG) access. Construction on the project began in October and is scheduled to be substantially complete by November of 2013. The original Professional Services Agreement with SRF Consulting Group for the design of the northern segment of the Shady Road Improvements was for $950,000. With the 75,000 budget extension the maximum value of the contract will be revised to $1,025,000. The request for the budget extension is a result of several key work scope items that were not identified in the Professional Services Agreement. Most notably are the increased number of retaining walls and the development of a separate plan set for the City West Parkway improvements. More detail on these items and on the additional out of scope items are included in the attached letter from SRF Consulting Group. Financial Implications As defined in the UHG Developer's Agreement UHG is responsible for the majority of the costs for the project. In addition Hennepin County will provide a maximum contribution of$300,000 and the City of Eden Prairie will have a share of approximately$750,000 which will be funded by Municipal State Aid. The additional design services fees have been accounted for in the overall project budget and the project remains on budget. Attachments SRF Consulting Group Letter g E NG INEERs PLA NERS D PSIIGNENS Consulting Croup.1r,L. November 16, 2012 SRF No. 0127566 0120 Mr. Randy Newton, PE, PTOE Assistant City Engineer/Traffic Engineer CITY OF EDEN PRAIRIE 8080 Mitchell Road Eden Prairie, MN 55344 SUBJECT: SHADY OAK ROAD—FINAL.DESIGN(NORTHERLY SEGMENT) ADDITIONAL PROFESSIONAL SERVICES Dear Mr. Newton: On September 6, 2011 SRF was authorized to proceed with the final design of the northerly segment of Shady Oak Road. Our contract included a detailed scope of work that we prepared based on our project understanding and our experience with similar projects. The construction plans and specifications for Shady Oak Road and City West Parkway have been completed, In the process of completing the final construction plans, we have provided the City with services beyond our original scope. That being said, there were also some services in our scope of work that turned out to be not necessary in order to complete the final design. The purpose of this letter is to identify the budget difference between the out-of-scope tasks and the design tasks that were not completed. We respectfully request a budget extension to cover the difference. The following list identifies significant work tasks that SRF completed that were not included in our original scope: 1. Cost Estimates -- In addition to providing cost estimates at 95% and 100% design, SRF prepared cost splits for United health Group at concept level, Staff-Approved layout level, and the 50% design level with estimated pay items, 2. Staff Approved Layout — Our scope of work assumed one round of comments and revisions, however, we addressed three rounds of layout comments including significant revisions such as alignment changes to Shady Oak Road and adding a trail to the west side in the interchange area. 3. Structural Design for Retaining Walls — Our scope included design of one retaining wall on the east side of Shady Oak Road under the TH 62 bridges. Our final design included four(4) additional walls (one on the west side under the TH 62 bridges and one near SuperAmerica, and two along West 62nd Street), as well as a design for two cast-in-place pier crash struts for the TH 62 bridges. www.srfconsulting.com Ono Carlson Parkway North,Suite'150 I Minneapolis,MN 55447-14.13 I 763.475.00'10 fax:70.475.24n Ap Equal Opportunity Ernpipypr Mr. Randy Newton, PE, PTOE - 2 - November 16, 2012 City of Eden Prairie 4. Separate Plan for City West Parkway — Our scope assumed one plan set for all roadways within the Phase I area. SRF developed a separate plan set for the City West Parkway roundabout area. Our tasks included extra time to set up plan sheets and to modify text after the 60% submittal. The design and review timeline did not coincide with the Main project and required extra coordination between two plan sets and additional special provisions. 5. Enclave Development Coordination — SRF spent extra time coordinating with MnDOT, attending site meeting, analyzing alternatives, preparing cost estimates, redesigning ditches, re-running cross-sections, and coordinating with MnDOT to arrive at an agreeable design solution. Our original scope of work included the final design for West 62nd Street. However, to accommodate the UHG site development in an efficient manner, the West 62nd Street improvements are not included in the current Phase I construction contract. The final design for West 62nd Street will be a separate plan set. Our work will include final plans for roadway, storm sewer, traffic signal, and street lighting, as well as the associated special provisions. We understand that this plan will be bid at a future date. SRF will continue to coordinate with City staff to have this plan completed and approved on a mutually-agreeable schedule. Our original scope of work included easement acquisition as well as appraisal services (provided by a subconsultant). Due to the separate schedule for the City West Parkway roundabout, we will need to coordinate the re-appraisal of one parcel. The re-appraisal was not part of our original scope. The time required for the extra work identified above is partially offset by time saved on the following tasks that turned out to be unnecessary: 1. Public Involvement — We only held 2 open house meetings (not 3) and the City distributed all public notification mailings (not SRF). 2. Preliminary Construction Staging Layouts — We did not prepare actual layouts because most of this work was done and shown in plan sheet format. 3. Traffic Control/Detour Layouts — Traffic control coordination was done concurrently with the final design. 4. Signal Timing — It was agreed that this task should be completed in the future when the traffic signals are operational. The estimated cost for the work described above is as follows: $144,993 Estimated cost for out-of-scope tasks $ 70,810 Estimated cost for unnecessary tasks $ 74,183 Difference Mr. Randy Newton, PE, PTOE - 3 - November 16, 2012 City of Eden Prairie In order to complete the remaining final design tasks for the northerly segment of Shady Oak Road, we respectfully request a budget extension of the difference shown above. We would be happy to meet with you at your convenience to discuss any questions you have about the extra work. Thank you for your consideration of this request, Sincerely, SRF CONSULTING GROUP,INC. Matthew D. I-Jansen, PE(MN ID), LS (MN IA) Principal MDH/bls !1,IProjecis173d6ti_C.'arrespondenee4,etiers13017_11!6_EdenPrnirieAddh/SeriicerNarlhSeg entclocs CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda December 4, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.F. Rick Wahlen Award Contract for Chlorine Scrubber Public Works/UtilitiesMaintenance to Siemens, Inc. Requested Action Move to: Award contract for the 5-year Chlorine Scrubber maintenance to Seimens Inc. in the amount of$55,050. Synopsis The Eden Prairie water treatment plant utilizes a chlorine neutralization system which renders serious chlorine leaks, if they ever were to occur, harmless to the public. This system requires periodic, substantial maintenance to assure its functionality. It is time to have this maintenance done to protect the public. Seimens, Inc. is the proprietary, sole-source vendor who can be hired to perform this maintenance. Background Information Eden Prairie Utilities Division sought proposals to perform this periodic maintenance from three competent environmental waste management contractors. The nature of the work required includes the removal, disposal, and replacement of 2200 gallons of sodium hydroxide (caustic soda), as well as a complicated process of cleaning the interior components of the system. The details of this maintenance process are held by the manufacturer, and will not be shared with competing contractors. We looked into costs for City staff to perform the work under guidance from manufacturer, and found the expenses to be very nearly the same as what Seimens is charging to handle the whole process, start-to-finish. Additionally, there are significant environmental hazards to be faced if we do the work ourselves, and our employee Risk Manager does not recommend we expose our work-force to these complex and unnecessary risks for so little cost savings. The contract for these services has been reviewed and satisfactorily adjusted by the City attorney's staff. Staff recommends approval of the contract with Seimens. The contract is currently being signed by Seimens representatives and will be provided to the Mayor and City Manager for signature upon receipt from Siemens. Funds for this replacement contract are available in the City's 2012 water operating budget. Attachment • Contract& Description of Work to be Performed SIEMENS QUOTE Siemens Industry Proposal Number: S12-037 Rev. A Date: September 13,2012 12316 World Trade Drive EXPIRATION DATE: October 13,2012 Suite 100 Billing Address: San Diego,CA 92128 Attn: zoran.djuricsiemens.com Address: Phone: (858)487-2200 x 343 Fax: (858)487-5600 Phone: To Mr. Kevin Horgan Eden Prairie,MN Shipping Address: Attn: Address: khorgan@edenprairie.org Phone: (952)949-8530 Phone: Fax: Quote Prepared By Job Shipping Method Payment Terms Zoran Djuric Eden Prairie,MN Bestway Due upon receipt Qty Item# Description Unit Price Line Total One time service on the EVSS Unit-Acid Wash including following 1 Removal 8 Disposal of existing caustic(up to 2,100 gal) $41,950.00 $41,950.00 Acid,total of 10 drums incl.delivery ft pick up of empty drums Removal of up to 3,000 gal of acidic brine 8 rinse water Field Serive Engineering time to perform all work New gaskets for the top of the unit Notes: Disposal Pricing for chemicals are based on following:u pt o 2,100 gal of caustic and up to 3,000 gal of acidic brine(low pH liquid). If more liquid is generated price would increase in rate of$2.60/gal Proposal is based on fact there is 4"-5"of build ups at the bottom 1 W2T440994 Recirculation pump SGA-4x3x10 Ind 25 HP Motor ft coupling ft Overloads $12,950.00 $12,950.00 Pump Info: 550'@ 38'of head 1.Are the items purchased for RESALE? SUBTOTAL $54,900.00 Yes No SHIPPING/HANDL. $265.00 If YES,please provide a copy of resale certificate. TOTAL $55,050.00 2.Is the purchasing company EXEMPT from Sales£t Use Tax? Yes No NOTE: If YES,please provide a copy of exemption certificate. The above price excludes all applicable sales taxes. This quotation is based upon Siemens Standard Terms of Sale(attached),which shall form a binding part of any resulting order. To accept this quotation and terms,please fill out the billing and shipping address above,sign below and return: Authorized Purchaser Date Credit Card information(please fill out only if you wish use a credit card to pay for this order) Cardholder's Name: Credit Card Type: Credit Card Number: Visa I I Expiration Date: Mastercard I I AMEX 0 Authorized Signature THANK YOU FOR YOUR BUSINESS Standard Terms of Sale 1. Applicable Terms. These terrrs govern the purchase and sale of the equipment and related services,if any(collectively,"Equiprrent"),referred to in Sellers purchase order,quotation,proposal or acknowledgment,as the case n ey be("Seller's Dn a rmentation"). Whether these terrrs are induded in an offer or an acceptance by Seller,such offer or acceptance is conditioned on Buyer's assent to these terms. Seller rejects all additional or different terns in any of Buyer's forms or documents. 2. Payment. Buyer shall pay Seller the full purchase price as set forth in Seller's[lrrxrrrentation. Unless Seller's Documentation provides otherwise,freight, storage,insurance and all taxes,duties or other govemmental charges relating to the Equipment shall be paid by Buyer. If Seller is required to pay any such charges,Buyer shall inn n ndiately reimburse Seller. All payments are due within 30 days after receipt of invoice. Buyer shall be charged the loner of 1''IA%interest per rru dh or the maximum legal rate on all amounts not received by the due date and shall pay all of Seller's reasonable costs(including attorneys'fees)of collecting amounts due but unpaid. All orders are subject to credit approval. a Delivery. Delivery of the Equipment shall be in material compliance with the schedule in Seller's Documentation. Unless Seller's Documentation provides otherwise,Delivery terns are F.O.B.Seller's facility. 4. Ownership of eds. All devices,designs(including drawings,plans and specifications),estimates,prices,notes,electronic data and other docurrem Its or information prepared or disdosed by Seller,and all related intellectual properly rights,shall remain Seller's property. Seller grants Buyer a non-exclusive,non- transferable license to use any such material solely for Buyer's use of the Equipment. Buyer shall not disclose any such material to third parties without Seller's prior written consent. 5. Changes. Seller shall not implement any changes in the scope of work described in Seller's Documentation unless Buyer and Seller agree in writing to the details of the change and any resulting price,schedule or other contractual modifications. This induces any changes ncccocitated by a change in applicable law oc uninxg after the effective date of any contract including these temps. 6. Warranty. Subject to the following sentence,Seller warrants to Buyer that the Equipment shall materially conform to the description in Seller's Documentation and shall be free fr u r r deferts in material and workmanship. The foregoing warranty shall not apply to any Equipment that is spedfied or otherwise demanded by Buyer and is not manufactured or selected by Seller,as to which(i)Seller hereby assigns to Buyer,to the extent assignable,any warranties nut to Seller and(ii)Seller shall have no other liability to Buyer under warranty,tort or any other legal theory.If Buyer gives Seller prompt written notice of breach of this warranty within 18 nuts from delivery or 1 year from acceptance,whichever occurs first(the"Warranty Period"),Seller shall,at its sole option and as Buyer's sole remedy,provide replacement parts to the Buyer or repair(Buyer to provide Seller with unencumbered arms to the equipment)or refund the purchase price therefore.If Seller determines that any claimed breach is not,in fad,covered by this warranty,Buyer shall pay Seller its then customary charges for any repair or replacement made by Seller. Seller's warranty is conditioned on Buyer's(a)operating and maintaining the Equipment in accordance with Seller's instructions,(b)rot making any unauthorized repairs or alterations,and(c)not being in default of any payment obligation to Seller. Seller's warranty does not cover damage caused by chemical action or abrasive material,rrisuce or inproper installation(unless installed by Seller). THE WARRANTIES SET FORTH IN THIS SEC110N ARE SELLERS SOLE AND EXCLUSIVE WARRANTIES AND ARE SUBJECT TO SEC110N 10 BELOW SR I ER MAKES NO OTHER WARRANTIES OF ANY KIND,EXPRESS OR IM'LIED,INCLUDING WITHOUT LIMTA11ON,ANY WARRANTY OF MERCHANTABILITY OR FITNFSS FOR PURPOSE. 7. Indemnity. Seller shall indemnify,defend and hold Buyer hamiess fi u r r any daim,cause of action or liability incurred by Buyer as a result of third party dalms for personal injury,death or damage to tangible property,to the extent caused by Seller's negligence. Seller shall have the sole authority to direct the defense of and settle any indemnified claim Seller's indemnification is conditioned on Buyer(a)promptly,within the Warranty Period,notifying Seller of any claim, and(b)providing reasonable cooperation in the defense of any daim 8. Force Majeure. Neither Seller nor Buyer shall have any liability for any breach(except for breach of payment obligations)caused by extreme weather or other ad of God,strike or other labor shortage or disturbance,fire,accident,war or civil disturbance,delay of carriers,failure of normal sources of supply,act of govemnen t or any other cause beyond such patys reasonable contd. 9. Cancellation. If Buyer cancels or suspends its order for any reason other than Seller's breach,Buyer shall promptly pay Seller for work performed prior to cancellation or suspension and any other died costs incurred by Seller as a result of such cancellation or suspension.. 10. LIMTA110NOFLIABILITY. NOTWITHSTANDING ANYTHING FI SF TO THE CONTRARY,SELLER SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL,INCIDENTAL,SPECIAL,PUNITIVE OR OTHER INDIRECT DAMAGES,AND SELLERS TOTAL LIABILITY ARISING ATANY 11NE FROM THE SALE OR USE OF THE EQUIPMENT SHALL NOT EXCFFD THE PURCHASE PRICE PAID FORME EQUIPMENT. THESE UMTAIIONS APPLY WHETHER THE LIABILITY IS BASED ON CONTRACT,TORT,S I I-tICT LIABILITY OR ANY OTHER THEORY. 11. Mscellaneous. If these terns are issued in connection with a government contract,they shall be deemed to indude those federal acquisition regulations that are required by law to be induded. These terrrs,together with any quotation,purchase order or acknowledgement issued or signed by the Seller,comprise the complete and exdusive statement of the agreement between the parties(the"Agreement')and supersede any terms contained in Buyer's docur r ler its,unless separately signed by Seller. No pal of the Agreement may be changed or cancelled except by a written docu r er i signed by Seller and Buyer. No course of dealing or performance,usage of trade or failure to enforce any term shall be used to modify the Agreement. If any of these teems is unenforceable,such term shall be limited only to the extent necessary to make it enforceable,and all other terms shall remain in full force and effect. Buyer may not assign or pernit any other transfer of the Agreement without Seller's prior written consent. The Agreement shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of laws provisions. 12.Steel Price Escalation. Recent market conditions have resulted in exceptionally volatile prices for both stainless and carbon steels.Supply conditions are such that producers have instituted surcharges,which they apply at the time of actual shipment of the steel.This means that the cost for steel used for developing the prices in this quotation are not firm As a result of this policy,it has becane necessary for Siemens to pass along any escalation in the cost of carbon and stainless steels.The price escalation will be calculated by indexing inxg the cost of the steel based on the London Metals Exchange from the date that this proposal is issued to the date that the steel is actually received. CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda December 4, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.G. Office of the City Manager/ Approve Letter of Credit as Collateral for Finance, Sue Kotchevar the City's Payroll Account Subject to Form and Substance Approved by the City Attorney Requested Action Move to: Approve letter of credit as collateral for the City's payroll account subject to form and substance approved by the City attorney. Synopsis US Bank has asked to provide a letter of credit to cover the City's payroll account over FDIC insured amount versus other qualified collateral. This is allowable collateral per State Statutes and we are comfortable with the letter of credit as collateral. The City auditor, Kern, DeWenter, Veire LTD recommends that the City Council approve this change. CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda December 4, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC 10-5772 ITEM NO.: VIII.H. Leslie Stovring Approve Plans & Specifications and Order Public Works/Engineering Advertisement for Bids for Repair of a Minnesota River Floodplain Pond South of Riverview Road Requested Action Move to: Approve plans and authorize bids for I.C. 10-5772, Repair of a Minnesota River Floodplain Pond south of Riverview Road. Synopsis With the assistance of Barr Engineering, the Engineering Division has prepared plans and specifications for repair of a stormwater pond located within the Minnesota River floodplain as well as stabilization of a section of the Minnesota River bank that adjoins the ponding area. The estimate for the construction costs is $467,067.70. Approval of this motion will allow the projects to be advertised for bid. Background Information The City Council signed a Schedule of Compliance (SOC)with the MPCA on January 19, 2010. Plans were sent to the MPCA in March 2010 and approved on April 7, 2010. However, since that time flooding has prevented access to the site to complete the repairs. Extensive flooding has impacted the area resulting in a scope change from the originally anticipated maintenance project to a more major reconstruction project. The project now requires that the City develop full plans and specifications. Draft plans were submitted to the MPCA on November 7, 2012. Since that time revisions were made and revised plans were submitted on November 21, 2012 for review and approval. Financial Information The preliminary estimate for construction costs is $467,067.70 plus consulting fees of$64,055 for a total estimated project cost of$531,122.70. The project costs will be paid out of the stormwater utility fund. CITY COUNCIL AGENDA DATE: SECTION: Public Hearing December 4, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B. Community Development Resolution amending the Tax Increment Financing Molly Koivumaki, Manager, Plan Tax Increment Financing District No. 12. Housing and Community Services Requested Action Move to: • Close the public hearing; and • Adopt Resolution approving amending the Tax Increment Financing Plan Synopsis The Tax Increment Financing Plan for District 12, the Columbine Townhomes, is set to expire at the end of 2012. Subsequently, Developer sought amendment of the Tax Increment Financing Plan and Project Management Agreement to increase the estimated term and budget, to facilitate further reimbursement of eligible costs in order to continue the provision of affordable housing, and to relieve the obligation of repayment of the TIF funds. The amended Tax Increment Financing Plan is attached to this document. The Project Management Agreement is still being reviewed and will be presented for approval when complete. The HRA finds that the continued operation of the project is not sustainable without the continued Tax Increment financing subsidy, and that the Amended Financing Plan conforms to the general plan for the development or redevelopment of the City as a whole. Attachment • Resolution • Amended TIF Plan CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012-165 A RESOLUTION APPROVING A MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 12 WHEREAS, the City previously approved a redevelopment plan (the "Project Plan") and redevelopment project of the Housing and Redevelopment Authority in and for the City of Eden Prairie (the "Authority"), under Minnesota Statutes, Sections 469.001 to 469.047 (the "Project Plan"), designated as Redevelopment Project Area No. 4 (the "Redevelopment Project"); and WHEREAS, the City previously approved a tax increment financing plan of the Authority under Minnesota Statutes, Sections 469.174 to 469.1799, designated as Tax Increment Plan for Tax Increment Financing District No. 12 (the "Financing Plan"). The Financing Plan established Tax Increment Financing District No. 12 (the "TIF District"); and WHEREAS, the Authority is proposing an Amendment to the Financing Plan (the "Amended Financing Plan") to increase the budget of the TIF District pursuant to and in accordance with the Act; and WHEREAS, the Board of the Authority, on December 4, 2012, adopted the Amended Financing Plan, subject to approval by this City Council following a public hearing as described below, and transmitted the Amended Financing Plan to this City Council for consideration; and WHEREAS, members of the Board of County Commissioners of Hennepin County and of the Board of Education of Independent School District No. 272 have been given an opportunity to meet with the City and the Authority and comment on the Amended Financing Plan. Pursuant to Minnesota Statutes, Section 469.175, subdivision 3, this Council, on December 6, 2011, conducted a public hearing on the desirability of approving the Amended Financing Plan. Notice of the public hearing was duly published as required by law in the Eden Prairie News, the official newspaper of the City, on November 22, 2012. The City and the Authority have [not] received written comments on the Amended Financing Plan from the County and the School District after providing the County and the School District boards with information on the fiscal and economic implications of the Amended Financing Plan not less than 30 days before the date of the public hearing. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, AS FOLLOWS: Section 1. Approval of Amended Financing Plan. On the basis of the Amended Financing Plan and the information elicited at the public hearing referred to herein, it is hereby found, determined and declared that: (a) The District consists of a "project" as defined in Minnesota Statutes, Section 469.174, subdivision 8, and is a proper tax increment financing district within the meaning of Section 469.174, subdivision 9. Based on the information in the Amended Financing Plan and representations of the developer, the District consists of a project intended for occupancy, in part, by persons or families of low and moderate income, as defined in chapter 462A, Title II of the National Housing Act of 1934, the National Housing Act of 1959, the United States Housing Act of 1937, as amended, Title V of the Housing Act of 1949, as amended, or similar present or future federal, state or municipal legislation and the regulations promulgated thereunder, and that satisfies the income limitations of Minnesota Statutes, Section 469.1761. The project to be constructed in the District consists only of housing for individuals or families of low or moderate income, and no commercial or other uses are contemplated therein. Therefore, the District qualifies as a "housing district" within the meaning of Minnesota Statutes, Section 469.174, subdivision 11. (b) The proposed development, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future. Therefore, the use of tax increment financing is deemed necessary. (c) The Amended Financing Plan conforms to the general plan for the development or redevelopment of the City as a whole. (d) The Amended Financing Plan affords maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of the proposed projects by private enterprise. (e) Upon review of the Amended Financing Plan, the information elicited at the public hearing and on the basis of the findings in(a)through (d) above,this Council hereby approves the Amended Financing Plan. Section 2. Filing. The City Clerk is hereby authorized and directed to file the Amended Financing Plan with the Commissioner of Revenue and the Office of the State Auditor as required by Minnesota Statutes, Section 469.175, subdivision 4a. ADOPTED by the Eden Prairie City Council on December 4, 2012. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk AMENDED PROJECT MANAGEMENT AGREEMENT BY AND BETWEEN THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE AND COLUMBINE TOWNHOMES AFFORDABLE HOUSING LIMITED PARTNERSHIP THIS AMENDED PROJECT MANAGEMENT AGREEMENT (THE "AMENDMENT") IS MADE AS OF DECEMBER 4, 2012 BETWEEN THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, A PUBLIC BODY CORPORATE AND POLITIC UNDER THE LAWS OF THE STATE OF MINNESOTA (THE AGENCY), AND COLUMBINE TOWNHOMES AFFORDABLE HOUSING LIMITED PARTNERSHIP, A LIMITED PARTNERSHIP UNDER THE LAWS OF THE STATE OF MINNESOTA (THE DEVELOPER). RECITALS: WHEREAS, Agency and Developer entered into that certain agreement entitled "Project Management Agreement", made as of the 8th day of April, 1996 ("Agreement'), regarding certain land owned by Developer, legally described as set forth on Exhibit A, attached hereto and incorporated here, ("Property"), for private development in the City of Eden Prairie, Minnesota ("City"), upon which the Developer has developed a multifamily housing project ("Project"); and WHEREAS, Agency and City agreed to provide tax-increment financing to reimburse the Developer for certain qualified costs of the Project pursuant to Minnesota Statutes, Sections 469.174 to 469.179, as amended(the "Tax Increment Act"); and WHEREAS, Agency and City adopted a Tax Increment Financing Plan for Tax Increment Financing District 12 dated February 6, 1996 ("TIF Plan"); and WHEREAS, Agency and City have adopted an amendment to the TIF Plan which increases the budget and estimates a longer term of the district in order to continue the provision of affordable housing. WHEREAS, it is now the desire of the Agency and the Developer to amend the provisions of the Agreement to account for the increase in budget and estimated increase in term in order to provide additional financial assistance to the Developer for the continuation of affordable housing for the extended term of the District. NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants, conditions, and promises set forth in this Amended Agreement, the parties agree as follows: 1. Subsection 2.4 of the Agreement is amended by inserting at the end of the paragraph the following: The Agency anticipates that the TIF District will remain in existence 2 the for the maximum 25-year duration allowed by law (projected to be through the year 2022). The Agency anticipates providing additional financial assistance to the Developer in the maximum amount of$346,646 (90% of the total projected tax increment revenues for the years 2013 through 2022). 2. Section 3 of the Agreement, "Developer's Obligations," is amended by adding subsection 3.13 which reads as follows: 3.13. Minimum Market Value. a. The Developer agrees that the minimum market value of the Property and the Project for ad valorem tax purposes, shall be not less than $3,900,000 (payable 2012 market value) and shall not be reduced by any action taken by the Developer(other than a deed in lieu of, or under threat of, condemnation by the City of Eden Prairie, Hennepin County or other condemning authority), to less than the said amount, and that no reduction of the market value below said minimum market value shall be sought by the Developer or granted by any public official or court except in accordance with Minnesota Statutes, Section 469.177, subdivision 8. This minimum market value shall apply only to the Property, the Project and any other facilities situated on the Property. In the event of involuntary conversion of the Property and the Project for any reason (other than condemnation by a public entity), the minimum market value shall not be reduced to an amount less than said minimum market value. b. The Developer acknowledges and agrees that the Property and the Project are subject to ad valorem property taxation and that such property taxes constitute taxes on "real property" (as provided in Section 469.174, subdivisions 4 and 7(d) of the TIF Act) and, to the extent reflecting net tax capacity rates of taxing jurisdictions levied against the captured net tax capacity of the District, constitute tax increment. c. Nothing in this Agreement shall limit the discretion of the county assessor or the City of Eden Prairie or any other public official or body having the duty to determine the market value of the Property, the Project and other facilities on the Property for ad valorem tax purposes, to assign to the Property, the Project or to any other improvements constructed on the Property, on a nondiscriminatory basis and treated fairly and equally with all other property so classified in the respective counties, a market value in excess of the minimum market value specified in this Subsection. The Developer shall have the normal remedies available under the law to contest any assessor's estimated value in excess of said minimum market value, but only to the extent of the excess. 3. Except as specifically amended hereby, the Agreement shall continue in full force and effect. The Agreement and this Amendment shall, from and after the date hereof, be construed as one instrument. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first above written. AGENCY: THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, Chairperson Rich Getschow, Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2012,by Nancy Tyra-Lukens and Rich Getschow, the Chairperson and Executive Director, respectively, of the Housing and Economic Development Authority in and for the City of Eden Prairie, a public body corporate and politic of the State of Minnesota, on behalf of that pubic body corporate and politic. Notary Public DEVELOPER: COLUMBINE TOWNHOMES AFFORDABLE HOUSING LIMITED PARTNERSHIP By Its By Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2012, by and as and respectively of Columbine Townhomes Affordable Housing Limited Partnership, a Minnesota limited partnership, on behalf of the partnership. Notary Public EXHIBIT A Legal Description Lot One (1), Block One (1), Columbine Addition, according to the recorded plat thereof, Hennepin County, Minnesota. 18 City of Eden Prairie, Ni nnesota Housing and Redevelopment Authority in and for the City of Eden Prairie Amendment to Tax Increment Financing Plan for Tax Increment Financing (Housing) District No. 12 within Redevelopment Project Area No. 4 (Columbine Road Project) Original Dated: February 6, 1996 DRAFT Amendment Dated: November 2, 2012 Prepared by: SPRINGSTED INCORPORATED 380 Jackson Street, Suite 300 St. Paul, NV 55101-2887 (651)223-3000 YIN A/V.SPRINGSTED.COW INTRODUCTION The purpose of the proposed Amendment to the Tax Increment Financing Ran for Tax Increment Financing District No. 12 is to increase the budget in order to facilitate reimbursement of additional developer-incurred project costs associated with continuing to provide affordable housing within the City of Eden Prairie, pursuant to an extension of the project management agreement.The Authority reserves the right to use tax increment for all 11F eligible costs of the district, induding related administrative expen . The sections of the Amended Ran specifically being altered include, Section F: Duration of the 11F District; Section K Estimated Public Costs; Section L: Estimated Sources of Revenue; Section M: Estimated Amound of Bonded Indebtedness; 0 Original Tax Capadty Rate; Section P: Projected Retained Captured Net Tax Capadty and Projected Tax Increment and Section V: Estimated Impact on Other Taxing Jurisdictions. This modification is not intended to reflect all changes in the statute or to the project since the original project was approved. TABLE OF CONTENTS Section Page(s) F Duration of the TIF District 1 K Estimated Public Costs 1 L Estimated Sources of Revenue 1 M Estimated Amount of Bonded Indebtedness 2 0 Original Tax Capacity Rate 2 P Projected Retained Captured Net Tax Capacity and Projected Tax Increment 2 V Estimated Impact on other Jurisdictions 3 X Development Agreements 3 Map of the Development District&Tax Increment Financing District EXHIBIT I Assumptions Report EXHIBIT II Projected Tax Increment Report EXHIBIT III Estimated Impact on Other Taxing Jurisdictions Report EXHIBIT IV Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota Section F Duration of the 11F District Housing districts may remain in existence 25 years from the date of receipt by the Authority of the first tax increment. Modifications of this plan(see Section Z)shall not extend these limitations. The Authority anticipates that the District will remain in existence the maximum duration allowed by law(projected to be through the year 2022). The purpose of this modification is to increase the estimated public costs and sources of revenue in anticipation of an extension to the Project Management Agreement that will allow for the collection and spending of tax increments through the maximum duration allowed (:,co Section P). Hohever the Authority will decertify the 11F District as eariy as possible should the projected increment be received in a shorter time period than originally projected. All tax increments from taxes payable in the year the TIF District is decertified shall be paid to the Authority. Section K Estimated Public Costs The estimated public costs of the 11F District are listed below. Such costs are eligible for reimbursement from tax increments of the 11F District. Original Budget Administrative Proposed February 6, 1996 Amendrnent Modification April 17,2007 (December 4, 2012) _ Land/Building acquisition $212,000 $315,000 $315,000 Site Irriproverrents/preparation costs 67,600 100,000 100,000 Installation of public utilities 57,900 85,000 85,000 Reirribursernent for eligible housing 59,959 456,810 activities _ Loan/note interest payments 246,959 _ Administrative expenses 37,500 62,000 62,000 Total $621,959 $621,959 $1,018,810 The Authority reserves the right to administratively adjust the amount of any of the items listed above or to incorporate additional eligible items, so long as the total estimated public cost is not increased. Section L Estimated Sources of Revenue Administrative original Budget Proposed Modification Amend7 February 6, 1996 April 1 2 07 (December 4,2012) Tax Increment revenue $621,959 $621,959 $1,018,810 Interest on invested funds Bon /Note proceeds Real estate sales Other Total $621,959 $621,959 $1,018,810 The Authority anticipates providing additional financial assistance to the project through an extension of the Agreement on a pay-as-you-go basis. Under the pay-as-you-go scenario, future tax increments received from the property within the 71F District are distributed to the developer/owner as reimbursement for public costs incurred(see Section K). SPRINGSTED Page 1 Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota The Authority reserves the right to finance any or all public costs of the 11F District using pay-as-you-go assistance, internal funding, general obligation or revenue debt, or any other finandng mechanism authorized by law. The City also reserves the right to use other sources of revenue legally applicable to the Project Area to pay for such costs induding, but not limited to, special assessments, utility revenues,federal or state funds,and investment income. Section M Estimated Amount of Bonded Indebtedness The Authority does not antidpate issuing tax increment bonds to finance the estimated public costs of the 11F District. However it reserves the right to issue an amount that would not exceed$1,018,810. Section 0 Original Tax Capacity Rate The County Auditor shall also certify the original tax capacity rate of the 71F District. This rate shall be the sum of all local tax rates that apply to property in the T1F District. This rate shall be for the same taxes payable year as the original net tax capacity. The amount of tax increment generated by the TTF District will be calculated using the lesser of(a)the sum of the current local tax rates at that time or(b)the original (frozen')tax capacity rate of the 71F District. The proposed local tax rates that apply to property in the T1F District,for taxes levied in 2012 and payable in 2013 is 125.376%as shown below. This amount is less than the frozen rate of 139.201°/g therefore the projections assume this tax rate shall apply for the remaining term of the District. Proposed 2012/2013 Jurisdiction Local Tax Rate City of Eden Prairie 34.329% Hennepin County 49.349% ISD#272 29.914% Other 11.784% Total 125.376% Section P Projected Retained Captured Net Tax Capacity and Projected Tax Increment Each year the County Auditor shall detemnine the current net tax capacity of all property in the 1TF District. To the extent that this total exceeds the original net tax capacity, the difference shall be known as the captured net tax capacity of the Tl F District. The County Auditor shall certify to the Oty the amount of captured net tax capacity each year. The Oty may choose to retain any or all of this amount. It is the Citys intention to retain 100%of the captured net tax capadty of the T1F District. Such amount shall be known as the retained captured net tax capacity of the T1F District. Exhibit II gives a listing of the various information and assumptions used in preparing a number of the exhibits contained in this 71F Plan, including Exhibit III which shows the projected tax increment generated over the remaining life of the TTF District. SPRINGSTED Page 2 Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota Section V Estimated Impact on Other Taxing Jurisdictions Exhibit IV shows the estimated impact on other taxing jurisdictions if the maximum projected retained captured net tax capacity of the liF Distract was hypothetically available to the other taxing jurisdictions. The City believes that there will be no adverse impact on other taxing jurisdictions during the life of the liF District, since the proposed development would not have occurred without the establishment of the 11F District and the provision of public assistance. A positive impact on other taxing jurisdictions will occur when the 11F District is decertified and the development therein becomes part of the general tax base. The fiscal and economic implications of the proposed tax increment financing district, as pursuant to Nfnnesota Statutes, Section 469.175, Subdivision 2, are listed below. 1. The total amount of tax increment that will be generated over the life of the district is estimated to be $1,018,810. $346,646 is estimated to be the additional amount attributable to the modification 2. To the extent the project in the proposed liF District No. 12 generates any public cost impacts on city- provided services such as police and fire protection, public infrastructure, and borrowing costs attributable to the district, such costs will be levied upon the taxable net tax capacity of the Oty, exduding that portion captured by the District. The Oty does not anticipate issuing general obligation tax increment bonds to finance a portion of the costs attributable to the District. 3. The amount of tax increments over the life of the district that would be attributable to school district levies, assuming the school district's share of the total local tax rate for all taxing jurisdictions remained the same, is estimated to be$243,960$93,052 is estimated to be the additional amount attributable to the modification. 4. The amount of tax increments over the life of the district that would be attributable to county levies, assuming the countsls share of the total local tax rate for all taxing jurisdictions remained the same is estimated to be$402,460. $153,216 is estimated to be the additional amount attributable to the modification. 5. No additional information has been requested by the county or school district that would enable it to determine additional crests that will accrue to it due to the development proposed for the district. To our knowledge neither entity has adopted standard questions in a written policy on information requested for fiscal and economic implications. Section X Development Agreements If within a project containing a housing district, more than 25%of the acreage of the property to be acquired by the Oty is purchased with tax increment bonds proceeds(to Mich tax increment from the property is pledged),then prior to such acquisition, the City must enter into an agreement for the development of the property. Such agreement must provide recourse for the Oty should the development not be completed. The Authority antidpates entering into an extension of the existing project management agreement to allow for reimbursement of additional eligible costs associated with maintaining the project and providing affordable housing; however the Authority does not anticipate acquiring any property located within the 11F District. SPRINGSTED Page 3 Exhibit I MAP OF TAX INCREMENT FINANCING(HOUSING)DISTRICT NO. 12 P 4 L_--=.,---„,..stkt....„4, ,ti f ;99 i CT LOCATION ; , . {24, �� ;f rya�i ' �O l ►rows rn_t .3. i �-01 - . + ti 1 •L 4 A Pin r ,"4 lug• 'k� - —^ •au ad1 a y 00111 r s r (17) i wr'.sa. a— C.: '. •- •f.ArN • .1.rrirviairifiggir It -4. ._ , i-4.Mrt.vw +i ' + f/,. • Ir++.lj."1!".. .� • 2ai Ixa r 11 . ...4.4....v, ip . c„..--v. ... •i... . _... 1 ; a„,_Eilk iii$ , -; h D { Zi7�H r vta.SY "._ r �.sv.s3 {t2) li .. ~ rs ;E7) y,- lV0.7� p,1,C1 [ {[ SSA+ 4 {if) R�.y'K IIL) Itoid ;R s - w.,� If se '4 Eli- 1 .I• . frifly . {Ili'. — 1 1 ,S4— 44. II 11- ea A CENTER ;� i _ lJr i = �— I. r.t as • S Z?` �` ,---e rsis SPRINGSTED Page 4 Exhibit 11 Assumptions Report City of Eden Prairie,Minnesota Modification to Tax Increment Financing (Housing)District No. 12 (Columbine Road Project) Type of Tax Increment Financing District Housing Maximum Duration of TIF District 25 years from 1st increment Projected Modification Approval Date 12/04/12 Decertification Date 12/31/22 (10 Years of Increment) Base Estimated Market Value $276,000 Original Net Tax Capacity $3,450 Assessment/Collection Year 2011/2012 2012/2013 2013/2014 2014/2015 2015/2016 Base Estimated Market Value $276,000 $276,000 $276,000 $276,000 $276,000 Estimated Increase in Value 0 3,820,000 3,820,000 3,942,880 4,069,446 Total Estimated Market Value 276,000 4,096,000 4,096,000 4,218,880 4,345,446 Total Net Tax Capacity $3,450 $30,720 $30,720 $31,642 $32,591 City of Eden Prairie 34.329% Hennepin County 49.349% ISD#272 29.914% Other 11.784% Local Tax Capacity Rate 125.376% Proposed 2012/2013 Frozen Tax Capacity Rate 139.2010% Fiscal Disparities Contribution From TIF District NA Administrative Retainage Percent(maximum = 10%) 10.00% Pooling Percent 0.00% Note (Pay-As-You-Go) Note Dated 12/04/12 Note Rate 0.00% Note Amount $357,166 Present Value Date &Rate 12/04/12 4.50% PV Amount $267,217 Notes Projections utilize proposed pay 2013 tax rates and assume no future changes to classification rates or tax rates; and include a 2%annual market value Inflator. Projections only show remaining 10 years of tax increment collections (2013-2022),to coincide with anticipated extension of the Project Management Agremeent to allow for reimbursement of additional eligible housing costs associated with providing affordable housing. SPRINGSTED Page 5 Exhibit III Projected Tax Increment Report City of Eden Prairie,Minnesota Modification to Tax Increment Financing(Housing)District No.12 (Columbine Road Project) Less: Retained Times: Less: Less: Annual Total Total Original Captured Tax Annual State Aud. Subtotal City Annual Period Market Net Tax Net Tax Net Tax Capacity Gross Tax Deduction Gross Tax Retainage Net Ending Value Capacity Capacity Capacity Rate Increment 0.360% Increment 10.00% Revenue (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) 12/31/11 12/31/12 12/31/13 4,096,000 30,720 3,450 27,270 125.376% 34,190 123 34,067 3,407 30,660 12/31/14 4,218,880 31,642 3,450 28,192 125.376% 35,346 127 35,219 3,522 31,697 12/31/15 4,345,446 32,591 3,450 29,141 125.376% 36,536 132 36,404 3,640 32,764 12/31/16 4,475,810 33,569 3,450 30,119 125.376% 37,761 136 37,625 3,763 33,862 12/31/17 4,610,084 34,576 3,450 31,126 125.376% 39,024 140 38,884 3,888 34,996 12/31/18 4,748,387 35,613 3,450 32,163 125.376% 40,325 145 40,180 4,018 36,162 12/31/19 4,890,838 36,681 3,450 33,231 125.376% 41,664 150 41,514 4,151 37,363 12/31/20 5,037,563 37,782 3,450 34,332 125.376% 43,044 155 42,889 4,289 38,600 12/31/21 5,188,690 38,915 3,450 35,465 125.376% 44,465 160 44,305 4,431 39,874 12/31/22 5,344,351 40,083 3,450 36,633 125.376% 45,929 165 45,764 4,576 41,188 $398,284 $1,433 $396,851 $39,685 $357,166 Prior Years $624,206 $2,247 621,959 62,196 559,763 Total 1,022,490 3,680 1,018,810 101,881 916,929 SPRINGSTED Page 6 Exhibit IV Estimated Impact on Other Taxing Jurisdictions Report City of Eden Prairie, Minnesota Modification to Tax Increment Financing(Housing)District No.12 (Columbine Road Project) Without Project or TIF District With Project and TIF District Projected Hypothetical 2011/2012 2011/2012 Retained New Hypothetical Hypothetical Tax Generated Taxable 2011/2012 Taxable Captured Taxable Adjusted Decrease In by Retained Taxing Net Tax Local Net Tax Net Tax Net Tax Local Local Captured Jurisdiction Capacity(1) Tax Rate Capacity(1) + Capacity = Capacity Tax Rate(*) Tax Rate(*) N.T.C.(*) City of Eden Prairie 88,510,928 34.329% 88,510,928 $36,633 88,547,561 34.315% 0.014% 12,570 Hennepin County 1,251,745,096 49.349% 1,251,745,096 36,633 1,251,781,729 49.348% 0.001% 18,077 ISD#272 85,059,633 29.914% 85,059,633 36,633 85,096,266 29.901% 0.013% 10,954 Other(2) --- 11.784% --- 36,633 --- 11.784% --- --- Totals 125.376% 125.347% 0.029% * Statement 1: If the projected Retained Captured Net Tax Capacity of the TIF District was hypothetically available to each of the taxing jurisdictions above,the result would be a lower local tax rate(see Hypothetical Adjusted Tax Rate above) which would produce the same amount of taxes for each taxing jurisdiction. In such a case,the total local tax rate would decrease by 0.029%(see Hypothetical Decrease in Local Tax Rate above). The hypothetical tax that the Retained Captured Net Tax Capacity of the TIF District would generate is also shown above. Statement 2: Since the projected Retained Captured Net Tax Capacity of the TIF District is not available to the taxing jurisdictions, then there is no impact on taxes levied or local tax rates. (1) Taxable net tax capacity=total net tax capacity-captured TIF-fiscal disparity contribution,if applicable. (2) The impact on these taxing jurisdictions is negligible since they represent only 9.40%of the total tax rate. SPRINGSTED Page 7 CITY COUNCIL AGENDA DATE: SECTION: Public Hearings December 4, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.C. Office of the City Manager/ Fee Schedule Ordinance—First Finance, Sue Kotchevar Reading Requested Action Move to: • Close the Public Hearing; and • Approve 1 St Reading of the Ordinance Updating the Fee Schedule for Administration of Official Controls. Synopsis This Ordinance establishes a fee schedule for the City's costs in administering Official Controls pursuant to Minnesota Statutes Section 462.353, Subd. 4. Background Information 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. Attachments Proposed Ordinance Report of Changes CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. xx-2012 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REVISING THE TITLE PAGE OF CHAPTER 25 AND ESTABLISHING A FEE PRESCRIBED FOR REVIEW, INVESTIGATION AND ADMINISTRATION OF AN APPLICATION FOR AN OFFICIAL CONTROL PURSUANT TO MINN. STAT. § 462.351 TO 462.364, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Chapter 25 is amended by replacing in its entirety the "Fee Schedule for Administration of Official Controls" with the 2013 fee schedule set forth below. The following fees are prescribed for the review, investigation and administration of an application for an amendment to an official control established pursuant to Minnesota Statute Sections 462.351 to 462.364 or an application for a permit or other approval required under an official control established pursuant to those sections: SERVICE FEE DESCRIPTION BUILDING INSPECTIONS Building Permit-Valuation $1 to $500 $35.00 $501 to $2,000 $35.00 1st $500 plus $4.10 each add'l $100 or fraction thereof, to & including $2,000 $2,001 to $25,000 $96.50 1st $2,000 plus $18.65 each add'l $1,000 or fraction thereof, to & including $25,000 $25,001 to $50,000 $525.45 1st $25,000 plus $13.70 each add'l $1,000 or fraction thereof, to & including $50,000 $50,001 to $100,000 $867.95 1st $50,000 plus $9.50 each add'l $1,000 or fraction thereof, to & including $100,000 $100,001 to $500,000 $1,342.95 1st $100,000 plus $7.65 each add'l $1,000 or fraction thereof, to & including $500,000 $500,001 to $1,000,000 $4,402.95 1st $500,000 plus $6.30 each add'l $1,000 or fraction thereof, to & including $1,000,000 $1,000,001 &up $7,552.95 1st $1,000,000 plus $5.10 each add'l $1,000 or fraction thereof SERVICE FEE DESCRIPTION Building Permit Other Inspections & Fees Plan checking 65% of the building permit fee Reinspection $50.00 Per hour Investigation Fee—work Equal to amount of permit started w/o a permit fee Demolishing or Razing $100.00 Buildings—Commercial Building Demolishing of Razing $35.00 Buildings - House Demolishing or Razing $35.00 Buildings - Garage Demolishing or Razing $35.00 Buildings —Accessory Building Demolishing or Razing $35.00 Buildings - Interior Demo Demolishing or Razing $35.00 Buildings—Exterior Demo Cash Park Fee Single Family Unit $6,500.00 Per unit All other residential $5,500.00 Per unit Office, Commercial, $11,500.00 Per acre Industrial DEVELOPMENT Community Development Deposit 0 to 40 Acres $4,100.00 A development deposit agreement is required for planned unit developments, planned unit development amendments, rezoning,platting, site plan review, guide plan changes and environmental assessment worksheets 41 to 80 acres $4,375.00 81+ acres $5,000.00 Guide Plan Charge $710.00 Plus $5.00 per acre Planned Unit $770.00 Plus $5.00 per acre Development(P.U.D) Fee Planned Unit $770.00 Plus $5.00 per acre Development Amendment Platting Residential-0 to 10 units $510.00 Plus $5.00 per unit 2 SERVICE FEE DESCRIPTION Residential-11 or more $620.00 Plus $5.00 per unit Commercial, Industrial, $510.00 Plus $25.00 per acre Office, Public-0 to 3 acres Commercial, Industrial, $620.00 Plus $25.00 per acre Office, Public-3.1 or more acres Site Plan Review Administrative $350.00 Site Plan Review(City Council) Multi-Family-0 to 10 $505.00 Plus $5.00 per unit units Multi-Family-11 or $610.00 Plus $5.00 per unit more units Commercial, Industrial, $505.00 Plus $25.00 per acre Office, Public-0 to 3 acres Commercial, Industrial, $610.00 Plus $25.00 per acre Office, Public-3.1 or more acres ZONING Commercial,Industrial, Office, Public 0-3 acres $510.00 Plus $25.00 per acre 3.1 or more acres $625.00 Plus $25.00 per acre Residential 0-10 units $510.00 Plus $5.00 per unit 11 or more units $625.00 Plus $5.00 per unit Shoreland Management Ordinance Permits Temporary structure in $95.00 public waters Change in structure in $95.00 public waters Multiple dock or dock $95.00 excess of 75' Zoning Amendment and Zoning Appeal Zoning amendment $280.00 Appeal to Board of Adjustments and Appeals Variances Residential $375.00 Includes residential zoned properties for new construction,building additions, decks,porches, garages, accessory structures and variances from all chapters of the City Code Variances Other $610.00 Includes variances associated with properties zoned office, industrial, 3 SERVICE FEE DESCRIPTION commercial and residential Variances Building or $250.00 Fire Code Appeal ZONING-TELECOMMUNICATIONS Commercial Wireless Communications towers and/or antennas Administrative $265.00 Towers and/or antennas meeting code located on private property Letter of Intent $2,100.00 Non-refundable Towers and/or antennas on City property Letter of Intent $1,100.00 Deposit for Additional funds may be required if the legal/consultant costs balance in the deposit account is inadequate to pay for all of the fees and costs incurred by the City Variances required for See Development Fees tower and/or antennas Site Plan Review See Development Fees required for tower and/or antennas ENGINEERING Environmental $500.00 Plus $10.00/acre Assessment Worksheet (E.A.W.) Excavation & Grading—Grading Permit Fee/Plan Review Fee 101 to 500 cubic yards $100.00 501 to 1,000 cubic yard $250.00 1,001 to 10,000 cubic $500.00 yards 10,001 to 100,000 cubic $1,000.00 yards 100,001 or more $2,000.00 *The following fees are the total hourly cost to the jurisdiction. This cost shall include supervision, overhead, equipment, hourly wages, and fringe benefits of the employees involved. Reinspection fee $90.00* Minimum charge is one half hour, required by changes, additions or revisions to approve plans Additional plan review $90.00* Minimum charge is one half hour, fees required by changes, additions or revisions to approve plans Public Right-of Way or Easement Vacation Application Fee $350.00 Per transaction/for vacating the City's interest in real property, including right- of-way and easement's (for consultation, review, notice mailing, publication of notice and recording) Signs 4 SERVICE FEE DESCRIPTION Up to 30 sq ft in size $75.00 31 sq ft through 50 sq ft $95.00 in size 51 sq ft through 80 sq ft $115.00 in size 81 sq ft or over $145.00 Charge for returning $15.00 picked up signs ** The surface of double or multi-forced signs shall be combined for the purpose of determining the amount of the fee. Engineering—Land Development Services For consultants,utility and street plans and specifications, general and final inspections of improvements and special assessment division. Final Plan Review, Contract Administration, and Inspection Review 5%multiplied by the Not applicable to projects built by city total construction cost through special assessment. Cost include public infrastructure improvements (excluding grading costs), subject to approval by City Engineer payable prior to start-up. Final Plat Residential $65.00 Per unit/Minimum $350.00 plus cost of review by special assessment. Costs include public infrastructure improvements (excluding grading costs), subject to approval by City Engineer payable prior to start-up. Commercial, Industrial, $150.00 Per acre/Minimum $400.00 Office and Public Administrative Land $100.00 Division LGU Review Min. Payment is $160. $90.00 An hour Plus cost of review by special consultants necessary as determined by the City Manager. The deposit, or a portion thereof,will be refunded after final City Council action on the Development Application if the total 5 SERVICE FEE DESCRIPTION sum deposited is greater than the administrative review cost or if no City Council action is required the deposit will be refunded after all site review and monitoring activities are complete. All costs incurred by the City or their consultant that exceed the cash deposit balance will be billed to the applicant. LGU Deposit-Plan Review An LGU deposit $4,000.00 agreement is required for wetland alteration, wetland replacement, wetland restoration and/or wetland bank plan reviews LGU Deposit—Site Review Single Family $170.00 An LGU deposit agreement is required Residential for review of wetland delineations or wetland determinations on single family residential properties. Site Review or $1,250.00 An LGU deposit agreement is required Development Review for site review and/or wetland delineation review. Section 2. Ordinance No. 19-2011 is repealed effective January 1, 2013. Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" is hereby adopted in its entirety by reference, as though repeated verbatim herein. Section 4. This Ordinance shall become effective January 1, 2013 for calendar year 2013. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 4th day of December, 2012, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 4th day of December, 2012. 6 ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on November 8th, 2012. 7 Community Development Fees&Charges 2013 City Ordinances Changes City of Eden Prairie ITEM-ACTIVITY DESCRIPTION 2012 2013 %Change'12-'13 DEVELOPMENT Community Development Deposit A development deposit agreement is required for planned unit developments,planned unit development amendments,rezoning,platting,site plan review,guide plan changes and environmental assessment worksheets. 0 to 40 acres $ 4,000 $ 4,100 2.5% 41 to 80 acres $ 4,250 $ 4,375 2.9% 81+acres $ 4,950 $ 5,000 1.0% Guide Plan Charge Guide Plan Charge Plus$5.00 per acre $ 690 $ 710 2.9% Planned Unit Development(P.U.D.)Fee Planned Unit Dev.(P.U.D.)Fee Plus$5.00 per acre $ 750 $ 770 2.7% Planned Unit Development Amendment Planned Unit Dev.Amendment Plus$5.00 per acre $ 750 $ 770 2.7% Platting Residential-0to 10 units Plus$5.00 per unit $ 495 $ 510 3.0% Residential-11 or more units Plus$5.00 per unit $ 605 $ 620 2.5% Commercial,Industrial,Office,Public 0 to 3 acres--Plus$25.00 per acre $ 495 $ 510 3.0% Commercial,Industrial,Office,Public 3.1 or more acres--Plus$25.00 per acre $ 605 $ 620 2.5% Site Plan Review Administrative $ 340 $ 350 2.9% Site Plan Review(City Council) Multi-Family-0 to 10 units Plus$5.00 per unit $ 490 $ 505 3.1% Multi-Family-11 or more units Plus$5.00 per unit $ 595 $ 610 2.5% Commercial,Industrial,Office,Public 0 to 3 acres--Plus$25.00 per acre $ 490 $ 505 3.1% Commercial,Industrial,Office,Public 3.1 or more acres--Plus$25.00 per acre $ 595 $ 610 2.5% ZONING Commercial,Industrial,Office,Public 0-3 acres Plus$25.00 per acre $ 495 $ 510 3.0% 3.1 or more acres Plus$25.00 per acre $ 610 $ 625 2.5% Residential 0-10 units Plus$5.00 per unit $ 495 $ 510 3.0% 11 or more units Plus$5.00 per unit $ 610 $ 625 2.5% Shoreland Management Ordinance Permits Temporary structure in public waters $ 90 $ 95 5.6% Change in structure in public waters $ 90 $ 95 5.6% Fee is per hour. Min.Payment is$160.Plus cost of review by special consultants necessary as determined by the City Manager.The deposit $ 90 $ 95 5.6% ,or a portion thereof,will be refunded after final City Council action on the Development Application if the total sum deposited is greater than the administrative review cost or if no City Council action is required the deposit will be refunded after all site review and monitoring activities are complete.All costs incurred by the City or their consultant that exceed the cash deposit balance will be billed to the applicant. Zoning Amendment and Zoning Appeal Zoning amendment Appeal to Board of Adjustments and Appeals $ 270 $ 280 3.7% Variances Residential Includes residential zoned properties for new construction,building additions,decks,porches, $ 365 $ 375 2.7% garages,accessory structures and variances from all chapters of the City Code Variances Other Includes variances associated with properties zoned office,ind.,comm.and residential $ 595 $ 610 2.5% ZONING-TELECOMMUNICATIONS Commercial Wireless Communications towers and/or antennas Environmental Assessment Worksheet(E.Towers and/or antennas meeting code located on private property $ 260 $ 265 1.9% Letter of Intent Non-refundable-Towers and/or antennas on City property $ 2,050 $ 2,100 2.4% Letter of Intent Deposit for legal/consultant costs-additional funds may be required if the balance in the deposit $ 1,050 $ 1,100 4.8% account is inadequate to pay for all of the fees and costs incurred by the City. 1 Engineering Fees & Charges 2013 City Ordinances Changes City of Eden Prairie ITEM-ACTIVITY DESCRIPTION 2012 2013 %Change'12-'13 ENGINEERING LGU Deposit-Site Review Site Review or Development Review An LGU deposit agreement is required for site reivew $ 1,200 $ 1,250 4.2% and/or wetland delineation review. 2 CITY COUNCIL AGENDA DATE: SECTION: Public Hearings December 4, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.D. Office of the City Manager/ Fee Resolution Finance, Sue Kotchevar Requested Action Move to: • Close the Public Hearing; and • Adopt the 2013 Fee resolution Synopsis This Resolution updates the fee schedule for the City's services not covered by ordinance. Attachment Proposed Resolution Report of Changes CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NUMBER NO.2012- A resolution regulating fees and charges for business licenses,permits and municipal services. The City Council of the City of Eden Prairie resolves as follows: Page Parks and Recreation Community Center Membership 3 Community Center Open Activities and PlayCare 4 Community Center Group Rates, Equipment Rental,and Advertising 5 Community Center Rental 6 Parks and Recreation Rental 8 Parks and Recreation 10 Cemetery 11 Community Development Assessing 13 Public Works Engineering 15 Utilities 16 Police Police 19 Business Licenses and Fees 20 Fire Fire Department 22 Building Inspection 23 Office of the City Manager Administrative 26 Finance 27 Facilities Equipment and Room Rental 28 Attachment A-Miscellaneous Fire Fees 30 Attachment B-Priority Rental Classifications 34 Fees not stated in this Resolution may be set by the City Manager. All Resolutions of the City of Eden Prairie, Minnesota, relating to fees heretofore adopted are hereby repealed. ADOPTED by the City Council of Eden Prairie this 4th day of December, 2012,to be effective the 1st day of January, 2013. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk 2013 F e e s December er 12 City of Eden Prairie, Minnesota 1 Parks and Recreation 2013 Fees 2 Community Center Membership Fees & Charges City of Eden Prairie 2013 Fees ITEM-ACTIVITY DESCRIPTION COMMUNITY CENTER MEMBERSHIP Daily Full Use Pass(includes open gym,open skate,open swim,group fitness,fitness,and racquetball) Must be age 15 and up to use Fitness Center(12- 14 with adult supervision) Members free Individual Resident Youth or adult $ 9.00 Individual Non Resident Youth or adult $ 12.00 Monthly Resident Membership Rates A resident either lives or works in Eden Prairie. 10%discount on upfront purchase of 12 month membership Youth (18 and under) Monthly rate plus applicable taxes $ 28.00 Adult(19 and over) Monthly rate plus applicable taxes $ 36.00 Dual Monthly rate plus applicable taxes $ 63.75 Dual Plus One Monthly rate plus applicable taxes $ 75.50 Household Monthly rate plus applicable taxes $ 86.50 Senior(62 and older) Monthly rate plus applicable taxes $ 28.00 Senior Dual Monthly rate plus applicable taxes $ 48.00 Monthly Non Resident Membership Rates Youth (18 and under) Monthly rate plus applicable taxes $ 43.50 Adult(19 and over) Monthly rate plus applicable taxes $ 43.50 Dual Monthly rate plus applicable taxes $ 77.25 Dual Plus One Monthly rate plus applicable taxes $ 90.50 Household Monthly rate plus applicable taxes $ 104.00 Senior(62 and older) Monthly rate plus applicable taxes $ 43.50 Senior Dual Monthly rate plus applicable taxes $ 77.25 College Student Short-term Membership Rates Students must show college ID *Administrative Fee is waived *Applicable taxes apply One Month (Winter Break) 30 consecutive days $ 49.00 Three Months(Summer) 3 consecutive months $ 99.00 Four Months(Summer) 4 consecutive months $ 129.00 Non-College Student Short-term Membership Rate One Month Administrative Fee is waived $ 75.00 Membership Administrative Fee Membership Administrative Fee Fee to administer a new membership $ 29.00 Membership Change Fee Membership Change Fee Fee to make changes to an account $ 10.00 3 Community Center Open Activities and PlayCare Fees & Charges City of Eden Prairie 2013 Fees ITEM-ACTIVITY DESCRIPTION COMMUNITY CENTER OPEN ACTIVITIES Tot Time/Open Gym Members Child must be on a family membership free Non Members $ 6.00 Open Skate,Swim and Gym Resident and Non Resident-fee is for the use of open swim,open skate,and open gym Babies up to 12 months free Tots 12 months to 4 years $ 4.50 Youth 5 years of age to 18 years of age $ 5.00 Adult 19 years of age or older $ 5.50 Family rate Max 5 people living at same address $ 16.50 Racquetball Members free Non-Members $ 8.50 Racquetball Non Prime Rate 8:00am-11:00 am/after 2:00pm on Saturday/All day Sunday $ 5.50 COMMUNITY CENTER PLAY CARE&PLAY STRUCTURE Play Care Play Care -Parent is a Member Two hours;Two hour maximum $ 2.50 Play Care-Parent is a Nonmember Two hours;Two hour maximum $ 3.50 Punch Cards-Parent is a Member Punch Card-20 sessions $ 40.00 Punch Card-Parent is a Nonmember Punch Card-20 sessions $ 60.00 Play Structure Under 12 months Per child,per visit free 18 months-4 years of age Per child,per visit $ 4.00 5 years to 15 years Per child,per visit $ 5.00 Play Structure-Non-prime Time Half price Monday-Friday after 1 p.m.and Saturday-Sunday after 4 p.m. Under 18 months Per child,per visit free 12 months-4 years of age Per child,per visit $ 2.00 5 years to 15 years Per child,per visit $ 2.50 4 Community Center Group Rates, Equip. Rental, and Advertising Fees & Charges City of Eden Prairie 2013 Fees DESCRIPTION COMMUNITY CENTER EQUIPMENT RENTAL _ Ice Skate Rental Skates free to Eden Prairie non-profit service organization groups Ice Skates Per pair $ 2.50 Dry Floor Gym rental includes:10 tables,40 chairs,4 stanchions,and two white boards Additional Chairs $ 2.00 Additional Stanchion $ 5.00 Additional Table $ 5.00 COMMUNITY CENTER-GROUP RENTALS,RATES,&POLICIES Lock-In-11 p.m.to 5:30 a.m. Lock-in groups will be charged an additional$1 per person for groups greater than 150. Personal costs above stated rates include one building supervisor Supervision will be at the discretion of the Community Center management. This will be based on the number of people to be using the center,as well as the age and type of group. Skate Rental Skate Rental groups smaller than 20 people $ 2.50 Skate Rental groups of 20 or larger with purcahse of icer,room,or birthday package free Lifeguards Fee is per hour 1 to 50 participants-2 lifeguards required $ 16.00 51 to 100 participants-3 lifeguards required 100 plus participants-4 lifeguards required. Additional lifeguards determined by management depending on group size and ages. Pool rental Fee is per hour.Two hour minimum plus$16.00/hr per lifeguard Pool Rental $ 54.50 COMMUNITY CENTER MITI Advertising Once group has paid initial multi-year agreement,it may renew the contract each year for 1 year at the pro-rated fee. Ice resurfacer Per side per year/5 year term($2,500 for both sides) $ 1,500.00 Score board Per side per year/5 year term $ 1,500.00 On-Ice logo Per two 4'x4'logos per year/3 year term $ 1,500.00 Dasher board Annually/3 year term $ 950.00 5 Community Center Rental Fees & Charges City of Eden Prairie 2013 Fees ITEM-ACTIVITY DESCRIPTION Fee 2013 Type Group 1 Group 2 G Ice Arena Rental-Rinks 1,2,&3 Request must be submitted to the Department Coordinator or Customer Service Representative a minimum of two weeks prior to requested date.Times and dates must not conflict with an existing program or activity. City programs have priority. Spring prime time-March 1 thru June 13-3 p.m.to 11 p.m. hourly+tax $ 190.00 $ 190.00 $ 190.00 Monday-Friday,weekends,holiday,&non-school days Spring non-prime time-March 1 thru June 13-before 3 p.m.and after 11 p.m. hourly+tax $ 160.00 $ 160.00 $ 160.00 Monday-Friday Summer time-June 14 thru Aug 31-6 a.m.to 11 p.m. hourly+tax $ 185.00 $ 185.00 $ 185.00 Fall prime time-September 1 thru September 30 -3 p.m.to 11 p.m. hourly+tax $ 190.00 $ 190.00 $ 190.00 Monday-Friday,weekends,holiday,&non-school days Fall non-prime time-September 1 thru September 30-before 3 p.m.and after 11 p.m. hourly+tax $ 160.00 $ 160.00 $ 160.00 Monday-Friday Winter prime time-October 1 thru February 29-3 p.m.to 11 p.m. hourly+tax $ 200.00 $ 200.00 $ 200.00 Monday-Friday,weekends,holiday,&non-school days Winter non-prime time-October 1 thru February 29-before 3 p.m.and after 11 p.m. hourly+tax $ 160.00 $ 160.00 $ 160.00 Swimming Pool Rental(capacity 268) Prime time-6 a.m.to 5 p.m.Mon-Sat/noon to 5 p.m.Sunday hourly+tax $ 65.00 $ 65.00 $ 65.00 Non-prime time-5 p.m.to 9 p.m.Monday thru Sunday hourly+tax $ 54.50 $ 54.50 $ 54.50 Discounted rate-9 p.m.to 11 p.m.Mon-Sat+lifeguards at$16/hour hourly+tax $ 49.50 $ 49.50 $ 49.50 Special Ice Rates-School District 272 Physical Education classes Per hour-50%of non-prime time rate hourly+tax $ 80.00 same for all Hockey Games Prime time rate-personnel required to run games supplied by others. Special Pool Rates-School District 272 Physical Education classes Based on prime time rate for 5,490 total square feet $ - same for all Meeting Room Rentals Two hour minimum. All meeting rooms include AV and white boards,wi fi and customized room set up included. Request must be submitted to the Department Coordinator or Customer Service Representative a minimum of two weeks prior to requested date.Times and dates must not conflict with an existing program or activity. City programs have priority. Eden Prairie Athletic Associations receive one free meeting room use per month. Cambria Room hourly+tax $ 50.00 $ 55.00 $ 65.00 Lounge EP Athletic Associations receive one free meeting room use per month hourly+tax $ 30.00 $ 40.00 $ 55.00 Meeting Room 101 EP Athletic Associations receive one free meeting room use per month hourly+tax $ 20.00 $ 25.00 $ 40.00 Meeting Room 201 EP Athletic Associations receive one free meeting room use per month hourly+tax $ 30.00 $ 40.00 $ 55.00 Meeting Room 103 and 203 EP Athletic Associations receive one free meeting room use per month hourly+tax $ 10.00 $ 15.00 $ 30.00 6 Community Center Rental Fees & Charges City of Eden Prairie 2013 Fees ITEM-ACTIVITY DESCRIPTION Fee 2013 Type Group 1 Group 2 G Meeting Rooms 202 and combined 203 and 204 EP Athletic Associations receive one free meeting room use per month hourly+tax $ 25.00 $ 30.00 $ 45.00 Meeting Room 204 EP Athletic Associations receive one free meeting room use per month hourly+tax $ 20.00 $ 25.00 $ 40.00 Other Room Rentals Dry floor-3rd rink cement floor hourly+tax $ 50.00 $ 60.00 $ 75.00 Gymnasium(1 court) hourly+tax $ 30.00 $ 40.00 $ 55.00 Gymnasium(Full gym) hourly+tax $ 50.00 $ 60.00 $ 75.00 Studio A Available for rental with the use of EP fitness staff only hourly+tax $ 41.50 $ 41.50 $ 41.50 Studio B Available for rental with the use of EP fitness staff only hourly+tax $ 31.50 $ 31.50 $ 31.50 Wallyball Per court for 90 minutes of play. EPCC does set up and tear down. plus tax $ 28.00 $ 28.00 $ 28.00 No hourly use. Other Rentals Fitness Instructors hourly+tax $ 33.00 $ 33.00 $ 33.00 Group rental clean up fee(for groups with food) Rooms 101 and 203 and viewing areas per rental $ 10.00 $ 10.00 $ 10.00 Group rental clean up fee(for groups with food) Rooms 202 and 204 per rental $ 15.00 $ 15.00 $ 15.00 Group rental clean up fee(for groups with food) Rooms 201,Small group Cambria and Lounge per rental $ 25.00 $ 25.00 $ 25.00 Group rental clean up fee(for groups with food) Large Group Cambria,Gymnasium and Rink 3 per rental $ 50.00 $ 50.00 $ 50.00 Preferred catering vendor fees Resident annual $ 50.00 $ 50.00 $ 50.00 Preferred catering vendor fees Non-Resident annual $ 100.00 $ 100.00 $ 100.00 Parking Permits Community Center 2010/2011-2011/2012 full year rate-Community Center annual $ 350.00 $ 350.00 $ 350.00 Community Center Pro Rate beginning December 1-Community Center annual $ 175.00 $ 175.00 $ 175.00 Community Center Pro Rate beginning March 1-Community Center annual $ 87.50 $ 87.50 $ 87.50 Round Lake 2010/2011-2011/2012 full year rate-Round Lake annual $ 200.00 $ 200.00 $ 200.00 Round Lake Pro Rate beginning December 1-Round Lake annual $ 100.00 $ 100.00 $ 100.00 Round Lake Pro Rate beginning March 1-Round Lake annual $ 50.00 $ 50.00 $ 50.00 7 Parks & Recreation Rental Fees & Charges City of Eden Prairie 2013 Fees ITEM-ACTIVITY DESCRIPTION Fee 2013 Type Group 1 Group 2 Group 3 OAK POINT POOL Oak Point Pool Rental Lifeguards must be added as follows at the rate of$16.00 an hour: small slide pool rental only-min.3 lifeguards,large pool rental only- min.of 2 lifeguards,rental of entire pool facility-min.of 5 lifeguards. Additional lifeguards will be determined by management depending on group size and age. Sunday rentals require an additional$31.50 an hour maintenance fee for the rental of 6 lanes of the pool. For Sunday rental of the entire pool, an additional$55.00 an hour is required. Prime time:6 a.m.-5 p.m.,Monday-Saturday;and noon-5 p.m.Sunday hourly+tax $ 73.00 $ 73.00 $ 73.00 Non-prime time:5 p.m.-9 p.m.,Monday-Sunday hourly+tax $ 60.50 $ 60.50 $ 60.50 Discount rate:9 p.m.-11 p.m.,Monday-Sunday hourly+tax $ 54.50 $ 54.50 $ 54.50 AACILI Park Facilities Rental Rates include one building supervisor No private group of over 300 will be allowed to reserve facilities at any park(max.at Staring Park is 150) Eden Prairie School District Programs charged only direct cost for all parks during the school day. Crestwood Park Building Full Day-Maximum capacity varies plus tax $ 90.00 $ 90.00 $ 90.00 Homeward Hills Barn 1/2 Day-Maximum capacity varies plus tax $ 140.00 $ 140.00 $ 140.00 Homeward Hills Barn Full Day-Maximum capacity varies plus tax $ 200.00 $ 200.00 $ 200.00 Miller Park Building Full Day-Maximum capacity varies plus tax $ 90.00 $ 90.00 $ 90.00 Edenvale Park Building Full Day-Maximum capacity varies plus tax $ 90.00 $ 90.00 $ 90.00 Forest Hills Park Building Full Day-Maximum capacity varies plus tax $ 90.00 $ 90.00 $ 90.00 Nesbitt Preserve Park Building Full Day-Maximum capacity varies plus tax $ 90.00 $ 90.00 $ 90.00 Prairie View Park Building Full Day-Maximum capacity varies plus tax $ 90.00 $ 90.00 $ 90.00 Purgatory Creek Park Lambert Pavilion 1/2 Day-Maximum capacity varies plus tax $ 140.00 $ 140.00 $ 140.00 Purgatory Creek Park Lambert Pavilion Full Day-Maximum capacity varies plus tax $ 200.00 $ 200.00 $ 200.00 Riley Lake Park Pavilion 1/2 Day-Maximum capacity varies plus tax $ 140.00 $ 140.00 $ 140.00 Riley Lake Park Pavilion Full Day-Maximum capacity varies plus tax $ 200.00 $ 200.00 $ 200.00 Riley-Jacques Barn Per hour-2 hour minimum hourly+tax $ 45.00 $ 45.00 $ 45.00 Round Lake Park Building 1/2 Day-Maximum capacity varies plus tax $ 115.00 $ 115.00 $ 115.00 Round Lake Park Building Full Day-Maximum capacity varies plus tax $ 155.00 $ 155.00 $ 155.00 Round Lake Pavilion 1/2 Day-Maximum capacity varies plus tax $ 115.00 $ 115.00 $ 115.00 Round Lake Pavilion Full Day-Maximum capacity varies plus tax $ 155.00 $ 155.00 $ 155.00 Staring Lake Park Amphitheatre Per hour-2 hour minimum hourly+tax $ 55.00 $ 55.00 $ 55.00 Audio Technician Sound Tech&Sound Equipment-2 hour minimum hourly+tax $ 35.00 $ 35.00 $ 35.00 Staring Lake Park Building 1/2 Day-Maximum capacity varies plus tax $ 115.00 $ 115.00 $ 115.00 Staring Lake Park Building Full Day-Maximum capacity varies plus tax $ 155.00 $ 155.00 $ 155.00 Warming Houses-2 hour minimum Supervision required-2 hour minimum-Dec 15 to Mar 1 hourly+tax $ 10.00 $ 20.00 $ 30.00 8 Parks & Recreation Rental Fees & Charges City of Eden Prairie 2013 Fees ITEM-ACTIVITY DESCRIPTION Fee 2013 Type .up 2 Grou. SENIOR CENTER Senior Center Rental Community Room/Kitchen Including kitchen-NO LOUNGE hourly+tax $ 40.00 $ 45.00 $ 50.00 Kitchen Approx.15 people with use of appliances hourly+tax $ 15.00 $ 20.00 $ 25.00 Community Room/Kitchen/Lounge All three rooms hourly+tax $ 60.00 $ 65.00 $ 70.00 Lounge Lounge only hourly+tax $ 15.00 $ 20.00 $ 25.00 Room 200 Approx.10-15 people hourly+tax $ 15.00 $ 20.00 $ 25.00 Room 201 Approx.40 people theater style,25 to 30 table seating hourly+tax $ 30.00 $ 35.00 $ 40.00 Room 203 Approx.25 people theater style,15 to 20 table seating hourly+tax $ 20.00 $ 25.00 $ 30.00 Room 209 Approx.10 to 15 hourly+tax $ 15.00 $ 20.00 $ 25.00 Equipment Rental Portable TV/DVD player,Karaoke Machine/Cd's/Bingo Equipment per item delete delete delete Woodshop Approx.8-10 people-2 hour minimum $ 25.00 $ 30.00 $ 35.00 9 Parks and Recreation Fees & Charges City of Eden Prairie 2013 Fees ITEM-ACTIVITY DESCRIPTION OAK POINT POOL Pool Rental-Lifeguards Pool rental in addition to these fees Small slide pool rental only Per hour for three lifeguards $ 48.00 Requires a minimum of three lifeguards Add'I lifeguards will be determined by mgmt depending on group size and age Large pool rental only Per hour for two lifeguards $ 32.00 Requires a minimum of 2 lifeguards Based on non-holiday hours Rental of entire pool facility Per hour for five lifeguards $ 80.00 Requires a minimum of 5 lifeguards OUTDOOR CENTER Rental Canoe rack spot storage Per rack spot,per season $ 45.00 ORGANIZED ATHLETICS Adult League Play Non youth sport teams Per game $ 40.00 Ball Field Tournaments State,reg.,and nat'll tournaments Per day,per field $ 100.00 Other youth and adult tournaments Per day,per field $ 100.00 Ballfield Light fee Per hour $ 15.00 Addt'l charge for Unscheduled Lights Service Charge $ 30.00 Field Maintenance Workers(2) Per hour $ 50.00 For new soccer field for tournament Per field set-up $ 170.00 Clinics and Camps Clinics and Camps Per day,per field $ 50.00 Outdoor Athletic Courts , Basketball,Tennis,&Sand Volleyball Per hour,per court $ 10.00 M6TE _ Art Center Membership Benefits 1.10%off classes 2.Invitation to special events 3.10%off birthday parties(Art Center birthday parties only) 4.Special studio access outside of class times 5.Subscription to City News email newsletter 6.$5 off Walker Art Center membership 7.$5 off the one-time administrative fee at the Eden Prairie Community Center for new members Membership Rates A household includes two adults and up to 4 children. Additional family members can be added to the household membership for$5.00 a person Individual Annual rate plus applicable taxes $ 30.00 Household Annual rate plus applicable taxes $ 45.00 COMMUNITY GARDEN PLOTS 20 foot by 30 foot plot Live/Work in Eden Prairie Senior Citizen discount$12.00 $ 54.00 20 foot by 40 foot plot Live/Work in Eden Prairie Senior Citizen discount$16.00 $ 72.00 20 foot by 60 foot plot Live/Work in Eden Prairie Senior Citizen discount$24.00 $ 108.00 Administrative fee-tree/weed ordinance violations Flat charge is added to the current balance due to obtain the certified amount $ 75.00 10 Cemetery Fees & Charges City of Eden Prairie 2013 Fees ITEM-ACTIVITY DESCRIPTION PLEASANT HILLS CEMETERY Ground Thawing: November 1-April 1 Casket burial $ 75.00 Cremation burial $ 50.00 Internment Burial fees are direct cost from contractor. These could adjust mid-year due to contractor price increase. Casket burial $ 550.00 Cremation burial $ 350.00 Lot 20%perpetual care,80%maintenance Resident $ 400.00 Non-Resident $ 600.00 Set Grave Markers Single $ 250.00 Double $ 300.00 11 Community Development 2013 Fees 12 Assessing Fees & Charges City of Eden Prairie 2013 Fees ITEM-ACTIVITY DESCRIPTION ASSESSING Value Abatement Per parcel Per year $ 25.00 Copy of Appraisal/Field Card Copy of Appraisal/Field Card $ 2.00 Electronic Copies of Data Bases Basic set-up charge Prepayment required for all set-up charges(includes$100.00 for LOGIS) $ 300.00 Plus media charge At actual cost Printed Copies of Reports or Databases Basic set-up charge Prepayment required for all set-up charges $ 200.00 Plus Per page $ 0.25 Electronic Copies of Reports Basic set-up charge Prepayment required for all set-up charges $ 300.00 Plus Per record $ 0.05 Special Assessment Searches Resident No charge for residents on searches of their homesteaded property free Non-resident Per parcel $ 20.00 13 Public Works 2013 Fees 14 Engineering Fees & Charges City of Eden Prairie 2013 Fees ITEM-ACTIVITY DESCRIPTION 2013 ENGINEERING Street Lighting Fee For new subdivisions Charged at prevailing NSP rates and collected for 36 months at time of final plat. Maps and Printing 1st map per resident-Citywide fold up r No fee-distributed at customer service desk $ - Additional maps-Citywide fold up Map Each additional map-Distributed at customer service desk $ 0.50 Large map printing per square foot-blac Miscellaneous printing $ 1.00 Large map printing per square foot-color $ 2.00 City maps/plat/half section,black and white-8 1/2 x 11 $ 1.00 City maps/plat/half section,color-8 1/2 x 11 $ 2.00 City maps/plat/half section,black and white-11x17 $ 2.50 City maps/plat/half section,color-11x17 $ 5.00 City maps/plat/half section,black and white-24 x 36 $ 6.00 City maps/plat/half section,color-24 x 36 $ 12.00 City maps/plat/half section,black and white-36 x 48 $ 12.00 City maps/plat/half section,color-36 x 48 $ 24.00 Aerial photo added to any map is an additional: $ 10.00 CD ROM specifications $ 20.00 GIS Services Custom mapping fee-per hour minimum $ 25 Custom GIS analysis fee-per hour minimum $ 50 Digital GIS Data Requests 2ft contours-per sq mile $ 100 Spot elevation point data-per sq mile $ 100 Base map data-citywide data $ 120 Permit for Right-of-Way Excavations Mainline utility and telecommunication Per/100 L.F $ 30 Repair or service excavation Turf area $ 40 Repair or service excavation Pavement area $ 80 Residential driveway $ 40 Commercial driveway $ 80 All other excavations Turf area $ 40 All other excavations Pavement area $ 80 Street Signs 9 button delineator-red Includes post&install $ 131 9 button delineator-red Includes breakaway post&install $ 154 Future road extension advisory Includes 2 posts&install-36"x 30" $ 296 Keep right symbol Includes 9 button delin-yellow,no post $ 158 Keep right symbol Includes 9 button delin-yellow,install,post $ 187 Keep right symbol Includes 9 button delin-yellow,install&breakaway post $ 218 No outlet Includes post&install-24"x 24" $ 144 No parking Includes post&install-Used for Turn-Around $ 164 Stop sign Includes brackets,install,no post-30"x 30" $ 158 Stop sign Includes brackets,install,with post-30"x 30" $ 187 Street name sign Includes install with 12'post-6"x 6" $ 261 Street name sign Includes install with 12'post-6"x 9" $ 291 Street name sign Includes install with 12'post-9"x 9" $ 314 Temporary street name sign Plus 15%surcharge for maintenance until permanent signs in place $ 183 Weight Restrictions Truck overweight permit fee Per trip $ 55 Other Licenses Refuse&garbage collectors Annual-1st Vehicle $ 130 Refuse&garbage collectors Annual-Each additional vehicle $ 25 15 Utilities Fees & Charges City of Eden Prairie 2013 Fees ITEM-ACTIVITY DESCRIPTION ■ UTILITIES-USER CHARGES Penalty for billed charges:1%per month on account not paid within 30 days of billing. A residential equivalent connection(R.E.C.)is one dwelling unit. The minimum monthly use charge for uses other than residential shall be the same as 1 R.E.0 Sanitary sewer Sanitary sewer Per 1,000 gallons-Subject to minimum of 4,000 gallons per quarter per R.E.C. $ 2.60 Water(Residential) Per 1,000 gallons Flow Charge 0 to 36,000 gallons $ 1.90 Flow Charge 36,001 to 48,000 gallons $ 2.90 Flow Charge 48,001 to 60,000 gallons $ 3.40 Flow Charge 60,001 to 78,000 gallons $ 3.90 Flow Charge 78,001 and above $ 4.40 Water All Other Classes(includes commercial,apartments,institutions,etc) $ 1.90 Irrigation Irrigation only Meters Residential and Other Classes Flow Charge 0 to 48,000 gallons-divide each by 3 for monthly rates $ 2.90 Flow Charge 48,001 to 60,000 gallons-divide each by 3 for monthly rates $ 3.40 Flow Charge 60,001 to 78,000 gallons-divide each by 3 for monthly rates $ 3.90 Flow Charge 78,001 and above-divide each by 3 for monthly rates $ 4.40 Fixed charges-Per Quarter Each R.E.C.will be billed:$12.30 fixed charge for water and$12.30 fixed charge for sewer $ 24.60 Fixed charges are billed on the greater of the number of R.E.C.'s on connections Fixed charges-Per Month Each R.E.C.will be billed:$4.90 fixed charge for water and$4.90 fixed charge for sewer $ 9.80 Fixed charges are billed on the greater of the number of R.E.C.'s on connections Other Charges Unmetered residential sewer only use charges$38 per quarter per R.E.C.plus a$9.80 fixed charge $ 38.00 Administrative fee Flat charge is added to the current balance due to obtain the total certified amount $ 45.00 Estimate read fee After 3 consecutive estimate reads,and customer has not scheduled an appt.with the $ 50.00 water plant a nonrefundable monthly fee will be added Water flow test for 5/8"meters When consumption is challenged by a customer&the meter is accurate $ 40.00 Water service turn on/off After initial turn on,any non-emergency on/off request by a commercial lending institution, $ 40.00 government agency(HUD),or private property management service Water softening&filtering No fee-State license required no fee Water/Fill Station Per 1,000 gallons purchased at tanker fill station at 14100 Technology Drive $ 2.90 UTILITIES-OTHER FEES Fire Hydrant Use/Meter for Construction and Irrigation Permit $ 45.00 Fire hydrant damage deposit Applied to the final bill $ 250.00 3"meter deposit Refundable $ 600.00 All other meter deposits Refundable $ 200.00 Lawn Irrigation Restrictions Surcharges for non-compliance with lawn irrigation restrictions and prohibitions First occurrence $ 25.00 Second occurrence $ 50.00 Third occurrence $ 100.00 Fourth occurrence $ 200.00 Fifth&subsequent occurrences within a three year period $ 300.00 New Construction Coli Form Bacteria Resampling T&M-Based on actual laboratory costs,employee time and utility truck rental rates. These costs are above and beyond the initial sampling costs and are directed at projects that has multiple failures. New Construction Mechanical Reinspections T&M-Directed at projects that require multiple visits to complete initial inspection.Same criteria as coli form resampling Storm Drainage Land Use Quarterly Fee Single-family homes/Multi-family homes Each $ 7.00 Apartments per acre rates.Divide each by 3 for monthly rates. $ 69.55 16 Utilities Fees & Charges City of Eden Prairie 2013 Fees ITEM-ACTIVITY DESCRIPTION 2013 Industrial per acre rates.Divide each by 3 for monthly rates. $ 69.55 Commercial/office per acre rates.Divide each by 3 for monthly rates. $ 88.85 Institutions per acre rates.Divide each by 3 for monthly rates. $ 78.80 Airport/landfill per acre rates.Divide each by 3 for monthly rates. $ 17.30 Parks/open space/golf course/rail road per acre rates.Divide each by 3 for monthly rates. $ 9.70 Undeveloped land Each $ 23.20 System Access Charges-Utility Charges For Metro sanitary sewer as established by the Metropolitan Waste Commission System Access Charges-Utility Charges Sanitary Sewer Residential Per R.E.C. $ 590.00 Industrial, commercial,public, office Per Metro SAC $ 1,070.00 System Access Charges-Utility Charges Water Residential Per R.E.C. $ 2,590.00 Industrial,commercial,public,office Per Metro SAC $ 3,380.00 Water/Sewer Connection A connection fee of$18,510 per single unit is applicable if the property has not participated $ 18,510.00 in the cost of the utilities by other methods. 17 Police 2013 Fees 18 Police Fees & Charges City of Eden Prairie 2013 Fees ITEM-ACTIVITY DESCRIPTION 2013 POLICE FEES&CHARGE Data Processing Duplicating,audio recording $ 10.00 Duplicating,documentation Per standard page $ 0.25 Standard reports Per hour $ 20.00 Non-standard report Per hour-Minimum charge is one hour $ 50.00 Dog Impounding 1st offense of the year $ 30.00 Impounding 2nd offense of the year $ 50.00 Impounding 3rd offense of the year $ 100.00 Boarding Daily $ 11.00 Euthenasia $ 30.00 False Alarm Fee Non-Required Systems Registration Fee free First 3 false alarms free 4th false alarm $ 100.00 5th false alarm $ 200.00 6th&up false alarm $ 300.00 Required Systems First false alarm free 2nd false alarm $ 100.00 3rd false alarm $ 200.00 4th false alarm $ 300.00 5th&up false alarm $ 400.00 Late Fees Late fees for unpaid bills $ 25.00 Fire Alarm Systems and Fire Protection Contractor Registration Registration free Reinstatement $ 200.00 Hunting&Trapping Landowner free Resident $ 5.00 Non-resident $ 10.00 Other Photograph,other Plus actual cost $ 10.00 Postage Actual cost $ - Pawn Shops Annual fee $ 10,000.00 Investigation fee An investigation fee not to exceed$1,500 shall be charged by the City if the investigation is $ 1,500.00 conducted in the State,or the actual cost not to exceed$10,000 without prior written approval if the investigation is required outside the State. Photograph,Booking Standard $ 20.00 Digital image $ 10.00 Police Officer Supplemental Employment Police Officer Supplemental Employmen Per hour-Minimum charge is three hours $ 75.00 Radio Service Reprogram and tune radios once a year per radio $ 25.00 Labor rate an hour,billable on every half hour if additional help is needed $ 50.00 Reports Resident Free to residents free Non-resident Per page $ 0.25 Special Reports Actual cost actual Transcribe,Audio Tape Transcribe,Audio Tape Per hour-Minimum charge is one hour $ 25.00 19 Business Licenses and Fees City of Eden Prairie 2013 Fees ITEM-ACTIVITY DESCRIPTION BUSINESS LICENSES Liquor- Non-Intoxicating Malt Liquors On-sale Annual-If less than one year,amount will be prorated over remaining months. $ 800.00 Off-sale Annual-If less than one year,amount will be prorated over remaining months. $ 175.00 Investigation fee Initial application $ 500.00 Liquor-Intoxicating Malt Liquors Growlers(off-sale) Annual $ 250.00 Liquor On-Sale On-sale Annual-If less than one year,amount will be prorated over remaining months. $ 8,750.00 Investigation fee Initial application $ 500.00 License Charge-new manager License change-new manager $ 50.00 License change-other License change-other than management change $ 150.00 Liquor On-Sale Fraternal Clubs Liquor on-sale Annual-If less than one year,amount will be prorated over remaining months. $ 100.00 Investigation fee Initial application $ 500.00 License Charge-new manager License change-new manager $ 50.00 License Charge-other License change-other than management change $ 150.00 Liquor On-Sale Non-Fraternal Clubs Liquor on-sale Annual $ 4,250.00 Investigation fee Initial application $ 500.00 License Charge-new manager License change-new manager $ 50.00 License Charge-other License change-other than management change $ 150.00 Liquor On-Sale Wine On-sale Annual-If less than one year,amount will be prorated over remaining months. $ 2,000.00 Investigation fee Initial application $ 500.00 License Charge-new manager License change-new manager $ 50.00 License Charge-other License change-other than management change $ 150.00 Liquor Other Temporary beer Requires application $ - Temporary wine Requires application $ - Sunday liquor Annual-If less than one year,amount will be prorated over remaining months. $ 200.00 Special events Per event $ 200.00 Liquor Investigation Fee An investigation fee not to exceed$500 shall be charged to an applicant by the City if investigation is conducted within the State, or the actual cost not to exceed$10,000 without prior approval,if the investigation is required outside the State. Other Bingo(Gambling) Requires application $ - Cigarettes Annual-If less than one year,amount will be prorated over remaining months. $ 300.00 Dog kennels(Commercial) Annual-If less than one year,amount will be prorated over remaining months. $ 85.00 Dog kennels(Private) Annual-If less than one year,amount will be prorated over remaining months. $ 35.00 Required for 3-5 animals.Must also purchase individual dog licenses. Dog license Biannual $ 20.00 Dangerous dog license Annual $ 200.00 Dangerous dog sign&collar tag Annual $ 25.00 Non-profit solicitor Requires application $ - Peddlers Annual-Government issued identification required $ 40.00 Raffle(Gambling) Requires application $ - Scavengers Annual $ 10.00 20 Fire 2013 Fees 21 Fire Department Fees & Charges City of Eden Prairie 2013 Fees ITEM-ACTIVITY DESCRIPTION 2013 Fire Department Fees&Charges Fees will be imposed on any response in which the victim is not an Eden Prairie taxpayer Engine company Per hour $ 250.00 Ladder company Per hour $ 300.00 Rescue,grass rig, or rescue boat Per hour $ 150.00 Specialized Personnel Chief Officer, Investigator Per hour $ 75.00 Tools/supplies used At cost at cost Firefighter supplemental employment Per 3 hour block-Minimum $ 37.50 charge of three hours 22 Building Inspections Fees & Charges City of Eden Prairie 2013 Fees ITEM-ACTIVITY DESCRIPTION 2013 BUILDING INSPECTIONS Fire Alarm&Non-Water Suppression $1 to$2,000 $ 90.00 $2,001 to$25,000 1st$2,000 plus$18.65 each add'I$1,000 or fraction thereof,to&including$25,000 $ 90.00 $25,001 to$50,000 1st$25,000 plus$13.70 each add'I$1,000 or fraction thereof,to&including$50,000 $ 518.95 $50,001 to$100,000 1st$50,000 plus$9.50 each add'I$1,000 or fraction thereof,to&including$100,000 $ 861.45 $100,001 to$500,000 1st$100,000 plus$7.65 each add'I$1,000 or fraction thereof,to&including$500,000 $ 1,336.45 $500,001 to$1,000,000 1st$500,000 plus$6.30 each add'I$1,000 or fraction thereof,to&including$1,000,000 $ 4,396.45 $1,000,001&up 1st$1,000,000 plus$5.10 each add'I$1,000 or fraction thereof $ 7,546.45 Plan checking 65%of the building permit fee if valuation is greater than$2,000 65% Investigation fee(all work started w/o a permit) --fee is equal to amount of permit fee permit fee Fire Prevention Miscellaneous fees Per Minnesota State Fire Code(See Attachment A for listing of fees) $ 105.00 Re-inspection fee $ 50.00 Fire Prevention Permits Burning permits Per site. Limit 2 days per week $ 100.00 Fireworks-display Plus standby firefighters at present hourly rate. $ 30.00 Fireworks-sales Maximum rate set by the State-$100 non-exclusive,$350 exclusive $ - Flammable&combustible liquid tank removal--Less than 1,000 gallons(fee is per tank) $ 100.00 Flammable&combustible liquid tank removal--Greater than 1,000 gallons(fee is per tank) $ 225.00 Grease vapor removal system cleaning(fee is per cleaning) $ 120.00 LP gas,flammable&combustible liquid tank install(fee is per tank) $ 255.00 LP gas tank(temporary heat)>100 gallons (fee is per tank) $ 85.00 Special hazard permit-MUFC Article 4 Maximum of 3 per site $ 195.00 Tents/canopy(Residential) Per tent $ 45.00 Tents/canopy(Commercial) Per tent $ 90.00 Investigation fee(all work started w/o a permit) --fee is equal to amount of permit fee permit fee Fire Sprinkler Systems $1 to$2,000 $ 90.00 $2,001 to$25,000 1st$2,000 plus$18.65 each add'I$1,000 or fraction thereof,to&including$25,000 $ 90.00 $25,001 to$50,000 1st$25,000 plus$13.70 each add'I$1,000 or fraction thereof,to&including$50,000 $ 518.95 $50,001 to$100,000 1st$50,000 plus$9.50 each add'I$1,000 or fraction thereof,to&including$100,000 $ 861.45 $100,001 to$500,000 1st$100,000 plus$7.65 each add'I$1,000 or fraction thereof,to&including$500,000 $ 1,336.45 $500,001 to$1,000,000 1st$500,000 plus$6.30 each add'I$1,000 or fraction thereof,to&including$1,000,000 $ 4,396.45 $1,000,001&up 1st$1,000,000 plus$5.10 each add'I$1,000 or fraction thereof $ 7,546.45 Plan Check Fee 65%of the fire-alarm/suppression permit fee if the job value is greater than$2,000 $ 0.65 Investigation Fee-all work started w/o a i Equal to amount of permit fee $ - Heating&Ventilating-Job Valuation 0 to$1,000 $ 35.00 $1,001 to$10,000 1st$1,000 plus$2.00 for each add'I$100 or fraction thereof,to and including$10,000 $ 35.00 $10,001 to$50,000 1st$10,000 plus$16.75 for each add'I$1,000 or fraction thereof,to and incl.$50,000 $ 235.00 $50,001 and up 1st$50,000 plus$13.50 for each additional$1,000 or fraction thereof $ 905.00 Heating&Ventilating-Other Gas piping Each opening $ 20.00 Reinspection $ 20.00 Investigation fee Equal to the amount of permit fee(charges for work started w/o a permit) permit fee Moving a Building Moving a building $1,000 deposit each from the owners of the building and building mover $ 250.00 Moving a garage only $1,000 deposit each from the owners of the building and building mover $ 50.00 Plumbing-Job Valuation $0-$1,000 Minimum $ 35.00 $1,001-$10,000 1st$1,000 plus 2.5%for amount over$1,000 to&including$10,000 $ 35.00 $10,001&up 1st$10,000 plus 2%for amount over$10,000 $ 260.00 For each openings on gas $ 20.00 Inside change over-sewer,water or both $ 35.00 Meter inspection $ 35.00 Municipal sewer per 100 feet $ 25.00 23 Building Inspections Fees & Charges City of Eden Prairie 2013 Fees ITEM-ACTIVITY DESCRIPTION 2013 BUILDING INSPECTIONS Municipal water per 100 feet $ 25.00 Storm sewer&sub soil drains per 100 feet $ 25.00 Sewage disposal(ISTS) $ 175.00 ISTS abandonment $ 50.00 Plumbing-Other Inspections&Fees Reinspection fee Each $ 50.00 Investigation fee(all work started w/o a permit) --fee is equal to amount of permit fee permit fee Inspections(Plumbing) No fee-State bond/insurance required n/a Rental Licenses Fees One to Four Plax--fee is for 1st unit of 1 to 4 plex-additional units under same roof are$9.50 for each additional unit $ 55.00 Apartment Complex-$55.00 for the 1st unit in a complex+$9.50 for each additional rental unit $ 55.00 Septic System Pumping Septic System Pumping $ 25.00 24 Office of the City Manager 2013 Fees 25 Administrative Fees & Charges City of Eden Prairie 2013 Fees ITEM-ACTIVITY DESCRIPTION CUSTOMER SERVICE Copies City code-bound copy Original $ 100.00 Copies-1-100 pages per page-single-sided,black and white,letter or legal size documents $ 0.25 Copies-101 or more pages actual cost-single-sided,black and white,letter or legal size documents $ - City Council agendas Annual.Pro-rated. $ 24.00 City Council minutes Annual.Pro-rated. $ 75.00 Planning Commission agendas Annual.Pro-rated. $ 24.00 Planning Commission minutes Annual.Pro-rated. $ 50.00 DVDs of Council&Commission meetings DVD,plus postage,if applicable $ 5.00 26 Finance Fees & Charges City of Eden Prairie 2013 Fees ITEM-ACTIVITY DESCRIPTION FINANC• Tax Exempt Financing Charge Application fee Per transaction $ 2,000.00 Annual Fee 1/8 of 1%on the unpaid principal balance at the end of each 12-month period. 1/8 of 1% This resolution has no effect on projects currently responsible for a fee pursuant to Resolution No.85-135 and its subsequent reauthorization. This charge is effective for all new projects receiving council authorization on or after March 1,1991 for the issuance of revenue authorization and for all existing projects which require council authorization on or after March 1,1991. 27 Facilities Equipment and Room Rental Fees & Charges City of Eden Prairie 2013 Fees ITEM-ACTIVITY DESCRIPTION Frequency FACILITIES EQUIPMENT RENTAL AND STAFF TIME Audio-Visual Equipment Dry erase board(3'x5')with markers $ 7.50 Easel $ 5.00 Extra pad of paper each $ 12.00 Flipchart/dry erase(24"x30")with paper $ 10.00 LCD Projector daily rental each $ 50.00 Microphone/stand&speakers $ 15.00 Microphone,wireless hand-held or clip-on and speakers $ 20.00 Overhead projector(for transparencies) $ 15.00 Podium,floor model $ 7.50 Podium,table top model $ 5.00 Slide projector with carousel $ 15.00 Screen,projection(tripod stand)6'x6' $ 10.00 TV/VCR on cart $ 15.00 Building Supervisor Monday-Thurs,5:00 p.m.-10:00 p.m. hourly $ 25.00 Weekends hourly $ 40.00 Custodial Time and a half will be charged on weekends hourly $ 37.50 CITY CENTER&COMMUNITY MEETING ROOM RENTALS 2013 ** All rooms must be vacated by 10:00 p.m. The heritage room is an official emergency shelter for the City Center. Group 1 Group 2 Group 3 Reservations may be rescheduled or canceled in case of emergency. Reservation fees will be returned accordingly. ** Standard room set up is included in the fee. Additional set up charges will be incurred for round tables and special room arrangements at a rate of $25/hr. Atrium I Conference Room (2 hr.minimum rental) Standard conference=seats 10; 4:30-10 pm;Mon-Fri;(Fri.closing is 5:00 pm) hourly $ 20.00 $ 25.00 $ 30.00 Limited availability;City priority Atrium II Conference Room (2 hr.minimum rental) Standard conference=seats 6;4:30-10 pm; Mon-Fri;(Fri.closing is 5:00 pm) hourly $ 20.00 $ 25.00 $ 30.00 Limited availability;City priority Atrium III Conference Room (2 hr.minimum rental) Standard conference=seats 10; 4:30-10 pm; Mon-Fri;(Fri.closing is 5:00 pm) hourly $ 20.00 $ 25.00 $ 30.00 Limited availability;City priority Council Chamber 28 Facilities Equipment and Room Rental Fees & Charges City of Eden Prairie 2013 Fees ITEM-ACTIVITY DESCRIPTION Frequency Restricted use;Standard set-up;No food/beverages; hourly $ 55.00 $ 65.00 $ 80.00 Facility and/or AV technician required w/extra charge($37.50/hr after hours);AV tech required for broadcast events only. Heritage Room(one quarter) (2 hr.minimum rental) Limited set-up;Maximum capacity=40 4:30-10 pm;Mon-Fri;(Fri.closing is 5:00 pm) hourly $ 25.00 $ 35.00 $ 45.00 Heritage Room(half) (2 hr.minimum rental) Maximum capacity=100 4:30-10 pm; Mon-Fri;(Fri.closing is 5:00 pm) hourly $ 35.00 $ 45.00 $ 55.00 Heritage Room(whole) (2 hr.minimum rental) Maximum capacity=200 4:30-10 pm; Mon-Fri;(Fri.closing is 5:00 pm) hourly $ 50.00 $ 60.00 $ 90.00 Lower Atrium (2 hr.minimum rental) Maximum capacity=100. Limited availability w/special arrangements; hourly $ 35.00 $ 45.00 $ 55.00 4:30-10 pm;Mon-Fri;(Fri.closing is 5:00 pm) Prairie Room (2 hr.minimum rental) Standard conference=seats 18; 4:30-10 pm; Mon-Fri;(Fri.closing is 5:00 pm) hourly $ 20.00 $ 25.00 $ 30.00 Limited availability;City priority GARDEN ROOM Garden Room Room Rental,first four hours,minimum charge $250.00 $350.00 $ 450.00 Room Rental,each additional hour,hour increments hourly $ 25.00 $ 50.00 $ 75.00 Security per hour if alcohol is served hourly $ 75.00 $ 75.00 $ 75.00 Garden Conference Room (2 hr.minimum rental) Maximum capacity=40. 4:30-10 pm; Mon-Fri;(Fri.closing is 5:00 pm) hourly $ 25.00 $ 35.00 $ 45.00 29 Attachment A Permits from the Minnesota State Fire Code (MSFC) covered under the"miscellaneous" fee category on the fee resolution. Operational Permits Aerosol products.An operational permit is required to manufacture,store or handle an aggregate quantity of Level 2 or Level 3 aerosol products in excess of 500 pounds (227 kg) net weight. Amusement buildings.An operational permit is required to operate a special amusement building. Aviation facilities.An operational permit is required to use a Group H or Group S occupancy for aircraft servicing or repair and aircraft fuel-servicing vehicles.Additional permits required by other sections of this code include,but are not limited to,hot work,hazardous materials and flammable or combustible finishes. Battery systems.A permit is required to install stationary lead-acid battery systems having a liquid capacity of more than 50 gallons(189 L). Carnivals and fairs.An operational permit is required to conduct a carnival or fair. Cellulose nitrate film.An operational permit is required to store,handle or use cellulose nitrate film in a Group A occupancy. Combustible dust-producing operations.An operational permit is required to operate a grain elevator, flour starch mill,feed mill,or a plant pulverizing aluminum,coal,cocoa,magnesium,spices or sugar,or other operations producing combustible dusts as defined in Chapter 2. Combustible fibers.An operational permit is required for the storage and handling of combustible fibers in quantities greater than 100 cubic feet(2.8 m3). Exception:A permit is not required for agricultural storage. Compressed gases.An operational permit is required for the storage,use or handling at normal temperature and pressure(NTP) of compressed gases in excess of the amounts listed in Table 105.6.9. Exception:Vehicles equipped for and using compressed gas as a fuel for propelling the vehicle. Covered mall buildings.An operational permit is required for: 1.The placement of retail fixtures and displays,concession equipment,displays of highly combustible goods and similar items in the mall. 2.The display of liquid-or gas-fired equipment in the mall. 3.The use of open-flame or flame-producing equipment in the mall. Cryogenic fluids.An operational permit is required to produce,store,transport on site,use,handle or dispense cryogenic fluids in excess of the amounts listed in Table 105.6.11. Exception:Permits are not required for vehicles equipped for and using cryogenic fluids as a fuel for propelling the vehicle or for refrigerating the lading. Dry cleaning plants.An operational permit is required to engage in the business of dry cleaning or to change to a more hazardous cleaning solvent used in existing dry cleaning equipment. Exhibits and trade shows.An operational permit is required to operate exhibits and trade shows. Explosives.An operational permit is required for the manufacture,storage,handling,sale or use of any quantity of explosive,explosive material,fireworks,or pyrotechnic special effects within the scope of Chapter 33. Floor finishing.An operational permit is required for floor finishing or surfacing operations exceeding 350 square feet(33 m2) using Class I or Class II liquids. 30 Fruit and crop ripening.An operational permit is required to operate a fruit,or crop-ripening facility or conduct a fruit-ripening process using ethylene gas. Fumigation and thermal insecticidal fogging.An operational permit is required to operate a business of fumigation or thermal insecticidal fogging and to maintain a room,vault or chamber in which a toxic or flammable fumigant is used. HPM facilities.An operational permit is required to store,handle or use hazardous production materials. High-piled storage.An operational permit is required to use a building or portion thereof as a high-piled storage area exceeding 500 square feet(46 m2). Hot work operations.An operational permit is required for hot work including,but not limited to: 1.Public exhibitions and demonstrations where hot work is conducted. 2.Use of portable hot work equipment inside a structure. Exception:Work that is conducted under a construction permit. 3.Fixed-site hot work equipment such as welding booths. 4.Hot work conducted within a hazardous fire area. 5.Application of roof coverings with the use of an open flame device. Industrial ovens.An operational permit is required for operation of industrial ovens regulated by Chapter 21. Lumber yards and woodworking plants.An operational permit is required for the storage or processing of lumber exceeding 100,000 board feet(8,333 ft3) (236 m3). Liquid-or gas-fueled vehicles or equipment in assembly buildings.An operational permit is required to display,operate or demonstrate liquid-or gas-fueled vehicles or equipment in assembly buildings. Magnesium.An operational permit is required to melt,cast,heat treat or grind more than 10 pounds (4.54 kg)of magnesium. Miscellaneous combustible storage.An operational permit is required to store in any building or upon any premises in excess of 2,500 cubic feet(71m3) gross volume of combustible empty packing cases, boxes,barrels or similar containers,rubber tires,rubber,cork or similar combustible material. Open burning.An operational permit is required for the kindling or maintaining of an open fire or a fire on any public street,alley,road,or other public or private ground.Instructions and stipulations of the permit shall be adhered to. Exception:Recreational fires. Open flames and candles.An operational permit is required to remove paint with a torch;use a torch or open flame device in a hazardous fire area;or to use open flames or candles in connection with assembly areas,dining areas of restaurants or drinking establishments. Organic coatings.An operational permit is required for any organic-coating manufacturing operation producing more than 1 gallon(4 L) of an organic coating in one day. Places of assembly.An operational permit is required to operate a place of assembly. Pyrotechnic special effects material.An operational permit is required for use and handling of pyrotechnic special effects material. Pyroxylin plastics.An operational permit is required for storage or handling of more than 25 pounds(11 kg) of cellulose nitrate (pyroxylin)plastics and for the assembly or manufacture of articles involving pyroxylin plastics. Refrigeration equipment.An operational permit is required to operate a mechanical refrigeration unit or system regulated by Chapter 6. Repair garages and service stations.An operational permit is required for operation of repair garages and automotive,marine and fleet service stations. 31 Rooftop heliports.An operational permit is required for the operation of a rooftop heliport. Spraying or dipping.An operational permit is required to conduct a spraying or dipping operation utilizing flammable or combustible liquids or the application of combustible powders regulated by Chapter 15. Storage of scrap tires and tire byproducts.An operational permit is required to establish,conduct or maintain storage of scrap tires and tire byproducts that exceeds 2,500 cubic feet(71m3) of total volume of scrap tires and for indoor storage of tires and tire byproducts. Temporary membrane structures,tents and canopies.An operational permit is required to operate an air-supported temporary membrane structure or a tent having an area in excess of 200 square feet(19 m2),or a canopy in excess of 400 square feet(37 m2). Exceptions: 1.Tents used exclusively for recreational camping purposes. 2.Fabric canopies and awnings open on all sides which comply with all of the following: 2.1.Individual canopies shall have a maximum size of 700 square feet(65 m2). 2.2.The aggregate area of multiple canopies placed side by side without a fire break clearance of 12 feet (3658 mm) shall not exceed 700 square feet(65 m2)total. 2.3.A minimum clearance of 12 feet(3658 mm) to structures and other tents shall be provided. Tire-rebuilding plants.An operational permit is required for the operation and maintenance of a tire rebuilding plant. Waste handling.An operational permit is required for the operation of wrecking yards,junk yards and waste material-handling facilities. Wood products.An operational permit is required to store chips,hogged material,lumber or plywood in excess of 200 cubic feet(6 m3). Construction Permits Compressed gases.When the compressed gases in use or storage exceed the amounts listed in Table 105.6.9,a construction permit is required to install,repair damage to,abandon,remove,place temporarily out of service,or close or substantially modify a compressed gas system. Exceptions: 1. Routine maintenance. 2. For emergency repair work performed on an emergency basis,application for permit shall be made within two working days of commencement of work. The permit applicant shall apply for approval to close storage,use or handling facilities at least 30 days prior to the termination of the storage,use or handling of compressed or liquefied gases.Such application shall include any change or alteration of the facility closure plan filed pursuant to Section 2701.5.3.The 30-day period is not applicable when approved based on special circumstances requiring such waiver. Flammable and combustible liquids.A construction permit is required: 1.To repair or modify a pipeline for the transportation of flammable or combustible liquids. 2.To install,construct or alter tank vehicles,equipment,tanks,plants,terminals,wells,fuel-dispensing stations,refineries,distilleries and similar facilities where flammable and combustible liquids are produced,processed,transported,stored,dispensed or used. 3.To alter,abandon,place temporarily out of service or otherwise dispose of a flammable or combustible liquid tank. 32 Hazardous materials.A construction permit is required to install,repair damage to,abandon,remove, place temporarily out of service,or close or substantially modify a storage facility or other area regulated by Chapter 27 when the hazardous materials in use or storage exceed the amounts listed in Table 105.6.21. Exceptions: 1.Routine maintenance. 2.For emergency repair work performed on an emergency basis, application for permit shall be made within two working days of commencement of work. Industrial ovens.A construction permit is required for installation of industrial ovens covered by Chapter 21. Exceptions: 1.Routine maintenance. 2.For repair work performed on an emergency basis,application for permit shall be made within two working days of commencement of work. LP-gas.A construction permit is required for installation of or modification to an LP-gas system. Spraying or dipping.A construction permit is required to install or modify a spray room,dip tank or booth. 33 Attachment B Fee Resolution Rental Rate Classifications Eden Prairie City Government: Any activity related to or benefitting the operations of Eden Prairie's City Government including,but not limited to, City Council, Board and Commission meetings, City sponsored or hosted programs, events and public meetings. The Riley-Purgatory Creek Watershed District and the Eden Prairie School District programs located at City Center are included in this category for City Center rentals.-No Charge. Group I -Eden Prairie Civic/Non-Profit Agencies: Includes Eden Prairie School District,Eden Prairie Youth Athletic Associations, PROP, SW Metro Transit, SW Suburban Cable and Eden Prairie-based religious organizations.A civic, non-profit or resident group is considered as Eden Prairie-based if it has at least 75% of its membership roster residing in the City(as in the case of Eden Prairie Homeowner/Townhome Associations). Group II-Eden Prairie Residents and Businesses: Eden Prairie-based businesses and commercial organizations and Eden Prairie residents who wish to use the facilities for personal use. Group III - Non-Eden Prairie Residents/Businesses/Groups: Non-resident individuals,groups, commercial, and business organizations (including non-profit), as well as state &county-related committees,including Minnesota's federal and state representatives and political groups (i.e., League of Women Voters, Town Hall meetings,political conventions, etc.). NOTE: Eden Prairie residents and businesses may NOT make reservations for non-Eden Prairie based residents and businesses under the Group II rate. City Rental Facilities Amphitheatre-located at Staring Lake Park City Center-meeting rooms, conference rooms,and the Council Chambers Community Center - ice arenas, meeting rooms, gymnasium, racquetball/Wallyball courts, and swimming pool Park Pavilions & Buildings - Round Lake Park Pavilion, Homeward Hills Park Barn, Round Lake Park Building, Staring Lake Park Building, Miller Park Building, Nesbitt Preserve Park Building, Riley Lake Pavilion, Riley-Jacques Barn, Purgatory Creek Park - Lambert Pavilion, Prairie View Park Building, Forest Hills Park Building,Edenvale Park Building and Crestwood Park Building Senior Center- community room, meeting rooms, and the wood shop (available with supervision according to wood shop regulations) Warming Houses - park buildings located throughout the City used during the winter at outdoor ice rinks 34 2012 /2013 Fee Changes City of Eden Prairie, Minnesota 1 Parks and Recreation 2012/2013 Fee Changes 2 Community Center Membership Fees & Charges City of Eden Prairie 2012/2013 Fee Changes ITEM-ACTIVITY DESCRIPTION 2012 2013 %Change'12-'13 COMMUNITY CENTER MEMBERSHIP Monthly Resident Membership Rates A resident either lives or works in Eden Prairie. 10%discount on upfront purchase of 12 month membership Youth(18 and under) Monthly rate plus applicable taxes $ 27.00 $ 28.00 3.7% Adult(19 and over) Monthly rate plus applicable taxes $ 35.00 $ 36.00 2.9% Dual Monthly rate plus applicable taxes $ 62.50 $ 63.75 2.0% Dual Plus One Monthly rate plus applicable taxes $ 73.50 $ 75.50 2.7% Household Monthly rate plus applicable taxes $ 84.00 $ 86.50 3.0% Senior(62 and older) Monthly rate plus applicable taxes $ 27.00 $ 28.00 3.7% Senior Dual Monthly rate plus applicable taxes $ 46.75 $ 48.00 2.7% Monthly Non Resident Membership Rates Youth(18 and under) Monthly rate plus applicable taxes $ 42.25 $ 43.50 3.0% Adult(19 and over) Monthly rate plus applicable taxes $ 42.25 $ 43.50 3.0% Dual Monthly rate plus applicable taxes $ 75.00 $ 77.25 3.0% Dual Plus One Monthly rate plus applicable taxes $ 88.00 $ 90.50 2.8% Household Monthly rate plus applicable taxes $ 101.00 $ 104.00 3.0% Senior(62 and older) Monthly rate plus applicable taxes $ 42.25 $ 43.50 3.0% Senior Dual Monthly rate plus applicable taxes $ 75.00 $ 77.25 3.0% 3 Community Center Open Activities and PlayCare Fees & Charges City of Eden Prairie 2012/2013 Fee Changes ITEM-ACTIVITY DESCRIPTION 2012 2013 %Change'12-'13 MMUNITY CENTER OPEN ACTIVITIES Open Skate,Swim and Gym Resident and Non Resident-fee is for the use of open swim,open skate,and open gym Tots 12 months to 4 years $ 4.00 $ 4.50 12.5% 4 Community Center Rental Fees&Charges City of Eden Prairie 2012/2013 Fee Changes ITEM-ACTIVITY DESCRIPTION Fee 2012 2013 %Change'12-'13 Type Group 1 Group 2 Group 3 Group 1 Group 2 Group 3 Group 1 Group 2 Group 3 COMMUNITY CENTER RENTALS _ Ice Arena Rental-Rinks 1,2,&3 Request must be submitted to the Department Coordinator or Customer Service Representative a minimum of two weeks prior to requested date.Times and dates must not conflict with an existing program or activity.City programs have priority. Spring prime time-March 1 thru June 13-3 p.m.to 11 p.m. hourly+tax $ 185.00 $ 185.00 $ 185.00 $ 190.00 $ 190.00 $ 190.00 2.7% 2.7% 2.7% Monday-Friday,weekends,holiday,&non-school days Spring non-prime time-March 1 thru June 13-before 3 p.m.and after 11 p.m. hourly+tax $ 155.00 $ 155.00 $ 155.00 $ 160.00 $ 160.00 $ 160.00 3.2% 3.2% 3.2% Monday-Friday Summer time-June 14 thru Aug 31-6 a.m.to 11 p.m. hourly+tax $ 180.00 $ 180.00 $ 180.00 $ 185.00 $ 185.00 $ 185.00 2.8% 2.8% 2.8% Fall prime time-September 1 thru September 30-3 p.m.to 11 p.m. hourly+tax $ 185.00 $ 185.00 $ 185.00 $ 190.00 $ 190.00 $ 190.00 2.7% 2.7% 2.7% Monday-Friday,weekends,holiday,&non-school days Fall non-prime time-September 1 thru September 30-before 3 p.m.and after 11 p.m. hourly+tax $ 155.00 $ 155.00 $ 155.00 $ 160.00 $ 160.00 $ 160.00 3.2% 3.2% 3.2% Monday-Friday Winter prime time-October 1 thru February 29-3 p.m.to 11 p.m. hourly+tax $ 195.00 $ 195.00 $ 195.00 $ 200.00 $ 200.00 $ 200.00 2.6% 2.6% 2.6% Monday-Friday,weekends,holiday,&non-school days Winter non-prime time-October 1 thru February 29-before 3 p.m.and after 11 p.m. hourly+tax $ 155.00 $ 155.00 $ 155.00 $ 160.00 $ 160.00 $ 160.00 3.2% 3.2% 3.2% Special Ice Rates-School District 272 Physical Education classes Per hour-50%of non-prime time rate hourly+tax $ 77.50 same for all $ 80.00 same for all 3.2% 3.2% 3.2% Hockey Games Prime time rate-personnel required to run games supplied by others. 5 Parks& Recreation Rental Fees&Charges City of Eden Prairie 2012/2013 Fee Changes ITEM-ACTIVITY DESCRIPTION Fee 2012 2013 %Change'12-'13 Type Group 1 Group 2 Group 3 Group 1 Group 2 Group 3 Group 1 Group 2 Group 3 OAK POINT POOL Oak Point Pool Rental Lifeguards must be added as follows at the rate of$16.00 an hour: small slide pool rental only-min.3 lifeguards,large pool rental only-min.of 2 lifeguards,rental of entire pool facility-min.of 5 lifeguards.Additional lifeguards will be determined by management depending on group size and age. Sunday rentals require an additional$31.50 an hour maintenance fee for the rental of 6 lanes of the pool. For Sunday rental of the entire pool,an additional$55.00 an hour is required. Prime time:6 a.m.-5 p.m.,Monday-Saturday;and noon-5 p.m.Sunday hourly+tax $ 65.00 $ 65.00 $ 65.00 $ 73.00 $ 73.00 $ 73.00 12.3% 12.3% 12.3% Non-prime time:5 p.m.-9 p.m.,Monday-Sunday hourly+tax $ 54.50 $ 54.50 $ 54.50 $ 60.50 $ 60.50 $ 60.50 11.0% 11.0% 11.0% Discount rate:9 p.m.-11 p.m.,Monday-Sunday hourly+tax $ 49.50 $ 49.50 $ 49.50 $ 54.50 $ 54.50 $ 54.50 10.1% 10.1% 10.1% Park Facilities Rental Rates include one building supervisor No private group of over 300 will be allowed to reserve facilities at any park(max.at Staring Park is 150) Eden Prairie School District Programs charged only direct cost for all parks during the school day. Homeward Hills Barn 1/2 Day-Maximum capacity varies plus tax $ 125.00 $ 125.00 $ 125.00 $ 140.00 $ 140.00 $ 140.00 12.0% 12.0% 12.0% Homeward Hills Barn Full Day-Maximum capacity varies plus tax $ 140.00 $ 140.00 $ 140.00 $ 200.00 $ 200.00 $ 200.00 42.9% 42.9% 42.9% Warming Houses-2 hour minimum Supervision required-2 hour minimum-Dec 15 to Mar 1 hourly+tax $ 10.00 $ 30.00 $ 30.00 $ 10.00 $ 20.00 $ 30.00 0.0% -33.3% 0.0% Senior Center Rental Community Room/Kitchen Including kitchen-NO LOUNGE hourly+tax $ 40.00 $ 45.00 $ 45.00 $ 40.00 $ 45.00 $ 50.00 0.0% 0.0% 11.1% Kitchen Approx.15 people with use of appliances hourly+tax $ 20.00 $ 20.00 $ 20.00 $ 15.00 $ 20.00 $ 25.00 -25.0% 0.0% 25.0% Community Room/Kitchen/Lounge All three rooms hourly+tax $ 60.00 $ 60.00 $ 60.00 $ 60.00 $ 65.00 $ 70.00 0.0% 8.3% 16.7% Lounge Lounge only hourly+tax $ 15.00 $ 15.00 $ 15.00 $ 15.00 $ 20.00 $ 25.00 0.0% 33.3% 66.7% Room 200 Approx.10-15 people hourly+tax $ 15.00 $ 20.00 $ 20.00 $ 15.00 $ 20.00 $ 25.00 0.0% 0.0% 25.0% Room 201 Approx.40 people theater style,25 to 30 table seating hourly+tax $ 30.00 $ 35.00 $ 35.00 $ 30.00 $ 35.00 $ 40.00 0.0% 0.0% 14.3% Room 203 Approx.25 people theater style,15 to 20 table seating hourly+tax $ 20.00 $ 25.00 $ 25.00 $ 20.00 $ 25.00 $ 30.00 0.0% 0.0% 20.0% Room 209 Approx.10 to 15 hourly+tax $ 15.00 $ 20.00 $ 20.00 $ 15.00 $ 20.00 $ 25.00 0.0% 0.0% 25.0% Equipment Rental Portable TV/DVD player,Karaoke Machine/Cd's/Bingo Equipment per item $ 20.00 $ 20.00 $ 20.00 delete delete delete n/a n/a n/a Woodshop Approx.8-10 people-2 hour minimum $ - $ - $ - $ 25.00 $ 30.00 $ 35.00 n/a n/a n/a 6 Parks and Recreation Fees & Charges City of Eden Prairie 2012/2013 Fee Changes ITEM-ACTIVITY DESCRIPTION 201 201 . ORGANIZED ATHLETICS Ball Field Tournaments Addt'I charge for Unscheduled Lights Service Charge free $ 30.00 n/a Field Maintenance Workers(2) Per hour free $ 50.00 n/a Outdoor Athletic Courts Basketball,Tennis,&Sand Volleyball Per hour,per court free $ 10.00 n/a 7 Community Development 2012/2013 Fee Changes 8 Assessing Fees & Charges City of Eden Prairie 2012/2013 Fee Changes M-ACTIVITY DESCRIPTION 2012 2013 %Change'12-'13 ASSESS! Special Assessment Searches Non-resident Per parcel $ 19.50 $ 20.00 2.6% 9 Public Works 2012/2013 Fee Changes 10 Engineering Fees&Charges City of Eden Prairie 2012/2013 Fee Changes ITEM-ACTIVITY DESCRIPTION 2012 2013 %Change'12-'13 ENGINEERING Digital GIS Data Requests 2ft contours-per sq mile $ 50.00 $ 100.00 100.0% Spot elevation point data-per sq mile $ 50.00 $ 100.00 100.0% Base map data-citywide data $ 100.00 $ 120.00 20.0% Permit for Right-of-Way Excavations Mainline utility and telecommunication Per/100 L.F $ 25.00 $ 30.00 20.0% Repair or service excavation Turf area $ 35.00 $ 40.00 14.3% Repair or service excavation Pavement area $ 75.00 $ 80.00 6.7% Residential driveway $ 35.00 $ 40.00 14.3% Commercial driveway $ 75.00 $ 80.00 6.7% All other excavations Turf area $ 35.00 $ 40.00 14.3% All other excavations Pavement area $ 75.00 $ 80.00 6.7% Street Signs 9 button delineator-red Includes post&install $ 127.00 $ 131.00 3.1% 9 button delineator-red Includes breakaway post&install $ 149.00 $ 154.00 3.4% Future road extension advisory Includes 2 posts&install-36"x 30" $ 288.00 $ 296.00 2.8% Keep right symbol Includes 9 button delin-yellow,no post $ 153.00 $ 158.00 3.3% Keep right symbol Includes 9 button delin-yellow,install,post $ 182.00 $ 187.00 2.7% Keep right symbol Includes 9 button delin-yellow,install&breakaway post $ 212.00 $ 218.00 2.8% No outlet Includes post&install-24"x 24" $ 140.00 $ 144.00 2.9% No parking Includes post&install-Used for Turn-Around $ 160.00 $ 164.00 2.5% Stop sign Includes brackets,install,no post-30"x 30" $ 153.00 $ 158.00 3.3% Stop sign Includes brackets,install,with post-30"x 30" $ 182.00 $ 187.00 2.7% Street name sign Includes install with 12'post-6"x 6" $ 253.00 $ 261.00 3.2% Street name sign Includes install with 12'post-6"x 9" $ 282.00 $ 291.00 3.2% Street name sign Includes install with 12'post-9"x 9" $ 304.00 $ 314.00 3.3% Temporary street name sign Plus 15%surcharge for maintenance until permanent signs in place $ 177.00 $ 183.00 3.4% Weight Restrictions Truck overweight permit fee Per trip $ 50.00 $ 55.00 10.0% Other Licenses Refuse&garbage collectors Annual-1st Vehicle $ 125.00 $ 130.00 4.0% 11 Utilities Fees&Charges City of Eden Prairie 2012/2013 Fee Changes ITEM-ACTIVITY DESCRIPTION 2012 2013 %Change'12-'13 UTILITIES-USER CHARGES Penalty for billed charges:1%per month on account not paid within 30 days of billing.A ' I equivalent connection(R.E.C.)is one dwelling unit.The minimum monthly use charge for uses other than residential shall be the same as 1 R.E.0 Sanitary sewer Sanitary sewer Per 1,000 gallons-Subject to minimum of 4,000 gallons per qtr per R.E.C. $ 2.50 $ 2.60 4.0% Water(Residential) Per 1,000 gallons Flow Charge 0 to 36,000 gallons $ 1.85 $ 1.90 2.7% Flow Charge 36,001 to 48,000 gallons $ 2.85 $ 2.90 1.8% Flow Charge 48,001 to 60,000 gallons $ 3.35 $ 3.40 1.5% Flow Charge 60,001 to 78,000 gallons $ 3.85 $ 3.90 1.3% Flow Charge 78,001 and above $ 4.35 $ 4.40 1.1% Water All Other Classes(includes commercial,apartments,institutions,etc) $ 1.85 $ 1.90 2.7% Irrigation Irrigation only Meters Residential and Other Classes Flow Charge 0 to 48,000 gallons-divide each by 3 for monthly rates $ 2.85 $ 2.90 1.8% Flow Charge 48,001 to 60,000 gallons-divide each by 3 for monthly rates $ 3.35 $ 3.40 1.5% Flow Charge 60,001 to 78,000 gallons-divide each by 3 for monthly rates $ 3.85 $ 3.90 1.3% Flow Charge 78,001 and above-divide each by 3 for monthly rates $ 4.35 $ 4.40 1.1% Fixed charges-Per Quarter Each R.E.C.will be billed:$12.30 fixed charge for water and$12.30 fixed charge for sewer $ 19.50 $ 24.60 26.2% Fixed charges are billed on the greater of the number of R.E.C.'s on connections Fixed charges-Per Month Each R.E.C.will be billed:$4.90 fixed charge for water and$4.90 fixed charge for sewer $ 7.80 $ 9.80 25.6% Fixed charges are billed on the greater of the number of R.E.C.'s on connections Other Charges Unmetered residential sewer only use charges$38 per quarter per R.E.C.plus a$9.80 fixed charge $ 37.00 $ 38.00 2.7% Estimate read fee After 3 consecutive estimate reads,and customer has not scheduled an appt.with the $ - $ 50.00 n/a water olant a nonrefundable monthly fee will be added Water/Fill Station Per 1,000 gallons purchased at tanker fill station at 14100 Technology Dr. $ 2.75 $ 2.90 5.5% UTILITIES-OTHER FEES Storm Drainage Land Use Quarterly Fee Single-family homes/Multi-family homes Each $ 6.00 $ 7.00 16.7% Apartments per acre rates.Divide each by 3 for monthly rates. $ 59.60 $ 69.55 16.7% Industrial per acre rates.Divide each by 3 for monthly rates. $ 59.60 $ 69.55 16.7% Commercial/office per acre rates.Divide each by 3 for monthly rates. $ 77.65 $ 88.85 14.4% Institutions per acre rates.Divide each by 3 for monthly rates. $ 67.55 $ 78.80 16.7% Airport/landfill per acre rates.Divide each by 3 for monthly rates. $ 14.85 $ 17.30 16.5% Parks/open space/golf course/rail road per acre rates.Divide each by 3 for monthly rates. $ 8.35 $ 9.70 16.2% Undeveloped land Each $ 19.90 $ 23.20 16.6% System Access Charges-Utility Charges Sanitary Sewer Residential Per R.E.C. $ 570.00 $ 590.00 3.5% Industrial,commercial,public, office Per Metro SAC $ 1,040.00 $ 1,070.00 2.9% System Access Charges-Utility Charges Water Residential Per R.E.C. $ 2,510.00 $ 2,590.00 3.2% Industrial,commercial,public, office Per Metro SAC $ 3,280.00 $ 3,380.00 3.0% Water/Sewer Connection A connection fee of$18,510 per single unit is applicable if the property $ 17,970.00 $ 18,510.00 3.0% has not participated in the cost of the utilities by other methods. 12 Police 2012/2013 Fee Changes 13 Police Fees &Charges City of Eden Prairie 2012/2013 Fee Changes ITEM-ACTIVITY DESCRIPTION 2012 2013 %Change'12-'13 POLICE FEES&CHARG • Police Officer Supplemental Employment Police Officer Supplemental Employmen Per hour-Minimum charge is three hours $ 70.00 $ 75.00 7.1% 14 Office of the City Manager 2012/2013 Fee Changes 15 Facilities Equipment and Room Rental Fees & Charges City of Eden Prairie 2012/2013 Fee Changes ITEM-ACTIVITY DESCRI Frequency 2012 2013 %Change'12-'13 FACILITIES EQUIPMENT RENT,L ,ND STAFF TIME Group 1 Group 2 Group 3 Group 1 Group 2 Group 3 Group 1 Group 2 Group 3 Security per hour if alcohol is served hourly $ 70.00 $ 70.00 $ 70.00 $ 75.00 $ 75.00 $ 75.00 7.1% 7.1% 7.1% 16 CITY COUNCIL AGENDA DATE: December 4, 2012 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.E. Community Riley Views Development/Planning Janet Jeremiah/Regina Rojas Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 13.4 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Rural to R1.9.5 on 13.4 acres; and • Adopt the Resolution for Preliminary Plat on 13.4 acres into 28 lots, 2 outlots and road right of way lots; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis This is a 28 lot single family subdivision with waivers for lot dimension, setbacks, and cul-de- sac length. Background Information The project requires 40 Planned Unit Development(PUD)waivers from the City code related to cul-de-sac length, lot frontage, lot depth and setbacks. In exchange for the waivers, the City benefits from dedication of right-of-way along Pioneer Trail for future road and trail improvements and dedication of outlots A and B for the wetlands and the creek corridor. The plans show a single access point to Riley Lake Road on the east end of the development which results in a cul-de-sac length of 1,650 feet. The plan originally included a second access point which was located on Pioneer Trail across from Crestwood Terrace. This second access point required sight line and turn lane improvements on Pioneer Trail which were ultimately determined to be too significant for this development to undertake at this time. In order to mitigate this change the following plan changes and conditions have been recommended and incorporated into the plan: • A trail/emergency vehicle access will be constructed just to the east of Crestwood Terrace. • Sufficient right-of-way will be provided to allow for the construction of the Crestwood Terrace access when Pioneer Trail is upgraded. • The Developer will provide a financial security to cover the costs of the future road connection to Pioneer Trail at Crestwood Terrace • The plan for the future connection to Pioneer Trail will need to be disclosed to all prospective buyers and included in all marketing materials for the site. • Subject to the results of a traffic study the Aubrie Court intersection with Riley Lake Road will be required to be shifted north according to "Exhibit A"to address vehicle queuing or other operational concerns associated with its close proximity to Pioneer Trail. The 120-Day Review Period Expires on March 6, 2013. Planning Commission Recommendation The Planning Commission voted 5-0 to recommend approval of the project at the November 26, 2012 meeting. Attachments 1. Resolution—PUD 2. Resolution—Preliminary Plat 3. Staff Report dated 11-21-12 4. Location Map 5. Land Use Map 6. Zoning Map 7. Aerial photo 8. Planning Commission Minutes--Unapproved CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF RILEY VIEWS FOR HUNTER EMERSON, LLC WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on November 26, 2012, on Riley Views by Hunter Emerson, LLC and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on December 4, 2012. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Riley Views,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 November 28, 2012. 3. That the PUD Concept meets the recommendations of the Planning Commission November 26, 2012. ADOPTED by the City Council of the City of Eden Prairie this 4th day of December, 2012 Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD Concept- (Riley Views) Legal Description: PARCEL 1 - 9400 Riley Lake Road, Eden Prairie, MN 55347 That part of Government Lot 1, Section 30, Township 118, Range 22 lying Northerly of the centerline of County Road No. 1 and Northeasterly of a line and its extensions described as follows: Beginning at the intersection of the North line of said Government Lot 1 and the Southeasterly right of way of the Chicago and Northwestern Railroad; thence South 39 degrees 46 minutes 18 seconds East(assuming the North line of Government lot 1 has a bearing of South 89 degrees 59 minutes 26 seconds East) a distance of 330.85 feet to the centerline of County Road No. 1 and thee terminating, according to the Government Survey thereof. and That part of Government Lot 3, Section 19, Township 118, Range 22, described as beginning at the intersection of the South line of said Government Lot 3 with the Southeasterly right of way line of the Chicago and Northwestern Railroad; thence on an assumed bearing of South 89 degrees 59 minutes 26 seconds East along the South lne of said Government Lot 3 a distance of 667.89 feet to the South quarter-corner of said Section 19; thence North 38 degrees 52 minutes 07 seconds West a distance of 469.75 feet; thence Northwesterly along a tangent curve concave to the Northeast having a radius of 156.60 feet, central angle of 5 degrees 23 minutes, a distance of 14.71 feet, to the intersection with the Southeasterly right of way of said railroad; thence Southwesterly along said railroad right of way line a distance of 524.70 feet to the point of beginning, according to the Government Survey thereof PARCEL 2 - 18600 Pioneer Trail, Eden Prairie, MN 55347 That part of Government Lot 1, Section 30, Township 116, Range 22, described as beginning at the Northeat corner of said Government Lot 1; thence on an assumed bearing of North 89 degrees 59 minutes 26 seconds West along the North line of said Government Lot 1 a distance of 667.89 feet to the intersection with the Southeasterly right of way line of the Chicago and Northwestern Railroad; thence South 43 degrees 59 minutes 20 seconds West along said railroad right-of-way a distance of 577.92 feet; thence South 45 degrees 45 minutes 53 seconds East a distance of 269.78 feet to the center line of County Road No. 1; thence North along said East line a distance of 66.14 feet to the point of beginning, lying southwesterly of a line described as follows; Beginning at the intersection of the North line of said Government Lot 1, and the Southeasterly right-of-way of the Chicago and Northwestern Railroad; thence South 39 degrees 46 minutes 18 seconds East(assuming the North line of Government Lot 1, has a bearing of South 89 degrees 59 minutes 26 seconds East) a distance of 330.85 feet to the centerline of County Road No. 1, and there terminating. PARCEL 3 - 18700 Pioneer Trail, Eden Prairie, MN 55347 That part of Government Lot 1 and 2 and that part of the Southeast Quarter of the Northwest Quarter, all in Section 30, Township 116, Range 22 described as: Commencing at the intersection of the North line of said Government Lotl with the center line of the Chicago & Northwestern Railway right-of-way as described in Book 554 of Deeds,page 293, Document No. 351456; thence on an assumed bearing of South 43 degrees 59 minutes 20 seconds West along the center line of said railway right-of-way line a distance of 1383.65 feet; thence South 62 degrees 05 minutes 26 seconds East a distance of 78.06 feet to the intersection with a line 75 feet Southeasterly of, measured at a right angle to and parallel with the above described centerline, said intersection being the point of beginning of the land to be described; thence continuing South 62 degrees 05 minutes 26 seconds East a distance of 425.05 feet to the northwesterly right-of-way line of County Road No. 1 as shown on Hennepin County Highway Plat No. 6 recorded in Book 70 of Hennepin County Record, page 3837760; thence Northeasterly along the Northwesterly right-of-way line of said road to the intersection with a line which bears South 45 degrees 45 minutes 53 seconds East from a point on the Southeasterly right-of-way line of said railway distant 577.92 feet Southwesterly from the North line of said Government Lot 1 as measured along said Southeasterly right-of-way line; thence North 45 degrees 45 minutes 53 seconds West a distance of 211.6 fee to the intersection with a line 75 feet Southeasterly of, measured at right angles to and parallel with the center line of said railway; thence Southwesterly along said parallel line to the point of beginning. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2012- RESOLUTION APPROVING THE PRELIMINARY PLAT OF RILEY VIEWS FOR HUNTER EMERSON,LLC BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of Riley Views for Hunter Emerson, LLC stamp dated November 28, 2012, and consisting of 13.4 acres into 28 lots, 2 outlots and road right of way, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 4th day of December, 2012. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Regina Rojas, Planner II DATE: November 21, 2012 SUBJECT: Riley Views APPLICANT/ Hunter Emerson, LLC OWNER: J-III Properties LOCATION: 9400 Lake Riley Road and 18600 & 18700 Pioneer Trail 120 DAY REVIEW: March 6, 2013 REQUEST: 1. Planned Unit Development Concept Review on 13.4 acres 2. Planned Unit Development District Review with waivers on 13.4 acres 3. Zoning District Change from Rural to R1-9.5 on 13.4 acres 4. Preliminary Plat of 13.4 acres into 28 lots, 2 outlots, and road right of way 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, Medium Density Residential, Golf Course and Park/Open Space. The property is zoned Rural. The surrounding properties are zoned Rural, R1-22, R1-13.5, RM-6.5, and Golf Course. PRELIMINARY PLAT The preliminary plat shows 28 single-family lots at a gross density of 2.09 units per acre. The lot sizes range from 9,914 sq. ft. to 24,054 sq. ft. All lots meet the R1-9.5 requirements for lot square footage. The preliminary plat shows dedication of right-of-way along Pioneer Trail for a future trail and road improvements. Outlot A and B will be dedicated to the City for the wetlands and protection of the creek corridor. PLANNED UNIT DEVELOPMENT WAIVERS The project requires 40 Planned Unit Development(PUD) waivers from the City code related to cul-de-sac length, lot frontage, lot depth and setbacks. • Cul-de-sac from 500 feet to 1,650 feet Staff Report—Riley Views November 21, 2012 Page 2 • Corner Lot Frontage Less than 90 feet Lot 1, Block 1 — 88.1ft. • Front Yard Setback from 30 feet to 25 feet All 28 lots • Lot Depth Less than 150 feet for properties which rear on a railroad Lot 5- 14, Block 2 The waivers provide the following benefits to the City: 1. The plan provides dedication of right-of-way along Pioneer Trail for future road and trail improvements. A trail/emergency vehicle access will be constructed just to the east of Crestwood Terrace. Sufficient right-of-way will be provided to allow for the construction of the Crestwood Terrace access when Pioneer Trail is upgraded. 2. Outlot A and B will be dedicated to the City for the wetlands and protection of the creek corridor. DRAINAGE AND UTILITIES The proposed plan provides required storm water ponding and infiltration areas. City sewer and water is available to the property. TREE REPLACEMENT There are 1,329 diameter inches of significant trees on the property. Tree loss is calculated at 48.7%, or 648 diameter inches. The required tree replacement is 420 diameter inches. The tree replacement plan shows 387 inches. The replacement trees should be relocated a minimum of 10 feet outside of the infiltration swales. This will allow for repair and maintenance of the infiltration swales without impacting trees. Prior to city council a revised tree replacement plan should be submitted showing trees relocated outside of the infiltration swales. ROADWAY ACCESS The plans show a single access point to Riley Lake Road on the east end of the development which results in a cul-de-sac length of 1,650 feet. The plan originally included a second access point which was located on Pioneer Trail across from Crestwood Terrace. This second access point required sight line and turn lane improvements on Pioneer Trail which were ultimately determined to be too significant for this development to undertake at this time. In order to mitigate this change the following plan changes and conditions have been recommended and incorporated into the plan: Staff Report—Riley Views November 21, 2012 Page 3 • A trail/emergency vehicle access will be constructed just to the east of Crestwood Terrace. • Sufficient right-of-way will be provided to allow for the construction of the Crestwood Terrace access when Pioneer Trail is upgraded. • The Developer will provide a financial security to cover the costs of the future road connection to Pioneer Trail at Crestwood Terrace • The plan for the future connection to Pioneer Trail will need to be disclosed to all prospective buyers and included in all marketing materials for the site. • Subject to the results of a traffic study the Aubrie Court intersection with Riley Lake Road will be required to be shifted north to address vehicle queuing or other operational concerns associated with its close proximity to Pioneer Trail. SHORELAND CODE The proposed lots meet the requirements for size, dimensions, and structure setbacks. WETLANDS The plan meets city code requirements for wetland structure setbacks and buffer widths. Outlot A and B will be dedicated to the City for the wetlands and protection of the creek corridor. STAFF RECOMMENDATION Recommend approval of the following request: 1. Planned Unit Development Concept Review on 13.4 acres 2. Planned Unit Development District Review with waivers on 13.4 acres 3. Zoning District Change from Rural to R1-9.5 on 13.4 acres 4. Preliminary Plat of 13.4 acres into 28 lots, 2 outlots, and road right of way This is based on plans stamp dated November 19, 2012, the Staff Report dated November 21, 2012 and the following conditions: 1. Prior to City Council, the proponent shall: A. Revise the tree replacement plan to show trees relocated outside of the infiltration swales. B. Revise the tree replacement plan showing 420 inches of tree replacement. C. Complete a traffic study to determine if the Aubrie Court intersection with Riley Lake Road should be shifted north to address vehicle queuing or other operational concerns associated with its close proximity to Pioneer Trail. If a shifting of the intersection is recommended the plans will be revised to incorporate the necessary adjustment in the alignment of Aubrie Court. 2. Prior to release of the final plat, the proponent shall: Staff Report—Riley Views November 21, 2012 Page 4 A. Submit detailed storm water runoff,utility, and erosion control plans for review and approval by the City Engineer and Watershed District. B. Submit roadway and infrastructure plans that accommodate the future roadway connection to Pioneer Trail for review and approval by the City Engineer C. Pay all City sewer and water assessment and connection fees. D. Dedicate Outlots A, B to the City. E. Provide a financial security for the future road connection to Pioneer Trail at Crestwood Terrace. 3. Prior to grading permit issuance, the proponent shall: A. Submit a tree replacement bond, letter of credit, or escrow surety equivalent to 150% of the cost of the landscaping. B. Notify the City and Watershed District 48 hours in advance of grading. C. 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. 4. Prior to building permit issuance for the property, the proponent shall pay the appropriate cash park fee. 5. Agree to disclosure to all prospective buyers and include in all marketing materials for the site the plan for the future connection to Pioneer Trail at Crestwood Terrace. 6. The following waivers are granted through the PUD for the project as indicated in the approved plans: • Cul-de-sac length from 500 feet to 1,650 feet. • Corner Lot Frontage Less than 90 feet for Lot 1, Block 1 — 88.1ft. • Front Yard Setback from 30 feet to 25 feet for all 28 lots • Lot Depth Less than 150 feet for properties which abut the railroad for lots 5-14, Block 2 Area Location Map - Riley Views Address: 9400 Lake Riley Road and 18600 & 18700 Pioneer Trail Eden Prairie, MN \\, Riley Lake Road Lake Riley A r A op 1 cam 411iii V, \ *11,k I lir• Pioneer •Trail II a I q k<,do SITE \ Lakeland Terrace ING� � ■ , Crestwood Terrace ,�` C�LCCT city of r � Chanhassen ""D ... ' . •0/i+N 40%, IS-- 1 , i 111, =Oil '$001 0110 I° 4& OM VII �11 ... .. Imo b4r Vr. 11111 n 116 "Illik Guide Plan Map Riley Views 9400 Riley Lake Road, 18600 and 18700 Pioneer Trail, Eden Prairie, MN Lake Riley 7 - - -4111W)7 0 7 .... I /77140,riaz am t �, iiim Riley Lake Road I 4,07...„ 11. 1--- 1 I, . .__:._ ______ 40 01.11 . / \ 1 \ ---1 Ilt# -------------%--- Thr - \ 1 / Pioneer Trail ri, 0- -i,..,1:7,,,, 41,4 it,4 _ y-------- 4. 1111 111 sos 1, . ,. ,fenk el . . ,:11 itilt/ C i'i, 04:04-i 41.twtris 111 it lilW Legend O CityLimits -Industrial Streams N 1-7 Rural Residential 0.10 Units/Acre —Neighborhood Commercial Principal Arterial Low Density Residential 0-2.5 Units/Acre -Community Commercial 1771 Low Density/Public/Open Space -Regional Commercial —A Minor Arterial Medium Density residential 2.5-10 Units/Acre-Town Center B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06 , + 1' OMedium Density Residential/Office Park/Open Space DATE Revised 101-07-05 DATE Revised 03-01-07 E a E N —Major Collector DATE Revised 11-07-05 DATE Revised 06-01-07 -High Density Residential 10-40 Units/Acre -Public/Quasi-Public m Minor Collector DATE Revised 02-23-06 DATE Revised 10-01-07 DATE Revised 03-23-06 DATE Revised 03-01-08 -Airport =Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09 Office —Church/ emetery PRAIRIE V ,Office/Industrial Open Water 7 Office/Public/Open Space -Right-Of-Way 0.25 0.125 0 LIVE•WORK•QA EAM Miles Zoning Map Riley Views 9400 Riley Lake Road, 18600 and 18700 Pioneer Trail, Eden Prairie MN AIF RD 1 Pliiiir 41 -Ellin naTi- Lake Riley fri I Riley Lake Road VP — orwir i . . Fri 111111 lissimmg ___,,, _ _ r z f � lV Pioneer Trail gill ma L ,,,, , 1 . -- ‘ / .4. 1 ______, / / , illill'Ab 4110, 111P . • , I / , ----\\\---\'-i- le ' •••-' 00 ' 0 * - .../# ... 4 , --)ii . e /0N\ ,. ,,,,,\ . 11 illiti, Itt„. i4y-iv.. I iii..* / ,..._ . 40,,,,,i„,,, �i 1_\ 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. DM TC-MU I SDI 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 0.125 0.25 - Regional Service Commercial Milesa_1p..m..,rmo..,..�.,ti4...o..o.a., ..._..a..m :..::m„ Aerial Map Riley Views 9400 Riley Lake Road, 18600 and 18700 Pioneer Trail, Eden Prairie, MN Ir . - i I I Fr Lake Riley W LL ‘ AL( -a . ' Riley Lake Road Nr4ENONIF I,/ ' '114411111 - Pioneer Trail gl*Isioriai /44110,1111111111111 atill, d O 40 • Itt 64 114. ' 4 A UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,NOVEMBER 27, 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: Regina Rojas, Planner II Rod Rue, City Engineer Stu Fox, Manager of Parks &Natural Resources Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Vice Chair Fyten called the meeting to order at 7:00 p.m. Frank, Pitzrick, Schultz and Stoltz were absent. II. APPROVAL OF AGENDA MOTION by Lechelt, seconded by Wuttke, to approve the agenda. Motion carried 5-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON OCTOBER 22, 2012 MOTION by Wuttke, seconded by Lechelt, to approve the minutes. Motion carried 3-0. Kirk and Lee abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. RILEY VIEWS by Hunter Emerson, LLC Location: 9400 Lake Riley Road; 18600 & 18700 Pioneer Trail. Request for: • Planned Unit Development Concept Review on 13.4 acres November 26, 2012 Page 2 • Planned Unit Development District Review with waivers on 13.4 acres • Zoning District Change from Rural to R1-9.5 on 13.4 acres • Preliminary Plat of 13.4 acres into 28 lots, 2 outlots and road right of way Scott Carlson, of Hunter Emerson,presented the proposal. He had a PowerPoint presentation that he was going to show but decided to just hand out the presentation to the Commission members. The packet contained such things as the housing types and a map. He stated this project is similar to the Stone Gate Development, which is right across the street. The development will contain 28 lots. There is one main entrance in this development and they do not anticipate any traffic backup on Pioneer Trail. Vice Chair Fyten asked Rojas to review the staff report. Rojas stated staff recommendation is for approval based on pages 3 and 4 of the staff report. Vice Chair Fyten opened the meeting up for public input. Paul Shunacker, is here on behalf of his parents who live at 9450 Lakeland Terrace. He stated they have two lots. They are concerned about privacy along the LRT line. They are requesting the project proponent put up arbor along the LRT side. Mr. Shunacker said his parents would like to see spruce or pine along the lot lines. They would also like to see the creek protected. Mr. Carlson said he would be happy to do those things and would like to put 10 inch trees up if possible,versus 3 inch trees. Rojas said these items would be on the revised final plans prior to going to the City Council. She pointed out the creek is a dedicated outlot to the City. Mr. Carlson introduced Randy, his engineer on site. Mr. Carlson utilized the overhead projector to show where each of the waivers would be located. Randy said the lot depth is less than 150 feet from the road. In some areas, we do not even have that, and that is the reason for the setback. There is a corner lot that is less than 90 feet, and that is the result of the City requesting an extra right-a- way. The cul-de-sac length is due to the access road. Lee asked, in regards to the cul-de-sac, could we change this into a long horse shoe and come out unto Pioneer Trail and then we would not need a cul-de-sac. Rue said that due to the site lines and topography in the area, it would be too expensive to have another road and that is when we allowed them to have an extra-long cul-de-sac. We would like this connection constructed at a later date and those details are in the staff report. Lechelt asked Lee what he was concerned with in regards to the waivers. Lee said he has a concern with the third request, the 30 to 25 feet. Wuttke asked if this would be an average for all of the lots. Mr. Carlson explained this property November 26, 2012 Page 3 is a narrow piece of land and they thought the 25 feet should be consistent throughout the whole property. Wuttke asked what was staff's idea about using Abre Court for a western cut through for traffic, and would there be any concern with this. Rue said there is not a lot of concern with cut through traffic and pointed out they are providing emergency access through Crestview Terrace. Kirk pointed out by the time the Crestview cut through is done, Pioneer Trail will be re-developed and stated he believes emergency access is important. Vice Chair Fyten asked Kirk if he was comfortable with the 25 foot setback. Kirk said he was comfortable with this setback. Charlie Stone, 9430 Riley Lake Road, in the Stone Gate Development, asked the developer if this project was going to be done in one phase and if there will be a holding pond. And if there will be a holding pond will there be a fountain in the holding pond. He stated he is president of the Stone Gate Development Association and asked about a tenant who built a retaining wall inside an easement. They notified the City and the City did not do anything. If this would happen again,would the City do anything? Also, in regards to the traffic study, he stated they have a lot of traffic parking in the area around the 4t'of July. Mr. Carlson addressed Mr. Stone's questions and said, in regards to the fountain at Stone Gate, the neighbors down the way were complaining because they were paying for it to run and they could not see it. Because of the complaining they will not be putting up a fountain in this construction. In regards to the retaining wall, the City was out many times to try and work something out with the resident. He said he was not sure what the resolve was with the City. In regards to the trailer parking, there is a parking lot at Lake Riley for this. Fox stated in regards to Riley Park, there are 15 spots dedicated for trailer parking. We only regulate that there be no parking along Riley Lake Road. In regards to parking on Pioneer Trail, certain segments are available for parking, but that is up to the county in regulating this. Judy McKloskey, of 18776 Pines Way, said she is glad that the road across from Crestwood Terrace is not going to go through at this time. She said she is relieved and that is why she is here tonight. MOTION by Kirk, seconded by Wuttke, to close the public hearing. Motion carried 5-0. MOTION by Kirk, seconded by Wuttke, to recommend approval of the Planned Unit Development concept Review on 13.4 acres, Planned Unit Development District Review with waivers on 13.4 acres, Zoning District November 26, 20l 2 Page 4 Change from Rural to R1-9.5 on 13.4 acres, Preliminary Plat of 13.4 acres into 28 lots, 2 outlots and road right of way based on plans stamped dated November 19, 2012 and the staff report dated November 21, 2012. Motion carried 5-0. VII. PLANNERS' REPORT Rojas said the next Planning Commission meeting is scheduled for December 10th Currently there are no public hearings scheduled. VIII. MEMBERS' REPORT A. CITIZEN ADVISORY COMMITTEE—LIGHT RAIL IX. CONTINUING BUSINESS X. NEW BUSINESS Wuttke asked, in regards to parking boats or trailers, could the city put signage around areas to keep spaces available for the residents in their area. Rue said it is a balance as to what the neighborhood wants. He stated signs can be put up, but they are not selective, meaning if a no-parking sign is up, the residents cannot park their either. XI. ADJOURNMENT MOTION by Wuttke, seconded by Lechelt, to adjourn the meeting. Motion carried 5-0. There being no further business, the meeting was adjourned at 8:05 p.m. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims December 4, 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 222777—223020 Electronic Payments 1002101 1002187 Wire Transfers 4606 - 4612 City of Eden Prairie Council Check Summary 12/4/2012 Division Amount Division Amount 805,225 803 Escrow Fund 3,728 100 City Manager 383 807 Benefits Fund 506,127 102 Legal Counsel 35,795 809 Investment Fund 1,223 110 City Clerk 72 810 Workers Comp Insurance 125,173 111 Customer Service 1,422 811 Property Insurance 111,317 113 Communications 12,661 812 Fleet Internal Service 53,339 114 Benefits&Training 15,483 813 IT Internal Service 10,969 130 Assessing 91 814 Facilities Capital ISF 8,060 132 Housing and Community Services 130 815 Facilites Operating ISF 33,870 136 Public Safety Communications 767 816 Facilites City Center ISF 77,896 137 Economic Development 106 817 Facilites Comm.Center ISF 73,359 151 Park Maintenance 18,494 Total Internal Services Funds 1,005,062 153 Organized Athletics 778 154 Community Center 6,832 Report Total 3,270,445 156 Youth Programs 6,584 158 Senior Center 2,415 159 Recreation Administration 272 162 Arts 200 163 Outdoor Center 45 167 CC-Youth Programs 679 180 Police 11,968 184 Fire 4,980 186 Inspections 346 200 Engineering 250 201 Street Maintenance 37,346 202 Street Lighting 70,320 Total General Funds 1,033,645 301 CDBG 64,067 303 Cemetary Operation 935 308 E-911 73 309 DWI Forfeiture 129 Total Special Revenue Funds 65,204 436 2009C G.O.CIP Refunding Bonds 400 Total Debt Service Funds 400 315 Economic Development 6,479 502 Park Development 15,620 509 CIP Fund -13,646 512 CIP Trails 1,090 513 CIP Pavement Management 37,145 528 Shady Oak Rd-CR 61 North 1,415 Total Capital Project Funds 48,103 601 Prairie Village Liquor 117,455 602 Den Road Liquor 190,261 603 Prairie View Liquor 137,762 605 Den Road Building 1,982 701 Water Fund 179,150 702 Sewer Fund 389,033 703 Storm Drainage Fund 102,388 Total Enterprise Funds 1,118,032 City of Eden Prairie Council Check Register 12/4/2012 Check# Amount Vendor/Explanation Account Description Business Unit Explanation 222857 733,095 ODESA II LLC Improvements to Land Capital Impr/Maint Fixed Round Lake Park Reconstruction Project 222967 314,449 METROPOLITAN COUNCIL ENVIRONME MCES User Fee Sewer Utility-General Monthly MCES Fee 222944 307,663 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits Medical/Dental Premium 222961 218,133 LEAGUE MN CITIES INS TRUST Insurance Property Insurance CMC;Workers Comp Insurance Premiums 4610 198,317 CERIDIAN State Taxes Withheld Health and Benefits Taxes Withheld 222875 173,404 SM HENTGES&SONS INC Improvement Contracts Sewer Capital Joseph Curve Area Draintile Project 4606 122,869 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund Sales&Use Tax 223020 119,195 XCEL ENERGY Electric Traffic Signals Monthly Utility 222902 99,015 XCEL ENERGY Electric City Hall-CAM 222958 40,865 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 222830 32,806 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 222819 31,268 GMH ASPHALT CORPORATION Asphalt Overlay Street Maintenance 222893 29,676 VR BUILDERS Other Contracted Services Rehab 1002186 25,051 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating 222995 24,817 SOUTHERN WINE&SPIRITS OF MN Transportation Prairie View Liquor Store 222898 22,618 WIRTZ BEVERAGE MINNESOTA Transportation Prairie View Liquor Store 222907 22,400 ADVANCED ENGINEERING&ENVIRON Process Control Services Water Treatment Plant 1002148 22,199 DIVERSE BUILDING MAINTENANCE Janitor Service Den Bldg.-CAM 4612 21,974 ING Deferred Compensation General Fund 222975 21,092 NORTHERN AIR CORPORATION Contract Svcs-HVAC Fitness/Conference-Cmty Ctr 222876 20,984 SOUTHERN WINE&SPIRITS OF MN Wine Imported Prairie Village Liquor Store 1002155 20,785 GREGERSON ROSOW JOHNSON&NILA Legal Legal Council 222906 20,712 ABM JANITORIALSERVICES-NORTH C Janitor Service City Hall-CAM 223017 20,493 WIRTZ BEVERAGE MINNESOTA Wine Domestic Den Road Liquor Store 222836 18,358 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 222827 17,944 J&D WINDOW CLEANING Janitor Service-General Bldg Fitness/Conference-Cmty Ctr 222916 17,625 BONNER&BORHART LLP Legal Legal Criminal Prosecution 222985 16,604 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 4611 15,980 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 1002178 15,664 THORPE DISTRIBUTING Beer Den Road Liquor Store 222805 15,620 CUSTOM BUILDERS INC Improvements to Land Capital Impr/Maint Fixed 223018 15,403 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 222799 15,031 CNA CONSULTING ENGINEERS Design&Engineering Storm Drainage 222899 14,964 WIRTZ BEVERAGE MINNESOTA BEER Misc Taxable Prairie View Liquor Store 223007 13,875 TRUSIGHT Other Contracted Services Organizational Services 1002128 13,422 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Hall-CAM 222955 12,740 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 222986 12,468 PRAIRIEVIEW RETAIL LLC Utilities Prairie View Liquor Store 222999 12,348 STONEFIELD HOMES INC Other Contracted Services Rehab 222982 11,692 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 1002184 11,607 WENCK ASSOCIATES INC Other Contracted Services Storm Drainage 1002158 11,453 INTEGRITY REMODELING&DESIGN Capital Under$25,000 Fitness Center 1002122 10,814 MCQUAY INTERNATIONAL Contract Svcs-HVAC City Hall-CAM 1002147 10,674 DAY DISTRIBUTING Beer Prairie View Liquor Store 1002146 10,431 DAKOTA SUPPLY GROUP INC Merchandise for Resale Water Metering 222867 10,114 PROGRESSIVE CONSULTING ENGINEE Other Contracted Services Water Treatment Plant 222864 9,367 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 222828 8,701 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 222782 8,284 AMERICAN WATER WORKS ASSOCIATI Prepaid Expenses Water Enterprise Fund Check# Amount Vendor/Explanation Account Description Business Unit Explanation 222894 8,264 WENZEL HEATING&AC Other Contracted Services Rehab 1002107 7,209 DAY DISTRIBUTING Misc Taxable Prairie View Liquor Store 222913 7,096 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 222837 6,584 LEGACY GYMNASTICS Instructor Service Camps 222822 6,568 GRAYMONT Treatment Chemicals Water Treatment Plant 222795 6,500 BRIM NORTHWESTERN GLASS COMPAN Other Contracted Services Rehab 222989 6,305 RAY N WELTER HEATING Other Contracted Services Rehab 222996 6,196 SOUTHWEST SUBURBAN PUBLISHING- Advertising Prairie Village Liquor Store 1002156 6,160 HAWKINS INC Treatment Chemicals Water Treatment Plant 1002110 6,123 DORSEY&WHITNEY LLP Other Contracted Services Project Fund 1002172 6,000 RIGHTLINE DESIGN LLC Other Contracted Services Communications 1002177 4,765 STREICHERS Clothing&Uniforms Police 1002185 4,700 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Operating 1002133 4,684 THORPE DISTRIBUTING Beer Den Road Liquor Store 222981 4,400 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 1002135 3,964 VAN PAPER COMPANY Cleaning Supplies City Hall-CAM 1002103 3,853 ASPEN WASTE SYSTEMS INC. Waste Disposal Fitness/Conference-Cmty Ctr 1002187 3,848 ZIEGLER INC Other Rentals Park Maintenance 222874 3,721 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Sewer System Maintenance 222945 3,629 HENNEPIN COUNTY ACCOUNTS RECEI Board of Prisoner Police 222863 3,571 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 222942 3,313 GRAYMONT Treatment Chemicals Water Treatment Plant 1002145 3,287 BELLBOY CORPORATION Transportation Prairie View Liquor Store 222881 3,277 STONEBROOKE Equipment Parts Fleet Operating 222895 3,103 WILSONS NURSERY INC Landscape Materials/Supp Reforestation 222826 3,075 HOHENSTEINS INC Beer Prairie View Liquor Store 1002105 2,940 CERIDIAN Ceridian IT Operating 222849 2,916 MINNESOTA RESTAURANT&COMMERC Equipment Repair&Maint Den Road Liquor Store 223010 2,810 VERIZON WIRELESS Wireless Subscription IT Operating 223015 2,787 WINE MERCHANTS INC Transportation Den Road Liquor Store 1002104 2,626 BELLBOY CORPORATION Transportation Prairie View Liquor Store 1002164 2,543 MCQUAY INTERNATIONAL Contract Svcs-HVAC City Hall-CAM 223016 2,493 WINTER EQUIPMENT COMPANY Small Tools Fleet Operating 1002152 2,477 G&K SERVICES Clothing&Uniforms Prairie Village Liquor Store 222861 2,377 PARS INTERNATIONAL Printing Communications 222850 2,354 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake 1002137 2,236 VINOCOPIA Transportation Prairie View Liquor Store 222879 2,150 STANTEC PLANNING/LANDSCAPE ARC Improvements to Land Park Acquisition&Dev Fixed A 1002127 2,112 O'REILLY AUTOMOTIVE INC Equipment Parts Fleet Operating 222860 1,981 PARK SUPPLY OF AMERICA INC Supplies-HVAC City Hall-CAM 222840 1,975 MAVO SYSTEMS Building Repair&Maint. Utility Operations-General 222908 1,813 ALTERNATIVE BUSINESS FURNITURE Capital Under$25,000 FF&E-Fum,Fixtures&Equip. 1002114 1,791 GRAINGER Supplies-Plumbing Fitness/Conference-Cmty Ctr 222810 1,790 ECM-SPECIALTY PUBS Advertising Prairie Village Liquor Store 222965 1,710 MEDICINE LAKE TOURS Special Event Fees Trips 222911 1,698 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage 222897 1,693 WINE MERCHANTS INC Transportation Prairie View Liquor Store 222784 1,673 ARENA SERVICES AND PRODUCTS Contract Svcs-Ice Rink Ice Arena Maintenance 222984 1,571 POWERPLAN OIB Equipment Repair&Maint Storm Drainage 222997 1,520 STANTEC PLANNING/LANDSCAPE ARC Improvements to Land Park Acquisition&Dev Fixed A 222800 1,470 COMMERCIAL OFFICE INTERIORS Capital Under$25,000 FF&E-Furn,Fixtures&Equip. 1002161 1,425 LYNDALE PLANT SERVICES Contract Svcs-Garden Rm/Caf. City Hall-CAM 222834 1,372 LAERDAL MEDICAL CORPORATION Training Supplies Fire Check# Amount Vendor/Explanation Account Description Business Unit Explanation 222892 1,372 USA MOBILITY WIRELESS INC Pager&Cell Phone IT Operating 222890 1,370 US BANK Other Contracted Services Health and Benefits 223014 1,367 WINE COMPANY,THE Transportation Prairie View Liquor Store 1002160 1,366 LITTLE FALLS MACHINE INC Equipment Parts Fleet Operating 1002102 1,355 A-SCAPE INC Contract Svcs-Lawn Maint Fire Station#4 222856 1,332 NOVAK STUMP REMOVAL Other Contracted Services Tree Removal 1002123 1,258 METRO SALES INCORPORATED* Other Rentals IT Operating 222813 1,250 ESHOO,JOSEPH Deposits Escrow 223002 1,240 SURLY BREWING CO Beer Prairie View Liquor Store 222855 1,236 NORTHERN AIR CORPORATION Contract Svcs-HVAC 3rd Sheet of Ice 222925 1,216 COMMERCIAL ASPHALT CO Repair&Maint.Supplies Storm Drainage 222825 1,090 HIGHWAY TECHNOLOGIES INC Improvement Contracts CIP Trails 222977 1,005 NORTHSTAR MUDJACKING SPECIALIS Mudjacking Curbs Drainage 222950 995 HOHENSTEINS INC Beer Prairie View Liquor Store 1002181 989 VAN PAPER COMPANY C H Robinson-Cleaning Suppli City Hall-Direct Costs 4609 958 CERIDIAN Garnishment Withheld General Fund 222870 953 RIVERS EDGE CONCRETE Repair&Maint.Supplies Storm Drainage 222991 939 RIVERS EDGE CONCRETE Asphalt Overlay Street Maintenance 222882 932 SURLY BREWING CO Beer Prairie View Liquor Store 1002175 931 SRF CONSULTING GROUP INC Design&Engineering Storm Drainage 1002153 920 GOOD,JAMIE Tuition Reimbursement/School Organizational Services 222929 914 DELEGARD TOOL CO Small Tools Fleet Operating 222992 908 ROAD MACHINERY&SUPPLIES CO Equipment Repair&Maint Capital Maint.&Reinvestment 223019 908 WORK CONNECTION,THE Other Contracted Services Park Maintenance 222807 900 DIETHELM,TAMMY L Other Contracted Services Pleasant Hill Cemetery 223000 893 STRAND MANUFACTURING CO INC Equipment Repair&Maint Water Treatment Plant 1002165 884 MINNESOTA ATHLETIC APPAREL Clothing&Uniforms Fire 222930 862 DOMACE VINO Transportation Den Road Liquor Store 222854 862 NORTH CENTRAL LABORATORIES Process Control Equipment Water Treatment Plant 222880 846 STAPLES ADVANTAGE Office Supplies Police 222809 838 DOMACE VINO Transportation Prairie Village Liquor Store 222900 836 WORK CONNECTION,THE Other Contracted Services Park Maintenance 222971 825 MINNESOTA ELEVATOR INC Contract Svcs-Elevator Public Works/Parks 1002154 816 GRAINGER Supplies-HVAC City Hall-CAM 222845 811 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store 1002125 787 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 222843 785 METROPOLITAN AIRPORTS COMMISSI Deposits Escrow 222858 774 OENO'S DISTRIBUTION Wine Domestic Prairie Village Liquor Store 4607 772 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 223011 748 WATSON CO INC,THE Merchandise for Resale Concessions 222833 746 KEEPERS Clothing&Uniforms Reserves 222842 725 METRO ATHLETIC SUPPLY Awards Softball 222994 721 SIERRA CORPORATION Equipment Parts Fleet Operating 222838 711 LIGHTNING PRINTING INC Printing Communications 222859 710 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Street Maintenance 222896 706 WINE COMPANY,THE Transportation Den Road Liquor Store 222957 685 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant 222910 680 AQUA ENGINEERING INC Grounds Maintenance Utility Operations-General 1002119 679 KIDS TEAM TENNIS LLC Instructor Service CC-Tennis 222951 677 HOME DEPOT CREDIT SERVICES Supplies-Electrical Prairie View Liquor Store 222801 672 COMMERCIAL STEAM TEAM Other Contracted Services Den Road Liquor Store 222952 660 HOPE HAVEN INC Building Materials Street Maintenance 222959 634 KEEPERS Clothing&Uniforms Fire Check# Amount Vendor/Explanation Account Description Business Unit Explanation 222887 625 TRUSIGHT Conference Expense IT Operating 223001 622 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 1002183 610 WALL TRENDS INC Contract Svcs-General Bldg Cummins Grill House 222869 602 RETROFIT RECYCLING INC Supplies-Electrical Fitness/Conference-Cmty Ctr 222789 556 BERNICK'S WINE Beer Prairie View Liquor Store 1002144 555 A-SCAPE INC Contract Svcs-Lawn Maint. Den Bldg.-CAM 222917 548 BOURGET IMPORTS Transportation Prairie View Liquor Store 222883 543 THE OASIS GROUP Employee Assistance Organizational Services 222962 540 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 222946 534 HENNEPIN COUNTY I/T DEPT Software Maintenance IT Operating 222970 531 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 222964 531 MATSON,TOM Small Tools Fleet Operating 222802 531 CRETEX CONCRETE PRODUCTS MIDWE Repair&Maint.Supplies Storm Drainage 1002108 529 DE LAGE LANDEN FINANCIAL SERVI Other Rentals IT Operating 222778 500 STEARNS COUNTY SHERIFF'S DEPAR Deposits Escrow 222824 500 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 222980 499 OXYGEN SERVICE COMPANY Operating Supplies Fire 222792 477 BLOOMINGTON,CITY OF Kennel Services Animal Control 222877 467 SPEEDPRO IMAGING INC Operating Supplies Ice Rink#1 222791 452 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs-Security Outdoor Center Facilities 222818 449 GE CAPITAL Other Rentals IT Operating 1002182 445 VINOCOPIA Transportation Prairie View Liquor Store 1002143 444 AMERITRAK Other Contracted Services Snow&Ice Control 222953 430 HYDRO-VAC INC Equipment Repair&Maint Storm Drainage 222935 428 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 222872 427 SGC HORIZON LLC Legal Notices Publishing Water Capital 1002109 426 DIVERSE BUILDING MAINTENANCE Janitor Service Den Bldg.-CAM 1002142 425 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Fitness/Conference-Cmty Ctr 1002115 414 GREATAMERICA FINANCIAL SVCS Postage Customer Service 223005 407 TRUCK BODIES&EQUIP INTL INC Equipment Parts Fleet Operating 222915 404 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 1002163 401 MATHESON TRI-GAS INC Equipment Parts Fleet Operating 223013 400 WELLS FARGO BANK MINNESOTA NA Paying Agent 2009C G.O.CIP Refunding Bonds 222844 399 MIDWEST ASPHALT CORPORATION Waste Blacktop/Concrete Street Maintenance 222788 397 BEARPATH GOLF AND COUNTRY CLUB Deposits Escrow 222931 389 EDEN PRAIRIE MALL LLC Building Rental Police 222936 388 FORKLIFTS OF MINNESOTA INC Machinery&Equipment Utility Operations-General 222937 383 GARDEN ROOM FRATELLI'S GARDEN Operating Supplies Internal Events 222938 376 GE CAPITAL Other Rentals IT Operating 222794 373 BOURGET IMPORTS Transportation Prairie View Liquor Store 222852 360 MUNICIPAL EMERGENCY SERVICES Protective Clothing Fire 222928 359 DEALER AUTOMOTIVE SERVICES INC Equipment Parts Fleet Operating 222797 348 CENTURYLINK Telephone IT Telephone 222853 346 NOKOMIS SHOE SHOP Clothing&Uniforms Inspections-Administration 222903 333 HANSEN,RON Deposits Escrow 222933 328 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 223004 323 TOPPERSCOT LLC Transportation Prairie View Liquor Store 222783 322 AMERIPRIDE LINEN&APPAREL SER Operating Supplies-General Prairie Village Liquor Store 222871 320 ROOT 0 MATIC Equipment Repair&Maint Sewer System Maintenance 1002130 320 SCHARBER&SONS Equipment Parts Fleet Operating 222918 312 BROADWAY AWARDS Clothing&Uniforms Police 222866 311 POWERPLAN OIB Equipment Repair&Maint Park Maintenance 222821 307 GRAPE BEGINNINGS Transportation Prairie View Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 223009 305 US HEALTH WORKS MEDICAL GRP MN Health&Fitness Fire 222987 303 PREMIUM WATERS INC Operating Supplies Fire 1002170 300 PRAIRIE ELECTRIC COMPANY Equipment Repair&Maint Sewer Liftstation 222978 287 NOVAK STUMP REMOVAL Other Contracted Services Tree Removal 1002171 284 PROSOURCE SUPPLY Cleaning Supplies Fitness/Conference-Cmty Ctr 1002126 280 NEW WORLD SYSTEMS Other Contracted Services CIP-Bonds 1002111 277 FASTENAL COMPANY Equipment Parts Fleet Operating 222927 273 CRETEX SPECIALTY PRODUCTS Equipment Parts Storm Drainage 222948 260 HIGHWAY TECHNOLOGIES INC Operating Supplies Traffic Signs 1002149 256 DMX MUSIC Other Contracted Services Prairie Village Liquor Store 1002101 256 AMARA WINES LLC Transportation Den Road Liquor Store 222889 250 UNIVERSITY OF MINNESOTA Prepaid Expenses Water Enterprise Fund 222979 250 OSOWSKI,ANDREW Building Materials Park Maintenance 222790 249 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 222974 246 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment Plant 222777 240 HAMLINE UNIVERSITY Conference Expense Recreation Admin 222904 239 US POSTMASTER Postage Senior Center Admin 1002139 236 WSB&ASSOCIATES INC Improvement Contracts Improvement Projects 2006 222841 234 MENARDS Repair&Maint.Supplies Utility Operations-General 1002169 233 POMP'S TIRE SERVICE INC Equipment Repair&Maint Fleet Operating 222905 232 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 222947 230 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 1002131 222 STREICHERS Training Supplies Police 222943 221 HAINES,BRYAN AR Utility Water Enterprise Fund 1002106 210 CONNEY SAFETY PRODUCTS Office Supplies Customer Service 1002116 205 HD SUPPLY FACILITIES MAINTENAN Supplies-Electrical City Hall-CAM 222966 204 MENARDS Small Tools Facilities Staff 222832 200 KARULF,DEBORAH KAY Other Contracted Services Theatre Initiative 222990 200 REED,MARY Refunds Environmental Education 222922 198 CLAREY'S SAFETY EQUIPMENT Safety Supplies Sewer System Maintenance 222988 197 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 222811 196 EDEN PRAIRIE COMMUNITY EDUCATI Instructor Service Senior Center Programs 222921 195 CHISAGO LAKES DISTRIBUTING Beer Den Road Liquor Store 1002162 192 MARGRON SKOGLUND WINE IMPORTS, Transportation Prairie View Liquor Store 222993 187 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie Village Liquor Store 222865 183 PINNACLE DISTRIBUTING Misc Taxable Prairie Village Liquor Store 222878 180 SPORTS WORLD USA INC Clothing&Uniforms Ice Rink#3 222940 176 GET WIRELESS LLC Equipment Repair&Maint Public Safety Communications 222803 176 CRETEX SPECIALTY PRODUCTS Repair&Maint.Supplies Sewer System Maintenance 222862 175 PATTISON,EILEEN Deposits-P&R Refunds Community Center Admin 222835 173 LANO EQUIPMENT INC Equipment Repair&Maint Fleet Operating 222839 172 MATSON,TOM Small Tools Fleet Operating 222817 172 GAYNOR,CARMELLA Deposits-P&R Refunds Community Center Admin 222960 171 KRAEMERS HARDWARE INC Repair&Maint.Supplies Water Metering 222909 167 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 1002173 160 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Operating 222779 154 4 EVER EXERCISE EQUIPMENT REPA Equipment Repair&Maint Police 222787 150 BCA/CRIMINAL JUSTICE TRAINING Tuition Reimbursement/School Police 222884 150 THOM,JOHN Instructor Service Water Treatment Plant 1002180 150 USA SECURITY Maintenance Contracts Water Treatment Plant 1002138 150 WICHTERMAN'S LTD Equipment Repair&Maint Fleet Operating 222831 149 KAISER,DAVID S Contract Svcs-General Bldg Den Road Liquor Store 222891 145 US HEALTH WORKS MEDICAL GRP MN Employment Support Test Organizational Services Check# Amount Vendor/Explanation Account Description Business Unit Explanation 1002121 144 LUBRICATION TECHNOLOGIES INC Equipment Parts Fleet Operating 222796 144 BRO-TEX INC Repair&Maint.Supplies Utility Operations-General 222846 143 MINNESOTA CONWAY Operating Supplies Fire 222998 134 STAPLES ADVANTAGE Operating Supplies Elections 222798 129 CMI INC Miscellaneous DWI Forfeiture 222963 128 MANKATO BREWERY Beer Den Road Liquor Store 222934 128 FERNHOLZ,DEREK AR Utility Water Enterprise Fund 222954 125 ISFSI Dues&Subscriptions Fire 222793 123 BOMA MINNEAPOLIS Conference Expense Facilities Staff 222901 122 WORLD WIDE CELLARS INC Transportation Prairie View Liquor Store 222868 116 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 222956 114 JOHN DEERE LANDSCAPES/LESCO Operating Supplies Park Maintenance 1002168 111 NUCO2 INC Supplies-Pool Pool Maintenance 1002118 108 JASON'S DELI Operating Supplies Reserves 222785 108 AT&T MOBILITY Pager&Cell Phone Water System Maintenance 1002159 106 LINDAHL,DAVID Mileage&Parking Economic Development 222851 104 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 1002113 104 GINA MARIAS INC Operating Supplies Police 222969 103 MIDWEST ASPHALT CORPORATION Waste Blacktop/Concrete Street Maintenance 1002134 102 TRI COUNTY BEVERAGE&SUPPLY Misc Non-Taxable Den Road Liquor Store 222976 101 NORTHLAND CHEMICAL CORP Equipment Parts Fleet Operating 222920 100 CARRANE,WILLIAM&BARBARA Refunds Environmental Education 222941 100 GORDON,MIKE Refunds Environmental Education 222804 98 CUB FOODS EDEN PRAIRIE Operating Supplies Police 222781 98 ABSOLUTE RAIN INC. Contract Svcs-Lawn Maint. Fire Station#1 222808 96 DIRECTV Cable TV Community Center Admin 1002117 93 JANEX INC Supplies-General Bldg City Hall-CAM 222823 91 HALDEMANN HOMME INC Printing Assessing 1002124 90 METROPOLITAN FORD Equipment Parts Fleet Operating 222939 87 GENERAL PARTS Supplies-Garden Rm/Cafeteria City Hall-CAM 223006 85 TRUE FABRICATIONS Misc Taxable Den Road Liquor Store 223003 82 TLO LLC Other Contracted Services Police 1002174 80 SHRED-IT USA MINNEAPOLIS Waste Disposal City Center Operations 223008 80 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 1002166 79 MOTOROLA Equipment Repair&Maint Public Safety Communications 1002176 79 STANLEY SECURITY SOLUTIONS INC Supplies-Security Cummins Grill House 222815 75 FIRE SAFETY USA INC Protective Clothing Fire 222820 75 GRAEBEL RELOCATION AR Utility Water Enterprise Fund 222888 68 TWIN CITY MONUMENT CO Landscape Materials/Supp Park Maintenance 1002120 66 KUSSMAUL ELECTRONICS CO INC Equipment Parts Fleet Operating 1002132 66 TESSCO INC Equipment Repair&Maint Public Safety Communications 1002179 65 UPS Postage Water System Maintenance 1002112 64 FERRELLGAS Equipment Parts Fleet Operating 222886 63 TRUE FABRICATIONS Transportation Den Road Liquor Store 1002136 54 VERLEY,VALERIE Mileage&Parking Athletic Programs Admin 222932 54 EDEN PRAIRIE WINLECTRIC Building Repair&Maint. Park Maintenance 223012 53 WAYTEK INC Equipment Parts Fleet Operating 222847 50 MINNESOTA DEPARTMENT OF HEALTH Licenses,Permits,Taxes Water Wells 222885 50 TRI-COUNTY LAW ENFORCEMENT ASS Dues&Subscriptions Police 222949 49 HOFFMAN,TOM Refunds Environmental Education 222806 46 DELEGARD TOOL CO Equipment Parts Fleet Operating 222968 45 MID AMERICA FESTIVALS Deposits Escrow 1002140 40 YAHOO! Other Contracted Services Police Check# Amount Vendor/Explanation Account Description Business Unit Explanation 222914 36 BERRY COFFEE COMPANY Operating Supplies Elections 222973 36 MIRACLE RECREATION EQUIPMENT C Equipment Repair&Maint Park Maintenance 1002151 36 FASTENAL COMPANY Repair&Maint.Supplies Water System Maintenance 222873 34 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 222812 32 EDEN PRAIRIE NEWS Dues&Subscriptions Recreation Admin 222814 30 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 222786 30 BATTERIES PLUS Operating Supplies Prairie Village Liquor Store 1002129 29 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Operating 222926 29 COPES,JANE SNELL Instructor Service Outdoor Center 222780 28 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1002157 22 HD SUPPLY FACILITIES MAINTENAN Supplies-Plumbing City Hall-CAM 222912 20 BATTERIES PLUS Operating Supplies Engineering 222919 20 CARPENTER,PATRICIA Deposits-P&R Refunds Community Center Admin 222816 14 FISERV INC Bank and Service Charges Water Accounting 222923 13 COMCAST Cable TV Fire 1002150 11 FAGNANT,SUSAN Operating Supplies Outdoor Center 1002141 10 A TO Z RENTAL CENTER Operating Supplies Street Maintenance 222848 10 MINNESOTA DEPT OF PUBLIC SAFET Operating Supplies Trips 222983 10 PORTER,PHYLLIS Deposits-P&R Refunds Community Center Admin 222972 9 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods 222829 8 JOHN DEERE LANDSCAPES/LESCO Repair&Maint.Supplies Park Maintenance 1002167 5 NELSON,SCOTT R Operating Supplies Outdoor Center 222924 2 COMCAST Other Contracted Services Police 3,270,445 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Ordinances &Resolutions December 4, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XI.A. Office of the City Manager/ Fee Schedule Ordinance 2nd Reading Finance, Sue Kotchevar Requested Action Move to: Approve 2nd Reading of the Ordinance Updating the Fee Schedule for Administration of Official Controls and adopt Resolution approving Summary publication. Synopsis This Ordinance establishes a fee schedule for the City's costs in administering Official Controls pursuant to Minnesota Statutes Section 462.353, Subd. 4. Background Information The first reading of this ordinance was approved at the December 4, 2012, Council meeting. 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. Attachments Ordinance Summary Ordinance Resolution Approving Summary CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2012 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REVISING THE TITLE PAGE OF CHAPTER 25 AND ESTABLISHING A FEE PRESCRIBED FOR REVIEW, INVESTIGATION AND ADMINISTRATION OF AN APPLICATION FOR AN OFFICIAL CONTROL PURSUANT TO MINN. STAT. § 462.351 TO 462.364, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Chapter 25 is amended by replacing in its entirely the "Fee Schedule for Administration of Official Controls" with the 2013 fee schedule set forth below. The following fees are prescribed for the review, investigation and administration of an application for an amendment to an official control established pursuant to Minnesota Statute Sections 462.351 to 462.364 or an application for a permit or other approval required under an official control established pursuant to those sections: SERVICE FEE DESCRIPTION BUILDING INSPECTIONS Building Permit-Valuation $1 to $500 $35.00 $501 to $2,000 $35.00 1st $500 plus $4.10 each add'l $100 or fraction thereof, to & including $2,000 $2,001 to $25,000 $96.50 1st $2,000 plus $18.65 each add'l $1,000 or fraction thereof, to & including $25,000 $25,001 to $50,000 $525.45 1st $25,000 plus $13.70 each add'l $1,000 or fraction thereof, to & including $50,000 $50,001 to $100,000 $867.95 1st $50,000 plus $9.50 each add'l $1,000 or fraction thereof, to & including $100,000 $100,001 to $500,000 $1,342.95 1st $100,000 plus $7.65 each add'l $1,000 or fraction thereof, to & including $500,000 $500,001 to $1,000,000 $4,402.95 1st $500,000 plus $6.30 each add'l $1,000 or fraction thereof, to & including $1,000,000 $1,000,001 &up $7,552.95 1st $1,000,000 plus $5.10 each add'l $1,000 or fraction thereof Building Permit Other Inspections & Fees Plan checking 65% of the building permit fee Reinspection $50.00 Per hour Investigation Fee—work Equal to amount of permit started w/o a permit fee SERVICE FEE DESCRIPTION Demolishing or Razing $100.00 Buildings—Commercial Building Demolishing of Razing $35.00 Buildings - House Demolishing or Razing $35.00 Buildings - Garage Demolishing or Razing $35.00 Buildings —Accessory Building Demolishing or Razing $35.00 Buildings - Interior Demo Demolishing or Razing $35.00 Buildings—Exterior Demo Cash Park Fee Single Family Unit $6,500.00 Per unit All other residential $5,500.00 Per unit Office, Commercial, $11,500.00 Per acre Industrial DEVELOPMENT Community Development Deposit 0 to 40 Acres $4,100.00 A development deposit agreement is required for planned unit developments, planned unit development amendments, rezoning,platting, site plan review, guide plan changes and environmental assessment worksheets 41 to 80 acres $4,375.00 81+ acres $5,000.00 Guide Plan Charge $710.00 Plus $5.00 per acre Planned Unit $770.00 Plus $5.00 per acre Development(P.U.D) Fee Planned Unit $770.00 Plus $5.00 per acre Development Amendment Platting Residential-0 to 10 units $510.00 Plus $5.00 per unit Residential-11 or more $620.00 Plus $5.00 per unit Commercial, Industrial, $510.00 Plus $25.00 per acre Office, Public-0 to 3 acres Commercial, Industrial, $620.00 Plus $25.00 per acre Office, Public-3.1 or more acres Site Plan Review 2 SERVICE FEE DESCRIPTION Administrative $350.00 Site Plan Review(City Council) Multi-Family-0 to 10 $505.00 Plus $5.00 per unit units Multi-Family-11 or $610.00 Plus $5.00 per unit more units Commercial, Industrial, $505.00 Plus $25.00 per acre Office, Public-0 to 3 acres Commercial, Industrial, $610.00 Plus $25.00 per acre Office, Public-3.1 or more acres ZONING Commercial,Industrial, Office, Public 0-3 acres $510.00 Plus $25.00 per acre 3.1 or more acres $625.00 Plus $25.00 per acre Residential 0-10 units $510.00 Plus $5.00 per unit 11 or more units $625.00 Plus $5.00 per unit Shoreland Management Ordinance Permits Temporary structure in $95.00 public waters Change in structure in $95.00 public waters Multiple dock or dock $95.00 excess of 75' Zoning Amendment and Zoning Appeal Zoning amendment $280.00 Appeal to Board of Adjustments and Appeals Variances Residential $375.00 Includes residential zoned properties for new construction, building additions, decks,porches, garages, accessory structures and variances from all chapters of the City Code Variances Other $610.00 Includes variances associated with properties zoned office, industrial, commercial and residential Variances Building or $250.00 Fire Code Appeal ZONING-TELECOMMUNICATIONS Commercial Wireless Communications towers and/or antennas Administrative $265.00 Towers and/or antennas meeting code located on private property Letter of Intent $2,100.00 Non-refundable Towers and/or antennas on City property Letter of Intent $1,100.00 Deposit for Additional funds may be required if the legal/consultant costs balance in the deposit account is inadequate to pay for all of the fees and costs incurred by the City 3 SERVICE FEE DESCRIPTION Variances required for See Development Fees tower and/or antennas Site Plan Review See Development Fees required for tower and/or antennas ENGINEERING Environmental $500.00 Plus $10.00/acre Assessment Worksheet (E.A.W.) Excavation & Grading—Grading Permit Fee/Plan Review Fee 101 to 500 cubic yards $100.00 501 to 1,000 cubic yard $250.00 1,001 to 10,000 cubic $500.00 yards 10,001 to 100,000 cubic $1,000.00 yards 100,001 or more $2,000.00 *The following fees are the total hourly cost to the jurisdiction. This cost shall include supervision, overhead, equipment, hourly wages, and fringe benefits of the employees involved. Reinspection fee $90.00* Minimum charge is one half hour, required by changes, additions or revisions to approve plans Additional plan review $90.00* Minimum charge is one half hour, fees required by changes, additions or revisions to approve plans Public Right-of Way or Easement Vacation Application Fee $350.00 Per transaction/for vacating the City's interest in real property, including right- of-way and easement's (for consultation, review, notice mailing, publication of notice and recording) Signs Up to 30 sq ft in size $75.00 31 sq ft through 50 sq ft $95.00 in size 51 sq ft through 80 sq ft $115.00 in size 81 sq ft or over $145.00 Charge for returning $15.00 picked up signs ** The surface of double or multi-forced signs shall be combined for the purpose of determining the amount of the fee. Engineering—Land Development Services For consultants,utility and street plans and specifications, general and final inspections of improvements and special assessment division. Final Plan Review, Contract Administration, and Inspection Review 4 SERVICE FEE DESCRIPTION 5%multiplied by the Not applicable to projects built by city total construction cost through special assessment. Cost include public infrastructure improvements (excluding grading costs), subject to approval by City Engineer payable prior to start-up. Final Plat Residential $65.00 Per unit/Minimum$350.00 plus cost of review by special assessment. Costs include public infrastructure improvements (excluding grading costs), subject to approval by City Engineer payable prior to start-up. Commercial, Industrial, $150.00 Per acre/Minimum $400.00 Office and Public Administrative Land $100.00 Division LGU Review Min. Payment is $160. $90.00 An hour Plus cost of review by special consultants necessary as determined by the City Manager. The deposit, or a portion thereof, will be refunded after final City Council action on the Development Application if the total sum deposited is greater than the administrative review cost or if no City Council action is required the deposit will be refunded after all site review and monitoring activities are complete. All costs incurred by the City or their consultant that exceed the cash deposit balance will be billed to the applicant. LGU Deposit-Plan Review An LGU deposit $4,000.00 agreement is required for wetland alteration, wetland replacement, 5 SERVICE FEE DESCRIPTION wetland restoration and/or wetland bank plan reviews LGU Deposit—Site Review Single Family $170.00 An LGU deposit agreement is required Residential for review of wetland delineations or wetland determinations on single family residential properties. Site Review or $1,250.00 An LGU deposit agreement is required Development Review for site review and/or wetland delineation review. Section 2. Ordinance No. 16-2011 is repealed effective January 1, 2012. Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" is hereby adopted in its entirety by reference, as though repeated verbatim herein. Section 4. This Ordinance shall become effective January 1, 2013 for calendar year 2013. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 4th day of December, 2012, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 4th day of December, 2012. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on December 13, 2012. 6 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2012- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO._-2012 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. _-2012 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 4th day of December, 2012. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNSEL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. _-2012 is lengthy and contains charts. B. The text of summary of Ordinance No. -2012, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance -2012 shall be recorded in the Ordinance Book, along with proof of publication, within twenty(20) days after said publication. ADOPTED by the City Council on December 4, 2012. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE -2012 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CHAPTER 25 BY ADOPTING THE 2013 "FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS", REPEALING ORDINANCE NO. 16-2011,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 WHICH,AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance amends Chapter 25 of the City Code by replacing in its entirety the "Fee Schedule for Administration of Official Controls" for the City's costs in administering Official Controls. As defined by Minnesota Statute, Official Controls may include zoning, subdivision controls, site plan regulations, sanitary codes,building codes and official maps. Effective Date: This Ordinance shall take effect January 1, 2013. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on December , 2012. (A full copy of the text of this Ordinance is available from City Clerk.) CITY COUNCIL AGENDA DATE: SECTION: Report of City Manager December 4, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.B.1. Rick Getschow, Office of the Resolution Certifying the 2013 Property Tax City Manager Levy,Adopting the 2013 Budget, and Consenting and Approving the 2013 HRA Tax Levy Requested Action Move to: • Adopt a resolution certifying the 2013 Property Tax levy to be $ 32,549,320 • Approve the 2013 Budget of$42,785,579 as reviewed by the Council • Consent and approve the HRA tax levy and budget of$200,000. Synopsis On September 4, 2012, the Eden Prairie City Council adopted a resolution certifying the proposed 2013 City budget and property tax levy. Calculations for the City showed the budget to be $42,785,579 and the certified levy to be $32,549,320 before fiscal disparities distribution. The net tax levy after fiscal disparities distribution of($1,676,800) is $30,872,520. The 2013 proposed budget on September 4, 2012 maintains City services with a budget increase of 2.5% in the general fund and a total budget increase of 3.2%which includes the capital levy and debt service payments. The tax levy is budgeted to increase .9% or$286,681. According to state statute, the final levy amount must be certified to the county auditor by December 28, 2012. City Council adoption of the final levy and budget will complete this process. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012- A RESOLUTION CERTIFYING THE 2013 TAX LEVY AND ADOPTING THE 2013 BUDGET WHEREAS,the City Council has reviewed the budget recommended by the City Manager,listened to public comment, and discussed the proposals and tax levy for the 2013 Budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Eden Prairie, County of Hennepin, Minnesota, that the following sums of money be levied upon the taxable property in said City for the following purposes: Taxes to be levied against tax capacity General Fund $29,428,326 Capital Improvements 89,894 Bonds and Interest 2005A Special Assessment Bond 109,000 2006B Building Bond 355,000 2008A Equipment Certificates 390,000 2009B Equipment Certificates 530,000 2009C Public Facility Bonds 316,000 2011B Equipment Certificates 96,100 Net tax capacity levy for certification $31,314,320 Less Fiscal Disparities distribution 1,676,800 Net tax collectible $29,637,520 Taxes to be levied against market value 2003C Refunding Open Space Bonds 200,000 2005C Park Bonds 213,302 2006A Park Bonds 821,698 Market value tax levy for certification $ 1,235,000 Total net tax collectible $30,872,520 Funds have been provided for principal and interest payments on all bond issues except as shown above, and no other levies are required(as shown in Exhibit 2). BE IT FURTHER RESOLVED that,with the conclusion of the Proposed Property Tax and Budget Hearing process, the City Council approves the 2013 Budget totaling $42,785,579. BE IT FURTHER RESOLVED that the council consents and approves the 2013 HRA tax levy of $200,000. ADOPTED by the Eden Prairie City Council this 4th day of December, 2012. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY OF EDEN PRAIRIE NOTICE OF ADJUSTMENT TO REQUIRED DEBT LEVIES LEVIED YEAR 2012,COLLECTED YEAR 2013 EXHIBIT 2 Debt levy amounts previously certified may be adjusted to the amounts shown below due to the availability of other repayment sources. Date of Amount of Required Levy Actual Levy OUTSTANDING DEBT WITH REQUIRED LEVY Issue Issue 2012/2013 2012/2013 G.O.Refunding Open Space Bonds 2003C 02/19/03 $1,145,000 $200,000 $200,000 G.O.Special Assessment Bonds 2005A 07/01/05 $2,390,000 $109,000 $109,000 G.O.Park Bonds 2005C 12/02/05 $4,920,000 $215,000 $213,302 G.O.Park Bonds 2006A 01/01/06 $8,425,000 $825,000 $821,698 G.O.Building Bonds 2006B 07/01/06 $4,290,000 $355,000 $355,000 G.O.Equipment Bonds 2008A 10/01/08 $3,120,000 $425,000 $390,000 G.O.Equipment Bonds 2009B 07/21/09 $2,455,000 $870,000 $530,000 G.O.Public Facility Revenue Bonds 2009C 11/01/09 $1,395,000 $320,000 $316,000 G.O.Equipment Bonds 2011B 01/01/11 $415,000 $100,000 $96,100 GRAND TOTAL $ 3,419,000 $3,031,100 EDEN PRAIRIE L VE WORK DREAM 2013 BUDGET Public Meeting December 4th , 201 frA \ I�„ urpose PL; b : fr ic % • Solicit public input on the City's proposed tax levy and budget for next year • Requirement of State Law • Held after property owners receive their proposed property tax statements for 2013 Other Dui ic MPMr --1 � • Hennepin County - November 27th • Eden Prairie Schools - December 11th • Metropolitan Council - December 12th • State of Minnesota - None ( State 's genera ' property tax affects seasonal i / recreational and commercial / i d i�, .� • roperties) 4 Historyof M $11,000,000,000 $10,000,000,000 - $9,000,000,000 $8,000,000,000 - $7,000,000,000 $6,000,000,000 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 Good N •w — In 2014 the decline in market value is expected io moderate r • I , /,ice ta\ / ice Budget ill, 2012 2013 Difference Percent Budget Proposed Change Budget General Fund $38,345, 174 $39,289,585 $944,411 2. 5% Debt Service 3,031, 100 3,406, 100 375,000 12.4% Capital 89,894 89,894 0 0% Improvement Levy Total $41,466, 168 $42,785,579 $ 1,319,411 3 . 2% / 41k , A , Genera ' Fun evenues 2012 2013 Difference Percent Budget Proposed Change Budget ,111 I���I���IGiliiillllllllllllllllllllll o Property Taxes $281 /76,271 $29,039,759 $263,488 .91© Licenses & Permits 2,674, 125 2,874,245 200, 120 7. 5% Intergovernmental 988,302 988,302 0 0% Revenue Charges for Services 4,077,921 4, 124,718 46,797 1 . 1% li Other 875,000 875,000 0 0% FTrsrmn 270,000 997, 110 727, 110 269 . 3% Total 1 $37,661,619 $38,899, 134 $ 1,237,515 3 . 3% / 441k A , i r / ' r fa , ! i , General Charges for Other Intergovern- Services 20/0 Transfers In 0 mental 11% % Revenue 2% Licenses & Permits 7% Property Taxes 75% General Expenditure 2012 2012 Difference Percent Budget Proposed Change Budget Administration 796,6 2 $3,790,634 $(6,038) ( . 2%) Community 2,070,654 2, 186,599 115,945 5 . 6% Development Parks and ,565,081 ,807,620 242,539 2.5% Recreation .4E€ a„ ���4 ��, I�IaE Police 12,425,743 12,665, 119 239,376 1 .9%J Fire 5,072,697 5,275,696 202,999 4. 0% Public Works 5,414,327 5,563,917 149,590 2.8% Total $38 345 174 $39 289 585 $944 Atior f a 1111111 'IIII, 1I1% UIli' General Expenditures Public Works Administration 1 4% 1 0% Comm. Fire Development 13% 6% Parks a n d Recreation Police 25% 32% Debt 2012 2013 Difference Budget Proposed Budget Debt Levy on Tax Capacity 2005 Special Assessment Bonds $109,000 $109,000 0 2006 southwest: Firestation 355,000 355,000 0 2008 Equipment Certificates 425,000 425,000 0 2009 Equipment erti€icate _ _ . 380,000 870,000 m490,000 2009 Fire Station Facility 316,000 316,000 0 2011 Equipment:Certificates......:: ......... EH- _- 96,100 96,100 0 Debt Levy on Market Value 2003C Open Space Bonds I 200,000 200,000 0 2003A Park Bonds 115,000 0 I (115,000) 2005 Parks Referendum 1,035,000 1,035,000 0 Total 3,031,100 $3 406,100 $175,00.4 ' •!r PI 7 i r7 '' rA \ \ " 1A il , A,9 it ta\ / i� Future Debt Levies $3,500,000 $3,000,000 $2,500,000 $2,000,000 $1,500,000 • • $1,000,000 $500,000 $0 2012 20 3 014 2415 2016 20 v 20 ' 2019 2020 2021 20 2023 2024 +02 2026 2027 1\ 1A Proper Tax Summary 2012 2013 Difference Percent Budget Proposed Change Budget 1111 wiloommGeneral Fund ` $29, 137,996 $29,428,326 $290,330 .0% Capital 89,894 89,894 0 0% Improvement Debt Service 1 . 11.H11111 100 1 796 100 1 .5,000 6.8% Market Value Debt 1,350,000 1,235,000 ( 115,000) (8. 5%) Less Fiscal Disparity ( 1,673, 150) ( 1,676,800) (3,650) . 2% Distribution 1 Total $30,585,840 $30,872,520 $286,680 1 0 .9% City Tax Impact 12/4/2012 2011/2012 2012/2013 Difference % Change Residential $ 1, 105 $ 1,087 ($ 18) ( 1 .6%) ($312,600) Apartment ($5M) $ 19,872 $22, 182 $2,310 11 .6% Commercial ($2M) $8,063 $8,622 $559 6.9% Average Value Changes Residential — 4.4% Decreasi __ „ Apartmen4j.8% Increase t ommercial — 1 .0% Increase ;' , Total 12/4/2012 2011/2012 2012/2013 Difference % Change Residential $4,450 $4,371 ($79) ( 1 .8%) ($312,600) Apartment ($5M) $78,572 $87,425 $8,853 11 . 3% Commercial ($2M) $73,668 $77,850 $4, 182 5. 7% Property Tax Distribution Median Value Home * Other 7% Hennepin County �' 35% School i District 272 � � 33% City of Eden Prairie 25% Residential Tax Changes from 2012 Tax Decrease for 80% of homeowners Tax Increase for 0. 12% of homeowners (10% and over) Tax Increase for Tax Increase for .3% of 19.58% of homeowners homeowners (5.0%_9.9%) (0. 1%-4.9%) Property Distribution Commercial Other Hennepin Co. 3% 16% City of Fiscal Z Eden Disparitie Prairie 29% ;% 11% NN State General School Tax Dist. 272 27% 14% \VA/IA< - (,01 O ,000 Market Value Irra\ > > • ily cost of city Services General Fund $83.33 Debt 7.24 Total $90.57 Monthly Cost of City Services General Fund Administration $8.04 Community Development 4.64 Parks & Recreation 20.80 Police 26.86 Fire 11 . 19 Public Works 11 .80 Total $83.33 City Tax Comparison MLC Cities City Tax 2012 1,800 1,600 1,400 1,200 1,000 800 600 ■ ■ 400 ■ ■ 200 ■ 0 - I I I I I I I I 0 �`a •a Qua G\a �`� G`, I ' ,b6 �� ��a Goa • e — • • '�.4 � Valle 1 $ a0 000 Home Current Efficiencies and Innovations • Fire Department Mobile Solutions • Fire Department Duty Crew • Police Department CIS • Water Plant and Well Field Operations • Green Step City and ULI- Regional Indicators • 20-40 - 15 • New City Website - Customer Relationship Management • City Center Customer Service - Electronic Receipting and Credit Card Acceptance Upcoming Efficiencies and Innovations • On - Line Inspection Scheduling • On - Line Permit/Application Review and Tracking • Recreation Programs : On - Line Registration and Scheduling • New Snow Management System • Employee Benefits and Wellness Programs • Enhanced GIS Applications • Police : Commercial Vehicle Inspections • Overall : lerformance Measurement and Evaluation Outcomp1— • Maintain Services to 65 , 000 Residents & 2 , 500 Businesses — Service • 55,000 Police Calls, 1 ,330 Fire Calls • 3,500 Street Lights • 100,000 Participants in Park and Recreation Programs — Maintain • 43 Parks • 261 Miles of Streets • 24 Buildings • 290 Vehicles Goals for 2012 - 20 13 udget Operational Enhance service levels in public safety and the maintenance of infrastructure / Preserve all other city service levels using the same resources Organizational ► Sustain current levels of employee morale and engagement ► Continual review for service efficiencies and innovations ► Overall / Continue to improve Eden Prairie's relative position in fiscal comparisons with comparable cities / Preservg eden Prairie's exceptional image inter ally and externally • Public Comment and Input on the 2013 Budget and Tax Levy CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda December 4, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.B.2. Sue Kotchevar, Office of the Resolution Approving the 2013 to 2022 City Manager/Finance Capital Improvement Plan Requested Action Move to: • Adopt Resolution approving the 2013 to 2022 Capital Improvement Plan Synopsis The City plans for capital maintenance and improvements by preparing a capital improvement plan(CIP). The CIP represents a framework for planning the preservation and expansion of capital including equipment, facilities, and infrastructure. It sets forth the estimated schedule, timing, and details of specific improvements by year, together with the estimated cost, the need for the improvement, and sources of revenue to pay for the improvement. It is a good management practice to prepare and adopt a capital improvement plan. It is a working plan and as circumstances warrant actual spending will differ throughout the period. All projects over $20,000 are brought back to the City Council at the time of execution for final review and approval. Attachment • Resolution • Note: Due to the size of the document, it was not included in the packet. The draft CIP was distributed to the City Council on November 30th, 2012. The draft document is also available on the City's website. Anyone who would like additional information,please contact Sue Kotchevar at 952 949-8386 or skotchevar@edenprairie.org. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012- A RESOLUTION ADOPTING THE 2013 TO 2022 CAPITAL IMPROVEMENT PLAN WHEREAS, during the course of the preparation and review of the 2013 to 2022 Capital Improvement Plan(the CIP) the City Council (the Council) of the City of Eden Prairie, Minnesota(the City)has considered, for each capital improvement and for the CIP overall: the condition of the City's existing infrastructure, including the projected need for repair or replacement; the likely demand for the improvement; the estimated cost of the improvement; the available public resources; the level of overlapping debt in the City; the relative benefits and costs of alternative uses of the funds; operating costs of the proposed improvements; and alternatives for providing services most efficiently through shared facilities with other cities or local government units; and WHEREAS, the CIP covers at least a ten-year period beginning with the date of its adoption; sets forth the estimated schedule, timing, and details of specific capital improvements by year, together with the estimated cost, the need for the improvement, and sources of revenue to pay for the improvement; and WHEREAS, it is in the best interests of the City to approve the CIP. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that the City Council hereby approves the 2013 to 2022 Capital Improvement Plan. ADOPTED by the City Council of the City of Eden Prairie this 4th day of December 2012. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk 2013 / 22 CAPITAL FMPRO \/ EMENT PLAN December 4, 2012 Objectives • Plan for capital maintenance and improvements by preparing a capital improvement plan (CIP). • Provide consistent investment in City equipment, facilities, and infrastructure. • Preserve and expand capital in a way that is sustainable and affordable for Eden Prairie citizens. Projects by Department Engineering $162,355,000 Public Works 28,725,000 Community Development 14,350,000 Parks and Recreation 13,889, 200 Storm Utility 11,699 200 Water Utility 10, 133,800 Facilities 6, 155,000 Fire 4,290 000 Information Technology 2, 149,000 Other 130,000 Total $253,876,200 Funding Summary City Sources Enterprise Funds $27,978,000 TI F 11,875,000 Other Funds 63,933, 200 Total City Sources 103,786,200 Other Funding Sources 150,090,000 Total Capital Improvement Plan $253,876,200 Funding S Pavement Management Fund $25,000,000 Capital Maint. and Reinvestment 20, 385,000 Facilities Internal Service Fund 5,995,000 Park Improvement Fund 4,044, 200 Economic Development Fund 3, 275,000 Transportation Fund 2, 150,000 IT Internal Service Fund 2,084,000 Debt - Capital Equipment Bonds 1,000,000 Total Other City Funds $63,933, 200 Outcomes o Funds $254 M Projects through 2022 • $104 M City Funds • $150 M Other Funds EDEN PRAIRIE` ,.CITY CENTER'� i ""�r o No New Tax Levy for Debt Until 2022 • Decreasing Debt Service Payments J ,..„, -,?0,4,.. o Maintains - ,;� , , it Pavement 4 Management Program -- o Provides for• - � _ �.. .,4„,,, At • • Buil dingW Maintenance '� • l- . . . . i , 0 it ` i II _ I �r ik �r � v r +rr. c I 1 0 a DevelopNEM s Last p .4, . . _ - 'iC�E ,!;, Neighborhood Park Ak_ .., , _ ,, �� ElR 1 F1 r r �40 � ep aces o0 f 0 y Ice Rink 2 o Improvements to Miller, Round Lake, Riley Lake, and .------______.. .StaringLake Park f , , . i ,i,I ,,,,-.,- ❑ Maintains Trails33„ � t , .._:.,. F :'t - � fir , , 5< il' 'R• -%,-,,..T.,:. • . ,,,,. fitf, w� �w. r t o Maintains Parks • i , i including Tennis ..Courts, Play ________ ______________ �� -� Equipment, Parking ....._ N______________________ Lots ' i4,-..,.. ,!,:i...., o Maintains IT . ;� r, ��. �;r�� ; .�k.�,:_�, i. l','''::''',.:7ti-. 00 , ., 0-. Infrastructure .4., ,,` ; � - , 4r• � o Re laces Pub ,..b..:.,„, . , . lic r• . p LICE ��hfofM Safety Radios *ii w.. ,----;,-. . Future Debt Levies $3,500,000 $3,000,000 $2,500,000 $2,000,000 $1,500,000 • •�• • • • $1,000,000 $500,000 $0 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 Moodys Rating ► Moody's Investors Service assigned a rating of Aaa to the City of Eden Prairie's (MN) bond issue in 2003, the highest rating from Moody's. The bond rating was affirmed in 2012 on the City's outstandinggeneral obligation debt. The City maintained bond rating in 2012 due to Eden Prairie's extensive and diversified tax base, low amount of rapidly amortized debt, and capably managed financial operations. Of the 854 cities in Minnesota, there are only 17 now rated Aaa by Moody's Investors Service. Nationally, approximately 6.0% of municipalities are rated Aaa by Moody's.