HomeMy WebLinkAboutCity Council - 12/18/2007AGENDA
JOINT CITY COUNCIL/PLANNING COMMISSION WORKSHOP
& OPEN FORUM /OPEN PODIUM
TUESDAY,DECEMBER 18, 2007 CITY CENTER
5:00 - 6 :25 PM, HERITAGE ROOM II
6:30 - 7:00 PM,COUNCIL CHAMBER
CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon
Duckstad, and Kathy Nelson
CITY STAFF: City Manager Scott Neal, Police Chief Rob Reynolds, Fire Chief George Esbensen,
Public Works Director Eugene Dietz, Community Development Director Janet Jeremiah, Parks and
Recreation Director Jay Lotthammer, Economic Development Manager David Lindahl,
Communications Manager Joyce Lorenz, Assistant to the City Manager Michael Barone, City
Attorney Mark Johnson, and Recorder Lorene McWaters
PLANNING COMMISSION: Chair Ray Stoelting; Vice Chair Jon Stoltz; John Kirk, Vicki
Koenig, Jerry Pitzrick, Frank Powell, Peter Rocheford, Kevin Schultz, Fred Seymour
Heritage Room II
1.MAJOR CENTER AREA
Council Chamber
II.OPEN FORUM
III.OPEN PODIUM
IV.ADJOURNMENT
AGENDA
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY,DECEMBER 18, 2007 7:00 PM,CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Phil Young ,Council Members Brad Aho, Sherry Butcher ,Jon Duckstad,
and Kathy Nelson
CITY STAFF: City Manager Scott Neal, Parks &Recreation Director Jay Lotthammer, Public
Works Director Eugene Dietz ,City Planner Michael Franzen, Community Development Director
Janet Jeremiah ,City Attorney Mark Johnson and Council Recorder Carol Pelzel
1.ROLL CALL / CALL THE MEETING TO ORDER
II.PLEDGE OF ALLEGIANCE
III.COUNCIL FORUM INVITATION
IV.PROCLAMATIONS /PRESENTATIONS
A.PRESENTATION OF CONSERVATION COMMISSION COMMENDATIONS
V.APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI.MINUTES
A.TOWN HALL MEETING HELD TUESDAY, NOVEMBER 27, 2007
B.COUNCIL WORKSHOP HELD MONDAY,DECEMBER 3, 2007
C.TRUTH-IN-TAXATION PUBLIC HEARING HELD MONDAY,
DECEMBER 3, 2007
D.CITY COUNCIL MEETING HELD MONDAY,DECEMBER 3, 2007
VII.REPORTS OF ADVISORY BOARDS &COMMISSIONS
VIII.CONSENT CALENDAR
A.CLERK'S LICENSE LIST
B.APPROVE SECOND READING OF AN ORDINANCE AMENDING THE FEE
SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS AND
ADOPT RESOLUTION APPROVING SUMMARY FOR PUBLICATION
CITY COUNCIL AGENDA
December 18, 2007
Page 2
C.ADOPT CAPITAL ASSET POLICY
D.ADOPT RESOLUTION APPROVING MAINTENANCE AGREEMENT
WITH MNDOT FOR TH 62 TRAIL BETWEEN BAKER ROAD AND BEACH
ROAD ,I.C.02-5553
E.APPROVE PURCHASE OF MICROWAVE RADIO ANTENNAE SYSTEM
FROM HARRIS STRATEK
F.ADOPT RESOLUTION DECLARING CITY'S INTENT TO REIMBURSE
ITSELF FOR PRIOR EXPENDITURES OUT OF PROCEEDS OF
SUBSEQUENTLY ISSUED SERIES OF BONDS
IX.PUBLIC HEARINGS /MEETINGS
A.ENTERPRISE RENT-A-CAR Request for: Guide Plan Change from Office to
Community Commercial on 1.6 acres, Planned Unit Development Concept Review
on 1.6 acres, Planned Unit Development District Review with waivers on 1.6 acres,
Zoning District Change from Rural to Community Commercial on 1.6 acres, Site Plan
Review on 1.6 acres and Preliminary Plat on 1.6 acres into one lot. Location: NW
Corner of Hwy 5 and Venture Lane. (Resolution for Guide Plan Change;
Resolution for PUD Concept Review; Ordinance for PUD District Review with
waivers and Zoning District Change; Resolution for Preliminary Plat)
B.KINDERBERRY HILL Request for: Planned Unit Development Concept Review
on 5.13 acres, Planned Unit Development District Review with waivers and Zoning
District Amendment within the Office Zoning District on 5.13 acres, Site Plan
Review on 5.13 acres and Preliminary Plat on 5.13 acres into two lots and one outlot.
Location: Hennepin Town Road & Pioneer Trail . (Resolution for PUD Concept
Review ;Ordinance for PUD District Review with waivers and Zoning District
Amendment ;Resolution for Preliminary Plat)
C.FIRST READING OF AN ORDINANCE ADDING CITY CODE SECTION
11.27 TO CREATE A TOWN CENTER ZONING DISTRICT
X.PAYMENT OF CLAIMS
XI.ORDINANCES AND RESOLUTIONS
A.SECOND READING OF AN ORDINANCE ADDING CITY CODE SECTION
11.27 TO CREATE A TOWN CENTER ZONING DISTRICT (Resolution
Approving Summary Ordinance)
XII.PETITIONS ,REQUESTS AND COMMUNICATIONS
XIII .APPOINTMENTS
CITY COUNCIL AGENDA
December 18, 2007
Page 3
XIV.REPORTS
A.REPORTS OF COUNCIL MEMBERS
B.REPORT OF CITY MANAGER
1.2008 Council Meeting Schedule
2.2008 Property Tax Levy, Budget ,and HRA Tax Levy (Resolution)
C.REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D.REPORT OF PARKS AND RECREATION DIRECTOR
1.ACI Cash Value Program at the Senior Center
2.Chances to the Passport to Fun Fee Assistance Program
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 18, 2007 7:00 PM,CITY CENTER
Council Chamber
8080 Mitchell Road
HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS:Chair Phil Young,
Council Members Brad Aho, Sherry Butcher, Jon Duckstad, and Kathy Nelson
CITY STAFF: City Manager Scott Neal Public Works Director Eugene Dietz, City Planner
Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Mark
Johnson, Finance Director Sue Kotchevar and Recorder Jan Curielli
1.ROLL CALL / CALL THE HRA MEETING TO ORDER
II.APPROVE MINUTES OF HRA MEETING HELD ON SEPTEMBER 4, 2007
III.ADOPT RESOLUTION CERTIFYING THE 2008 HRA PROPERTY TAX
LEVY TO BE $200,000 AND APPROVING THE 2008 HRA BUDGET OF
$200,000
IV.ADJOURNMENT
UNAPPROVED MINUTES
HOUSING AND REDEVELOPMENT AUTHORITY
TUESDAY,SEPTEMBER 4, 2007 7:00 PM,CITY CENTER
Council Chamber
8080 Mitchell Road
HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS:Chair Phil Young,
Council Members Brad Aho, Sherry Butcher, Jon Duckstad and Kathy Nelson
CITY STAFF: City Manager Scott Neal ,Public Works Director Eugene Dietz ,City Planner
Michael Franzen ,Community Development Director Janet Jeremiah ,City Attorney Ric Rosow,
Finance Director Sue Kotchevar and Recorder Jan Curielli
1.ROLL CALL / CALL THE MEETING TO ORDER
Young called the meeting to order at 7:07 p.m. in shared session with the Council meeting.
II.APPROVE MINUTES OF HRA MEETING HELD ON MAY 15, 2007
MOTION: Duckstad moved, seconded by Aho, to approve the minutes of the HRA
meeting held on May 15, 2007 as published.Motion carried 5-0.
III.ADOPT RESOLUTION HRA NO. 2007-03 APPROVING A DEVELOPMENT
AGREEMENT BETWEEN THE HRA AND WINDSOR PLAZA, LLC RELATING
TO TOWN CENTER PHASE ONE TAX INCREMENT FINANCING DISTRICT
LOCATED WITHIN REDEVELOPMENT PROJECT AREA NO. 6 AND
AUTHORIZE THE CHAIRPERSON AND EXECUTIVE DIRECTOR TO
EXECUTE THE DEVELOPMENT AGREEMENT ON BEHALF OF THE HRA
Neal said this is a resolution approving a development agreement between the HRA and
Windsor Plaza, LLC relating to Town Center Phase One Tax Increment Financing District
#21 located within redevelopment project area No. 6 and authorizing the Chairperson and
Executive Director to execute the development agreement on behalf of the HRA. The TIF
Redevelopment District for Town Center Phase I - Windsor Plaza was approved by the
City Council on December 19, 2006. The agreement outlines all the terms and conditions
of the TIF plan, including the following key points:
n Provided the project continues to qualify - $4.5 million in TIF will be provided to the
project over the next 25 years.
n TIF funds will help defray costs associated with the redevelopment including
structured parking, building demolition, and land write down.
n There are significant look-back provisions that require the developer/owner
(Solomon Group) to reimbursement TIF funds to the City if the project performs
better than expected and/or if it is sold for a considerable profit.
n The developer also agrees to participate in a "Special Services District that the City
may establish in order to pay costs related to the development of a Town Square.
HRA MINUTES
September 4, 2007
Page 2
Community Development Director Jeremiah said this has been a long time coming getting
it negotiated and they are very pleased with the terms and the project that includes all the
amenities we have seen and discussed in the past.
MOTION: Nelson moved, seconded by Butcher, to adopt Resolution HRA No. 2007-03
approving a development agreement between the HRA and Windsor Plaza, LLC relating to
Town Center Phase One Tax Increment Financing District #21 located within
redevelopment project area No. 6 and authorizing the Chairperson and Executive director
to execute the development agreement on behalf of the HRA.Motion carried 5-0.
IV.ADOPT RESOLUTION HRA NO.2007-04 APPROVING THE PROPOSED 2008
HRA PROPERTY TAX LEVY AND ACCEPTING A PROPOSED HRA BUDGET
FOR GENERAL OPERATIONS
Neal said this is a resolution approving the proposed 2008 HRA property tax levy and
accepting the proposed 2008 budget. Minnesota Law authorizes the HRA to levy a tax with
the consent of the City Council. Per Minnesota Statute, Housing and Redevelopment
Authorities can levy a tax of up to .0 144 percent of taxable market value. The proceeds
may be spent on planning and implementation of redevelopment and/or low-rent housing
assistance programs with the City. The limit for the City of Eden Prairie is approximately
$1.3 million. The proposal is to approve a preliminary tax levy of $200,000 for the 2008
budget.
Duckstad said he noticed Mr. Neal indicated the resolution being sought was preliminary
only. Neal said this is a preliminary resolution and does require a final Council approval
later this year, probably in December. Duckstad asked if that means agreeing to this
resolution now does not bind the Council to the $200,000 levy. Neal said that was true.
MOTION: Aho moved, seconded by Butcher, to adopt Resolution HRA No. 2007-04 to
approve the proposed 2008 property tax levy to be $200,000 and to accept the proposed
2008 budget of $200,000.Motion carried 5-0.
V.ADJOURNMENT
MOTION: Nelson moved, seconded by Duckstad, to adjourn the HRA. Motion carried
5-0. Chair Young adjourned the meeting at 7:11 PM.
HOUSING AND REDEVELOPMENT AUTHORITY AGENDA DATE:
December 18, 2007
DEPARTMENT /DIVISION :ITEM DESCRIPTION :ITEM NO.:
Sue Kotchevar, Office of the Resolution Approving the 2008 HRA
City Manager/Finance Property Tax Levy and Accepting the 2008
HRA Budget
Requested Action
Move to:
•Adopt a resolution certifying the 2008 Property Tax levy to be $200,000 and
approving the 2008 Budget of $200,000 as reviewed by the Council.
Synopsis
On September 4, 2007, the HRA approved the proposed 2008 HRA property tax levy and
budget.Also on September 4, 2007, the Eden Prairie City Council adopted resolutions
consenting and approving the proposed 2008 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.
Attachments
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
HOUSING AND REDEVELOPMENT AUTHORITY
H.R.A. RESOLUTION NO. 2007-05
A RESOLUTION APPROVING THE HRA 2008 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 2008 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 2008 budget contingent upon City Council approval.
Levy on Tax Capacity $200,000
2.Approves the 2008 proposed budget totaling $200,000 at this time.
ADOPTED by the Housing and Redevelopment Authority on December 18, 2007.
Phil Young, Chair
ATTEST:SEAL
Scott H. Neal, Executive Director
UNAPPROVED MINUTES
TOWN HALL MEETING
TUESDAY, NOVEMBER 27, 2007
ITEM NO.: VI.A.
7:00 PM,CITY CENTER
Fire Station 4
17920 Linwood Court
CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad,
and Kathy Nelson
CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Jay Lotthammer, Public
Works Director Eugene Dietz, Community Development Director Janet Jeremiah, City Attorney Ric
Rosow and Council Recorder Lorene McWaters
1.CALL THE MEETING TO ORDER
Mayor Young called the meeting to order at 7:05 p.m.
II.PLEDGE OF ALLEGIANCE
III.GUIDELINES
Mayor Young read a statement explaining the guidelines for speakers addressing the City
Council.
IV.SPEAKERS
A.CARL MAGUIRE
Ms. Maguire thanked the Council for their willingness to engage in dialog on the
budget process and for their approval of the social services grants. She encouraged
the Council to consider exactly how the needs of the immigrant community will be
met if the Immigrant Services Liaison position is cut. She said it is not enough to
assume the County or the faith community will be willing or able to step up to meet
the needs.
B.DAVID HANSEN
Mr. Hansen told Council he was unhappy to learn that Community Center
membership fees were to increase three or fourfold in 2008. He said he voted for the
parks referendum. He asked why his fees are so high when he lives in northwest
Eden Prairie and is in the Minnetonka School District. He asked whether or not Eden
Prairie High School is charged for use of the Community Center.
Mayor Young said fees for Community Center membership have been calculated
based on projected operating costs. Parks and Recreation Director Jay Lotthammer
said the schools use the Community Center as part of a reciprocal use agreement and
much of the use is during non-peak daytime hours.
TOWN HALL MEETING MINUTES
November 27, 2007
Page 2
C.BASIL WISSNER
Mr. Wissner said Town Hall Meetings are a good idea; however, he suggested
moving them back to City Center where equipment is already in place and meetings
can be televised.
D.PATRICK MINTON
Mr. Minton thanked the Council for approving the social services grants funding. He
said he supports Ms. Maguire's position in favor of retaining the Immigrant Services
Liaison position.
E.DONNA MURPHY
Ms. Murphy said Eden Prairie has a sizable population of poor immigrants who need
help. She said having a staff member who speaks their language is necessary, and she
asked Council to retain the Immigrant Services Liaison position.
F.PATTI INDRE
Ms. Indre wanted to know the purpose of proposed cuts to human services funding.
City Manager Scott Neal said the intent was to slow the growth of expenses as the
City's growth slows.
G.RICHARD PROOPS
Mr. Proops said that the City's Truth-in-Taxation Hearing is scheduled for Monday,
December 3. He gave the Council Members a handout of topics he suggested be
included in the Truth-in-Taxation Hearing. He said taxpayers should be provided
more information on upcoming capital costs, such as Community Center and Major
Center Area projects.
H.DR. HAROLD MASSEY
Dr. Massey spoke in against elimination of the Immigrant Services Liaison position.
He asked the Council to model generosity in making this decision.
1.LAURA BLUML
Ms. Bluml said she believes her neighborhood has been disproportionately targeted in
the deer management program. She said she has not received adequate answers to
inquiries about the program. She asked for a firm commitment from Council that her
questions will be answered.
Regarding Community Center fees , she said users should pay for the services they
receive. She said we are all subsidizing the Community Center whether or not we use
it.
TOWN HALL MEETING MINUTES
November 27, 2007
Page 3
Regarding the Immigrant Services Liaison position, she said it seems as if the only
immigrant group being discussed is Somalis. She asked if the position provides
services to other immigrants.
Regarding the increase in the assessed value of her home, she said the increased value
results in higher taxes but no more money in her pocket.
She encouraged Council to take care of things the really matter to the entire
community.
Mayor Young said the capital cost of the Community Center was levied for through
the referendum. Fees will offset increased operating costs. The increased cost of
operating the Community Center will be born by those using the facility.
J.JOHN URBANSKI
Mr. Urbanski asked for clarification of the role of commissions, particularly the
Budget Advisory Commission, in the decision making process. He asked whether
any one commission has more weight than another when making recommendations to
the Council.Mayor Young said that all of the commissions act in an advisory
capacity.
W.WENDY CREGG
Ms. Cregg said she is concerned about the increase in Community Center
membership fees. She voted for the referendum, and wants all families to be able to
afford to use the Community Center. She said the higher fees will make the facility
exclusive rather than inclusive.Young said staff is looking at options for lower
income families and will report on them to the Council.
V.ADJOURNMENT
The meeting was adourned at 7:48 p.m.
ITEM NO.: VI.B.
UNAPPROVED MINUTES
JOINT CITY COUNCIL/EDEN PRAIRIE CHAMBER OF COMMERCE WORKSHOP
& OPEN FORUMIOPEN PODIUM
MONDAY,DECEMBER 3, 2007 CITY CENTER
5:00 - 6 :25 PM, HERITAGE ROOM II
6:30 - 7:00 PM,COUNCIL CHAMBER
CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon
Duckstad, and Kathy Nelson
CITY STAFF: City Manager Scott Neal, Police Chief Rob Reynolds, Fire Chief George Esbensen,
Public Works Director Eugene Dietz, Community Development Director Janet Jeremiah, Parks and
Recreation Director Jay Lotthammer, Economic Development Manager David Lindahl,
Communications Manager Joyce Lorenz, Assistant to the City Manager Michael Barone, City
Attorney Mark Johnson, and Recorder Lorene McWaters
CHAMBER OF COMMERCE: Chair Dave Ward; Chair-Elect Cindy Daniels; Treasurer David
Nash; Directors Zane Birky, Vicki Brown, John Eversman, Jo Freese, and Mic Klaith; and President
Pat MulQueeny
Council Member Aho was absent.
Heritage Room II
1.DISCUSSION ITEMS
A.BUSINESS SURVEYS
Both the Chamber and the City plan to conduct business surveys in 2008. The
City will conduct its third business satisfaction survey. City Manager Scott Neal
said the survey will include recurring questions, which allows for longitudinal
measures. Chamber President Pat MulQueeny said the Chamber will conduct its
first citywide survey of businesses, which will include economic measurements as
well as questions with an education focus.
B.MEET & GREET FEEDBACK
About 180 Meet and Greets with businesses have been conducted since the City's
program began five years ago, shortly after Scott Neal joined the City. Economic
Development Director David Lindahl said a major concern for many businesses
the first two years was transportation. Since then, much progress has been made
on getting people into, out of, and around the City.MulQueeny said the State
Chamber of Commerce also has a meet and greet program, called Grow
Minnesota, which is also in its fifth year. Community Development Director
Janet Jeremiah encouraged the Chamber to have businesses interested in a Meet
and Greet to contact the City.
City Council Workshop Minutes
December 3, 2007
Page 2
C.TECHNOLOGY TASK FORCE
Lindahl provided an overview of the Technology Task Force's activities since
their appointment in May. He said their research shows the City is fairly well
served, but price and choice are issues for some consumers. The group also
determined that the City is not a good candidate for municipal wireless due to low
population density, many trees, and rapidly changing technology.
D.TRANSPORTATION FUNDING, PROJECTS AND LEGISLATIVE
INITIATIVES
MulQueeny said the Eden Prairie Chamber has generally followed the State
Chamber's lead on support of transportation initiatives, and has advocated for the
proposed 5 cent gas tax. He asked if the City takes official positions on
transportation issues.Neal said the City Council typically endorses the legislative
agendas of municipal organizations to which the City belongs, such as AMM and
MLC, and occasionally passes resolutions supporting particular issues.
E.WAYFINDING
MulQueeny gave an overview of the recent meeting of the Chamber, MnDOT and
the City on the changeover of 212 and other wayfinding issues. A general
agreement has been reached that 212 in Eden Prairie will be called Flying Cloud
Drive.Directional signs have been installed on the mall ring road. Six temporary
directional signs on major roadways outside the mall are scheduled for
installation.It was noted that the current phase of the wayfinding plan addresses
how to get out of Eden Prairie. How to get into Eden Prairie will be addressed at
a later date.
F.2008 STATE OF THE CITY
The Chamber's second annual State of the City (co-presented by the School
District, the Chamber, and the City) is scheduled for January 17 at 4:00 p.m. in
the Garden Room. The event is free and open to the public. Residents are
encouraged to attend.
G.2008 -2009 CITY BUDGET UPDATE
Neal reviewed the City's budget process, which he said culminates in the Truth-
in-Taxation Hearing in the Council Chamber at 7:00 p.m. tonight. The City
Council will approve a final budget at their December 18 meeting.
H.CITY COMPREHENSIVE GUIDE PLAN UPDATE
Jeremiah said the Comprehensive Guide Plan is the City's visioning and planning
document for 20 years out. It includes a number of things the City must manage
over time, including infrastructure, parks, development, etc. The Planning
Commission recommended approval of the updated draft Guide Plan, which
includes new chapters on redevelopment and healthy communities, at their
November 26 meeting. The draft is on the City's website. Chamber Chair Dave
Ward said the guide plan would be a good discussion item for the Chamber's
Government Committee.
1.CITY COMMISSIONS, COMMITTEES AND TASK FORCES
MulQueeny said the Chamber is interested in exploring opportunities for its
members to participate on City commissions, committees and task forces as
appropriate.He said he realizes that in some cases the City charter requires
members to be residents, so membership may need to be on an ad hoc basis.
J.FLYING CLOUD AIRPORT
This topic was skipped due to a lack to time.
K.LOUDI
MulQueeny and Neal said recent interactions with Loudi, our partner City in
China, have had an education focus. They asked Council and the Chamber Board
to consider what types of opportunities they might want to pursue at this point.
Council Chamber
II.OPEN FORUM
A.MAT MUELLER -PRESBYTERIAN HOMES
Mr. Mueller submitted a petition objecting to the Presbyterian Homes
redevelopment project.Mueller said he believes the height of the project will
have a negative impact on his neighborhood. He said the City should have a
better process by which residents are notified of such proposals.
III.OPEN PODIUM
IV.ADJOURNMENT
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TRUTH-IN-TAXATION HEARING
MONDAY,DECEMBER 3, 2007
ITEM NO.: VI.C.
7:00 PM,CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon
Duckstad and Kathy Nelson
CITY STAFF: City Manager Scott Neal, Parks &Recreation Director Jay Lotthammer ,Public
Works Director Eugene Dietz ,City Planner Michael Franzen ,Community Development Director
Janet Jeremiah ,City Attorney Ric Rosow and Council Recorder Jan Curielli
TRUTH-IN-TAXATION PUBLIC HEARING
1.CALL THE MEETING TO ORDER
Mayor Young called the Truth-In-Taxation Hearing to order at 7:00 PM.
II.PUBLIC HEARING
A.OVERVIEW OF 2008 PROPOSED BUDGET AND TAX LEVY
Neal said local governments are required to hold a Truth-in-Taxation hearing on an
annual basis on a date that is set by the State. The purpose of the hearing is to invite
citizens to give the City Council feedback and input on the City budget. He said Ms
Kotchevar will present an overview of the proposed budget.
Kotchevar gave a PowerPoint presentation on the 2008 proposed budget and tax
levy. She noted there are two members of the Assessing Division present at
tonight's meeting who can talk to individuals privately if there are questions about
the assessed value of a specific property. She said the purpose of the hearing is to
solicit input on the proposed City budget for next year. She noted there will be a
public hearing for the Eden Prairie School District budget on December 4, and a
public hearing for the Hennepin County budget on December 6. The City Council
will adopt the final budget and tax levy on December 18. She reviewed the
outcomes and accomplishments of the current budget and the Capital Improvement
Plan (CIP). She summarized the tax impacts of the proposed budget, noting the tax
increase for 2008 for a Median Single Family Home will be $11 or a 0.9% increase.
She reviewed the total property tax impacts for all taxing entities and gave a
summary of the General Fund revenues and expenditures.
B.PUBLIC COMMENT AND DISCUSSION
Carol Fredrickson, a resident in the Chimney Pines neighborhood, said she wrote a
letter to the City Council and to Hennepin County in which she expressed her
TRUTH-IN-TAXATION MINUTES
December 3, 2007
Page 2
disagreement with the increased property taxes. She noted that real estate values
have dropped dramatically since the spring of 2007. There are seven properties for
sale in her neighborhood, two of which are the result of foreclosures. She asked
that her properties be re-evaluated for the 2008 tax year to more accurately
represent the current market values.
John Urbanski, 18828 Nature Lane, asked the number and letter name of the
proposed budget. Neal said it is Version 1.8. Referring to Page 19 of the Truth-in-
Taxation booklet.Urbanski said the Community Development section shows
decreases totaling $61,000. He asked for clarification on where those decreases are
coming from. Kotchevar said the decrease in social services primarily reflects
$30,000 for contracted services moved to the Police Department budget and the
decrease for Economic Development was for contracted services that are no longer
needed. Urbanski asked if the two positions in Housing and Community Services
are still included in the budget. Neal said they are.
Nancy Tyra-Lukens, 14695 Queens Trail, said when she joined the City Council 13
years ago there was no Capital Improvement Plan, no financial plan to replace
temporary park shelters, no plan to deal with needed maintenance or upgrades, and
no plan to provide a needed fourth fire station. In the mid-1990's the Council
drafted a CIP and set up funds to pay for the capital improvements along with
policies and procedures to follow. In the 2006-2010 CIP we have $119,000,000 of
identified capital improvement needs and repairs. Even though about half of the
CIP projects are transportation projects that will be funded by other means, we are
still left with a staggering amount. The principal method of funding these items is
the liquor store revenue and the CIP levy. Her fear is that decreasing the CIP levy
will cause us to head down a slippery slope of not meeting the needs of the City.
She noted the CIP policy states the City will levy $1,200,000 annually and will
increase the amount annually to provide funding for the CIP. She said the $750,000
proposed for 2008 is just more than half of what should be levied at a minimum,
and she wondered if the policy has been formally changed or if the City Council
has decided to adjust it without addressing the policy issues.She was concerned
that the CIP fund will be run down and the City will find itself without money to
take care of its assets. She thought we need to be good stewards of the citizens'
money, however we also need to be good stewards of the assets all our residents
own. She said our citizens' expectations are that Eden Prairie delivers excellent
services and has great facilities. She urged the Council to reinstate the CIP levy to
the full level because this is not a fund that should be politically tossed around.
III.CLOSE OR CONTINUE PUBLIC HEARING
MOTION: Butcher moved, seconded by Aho, to close the public hearing.Motion carried
5-0.
IV.ADJOURNMENT
MOTION: Nelson moved to adjourn the Truth-in-Taxation Hearing and reopen the City
Council Meeting.
TRUTH-IN-TAXATION MINUTES
December 3, 2007
Page 3
Butcher said she had a question regarding the Truth-in-Taxation hearing.
NELSON WITHDREW THE MOTION.
Butcher said she has had concerns about the CIP levy and she asked staff to create another
version of the budget that puts back in our commitment to the CIP program to the full
$1,000,000 in order to see what that looks like until we have to make a decision on
December 18.
Neal said he had planned to talk about this during his report. He said we have a budget on
the table that is Version 1.8 and what Council Member Butcher is asking for is a proposed
budget amendment. To facilitate the process for the December 18 meeting, he asked Council
Members to have their requests for a budget amendment to him by the end of the week so
staff can prepare a budget amendment for the Council Member to introduce on December
18. He suggested this process because sometimes the Council gets rushed at the last meeting
of the year, and this will allow time for staff to write up the ideas and apply some analyses
to show what they might cost and what the impact on the tax would be.
Young thought that was a good idea. Neal said Council Members could call or email him
with the proposed amendments by Friday of this week so they can be distributed with the
meeting packets.
MOTION: Nelson moved, seconded by Butcher, to adjourn the Truth-in-Taxation Hearing
and reopen the City Council Meeting.Motion carried 5 -0.Mayor Young adjourned the
Truth-in-Taxation Hearing at 7:24 PM.
ITEM NO.: VI.D.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
MONDAY,DECEMBER 3, 2007 7:00 PM,CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon
Duckstad and Kathy Nelson
CITY STAFF: City Manager Scott Neal ,Parks & Recreation Director Jay Lotthammer, Public
Works Director Eugene Dietz ,City Planner Michael Franzen, Community Development Director
Janet Jeremiah ,City Attorney Ric Rosow and Council Recorder Jan Curielli
1.ROLL CALL / CALL THE MEETING TO ORDER
Mayor Young called the meeting to order at 7:25 PM.
II.PLEDGE OF ALLEGIANCE
III.COUNCIL FORUM INVITATION
IV.PROCLAMATIONS / PRESENTATIONS
V.APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Young added Item XIV.A.2.
MOTION: Aho moved, seconded by Nelson, to approve the agenda as amended .Motion
carried 5-0.
VI.MINUTES
A.COUNCIL WORKSHOP HELD TUESDAY, NOVEMBER 13, 2007
MOTION: Duckstad moved, seconded by Nelson, to approve the minutes of the
Council Workshop held Tuesday, November 13, 2007, as published .Motion
carried 4 -1-0 with Butcher abstaining.
B.CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 13, 2007
MOTION: Aho moved, seconded by Duckstad, to approve the minutes of the
Council Meeting held Tuesday, November 13, 2007, as amended .Motion carried
4-1-0 with Butcher abstaining.
C.SPECIAL COUNCIL MEETING HELD TUESDAY, NOVEMBER 15, 2007
Mayor Young noted the meeting day should be Thursday, not Tuesday.
CITY COUNCIL MINUTES
December 3, 2007
Page 2
MOTION: Butcher moved, seconded by Duckstad, to approve the minutes of the
Special Council Meeting held Thursday, November 15, 2007, as amended .Motion
carried 5-0.
VII.REPORTS OF ADVISORY BOARDS &COMMISSIONS
VIII .CONSENT CALENDAR
A.CLERK 'S LICENSE LIST
B.THE POINTE ON LAKE RILEY - LEU Second Reading of Ordinance 25-
2007-PUD-11-2007 for Planned Unit Development District Review with waivers
and Zoning District Amendment within the R1-22 Zoning District on 2 acres.
(Ordinance No. 25 -2007-PUD -11-2007 for PUD District Review with waivers
and Zoning District Amendment)
C.GROOTWASSINK Second Reading of Ordinance 26-2007-PUD-12-2007 for
Planned Unit Development District Review and Zoning District Amendment within
the Rural Zoning District on 7.88 acres. (Ordinance No. 26 -2007-PUD-12-2007
for PUD District Review and Zoning Amendment)
D.ADOPT RESOLUTION NO. 2007-124 APPROVING FINAL PLAT OF THE
GROOT ADDITION
E.ADOPT RESOLUTION NO. 2007-125 APPROVING FINAL PLAT OF THE
POINTE ON LAKE RILEY 2ND ADDITION
F.APPROVE AGREEMENTS TO PROVIDE INSURANCE
REIMBURSEMENT OPPORTUNITY FOR COMMUNITY CENTER
MEMBERS
G.ADOPT RESOLUTION NO. 2007-126 REGULATING FEES AND
CHARGES FOR BUSINESS LICENSES ,PERMITS AND MUNICIPAL
SERVICES FOR 2008
H.APPROVE PROFESSIONAL ENGINEERING SERVICES AGREEMENT
FROM ADVANCED ENGINEERING & ENVIRONMENTAL SERVICES
FOR WELL #16 DESIGN AND CONSTRUCTION MANAGEMENT
1.APPROVE CHANGE ORDER NO. 1 FOR THE TECHNOLOGY DRIVE
STREETSCAPE IMPROVEMENTS ,I.C. 07-5691
J.AWARD CONTRACT FOR CONSTRUCTION OF WASHINGTON
AVENUE LIFT STATION TO PARK CONSTRUCTION CO., I.C.06-5685
(RESOLUTION 2007-127)
K.ADOPT RESOLUTION NO. 2007-128 VACATING THE DRAINAGE AND
UTILITY EASEMENT OVER LOTS 1 THROUGH 3 INCLUSIVE, BLOCK
1, THE POINTE ON LAKE RILEY ,VACATION 07-09
CITY COUNCIL MINUTES
December 3, 2007
Page 3
L.AWARD BID FOR PURCHASE OF 800 MHZ TRUNKED RADIO SUB-
SYSTEM (DISPATCH CONSOLES) TO MOTOROLA, INC.
M.AWARD BID FOR PURCHASE OF PUBLIC SAFETY ANSWERING
POINT THREE-POSITION CONSOLE CONFIGURATION TO WATSON
DISPATCH CENTER
MOTION: Butcher moved, seconded by Duckstad, to approve Items A-M on the
Consent Calendar.Motion carried 5-0.
IX.PUBLIC HEARINGS / MEETINGS
A.VACATION OF DRAINAGE AND UTILITY EASEMENT OVER PART OF
LOT 1 AND LOT 2, BLOCK 1, LARIAT CENTER, VACATION 07-08
(RESOLUTION NO. 2007-129)
Neal said official notice of this public hearing was published in the November
15, 2007,Eden Prairie Sun Current and sent to five property owners. The
property owner has requested the vacation of a part of the drainage and utility
easement over part of Lot 1 and Lot 2, Block 1, Lariat Center to facilitate a
building expansion. The easement was originally dedicated to cover the City
owned water main. The water main has been relocated and a new easement
has been dedicated.
Dietz noted this is the easement that allows the connection between the Punch
Pizza building and the Chevy's building.
There were no comments from the audience.
MOTION: Butcher moved, seconded by Nelson, to close the public hearing and to
adopt Resolution 2007-129 vacating part of the drainage and utility easement over
part of Lot 1 and Lot 2, Block 1, Lariat Center.Motion carried 5-0.
B.2008-2012 CAPITAL IMPROVEMENT PLAN (RESOLUTION NO. 2007-
1
Neal said official notice of this public hearing was published in the November
22, 2007,Eden Prairie Sun Current.In 2003, the Minnesota legislature passed
Minnesota Statute 475.521, which allows cities to issue bonds under a
qualified capital improvement plan. Bonds may be issued for the acquisition
or betterment of public lands, buildings or other improvements for the purpose
of a city hall, public safety facility, and public works facility. The law requires
a public hearing and council adoption of the plan. Also, it is a good
management practice to prepare and adopt a capital improvement plan.
Kotchevar gave an overview of the 2008-2012 CIP. She said the objective is to
plan for capital maintenance and improvements by preparing a capital
improvement plan, to provide consistent investment in City equipment,
CITY COUNCIL MINUTES
December 3, 2007
Page 4
facilities and infrastructure, and to preserve and expand capital in a way that is
sustainable and affordable for Eden Prairie citizens. She noted the total for the
CIP is $226,000,000 and the largest portion of the plan is for transportation
projects. She said the two funding sources for the capital improvement fund
are the tax levy and the liquor store profits.
There were no comments from the audience.
MOTION: Aho moved, seconded by Butcher, to close the public hearing and to
adopt Resolution 2007-130 approving the 2008 to 2012 Capital Improvement Plan.
Motion carried 5-0.
Council Member Butcher left the room at 7:30 PM.
C.FIRST READING OF UPDATES TO THE FEE SCHEDULE ORDINANCE
RELATING TO ADMINISTRATION OF OFFICIAL CONTROLS
Neal said official notice of this public hearing was published in the November 15,
2007,Eden Prairie Sun Current.This Ordinance establishes a fee schedule for the
City's costs of administering Official Controls pursuant to Minnesota Statutes
Section 462.353, Subd. 4. Minnesota Statute allows a municipality to prescribe fees
sufficient to defray the costs incurred by it in reviewing, investigating, and
administering an application for an amendment to an Official Control or other
approval required under an Official Control. Minnesota Statute defines an "Official
Control as ordinances or regulations which control the physical development of a
city and implement the general objectives of the comprehensive plan. Official
Controls may include ordinances establishing zoning, subdivision controls, site
plan regulations, sanitary codes, building codes and official maps.
There were no comments from the audience.
MOTION: Aho moved, seconded by Nelson, to close the Public Hearing and to
approve 1St Reading of the Ordinance Updating the Fee Schedule for
Administration of Official Controls.Motion carried 4-0.
X.PAYMENT OF CLAIMS
MOTION: Nelson moved, seconded by Aho, to approve the Payment of Claims as
submitted.The motion was approved on a roll call vote, with Aho, Duckstad ,Nelson
and Young voting "aye."
XI.ORDINANCES AND RESOLUTIONS
XII.PETITIONS, REQUESTS AND COMMUNICATIONS
XIII .APPOINTMENTS
XIV.REPORTS
CITY COUNCIL MINUTES
December 3, 2007
Page 5
A.REPORTS OF COUNCIL MEMBERS
1.Dunn Bros. Lease - Aho
Aho said there is nothing to discuss on this item at this point because the
lease is signed.
2.Change Council Meeting Protocol - Young
Young said he would like to propose a change to the way the Council
meetings are started. A couple of months ago he met with Mr. Neal and
asked him to make some preliminary plans for the change. He said he
would like to add to the formality of how we begin the Council meetings by
asking scouting organizations in town to present the colors. He thought this
would be a nice way to begin our meetings, and it would be a good way to
further introduce the kids to our process.
Council Member Butcher returned to the meeting at 7:40 PM.
Butcher thought it was a great idea.
Aho thought this is a wonderful idea and would be good for the community
and good for the youth in the community to be a part of City government.
Nelson agreed that it would be fun for the kids to do and fun for the parents
to have them take part.
Neal said when Mayor Young brought this to his attention he made a quick
inquiry to a couple of scouting groups and they were very interested in this.
He didn't want to go any further with plans until the Council had a general
discussion about it, but he will now develop a protocol and a schedule and
will shoot to begin in January.
B.REPORT OF CITY MANAGER
1.Meeting with Vice Mayor Xintao Xiao
Neal said he recently met with Vice Mayor Xintao Xiao from the City of
Loudi. She is the Vice Mayor for Education in Loudi. She presented the
City with a panel of fabric and a painting, and those items will be displayed
at City Hall.
2.Set Date for 2008 Planning Retreat
Neal said he hopes to schedule the retreat soon and needs to get an idea of
Council Members' availability. He thought it could be a six-hour time
period on a Friday or Saturday in January. The discussion at the retreat
would center on the new comprehensive land use plan or Guide Plan. He
CITY COUNCIL MINUTES
December 3, 2007
Page 6
said staff hopes to draw a lot of policy guidance from the Council
discussion about the new plan.
Council Members agreed on Saturday, January 19, 2008, as the date for the
Planning Retreat. Neal said he will supply more details later.
C.REPORT OF 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
Nelson asked to discuss an item that should have been included under Reports of Council
Members Reports .She attended the regional meeting of the League of Minnesota Cities
last week, and they are encouraging all councils to have a workshop or discussion of their
Emergency Management Plans on subjects such as bird flu. She said they also urged the
cities to take this to a public discussion. She would like to see that put on our workshop
agenda sometime in the next several months.
Neal said he would be happy to do that, and will work with Fire Chief Esbensen to
schedule that for one of our workshops in early 2008.
XVI.ADJOURNMENT
MOTION: Duckstad moved, seconded by Aho, to adjourn the meeting.Motion carried
5-0.Mayor Young adjourned the meeting at 7:45 PM.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar December 18, 2007
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.
2008 Renewal Licenses
On-Sale Liquor
Kabuki, Inc
DBA: Kabuki Restaurant
On-Sale and Sunday Liquor
Applebee's Restaurants North LLC
DBA: Applebee's Neighborhood Grill &
Bar
Bearpath Golf & Country Club, Ltd Ptsp of
MN
DBA: Bearpath Golf & Country Club
Bent Creek Golf Club, Inc
DBA: Bent Creek Golf Club
Biaggi's Ristorante Italiano, LLC
DBA: Biaggi 's Ristorante Italiano
Leiserv, Inc
DBA: Brunswick Zone - Eden Prairie
BUCA Restaurants 2, Inc
DBA: BUCA di BEPPO
Campiello, LLC
DBA: Campiello
Annies Restaurants II, LLC
DBA: Canyon Grille
Champps Operating Corporation
DBA: Champps Americana
Courtyard Management Corporation
DBA: Courtyard By Marriott
Don Pablo's Operating Corp.
DBA: Don Pablo's Grille Mexicana
TA, Inc
DBA: Great Mandarin
Purple Star, Inc
DBA: Green Mill of Eden Prairie
Shady Oak Hospitality, Ltd Ptsp
DBA: Hilton Garden Inn Minneapolis/Eden
Prairie
Eden Prairie Jakes, Inc
DBA: Jake's City Grille
LTF Club Operations Company, Inc
DBA: Zah-tar
Wadsworth Old Chicago, Inc
DBA: Old Chicago
Olympic Hills Corporation
DBA: Olympic Hills Golf Club
Osaka Eden Prairie Inc.
DBA: Osaka Eden Prairie
Outback/Midwest II, LTD
DBA: Outback Steakhouse
1
City Council Agenda [December 18, 20071
Item Description
Page 2
Redstone American Grill, Inc
DBA: Redstone American Grill
RT Minneapolis Franchise, LLC
DBA: Ruby Tuesday
Sky Food Catering Inc.
DBA: Sky Food Catering
TGI Friday's of Minnesota, Inc.
DBA: T.G.I. Friday's
Timber Lodge Steakhouse, Inc
DBA: Timber Lodge Steakhouse
Wildfire Eden Prairie, LLC
DBA: Wildfire
Gemelli, LLC
DBA: Woody 's Shady Oak Grille
On-Sale Wine with Strong Beer
Phu Inc
DBA: Cam Ranh Bay
Chipotle Mexican Grill of Colorado, LLC
DBA: Chipotle
D'Amico & Sons, LLC
DBA: D'Amico & Sons
Detello's, Inc
DBA: Detello's Pizza & Pasta
EP Vietnamese Restaurant Inc
DBA: EP Vietnamese Restaurant
Fuddruckers, Inc
DBA: Fuddruckers
DBA: Hyatt Place Mpls/Eden Prairie
India Palace New, Inc
DBA: India Palace
NYT Enterprises, Inc.
DBA: Little Sushi on the Prairie
New Beijing, Inc
DBA: New Beijing Chinese Restaurant
The Noodle Shop Co., --Colorado, Inc
DBA: Noodles & Company
JSK Holdings LLC
DBA: Pastrami Jack's
Pei Wei Asian Diner, Inc
DBA: Pei Wei Asian Diner
Civitali Restaurant Corporation
DBA: Punch Neapolitan Pizza
On-Sale Club
Eden Prairie Lions Club, Inc
DBA: Eden Prairie Lions Club
3.2 Beer On-Sale
Davanni's, Inc
DBA: Davanni's Pizza & Hot Hoagies
Lions Tap, Inc
DBA: Lions Tap
CSM RI Eden Prairie ,L.L.C.
DBA: Residence Inn by Marriott
Minneapolis Southwest
Select Hotels Group LLC
City Council Agenda [December 18, 20071
Item Description
Page 3
3.2 Beer Off-Sale
Jerry's Enterprises, Inc
DBA: Cub Foods Eden Prairie
Jerry's Enterprises, Inc
DBA: Jerry's Foods Eden Prairie
Lions Tap, Inc
DBA: Lions Tap
PDQ Food Stores, Inc
DBA: PDQ Store #215
RBF Corp. of Wisconsin
DBA: Rainbow Foods #8848
Speedway SuperAmerica, LLC
DBA: SuperAmerica #4441
Speedway SuperAmerica, LLC
DBA: SuperAmerica #4159
Speedway SuperAmerica, LLC
DBA: SuperAmerica #4269
Cigarette &Tobacco Products
Anderson Market Inc
DBA: Anderson Market
KO-B, INC
DBA: Aztec BP
Bearpath Golf & Country Club, Ltd Ptsp of
MN
DBA: Bearpath Golf & Country Club
Colonial Auto Inc
DBA: BP Amoco
DBA: Cub Foods Eden Prairie
Ahlstrom Enterprises, Inc
DBA: Eagle Mobil
Kath Fuel Oil Service Co.
DBA: GAS/PLUS 17
Purple Star, Inc
DBA: Green Mill of Eden Prairie
HOLIDAY STATIONSTORES, INC
DBA: Holiday Stationstore #343
HOLIDAY STATIONSTORES, INC
DBA: Holiday Stationstore #386
Eden Prairie Jakes, Inc
DBA: Jake's City Grille
Jerry's Enterprises, Inc
DBA: Jerry's Foods Eden Prairie
Norseman Oil Co.
DBA: Mark's Hwy 5 BP
The W. Gordon Smith Co.
DBA: Mobil
Twin Cities Stores, Inc
DBA: Oasis Market #527
Wadsworth Old Chicago, Inc
DBA: Old Chicago
Olympic Hills Corporation
DBA: Olympic Hills Golf Club
PDQ Food Stores, Inc
DBA: PDQ Store #215
RBF Corp. of Wisconsin
DBA: Rainbow Foods #8848
Jerry's Enterprises, Inc
City Council Agenda [December 18, 20071
Item Description
Page 4
Randy's Bobby & Steve's Auto World
DBA: Randy's Bobby & Steve's Auto
World
Redstone American Grill, Inc
DBA: Redstone American Grill
Snyder's Drug Stores
DBA: Snyder's Drug Store #5054
Speedway SuperAmerica, LLC
DBA: SuperAmerica #4441
Speedway SuperAmerica, LLC
DBA: SuperAmerica #4159
Speedway SuperAmerica, LLC
DBA: SuperAmerica #4269
Walgreen Co.
DBA: Walgreens #06280
Walgreen Co.
DBA: Walgreens #05080
Wal-Mart Stores, Inc
DBA: Wal-Mart Store #1855
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda December 18, 2007
DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: VIII.B.
Office of the City Manager/Fee Schedule OrdinanceFinance, 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 for
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
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.
The first reading of the Ordinance was approved by the City Council at their December 3, 2007,
meeting.
Attachment
Proposed Ordinance
Summary for Publication
Report of Changes
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. -2007
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CHAPTER 25 BY ADOPTING A REVISED "FEE SCHEDULE FOR ADMINISTRATION
OF OFFICIAL CONTROLS", REPEALING ORDINANCE NO. 29 -2006 ,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 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 $30.00
$501 to $2,000 $30.00 1St $500 plus $3.65 each add'l $100 or
fraction thereof, to & including $2,000
$2,001 to $25,000 $84.75 1St $2,000 plus $16.60 each add'l $1,000
or fraction thereof, to & including
$25,000
$25,001 to $50,000 $466.55 1St $25,000 plus $12.15 each add'l
$1,000 or fraction thereof, to &
including $50,000
$50,001 to $100,000 $770.30 1St $50,000 plus $8.50 each add'l $1,000
or fraction thereof, to & including
$100,000
$100,001 to $500,000 $1,195.30 1St $100,000 plus $6.80 each add'l
$1,000 or fraction thereof, to &
including $500,000
$500,001 to $1,000,000 $3,915.30 1St $500,000 plus $5.60 each add'l
$1,000 or fraction thereof, to &
including $1,000,000
$1,000,001 & up $6,715.30 1St $1,000,000 plus $4.55 each add'l
$1,000 or fraction thereof
Buildin g Permit Other Ins p ections & Fees
Plan checking 65% of the building permit fee if
valuation is greater than $10,000
SERVICE FEE DESCRIPTION
Reinspection $50.00 Per hour
Demolishing or Razing $100.00
Buildings - Commercial
Building
Demolishing of Razing $25.00
Buildings - House
Demolishing or Razing $10.00
Buildings - Garage
Demolishing or Razing $10.00
Buildings - Accessory
Building
Demolishing or Razing $25.00
Buildings - Interior
Demo
Demolishing or Razing $25.00
Buildings - Exterior
Demo
Cash Park Fee
Single Family Unit $6,000.00 Per unit
All other residential $5,000.00 Per unit
Office, Commercial,$11,000.00 Per acre
Industrial
DEVELOPMENT
Community Develo p ment De p osit
0 to 40 Acres $3,600.00 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 $3,925.00
81+ acres $4,475.00
Guide Plan Char ge $610.00 Plus $5.00 per acre
Planned Unit $670.00 Plus $5.00 per acre
Development (P.U.D)
Fee
Planned Unit $670.00 Plus $5.00 per acre
Development
Amendment
Platting
Residential-0 to 10 units $435.00 Plus $5.00 per unit
Residential-11 or more $545.00 Plus $5.00 per unit
Commercial, Industrial,$435.00 Plus $25.00 per acre
Office, Public-0 to 3
acres
2
SERVICE FEE DESCRIPTION
Commercial, Industrial,$560.00 Plus $25.00 per acre
Office, Public-3.1 or
more acres
Site Plan Review
Administrative $300.00
Site Plan Review (City Council)
Multi-Family-0 to 10 $430.00 Plus $5.00 per unit
units
Multi-Family-11 or $535.00 Plus $5.00 per unit
more units
Commercial, Industrial,$430.00 Plus $25.00 per acre
Office, Public-0 to 3
acres
Commercial, Industrial,$550.00 Plus $25.00 per acre
Office, Public-3.1 or
more acres
ZONING
Commercial ,Industrial,Office, Public
0-3 acres $435.00 Plus $25.00 per acre
3.1 or more acres $550.00 Plus $25.00 per acre
Residential
0-10 units $435.00 Plus $5.00 per unit
11 or more units $550.00 Plus $5.00 per unit
Shoreland Mana gement Ordinance Permits
Temporary structure in $70.00
public waters
Change in structure in $70.00
public waters
Multiple dock or dock $70.00
excess of 75'
Zonin g Amendment and Zoning App eal
Zoning amendment $230.00 Appeal to Board of Adjustments and
Appeals
Variances Residential $325.00 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 $535.00 Includes variances associated with
properties zoned office, industrial,
commercial and residential
Variances Building or $230.00
Fire Code Appeal
ZONING-TELECOMMUNICATIONS
3
SERVICE FEE DESCRIPTION
Commercial Wireless Communications towers and/or antennas
Administrative $255.00 Towers and/or antennas meeting code
located on private property
Letter of Intent $2,000.00 Non-refundable Towers and /or antennas on City property
Letter of Intent $1,000.00 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
Variances required for See Development Fees
tower and/or antennas
Site Plan Review See Development Fees
required for tower
and/or antennas
ENGINEERING
Environmental $300.00 Plus $5.00 acre
Assessment Worksheet
(E.A.W.)
Excavation &Gradin g -Gradin g Permit Fee
101 to 1,000 cubic yards $44.00 1St 100 cubic yards, plus $21.20 for each
add'l 100 cubic yards or fraction thereof
1,001 to 10,000 cubic $235.00 1St 1,000 cubic yards, plus $18.00 for
yards each add'l 1,000 cubic yards or fraction
thereof
10,001 to 100,000 cubic $398.00 1St 10,000 cubic yards, plus $81.00 for
yards each add'l 10,000 cubic yards or fraction
thereof
100,001 or more $1,124.00 1St 100,000 cubic yards, plus $43.30 for
each add'l 10,000 cubic yards or fraction
thereof
Additional plan review $36.00*Per hour / Minimum charge is one half
fees hour required by changes, additions or
revisions to approve plans
Inspections outside $62.00*Per hour / Minimum charge is two hours
normal business hours
Reinspection fee $62.00 Each
Inspection for which no $62.00*Per hour / Minimum charge is one half
fee is specifically hour
indicated
Additional plan review $62.00*Per hour / Minimum charge is one half
required for changes,hour
additions, or revisions to
approved plans
*These fees are the greater of the fee stated or the total hourly cost of jurisdiction .This cost
shall include supervision ,overhead ,equipment, hourly wages and fringe benefits of the
emp loyees involved.
4
SERVICE FEE DESCRIPTION
Excavation &Gradin g -Plan Checkin g Fee
101 to 1,000 cubic yards $44.00
1,001 to 10,000 cubic $61.00
yards
10,001 to 100,000 cubic $61.00 1St 10,000 cubic yards, plus $30.80 for
yards each add'l 10,000 cubic yards or fraction
thereof
100,001 to 200,000 $338.00 1St 100,000 cubic yards, plus $16.90 for
cubic yards each add'l 10,000 cubic yards or fraction
thereof
200,001 cubic yards or $490.00 1St 200,000 cubic yards, plus $8.45 for
more each add'l 10,000 cubic yards or fraction
thereof
Additional plan review $36.00 Per hour / Minimum charge is one half
fees hour, required by changes, additions or
revisions to approve plans
Public Ri ght-of Way or Easement Vacation
Application Fee $279.00 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 $62.00
31 sq ft through 50 sq ft $82.00
in size
51 sq ft through 80 sq ft $103.00
in size
81 sq ft or over $129.00
Charge for returning $10.00
picked up signs
** The surface of double or multi-forced signs shall be combined for the purpose of determining
the amount of the fee.
En gineerin g - Land Develop ment 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 Ins p ection 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 $56.00 Per unit / Minimum $320.00 plus cost of
5
SERVICE FEE DESCRIPTION
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,$134.00 Per acre / Minimum $320.00
Office and Public
Administrative Land $71.00
Division
LGU Review
Min. payment is $250.$75.00 An hour
Plus cost of review by
special consultants
necessary as determined
by the City Manager.
Deposit required.
Payment is due after
completion of site
review activities, plan
review and/or prior to
release of plat
LGU Dep osit-Plan Review
An LGU deposit $3,000.00
agreement is required
for wetland alteration,
wetland replacement,
wetland restoration
and/or wetland bank
plan reviews
LGU Dep osit - Site Review
An LGU deposit $1,000.00
agreement is required
for site review and/or
wetland delineation
review
Section 2 .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 3 .This Ordinance shall become effective January 1, 2008.
6
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
3rd day of December ,2007, and finally read and adopted and ordered published at a regular
meeting of the City Council of said City on the 18th day of December, 2007.
ATTEST:
Kathleen Porta ,City Clerk Phil Young, Mayor
PUBLISHED in the Eden Prairie Sun Current on 12007.
7
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE -2007
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CHAPTER 25 BY ADOPTING A REVISED "FEE SCHEDULE FOR ADMINISTRATION
OF OFFICIAL CONTROLS", REPEALING ORDINANCE NO. 29-2006 ,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 upon publication.
ATTEST:
Kathleen Porta ,City Clerk Phil Young, Mayor
PUBLISHED in the Eden Prairie Sun Current on
(A full copy of the text of this Ordinance is available from City Clerk.)
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2007-
A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE NO. 27-2007 AND ORDERING THE
PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. 27-2007 was adopted and ordered published at a regular
meeting of the City Council of the City of Eden Prairie held on the 18 th day of December, 2007.
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. 27-2007 is lengthy and contains charts.
B.The text of summary of Ordinance No. 27-2007, 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 Sun Current 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 27-2007 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 18, 2007.
Phil Young, Mayor
(Seal)
ATTEST:
Kathleen Porta ,City Clerk
EXHIBIT A
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE 27-2007
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:
Summary: This ordinance amends Chapter 25 of the City Code by amending the fees established
pursuant to Ordinance 29-2006 which established pursuant to Minnesota Statute a fee schedule
for the City's costs in administering Official Controls. As also 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 upon publication.
ATTEST:
Kathleen Porta ,City Clerk Phil Young, Mayor
PUBLISHED in the Eden Prairie Sun Current on
(A full copy of the text of this Ordinance is available from City Clerk.)
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda December 18, 2007
DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: VIII.C.
Sue Kotchevar, Office of the Adopt City's Capital Asset PolicyCity Manager/Finance
Requested Action
Move to :Adopt City's Capital Asset Policy.
Synopsis
The City's Capital Asset policy was last updated in 1999 when the materiality level for recording
fixed assets was changed from $200 to $2,000. In order to keep up with current standards and to
improve the efficiency of finances processes , the updated policy changes the materiality level for
recording assets from $2,000 to $10,000.
Attachments
Policy
CITY OF EDEN PRAIRIE ,MINNESOTA
Capital Assets Policy and Procedures
The City of Eden Prairie officials and staff have a stewardship responsibility for the financial
resources of the City. Capital assets are the single largest component of this resource since they are
the most valuable and numerous; therefore, it is essential that the City establishes and maintains a
capital asset system that serves as a permanent record. The purpose of the system is to provide a
complete accounting of assets owned, to facilitate proper insurance coverage to safeguard against
loss, to better plan for asset replacement, to maintain proper general accounting procedures, and to
provide necessary data in the preparation of complete financial reports.
1.Goal
The establishment and maintenance of a capital asset system is essential to provide
management with data for the physical and dollar value control of assets.
II.Management Objectives
The management objectives of the capital asset system are:
1.Assign responsibility for the custody and proper use of assets to departmental staff.
2.Substantiate valuation of capital assets in accordance with Generally Accepted
Accounting Principles (GAAP) for fiscal reporting.
3.Define assets to be included in the capital asset system.
4.Define procedures for recording additions, deletions and transfers of capital assets in the
capital assets system.
5.Define assets to be counted on a periodic basis.
6.Serve as a basis for valuation for insurance purposes and to provide a record of assets
insured.
7.Assist in the budget preparation, analysis and approval.
III.Definition
According to Governmental Accounting ,Auditing and Financial Reporting (GAAFR), a
capital asset is defined as a specific piece of property which has the following attributes:
1.It is tangible in nature in that the physical substance does not materially change its form
through use.
2.Its expected useful life is greater than one year.
3.It has significant value. In the City of Eden Prairie's financial system (beginning
1/1/2007), significant value means that it has a cost greater than $10,000 for all capital
assets.This applies to individual items rather than to groups of similar items (e.g.: desks
and tables).
4.Governments should exercise control over their non-capitalized tangible capital-type
items by establishing and maintaining adequate control procedures at the department
level.Computers and software do not meet the criteria of a capital asset and therefore
the City will not recognize them as capital assets.
IV.Valuation
When establishing the value of the capital asset, one of the following valuations must be
used:
Actual Cost :The purchase price plus any additional charges incurred to place the asset in a
position or location ready to serve the City.Additional charges consist of freight charges,
site preparation costs ,insurance on equipment while in transit ,installation costs, legal fees
and professional fees.
Estimated Cost: Initial costs of capital assets usually are readily ascertainable from
contracts, purchase orders, and other transaction documents at the time of acquisition or
construction. In the case where the original purchase documents are not available, or would
require an inordinate amount of resources to obtain, an estimate of the original cost of such
assets will need to be made. The estimated cost will have a short-run significance because,
as older assets are retired and replaced, estimated costs are replaced by properly recorded
actual cost amounts.
Estimated Fair Value Cost (Used for donated assets ):The estimated amount at which a
willing buyer would pay a willing seller ,with both parties having knowledge of all relevant
facts pertaining to the asset.
V.Treatment of Costs Subsequent to Acquisition
An existing capital asset may incur additional costs during its useful life. The costs to be
added to the value of the capital asset are:
Additions :Costs that can be associated with an existing asset and will provide future
benefits (e.g. building addition). These additions are considered a fixed asset and should be
added to the value of the asset.
Betterments :Costs that improve or extend the life and/or potential of an existing asset (e.g.
automobile engine replacement). These betterments are considered a fixed asset and should
be added to the value of the asset.
Additional costs may be incurred to certain capital assets that should not be included in the
value of the asset, such as:
Repairs and Maintenance :Repairs and maintenance are considered ordinary maintenance
and do not increase the value and/or life of the asset. These repairs and maintenance are
considered an expenditure and are not added to the value of the asset.
VI.Retirement and Changes
The term retirement is used to describe the removal of a capital asset from the capital asset
system. The various types of retirement are defined below and must be reported to Finance
using the forms attached to ensure that changes are entered in the capital assets system.
Scrap (SC). Capital assets that have outlived their usefulness due to age, change of style,
legislation, or other causes having no physical relation to the object affected are included in
this category. The asset may still be operable, but it has lost its usefulness to a particular
department.
Sale of a Capital Asset (SA).Capital assets that are to be sold are subject to the
requirements described in Minnesota state statute. Items that are sold will be retired from
the capital asset system by Finance.
Trade In (TR).Items of property, plant and equipment exchanged or traded in for newer
assets.
VII.Depreciation Method
The City of Eden Prairie uses the straight line method of depreciation .The City has elected
to use the modified approach for its infrastructure assets.The City will calculate
depreciation for infrastructure assets in the capital asset system, but will not record the
depreciation expense in the financial statements.
If the asset was purchased before the 15th, a full month of depreciation will be taken;
otherwise the asset will not be depreciated until the following month.
VIII .Procedures
Assigning Contact Person :It is the Department's responsibility to assign at least one
contact person to be in charge of their capital assets.This person will be responsible for
making sure procedures are followed correctly, communicating with Finance when questions
arise and appropriate forms are completed.
Conducting Year -End Inventory: Based on the schedule below, Finance will provide
departments with a printout of their assets .Departments should review the list and verify the
information in the capital asset system is accurate and notify Finance of any discrepancies.
IX.Departments Responsible for Conducting Physical Inventory
1st Year
Office of the City Manager
Public Works
Water, Sewer and Storm Utility
2°a Year
Parks and Recreation
Community Development
Police
Fire
Liquor
X.Object Definitions
Land - All real estate purchased by the City.
Land Improvements - Improvements made to land such as parking lots, lawn sprinkler
systems, athletic fields, fountains, memorial statues, stadiums and landscaping.
Buildings -Buildings are defined as structures to house equipment, services or functions.
Capitalized costs include the cost of construction or the market value at acquisition,
building components and building services (e.g. HVAC systems, sprinkler systems,
plumbing, electrical, filtration systems, elevators, floors and carpeting). Land acquisition
costs are not included as part of building costs.
Utility System - Consists of water and sewer, storm drainage and collection (e.g. lift
stations) systems.
Infrastructure - Public systems of roadways, curbs and gutters, bike or jogging trails,
sidewalks, street lights, traffic signals, traffic interceptors and bridges.
Leasehold Improvements - Improvements to a building that the City is leasing.
Machinery &Equipment - Trailers, snowplows, groundmasters, bobcats, generators,
tractors and equipment used in the manufacture of water are examples of items listed in
this category.Not included in the Capital Asset System are work surfaces, chairs, filing
cabinets and general office supplies.
Auto - Cars, fire trucks, police cars, trucks, vans and other automobiles are included in
this category.
Other - Exercise equipment, communication equipment, security system equipment, ice
arena equipment, play structures and sirens are examples of items included in this
category.
XI.Useful Lives
Land Improvements 10-25 years
Buildings 5-25 years
Utility System 50-60 years
Infrastructure 10-50 years
Leasehold Improv.15-25 years
Machinery & Equip .10-20 years
Auto 10 -20 years
Other 5 -30 years
CITY COUNCIL AGENDA DATE:
SECTION:Consent Calendar December 18, 2007
DEPARTMENT/DIVISION:ITEM DESCRIPTION: IC 02-5553 ITEM NO.: VIII.D.
Public Works / Engineering Resolution approving MnDOT
Rodney Rue Maintenance Agreement for TH 62 Trail
Between Baker Road & Beach Road
Requested Action
Move to:Adopt Resolution approving Maintenance Agreement with MnDOT for the TH 62
Trail between Baker Road (CSAH 60) and Beach Road.
Synopsis
This Agreement outlines the City's maintenance responsibilities for the replacement trail along
the south side of TH 62 between Baker Road (CSAH 60) and Beach Road.
Background Information
This trail was constructed this year as a separate project from the 1-494 Design-Build Project.
This trail existed prior to the reconstruction of 1-494, but was inadvertently not included in that
project.Upon realizing the omission of this trail section, we requested that MnDOT construct
the trail as part of the 1-494 Design-Build Project or as a separate project.
Attachments
•Resolution
•MnDOT Agreement No. 92053
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2007-
APPROVE MNDOT MAINTENANCE AGREEMENT FOR THE TH 62 TRAIL
BETWEEN BAKER ROAD (CSAH 60) AND BEACH ROAD
(I.C.02-5553)
WHEREAS, the Minnesota Department of Transportation (MnDOT) has constructed trail
improvements on the south side of TH 62 between Baker Road and Beach Road; and
WHEREAS, the Minnesota Department of Transportation (MnDOT) has prepared a
Maintenance Agreement that identifies maintenance responsibilities for said trail project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie that
said Maintenance Agreement No. 92053 is hereby approved and the Mayor and City Manager
are authorized to execute the agreement on behalf of the City of Eden Prairie.
ADOPTED by the Eden Prairie City Council on December 18, 2007.
Phil Young, Mayor
ATTEST:SEAL
Kathleen Porta ,City Clerk
MINNESOTA DEPARTMENT OF TRANSPORTATION
MAINTENANCE AGREEMENT
PREPARED BY Mn/DOT
METRO DISTRICT AGREEMENT NO.
MAINTENANCE OPERATIONS 92053
AGREEMENT BETWEEN
THE STATE OF MINNESOTA,DEPARTMENT OF TRANSPORTATION,
AND
THE CITY OF EDEN PRAIRIE
FOR
Maintenance of the Trunk Highway 62 eastbound bike and pedestrian trail along the south side of Trunk
Highway 62 from Baker Road to Beach Road within the corporate limits of the City of Eden Prairie upon
the terms and conditions set forth in the Agreement.
THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of
Transportation,hereinafter referred to as the "State" and the City of Eden Prairie ,Minnesota ,acting by
and through its City Council , hereinafter referred to as the "City'.
Mn/DOT Agreement No. 92053
WHEREAS,State is about to perform construction of the trail on Trunk Highway 62 right-of-way within the
corporate City limits,in accordance with State prepared plans ,specifications, and special provisions, for
which the project has been designated State Project No. 2773-05; and
WHEREAS, State and City are empowered to enter into agreements pursuant to Minnesota Statutes
Section 471.59; and
WHEREAS ,pursuant to Minnesota Statutes ,Section 161.38, the parties desire to enter into an
agreement relating to the maintenance of the Trunk Highway 62 eastbound bike and pedestrian trail
along the south side of Trunk Highway 62 from Baker Road to Beach Road within the corporate City limits
upon the terms and conditions set forth in this Agreement; and
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS
1.GENERAL PROVISIONS
A.Upon satisfactory completion of the construction of the trail to be performed under the State
construction contract , the City will provide for the proper maintenance of the trail located within Trunk
Highway 62 right-of-way and all facilities a part thereof as shown in Exhibit A, which is attached and
incorporated into this agreement ,without cost or expense to the State.
B.The City will provide routine trail maintenance in accordance with the standards and guidelines the
City uses to routinely maintain its bike and pedestrian trails and will include but is not limited to the
following:
1.Operate the trail in accordance with the standards and guidelines the City uses to operate its bike
and pedestrian trails; and
2.Monitor and evaluate trail use and determine if expected winter usage warrants keeping the trail
open and reasonably free and clear from snow and ice during the winter season; and
3.Maintain the trail so as to keep it in good repair and free from obstructions and impediments that
may interfere with the passage of bicycle /pedestrian traffic.Maintenance will include all
necessary preventive and corrective maintenance to preserve the trail; and
4.Use snow and ice control measures as warranted to keep the trail reasonably clear of snow and
ice and undertake proper and timely cleaning when necessary, in accordance with the standards
and guidelines the City uses to operate its bike and pedestrian trails. This includes the removal
of snow and ice that many accumulate as a result of snow and ice operations on Mn/DOT's
highways; and
5.Maintain the trail signing , striping, and fencing; and
6.Perform all necessary maintenance of vegetation and landscaping alongside the trail, including
necessary and regular mowing, tree, shrub and flower maintenance and replacement , noxious
weed control,and litter or debris collection and disposal.
7.Maintaining the trail in compliance with the American with Disabilities Act Title II.
C.The City will furnish all labor, equipment ,materials ,supplies ,tools, and other items necessary for the
performance of the services to be provided for by the City under this Agreement.
D.The City will hold the State harmless from any liability claims due to maintenance of, or failure to
maintain the trail.
E.If in the future the State needs to modify the trail for trunk highway use, the State and City will enter
into a new maintenance agreement.
II.CONSIDERATION AND TERMS OF PAYMENT
2
Mn/DOT Agreement No. 92053
The City agrees to perform the duties herein in consideration of State's construction of the trail on
trunk highway right-of-way.
III.TERM OF AGREEMENT
This Agreement will be in effect until superseded by another agreement between State and City.
IV.AUTHORIZED REPRESENTATIVE
A.State 's Authorized Representative for the purposes of the administration of this Agreement
is Beverly Farraher ,Assistant District Engineer -Maintenance ,Minnesota Department of
Transportation Metro District, 1500 West County Road B2, Roseville ,Minnesota 55113,
(651) 234-7901, or her successor.
B.The City's Authorized Representative for the purposes of the administration of this
Agreement is Gene Dietz, Public Works Director ,City of Eden Prairie ,8080 Mitchell Road,
Eden Prairie ,Minnesota 55344, (952) 949 -8310, or his successor or his authorized
representative.
C.State 's Authorized Representative will have final authority for acceptance of maintenance services
performed by City under this Agreement.
V.ASSIGNMENT
A.No party will assign or transfer any rights or obligations under this Agreement, in whole or in part,
without prior written consent of the other.
B.All contracts and agreements made by any party with additional parties for the performance of any work
to be done under this Agreement will be made in accordance with the terms of this Agreement and
comply with State of Minnesota law.
C.This Agreement will not be construed as a relinquishment by State of any powers or control it may
have over the trunk highway covered under this Agreement.
VI.MERGER/AMENDMENTS
This Agreement contains all negotiations and agreements between the State and City. No other
understanding regarding this agreement ,whether written or oral ,may be used to bind either party.
Any amendments to this Agreement must be in writing, and must be executed by the same parties
who executed the original Agreement ,or their successors in office.
VII. LIABILITY
A.The employees and agents of the City will not be deemed to be employees of the State for any
reason.
B.Each party will be solely responsible for its own acts and omissions, the acts and omissions of its
employees ,and results thereof to the extent authorized by law .The parties will not be responsible for
the acts of any others and the results thereof.
C.Liability of State will be governed by the provisions of Minnesota Statutes Section 3.736 and the
3
Mn/DOT Agreement No. 92053
liability of City will be governed by Minnesota Statutes Chapter 466. This clause will not be construed
to bar any legal remedies each party may have for the other party's failure to fulfill its obligations
pursuant to this Agreement.
D.Each party to this Agreement will defend at its sole cost and expense any action or proceeding
commenced for the purpose of asserting any claim of whatsoever character arising in connection with
or by virtue of performance of its own work as provided herein.
VIII.WORKERS COMPENSATION
Each party will be solely responsible for its own employees for any workers compensation claims.
IX.CIVIL RIGHTS
The City must comply with the provisions of Minnesota Statutes Section 181.59 ,and any applicable
local ordinance relating to civil rights and discrimination.
X.STATE AUDITS
The books ,records ,documents ,and accounting procedures and practices of the City, relevant to this
Agreement ,will be subject to examination by the Mn/DOT Auditor ,the Legislative Auditor, or the
State Auditor ,as appropriate ,for no less than six years following the expiration of this Agreement.
XI.DATA PRACTICES
The State and the City must comply with the Minnesota Government Data Practices Act, Minnesota
Statutes Chapter 13, as it applies to any information provided to or by a party to this agreement.
XII. AGREEMENT APPROVAL
Before this Agreement will become binding and effective, it must be approved by a City Council
resolution ,and must be executed by State and City officers as provided by law.
4
Mn/DOT Agreement No. 92053
IN TESTIMONY WHEREOF the parties have executed this Agreement through their duly authorized
officials:
DEPARTMENT OF TRANSPORTATION CITY OF EDEN PRAIRIE
Recommended for approval:
By
Mayor
By
Metro District
ADE, Maintenance Date
Approved
COMMISSIONER OF TRANSPORTATION By
City Manager
By Date
Metro District
Authorized Signature
Date
COMMISSIONER OF ADMINISTRATION
By
Authorized Signature
Date
5
I
BEGIN CONSTRUCTION
TRAILI STA. 100+33
DRAWN BY: BRH
oilI I i^\
R/W -
00 *O **
O 00 O O O O OpU
O O
^ P 0 O O to 00 0 ^ 0
TRAILI
CONST. LIMITS
I10 `Ii
END CONSTRUCTION
TRAILI STA .105+66
R/W -L
LEGEND
3" CONCRETE WALK
BITUMINOUS MIXTURE SPEC. 2360
PEDESTRIAN CURB RAMP O1
WIRE FENCE DESIGN 6OV-9322
CONCRETE CURB AN() GUTTER DESIGN B624
lO SEE STANDARD PLATE 7036.
O2 USE OPTIONAL PARALLEL RAMP.
SEE STANDARD PLATE 7036 PAGE 2 OF 2.
USE MAX SLOPE BETWEEN TRUNCATED DOMES
AND END OF TRAIL CONSTRUCTION.
BEGIN CONSTRUCTION
TRAIL2 STA. 100+36
221 17
CONSTRUCTION PLAN
STATE PROD. NO. 2773-05 J.H. 62)SHEET NO. 15 OF 46 SHEETS
-TH62EB. -
lY 136100
B' WALK
DRAWN BY: BRH
BEGIN CONSTRUCTION
TRAIL2 STA.IOO 36
CHECKED BY: MH
CONSTRUCTION
IL2 SEA. 104+83
CERTIFIED BY
CONST. LIMITS
BEGIN CONSTRUCTION
TRAIL3 STA. 100+52
^-CENSEI -l-LIC. NO. 22117 DATE
CONCRETE CURB AND GUTTER DESIGN 8624
LEGEND
3' CONCRETE WALK
BITUMINOUS MIXTURE SPEC. 2360
PEDESTRIAN CURB RAMP O1
-00- WIRE FENCE DESIGN 605-9322
1O SEE STANDARD PLATE 7036.
O2 USE OPTIONAL PARALLEL RAMP.
SEE STANDARD PLATE 7036 PAGE 2 OF 2.
USE MAX SLOPE BETWEEN TRUNCATED DOMES
AND END OF TRAIL CONSTRUCTION.
MN/DOT'i,AGREEMENT NO. 92053 EXHIBIT A SHEET 1 OF 2
END CONSTRUCTION
TRAIL3 STA .108039
CONSTRUCTION PLAN
STATE PROJ. NO. 2773-05 (T.H. 62)SHEET NO.19 OF 46 SHEETS
CITY COUNCIL AGENDA DATE:
December 18, 2007
SECTION: Consent Calendar
DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.:
George Esbensen
Fire Department Award Bid for a Microwave Antennae
Requested Action:
Move to: Approve the purchase of a microwave radio antennae system from Harris Stratek for
the agreed to price of $199,038.00.
Synopsis
This pricing was the result of a public bid process with a bid opening on November 27, 2007.
There was only one respondent to this process. Over the course of the past four years the city
has been working on a transition plan to move to the Regional Radio System (ARMER).
Movement to this system will allow our city to operate seamlessly in multi jurisdictional and
multi-discipline emergency scenes.
Background
Money for this project was budgeted previously for use in the 2008 CIP process.
Attachments
Agreement and Addendums
Terms and Conditions
AGREEMENT
THIS AGREEMENT is made and executed the 18th day of December, 2007, by and between
the City of Eden Prairie, hereinafter referred to as the "Purchaser , and Harris Stratex Networks
Operating Corporation, a Delaware corporation, hereinafter referred to as the "Contractor.
WITNESSETH;
Purchaser and Contractor, for the consideration hereinafter stated, agree as follows:
1.Contractor 's Duties :The Contractor shall provide the equipment and construction
services specified in the Request for Proposal and Specifications (Project Manual) issued November
1, 2007, as amended by Addendums Nos. 1, 2, & 3 to the Specifications, and shall do everything
required by this Agreement and the Contract Documents. Contractor shall fully and satisfactorily
comply with the conditions of the Contract Documents and complete the work contemplated by this
Agreement in accordance with the Contract Documents.
2.Payment :Payments to the Contractor by the Purchaser shall be made as provided in
the Contract Documents.
3.Contract Documents :The Contract Documents consist of Instructions to Bidders,
Guide to Specifications, City's Detailed Terms and Conditions (Section 0), General Terms and
Conditions (Section 1) and Specification Sections 2, 28, 31, 49, 50 60, 61, 64 and 1001
("Specifications ), Addendums Nos. 1, 2, & 3 to the Specifications ("Addendum ), Contractor's
response to Purchaser's Request for Proposal (except as modified by Addendum 3) and all
documents identified in the Specifications and the Addendum. The Contract Documents are hereby
incorporated with this Agreement and are as much a part of this Agreement as if fully set forth
herein.This Agreement and the Contract Documents are the Contract.
4.Completion :The Contractor shall deliver all equipment and complete all
construction within ninety (90) days of receipt of Purchaser's purchase order in accordance with the
terms and conditions set forth in the Contract Documents.
5.Data Practices Act:The Contractor shall at all times abide by the Minnesota
Government Data Practices Act, Minn. Stat. ' 1301, et seq., to the extent that the Act is applicable
to data and documents in the hands of the Contractor.
6.Audits: The books, records, documents, and accounting procedures and practices of
the Contractor or other parties relevant to this agreement are subject to examination by the Owner
and either Legislative Auditor or the State Auditor for a period of six years after the effective date of
this Contract.
7.Income Tax Withholding :No final payment shall be made to the Contractor until
the Contractor has provided satisfactory evidence to the Owner that the Contractor and each of its
subcontracts has complied with the provisions of Minn. Stat. ' 290.92 relating to withholding of
1
income taxes upon wages.A certificate by the Commissioner of Revenue shall satisfy this
requirement.Note: This section applies to contractors who undertake to supply labor or a
combination of labor and materials for specific construction, repairs, rehabilitation or improvements.
It does not apply to contractors for maintenance services or dealers, merchants and suppliers who
supply materials only.
8.Worker's Compensation :Contractor represents and warrants that it has and will
maintain during the performance of this agreement worker=s compensation insurance coverage
required pursuant to Minn. Stat. ' 176.181, subd. 2 and that the certificate of insurance or the
written order of the Commissioner of Commerce permitting self insurance of worker=s
compensation insurance coverage provided to the Owner prior to execution of this agreement is
current and in force and effect.
9.Claims :To receive any payment on this Contract, the invoice or bill must include
the following signed and dated statement: AI declare under penalty of perjury that this account,
claim, or demand is just and correct and that no part of it has been
10.Contractor's Prompt Payment of Subcontractors :The Contractor shall pay to any
subcontractor within ten (10) days of the Contractor's receipt of payment from the Purchaser for
undisputed services provided by the subcontractor. The Contractor shall pay interest of one and a
half percent (1 2 %) per month or any part of a month to a subcontractor on any undisputed amount
not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid
balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor
shall pay the actual amount due to the subcontractor.
11.Discrimination :In performance of this contract, the Contractor shall not
discriminate on the grounds of or because of race, color, creed, religion, national origin, sex, marital
status, status with regards to public assistance, disability sexual orientation, or age against any
employee of the Contractor, any subcontractor of the Contractor, or any applicant for employment.
The Contractor shall include a similar provision in all contracts with subcontractors to this contract.
The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minn.
Stat. § 363.01, et sea., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities
Act of 1990.
12.Counterparts :This Agreement may be executed in multiple counterparts each of
which shall be considered an original.
13.Whole Agreement: This Agreement and the Contract Documents constitute the final
and complete agreement of the parties and shall supersede and replace any prior oral or written
agreements between Owner and Contractor. Any subsequent modification must be in writing signed
by both parties.
14.Governing Law: This Agreement shall be governed and construed under the laws of
the State of Minnesota.
2
IN WITNESS WHEREOF,the parties to this Agreement have hereunto set their hands as of
the date set forth above.
PURCHASER
City of Eden Prairie
By
Phil Young
Its Mayor
By
Scott Neal
Its City Manager
CONTRACTOR
Harris Stratex Networks Operating Corporation
By
Its
3
QUEST 1
ADD-01
QUEST 1
ADD-01
1 QUESTIONS RECEIVED DURING THE Q&A PERIOD
2
3 1.Is the RFP subject to union labor and /or prevailing wage requirements?
4 RESPONSE: Yes. The City Attorney has added a section to the addendum
5 describing such .See ADDENDUM 1.
6
7 2.The RFP states that the proposal should include State of Minnesota sales taxes. I
8 am of the understanding that systems connecting to the state 's Allied Radio
9 Matrix for Emergency Response (ARMER) system have a sales tax exemption.
10 Please let us know if this project has a sales tax exemption or clarify whether or
11 not we should include state sales tax in our response.
12 LJK RESPONSE:You are correct,the project falls under the ARMER exemption.
13 Please see Addendum 1.
14
15 3.Section 2.4.2 indicates that we need to provide 2 hours of battery back-up, but
16 section 31.5.1 indicates that we need to provide 4 hours of battery back-up.
17 Please clarify the desired battery back-up time.
18 LJK RESPONSE: 2 Hours.See Addendum 1 that corrects the conflict.
19
20 4.Section 31.5.3 requests that the batteries be sealed maintenance free batteries.
21 Can the Eden Prairie Fire Department state a preference for batteries with a 10-
22 year life span or a 20-year life span?
23 LJK RESPONSE: 20 Year.See Addendum 1.
24
25 5.Section 2.4.2 requests either a 24 or 48 volt battery system. Can the Eden Prairie
26 Fire Department tell us if they prefer a -24 VDC or a - 48 VDC power system?
27 LJK RESPONSE: -48 Volts .See Addendum 1.
28
29 6.On previous projects we have completed where one end of the microwave link is
30 located at Hennepin County's Napier Street location the county has allowed the
31 users (Edina ,Hopkins, Minnetonka ,and the Metropolitan Airport Authority) to
32 connect into the existing DC power system at that site.Has Eden Prairie made
33 similar arrangements or do we need to provide a separate power system for that
34 site.
35 LJK RESPONSE: Yes-correct to their batteries ,dehydrator,and mount in the
36 base of the Minnetonka rack. See Addendum 1.
37 END OF QUESTIONS
QUESTIONS AND ANSWERS PLUS ADDENDUM 1
EDEN PRAIRIE MICROWAVE Revision:Ori .
LJ K 1H I1-
Leonard J.Koehnen,PE
Consulting Engineer -Wireless Date :11-20-07
Telecommunications Systems & Facilities
"°'°°"L K h & A i Id J t
QUEST 1
eonar nen nc.oe ssoc a es,
9348 Jonathan Road Woodbury, MN 55125 QUEST 1
ADD-01 651-739-1614 len@911radio.net ADD-01
Page 1 of 3
1
QUEST 1
ADD-01
QUEST 1
ADD-01
ADDENDUM I
This does not change the proposal time table as shown in Schedule C .Please
place a copy of this in the front of your specifications book and make changes/additions
to the document accordingly.
REGARDING SECTION 0:
Please add to Section 0, an additional section on prevailing wages. This is
a prevailing wage project per Minnesota Labor Law and the Hennepin
County rates apply .This attachment follows this addendum.
REGARDING SECTION 31:
31.3.3 DEHYDRATION EQUIPMENT:This only applies to the Eden
Prairie end. Use Hennepin County's master dehydrator system.
31.5 BATTERIES:Batteries only apply at the Eden Prairie end .Connect
to the master battery system at Hennepin.
31 .5.1 OPERATIONAL LIFE:Change to 2 hours to be consistent with
2.4.2.
31 .5.3 Use 20 year sealed batteries.
31 .5.5 BATTERY SAFETY KIT :Only furnish and install this at the Eden
Prairie end.
REGARDING TABLE 232:
RACKS-LOCATION 2: Change supply in size to "dna -does not apply.
Change the next entry to YES . Install the equipment in the bottom of the
existing Minnetonka rack at Hennepin County.
BATTERY POWER
o LOCATION 2:Use the existing master battery system at Hennepin.
o DURATION :Change to 2 hours.
REGARDING TABLE 233:
LOCATION 3:Make the same changes to the alternate route as required
in 232 but for LOCATION 3.
REGARDING TABLE 1001:
SALES TAXES:Remove all references to Sales Tax. Price your proposal
without Minnesota state sales tax because we have an exemption.
QUESTIONS AND ANSWERS PLUS ADDENDUM 1
EDEN PRAIRIE MICROWAVE Revision:Ori .
LJ K 1H I1-
Leonard J. Koehnen, PE
Consulting Engineer-Wireless Date:11-20-07
Telecommunications Systems & Facilities
L K h & A i Id J t
QUEST 1
eonar nen nc.oe ssoc a es,
9348 Jonathan Road Woodbury, MN 55125 QUEST 1
ADD-01 651-739-1614 len@911radio.net ADD-01
Page 2 of 3
QUEST 1
ADD-01
1
2 ATTACHMENT:
3 Prevailing wage changes.
4 END OF ADDENDUM 1
5 Leonard J. Koehnen, PE
QUEST 1
ADD-01
QUESTIONS AND ANSWERS PLUS ADDENDUM 1
EDEN PRAIRIE MICROWAVE Revision:Ori .
LJ K 1H I1-
Leonard J.Koehnen,PE
Consulting Engineer -Wireless Date :11-20-07
Telecommunications Systems & Facilities
"°'°°"L K h & A i Id J t
QUEST 1
eonar nen nc.oe ssoc a es,
9348 Jonathan Road Woodbury ,MN 55125 QUEST 1
ADD-01 651-739-1614 len@911radio .net ADD-01
Page 3 of 3
ADDENDUM TO THE CITY OF EDEN PRAIRIE REQUEST FOR PROPOSAL FOR A
LICENSED HIGH DENSITY MICROWAVE SYSTEM
EDEN PRAIRIE TO HENNEPIN COUNTY DATED NOVEMBER 1, 2007
The following provision is hereby added to Section 0, City's Detailed Terms and Conditions as
Section 0.8:
PREVAILING WAGES: This project is covered by Minnesota prevailing wage
statutes .Pursuant to Minnesota Statute §§ 177 .041-177.044, prevailing wages
shall be paid under this contract .No labor or mechanic employed directly on the
Project worksite by the CONTRACTOR or any SUBCONTRACTOR,agent, or
other person doing or contracting to do all or part of the work of the Project, is
permitted or required to work more hours than the prevailing hours of labor unless
paid for all hours in excess of the prevailing hours at a rate of at least 1-1 /2 times
the hourly basic rate of pay .A laborer or mechanic may not be paid a lesser rate
of wages than the prevailing wage rate in the same or most similar trade or
occupation in Hennepin County.The current prevailing wage rates certified by
the Minnesota Department of Labor and Industry ,prevailing hours of labor and
hourly basic rates of pay are attached hereto as Exhibit A.
The PURCHASER shall demand and the CONTRACTOR and
SUBCONTRACTOR shall furnish to the PURCHASER copies of any or all
payrolls not more than fourteen (14) days after the end of each pay period. The
payrolls must contain all data required by Minnesota Statute § 177.30.
P:\Home\1607.041\DOCUMENTS\Addendum to Terms and Conditions - Section 0 - 2007 11 19.doc
P:\Home\1607.041\Documents\Addendum to Terms and Conditions - Section 0 - 2007 11 19
ADD 2 Addendum 2 ADD 2Eden Prairie Microwave Project
1 Please add to your additional pages from Addendum 1 on Prevailing Wages the
2 following .This does not change the project schedule per Schedule C. Mark your proposal
3 with RECEIVED ADDENDUM 2
4
5 Prevailing hours of labor means the hours of labor per day and per week worked within
6 the area [Hennepin County] by a larger number of workers of the same class than are
7 employed within the area [Hennepin County] for any other number of hours per day and
8 per week. The prevailing hours of labor may not be more than eight hours per day or
9 more than 40 hours per week.
10 Hourly basic rate means the hourly wage paid to any employee.
11 Prevailing wage rate means the hourly basic rate of pay plus the contribution for health
12 and welfare benefits, vacation benefits, pension benefits, and any other economic benefit
13 paid to the largest number of workers engaged in the same class of labor within the area
14 [Hennepin County] and includes, for the purposes of section 177.44, rental rates for truck
15 hire paid to those who own and operate the truck. The prevailing wage rate may not be
16 less than a reasonable and living wage.
17 END OF ADDENDUM 2
18
19
Addendum 2
EDEN PRAIRIE MICROWAVE Revision:Ori .
LJ K 1H I1-
Leonard J.Koehnen, PE
Consulting Engineer -Wireless Date :11-21-
w-.. .......
°
Telecommunications Systems & Facilities 2007°1O "Leonard J Koehnen & Associates Inc
AD D2
.,
9348 Jonathan Road Woodbury, MN 55125 ADD 2651-739-1614 len@911radio.net
Page 1 of 1
ADDENDUM NO.3
CITY OF EDEN PRAIRIE REQUEST FOR PROPOSAL
FOR A LICENSED HIGH DENSITY MICROWAVE SYSTEM
EDEN PRAIRIE TO HENNEPIN COUNTY
DATED NOVEMBER 1, 2007
1.2
Amend this paragraph by adding "PURCAHSER acknowledges that professional services
are not part of this Contract and, therefore ,CONTRACTOR is not required to carry
professional liability insurance coverage after "...in the State of Minnesota.
1.2.2
Amend this paragraph by adding "negligent after "in consequence of the and before
"performance.
1.7.3
Delete this paragraph and replace it with the following:
"The PURCHASER reserves the right to request copies of records from CONTRACTOR
directly related to CONTRACTOR 'S invoices under this CONTRACT for reasonable
audit purposes.
1.8.1
Amend this paragraph by deleting the last sentence and replacing it with:
"If granted, the PURCHASER will withhold monies in relation to 1.5 times the cost of
the deliverable if, after the PURCHASER has given written notice of the non-compliance
and at least a thirty (30) day period with which to cure such non-compliance,
CONTRACTOR fails to cure such non-compliance. Purchaser shall only release the
retained monies upon satisfaction of the condition that was suspending final acceptance
and compliance with these specifications.
1.8.2
Delete this paragraph and replace it with the following:
"Warranty for equipment (s) and/or product (s)under this CONTRACT shall be for a
period of twenty -seven (27) months from the date of shipment.The warranty period for
labor and services shall be six (6) months from final acceptance.
1.9.3
Delete this paragraph and replace it with the following:
"CONTRACTOR does not have presence to provide on-site support in Eden Prairie,
Minnesota .PURCHASER,at its expense ,may partner with Hennepin County,Uppman
Technical Services, Inc. or any other entity of its choice for warranty service.
1.9.4
Deleted.
1.10
Amend this paragraph by adding the following at the end of the first sentence:
"and verifying compliance with the specifications.
1.11.4
Amend this paragraph ,UNCORRECTED WORK,to paragraph number 1.11.5.
Delete this paragraph and replace it with the following:
"If by the end of the project as outlined in Schedule C, there is equipment(s) and/or
product(s) (including modifications thereto) and/or services that cannot be completed
compliantly by the CONTRACTOR, after the CONTRACTOR as been given written
notice of the non-compliance at least thirty (30) days within which to cure such non-
compliance, the PURCHASER will have the following recourse:
a.Refuse the product(s), equipment(s), and/or service(s) and be credited 100%
of the value of the non-compliant equipment(s) and/or product(s) from the
total price or in the case of services, only pay for that portion of the services
that were correctly performed;
b.Refuse the product (s),equipment(s) and/or service (s)and require the
CONTRACTOR'S surety to correct the work and finish the project per
specifications;
c.Accept the product(s), equipment (s) and/or service (s) and deduct a fair and
reasonable amount of the CONTRACT value of the uncorrected work had it
been finished in accordance with the specifications not less than 25% or more
than 75 % of the total value of the uncorrected portion; and
d.Hold the CONTRACTOR in default until the work is corrected;
2
e.If CONTRACTOR fails to cure its default as stated above , the PURCHASER
may hire to do the work themselves to correct the work and deduct any excess
cost (i.e.any costs incurred above the CONTRACT price PURCHASER
would have paid CONTRACTOR for performing the WORK as required
under the CONTRACT) from CONTRACTOR'S payment.
1.13
Delete this paragraph and replace it with the following:
"The CONTRACTOR shall defend, hold harmless, and indemnify at its sole expense,
including attorney's fees, the PURCHASER from any claim of infringement of U. S.
Copyright or Patent.
1.16 (4)
Delete this sub-paragraph by replacing it with the following:
"Otherwise is guilty of an uncured material breach of a provision of the Contract
Documents.
1.16
Delete the last paragraph and replace it with the following:
"When any of the above conditions exist, the PURCHASER, after providing
CONTRACTOR written notice of the non-compliance and at least a thirty (30) days
period within which to cure such non-compliance, may by written notice notify the
CONTRACTOR that it is in default and that the CONTRACT is terminated. The
PURCHASER may then seize the WORK, take possession of the materials and
equipment supplied under the CONTRACT and finish the work itself or by entering into
another contract with others. Funds may be drawn from the performance bond. The cost
of finishing the work will be deducted from any monies the CONTRACTOR may be
due.
1.17
Amend this paragraph by adding "for all WORK and services rendered prior to
termination,after "paid compensation and before "in the same manner as set out in
Section 1.7.
3
1.20.1
Delete this paragraph and replace it with the following:
"RISK OF LOSS: The CONTRACTOR assumes all shipping charges and risk of loss
until the time of delivery to the location designated by PURCHASER evidenced by
signature of receipt of said equipment(s) or product(s) by an agent of PURCHASER.
1.20.5
The following paragraph shall be added as paragraph 1.20.5:
"PURCHASER shall not be responsible for any damage to equipment (s)and/or
product (s)occurring during shipment or prior to the unloading ,unwrapping and
inspection of equipment(s) and product (s) by Tom Uppman or by another individual
designated by PURCHASER. PURCHASER shall not be responsible for any concealed
damage or latent defects in equipment(s) and/or product (s) discovered after receipt of
said equipment (s) and/or product (s) and review by Tom Uppman or another individual
designated by PURCHASER. The warranty provided in paragraph 1.9 shall cover any
damage (visible or concealed)or patent or latent defects discovered to affect the
product (s) or equipment(s).
1.35.1.3
Delete this paragraph and replace it with the following:
"The CONTRACTOR warrants and represents the existence of policies governing the
actions of the CONTRACTOR and any employees or agents of the CONTRACTOR
regarding sexual harassment .The CONTRACTOR agrees to defend, indemnify, and
hold harmless the PURCHASER against claims arising out of CONTRACTOR'S
violation of applicable laws prohibiting sexual harassment .The CONTRACTOR also
understands and agrees that any violation of this provision is grounds to terminate the
CONTRACT.
Section 1.43
Delete this paragraph and replace it with the following:
"Passage of title (ownership )of the equipment (s) and/or product (s)being purchased
under this procurement shall occur at the time of delivery to the location designated by
PURCHASER evidenced by signature of receipt of said equipment (s) or product(s) by an
agent of PURCHASER.
END OF ADDENDUM
4
SECTION 0 -City's Detailed Terms and Conditions
0.0 GENERAL:This section provides specific details to the general terms and
conditions of Section 1.
0.1 PURCHASER: The PURCHASER per 1 .1.1 is the:
City of Eden Prairie ,Minnesota
Attention:Fire Department Communications
14800 Scenic Heights Road
Eden Prairie ,MN 55344
0.2 PROJECT ADMINISTRATOR :The Project Administrator per 1 .1.2 is:
Mark Vandenberghe
952-949-8368
0.3 STATE:State per 1.1.11 is :MINNESOTA.All mention of state and state laws in
this document shall mean Minnesota and Minnesota Statutes and Rules.
0.4 COPIES OF PROPOSAL :Please submit one original and 2 copies.
0.5 SALES TAXES:Minnesota requires all governmental entities to pay 6.5% sales
tax on all equipment and materials .The Bidders and the CONTRACTOR shall
carefully check with the PURCHASER that sales and excise taxes must are added
to the sale .This shall be factored into the BIDDER'S bid or the additional
equipment that may be ordered by the PURCHASER from the CONTRACTOR.
See Schedule C and the ANNOUNCEMENT for details.
IMPORTANT!
If you are not a sales tax payer in Minnesota, you still must collect this tax
and make payment to the State of Minnesota. No exceptions. If you take exceptions
to this, your bid will be dismissed.
Minnesota generally has no sales tax on labor but there are exceptions.
Please see web page http://www.taxes.state.mn.us/taxes /sales /index.shtml to answer
your questions. There is a sub page with numerous opinions on sales tax
applicability.
City's Detailed Terms and Conditions
Page 1 of 3
0.6 PRICING:Pricing should be furnished to PURCHASER using an Excel or equal
spreadsheet.
0.7.PURCHASER'S ADDITIONAL TERMS:
0.7.1 FINAL PAYMENT:Under Minnesota state law, to receive final payment
per Section 1.7 of Section 1 ,you must execute and furnish to the
PURCHASER two documents:
#1: Notarized letter stating all subcontractors and suppliers have been paid
in full.
#2: Evidence from the Minnesota Department of Revenue you have paid
the taxes collected from the PURCHASER on this project.
0.7.2 MAKE/MODEL RESTRICTION: PURCHASER will rely on Hennepin
County Radio Maintenance for back up support on the system being
proposed.The microwave being proposed must be presently in the
inventory of Hennepin County or by the 800 MHZ member cities that are
maintained by Hennepin County.A Harris Stratus Constellation
microwave or Harris Tru-Point microwave is required.
The BIDDER is required to quote from the federal GSA schedule, existing
contracts within the state of Minnesota, or within three percent (3%) of the
WSCA Contract. It is understood that Minnesota is not part of the WSCA
contract any longer and therefore quoting an exact WSCA contract price
or less is not allowed.
0.7.3 PROPOSAL EVALUATION:Proposals will be evaluated by the
ENGINEER and the PURCHASER based on the best interests of the
PURCHASER. Review and determination will consider such things as
form, fit, functionality, compatibility with existing systems and facilities,
price, quality, experience, compliance with the specifications, BIDDER
qualifications in similar applications, reliability, ability to perform on the
project, ability to provide service on the project, organization and quality
of proposal, and availability-not necessarily in that order.
0.7.4 PURCHASER'S RIGHTS: The PURCHASER reserves the right to
determine the best responsible proposal, adjust quantities to meet
budgetary constraints ,delete bid or proposal items in their entirety,
increase quantities ,waive irregularities, and to reject all bids or proposals
if it feels it is in PURCHASER 'S best interests.
PURCHASER reserves the right to require additional information from
the BIDDER and to conduct necessary investigations to determine product
reliability ,vendor performance and to determine the accuracy of proposal
information .BIDDERS may be required to make an oral presentation. A
proposal received from any BIDDER may be considered as "invalid",
City's Detailed Terms and Conditions
Page 2 of 3
should any requested information not be submitted.PURCHASER has
the right to reject any and all proposals for any reason.
Purchaser shall not be liable for any cost incurred by the BIDDERS
prior to execution of a contract .Upon determination of the apparent
successful BIDDER, PURCHASER will negotiate a contract covering the
system. If for any reason the successful Bidder does not agree to a contract
within 90 days, the proposal may be rejected, and PURCHASER may then
commence negotiations with the next best BIDDER as determined from
their relative rankings. PURCHASER reserves the right to reject any and
all proposals and to waive any technicalities in the proposals received, and
to accept the proposal which may best serve the PURCHASER'S interest
on the basis of considerations other than the lowest price.
C:\Documents and Settings\HP_Administrator\My Documents \Project2\EDEN\join-metro800-
2005\SPECIFICATIONS\attomey\SECTION 0 - City's Detailed Terms and Conditions2007 -10-26LJK.doc
City's Detailed Terms and Conditions
Page 3 of 3
SECTION 1 - General Terms and Conditions
1.0 GENERAL: This section of the specifications describes the General Terms and
Conditions of the project. It is intended that this section complement the PURCHASER'S
detailed terms and conditions located within Section 0. These conditions apply to the progress of
the contract.
1.1 DEFINITION OF TERMS: Whenever the specifications or Contract Documents contain
the following terms ,or pronouns in place of them, or abbreviations ,the intent and meaning shall
be interpreted as follows:
1.1.1 PURCHASER :The purchaser of this system is defined in Section 0.1 and
hereafter known in these specifications as the PURCHASER.
1.1.2 PROJECT ADMINISTRATOR: The project administrator for this project who is
an employee of the PURCHASER is defined in Section 0.2.
1.1.3 ENGINEER: Leonard J. Koehnen and Associates, Incorporated. The project
engineer is:
Leonard. J. Koehnen, PE.
Leonard J. Koehnen and Associates, Inc.
9348 Jonathan Road Woodbury, Minnesota 55125
651-739-1614 Voice E-mail Address: lend 91 ]radio. net
Herein referred to as the ENGINEER.
1.1.4 BIDDER: An offerer of equipment and services in a formal bid to the
PURCHASER for the WORK described herein.
1.1.5 CONTRACTOR:The successful BIDDER who has been formally awarded the
contract ,who has supplied an acceptable performance bond, and executed all contractual
documents .This party is and shall act as an independent contractor and not an employee
of the PURCHASER under Internal Revenue Service definitions. Nothing in or done
pursuant to ,these specifications shall be construed to create the relationship of principal
and agent ,partners,or a joint venture between the PURCHASER and the
CONTRACTOR unless the specifications explicitly state such a relationship is desired.
1.1.6 DAYS:The term days shall always mean calendar days.
1.1.7 SUPPLIER:A supplier is a firm or individual who is furnishing supplies,
General Terms and Conditions
Page 1 of 22
materials, assemblies ,or finished equipment to the CONTRACTOR. The SUPPLIER is
fully responsible to the CONTRACTOR for payment and adherence to the specifications.
The CONTRACTOR shall supply and maintain a current copy of the specifications at the
SUPPLIER'S location.
1.1.8 SUBCONTRACTOR:A supplier of equipment and/or services to the
CONTRACTOR. The SUBCONTRACTOR is fully responsible to the CONTRACTOR
for payment and adherence to the specifications .The CONTRACTOR shall supply and
maintain a current copy of the specifications at the SUBCONTRACTOR'S location and
on the job site.
1.1.9 BID ITEM SCHEDULE:The table at the end of these specifications where each
bidder shall list their best and final price for each item .The BIDDER may replicate the
bid item schedule using a spreadsheet program.
1.1.10 WORK: WORK is defined as activities performed by the CONTRACTOR such
as,but not limited to, the supplying of new equipment, modification of existing
equipment ,installation ,removal, disposal ,warranty, rework,cleanup ,training ,testing,
inspections ,shipping ,and trade-in as described in the specifications.
1.1.11 STATE: Whenever the word "state is used as a governmental entity, it
shall mean the state of Minnesota.See Section 0.3.
1.1.12 GOVERNING LAWS/VENUE: This Contract and the rights and obligations of
the PURCHASER and the CONTRACTOR under this Contract shall be interpreted
according to the laws of the state of Minnesota .Venue,as to any dispute that may arise
under this Contract shall be Hennepin County,Minnesota .Hennepin County,Minnesota
shall be the exclusive venue for any such dispute resolution or litigation ,whether or not
such venue is or subsequently becomes inconvenient .CONTRACTOR agrees to submit
to personal jurisdiction of the Court in Hennepin County,Minnesota.
1.1.13 CONTRACT: The binding agreement between the PURCHASER and the
CONTRACTOR. These specifications in their entirety form the primary basis of the
Contract. Additional pages to the Contract will be added for signatures, additional terms,
resolutions,and any changes to the specifications as mutually agreed upon.
CONTRACTOR or BIDDER supplied purchase agreements are not the Contract.
1.1.14 BID OR PROPOSAL: See Schedule B. Your bids and proposals will be evaluated
per Section 0.7.4.
1.2 INSURANCE:During the life of this Contract , the CONTRACTOR shall maintain the
following insurance with a carrier licensed to do business in the State of Minnesota.
Professional Liability *$2,000,000 aggregate
General Terms and Conditions
Page 2 of 22
Worker's Compensation
General Liability
Excess Liability
Automotive
Statutory
$1,000,000.00 each occurrence
$2,000,000.00 aggregate
$1,000,000.00 each occurrence
$2,000,000.00 aggregate
$250,000.00 Bodily Injury
$100,000.00 Property Damage
$250,000.00 Uninsured Motorist
Note *: Only required where professional services are offered.
1.2.1 CERTIFICATE: The CONTRACTOR shall deliver an insurance certificate to the
PURCHASER,naming the PURCHASER as an additional insured, as a condition of
award of the CONTRACT. The CONTRACTOR is responsible for the payment of all
deductibles .The PURCHASER shall be given thirty (30) days advance notice from the
carrier of cancellation.
1.2.1.1 DANGEROUS WORK: If the CONTRACTOR or any of their
SUBCONTRACTORS is performing dangerous work such as antenna and/or
tower installation ,OSHA defined confined space work ,tunneling or trenching
where humans can enter the tunnel ,explosives ,or work with dangerous tools.
Then a copy of the insurance endorsement for the firm performing the work shall
be forwarded to the PURCHASER along with the normal insurance certificate.
1.2.2 HOLD HARMLESS: The CONTRACTOR shall indemnify, defend, and hold
harmless the PURCHASER and the ENGINEER and their agents and employees from
and against all claims ,damages ,losses and expenses including attorney's fees, which they
may suffer or for which they may be held liable because of bodily injury, including death
at any time resulting there from, sustained by any person or persons or on account of
damage to property, including loss of use thereof, in consequence of the performance of
the work by the CONTRACTOR, its employees, agents, SUPPLIERS, or
SUBCONTRACTORS.
1.3 SECTIONS: References to section numbers within this document shall mean a reference
to all sub sections within the referenced section unless explicitly stated otherwise. This means
that if Section 2.1 is specified, that any sub-section such as 2.1.1 or 2.1.2 are also specified.
Exceptions to this will be specifically noted.
1.4 CHANGES: The PURCHASER may at any time due to unforeseen circumstances during
the progression of this Contract request a change to equipment ,services, installation, or supplies
in writing to CONTRACTOR.
General Terms and Conditions
Page 3 of 22
1.5 ERRORS AND OMISSIONS: Notwithstanding the provision of drawings, specifications,
or other data supplied by the PURCHASER, the CONTRACTOR shall have the responsibility of
notifying the PURCHASER and the ENGINEER of its conclusion that there may be an error
before supplying a bid or quotation .The CONTRACTOR is fully and solely responsible for
SUBCONTRACTOR and SUPPLIER performance.
1.6 SUPPLYING OF STANDARD OPTIONS AND FEATURES:The specifications may
focus on desired features of the radio system components .This does not mean the products and
system's standard features are not wanted ,and those features must be included by the BIDDERS
and the CONTRACTOR in their bids at no additional charge .The PURCHASER shall have the
right to purchase options for the products or services of this project even though they were not
required in the specifications.
1.7 PAYMENT TERMS:Payment terms shall be as follows ,net 30 -45 days.
NOTE: You will not receive any payment unless a properly executed 100%
performance and payment bond is provided to PURCHASER.
a.80% of the line item paid on full completion of the line item.
b.10% of the total when all line items are complete and the equipment and services
are functioning at or nearly specified levels or better. This is further defined
collectively as:
1.Work is complete enough for the PURCHASER to use the WORK for day to
day operations. Not just training.
2.Non functional or non compliance features or items may be present but not
hamper the PURCHASER's operation of the WORK.
3. The site need not be ready for final inspection, but the site must be maintained
per the ENGINEER's standards. Final programming parameters may have yet to
be made. Manuals may be incomplete or missing.
4.The ENGINEER is confident that the CONTRACTOR will successfully
complete the project per the specifications in a timely manner.
5.To receive the 10 %billing the CONTRACTOR must get approval from the
ENGINEER.
c.10% of the total sum of all line items on acceptance. This payment cannot be
made until certification of supplier and subcontractor payments is supplied. See
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Page 4 of 22
Section 1.8 (f).
1.7.1 REQUIREMENTS FOR FINAL CHECK :To receive a final 10% check you must
submit with final billing a notarized letter certifying all SUPPLIERS and
SUBCONTRACTORS have been paid in full and, any all liens because of work on this
project have been satisfied .In Minnesota ,two Department of Revenue forms are required
also. These are certifications that the sales taxes paid by the PURCHASER on this project
have been forwarded to the state and applicable state income tax withholding has been
paid on the company 's employees. Contact the Minnesota Department of Revenue for
additional information www.taxes.state.mn.us.
1.7.2 BILLING :Billing shall include shipping manifests on items received and eligible
for billing or a certification statement of equipment installation and operation per
specifications on installation or modification items.
1.7.3 AUDIT: The PURCHASER reserves the right to audit for proof of right to bill at
any time.
1.7.4 INTENTIONALLY LEFT BLANK.
1.7.5 WHAT CONSISTS OF FINAL INSPECTION:Final inspection will consist of
reviewing each sites technical base lining test book (See Section 60) and auditing
selected tests .In addition, the written specifications will be reviewed for all work
compliance paragraph by paragraph. The system will be operated by the ENGINEER and
monitored for compliance .Lastly, all WORK will be evaluated for compliance to codes
and standards that include but not limited to:
NEC - National Electric Code UBC Uniform Building
Code
FCC Regulations
FAA Re gulations
NATE:National Associations of EIA- Electronic Industries State &Federal
Tower Erectors standards Association and Standards regulations.
of good professional OSHA
workmanship ADA
Environmental
1.7.5.1 CONTRACTOR NOT PREPARED: If the ENGINEER is called to
the project and the CONTRACTOR is not ready for final inspection, the
inspection will cease .CONTRACTOR shall be billed for the additional incurred
costs to PURCHASER.
1.7.5.2 MULTIPLE FINAL INSPECTIONS: The ENGINEER will inspect
the CONTRACTOR'S WORK twice-once as a final inspection and once as a re-
inspection of corrected work .For inspections required beyond that,
CONTRACTOR shall be billed for additional incurred costs to PURCHASER.
1.8 ACCEPTANCE:Acceptance is defined as when all items below have been successfully
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Page 5 of 22
completed for that line item series. And
a.All equipment must be installed and fully functional per contract;
b.All services must be provided per contract;
c.All of the WORK has passed final acceptance inspection;
d.The system has operated successfully for thirty (30) days, after completion of (c),
without any major failure;
d.All manuals, drawings, deliverables, training, and instruction sets supplied in the
proper quantity; and
e.Notarized certification that all SUBCONTRACTORS and SUPPLIERS have been
paid in full. Contact the PURCHASER for proper format of this document.
1.8.1 CONDITIONAL ACCEPTANCE: If the CONTRACTOR,due to circumstances
beyond their control can not supply ,install,or make fully operational an item, the
PURCHASER,at its sole discretion ,may elect to grant conditional acceptance. If
granted , the PURCHASER will withhold monies in relation to 1.5 times the cost of the
deliverable and only release those monies on satisfaction of the condition.
1.8.2 EXTENSION OF WARRANTY: No warranty shall begin to run on the item until
the same is supplied, installed ,and made operational per these specifications
notwithstanding conditional acceptance.
1.9 WARRANTY: The CONTRACTOR shall warrant and guarantee the Work as follows:
1.9.1 NEW EQUIPMENT: The warranty period for all new equipment shall be from
the date of installation to acceptance and one year thereafter, parts and labor.
1.9.1.1 WARRANTY PASSES TO THE PURCHASER: The BIDDERS shall
certify that the warranty on all new equipment shall pass to the PURCHASER.
Respond at the end of this section.
I MANDATORY RESPONSE REQUIRED HERE
1.9.1.2 FACTORY AUTHORIZED TO PERFORM WARRANTY WORK: The
BIDDERS and the CONTRACTOR shall certify that the firm performing the
warranty work is factory trained and authorized to perform such work. Failure to
be an authorized field repair facility for critical equipment is considered to be
non-compliant. Critical equipment is Electronic consoles, fixed stations, mobile
stations, portable stations, voting systems, and licensed microwaves.Respond in
the Certificates Section at the end of the specifications.
I MANDATORY RESPONSE REQUIRED HERE
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Page 6 of 22
1.9.2 MODIFIED EQUIPMENT: The warranty period on modified equipment is 90
days parts and labor or the manufacturer's standard warranty whichever is greater.
The warranty is limited to work performed during modification.
1.9.3 WARRANTY SERVICE RESPONSE :The following will be the minimum
response times from technical service personnel to a call for service from the
PURCHASER.This first response shall be by phone within thirty (30) minutes of
the call . If the PURCHASER requires warranty service ,physical response shall be
in the time noted below from the phone call.
Critical Equipment:1-2 Hours Daily
Alternate or back up equipment:6 Hours Mon-Fri
1.9.3.1 CRITICAL EQUIPMENT:Critical equipment is defined as equipment, if
failed or reduced in operational ability ,will jeopardize the ability of the
PURCHASER to perform its tasks.
1.9.3.2 ALTERNATE OR BACKUP EQUIPMENT:This equipment that, if
failed or operationally impaired ,an alternate is available to continue operations.
1.9.4 LOCATION OF WARRANTY WORK: All warranty work is to be performed at
the PURCHASER'S location (s)within the response time listed above, with the following
exceptions:
a.The CONTRACTOR may be allowed to remove failed piece of equipment
from the project for analysis .The PROJECT ADMINISTATOR will be
notified prior to removal.
b.Portables and pagers may be warranted by a depot provided the
PURCHASER is given a prepaid shipping number ,a quantity of
appropriately sized shipping containers and packing materials .If there are
numerous warranty issues that are impacting the PURCHASER'S
employees work schedule , the CONTRACTOR is required to pick up the
failed radios and ship them themselves until the quantity subsides;
c.The PURCHASER may elect to drive a vehicle with a mobile or carry a
portable or pager to the warranty facility based solely on its convenience
and desire; or
d.The CONTRACTOR may repair a piece of the system that is connected to
diagnostic phone or Internet lines from a remote location.
1.10 USE AND POSSESSION BEFORE COMPLETION: The PURCHASER shall have the
right to use and test any completed or installed or partially installed or partially completed
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Page 7 of 22
equipment, supplies, goods, system or other work to be performed under this contract for the
purposes of in process inspection. Use of the equipment or system does not indicate that the
PURCHASER has accepted the equipment or the project.
1.11 QUALITY ASSURANCE AND INSPECTION: The CONTRACTOR shall maintain a
quality assurance and inspection program on all equipment, supplies ,and services performed on
this contract.
1.11.1 PRE-ACCEPTANCE INSPECTION BY CONTRACTOR:As the
CONTRACTOR is installing the WORK,inspections shall be performed .At the rear of
some of the Standard Specifications Sections are CONTRACTOR inspection sheets that
must be completed and kept at the WORK location before final inspection.
1.11.2 ACCEPTANCE INSPECTION: The CONTRACTOR shall provide the
ENGINEER with the personnel and test equipment necessary to perform the Acceptance
Inspection of the system .Test equipment will generally be, however not limited to, a
service monitor ,watt meter,phone circuit level meter ,etc.The CONTRACTOR shall
perform a pre-final inspection on the system before submitting it to the PURCHASER
and the ENGINEER for final inspection.
1.11.3 NOTIFICATION:The CONTRACTOR shall notify the PROJECT
ADMINISTRATOR in writing ten (10 )working days in advance of the desire to submit
the project to final acceptance inspection.
1.11.4 ITEMS TO BE INSPECTED: Key parameters and materials of all equipment,
services, and supplies will be inspected by the ENGINEER. The project will be inspected
for compliance to these specifications and any written modifications agreed to by both
parties.CONTRACTOR initiated deviations from the specifications in response to
verbal instructions not approved by the PURCHASER will be declared
non-compliant .The CONTRACTOR will be notified of compliance and non-compliance
conditions.
1.11.4 UNCORRECTED WORK:If by the end of project as outlined in Schedule C,
there is equipment ,services, and/or modifications that cannot be completed compliantly
by the CONTRACTOR, the PURCHASER will have the following recourse:
a.Refuse the product(s), modification(s), and service(s) and be credited 100% of
the value of the uncorrected work from the total price. Modified items shall be
restored completely to its original condition;
b.Refuse the product(s),modification (s),and service (s)and require the
CONTRACTOR'S surety to correct the WORK and finish the project per
specifications;
c.Accept the product(s), modification(s), and/or service(s) and deduct a portion of
the value of the uncorrected work not less than 25% or more than 75% of the total
General Terms and Conditions
Page 8 of 22
value; and
d.Hold the CONTRACTOR in default until the work is corrected. The
PURCHASER may hire or do the work themselves to correct the work and deduct
the cost from the CONTRACTOR'S payment.
1.12 MANUALS AND INSTRUCTIONS:Manuals and instruction sets shall be supplied in
the following quantities:
1.12.1 MANUALS: One copy of each maintenance manual to be left with each new
base, repeater, control station, or console per site. One set of manuals shall be delivered
to the Project Administrator for new fixed base,console ,mobiles, portables and
accessories and options.All manuals shall be marked on the face with the
PURCHASER'S name .The manual may either be on paper or a CD-ROM. If on a CD-
ROM, a reader such as Adobe Acrobat shall be provided.
1.12.2 MANUALS DUE: Complete manuals are due on site before acceptance.
1.12.3 SOFTWARE & PROM INFORMATION: The CONTRACTOR shall supply a
written (computer printout) and one software copy of all program, EEPROM, EPROM,
PROM etc programming, and any other information necessary to maintain the equipment
by the PURCHASER. This applies only to personality files of stations, mobiles,
portables ,consoles ,and other devices. Operating system software is exempt and not
required.
1.13 PATENTS: The CONTRACTOR warrants by submitting a bid or proposal that all
materials, equipment ,supplies ,processes ,and devices delivered as part of this contract, or
incorporated within materials ,equipment, supplies ,processes ,and devices delivered are and
shall be free of any rightful infringement of any patent or copyright issued by the United States,
or by any other government and valid and enforceable in the United States .The CONTRACTOR
shall defend,hold harmless and indemnify at its sole expense ,including attorney's fees, the
PURCHASER from any copyright or patent infringement claim.
1.14 INSTALLATION:Installation of the equipment shall be performed in accordance with
these specifications and if not so stated,by good professional industry practices.
1.14.1 CLEAN SITE: The CONTRACTOR shall at all times keep the areas of
installation and storage on PURCHASER owned or leased sites clean and free from
accumulations of waste material or rubbish. All tools, equipment, and machinery shall be
secured daily or when workers are not present. All temporary storage or work sites or
buildings shall be removed on contract completion and the used area returned to its
former condition. Empty and open cans which contain toxic materials to humans and
animals must be supervised when in use and must be removed daily.The site shall be
clean for final inspection.
1.14.2 SECURITY: The CONTRACTOR shall supply ,upon request ,to the PROJECT
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Page 9 of 22
ADMINISTRATOR,a complete list of personnel by name, address ,and company,
whether employed by the CONTRACTOR,a subcontractor, or supplier who will be
working on the project .The PURCHASER reserves the right to control entrance into
building offices and rooms.
1.14.2.1 SECURITY CHECKS: The PURCHASER reserves the right to require a
WORKER to submit to a criminal back ground check. The PURCHASER also
reserves the right to deny access to those areas to individuals who, based on the
results of the criminal back ground check,are deemed to pose a threat to, or who
may interfere with,the performance of the work.
1.14.2.2 ID BADGE: The PURCHASER may require that WORKERS have a
security badge for access to the building or rooms within the building.
1.14.2.3 WORKING AMONGST PURCHASER AND/OR LEASED SITE
EMPLOYEES: The CONTRACTOR shall require the workers to work in a
compatible way with the PURCHASER'S or leased site employees when they are
working nearby.
1.14.3 SITE SECURITY: The CONTRACTOR shall at all time maintain a secure and
safe working area .No unfenced open holes ,available equipment ,or the like shall serve
as an attractive nuisance or impair the safety of PURCHASER employees or any visitors
whether welcomed or not .The PURCHASER may require the CONTRACTOR to further
secure any installation area to maintain employee and visitor safety.
1.14.4 INSPECTION: The PURCHASER reserves the right to inspect the installation
work area,on PURCHASER or leased property ,for any unsafe condition and require
corrective action to be performed by the CONTRACTOR.
1.14.5 SAFETY:The CONTRACTOR will be required to conform to the
PURCHASER'S safety policies and procedures .The CONTRACTOR may be required to
sign an acknowledgment to this policy .The CONTRACTOR shall comply with all
OSHA and state safety regulations .See also Section 1 .37 and STANDARD
SPECIFICATION 50.
1.14.6 QUALIFIED TO PERFORM INSTALLATION :Workers shall be qualified to
perform installation by training ,on the job experience ,or working under a supervisor
who has the experience and training.Workers performing installation of complex
components of the communications system must be factory trained by the manufacturer
of the product by the date of bid. This only applies if these items are in the bid/proposal.
Those items are:
Consoles
Microwave
Primary Base/Repeater Voting Systems
Stations
Antenna Systems OSHA regulations
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Page 10 of 22
Federal & State Codes Mobile Radios Portable Radios
1.14.7 PRODUCT EXPECTATIONS: The PURCHASER has certain expectations with
regard to the products received on this project:
1.14.7.1 STANDARD PRODUCTS & SYSTEM :The system shall be built as
much as possible with standard products and interfaces.
1.14.7.2 FIELD SPECIALS: The ENGINEER reserves the right to review and
approve field specials prior to installation.
1.14.7.3 PRODUCT CONFLICTS :Conflicts between standard products shall first
be resolved with the settings of the standard products.
1.14.7.4 ADJUSTMENTS:Most products are engineered so that adjustable
components operate normally at mid range .If a determination is made by the
ENGINEER that adjustments are being made outside of the manufacturer's
specifications , the ENGINEER reserves the right to require the device be replaced
or repaired.
1.14.7.5 DESPERATE SYSTEM, SOFTWARE, & PRODUCT SOLUTIONS:
When the ENGINEER believes that the CONTRACTOR has caused a system
problem that is not resolvable with standard production hardware ,firmware, or
software , the ENGINEER may require a solution be added to the system. Before a
solution is added to the system ,CONTRACTOR must send a correspondence to
the ENGINEER for review and approval. The correspondence must provide the
following:
a.The fix proposed by the CONTRACTOR or one of their subcontractors or
suppliers has been routed through its test bed system with no system problems
observed .The fix cured the issue in the test bed system.
b.Exactly what the fix is intended to do.
c.What changes will be noticed by the operators and system performance.
d.What course of action will be followed if the fix causes system problems.
e.A 24 hour contact number of the individual who has prepared the fix.
f.No fixes may be added on a Friday to an emergency communications system.
Without such correspondence and approval by the ENGINEER, the fix may not be added to the
added to the system.
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Page 11 of 22
1.15 CONFIDENTIALITY: The CONTRACTOR shall not issue any press releases or
communicate with the media or other customers or potential customers for his equipment or
services ,regarding this project ,without the specific written permission of the PROJECT
ADMINISTRATOR .All advertising ,public relations, tours ,and statements to potential
customers shall not contain any implications that the CONTRACTOR is endorsed by the
PURCHASER.All statements shall be strictly factual ,if authorized .The PURCHASER shall
review all such advertising prior to publication.
1.16 CANCELLATION FOR DEFAULT: The PURCHASER may terminate this contract for
cause if the CONTRACTOR:
1.Refuses or fails to supply enough properly skilled workers or proper materials to
complete the WORK in a safe and timely manner, or
2.Fails to make payments to subcontractors for materials or WORK in accordance
with their agreements, or
3.Disregards laws, ordinances, or rules, regulations, or orders of a public authority
having jurisdiction, or
4.Otherwise is guilty of breach of a provision of the Contract Documents.
When any of the above conditions exist, the PURCHASER may within seven (7) days
written notice notify the CONTRACTOR that it is in default and the PURCHASER may
seize the WORK, take possession of the materials and equipment supplied under the
contract and finish the work itself or by entering into another contract with others. Funds
may be drawn from the performance bond. The costs of finishing the work will be
deducted from any monies the CONTRACTOR may be due.
1.17 CANCELLATION AND SUSPENSION FOR CONVENIENCE: The PURCHASER
may, without cause ,order the CONTRACTOR in writing to suspend WORK in whole or in part
for such a period as the PURCHASER may determine or cancel the remainder of the project in
its entirety. In the event of such termination , the CONTRACTOR shall be paid compensation in
the same manner as set out in Section 1.7. The PURCHASER shall have no further liability for
compensation ,expenses ,or fees to the CONTRACTOR hereunder.
1.18 PROHIBITED INTERESTS: The CONTRACTOR, by bid submission, warrants that
none of the following persons, during his tenure as CONTRACTOR,has or will have any
interest ,direct or indirect, in the contract or receive any part of the proceeds:
1.18.1 EMPLOYEES OF THE PURCHASER: Unless specifically stated in these
specifications, by addendum, or waiver, the CONTRACTOR shall not retain any full or
part time statutory employee of the PURCHASER to perform any work on this project.
1.18.2 THE ENGINEER: The CONTRACTOR shall not retain the Engineer or
any of its employees to perform work on this project.
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1.18.3 OTHER CONFLICTS:The BIDDERS and the CONTRACTOR shall disclose
whether any of its owners, directors ,officers ,or principals is or is closely related to any
PURCHASER employee who has or may appear to have control over the award,
management or evaluation of the contract. If no legal conflict exists but a question
remains as to whether there may be an appearance of such a conflict ,the contract shall be
presented to the PURCHASER for approval, regardless of the contract amount.Bidders
shall respond and certify to all section of 1.18 and its subsections.
MANDATORY RESPONSE REQUIRED
HERE
1.19 CLAIMS OR DISPUTES: All claims and disputes between the CONTRACTOR and the
PURCHASER shall be reduced to writing within fourteen (14) days after the claimant first
recognizes the condition giving rise to a claim or dispute. Claims or disputes shall be reviewed
by the PURCHASER/CONTRACTOR and a written reply provided to the other party within
fourteen (14) days of receipt.
1.20 SHIPPING :All equipment shall be shipped FOB point shipment fully prepaid and
insured by the CONTRACTOR to its final installation location.
1.20.1 RISK OF LOSS: The CONTRACTOR assumes all shipping charges and risk of
loss or damage until installation of said equipment on PURCHASER'S property or leased
facilities.
1.20.2 SHIPPING HIGH VALUE ITEMS: The PROJECT ADMINISTRATOR shall be
notified in advance of high value shipments and their destination.
1.20.3 SHIPPING TOO EARLY: CONTRACTORS may not ship to the PURCHASER'S
location any item far in advance (more than ten (10) working days) of its installation date
without advance permission of the PROJECT ADMINISTRATOR.
1.20.4 ON-SITE STORAGE: The PURCHASER has very limited storage for equipment
and supplies .Approval must be sought in advance ,from the PROJECT
ADMINISTRATOR,for the receipt of equipment and supplies that the CONTRACTOR
desires to be stored on the premises.
1.21 INTENTIONALLY LEFT BLANK.
1.22 INTENTIONALLY LEFT BLANK.
1.23 VALID PRICE PERIOD: The CONTRACTOR must hold his prices firm from the date
of project acceptance for one calendar year. This will allow the PURCHASER the right to
purchase additional equipment,materials ,supplies, and services at contract prices, if the
PURCHASER so desires.
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Page 13 of 22
1.24 TRAINING:Training shall be provided regarding project equipment operation for users
and the PROJECT ADMINISTRATOR or as noted elsewhere in the Contract Documents.
1.25 SUBCONTRACTORS: SUBCONTRACTORS are fully responsible to the
CONTRACTOR for work assignments, scheduling ,and payment .The PURCHASER has no
contractual relationship with any SUBCONTRACTOR whatsoever.However, before final
payment to the CONTRACTOR, the CONTRACTOR shall provide notarized certification that
all SUBCONTRACTORS and SUPPLIERS have been paid in full for their services and supplies.
1.25.1 NO INDEPENDENT WORK BY SUBCONTRACTORS: All work by
SUBCONTRACTORS shall be by full knowledge and control of the CONTRACTOR
and under their direction and supervision .The CONTRACTOR need not be present when
the SUBCONTRACTOR is working .The CONTRACTOR must at all time supervise and
control its SUBCONTRACTORS.If independent subcontractor work is perceived by the
ENGINEER, the project may be shut down.
1.26 ASSIGNMENT OF CONTRACT: The CONTRACTOR shall not assign nor sell this
Contract in whole or in part .The CONTRACTOR shall not assign any rights and obligations
under this Contract. CONTRACTOR shall not assign any payment due or that becomes due
under this Contract.
1.27 SALVAGED MATERIAL: All salvaged material shall be presented to the PROJECT
ADMINISTRATOR for disposition. The CONTRACTOR is responsible for the proper disposal
of all unwanted materials .The CONTRACTOR shall never destroy, scrap ,sell, or trade any
PURCHASER equipment without specific written permission of the PROJECT
ADMINISTRATOR. Disposal of salvaged materials without authorization and before
acceptance may result in the CONTRACTOR repaying the PURCHASER of the value of the
item(s ).The CONTRACTOR shall note the serial number, model number, PURCHASER asset
number, and other pertinent information prior to disposal. This information and the date of
receipt shall be supplied to the PROJECT ADMINISTRATOR.
1.28 MATERIALS AND WORKMANSHIP: The CONTRACTOR shall use the best possible
materials and supplies consistent with the Contract on this project .The CONTRACTOR shall
retain qualified personnel who have experience in the work required and meet the proof
requirements in Section 1.58.
1.29 MEASUREMENTS: Prior to ordering any materials, the CONTRACTOR shall verify
that all sizes and lengths are correct for the successful completion of this project.
1.30 PERMITS AND LICENSES: The CONTRACTOR is responsible for all licenses,
permits, studies to support permits, union dues, and other project related costs. The
PURCHASER is responsible for radio licensing ,FAA tower permits, site acquisition, and site
development such as procurement ,furnishing of utilities into the site ,and electrical outlets near
equipment (except in radio buildings purchased).
General Terms and Conditions
Page 14 of 22
1.31 INTENTIONALLY LEFT BLANK.
1.32 INTENTIONALLY LEFT BLANK.
1.33 INTENTIONALLY LEFT BLANK.
1.34 SPECIFICATIONS AT WORK SITE: The CONTRACTOR shall direct all
SUBCONTRACTORS and SUPPLIERS to maintain a current copy of the plans and
specifications at all locations and at all times when WORK is in process .The ENGINEER will
shut a work site down if a complete set of specifications are not at the site.
1.35 COMPLIANCE WITH APPLICABLE LAW: The CONTRACTOR agrees to comply
with all federal ,state ,and local laws and ordinances and applicable rules ,regulations, and
standards established by any agency of such governmental units which are now or hereafter
promulgated insofar as they relate to the CONTRACTOR'S performance of the requirements of
these specifications.This includes current OSHA and safety laws, rules, and regulations in
effect at the time of work performed.
1.35.1 LABOR STANDARDS: The CONTRACTOR shall comply with the applicable
state and federal labor standards and shall cause appropriate provisions to be inserted in
subcontractors to insure compliance there of.The PURCHASER reserves the right to
terminate the contract if the CONTRACTOR, and/or SUBCONTRACTOR, or
SUPPLIER breaches any applicable labor standard.
1.35.1.1 NON DISCRIMINATION:During the term of the contract, the
CONTRACTOR shall not discriminate against any person on any basis specified
in state and federal law.
1.35.1.2 AFFIRMATIVE ACTION:During the term of this Contract the
CONTRACTOR shall comply with all applicable affirmative action mandates.
1.35.1.3 SEXUAL HARASSMENT: The CONTRACTOR warrants and
represents the existence of policies governing the actions of the CONTRACTOR
and any employees or agents of the CONTRACTOR regarding sexual
harassment .The CONTRACTOR agrees to defend, indemnify, and hold harmless
the PURCHASER and the ENGINEER for actions of the CONTRACTOR or the
CONTRACTOR'S employees or agents in their dealings with the PURCHASER
and the ENGINEER pursuant to the Contract.The CONTRACTOR also
understands and agrees that any violation of this provision is grounds to terminate
the Contract.
1.35.1.4 EQUAL EMPLOYMENT:During the term of the Contract, the
CONTRACTOR shall comply with all applicable Equal Employment obligations.
1.35.2 GENDER NEUTRAL:These specifications are gender neutral. A reference to he
or him shall always also mean she or her .A gender reference may be listed only to
General Terms and Conditions
Page 15 of 22
provide correct English and to avoid frequent equal references as he/she or him/her.
1.36 PUBLIC RECORD REQUESTS: The CONTRACTOR shall maintain records in
connection with this Contract in a manner sufficient to meet the requirements of the state's open
records or data practices laws. The CONTRACTOR shall assist the PURCHASER in complying
with Public Record(s) Requests pursuant to state statutes.
1.37 SAFETY PLAN: Whenever the CONTRACTOR is scheduling work in a hazardous or
confined area or is performing hazardous work, a safety work plan shall be prepared in
accordance with Section 50.
1.38 BURIED UTILITY LOCATING: The CONTRACTOR is fully responsible for
contacting all and potential owners of underground utilities on or near the job site .See Standard
Specifications 21 if digging is anticipated or required.
1.39 TRASH REMOVAL: The CONTRACTOR is responsible for removal of all trash
generated by them or its SUBCONTRACTORS and SUPPLIERS from the job site at their
expense .Trash shall be disposed of in a legal manner .All payments for trash removal shall be
borne by the CONTRACTOR.
1.40 VALUE ENGINEERING:The BIDDERS and the CONTRACTOR are requested to report
any requirement in these specifications where the cost of a service or item does not provide a
balancing value to the PURCHASER.
1.41 EQUAL AND APPROVED EQUAL:The following terms "or Equal or "or Approved
Equal will be used throughout these specifications to augment the technical specifications with
a suggested brand or model .In most cases an attempt has been made to suggest 2 or more
products .Potential bidders who are unable to respond due to these requirements should offer
alternatives in writing .The PURCHASER and the ENGINEER are open to improved models,
versions ,and alternatives to those products specified by name .To suggest an improved model,
version ,or alternative please request in writing.
1.41.1 OR APPROVED EQUAL:Where the term "or Approved Equal" is used ,it shall
mean that only the product or products specified by name and manufacturer may be bid
or proposed ,unless a product with approved equal status is approved by PURCHASER.
1.41.1.1 ACHIEVING "OR APPROVED EQUAL STATUS :Should any
BIDDER desire to offer for bid an alternate product ,he/she must get approved
equal status by submitting a request in writing and attaching supporting
specification sheets or brochures on that product during the question and answer
period per Schedule C .Any offering other than an approved equal product listed
in the specifications will be declared non-responsive and the PURCHASER
reserves the right to reject that bid. Your submission for approved equal status
must include:
General Terms and Conditions
Page 16 of 22
1.41.1.1.1 Specification sheets;
1.41.1.1.2 Location of authorized sales and service stations within 100
miles of the PURCHASER;
1.41.1.1.3 Location ,address, and phone number of the nearest
FACTORY service advisors or facility containing factory employed
technical personnel;
1.41.1.1.4 A paragraph by paragraph response to the applicable section of
the specifications the BIDDER is seeking approved equal status.
1.41.1.2 CLARIFICATION:If the specification states,for example,the mobile
radio shall be a "ABC model 98775 or KK9 2245-99 or approved equal" and a
Bidder chooses to propose a Supreme model 236 without achieving approved
equal status,the Bidder's bid will be declared non-responsive and subject to
rejection by the PURCHASER.
1.41.3 "OR EQUAL": When the term "or equal" is stated in these specifications, it shall
mean the BIDDER is free to substitute an item of similar or better construction,
composition, and value in their bid or proposal .No prior approval is required. The
BIDDER must be prepared to defend his decision of equal status with the PURCHASER
and the ENGINEER. PURCHASER and ENGINEER shall make the final determination
whether an item achieves "or equal status.
1.41.4 NO LONGER AVAILABLE:If the specified product is no longer available or
has a specified feature no longer available ,the CONTRACTOR shall notify the
ENGINEER before the fact and an adjustment if necessary will be made. If the
CONTRACTOR ignores the specifications and supplies the product or feature anyway,
he will be held for non-compliance and subject to the remedies of these specifications.
1.42 ADD/DELETE: The PURCHASER reserves the right to increase or decrease any line
item or delete any item in its entirety due to budgetary considerations at time of award. During
the progress of the project through and including the guaranteed price period as stated in Section
1.23 the PURCHASER may decrease and/or increase a line item ,or add a previously deleted line
item.
1.43 PASSAGE OF TITLE :Passage of title (ownership )for the equipment and services being
purchased under this procurement shall occur at the time of final acceptance.
1.44 PURCHASER'S RESERVED RIGHTS:See Project Announcement Form/Schedule B
and Section 0.7.5.
1.45 COMPLEMENTARY DOCUMENTS: All Contract Documents shall be considered
complementary and what is required by one Contract Document shall be required by all Contract
Documents.
General Terms and Conditions
Page 17 of 22
1.46 CONTRACTOR COMMUNICATION: The CONTRACTOR shall secure an Internet E-
Mail address and fax machine so the PURCHASER and the ENGINEER may quickly
communicate with CONTRACTOR.
1.47 TRADE SECRET INFORMATION: The PURCHASER understands that in these
specifications may call for the disclosure of trade secret information. "Trade Secret Information
is defined by Minnesota Statute § 13.37, subdivision (b). The BIDDERS or the CONTRACTOR
shall separate all trade secret information and place it in a sealed envelope marked:
Trade Secret Information
This information shall be supplied in one copy in a separate envelope marked PROPRIETARY
and handed to the ENGINEER at the bid opening. Information not marked as Atrade secret
information will be considered public information.All information submitted is subject to
disclosure or non-disclosure as provided for in the Minnesota Data Practices Act, Minnesota
Statutes Chapter 13.
1.48 INTENTIONALLY LEFT BLANK.
1.49 CHANGE ORDERS :During the progression of a project ,changes in project scope may
be required .These shall be documented as change orders .The ENGINEER, PROJECT
ADMINISTRATOR, or CONTRACTOR may initiate a change order but it does not become
valid until it is signed y all three parties. Change orders are expected to be priced at the labor
and mark up rate used for the main project .The PURCHASER or ENGINEER has the right to
audit prices referenced in change orders .Billing on change orders will be at the same rate and
method as described in section 1.7. A sample change order form is on the project CD-ROM.
1.50 INTENTIONALLY LEFT BLANK.
1.51 NEW EQUIPMENT:All equipment referenced herein as new shall mean new equipment of
recent manufacture whose title has not passed to any third party except a dealer or distributor and
which has not been a re-worked,reconditioned, or been a returned unit.
1.51.1 BRAND NEW V.S. AGED PRODUCTS: The PURCHASER has some reluctance
to be one of the first users of a manufacturer 's new product or option in production less
than six (6)months .The PURCHASER has even more reluctance to purchase products
nearing the end of the production run.Bidders shall list in their bids all newly announced
products and/or products where an intent to cancel has been published or the bidder
knows is imminent on those products they are bidding
IMANDATORY RESPONSE REQUIRED HERE
General Terms and Conditions
Page 18 of 22
1.51.2 DURING PROJECT: If the CONTRACTOR receives an intent to cancel on any
product or service supplied under this Contract, they should notify the PURCHASER and
the ENGINEER immediately.
1.51.3 AUTHORIZED TO SELL CRITICAL PRODUCTS:The BIDDER and the
CONTRACTOR shall either be a manufacturer 's representative or dealer authorized by
the product 's manufacturer for the items being bid, proposed or sold to the
PURCHASER.This insures proper warranty passage to the PURCHASER and prevents
conflict between authorized dealers and "two-steppers (BIDDER buys from authorized
dealer and resells the product to the PURCHASER).
1.52 BONDING:Bonds are required of each BIDDER and the CONTRACTOR.
1.52.1 BID BOND: Bid bonds are required from each BIDDER to show willingness to
enter into a Contract with the PURCHASER. A BIDDER'S bond consisting of 5% of the
total bid shall be submitted as part of the BIDDER'S bid. The bid bond will be retained
by the PURCHASER until the contract is awarded to the successful BIDDER. Bonds will
be returned on contract award to the unsuccessful BIDDERS as soon as possible
following execution of the contract. The bond will be returned to the successful BIDDER
upon the signing of all contractual documents and the supplying of the performance and
payment bond to PURCHASER.
1.52.2 CERTIFIED CHECK: A Certified Check may be submitted instead of a bond.
Checks from unsuccessful BIDDERS will be returned upon contract award and to the
successful bidder upon the signing of all contractual documents and the supplying of the
performance and payment bond to PURCHASER.
1.52.3 VALIDITY:The bid bond shall be supplied from a bonding company licensed to
provide bonding services in Minnesota.
1.52.4 PAYABLE :All bonds or certified checks shall be made payable to the City of
Eden Prairie.
1.52.5 PERFORMANCE & PAYMENT BOND:Pursuant to Minnesota Statute §
574.026,subdivision 2,CONTRACTOR shall supply a performance and payment bond
to PURCHASER. CONTRACTOR shall secure, and submit to the PURCHASER in
favor of the PURCHASER,as required by Minnesota Statute a performance and payment
bond issued by a surety qualified to do business in Minnesota ,and guaranteeing
performance of the terms and conditions of the CONTRACT and payment of just claims
for work or materials supplied by the SUBCONTRACTORS.The amount of the bond
shall not be less than the total and final agreed to contract price (100% Bond) and in
event the contract price is increased ,an additional bond for the amount of the increase
shall be immediately furnished to the PURCHASER .The bond is due to the
PURCHASER ten (10 )calendar days from the day notice of bid award is issued. The
Bond is for:
General Terms and Conditions
Page 19 of 22
a.The use and benefit of the PURCHASER to complete the CONTRACT
according to its terms ,and conditioned on saving the PURCHASER
harmless of all costs and charges that may accrue on account of
completing the specified work; and
b.The use and benefit of all persons furnishing labor and materials under, or
to perform the CONTRACT, conditioned for the payment as they may
become due, or all just claims for labor and materials.
1.52.5.1 IN FORCE: The performance and payment bonds shall remain in force
and effect until the completion of the warranty period.
1.53 BINDING EFFECT: The PURCHASER and the CONTRACTOR represents and each
warrants that it has carefully reviewed and fully understands this Contract including all
attachments .The Contract shall be binding upon and shall inure to the benefit of the
PURCHASER and the CONTRACTOR and upon their respective heirs, executors,
administrators ,personal representatives ,and permitted successors and assigns.
1.54 SEVERABILITY: The provisions of this Contract shall be interpreted, when possible, to
sustain their legality and enforcement as a whole. In the event any provision shall be held
invalid, illegal or unenforceable by a court of competent jurisdiction, in whole or in part, neither
the validity of the remaining part of such provision, nor the validity of any other provision of this
Contract shall be in any way affected thereby.
1.55 AMENDMENTS: No modification, addition, deletion, revision, alteration, substitution, or
other change to the Contract shall be effective unless ,and until such is reduced to writing and
executed by the PURCHASER and the CONTRACTOR.
1.56 SPECIAL BILLING FORM: The PURCHASER reserves the right to have the
CONTRACTOR bill them on a specific form.
1.57 OTHER AGENCIES MAY BUY OFF BID:Within the guidelines of state purchasing
regulations ,other governmental entities within this state are permitted to purchase equipment
and services bid on this project at the same price. The colloquial term for this is buying off of
another's bid.
1.58 CERTIFICATES:The BIDDERS OR RESPONDENTS must execute the Certificates of
Ability to Perform and Competent Service to demonstrate to the PURCHASER that they can
perform this project to a successful conclusion. The Certificates are located at the rear of the
specifications just before the Bid or Proposal Item Schedules .In addition , the CONTRACTOR
shall have the financial ability to purchase equipment for this project and to bridge the period up
to when they are paid by the PURCHASER. The CONTRACTOR shall also have the personnel
necessary to perform this project in a safe and timely manner.
1.59 MISCELLANEOUS CONDITIONS:
General Terms and Conditions
Page 20 of 22
1.59.1 WIRING & CABLING:Wiring and Cable installation shall meet industry
standards.
1.59.2 TESTING AND BASE LINING: All WORK shall be tested per these
specifications and manufacturer 's instructions .The CONTRACTOR shall always favor
the PURCHASER with the results of those tests. This shall be by the test instructions at
the end of each section and if not present ,by using the manufacturer 's test and set up
instructions .See Section 60 base line testing.
1.59.3 OPERATING EQUIPMENT AT SPECIFICATIONS: All equipment will be
operated to maximum performance within its specifications unless the drawings and
detailed specifications specifically state otherwise .Loafing or de-tuning equipment
without prior instructions from the ENGINEER is never permitted.100 Watt stations are
to be operated at 100 Watts not 75 because the technician perceives they will last longer.
1.59.4 HOLES & ACCESS :Holes in equipment cabinets shall be protected with a
grommet . If the CONTRACTOR must drill a hole in the cabinet ,means shall be taken to
keep the metal particles out of the electronics .Holes shall only be drilled slightly larger
than that necessary .When a hole has been oversized for a future requirement, it shall be
filled until needed.
1.59.5 SURGE PROTECTION: ALL fixed equipment furnished and installed for this
project must have surge protection and be grounded per industry standards.
1.59.6 LABELING:All microwave and radio equipment, filters ,and antenna lines shall
be labeled per Section 61.
1.60 ATTACHMENTS:
•Mandatory Responses
General Terms and Conditions
Page 21 of 22
PLEASE EXECUTE THIS FORM AND RETURN IT WITH YOUR PROPOSAL
PARA-TITLE WE WE DO COMMENTS RESPONSES
GRAPH COMPLY NOT Attach sheet if necessary
COMPLY
1.9.11 WARRANTY
PASSES TO
PURCHASER
1.9.1.2 AUTHORIZED TO
PERFORM
WARRANTY
WORK
1.18 PROHIBITIED
INTERESTS
1.51.1 BRAND NEW
VERSES AGED
PRODUCTS
USE AN EXTRA SHEET IF NE CESSARY TO EXPLAIN.
WE ARE AUTHORIZED TO SELL AND MAINTAIN THE FOLLOWING CRITICAL
PRODUCTS BEING BID. ONLY EXECUTE FOR PRODUCTS IN THIS PROJECT:
PRODUCT FACTORY AUTHORIZED TO NUMBER OF
All may not be in AUTHORIZED SELL BY TECHS FACTORY
project .SERVICE-Brands MANUFACTURER TRAINED.
If so enter N/A
Base Stations per
Section 15
Secondary Stations
p er Section 15
Voting Systems per
Section 45
Microwave Systems
per
Section 31
Consoles per Section
32
Mobile Radios per
Section 34
Portable Radios per
Section 38
BIDDER OR
RESPONDENT
C:\Documents and Settings\HP_Administrator\Local Settings\Temporary Internet
Files\OLKB6\Section 1 General Terms and Conditions 2007-10-26LJK 2007 10 29.docEND OF
DOCUMENT
General Terms and Conditions
Page 22 of 22
CITY COUNCIL AGENDA DATE:
SECTION:Consent Agenda December 18, 2007
DEPARTMENT /DIVISION :ITEM DESCRIPTION :ITEM NO.: VIII.F.
Sue Kotchevar, Office of the Resolution for reimbursement of prior
City Manager expenditures
Requested Action
Move to: Adopt Resolution declaring the City's official intent to reimburse itself for prior
expenditures out of the proceeds of a subsequently issued series of bonds.
Synopsis
IRS regulations require that a City make a declaration of its official intent to reimburse itself for
prior expenditures out of the proceeds of a subsequently issued series of bonds and that the
expenditures reimbursed be capital expenditures or costs of issuance of the bonds.With this
resolution, the City is declaring their intent to issue bonds to finance the purchase of public safety
communication equipment. The resolution indicates the maximum amount of bonds expected to
be issued for the project is $1.3 million. The Council can issue any amount of bonds less than
this amount.
Attachments
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2007-
RESOLUTION AUTHORIZING ISSUANCE AND SALE OF GENERAL
OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS,
SERIES 2008 ;ESTABLISHING COMPLIANCE WITH REIMBURSEMENT
BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE
BE IT RESOLVED by the City Council of the City of Eden Prairie ,Minnesota (the
"City ),as follows:
1.Recitals.
(a)The Internal Revenue Service has issued Section 1.150-2 of the Income Tax
Regulations (the "Regulations ) dealing with the issuance of bonds all or a portion of the
proceeds of which are to be used to reimburse the City for project expenditures made by the
City prior to the date of issuance.
(b)The Regulations generally require that the City make a declaration of its
official intent to reimburse itself for such prior expenditures out of the proceeds of a
subsequently issued series of bonds within 60 days after payment of the expenditures,
that the bonds be issued and the reimbursement allocation be made from the proceeds of
such bonds within the reimbursement period (as defined in the Regulations), and that the
expenditures reimbursed be capital expenditures or costs of issuance of the bonds.
(c)The City desires to comply with requirements of the Regulations with
respect to the projects hereinafter identified.
2.Official Intent Declaration.
(a)The City proposes to undertake a project consisting of the acquisition of
public safety communication equipment (collectively, the "Project ), and to make
original expenditures with respect thereto prior to the issuance of reimbursement bonds,
and reasonably expects to issue reimbursement bonds for the Project, in one or more
series, in an amount not to exceed $1,300,000.
(b)Other than (i) de minimis amounts permitted to be reimbursed pursuant to
Section 1.150-2(f)(1) of the Regulations or (ii) expenditures constituting preliminary
expenditures as defined in Section 1.150-2(f)(2) of the Regulations, the City will not seek
reimbursement for any original expenditures with respect to the foregoing Project paid
more than 60 days prior to the date of adoption of this resolution. All original
expenditures for which reimbursement is sought will be capital expenditures or costs of
issuance of the reimbursement bonds.
3.Budgetary Matters. As of the date hereof, there are no City funds reserved,
pledged, allocated on a long term basis or otherwise set aside (or reasonably expected to
be reserved, pledged, allocated on a long term basis or otherwise set aside) to provide
permanent financing for the original expenditures related to the Project, other than
pursuant to the issuance of the reimbursement bonds. Consequently, it is not expected
that the issuance of the reimbursement bonds will result in the creation of any
replacement proceeds.
4.Reimbursement Allocations. The City's Manager of Finance shall be
responsible for making the "reimbursement allocations described in the Regulations,
being generally the transfer of the appropriate amount of proceeds of the reimbursement
bonds to reimburse the source of temporary financing used by the City to make payment
of the original expenditures relating to the Project. Each reimbursement allocation shall
be made within 30 days of the date of issuance of the reimbursement bonds, shall be
evidenced by an entry on the official books and records of the City maintained for the
reimbursement bonds and shall specifically identify the original expenditures being
reimbursed.
5.Authorization of Bond Issuance. It is hereby determined to be in the best
interests of the City to issue its General Obligation Equipment Certificates of
Indebtedness, Series 2008, in the principal amount not to exceed $1,300,000 (the
"Bonds ), pursuant to Minnesota Statutes, Section 412.301 and Chapter 475, to finance
the Project. Pursuant to Minnesota Statutes, Section 475.60, Subdivision 2, paragraph
(9),Northland Securities, Inc. is authorized to solicit proposals for the Bonds on behalf of
the City on a competitive basis without regard to the public sale requirements of Chapter
475. The Mayor and the City Manager (or, in the event of their absence or disability, the
acting Mayor or the acting City Manager, respectively) are hereby authorized and
directed to execute and deliver, as applicable, a purchase agreement for the Bonds in the
name of and on behalf of the City. This Council shall meet at the time and place shown
in the terms of proposal for the Bonds, for the purpose of taking such further action
thereon as may be in the best interests of the City.
Adopted this 18th day of December, 2007.
ATTEST:
Kathleen Porta ,City Clerk
Phil Young, Mayor
(Seal)
2
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda December 18, 2007
DEPARTMENT/DIVISION:ITEM DESCRIPTION :I.C. 08 -5711 ITEM NO.:
Rick Wahlen VIII.G.Award Contracts for 2008
Public Works/Utilities Water Treatment Chemicals
Requested Action
Move to:Award contracts for I.C. 08-5711, Water Treatment Chemicals for 2008, as
indicated in the attached recommendation of award.
Synopsis
Bids were opened on December 13, 2007 for the 2008 supply of Water Treatment Chemicals.
Attached is a summary sheet indicating the bid prices for these materials and chemicals and a
table indicating the chemical, the recommended suppliers and the unit prices of the material to be
purchased.
Background Information
Water Treatment Chemicals:
The water treatment chemicals are critical to the operation of the water treatment plant and the
amounts used will be dictated by the city's water consumption.
Actual quantities used will vary,depending upon the 2008 weather .Drier years result in more
lawn and garden watering ,and thus require substantially more chemicals to treat the larger
volume of water produced.
Staff recommends acceptance of low bid for each of the required chemicals with the following
clarifying comments:
Quicklime:
Three bids were received for quicklime, with the low bidder being Cutler Magner ,at a unit bid
price of $93 .00/ton ;this low bid applies a fuel surcharge to the unit price on per-ton basis. The
fuel surcharge is calculated by applying a surcharge based on a published price of diesel fuel to a
fixed freight rate per-ton of quicklime .The City utilized Cutler Magner for the supply of
quicklime last year ,incorporating the same fuel surcharge methodology.
Based on the fact that this same supplier has been the successful low bidder for quicklime for
several years, as well as the fact that the City is utilizing a fuel adjustment on other projects
(specifically the Lime Residuals Hauling and Disposal project), staff recommends award of the
quicklime with a base bid price of $93.00/ton, allowing a fuel surcharge calculated on a tonnage
basis. Staff believes this method of determining commodity cost is in the best interest of the
city.
Attachments
•Recommendation of Award
•Bid Summary
RECOMMENDATION OF AWARD
I.C. 08-5711
2008 Water Treatment Chemicals ,City of Eden Prairie, MN
1 Quicklime Cutler-Magner Company $93.00/Ton*
*=with monthly fuel adjustment
2 Liquid Ferric Chloride (35% solution)Hawkins, Inc.$0.949/Gallon
3 Liquid Chlorine (1 ton shipments)Hawkins, Inc.$479.99/Ton
4
Liquid Carbon Dioxide Poet Ethanol Products $65.00/Ton
5
Sodium Polyphosphate Pristine Water Solutions $1,420/Ton
6 Sodium Silicofluoride Thatcher Company of Montana $1,820/Ton
7 Fluorosilicic Acid Hawkins, Inc.$2.90/Gallon
G:\Utilities\Water Treatment\Chemicals\Chemical Bid Documents\2008 Bid Award
2008 Water Treatment Chemical Bid Tabulation
City of Eden Prairie, MN
Bid Opening 13 December 2007
BIDDERS Quicklime Liquid Ferric
Chloride
Liquid
Chlorine
1 ton loads
Liquid Carbon
Dioxide
Sodium
Poly-phosphate
Sodium
Silicofluoride
Fluorosilicic
Acid
Air Liquide America $65.50/T
Carus $1,810.00/T
Continental Carbonic $69/T
Cutler-Magner Co .$93.00/T*
DPC Industries $482.80 /T $2.94/gal
Poet Ethanol Products $65/T
Hawkins Chemical $0.949/gal $479 .99/T $2,400.00/T $2150.00/T $2.90/gal
Pristine Water Solutions $1,420 .00/T
Thatcher Company of Montana $1,820.00/T
Mississippi Lime $170.00/T
Carmeuse $172.37/T
Nalco $1,600 .00/T
PVS Technologies $0.969/gal
Shannon Chemical $1,777.00/T
* = bid includes fuel surcharge clause
G:\Utilities \Water Treatment\Chemicals \Chemical Bid
Documents\2008 Bid Award
CITY COUNCIL AGENDA DATE:
SECTION:Consent Calendar December 18, 2007
DEPARTMENT/DIVISION:ITEM DESCRIPTION:I.C. 08 -5710 ITEM NO.:
Rick Wahlen Award Contract for Lime Residuals VIII.H.
Public Works /Utilities Hauling and Disposal
Requested Action
Move to:Award Contract for Lime Residuals Hauling and Disposal to Moelter Grain, Inc.,
in the amount of $588,600.00.
Synopsis
Sealed bids were received on Thursday, December 13, 2008. Five bids were received for the
hauling and disposal of the lime residuals. The project specifications were written with a
contract period of one year (2008), of two (2) years (2008 and 2009), or of three (3) years (2008,
2009 and 2010) with the City having the option to choose the length of contract. Based on the
bids submitted; staff recommends the Contract to include hauling and disposal of the lime
residuals for the (3) year contract for the years 2008-2010 to Moelter Grain Inc.
Background Information
The bid results for the contract period 2008 - 2010 are as follows:
Moelter Grain Inc.$ 588,600.00 ($10.90/cubic yard))
Avon Ag Lime $ 645,840.00 ($11.96/cubic yard)
Don Rihn Transport (DRT)$ 742,500.00 ($13.75/cubic yard)
Mountain Environmental Inc.$ 1,073,520.00 ($19.88/cubic yard)
R & R Leasing, Inc.$ 1,221,480.00 ($22.62/cubic yard)
The project is financed through the Utility Enterprise Fund as a maintenance project. The unit
price for this contract is $0.55/cubic yard more than we are currently paying for the hauling and
disposal of the 2007 residuals project. Don Rihn Transport is the contractor that currently is
hauling the lime residuals under a previous City contract.
The Contract for hauling and disposal of lime residuals (a by-product of the lime softening
process at the water treatment plant )is a multi-year contract .A fuel escalation clause has been
incorporated into the project specifications to provide an equitable method of fairness to both the
City and Contractor regarding the potential for fluctuation of fuel prices during this contract
period.
Attachments
•Bid Summary
SUMMARY OF BIDS
LIME RESIDUALS HAULING AND DISPOSAL
I.C. 08-5710
Bidder 2008 2008 &
2009
2008, 2009 &
2010
Moelter Grain ,Inc.$196 ,200.00 $392,400 .00 $588 ,600.00
Avon Ag Lime $215 ,218.00 $430,560 .00 $645,840.00
Don Rihn Transport $247,500 .00 $495 ,000.00 $742,500.00
Mountain
Environmental Inc.
$357,840.00 $715,680.00 $1,073 ,520.00
R & R Leasing ,Inc.$448 ,920.00 $855,000.00 $1,221,480.00
CITY COUNCIL AGENDA DATE: December 18, 2007
SECTION: Public Hearings
DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: IX.A.
Community Enterprise Rent-a-CarDevelopment/Planning
Janet Jeremiah
Regina Herron
Requested Action
Move to:
•Close the Public Hearing; and
•Adopt the Resolution for Guide Plan Change from Office to Community Commercial
on 1.6 acres; and
•Adopt the Resolution for Planned Unit Development Concept Review on 1.6 acres; and
•Approve 1st Reading of the Ordinance for Planned Unit Development District Review with
waivers, and Zoning District Change from Rural to Community Commercial on 1.6 acres;
and
•Adopt the Resolution for Preliminary Plat on 1.6 acres into one lot; and
•Direct Staff to prepare a Development Agreement incorporating Staff and
Commission recommendations and Council conditions.
Synopsis
The site plan shows a 3,450 square foot building.
Background Information
The 120-Day Review Period Expires on February 14, 2008.
Planning Commission Recommendation
The Planning Commission voted 5-0 to recommend approval of the project at the November 14,
2007 meeting with the recommendation to revise the rear lot line on the plans. The plans have
been revised to meet this recommendation.
Attachments
1.Resolution for Guide Plan
2.Resolution for PUD
3.Resolution for Preliminary Plat
4.Staff Report
5.Location Map
6.Land Use & Zoning Maps
7.Planning Commission Minutes
ENTERPRISE RENT-A-CAR
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2007-134
A RESOLUTION AMENDING THE
COMPREHENSIVE MUNICIPAL PLAN
WHEREAS, the City of Eden Prairie has prepared and adopted the
Comprehensive Municipal Plan ("Plan ); and
WHEREAS, the Plan has been submitted to the Metropolitan Council for review
and comment; and
WHEREAS, the proposal of Enterprise Rent-A-Car, by Gonyea Commercial
Property is for a 3,450 square foot building.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Eden Prairie, Minnesota, hereby adopts the amendment of the Plan subject to
Metropolitan Council approval as follows: 1.6 acres from Office to Community
Commercial
ADOPTED by the City Council of the City of Eden Prairie this 18th day of
December, 2007.
Phil Young, Mayor
ATTEST:
Kathleen A .Porta,City Clerk
ENTERPRISE RENT-A-CAR
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2007-
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT OF ENTERPRISE RENT-A-CAR
FOR GONYEA COMMERCIAL PROPERTY INC
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 14,
2007,on Enterprise Rent-A-Car by Gonyea Commercial Property Inc 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 18, 2007.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1.Enterprise Rent-A-Car, 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 December 6, 2007.
3.That the PUD Concept meets the recommendations of the Planning Commission
November 14, 2007.
ADOPTED by the City Council of the City of Eden Prairie this 18th day of December,
2007.
Phil Young, Mayor
ATTEST:
Kathleen Porta ,City Clerk
EXHIBIT A
PUD Concept - ENTERPRISE RENT-A-CAR
Legal Description:
OUTLOT D, GONYEA 4TH ADDITION, HENNEPIN COUNTY.
ENTERPRISE RENT-A-CAR
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2007-
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF ENTERPRISE RENT -A-CAR FOR GONYEA COMMERCIAL PROPERTY, INC
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of Enterprise Rent-A-Car for Gonyea Commercial Property, Inc stamp
dated December 6, 2007, and consisting of 1.6 acres into one lot, a copy of which is on file at the
City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and
Platting ordinances, and amendments thereto, and is herein approved.
ADOPTED by the Eden Prairie City Council on the 18th day of December, 2007.
Phil Young, Mayor
ATTEST:
Kathleen Porta ,City Clerk
STAFF REPORT
TO:
FROM:
THROUGH:
DATE:
SUBJECT:
APPLICANT/
OWNER:
LOCATION:
Planning Commission
Regina Herron ,Planner II
Michael D. Franzen, City Planner
November 9, 2007
Enterprise Rent a Car
Paul Gonyea, LLC
NW Corner of Hwy 5 and Venture Lane
120 DAY REVIEW: Expires February 14, 2008
REQUEST:•Guide Plan Change from Office to Community Commercial on 1.6
acres
•Planned Unit Development Concept Review on 1.6 acres
•Planned Unit Development District Review with waivers on 1.6 acres
•Zoning Change from Rural to Community Commercial on 1.6 acres
•Site Plan Review on 1.6 acres
•Preliminary Plat on 1.6 acres into one lot
Staff Report -Enterprise Rent a Car
November 9, 2007
BACKGROUND
The property is guided office. The properties to the South and East are guided Industrial. The
property to the north is guided Community Commercial and High Density Residential.
The property is zoned Rural. Surrounding property is zoned Industrial, Community Commercial, and
RM-2.5.
GUIDE PLAN CHANGE
The Enterprise Car Rental project requires a Comprehensive Guide Plan Change from Office to
Community Commercial.
SITE PLAN
The site plan shows a 3450 square foot building. The proposal meets parking, floor area ratio and
base area ratio requirements.
PLANNED UNIT DEVELOPMENT WAIVERS
The following PUD waivers are proposed in the Community Commercial zoning district:
1.Lot size of 0.69 acres. City Code requires 5 acres.
2.Rear yard setback of 0'. City Code requires 10'.
3.Permanent outdoor display of 59.5% of the building base area ratio. City code permits a
maximum 6% of the base area ratio of the building.
The overall property is 1.60 acres and is the last undeveloped parcel in the 37 acre Gonyea 4th
Addition. This lot was originally platted as a 2 acre lot to maximize the dedication to the city of
the larger wetland complex to the west.MnDOT also acquired property to accommodate
Venture Lane. The 0.91 acre outlot proposed with this project will protect the remainder of the
wetland with a conservation easement and is a benefit to the city. This places the rear lot line up
to the building resulting in the 0 foot setback.
A car rental business is a permitted use in Community Commercial zoning district. The waiver
for outdoor display shall be unique to Enterprise Rent a Car, and not transferable to another
rental company or future property owner.
ARCHITECTURE
The plan meets the requirement for 75% face brick,glass , or natural stone for exterior materials for
the building.
2
Staff Report -Enterprise Rent a Car
November 9, 2007
TREE LOSS AND LANDSCAPE PLAN
No significant trees on the property will be removed.The landscaping based on the building
size is provided meeting code.
GRADING AND DRAINAGE
A NURP pond and infiltration is provided in the northeast corner of the lot.
WETLANDS
The lot line shared between Outlot A and Lot 1 should be revised to provide the minimum of 15
feet of wetland buffer along the building and a minimum average buffer width of 25 feet of
wetland buffer. This can be accomplished by eliminating the right angle jogs in the property line
without moving the building.
LIGHTING
Downcast cut-of fixture lighting is provided meeting code.
SIGNS
The proposed wall signs meet city code.
UTILITIES
City sewer and water is available from Venture Lane.
STAFF RECOMMENDATION
•Guide Plan Change from Office to Community Commercial on 1.6 acres
•Planned Unit Development Concept Review on 1.6 acres
•Planned Unit Development District Review with waivers on 1.6 acres
•Zoning Change from Rural to Community Commercial on 1.6 acres
•Site Plan Review on 1.6 acres
•Preliminary Plat on 1.6 acres into one lot.
This is based on plans dated October 23, 2007, and the following conditions:
1.Prior to City Council review:
3
Staff Report -Enterprise Rent a Car
November 9, 2007
A.Revise the rear lot line on the plans to provide a 15 foot wide wetland buffer.
2.Prior to grading permit issuance, the proponent shall:
A.Notify the City and Watershed District 48 hours in advance of grading.
3.Prior to building permit issuance for the property, the proponent shall:
A.Provide a landscape/tree replacement surety equivalent to 150% of the cost of the
landscape/tree replacement improvements indicated on the approved plan.
B.Submit detailed building plans to the Inspections Department and Fire Marshal for
their review and approval.
C.Submit exterior building material samples and colors for review.
D.Pay the Cash Park Fee.
4.The following waivers have been granted through the PUD District Review for the property:
A.Lot size of 1.60 acres. City Code requires 5 acres.
B.Rear yard setback waiver to 0'. City Code requires 10'.
C.Permanent outdoor display of 59.5% of the base area ratio of the building. City
code permits a maximum 6% of the base area ratio of the building. The waiver
for outdoor display shall be unique to Enterprise Rent a Car, and not transferable
to another rental company or future property owner.
4
Area Location Map -Enterprise Rent a Car
Address: NW Corner of Hwy 5 and Venture Lane
Guide Plan Map
Enterprise Rent a Car
NW Corner of Hwy 5 and Venture Lane
I Low Density Residential 0 -2.5 Units/Acre 0 Neighborhood Commercial
Low Density/Public/Open Space 0 Community Commercial
Medium Density residential 2.5-10 UnitslAcre IA Regional Commercial
Medium Density Residential/Office
High Density Residential 10-40 Units/Acre
C1 Office
rl-A Office/Industrial
Office/Public/Open Space
F-, Industrial
0 Park/Open Space
I Public/Quasi-Public
Golf Course
Church/ Cemetary
D Open Water
I
Right-Of-Way
Parcels
- Metropolitan Urban Service Line (MUSA)
DATE Approv d 03-19-U 3
Creeks DATE Revsed 01-07-05
DATE Recd 11-07-05
water DATE Radsed 02-23-05
DATE Revsed 03-23-D
DATE Revsed OS-23-05
DATE Revsed 12-O6-OE
DATE Rchsed 03-01-07
Zoning Map
Enterprise Rent a Car
NW Corner of Hwy 5 and Venture Lane
Superior Terrace
--'li
Sheldon Avenue
Wagner Way
Fuller Road
West 78th Street
Rural One Family - 10 acre mire ® Regional Service Commercial
81-44 One Family- 44,000 sf.min.= Regional Commercial
RI-22 One Family-22,000 at min.Industrial Park - 2 Ave Min,
R1-13.5
R l-9-5
RM-6.5
l^ RM-2.5
office
One Family-13.500 sf min.
One Family-9,500 sf min.
I
Venture Lane
Industrial Park - 5 Acre M'in.
General Industrial - 5Acre Mn
Multi-Family-6.7 U,PA max .Public
Multi-Family-17.4 U.P.A.max.Golf Course
Water
•J Neighborhood Commercial
7 Community Commercial
Right-of-Way
Chanhassen City I mils
Highway #312 West of County Road #4 is proposed and under construction at this
time.
Up dated through Ordnance #10-2007
Ordinance #332001 (BFI Addition) approved ,but not shown on this map edition
Oats: March 1, 2007
--a^>awuu^ce^es:r ;:^c^us ra.y m_o. m^o:3.-a.xe
.c-ate w^^^ey^-J^., c^ryaeer, Rrr^cs^ca ,...a rn.ar.
N
Highway Commercial
APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
WEDNESDAY, NOVEMBER 14, 2007 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS:John Kirk, Vicki Koenig, Jerry Pitzrick,
Frank Powell, Peter Rocheford,
Fred Seymour, Ray Stoelting, Jon Stoltz,
Kevin Schultz
STAFF MEMBERS:Stu Fox, Manager of Parks and Natural
Resources
Al Gray ,City Engineer
Michael Franzen ,City Planner
Julie Krull, Recording Secretary
V.PUBLIC HEARINGS
A.ENTERPRISE RENT-A-CAR
Request for:
Guide Plan Change from Office to Community Commercial on 1.6 acres;
Planned Unit Development Concept Review on 1.6 acres; Planned Unit
Development District Review with waivers on 1.6 acres; Zoning District
Change from Rural to Community Commercial on 1.6 acres; Site Plan
Review on 1.6 acres; Preliminary Plat of 1.6 acres into one lot.
Paul Gonyea, of Gonyea Properties, presented the proposal. He stated
they are proposing the 3450 square foot building be changed from Office
to Community Commercial. He illustrated the building utilizing the
overhead projector.He stated the proposal meets the parking, floor area
ration and base area ratio requirements.Mr. Gonyea also showed the
exterior of the building, which would consist mainly of brick. He pointed
out the plan also meets the requirement for 75% face brick, glass or
natural stone for exterior materials.
Stoltz asked Franzen to review the staff report. Franzen said staff
recommends approval based on page 3 and 4 of the report. There should
be one change prior to City Council review and that would be to revise the
rear lot line on the plans to provide a 15 foot wide wetland buffer.
Stoltz opened the meeting up for public input.
Stan Riegert, owner of Prairie Lawn and Garden, had one concern with
this proposal.He stated on Venture Lane to get onto Hwy 5 there is a
double line until it reaches the corner. If people come to Enterprise from
the west or east they will have to cross the road where there is a double
line.People also speed down the hill and many times during the winter
cars coming down the hill cannot stop; which creates a traffic hazard.
Stoltz asked Franzen to address this issue. Franzen stated the Traffic
Engineer and City Engineer have looked at the driveway previously and
felt it was in the best possible location. He added that it would for the City
engineer to meet with Stan Riegert and Paul Gonyea out in the field to
review access, safety, and site vision distance.
Mr. Gonyea said the driveway has been moved numerous times and he felt
it is in the best location right now and he also stated Enterprise will not
generate a lot of traffic.
Pitzrick asked Mr. Gonyea how many cars are in the Enterprise fleet at
this location.Mr. Gonyea could not give an exact figure but stated there
will be enough parking for all vehicles on site.
Powell asked Franzen to address grade change and tree loss. Franzen said
they did a tree assessment of the property and there were no significant
trees on site and therefore no replacement is required. Franzen also said
the grade change would be approximately 3-4 feet of fill.
MOTION by Schultz, seconded by Seymour, to close the public hearing.
Motion carried 5-0.
MOTION by Schultz, seconded by Seymour, to recommend approval of
the Guide Plan Change from Office to Community Commercial on 1.6
acres; Planned Unit Development Concept Review on 1.6 acres; Planned
Unit Development District Review with waivers on 1.6 acres; Zoning
District Change from Rural to Community Commercial on 1.6 acres; Site
Plan Review on 1.6 acres and Preliminary Plat of 1.6 acres into one lot
based on plans stamped dated October 23, 2007, and the staff report dated
November 9, 2007.Motion carried 5-0.
CITY COUNCIL AGENDA DATE: December 18, 2007
SECTION: Public Hearings
DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: IX.B.
Community Development/Kinderberry HillPlanning
Janet Jeremiah
Regina Herron
Requested Action
Move to:
•Close the Public Hearing; and
•Adopt the Resolution for Planned Unit Development Concept Review on 5.13 acres; and
•Approve 1st Reading of the Ordinance for Planned Unit Development District Review with
waivers, and Zoning District Amendment within the Office Zoning District on 5.13 acres; and
•Adopt the Resolution for Preliminary Plat on 5.13 acres into two lots and one outlot; and
•Direct Staff to prepare a Development Agreement incorporating Staff and Commission
recommendations and Council conditions.
Synopsis
The site plan shows a 14,537 square foot daycare building and outside activity area.
Background Information
The Planning Commission also reviewed a concept plan for a 4,500 square foot office building
on Lot 2, north of the daycare. The Planning Commission was not comfortable with the plan
since it did not conform to city requirements related to setbacks. The applicant withdrew the
office request.
The 120-Day Review Period Expires on February 27, 2008.
Planning Commission Recommendation
The Planning Commission voted 5-0 to recommend approval of the project at the November 14,
2007 meeting subject to the following conditions:
•Meet exterior material requirements. (Shown on the revised plans.)
•Meet sign size requirements. (Shown on the revised plans)
•Show a five-foot wide concrete sidewalk along the entire length of both sides of Hennepin
Town Road from Pioneer Trail. (To be included as a condition in the development agreement)
•Drainage and utility easements must be shown over the public storm sewer from the
MNDOT right of way; wetland, wetland buffer and wetland mitigation areas. (To be
included on the final plat)
•Provide a Wetland Buffer Evaluation Report (To be included as a condition in the
development agreement)
Attachments
1.Resolution for PUD
2.Resolution for Preliminary Plat
3.Staff Report
4.Location Map
5.Land Use and Zoning Maps
6.Planning Commission Minutes
KINDERBERRY HILL
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2007-
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT OF KINDERBERRY HILL
FOR RYLAUR, 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 14,
2007,on Kinderberry Hill by Rylaur ,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 18, 2007.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1.Kinderberry Hill, 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 December 7, 2007.
3.That the PUD Concept meets the recommendations of the Planning Commission
November 14, 2007.
ADOPTED by the Eden Prairie City Council on the 18th day of December, 2007.
Phil Young, Mayor
ATTEST:
Kathleen Porta ,City Clerk
EXHIBIT A
PUD Concept-(Kinderberry Hill)
Legal Description:
Outlot C, BLUFF COUNTRY VILLAGE, City of Eden Prairie ,Hennepin County Minnesota
KINDERBERRY HILL
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2007-
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF KINDERBERRY HILL FOR RYLAUR, LLC
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of Kinderberry Hill for Rylaur, LLC stamp dated December 7, 2007,
and consisting of 5.13 acres into 2 lots and one outlot, 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 18th day of December, 2007.
Phil Young, Mayor
ATTEST:
Kathleen Porta ,City Clerk
STAFF REPORT
TO:
FROM:
THROUGH:
DATE:
SUBJECT:
APPLICANT:
OWNER:
LOCATION:
REQUEST:
Planning Commission
Regina Herron ,Planner II
Michael D .Franzen ,City Planner
November 9, 2007
Kinderberry Hill
Rylaur, LLC
Hustad Land
Hennepin Town Road and Pioneer Trail
1.Planned Unit Development Concept Review on 5.13 acres.
2.Planned Unit Development District Review on 5.13 acres.
3.Zoning District Amendment in the Office Zoning District on 5.13
acres.
4.Site Plan Review on 5.13 acres.
5.Preliminary Plat of 5.13 acres into two lots and one outlot
Staff Report -Kinderberry Hill
November 9, 2007
BACKGROUND
This 5.13 acre site is part of a 30 acre planned unit development which has been amended several
times since 1998.All of the townhouses and the Walgreen's have been built. A 12,000 square
foot retail building is under construction. The area proposed for amendment is office and
daycare.
The approved plan for this site is two buildings:
•A 9,000 square foot office building.
•A 9,900 square foot daycare building.
The property is guided Office. The property is zoned Office.
SITE PLAN AND PRELIMINARY PLAT
The site plan shows a 14,537 square foot daycare building and outside activity area and a 4,483
square foot office building (concept only.) The base area/floor area ratio is 0.20. Code permits
up to a 0.30 base area ratio and a 0.50 floor area ratio. The daycare building meets the required
setbacks in the Office District.
A total of 95 parking spaces are required for the daycare and future office building, including 26
proof-of-parking spaces, 95 are provided meeting code based on 5 spaces per 1,000 square feet
of building. The project will require a PUD waiver for a 0-foot setback to parking from the side
lot line.
The preliminary plat is to subdivide the property into two lots and one outlot.
Drainage and utility easements shall be shown over the public storm sewer from the MNDOT
right of way; wetland, wetland buffer and wetland mitigation areas. Plans should be revised
prior to council. In addition a Wetland Buffer Evaluation Report is required.
A cross-access easement is required for the shared driveway and storm sewer easements.
PLANNED UNIT DEVELOPMENT WAIVERS
The daycare building requires the following waivers:
•Exterior Materials - The code requires 75% brick, glass, or natural stone. The plan is 53%.
Stucco, metal and cultured stone are 47% of the exterior materials. Since the existing
Walgreens and the retail building under construction conform to code for exterior materials,
Kinderberry Hill should be required to conform. The are many ways to meet code including,
replacing stucco with brick, changing cultured stone to natural cut stone, or a combination of
both.
2
Staff Report -Kinderberry Hill
November 9, 2007
•Signs - The code permits a 50 sq. ft. and a 36 sq. ft. freestanding monument or pylon sign.
The proposed pylon sign is 80 sq. ft. and the monument sign is 36 sq. ft. The plans should be
revised to meet code. The code also permits a 50 sq. ft. wall sign per street frontage. Both of
the proposed wall signs conform.
•Parking - City code requires a 10' side yard setback for parking. The project will require a
waiver for a 0-foot setback to parking from the side lot line. The site plan shows proof of
parking for the daycare on the future office building site.
ARCHITECTURE
The code requires 75% brick, glass, or natural stone. The plans should be revised to meet this
requirement.
TREE REPLACEMENT
The required tree replacement remaining from the 30 acre approved plan is 904 inches. Since 29
inches of trees are being replace on this site the remaining 875 inches must be replaced on the
office site and Outlot A on the west side of Hennepin Town Road
LANDSCAPE PLAN
The landscape plan meets the caliper inch requirement of 44 inches.
SIDEWALKS AND TRAILS
The previous approved PUD for the overall development required a five-foot wide concrete
sidewalk to be constructed along the entire length of both sides of Hennepin Town Road from
Pioneer Trail. Plans should be revised to meet this requirement.
DRAINAGE
All water will drain to an existing NURP pond on the east side of Hennepin Town Road.
LIGHTING
Downcast cut-of fixture lighting is provided meeting code.
OFFICE SITE
This is for concept approval only since the architectural plans have not been developed. The
concept plan should be revised to conform to the 35 foot building setback from Highway 169.
3
Staff Report -Kinderberry Hill
November 9, 2007
STAFF RECOMMENDATION
Alternative One
Recommend approval of the following request:
•Planned Unit Development Concept Review on 5.13 acres.
•Planned Unit Development District Review with waivers on 5.13 acres.
•Zoning District Amendment in the Office Zoning District on 5.13 acres.
•Site Plan Review on 5.13 acres.
•Preliminary Plat of 5.13 acres into two lots and one outlot
This is based on plans stamped dated October 23, 2007 the Staff Report dated November 9, 2007
and the following conditions:
1.Prior to City Council review ,the proponent shall:
A.Revise the plans as follows:
•Meet exterior material requirements.
•Meet sign size requirements.
•Meet setbacks for the office building.
•Show a five-foot wide concrete sidewalk along the entire length of both sides of
Hennepin Town Road from Pioneer Trail.
•Drainage and utility easements must be shown over the public storm sewer from
the MNDOT right of way; wetland, wetland buffer and wetland mitigation areas.
B.Provide a Wetland Buffer Evaluation Report.
2.Prior to grading permit issuance, the proponent shall:
A.Notify the City and Watershed District 48 hours in advance of grading.
B.Install erosion control on the property, as well as tree protection fencing at the
grading limits in the wooded areas for trees to be preserved as part of the
development. Said fencing shall be field inspected by the City Forester prior to any
grading.
C.Submit detailed storm water runoff, utility, and erosion control plans for review and
approval by the City Engineer and Watershed District.
3.Prior to building permit issuance for the property, the proponent shall:
4
Staff Report -Kinderberry Hill
November 9, 2007
A.Provide a landscape/tree replacement surety equivalent to 150% of the cost of the
landscape/tree replacement improvements indicated on the approved plan.
B.Submit detailed building plans to the Inspections Department and Fire Marshal for
their review and approval.
C.Submit exterior building material samples and colors for review.
D.Pay the Cash Park Fee.
4.The following waiver is granted through the PUD for the project:
A.A 0-foot setback to parking from the side lot line.
Alternative Two
Recommend that the project be continued to the December 10, 2007 Planning Commission
meeting with direction to revise the plans according to the recommendations in the staff report.
5
Area Location Map - Kinderberry Hill
Address :Hennepin Town Road &Pioneer Trail
Guide Plan Map
Kinderberry Hill
Hennepin Town Road & Pioneer Trail
Pioneer Trail
Lee Drive
Low Density Residential 0 -2.5 Units/Acre
Low Density/Public/Open Space
Hennepin Town Road
Neighborhood Commercial
Community Commercial
Medium Density residential 2.5-10 Units /Acre J Regional Commercial
0 Medium Density Residential /Office
LI High Density Residential 10-40 Units/Acre
I Office
Office/Industrial
Park/Open Space
Public/Quasi-Public
Golf Course
= Church/ Cemetary
Open Water22 Office/Public/Open Space
Right-Of-Way(Industrial
Parcels
H Y1
Metropolitan Urban Service Line (MUSA)
DATE App,.d 03-10 11 3
Creeks DATE Reused 01-07-05
I
Belmont Lane
water
DATE Reused 11-07-05
DATE Revsed 02-23-06
DATE Revised 03-23-06
DATE Revsed 00-23-06
DATE Re•ns^d 12-06.06
DATE Revised 03-01-07
Zoning Map
Kinderberry Hill
Hennepin Town Road & Pioneer Trail
Juniper Lane
/Belmont Lane
Hennepin Town Road
Rural
RlA4
R1-22
R1-13.5
R1-9.5
RM-65
RM-25
once
Pioneer Trail
One Family - 10 acre min.Regional Service Commercial Highway #312 West of County Road #4 is proposed and under construction at this
One Family- 44,000 sf_ min .Regional Commercial time.
One Family-22,000 at min.Industrial Park - 2 Acre Min,Up dated through Ordinance #10-2007
One Family-13,500 sf min.f Industrial Park - SAcre Min_Ordinance #33-2001 (BFI Addition) approved, but not shown on this map edition
One Family-9,500 sf min.General Industrial - 5Acre Min.Date :March 1. 2007
Multi-Family-6.7 U.P.A. max.Public
Multi-Family-17.4 U.P.A. max.Golf Course
= Neighborhood Commercial
Community Commercial
1 Water
Right-of-tnray
Chanhassen City limits
N
A
EDEN
PRAIRIE
111'13 v. III a,i lfa:111
[Highway Commercial
APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
WEDNESDAY, NOVEMBER 14, 2007 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS:John Kirk, Vicki Koenig, Jerry Pitzrick,
Frank Powell, Peter Rocheford,
Fred Seymour, Ray Stoelting, Jon Stoltz,
Kevin Schultz
STAFF MEMBERS:Stu Fox, Manager of Parks and Natural
Resources
Al Gray,City Engineer
Michael Franzen ,City Planner
Julie Krull, Recording Secretary
V.PUBLIC HEARINGS
B.KINDERBERRY HILL
Request for:
Planned Unit Development Concept Review on 5.13 acres; Planned Unit
Development District Review with waivers and Zoning District
Amendment within the Office Zoning District on 5.13 acres; Site Plan
Review on 5.13 acres; Preliminary Plat of 5.13 acres into two lots and one
outlot.
Peter Hilger, representing Rylaur, LCC, presented the proposal.He
presented the site plan showing the location of the daycare and the office
building. Hilger told the commission that they want a waiver on exterior
materials to use cultured stone instead of real stone that is required by
code because of the cost issue. They also do not agree with the
requirement to build a sidewalk along the entire length of both sides of
Hennepin Town Road from Pioneer Trail. He added that they want a
waiver for a larger sign, a waiver for office building setback because of
the unusual shape of the lot, and a zero lot line setback to parking.
Beth Simonstad, owner of the property, stated they would like some
verification on setbacks. She also stated, in regards to the sidewalk issue,
she is unsure why they sidewalk has to go all the way to Pioneer Trail.
Stoltz asked Mr. Hilger to show an example of what the cultured stone
would look like.Mr. Hilger showed an example of the cultured stone and
real stone, without telling Commission Members which was which.
Stoltz asked Franzen to review the staff report. Franzen stated the staff
recommends approval based on page 4 and 5 of the staff report with
recommendations prior to City Council that are listed on page 4 of the
staff report.The revisions are as follows:
•Meet exterior material requirements.
•Meet sign size requirements.
•Meet setbacks for the office building.
•Show a five foot wide concrete sidewalk along the entire length of
the east side of Hennepin Town Road from Pioneer Trail.
•Drainage and utility easements must be shown over the public
storm sewer from the MNDOT right of way; wetland, wetland
buffer and wetland mitigation areas.
Stoltz opened the meeting up for public input. There was no input.
Stoltz asked Mr. Hilger to display the stones again. Schultz said he has no
problem with the cultured stone the project proponent would like to use.
Stoltz asked Mr. Hilger what the difference in cost would be.Mr. Hilger
said there is about 2 %2 times difference in cost. Franzen commented
cultured stone is a permitted building material, but it is limited to 25% of
the building area. The code requires approved exterior materials to be
75%; brick, natural stone and glass.
Pitzrick asked if E.F.I.S. was going to be put on the building.Mr. Hilger
said it would be stucco on the gables.
Beth Simonstad commented if this office setback waiver is not approved
she will have to ask for damages from MNDOT in regards to a portion of
the land they took. Pitzrick said if the settlement is agreed upon, the City
should benefit from that action. Franzen commented that if the owner is
financially compensated by Mn Dot then the City should not grant the
waiver, because the owner is being compensated for loss of development
potential. In other project s where land is dedicated to MnDot, the City has
granted waivers on setback.
Stoltz went over with the items to be revised prior to City Council review
and asked the proponent if they were in agreement with the requirements.
Hilger said they do not have a problem with the conditions for easements,
did not expect a requirement for sidewalks and wants the waivers for
office setback, exterior materials, and sign size.
Beth Simonstad showed an illustration of where the sidewalk would be
located and said she was not expecting they would have to put it in front
of Walgreens. Seymour questioned this also and asked why Walgreens
had not put this in. Franzen clarified that the requirement for a sidewalk is
on the eastside of Hennepin Town Road, since a trail exists on the west
side. Franzen added that the sidewalk is a contractual obligation of the
developer from a 2002 development agreement. Beth Simonstad said she
was unaware of this and said they will complete the sidewalk as
previously required.
Stoltz asked Franzen to address the issue of the office building. Franzen
said the approved plan had a 9900 square foot day care and a 9000 square
foot office building that met setback requirements. The new plan has a
larger daycare which makes the proposed office site smaller with an
irregular shape lot which leaves little room to put an office building on
site.The project proponent could either make the office building smaller
or could withdraw the office building proposal and bring it back when
someone is ready to build. Beth Simonstad reiterated again the county
condemned the additional land after previous approval of the property.
She also pointed out the real limitation of this site is the access point.
Pitzrick commented the plan makes sense but if the project proponent is
going to benefit from MNDOT taking land than the City should gain some
benefit.Beth Simonstad agreed they should both be compensated.
Stoltz asked what the time line of the project would be.Mr. Hilger said
they would start the project in early spring.
Stoltz asked if the Commission Members would have a problem taking the
office building off of the proposal. Pitzrick said he would not. Schultz
concurred with Pitzrick. Seymour said he does not have an issue with the
office building but with that the exterior material needs to comply.
Powell said he agreed with Seymour about the exterior material but also
feels this project could be approved with the office building on site and
added that Beth. Simonstad could go ahead and negotiate with MNDOT.
Pitzrick asked if there could be something we get in return for granting the
setback waiver. Franzen stated that any award from MnDot goes to the
property owner and no benefit can go to the City. The City can grant
waivers if there is a planning benefit to the City, citing for example if
there were 5, 30 inch oak trees along the road and they could be saved by
granting a waiver.
Stoltz asked Franzen if after hearing this discussion if he has considered
changing any of the staff recommendations. Franzen said he has not. In
regards to exterior materials he noted two reasons for requiring plans to
meet code; the approved plan for this property met code and to be
consistent with the application of the code to developers, since Walgreens
and the retail building adjacent to this site meet code.
Stoltz asked how the project proponent would like to proceed with the
proposal.Mr. Hilger said he would like the day care approved tonight and
move the office building to the December 10th meeting. Franzen said it
would be better not to separate the items since they are part of a planned
amendment. I t would be better to continue the project as a whole or the
proponent could withdraw the office request. Schultz said it would be
appropriate to continue the whole project until December 10th . Stoltz
commented if we continue the project we need to give the project
proponent specific guidelines. Seymour said nothing needs to be
discussed because they need to revise plans based on page 4 of the staff
report.
Pitzrick said he would like to see this project use real stone.
Stoltz asked Mr. Hilger what he would like to do. Hilger responded they
would withdraw the office proposal, revise the plan for easements, exterior
materials, and signs. In regards to stone, it looks like the Commission
prefers real stone to be used and he just wants to make sure that is what
they really want.
MOTION by Schultz, seconded by Seymour, to continue the project to
the December 10, 2007 meeting and direct the proponent to the revise the
plans according to the staff report.
Franzen then asked the Planning Commission since the proponent has
already agreed to withdraw the office proposal and revise the plans
according to the staff report is a continuance is necessary. If you want to
see revised plans before sending it on to City Council then a continuance
would be appropriate.
Schultz withdrew the motion.
MOTION by Schultz, seconded by Seymour, to close the public hearing.
Motion carried 5-0.
MOTION by Schultz, seconded by Pitzrick, to recommend approval of
the Planned Unit Development Concept Review on 5.13 acres; Planned
Unit District Review with waivers and Zoning District Amendment within
the Office Zoning District on 5.13 acres; Site Plan Review on 5.13 acres
and Preliminary Plat of 5.13 acres into two lots and one outlot based on
plans stamped dated October 23, 2007, and the staff report dated
November 9, 2007 and based on the following conditions: accepting the
withdrawal of request from the project proponent for concept approval of
the office portion of the proposal and a with a condition to build a 5 foot
concrete sidewalk on the east side of Hennepin Town Road from Pioneer
Trail to the northeast corner of the plat.Motion carried 5-0.
CITY COUNCIL AGENDA DATE:
SECTION: Public Hearings December 18, 2007
DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: IX.C.
Community Development/Planning Town Center Ordinance and TownJanet Jeremiah Center Design GuidelinesMichael D. Franzen
Requested Action
Move to:
•Close the Public Hearing; and
•Approve 1St Reading of the Ordinance Approve 2nd Reading of the Ordinance amending
Chapter 11 adding Subd. 11.27 - Town Center Zoning District.
•Adopt the Town Center Design Guidelines
Synopsis
This is first reading of the ordinance to create a Town Center District. The district establishes
uses ,height and density consistent with the MCA plan. The district is also based on conforming
to the Town Center Design Guidelines.
Second reading of the ordinance is under section Ordinances and Resolutions.
Planning Commission Recommendation
The Planning Commission voted 7-0 to recommend approval of the ordinance to create a Town
Center District.
The Planning Commission voted 6-0-1 to recommend approval of Town Center Design
Guidelines.
Attachment
1.Proposed Ordinance
2.PC Minutes 11-26-07
3.Memo from HGKI
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO._-2007
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING
CITY CODE CHAPTER 11 BY ADDING SECTION 11.27 RELATING TO THE
CREATION OF A TOWN CENTER ZONING 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.City Code Chapter 11 is amended by adding Section 11.27 which shall read as
follows:
SECTION 11.27. TC TOWN CENTER DISTRICT
Subd .1. Purposes .The intent of the Town Center (TC) zoning district is to provide an area for
development of an attractive, compact, walkable, mixed-use town center that creates a
live/work/play environment for the community. To support the intent of the Town Center, the
purposes of the TC zoning district are to:
A.Provide a mix of higher density regional uses ,vertical mixed uses, more housing within
walking distance of services, and a more efficient, compact and connected development
pattern;
B.Incorporate connections between the various land uses; including pedestrian, street and
visual;
C.Incorporate civic amenities such as urban parks and plazas, civic and cultural spaces,
sidewalks and trails, and landscaped streetscapes;
D.Promote land-efficient parking design, including structured parking, on-street parking,
and shared parking;
E.Locate and design buildings that are oriented to public spaces, including streets,
sidewalks, plazas and open spaces, to create the feel and function of a traditional town
center and to emphasize a pedestrian oriented environment; and
F.Encourage non-automobile access and circulation, including transit, walking and biking.
The standards applicable to the TC zoning district are intended to implement the vision, goals
and principles established in the Eden Prairie Major Center Area Framework Plan and Major
Center Area Planning Principles and the Town Center Design Guidelines, which will be carried
out through specific standards related to land use mix, site planning, building bulk & dimensions,
architecture,building materials, transportation access, parking, landscaping, signage and
lighting.
Subd .2.Definitions .The following terms, as used in this Section, shall have the following
meanings:
A."Building Break - A recess in the building fa ade that provides fa ade articulation,
creates the impression that one building is two or more buildings, incorporates a unique
building element, and improves the building's overall composition and aesthetic.
Minimum requirements for a building break are a depth of two (2) feet and a width of
four (4) feet.
B."Building Stepback - A setback of a building's upper floor(s) in order to reduce the
building's bulk, articulate the base of the building, ensure a more comfortable street
environment, and provide light and air at street level.
C."Building Street Frontage - The proportion of a lot's frontage on a public street that is
occupied by a building as measured at the required maximum front yard setback. Corner
lots must meet maximum front yard setback requirements for both public street frontages.
D."Building Transparency - Openings in the street-facing fa ade of a building which are
transparent, including windows and doors, that enable increased physical and/or visual
interaction between street/sidewalk/plaza activities and a building's interior uses and
activities.
E."Community Commercial - Medium-scale retail stores and personal services primarily
serving the residents and employees of the community. No individual building or tenant
space shall exceed 60,000 sq. ft. in area.
F."Drive-Through Facilities - Facilities that accommodate automobiles and from which
the occupants of the automobiles may make purchases or transact business, including the
stacking spaces needed for waiting vehicles. Examples of drive-through facilities include,
but are not limited to, drive-up windows, menu boards, order boards or boxes, drive-in
restaurants and drive-up banks.
G."Joint Use Parking - A parking facility shared by two or more uses ,or a parking facility
that is shared by one or more uses and a unit of general purpose government or a public
agency.
H."Mixed-Use Building - A multi-story building that contains allowed retail and services
on the ground floor and allowed residential and/or office uses on the upper floors.
I."Neighborhood Commercial - Small-scale retail stores and personal services primarily
serving nearby residential areas and nearby businesses and their employees and small-
scale specialty shops and services that contribute to the uniqueness and vibrancy of Town
Center and may attract a larger trade area. No individual tenant space shall exceed 10,000
sq. ft. in area with the exception of grocery stores, which shall not exceed 25,000 sq. ft. in
area. Drive-through facilities are prohibited as a neighborhood commercial use.
J."Usable Outdoor Open Space - Planned and improved outdoor facilities and open spaces
that provide active or passive recreational, relaxation or gathering opportunities,
including, but not limited to, any one or more of the following: parks; plazas; play areas;
maintained and landscaped lawn with trees and seating areas; natural or landscaped
walking paths and running trails; pedestrian spaces; publicly accessible natural or wildlife
viewing areas; gardens; ponds and water features; and other similar environments. Usable
outdoor open space shall not include: landscape strips or enlargements/enhancements of
landscaping areas adjacent to the sidewalk; shrubs, flowers and other low profile
landscaping around buildings, sidewalks and parking areas; required minimum building
setback areas; yards associated with private dwellings; or outdoor areas that prohibit
public or resident access during normal business hours for the area.No areas of usable
open space shall contain less than 2,000 contiguous square feet.Usable open space in
Mixed Use and Commercial sub-districts should be located near primary building
entrances and be accessible by the public from a public sidewalk or streetscape area at
least during normal business hours of the surrounding area.
Subd .3. Sub-Districts .The TC zoning district is divided into three (3) sub-districts:
A.Town Center Mixed Use (TC-MU):Town Center Mixed-use requires higher intensity
vertical mixed-use buildings with ground floor retail shops ,services and restaurants that
front onto Town Center 's "Main Streets and are pedestrian -oriented. In order to support
a live/work/play environment ,the upper floors shall be primarily residential uses, both
rental and ownership housing ,with a minimal amount of office uses allowed.
B.Town Center Residential (TC-R):Town Center Residential allows a mix of stacked
housing types including high density high-rise residential and high density mid-rise
residential.These higher density housing types, both rental and ownership, shall be
designed to optimize the district's walkable access to retail, services, restaurants, parks
and trails, transit and community facilities. High rise buildings shall be located and
designed to take advantage of views of nearby natural amenities and where significant
shading of lower buildings will not occur.
C.Town Center Commercial (TC-C):Town Center Commercial allows a mix of lower
intensity commercial uses including community retail,services,restaurants,
entertainment, office, and hospitality/lodging. Site layout, building design and parking
strategies shall support the compact and pedestrian-oriented character of the district.
Subd .4. Design Guidelines .All new development, redevelopment and subdivisions within the
Town Center district shall be in substantial conformance with the Town Center Design
Guidelines. Development proposals will be reviewed as part of the Site Plan and Architectural
Design Review process for conformance with the City Codes and the Design Guidelines.
Subd .5. Permitted Uses. Table 1 establishes the permitted and accessory uses in the TC zoning
district.
Table 1: Permitted Uses in Town Center District (Permitted = P, Accessory = A
Use TC-MU TC-R TC-C
Commercial
Neighborhood commercial P
Community commercial P
Restaurants and food service w/o drive-thru
facilities
P P
Business and professional offices and clinics Al P
Hotels P
Residential
High-rise multiple-family attached dwelling units
with minimum gross density of 60 units per acre
P
Mid-rise multiple-family attached dwelling units
with minimum gross density of 40 units per acre
P
Mixed-Use
Mid-rise multiple-family attached dwelling units w/
ground floor retail/restaurant/services2
P
Multi-story office w/ ground floor
retail/restaurant/services2
P
Public
Public facilities and services P P
Libraries P P
Parks P P P
Transit facilities P P
1 Business and professional offices and clinics shall be located in mixed-use building, shall not be located on the
ground floor and shall not occupy more than 25% of upper floors' gross square footage.
2 Ground floor uses with street frontage shall be 100% retail, restaurant and/or services.
Subd .6. Permitted Building Types. The following building types are established as the only
types of new buildings allowed within the TC district.
A.Building Type A, Vertical Mixed-Use Residential /Commercial. Type A buildings shall
have retail ,restaurant and/or service uses on the ground floor with residential on the
upper floors. Parking may be included below or above the ground floor.
B.Building Type B, Vertical Mixed-Use Office/Commercial.
C.Building Type C,High-Rise Residential.
D.Building Type D, Mid -Rise Residential.
E.Building Type E,Entertainment /Restaurant/Services .Type E buildings may include
entertainment ,restaurant and/or services uses
F.Building Type F,Hospitality/Lodging.
G.Building Type G, Community Retail.
H.Building Type H, Parking Structure.
Table 2 establishes where the permitted building types can be located within the Town Center
district.
Table 2: Permitted Building Tvaes in Town Center District
Buildin Type TC-MU TC-R TC-C
Type A P
Type B P
Type C P
Type D P
Type E P
Type F P
Type G P
Type H P P P
Subd .7. Required Conditions.
A.Zoning requests will be considered only on the basis of a Comprehensive Guide Plan for
the entire area to be zoned and specific plans for initial structures and site development.
B.All zoning requests must include a trip generation analysis that indicates the traffic
impacts on the overall Major Center Area (MCA) and demonstrates that the proposed
development is not in conflict with the MCA traffic model.
C.Acceptable ,approved sanitary sewer and water services must be provided to all occupied
structures.
Subd .8. Building Bulk & Dimension Standards .Table 3 establishes specific bulk and
dimension standards for new buildings in the Town Center District.
Table 3: Building Bulk & Dimension Standards for Town Center District
Standard TC-MU TC-R TC-C
Lot Size None None None
Lot Width 50 ft min 50 ft min 50 ft min
Lot Depth 100 ft min 100 ft min 100 ft min
Front Yard Setback (ft)0 min 10 max 10 min 20 max 0 min 15 max
Side Yard Setback (ft)0 min 10 min 5 min
Rear Yard Setback (ft)0 min 20 min 10 min
Building Height'
(# of floors)
4 min 6 max 4 min 10 max 1 min 3 max
Building Footprint
Coverage
50% min 75% max 40% min 60% max 30% min 50% max
Floor Area Ratio (FAR)'2.25 max 2.25 max 0.5 max
Building Street Frontage 75% min 60% min 50% min
Impervious Surface
Coverage
90% max 75% max 75% max
Ground Floor Height 12 ft min None 12 ft min
Street Fa ade Building
St back
8 ft min
(above 4 floors)
8 ft min
(above 6 floors)
N/A
Street Fa ade Building
Breaks3
20% min 15% min 15% min
Street Level Frontage
Transparency
60% min 20% min 40% min
Usable Open Space 5%10%N/A
1 Parking structures shall not be included in calculation of # of Floors, FAR and Building Footprint Coverage.
2 Maximum building height and maximum FAR may be exceeded for permitted hotel, lodging and entertainment
uses ,when the peak period trips generated is in compliance with the MCA traffic model.
3 Buildings exceeding 40 feet in width along a street are required to incorporate building breaks in the street fa ade
that break the building into smaller facades, which may be a maximum of 40 feet in width.
Subd .9.Non-Residential Building Orientation to Street and Pedestrian Areas.All new
mixed-use and commercial buildings shall provide a variety of active uses and pedestrian-
oriented design features along streets and pedestrian areas. These design features include, but are
not limited to, the use of multiple storefronts or businesses, multiple entrances into large single-
tenant buildings, and design treatments of facades, entrances, windows, and other similar
features. Buildings and developments shall comply with the following standards for building
orientation:
A.All new buildings shall have primary entrance doors facing a public sidewalk or public
open space and spaced no more than sixty (60) feet apart .A primary entrance is defined
as a principal entrance through which people enter the building. A building or individual
business may have more than one primary entrance .Building entrances may include
doors to individual businesses ,lobby entrances, entrances to pedestrian-oriented plazas,
or courtyard entrances to a cluster of stores. Primary entrances shall be open to the public
during all business hours.
B.Primary building entrances shall be architecturally emphasized and visible from the
street.Primary building entrances shall be clearly defined and highly visible utilizing
design features such as awnings, canopies, pillars, unique building materials and/or
architectural details.
C.A minimum percentage of a mixed-use and commercial building's street-facing ground
level fa ade between two (2) feet and eight (8) feet in height shall be comprised of clear
windows, as specified in the Street Level Frontage Transparency standard in Table 3
above, in order to allow views of indoor non-residential space or product display areas.
Required windows shall have a sill no higher than four (4) feet above the adjacent
sidewalk.
Subd. 10. Provision of Off-Street Parking Facilities.
A.Due to the more urban pedestrian oriented character of the Town Center area, the location
and quantity of off-street parking spaces will be reviewed on a case-by-case basis as part
of the development review process. In general, the intent is for developments to provide a
reduced number of off-street parking spaces to account for availability of joint and
shared-use parking,parking efficiencies resulting from a compact mixed-use
development pattern, on-street parking, transit, walking and bicycling. Off-street parking
facilities shall be provided as established in Table 4 or as determined through the
development review process, recognizing the potential for district, shared and public
parking. Table 4 establishes minimum and maximum off-street parking standards for uses
within the Town Center district.
Table 4: Off-Street Parking Suace Standards for Town Center District
Use TC-MU TC-R TC-C
(# of sp aces)(# of s aces (# of s aces
Minimum Maximum Minimum Maximum Minimum Maximum
Multiple-1/d.u.1/ bedroom 1/d.u.1.25/N/A N/A
Family bedroom
Residential
Retail 3/1,000 sq 5/1,000 N/A N/A 4/1,000 6/1,000
Stores&
Services
ft sqft sqft sqft
Restaurant 1/3 seats 1/2.5 seats N/A N/A 1/3 seats 1 /2 seats
Office 3/1,000 sq
ft
4/1 ,000
s q ft
N/A N/A 4/1,000 sf 5/1,000
s q ft
Hotel N/A N/A N/A N/A 1/guest room
+I/emp loy ee
Others As determined by site plan review.
B.On-site parking is prohibited in the front yard directly in front of a building, except for
frontage along Highway 212. Parking shall be provided to the rear or side of buildings.
C.All parking in the TC-MU sub-district shall be in a parking structure or on the street.
D.All off-street parking for residents in the TC-R sub-district shall be provided in an
enclosed building or structure.
E.Off-street surface parking for visitors in the TC-R sub-district may be provided up to a
maximum of one space per five dwellings.
Subd .11. Architectural Standards .All buildings shall comply with Architectural Standards
established in Section 11.03 Subd 3(K) of Chapter 11 of the City Code and shall be in substantial
conformance with the Town Center Design Guidelines.
Subd .12. Landscaping.
A.All sites and buildings within the TC district shall comply with Screening and
Landscaping standards established in Section 11.03 Subd 3(G) of Chapter 11 of the City
Code,except for Items 4. (a). Minimum Size Requirements for Plantings and 4. (b) Total
Caliper Inches Required .The following standards apply within the TC district in lieu of
said Item 4.(a):
1 Minimum Size Requirements for Plantings: Deciduous overstory plantings shall
be a minimum of three (3) caliper inches; deciduous understory trees shall be a
minimum of two (2) caliper inches; and coniferous trees shall be a minimum of
eight (8) feet in height.
2.Total Caliper Inches Required: A minimum of one (3) caliper inches of trees shall
provided for every 500 square feet of on-site pervious surface area or portion
thereof.
B.Landscaping shall be in substantial conformance with the Town Center Design
Guidelines.Due to the urban character of the Town Center District, less landscape space
will be available than in other zoning districts. Therefore a higher level of design detail
and level of landscaping is required for the concentrated open space, pervious surface
areas, plazas, planters, screening areas and streetscape areas.Rooftop gardens and green
roofs are encouraged.A detailed landscape plan prepared by a landscape architect shall
be submitted with the development application.
Subd .13. Signage .All sites and buildings shall comply with Sign Permits standards established
in Section 11.70 and shall be in substantial conformance with the Town Center Design
Guidelines.
Subd .14. Lighting .All sites and buildings shall comply with Glare standards established in
Section 11.03 Subd 4(E) and shall be in substantial conformance with the Town Center Design
Guidelines.
Subd. 15. Mechanical Equipment,Trash ,Loading Facilities .All sites and buildings shall
comply with the Screening standards in Section 11.03 Subd 3(G), Off-Street Loading Facilities
standards in Section 11.03 Subd 3(I) and Wastes standards in Section 11.03 Subd 4(F) of
Chapter 11 of the City Code and shall be in substantial conformance with the Town Center
Design Guidelines.
Section 2.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 3.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 18th
day of December, 2007, and finally read and adopted and ordered published at a regular meeting
of the City Council of said City on the day of December, 2007.
Kathleen Porta ,City Clerk Phil Young, Mayor
PUBLISHED in the Eden Prairie Sun Current on the day of ,2007.
UNAPPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, NOVEMBER 26, 2007 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS:John Kirk, Vicki Koenig, Jerry Pitzrick,
Frank Powell, Peter Rocheford,
Fred Seymour, Ray Stoelting, Jon Stoltz,
Kevin Schultz
STAFF MEMBERS:Stu Fox, Manager of Parks and Natural Resources
Al Gray ,City Engineer
Michael Franzen ,City Planner
Julie Krull, Recording Secretary
1.PLEDGE OF ALLEGIANCE - ROLL CALL
Chair Stoelting called the meeting to order at 7:00 p.m. Absent: Koenig and Stoltz.
II.APPROVAL OF AGENDA
MOTION by Kirk, seconded by Schultz, to approve the agenda.Motion carried
7-0.
III.MINUTES
PLANNING COMMISSION MEETING HELD ON November 14, 2007
MOTION by Seymour, seconded by Powell, to approve the minutes .Motion carried
4-0.Kirk, Rocheford, and Stoelting abstained.
Stoelting recognized Jorgen Hatchett, a student who will be attending the next few
Planning Commission meetings.
IV.INFORMATIONAL MEETINGS
V.PUBLIC MEETINGS
VI.PUBLIC HEARINGS
A.TOWN CENTER ORDINANCE
EDEN PRAIRIE PLANNING COMMISSION MINUTES
November 26, 2007
Page 2
This is the final form of the draft ordinance the Commission reviewed earlier this
year.The Staff recommends approval.
Greg Ingraham, of HKGi, presented the proposal. He pointed out the items in the
Public Hearing are two-fold; the Town Center Design Guideline and the Town
Center Zoning District ordinance.Mr. Ingraham gave some history on the
project.He also pointed out the Guideline uses three sub-districts; mixed-use,
residential and commercial to reflect the different land uses, intensities and
character which the MCA study established within the Town Center. The basic
premises behind the three sub-districts are: require vertical mixed-use (residential
and retail) development in the core Town Center mixed-use area; concentrate
residential development close to Lake Idlewild and the mixed-use area; locate
commercial development in the area between the mixed-use core and TH 212.
The guidelines also include recommendation for sustainable development,
creation of gateways and outdoor gathering spaces and plazas per the direction
from the Planning Commission and the City Council. Mr. Ingraham also pointed
out the Town Center Zoning District ordinance follows the Eden Prairie Zoning
Code format, but includes some key differences. It requires new development in
the Town Center area to be denser than other zoning areas in the City. It has
pedestrian/street-oriented building placement standards, which require buildings
to be built close to the sidewalk or streetscape area and to have a lot of glass and
openness at the street level and to have entrance doors facing streets and public
open spaces. It requires the buildings to be designed with articulated facades and
height step-backs to add visual interest and moderate the intensity of taller
structures.Another requirement would be to have vertical mixed-use buildings
with retail at street level in the Town Center mixed-use core area. It also requires
structured parking in the mixed-use district and limits the location of on-site
surface parking in other districts and it uses slightly lower parking requirements
than any other area in the City to account for an environment of shared parking,
transit access and a mix of uses which promotes walkable access.Mr. Ingraham
stated the Town Center Zoning District is intended to be regulatory, and when
creating new development in the Town Center area they will conform to the Town
Center Design Guidelines.
Stoelting asked Franzen for his opinion in regards to the Town Center Ordinance.
Franzen said the Commission Members should look at the Design Guidelines and
the Town Center Ordinance after Windsor Plaza and Presbyterian Homes are
built. If the projects are not up to expectations then the guidelines may require
some adjustments. Franzen pointed out the Design Guideline is to address how
things are going to look and the Ordinance pertains to how much can be built.
Stoelting opened the meeting up for public input. There was no input.
Pitzrick stated he had some concerns with durability of structures in the mixed-
use areas .In regard to 4-5 story buildings, he pointed out they can still be made
of wood. Any thing above would have to be concrete, which concerns him. He
EDEN PRAIRIE PLANNING COMMISSION MINUTES
November 26, 2007
Page 3
pointed out he would change the height of the building or talk about durable
structures in relation to buildings.
Stoelting clarified with Franzen if we are going to talk strictly about the
Ordinance first and then the Guidelines during the Planner's Report or if we
would be addressing both of the issues at this time. Franzen stated because the
Ordinance is also dependant on the guidelines both could be discussed at this
time.
Stoelting asked where in the guidelines it talks about Pitzrick's issue. Pitzrick
said it was not listed in the guidelines but he would like to address the issue.
Stoelting clarified if it would be just in the mixed-use area. Pitzrick confirmed it
would be just in the mixed-use area.
Bill Baxley, of BKV Group, said in discussing the structural materials, the
buildings can be made of wood up to 5 stories. He pointed out what also
contributes to longevity is what the building is clad with. Pitzrick said he
disagrees with that statement and believes concrete would be more durable than
wood.Mr. Baxley said the Commission can dictate what material should be used
but normally this is something that does not happen. Usually the Commission
will just set the guidelines. Pitzrick said he can go with what the architect would
like to do, but he feels the structure of the building would not be as long term as
he would like. He pointed out a way to overcome this would be to change the
ordinance to put buildings over 5 stories.Mr. Baxley said that would create
another issue and would be financially enormous. They could not just do 6 story
buildings, because of the financial impact, they would have to do 10 story
buildings.
Pitzrick stated in regard to the residential area, there is a business already located
in the neighborhood which creates a lot of jobs in the area. He asked how we can
keep the business in the area without having them relocate. He suggested when
they would renovate the facility they place the manufacturing component
underground. Powell piggybacked on Pitzrick's thoughts on the wood structure
of the buildings.He said he can envision the buildings being constructed of brick
or concrete and wonders why the guidelines do not address this issue. He pointed
out he is not fond of having wood clad materials on the buildings. He would like
to only see 5-10% exterior wood on the building. Powell also stated in looking
through the guidelines, he did not see the definition of useable outdoor space and
would like to know how we can make sure this happens. Franzen said the
circumstances would have to be looked at individually. They would have to look
at where the open space is going to be located and decide from there as to its size
and location. Franzen also pointed out with design guidelines, the Commission
has more of an opportunity to influence open space.
EDEN PRAIRIE PLANNING COMMISSION MINUTES
November 26, 2007
Page 4
Powell said he understands how quality of open space supersedes how much land
is used for open space but is concerned the open space, or amount there of, could
change in the future.
Kirk asked what the process would entail to change the guidelines. Franzen stated
it would be a normal review with the Commission with a staff and Commission
recommendation sent to the council. It would be a 60-90 day process. He stated
the guidelines should be flexible and future Commission Members should be able
to make adjustments if needed.
Rocheford said guidelines are only as good as the Commission Members who
approve them. He pointed out the Commission Members should not make the
guidelines too tight and restrictive, and they should be kept open to all type of
construction and each construction project should be looked at individually.
Pitzrick commented he would like to see the guidelines modified.
Seymour said he believes the Ordinance was well written and to go forward with
approving it. Schultz agreed with Rocheford and Seymour. Stoelting said he
believes the guidelines and the Ordinance are both well-written.
MOTION by Rocheford, seconded by Schultz, to close the public hearing.
Motion carried 7-0.
MOTION by Rocheford, seconded by Kirk, to recommend approval of the Town
Center Ordinance. Stoelting asked if there was any discussion to the motion.
Pitzrick said on page 17 of the guidelines, it addresses power lines ,but on page 5,
it does not address the spacing if the power lines were to remain. He stated
previously when they discussed power lines on the new main street the power
lines were to be to the east of the project and he questioned why they were not
there now. Stoelting clarified the motion was for approval of the Ordinance and
not the guidelines and we should be addressing the Ordinance .Motion carried
7-0.
VII.PLANNERS'REPORT
A.TOWN CENTER DESIGN GUIDELINES
Mr. Ingraham stated the sections represent relationships and are diagrammatic.
He also pointed out there are different alternatives to the power line corridors
which could be taken into consideration.
Janet Jeremiah, Development Director, pointed out at the end of December the
streetscape planning elements will be addressed. The streetscapes will show
alternative elevations and how they can work with the power lines.
EDEN PRAIRIE PLANNING COMMISSION MINUTES
November 26, 2007
Page 5
Pitzrick said he was glad the study was done on power lines because the
information will be needed for future reference. He also said he would like to see
the diagram on page 5 show the power line does not exist there or else to put it in.
Mr. Ingraham said this diagram does not show anything in the background and
that is why the power line is not shown.
MOTION by Rocheford, seconded by Schultz, to recommend approval of the
Town Center Guidelines.Motion carried 6 -0; Pitzrick abstained.
B.ACTIVE COMMUNITY PLANNING
Monique Mackenzie made the presentation on Chapter 10 of the Guide Plan
Update. This chapter includes a goal and policies to improve health relating to
the following Active Community Planning topics:
1.Air quality
•Tree planting
•Land use buffers
2.Water quality
•Infiltration filtering
•Volume management/erosion control
•Best management practices
3.Pathways and accessibility
•Moving around within redevelopment sites
•Moving between nearby destinations
•Access to city-wide trail and sidewalk systems
4.Open space locations
•Provide residential areas with open space (including Town Center)
•Preservation of permanent open space on slopes of creek valleys and
other wetlands
•Connect existing areas as needed
5.Destinations and land use mix (Access to bus stops and LRT stations)
•Compact multiple use mix ;more destinations and attractions within
walking distance of each other.
•Higher density development patterns
•Common open space such as plazas and boulevards
6.Physical safety and mobility
•Maintenance and upkeep
•Lighting in high density area
•Universal design (usable by persons of limited mobility or ability)
EDEN PRAIRIE PLANNING COMMISSION MINUTES
November 26, 2007
Page 6
principles needed.
The goal for health is "Promote planning and design which improves physical and
mental health in the community.
Workshop Findings
1.Integrated into revised Comp Plan document
2.Focus on pedestrian experience, safety and environmental conditions
resulted in increased attention to mobility, destinations and land use mix
and air/water quality.
Public Realm Checklist used at the workshop
The checklist focuses on the following areas of interest:
1.Pathways
2.Open Space
3.Environmental Factors
4.Destinations
5.Activity
6.Safety
Active Community Planning Site Planning Handbook Preview
1.Topics addressed will refer to six policy areas referenced in Chapter 10.
2.Guidance and checklist items will describe the City's expectations for
project development throughout the City.
This guide will tell developers, consultants, and property owners what items need
to be included in development plans to promote health. This document will be
brought to the Planning Commission on December 10th.
Powell said he does not see an indoor recreation addressed and feels it should be
part of the guide plan.
Pitzrick said we should define trails and sidewalks by use and not just blacktop
and concrete.
Rocheford had two items he wanted to address. The first is the numbering on the
Chapter 10 Guide Plan under Goals and Air Quality is incorrect and secondly, in
regards to land use buffers in air quality, in items 1, 2, and 3 there is no mention
of it.Ms. MacKenzie said it was discussed in the workshop but agreed with
Rocheford it was not addressed in items 1, 2, and 3.
EDEN PRAIRIE PLANNING COMMISSION MINUTES
November 26, 2007
Page 7
C.SALE OF CITY PROPERTY TO PRESBYTERIAN HOMES
The City entered into a purchase agreement with Presbyterian Homes to sell a 4.8
acres owned by the City and located along Columbine Road between Broadmore
Apartments and Lifetime Fitness for a price of $3,000,000. Before the sale can
close the Planning Commission must find the sale of the property in compliance
with the City's Comprehensive Plan.
Dave Lindahl, Economic Development, said the Planning Commission need to
find the sale of this property in compliance with the City's Comprehensive Plan.
Stoelting presented a point of order and stated when Presbyterian Homes came
forward with their proposal they requested a guide plan change, and asked
Franzen if this is correct. Franzen concurred it was correct. Franzen added a
proposed plan must be consistent with the Guide Plan before it can be sold. So if
it is not consistent a Guide Plan Change is needed. Since Commission and
Council approved the change, the plan therefore conformed to the Guide Plan and
then the property can be sold.
MOTION by Kirk, seconded by Rocheford, to move to find the sale of 4.8 acres
of City property legally described as Lot 1, Block 1, and Outlot C - Columbine
Addition, Hennepin County, Minnesota - to Presbyterian Homes, in compliance
with the City's Comprehensive Plan.Motion carried 7-0.
D.JOINT PLANNING COMMISSION / CITY COUNCIL MEETING
DECEMBER 18 - STREETSCAPE PLAN TOWN CENTER
This will be a presentation by SRF Consultants on the streetscape plan for the
Town Center.
Franzen said this meeting will be at 5:00 pm in the Heritage Room.
Franzen stated the December 10th Meeting will have a plan for United Properties to
update the Rainbow Foods shopping Center. Also the last phase of the Active
Community Planning Handbook will be presented.
VIII .MEMBERS 'REPORT
IX.CONTINUING BUSINESS
X.NEW BUSINESS
XI.ADJOURNMENT
MOTION by Pitzrick, seconded by Seymour, to adjourn the meeting.Motion carried
7-0.
There being no further business, the meeting adjourned at 8:37 p.m.
Creative Solutions for Land Planning and Design
To:Eden Prairie ,MN City Council
Hoisington Koegler Group Inc.
From:Greg Ingraham and Jeff Miller, HKGi
Bill Baxley ,BKV Group
Date :December 10, 2007
HK
Si
Re:Eden Prairie Town Center Design Guidelines & Zoning District Ordinance
The Town Center Guidelines and ordinance are designed to implement the Eden Prairie Major Center Area Study
Land Use Plan and Planning Principles by concentrating more compact, mixed-use development within the Town
Center area (located north and south of Singletree Lane - between Flying Cloud Drive and Prairie Center Drive)
and to make it a pedestrian-friendly vibrant place. The Town Center is to have a concentrated development form
that is different and more intense than what is found in Eden Prairie today. The development concentration is
designed to create a distinct walkable and transit friendly place with shops, housing, restaurants, public spaces and
businesses within walking distance of each other. This means use of multi-story buildings with a mix of land uses,
wide sidewalks and streetscapes, and parking primarily in structures and on the street.
The Eden Prairie Town Center Design Guidelines, which are attached, is to be a workbook for developers, the
City, and design consultants. It is to be used by the private sector, city staff and officials to guide and review new
development proposals within the Town Center area. The guidelines,as well as the zoning ordinance, use three
sub-districts - mixed-use, residential and commercial to reflect the different land uses, intensities and character
that the MCA Study established within the Town Center. The basic premises behind the three sub-districts are:
n Require vertical mixed-use (residential and retail) development in the core Town Center mixed-use area.
n Concentrate residential development close to Lake Idlewild and the mixed -use area.
n Locate commercial development in the area between the mixed-use core and TH 212.
The language of the Town Center Design Guidelines is intended to be guiding in nature rather than regulatory to
allow for design flexibility, so words like "should", "encourage" and "promote" are used throughout the document.
The Guidelines use the preferred character images identified by the Planning Commission and include illustrations
of desired streetscape and architectural character. The Guidelines also include recommendation for sustainable
development, creation of gateways and outdoor gathering spaces and plazas as per previous Planning Commission
and City Council direction.
The TC (Town Center )Zoning District ordinance follows the Eden Prairie Zoning Code format, but includes
some key differences:
n It requires new development in Town Center to be denser than other zoning areas in the City.
n It has pedestrian/street -oriented building placement standards which require buildings to be built at or
close to the sidewalk /streetscape area, have lots of glass and openness at the street level, and have
entrance doors facing streets and public open spaces.
n It requires that buildings be designed with articulated facades (ins and outs )and height step-backs to add
visual interest and moderate the intensity of taller structures.
123 North Third Street, Suite 100, Minneapolis, MN 55401-1659
Phone (612) 338-0800 Fax (612) 338-6838
n It requires vertical mixed -use buildings with retail at street level in the Town Center mixed-use core area
(TC-MU)
n It requires structured parking (combined with on-street surface parking spaces) in the mixed-use district
and limits the location of on -site surface parking in other districts.
n It uses slightly lower parking requirements than elsewhere in the City to account for an environment of
shared parking ,transit access and a mix of uses that promotes walkable access.
The TC Zoning District is intended to be regulatory, so the standards within the zoning district use words like
"shall", "must" or "required". The TC Zoning District requires new development in the Town Center to be in
substantial conformance with the TC Design Guidelines. The zoning ordinance establishes the Town Center
Zoning District.No specific property rezoning actions are associated with the ordinance at this time. It is
anticipated the City and property owners/ developers would request rezoning to this District at the time of
specific development proposals or land use actions within the Town Center area.
Town Center Guideline and Ordinance History
Feb, 26, 2007 Planning Commission - Goals for the Town Center guidelines and ordinance and preferred
character determined through use of visual preference survey.
March 26, 2007 Planning Commission - Review visual preference results, review and provide direction on the
preliminary draft of the Guidelines and mixed-use ordinance examples.
May 22, 2007 Planning Commission - Review and provide direction on the Draft Design Guidelines and Draft
Town Center Ordinance.
June 19, 2007 City Council Study Session -Review and provide direction on the Draft Design Guidelines and
Draft Town Center Ordinance.
Staff and consultant prepare final draft of Guidelines and Ordinance based on Council and Commission direction.
Nov. 26, 2007 Planning Commission public hearing -Commission review and recommendation of approval.
Dec. 18, 2007 City Council - Review and approval process.
Eden Prairie Town Center Design Guidelines and Zoning Ordinance 2
HKGI/BKV 12/14/2007
CITY COUNCIL AGENDA
DATE:
SECTION: Payment of Claims December 18, 2007
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 169872- 170222
Wire Transfers 2868 - 2890
(2884 - 2890 US Bank Purchasing Card Payment)
City of Eden Prairie
Council Check Summary
12/18/2007
Division Amount Division Amount
General 66,665 601 Prairie Village Liquor 91,558
100 City Manager 478 602 Den Road Liquor 149,750
102 Legal Counsel 50,807 603 Prairie View Liquor 80,664
104 Contingency 236 605 Den Road Building 1,721
110 City Clerk 247 701 Water Fund 37,878
111 Customer Service 8,008 702 Sewer Fund 238,679
114 Benefits & Training 3,222 703 Storm Drainage Fund 12,914
116 Facilities 50,065 801 Perpetual Care Cemetary 375
117 City Center 41,616 802 494 Commuter Services 27,642
119 Cmty Center - Facilities 2,506 803 Escrow Fund 2,911
130 Assessing 479 804 100 Year History 100
131 Finance 1,761 807 Benefits Fund 408,736
132 Housing and Community Services 3,000 810 Workers Comp Insurance 382
133 Planning 325 ***US Bank-Purchasing Cards 24,114
135 Information Technology 9,996
136 Public Safety Communications 11,894 Report Totals 6,357,359
150 Park Administration 243
151 Park Maintenance 15,742
153 Organized Athletics 2,985
154 Community Center 6,342
156 Youth Programs 6,560
157 Special Events 84
158 Adult Recreation 3,632
160 Therapeutic Recreation 750
161 Oak Point Pool 21,608
162 Arts 169
163 Outdoor Center 744
180 Police 9,228
183 Emergency Preparedness 102
184 Fire 8,815
186 Inspections 120
200 Engineering 32
201 Street Maintenance 31,927
202 Street Lighting 62,108
203 Fleet Services 23,500
204 Equipment Revolving 39,230
301 CDBG 21,539
303 Cemetary Operation 226
304 Senior Board 193
309 DWI Forfeiture 18
316 WAFTA 95
417 $3,390,000 Facility Bond 2000 268,250
426 G.O. Equip Cert. 2004B-Pumper 122,726
427 2005 G.O. IMPR BONDS 253,476
428 G.O. Improv. Revolving 2005B 149,599
431 G.O. Improvement Bonds 2006B 400
432 G.O. Improvement Bonds 2006C 375
502 Park Development 3,476
503 Utility Improvement 2,446,448
506 Improvment Bonds 1996 832
509 CIP Fund 121,706
511 Construction Fund 15,988
512 CIP Trails 2,646
513 CIP Pavement Management 2,685
516 ADC PROJECT 20,521
519 Community Center Referendum 882,840
522 Improvement Projects 2006 2,853
523 3rd Sheet of Ice 477,816
City of Eden Prairie
Council Check Register
12/18/2007
Check #Amount Vendor /Explanation Account Description Business Unit
2868 145 ADMINISTRATION RESOURCES CORP Other Contracted Services Finance
2869 1 ,470 AMERICA'S VEBA SOLUTION Other Contracted Services Finance
2870 28,383 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits
2871 145,333 WELLS FARGO MINNESOTA N A SS & Medicare Health and Benefits
2872 12,791 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund
2873 15,473 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund
2874 99,471 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits
2875 12,683 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund
2876 15,203 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund
2877 100,125 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits
2878 12,650 US BANK TRUST HRA Health and Benefits
2879 18 ,787 DELTA DENTAL PLAN OF MN COBRA Health and Benefits
2880 2,400 ,000 US BANK TRUST NATIONAL ASSN Bonds Payable Utility Improvement Fund
2881 268,250 BANK OF NEW YORK, THE Principal $3,390,000 Facility Bond 2000
2882 122,726 ANCHOR BANK Principal G.O. Equip.Cert. 2004B -Pumper
2883 402,625 WELLS FARGO BANK MINNESOTA NA Principal G.O. Improv Revolving 2005B
2890 24,114 US BANK
169872 300 CARVER COUNTY SHERIFF'S DEPT.Deposits Escrow
169873 19 RICHFIELD, CITY OF Operating Supplies Fleet Services
169874 230 SCOTT COUNTY Deposits Escrow
169875 250 SPRINGSTED INCORPORATED Conference Expense Finance
169876 200 WRIGHT COUNTY SHERIFF'S DEPT.Deposits Escrow
169877 162 3D SPECIALTIES Equipment Parts Fleet Services
169878 27 A TO Z RENTAL CENTER Other Rentals Park Maintenance
169879 855 A-SCAPE INC Contract Svcs - Lawn Maint Senior Center
169880 210 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events
169881 210 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events
169882 3,640 ACTION RADIO & COMMUNICATIONS,Machinery &Equipment Police
169883 32 ALBINSON PROCOLOR Operating Supplies Engineering
169884 138 ALEX AIR APPARATUS INC Equipment Testing/Cert.Fire
169885 435 AMERICAN RED CROSS Operating Supplies Pool Lessons
169886 186 AMERIPRIDE LINEN & APPAREL SER Repair & Maint .Supplies Den Road Liquor Store
169887 88 APCO INTERNATIONAL Prepaid Expenses General Fund
169888 15 APPLIANCE CONNECTIONS Cash Over/Short General Fund
169889 277 ASPEN EQUIPMENT CO.Other Rentals Park Maintenance
169890 1 ,090 BAUER BUILT TIRE AND BATTERY Tires Fleet Services
169891 199 BECKER ARENA PRODUCTS INC Supplies - General Bldg Park Shelters
169892 5,300 BELLBOY CORPORATION Wine Imported Prairie Village Liquor Store
169893 6 ,847 BITUMINOUS ROADWAYS INC Patching Asphalt Street Maintenance
169894 12 BLACKARD, LOUISE Program Fee Classes/Programs/Events
169895 86 BLOOMINGTON, CITY OF Other Contracted Services Park Maintenance
169896 398 BME CONSULTING Wages No Benefits Assessing
169897 25 BRUNEAU, MARY Program Fee Outdoor Center
169898 3 ,474 CARGILL SALT Salt Snow & Ice Control
169899 78 CLAREYS INC Clothing & Uniforms Street Maintenance
169900 211 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund
169901 143 CONCRETE CUTTING & CORING INC Landscape Materials/Supp Street Maintenance
169902 812 CORPORATE EXPRESS Operating Supplies Fleet Services
169903 132 CRIPE, JACQUELYN V Other Contracted Services Volleyball
169904 1 ,950 DAKOTA COUNTY TECHNICAL COLLEG Tuition Reimbursement/School Fire
169905 230 DALE GREEN COMPANY, THE Landscape Materials/Supp Park Maintenance
169906 236 DART PORTABLE STORAGE INC Other Contracted Services Reserve
169907 13,107 DAY DISTRIBUTING Beer Prairie View Liquor Store
169908 34 DISH NETWORK Cable TV Community Center Admin
169909 1 ,555 EAGLE WINE COMPANY Wine Domestic Prairie View Liquor Store
169910 225 ELVIN SAFETY LLC Equipment Testing/Cert.Fire
169911 25 FLANIGAN, MARLYS Program Fee Outdoor Center
169912 994 FORESTRY SUPPLIERS INC.Clothing & Uniforms Street Maintenance
169913 3 ,951 G & K SERVICES Clothing & Uniforms Sewer Utility -General
169914 243 GARDEN ROOM FRATELLI'S GARDEN Operating Supplies Planning & Development
169917 2,162 GENUINE PARTS COMPANY Equipment Parts Fleet Services
Check #Amount Vendor /Explanation Account Description Business Unit
169918 513 GETTMAN COMPANY Misc Taxable Prairie View Liquor Store
169919 1 ,497 GLENROSE FLORAL AND GIFT SHOPS Deposits Escrow
169920 2,685 GOODPOINTE TECHNOLOGY CORPORAT Design & Engineering CIP Pavement Management
169921 22 GOPALAKRI, NARAYANAN Lessons &Classes Oak Point Lessons
169922 69 GRAFIX SHOPPE Equipment Parts Fleet Services
169923 408 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store
169924 321 GREATAMERICA LEASING CORP.Postage General
169925 3,225 GREENSIDE INC Contract Svcs - Lawn Maint City Center Operations
169926 50 ,807 GREGERSON ROSOW JOHNSON & NILA Legal Legal Criminal Prosecution
169927 17,737 GRIGGS COOPER & CO Wine Domestic Den Road Liquor Store
169928 81 HALDEMANN HOMME INC Printing Assessing
169929 135 HAMMERSCHMIDT, RICK Conference Expense Fire
169930 11 ,921 HANSEN THORP PELLINEN OLSON Design & Engineering Storm Drainage Projects
169931 46 HD SUPPLY WATERWORKS LTD Repair & Maint .Supplies Park Maintenance
169932 220 HENRY, PAUL Other Contracted Services Volleyball
169933 20,521 HOFFMAN & MCNAMARA Improvement Contracts ADC PROJECT
169934 486 HOME DEPOT CREDIT SERVICES Supplies - General Building City Center Operations
169935 120 HUTCHINS, BRUCE Licenses & Taxes Inspections-Administration
169936 1 ,590 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund
169937 918 ITALWINE IMPORTS & DISTRIBUTOR Wine Imported Prairie Village Liquor Store
169938 97 J&R RADIATOR CORP Equipment Repair & Maint Fleet Services
169939 14 ,095 JJ TAYLOR DIST OF MN Beer Den Road Liquor Store
169941 36 ,263 JOHNSON BROTHERS LIQUOR CO Liquor Prairie View Liquor Store
169942 406 K & H OUTDOORS, INC Other Contracted Services Park Maintenance
169943 25 KADLEC, EVELYN Program Fee Outdoor Center
169944 516 KEEPERS Clothing & Uniforms Police
169945 50 KOCOUREK, JOAN Clothing & Uniforms Police
169946 349 KRISS PREMIUM PRODUCTS INC Supplies - HVAC City Hall - CAM
169947 1,176 LAMETTRYS COLLISION Equipment Repair & Maint Fleet Services
169948 1 ,930 LANDS END CORPORATE SALES Clothing & Uniforms Police
169949 7,332 LEONARD J KOEHNEN & ASSOC Legal Wireless Communication
169950 31 LUKE, TRACY Clothing & Uniforms Police
169951 750 MACPHAIL CENTER FOR MUSIC Other Contracted Services Leisure Education
169952 13,185 MARK VII Beer Prairie View Liquor Store
169953 1 ,400 MEDICINE LAKE TOURS Special Event Fees Trips
169954 242 MENARDS Training Supplies Fire
169955 3 ,894 METRO FIRE Equipment Repair & Maint Fire
169956 1 ,552 METRO SALES INCORPORATED*Other Rentals General
169957 231,524 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility -General
169958 368 METROPOLITAN FORD Equipment Parts Fleet Services
169959 486 MIDWEST ASPHALT CORPORATION Landscape Materials/Supp Edenvale Park
169960 561 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store
169961 1 ,391 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund
169962 95 MINNESOTA CONWAY Operating Supplies Fire
169963 11 MINNESOTA COUNTY ATTORNEYS ASS Training Supplies Police
169964 200 MINNESOTA VALLEY ELECTRIC COOP Electric Prairie Bluff Conservation
169965 158 MOTOROLA Equipment Repair & Maint Wireless Communication
169966 14 NATIONAL AUTOMATIC SPRINKLER Cash Over/Short General Fund
169967 135 NELSON, ALLEN M.Conference Expense Fire
169968 664 NEW FRANCE WINE COMPANY Wine Domestic Prairie Village Liquor Store
169969 12 ,773 NOKOMIS SHOE SHOP Clothing & Uniforms Street Maintenance
169970 2,646 NORTHSTAR MUDJACKING SPECIALIS Improvement Contracts CIP Trails
169971 37 NORTHWEST RESPIRATORY SERVICE Safety Supplies Fire
169972 382 PARK NICOLLET CLINIC Other Contracted Services Workers Comp Insurance
169973 5,423 PAUSTIS & SONS COMPANY Wine Domestic Prairie View Liquor Store
169974 1,313 PCS TECHNOLOGIES INC Miscellaneous Information Technology
169975 49 PETSMART Canine Supplies Police
169976 11,102 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store
169977 980 POMP'S TIRE SERVICE INC Tires Fleet Services
169978 178 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Senior Center
169979 1,041 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store
169980 401 PROP United Way Withheld General Fund
169981 1 ,249 PUGLEASA COMPANY INC Contract Svcs - Gen. Bldg City Center Operations
169982 104 PURE BLUE SWIM SHOP Operating Supplies Pool Lessons
169983 213 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
Check #Amount Vendor / Explanation Account Description Business Unit
169984 15 ,583 QUALITY WINE & SPIRITS CO Wine Domestic Prairie View Liquor Store
169985 285 QWEST Telephone Sewer Liftstation
169986 84 R & R SPECIALTIES OF WISCONSIN Repair & Maint -Ice Rink Ice Arena Maintenance
169987 959 RED WING SHOE STORE Clothing & Uniforms Park Maintenance
169988 220 RIGHTWAY GLASS INC Equipment Repair & Maint Fleet Services
169989 35 ,590 RUFFRIDGE JOHNSON EQUIPMENT CO Machinery &Equipment Park & Recreation
169990 150 SHAMROCK GROUP, INC - ACE ICE Misc Non-Taxable Prairie View Liquor Store
169991 31 ,529 SHORT ELLIOTT HENDRICKSON INC Other Contracted Services Storm Drainage
169992 71 SHRED-IT Other Contracted Services Police
169993 25 SLOCUM, STEPHEN Program Fee Outdoor Center
169994 133 SNAP-ON TOOLS Small Tools Fleet Services
169995 2,950 SONNY'S BUILDING MAINTENANCE Contract Svcs - Roof City Hall - CAM
169996 125 SPECIALTY WINES AND BEVERAGES Wine Imported Den Road Liquor Store
169997 94 SPS COMPANIES Repair & Maint .Supplies Park Maintenance
169998 12 ,314 SRF CONSULTING GROUP INC Improvements to Land Park Acquisition & Development
169999 9 ,907 ST CROIX ENVIRONMENTAL INC Other Contracted Services Utility Improvement Fund
170000 170 STANLEY ACCESS TECH LLC Building Repair & Maint.Prairie Village Liquor Store
170001 25 STAR TRIBUNE Dues &Subscriptions Prairie View Liquor Store
170002 12 STEWART, RUTH Program Fee Classes/Programs /Events
170003 302 STREICHERS Clothing & Uniforms Police
170004 79 SUN NEWSPAPERS Legal Notices Publishing City Clerk
170005 185 TCVESSA Prepaid Expenses General Fund
170006 3 ,000 TEENS ALONE Other Contracted Services Housing and Community Service
170007 1,112 TEFLER LAWN & LANDSCAPING Other Contracted Services Park Maintenance
170008 78 TERRITORIAL SUPPLIES INC Training Supplies Police
170009 10 ,860 THORPE DISTRIBUTING Beer Prairie View Liquor Store
170010 182 TOMARK SPORTS Recreation Supplies Volleyball
170011 167 TWIN CITY OXYGEN CO Equipment Parts Fleet Services
170012 289 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance
170013 302 UNITED WAY United Way Withheld General Fund
170014 192 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services
170015 8 VERIZON WIRELESS Pager & Cell Phone Fleet Services
170016 412 VINO SOURCE, THE Wine Imported Den Road Liquor Store
170017 1,055 VINOCOPIA Wine Domestic Prairie View Liquor Store
170018 4 ,408 VR BUILDERS Other Contracted Services Rehab
170019 1 ,631 WATER SPECIALTY OF MN INC Chemicals Pool Maintenance
170020 1,225 WELLS FARGO BANK MINNESOTA NA Paying Agent G.O. Improv Revolving 2005B
170021 126 WEMYSS, SCOTT Safety Supplies Fire
170022 38 WIGLEY AND ASSOCIATES Software Information Technology
170023 1,992 WINE COMPANY, THE Wine Domestic Prairie Village Liquor Store
170024 4,376 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store
170025 25 WOHLFORTH, JANE Program Fee Outdoor Center
170026 1,152 WORK CONNECTION, THE Other Contracted Services Park Maintenance
170027 711 WORLD CLASS WINES INC Wine Imported Den Road Liquor Store
170028 1 ,303 ZEP MANUFACTURING CO Equipment Repair & Maint Fire
170029 150 ZUMRO INC Equipment Repair & Maint Fire
170030 452 CARVER COUNTY SHERIFF'S DEPT.Deposits Escrow
170031 232 CARVER COUNTY SHERIFF'S DEPT.Deposits Escrow
170032 667 HISTORY THEATRE Other Contracted Services Trips
170033 325 HUTTER, MICHAEL Conference Expense Information Technology
170034 3,987 MADISON NATIONAL LIFE Disability Ins Employers Health and Benefits
170035 169 MN NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund
170036 13 OFFICE DEPOT CREDIT PLAN Office Supplies Fire
170037 18 STATE OF MINNESOTA Operating Supplies DWI Forfeiture
170038 850 TOWER 2000 Equipment Repair & Maint Wireless Communication
170039 456 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center
170040 290 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events
170041 334 AL'S COFFEE Merchandise for Resale Concessions
170042 60 ALCOHOL & GAMBLING ENFORCEMENT Prepaid Expenses Prairie View Liquor Store
170043 1,598 ALLDATA Prepaid Expenses General Fund
170044 216 ALTERNATIVE BUSINESS FURNITURE Capital Under $10,000 Furniture
170045 649 AMERICAN TIME & SIGNAL CO Supplies - General Building City Center Operations
170046 116 AMERIPRIDE LINEN & APPAREL SER Repair & Maint .Supplies Prairie Village Liquor Store
170047 120 AMERITRAK Other Contracted Services Street Maintenance
170048 88 APCO INTERNATIONAL Prepaid Expenses General Fund
Check #Amount Vendor /Explanation Account Description Business Unit
170049 277 ASPEN EQUIPMENT CO.Other Rentals Park Maintenance
170050 226 ASPEN WASTE SYSTEMS INC.Waste Disposal Den Road Liquor Store
170051 50 ASSURED HTG, AC & REFRIGERATIO Mechanical Permits General Fund
170052 25 AT&T MOBILITY Pager & Cell Phone Police
170053 234 BAUER BUILT TIRE AND BATTERY Tires Fleet Services
170054 10 ,713 BELLBOY CORPORATION Wine imported Prairie Village Liquor Store
170055 52 BIFFS INC Waste Disposal Park Maintenance
170056 164 BOLD, PAULINE Instructor Service Outdoor Center
170057 638 BOYER TRUCKS Equipment Parts Fleet Services
170058 5 ,224 BRAUN INTERTEC CORPORATION Testing -Soil Boring Construction Fund
170059 1,342 BUCK, NATHAN Other Contracted Services Volleyball
170060 9 ,523 CARGILL SALT Salt Snow & Ice Control
170061 95 CARVER COUNTY TREASURER Licenses & Taxes WAFTA
170062 535 CEMSTONE PRODUCTS COMPANY Repair & Maint. Supplies Water System Maintenance
170063 3 ,050 CENTERPOINT ENERGY Gas Fire Station #1
170064 3 ,725 CENTURYTEL Telephone Telephone
170065 179 CLAREYS INC Clothing & Uniforms Sewer Utility -General
170066 107 COMMERCIAL STEAM TEAM Other Contracted Services Prairie View Liquor Store
170067 426 COMMISSIONER OF TRANSPORTATION Testing -Soil Boring Construction Fund
170068 5 ,000 COMMUNITY TECHNOLOGY ADVISORS Other Contracted Services Information Technology
170069 675 CORPORATE EXPRESS Office Supplies General
170070 132 CRIPE, JACQUELYN V Other Contracted Services Volleyball
170071 84,153 CUSHMAN MOTOR COMPANY INC.Machinery &Equipment Capital Impr . /Maint. Fund
170072 383 DALE GREEN COMPANY, THE Landscape Materials/Supp Park Maintenance
170073 10,859 DAY DISTRIBUTING Beer Prairie Village Liquor Store
170074 238 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General
170075 5,591 DECORATIVE DESIGNS INC Contract Svcs - Int. Landscape City Center Operations
170076 21,223 DIVERSE BUILDING MAINTENANCE CH Robinson Janitor Service City Ctr - Tenant Direct Costs
170077 2,729 EAGLE WINE COMPANY Wine Domestic Prairie View Liquor Store
170078 1,066 ECOLAB INC Contract Svcs - Pest Control Historical Buildings
170079 25 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous Fire
170080 417 EDEN PRAIRIE ROTARY CLUB Miscellaneous City Manager
170081 110 ELIASON, STEVE J Other Contracted Services Basketball
170082 452 ESBENSEN, GEORGE Conference Expense Fire
170083 3 ,564 ESRI Prepaid Expenses General Fund
170084 87 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store
170085 373 FELTMAN, MARY Mileage & Parking Senior Center Administration
170086 217 FERRELLGAS Motor Fuels Fleet Services
170087 124 FIELDSTONE VINEYARDS Wine Domestic Den Road Liquor Store
170088 306 FIRE ENGINEERING MAGAZINE Prepaid Expenses General Fund
170089 9 ,453 G & K SERVICES Clothing & Uniforms Utility Operations - General
170090 245 GARDEN ROOM FRATELLI'S GARDEN Training Supplies Organizational Services
170091 650 GE CAPITAL Other Rentals General
170092 6,560 GLEN LAKE GOLF Instructor Service Summer Skill Development
170093 80 GOT SWAT GEAR.COM INC Clothing & Uniforms Police
170094 1,000 GRAND PERE WINES INC Wine imported Prairie Village Liquor Store
170095 2,176 GRAPE BEGINNINGS Wine Domestic Prairie View Liquor Store
170096 16 ,985 GRIGGS COOPER & CO Liquor Prairie View Liquor Store
170097 37 HD SUPPLY WATERWORKS LTD Repair & Maint. Supplies Park Maintenance
170098 50 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Guide Plan
170099 275 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Guide Plan
170100 88 HENRY, PAUL Other Contracted Services Volleyball
170101 17,000 HERB ANDERSON CONSTRUCTION Other Contracted Services Rehab
170102 1,220 HIGHWAY TECHNOLOGIES INC Contracted Striping Traffic Signs
170103 100 HIRSHFIELD'S Repair & Maint .Supplies Historical Culture
170104 1,991 HOHENSTEINS INC Beer Prairie Village Liquor Store
170105 134 HYDROLOGIC Repair & Maint. Supplies Park Maintenance
170106 175 IAAO Prepaid Expenses General Fund
170107 150 IIMC Prepaid Expenses General Fund
170108 60 IMSA Prepaid Expenses General Fund
170109 21,746 IND SCHOOL DIST 272 Gym Rental Volleyball
170110 28,894 INTEREUM INC Capital Under $10,000 Furniture
170111 3,138 INTERNATIONAL LEADERSHIP ASSOC Other Contracted Services Organizational Services
170112 7,650 INTERSTATE POWER SYSTEMS INC Equipment Repair & Maint Fleet Services
170113 55 ITS A KEEPER Operating Supplies Internal Events
Check #Amount Vendor / Explanation Account Description Business Unit
170114 37 J H LARSON COMPANY Operating Supplies Den Road Liquor Store
170115 7,189 J&D WINDOW CLEANING Janitor Service -General Bldg Fire Station #4
170116 9,756 JJ TAYLOR DIST OF MN Beer Prairie View Liquor Store
170118 36,016 JOHNSON BROTHERS LIQUOR CO Transportation Den Road Liquor Store
170119 169 JW PEPPER & SON INC Operating Supplies Community Band
170120 691 KEEPERS Clothing & Uniforms Police
170121 941 KUSTOM SIGNALS INC Equipment Repair & Maint Police
170122 39 LANO EQUIPMENT INC Equipment Parts Fleet Services
170123 478 LITTLE FALLS MACHINE INC Equipment Parts Fleet Services
170124 480 M. AMUNDSON LLP Operating Supplies Prairie Village Liquor Store
170125 1,833 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Services
170126 3,572 MAHIN WALZ INC Capital Under $10,000 - Gen Bl Furniture
170127 5,523 MARK VII Beer Prairie Village Liquor Store
170128 91 MATTS AUTO SERVICE INC Other Contracted Services Police
170129 132 MENARDS Operating Supplies Police
170130 175 MERSC Prepaid Expenses General Fund
170131 147 METRO FIRE Small Tools Fire
170132 720 METRO SALES INCORPORATED*Other Rentals General
170133 409 METROPOLITAN FORD Equipment Parts Fleet Services
170134 47 MGWA Prepaid Expenses Water Enterprise Fund
170135 592 MIDWEST ASPHALT CORPORATION Patching Asphalt Street Maintenance
170136 1,510 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store
170137 120 MINNEAPOLIS AREA ASSOC OF REAL Prepaid Expenses General Fund
170138 26,585 MINNESOTA DEPT OF HEALTH Miscellaneous Water Testing
170139 344 MINNESOTA HIGHWAY SAFETY & RES Tuition Reimbursement/School Police
170140 3,393 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General
170141 15,753 MINNESOTA ROADWAYS CO Building Repair &Maint.Den Road Building
170142 32 MINNESOTA TROPHIES & GIFTS Operating Supplies Police
170143 2,074 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake
170144 1,571 MORROW, JAMES Travel Expense Police
170145 130 MTI DISTRIBUTING INC Equipment Parts Fleet Services
170146 2,123 NEW FRANCE WINE COMPANY Wine Domestic Prairie View Liquor Store
170147 5,108 NILSSON, BETH Instructor Service Ice Arena
170148 34 NNDC/NCDC Prepaid Expenses Water Enterprise Fund
170149 302 NORTHERN POWER PRODUCTS INC Equipment Parts Fleet Services
170150 1,106 NORTHERN SAFETY TECHNOLOGY INC Capital Under $10,000 Fleet Services
170151 20 NORTHSTAR CHAPTER Conference Expense Finance
170152 103 PAT KERNS WINE MERCHANTS Wine Imported Prairie View Liquor Store
170153 4,540 PAUSTIS & SONS COMPANY Wine Domestic Prairie View Liquor Store
170154 104 PEPSI COLA COMPANY Misc Taxable Prairie Village Liquor Store
170155 280 PETTY CASH - CARLA KRESS Operating Supplies Senior Board
170156 17,853 PHILLIPS WINE AND SPIRITS INC Liquor Prairie View Liquor Store
170157 150 POMP'S TIRE SERVICE INC Equipment Parts Fleet Services
170158 320 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Fire Station #1
170159 28 PRAIRIE LAWN AND GARDEN Equipment Parts Fleet Services
170160 527 PRIOR WINE COMPANY Wine Domestic Prairie Village Liquor Store
170161 202 PUSH PEDAL PULL Repair & Maint. Supplies Fitness Center
170162 18,703 QUALITY WINE & SPIRITS CO Liquor Prairie Village Liquor Store
170163 3,011 QWEST Telephone Prairie Village Liquor Store
170164 125 RAY, LEE Other Contracted Services Basketball
170165 110 REID, DEVIN M Other Contracted Services Basketball
170166 78 RJM Beer Prairie View Liquor Store
170167 1,357,138 RJM CONSTRUCTION INC Building Community Center Referendum
170168 170 SHAMROCK GROUP, INC - ACE ICE Misc Non-Taxable Den Road Liquor Store
170169 14,688 SHORT ELLIOTT HENDRICKSON INC Design & Engineering Construction Fund
170170 171 SNAP-ON TOOLS Small Tools Fleet Services
170171 1,300 SNI SOLUTIONS Salt Snow & Ice Control
170172 11,414 SOUTH METRO PUBLIC SAFETY TRAI Contract Svcs - General Bldg Public Safety Training Facilit
170173 118 SPECIALTY WINES AND BEVERAGES Liquor Prairie View Liquor Store
170174 148 STAAF, CARTER Miscellaneous Reserves
170175 154 STEMPF AUTOMOTIVE INDUSTRIES 1 Equipment Parts Fleet Services
170176 1,963 STREICHERS Clothing & Uniforms Police
170177 500 SUBURBAN WILDLIFE CONTROL INC Other Contracted Services Animal Control
170178 168 SUN NEWSPAPERS Legal Notices Publishing City Clerk
170179 310 SWEDLUND SEPTIC SERVICES INC Waste Disposal Park Maintenance
Check #Amount Vendor / Explanation Account Description Business Unit
170180 122 TECHTEAM SOLUTIONS Equipment Repair & Maint Police
170181 95 THIELMAN, MARC Repair & Maint. Supplies Police City Center
170182 12,529 THORPE DISTRIBUTING Beer Prairie Village Liquor Store
170183 409 TRI COUNTY BEVERAGE & SUPPLY Beer Den Road Liquor Store
170184 130 TRUE FABRICATIONS Misc Taxable Den Road Liquor Store
170185 235 UNIFORMS UNLIMITED Operating Supplies Police
170186 191 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services
170187 3,555 USA MOBILITY WIRELESS INC Pager & Cell Phone Wireless Communication
170188 90 VAN HECKE, KATHY Other Contracted Services Rehab
170189 676 VINO SOURCE, THE Wine Domestic Den Road Liquor Store
170190 746 VINOCOPIA Wine Imported Prairie View Liquor Store
170191 3,500 WATERSHED PARTNERS Prepaid Expenses Water Enterprise Fund
170192 263 WATSON CO INC, THE Merchandise for Resale Concessions
170193 55 WILSON, JOHN D.Mileage & Parking Police
170194 1,643 WINE COMPANY, THE Wine Imported Prairie View Liquor Store
170195 2,297 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store
170196 898 WORK CONNECTION, THE Other Contracted Services Park Maintenance
170197 1,879 WORLD CLASS WINES INC Transportation Den Road Liquor Store
170198 186 WORM, SANDY Operating Supplies Park Maintenance
170199 102 WUOLLET BAKERY INC Operating Supplies Emergency Preparedness
170200 60,666 XCEL ENERGY Electric Flying Cloud Off Leash Park
170201 23,231 YALE MECHANICAL INC Building Capital Impr. / Maint. Fund
170202 300 YOUNG, DAVID Special Event Fees Classes/Programs/Events
170203 352 ZAHN, GERALD Other Contracted Services Volleyball
170206 375 ASSOCIATION FOR COMMUTER TRANS Prepaid Expenses Perpetual Care Cemetary
170207 1,184 BACHMAN PRINTING General Bicycle Program
170208 128 COMCAST General 494 Corridor Commission
170209 798 EXPRESS PERSONNEL SERVICES General Bicycle Program
170210 20 FEDEX KINKO'S OFFICE AND PRINT General 494 Corridor Commission
170211 20 INTERNET EXPOSURE INC General 494 Corridor Commission
170212 190 MADISON, MELISSA General 494 Corridor Commission
170213 2,500 MESSERLI & KRAMRR General 494 Corridor Commission
170214 7,481 MINNEAPOLIS DOWNTOWN COUNCIL General 494 Corridor Commission
170215 2,085 NATIONAL PREMIUM INC General Bicycle Program
170216 11,845 PENN CYCLE General Bicycle Program
170217 33 RANKIN, ANDREW General 494 Corridor Commission
170218 190 RICHFIELD CHAMBER OF COMMERCE General 494 Corridor Commission
170219 110 SOLUTION BUILDERS General 494 Corridor Commission
170220 25 SOUTHWEST TRANSIT General 494 Corridor Commission
170221 90 VERIZON WIRELESS General 494 Corridor Commission
170222 942 WELLS FARGO BANK General 494 Corridor Commission
6,357,359 Grand Total
US BANK
PURCHASE CARDS
12/10/2007
Check Amount Explanation Supplier Account Description Business Unit
2890 58 Parking-while at 3CMA MSP AIRPORT Travel Expense Communication Services
510 3CMA Conf-Kansas City HYATT HOTELS Travel Expense Communication Services
595 Training Videos ADVANCED TRAINING SOURCE, INC Training Supplies Police
160 Hotel-Train.Jamie Good HOLIDAY INN Tuition Reimbursement /School Police
354 Armory Supplies BROWNELLS INC.Training Supplies Police
48 Training Books PAYPALINC Training Supplies Police
90 Training Books NATIONAL ASSOCIATION FOR SEARC Training Supplies Police
250 TrainClass-Moberg,Hoff FIRST CONTACT 9-1-1 INC Tuition Reimbursement/School Police
16 Sign & Board-Out.Ctr.MENARDS Repair & Maint. Supplies Park Maintenance
104 Rinks &Shop Supplies MENARDS Repair & Maint.Supplies Park Maintenance
277 Hockey Rink Boards MENARDS Repair & Maint.Supplies Park Maintenance
18 Small Tools MENARDS Small Tools Sewer Utility - General
16 Lunchroom Supplies MENARDS Cleaning Supplies Water System Maintenance
1,615 Lome Silo Cover KC SUPPLY Equipment Repair & Maint Water Treatment Plant
29 Nuts/Bolts-Park Signs HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance
169 IDEA Member.Renewal IDEA HEALTH & FITNESS Dues & Subscriptions Fitness Center
12 Display Supplies PARTY AMERICA Office Supplies Community Center Admin
62 Office Supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Aquatics &Fitness Admin
159 Metals for Fall Frolic TROPHY CENTRAL Operating Supplies Girls on the Run
48 Display Supplies OFFICE DEPOT CREDIT PLAN Office Supplies Community Center Admin
2 Display Supplies OFFICE DEPOT CREDIT PLAN Office Supplies Community Center Admin
27 Girls On the Run Snacks TARGET Operating Supplies Girls on the Run
7 Display Supplies OFFICE DEPOT CREDIT PLAN Office Supplies Community Center Admin
17 Supplies for Fall Frolic WALGREEN'S #5080 Operating Supplies Girls on the Run
123 Exercise Handbooks ACE Operating Supplies Aquatics & Fitness Admin
29 ERU Mtg w/D. Becker JAKE'S CITY GRILL Miscellaneous Police
6 Small Part/StorageBags WALGREEN'S #5080 Equipment Parts Fleet Services
44 Community Ctr Project MENARDS Operating Supplies Community Center
51 Sht protect.plow books OFFICE DEPOT CREDIT PLAN Operating Supplies Street Maintenance
62 Gloves MENARDS Repair & Maint.Supplies Storm Drainage
185 M-Step Conference HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire
383 Fire Sta .Open House SUBWAY Operating Supplies Fire
63 Items for Open House MICHAELS - THE ARTS & CRAFTS S Fire Prevention Supplies Fire
356 4 Exerc.mats -Fire Stats.NEFITCO.COM Safety Supplies Fire
294 Saftey AwareTrailCover COVERQUEST.COM Fire Prevention Supplies Fire
177 Chiefs Conf-Hammersc COUNTRY INN & SUITES Travel Expense Fire
4 Chiefs Conf-Hammersc COUNTRY INN & SUITES Travel Expense Fire
185 M-Step Conf-S.Taylor HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire
185 M-Step Conf-Hammersc HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire
286 Chiefs Conf-S.Koemig HOLIDAY INN Travel Expense Fire
189 Chiefs Conf-K.Springer HOLIDAY INN Travel Expense Fire
25 Training - Food PANERA BREAD Operating Supplies Fire
15 Training -Food Delivery PANERA BREAD Operating Supplies Fire
97 RecogGiftsHansen/Tonjes GALLS INC Employee Award Internal Events
324 Holiday Cards GREENWOODS COLLECTION Office Supplies Fire
2,199 Heart Rate Monitors HRM USA INC Safety Supplies Fire
38 Irrigation Supplies MENARDS Repair & Maint .Supplies Park Maintenance
19 Purgatory-Winterize MENARDS Building Repair & Maint.Park Maintenance
38 Purgatory-Winterize MENARDS Building Repair & Maint.Park Maintenance
170 Floor Scrubber Parts CITY SUPPLY CORPORATION Cleaning Supplies Utility Operations -General
24 Camera Cable to Comp D CABLES Operating Supplies Utility Operations -General
256 Park Maint Supplies SOUTHWEST OUTDOOR POWER Equipment Repair & Maint Park Maintenance
41 Park Maint Supplies MENARDS Operating Supplies Park Maintenance
178 Leadership Luncheon EINSTEIN BAGELS Miscellaneous Reserve
16 Propety Mgrs Meeting TARGET Miscellaneous Housing and Community Service
200 Charit.Givi Camp Gifts TARGET Other Contracted Services Organizational Services
36 Charit.Givi Camp Gifts AMC (EDEN PRAIRIE)Other Contracted Services Organizational Services
106 Charit.Givi Camp Gifts EDEN PRAIRIE CENTER Other Contracted Services Organizational Services
8 Charitable Giving Supp.PARTY AMERICA Other Contracted Services Organizational Services
50 Charit.Givi Camp Gifts OUTBACK STEAKHOUSE Other Contracted Services Organizational Services
50 Charit.Givi Camp Gifts CHAMPPS RESTAURANT & BAR Other Contracted Services Organizational Services
9 Party-Brennan/Neuman CUB FOODS EDEN PRAIRIE Employee Award Organizational Services
3,398 Bldg Permit Surcharge DEPT OF LABOR & INDUSTRY Building Surcharge General Fund
532 Bldg Permit Surcharge DEPT OF LABOR & INDUSTRY Mechanical Surcharge General Fund
216 Bldg Permit Surcharge DEPT OF LABOR & INDUSTRY Plumbing Surcharge General Fund
-83 Bldg Permit Surcharge DEPT OF LABOR & INDUSTRY Other Revenue General Fund
414 Class-K.Hoogenakker AMERICAN PAYROLL INSTITUTE INC Conference Expense Finance
80 Acct Class-T.Wilson GOVERNMENT FINANCE OFFICERS AS Conference Expense Finance
99 Red Hats Event KOWALSKI'S MARKET Special Event Fees Red Hat
10 Lunch & Learn KOWALSKI'S MARKET Operating Supplies Senior Board
Check Amount Explanation Supplier Account Description Business Unit
54 Lunch & Learn KOWALSKI'S MARKET Special Event Fees Classes/Programs /Events
450 Fall Festival BUCA Operating Supplies Senior Board
426 Fall Festival BUCA Special Event Fees Classes/Programs /Events
49 Sr. Ctr Kitchen Supplies PARTY AMERICA Operating Supplies Senior Board
260 Red Hats Event PEACOCK INN Special Event Fees Red Hat
120 Coffee Concert Trip ST PAUL CHAMBER OF COMMERCE Special Event Fees Trips
23 Light for Shop MENARDS Equipment Parts Sewer Utility - General
56 Insulation-Water Fill Sta MENARDS Repair & Maint .Supplies Water System Maintenance
586 Hotel-3CMA Conference HYATT HOTELS Travel Expense Communication Services
361 Car Rental -3CMA Conf.AVIS Travel Expense Communication Services
80 Parking -3CMA Conf MSP AIRPORT Mileage & Parking Communication Services
32 Luncheon Seminar SENSIBLE LAND USE COALITION Miscellaneous Engineering
175 Council Workshop Food BUCA Miscellaneous City Council
30 Meeting w/R.Reynolds OLD CHICAGO RESTAURANT Miscellaneous City Manager
8 Blog TIGER TECHNOLOGIES Software Information Technology
236 Lunch-n-Learn Event DAVANNI'S PIZZA Training Supplies Organizational Services
354 Lunch-n-Learn Event DAVANNI'S PIZZA Training Supplies Organizational Services
5 Tie-Down for Truck 724 HOME DEPOT CREDIT SERVICES Equipment Parts Sewer System Maintenance
27 Parks-Planters BACHMANS CREDIT DEPT Operating Supplies Park Maintenance
22 Parks-Rakes MENARDS Operating Supplies Park Maintenance
391 Tarps NORTHERN TOOL & EQUIPMENT Equipment Parts Fleet Services
-96 Return for different tarp NORTHERN TOOL & EQUIPMENT Equipment Parts Fleet Services
36 CB Repairs -Small Tools MENARDS Small Tools Storm Drainage
7 Meter Repairs NAPA AUTO PARTS Repair & Maint. Supplies Water Metering
19 Travel-Meter Confer.MEARS TRANSPORTATION Mileage &Parking Water System Maintenance
19 Travel-Meter Confer.MEARS TRANSPORTATION Mileage & Parking Water System Maintenance
675 Hotel-Meter Conference OMNI HOTELS Conference Expense Water System Maintenance
12 Bins for Storage MENARDS Operating Supplies Outdoor Center
35 Food for Pumpkin Prog.CUB FOODS EDEN PRAIRIE Operating Supplies Outdoor Center
25 Food for Pumpkin Prog.CUB FOODS EDEN PRAIRIE Operating Supplies Outdoor Center
144 Straw,Pumpkins for Prog MARSHALLS FARM Operating Supplies Outdoor Center
14 General Prog.Supplies WALMART COMMUNITY Operating Supplies Outdoor Center
28 Paint MENARDS Repair & Maint.Supplies Park Maintenance
80 Dues/Subs.Wahlen/Pitk.MGWA Dues &Subscriptions Utility Operations -General
250 Conf-Wahlen/Pitkanen MGWA Conference Expense Utility Operations -General
32 Arts/Crafts-MEA Week MICHAELS - THE ARTS & CRAFTS S Operating Supplies Special Events & Trips
15 Candy for Soul Fire Mtg WALGREEN'S #5080 Operating Supplies Youth Programs Administration
227 Arts/Crafts-Kid Classes DISCOUNT SCHOOL SUPPLY Operating Supplies Playgrounds
85 GOTR Fall Frolic CARIBOU COFFEE Operating Supplies Girls on the Run
23 Office Supp-Bus Cards FRANKLIN COVEY Operating Supplies Youth Programs Administration
52 Cemet.Wlk-Lumin.Bags ULINE Operating Supplies Cummins House Special Events
160 Cemetary Wlk-Candles GENERAL WAX AND CANDLE Operating Supplies Cummins House Special Events
72 Brown Bag Lunch CUB FOODS EDEN PRAIRIE Miscellaneous Internal Events
34 Cemet.Wlk-Lighters/Oil KRAEMERS HARDWARE INC Operating Supplies Cummins House Special Events
35 Cemetary Wlk-Lanterns LEIPOLD'S OF EXCELSIOR Operating Supplies Cummins House Special Events
6 Cemetary Walk-Cider JERRY'S FOODS Operating Supplies Cummins House Special Events
20 Audition Notice-Theater TC THEATRE AND FILM Advertising Winter Theatre
71 Chili Cookoff Prizes TARGET Operating Supplies Internal Events
9 Halloween on the Mall RAINBOW FOODS INC.Operating Supplies Halloween Party
16 Chili Cookoff- Pop RAINBOW FOODS INC.Operating Supplies Internal Events
86 Pizza for Volun-Hallowe.SBARRO Operating Supplies Halloween Party
95 WinterTheater Scripts SAMUEL FRENCH INC Operating Supplies Winter Theatre
85 SNO-Costume Party TARGET Operating Supplies Teen Programs
13 SNO-Costume Party PARTY AMERICA Operating Supplies Teen Programs
32 SNO-Costume Party DAVANNI'S PIZZA Operating Supplies Teen Programs
12 SNO-Costume Party MICHAELS - THE ARTS & CRAFTS S Operating Supplies Teen Programs
17 SNO Movies and More WALGREEN'S #5080 Operating Supplies Teen Programs
11 EPCC Spon.Tour Supp.PARTY AMERICA Repair & Maint.Supplies Community Center Admin
2 EPCC Spon.Tour Supp.PARTY AMERICA Repair & Maint.Supplies Community Center Admin
20 EPCC Spon.Tour Supp.KOWALSKI'S MARKET Repair & Maint.Supplies Community Center Admin
54 Web Security for emails PAYPALINC Equipment Repair & Maint Information Technology
190 Squad Car Keyboard GET PARTS ONLINE.COM Computers Information Technology
72 EP Comm.Task Force CRUMB GOURMET DELI Miscellaneous City Council
678 AICP Train/Hotel-Kipp RENAISSANCE HOTELS & RESORTS Conference Expense Planning
678 AICP Train/Hotel-Franzen RENAISSANCE HOTELS & RESORTS Conference Expense Planning
385 NAIOP Dues-D .Lindahl NAIOP Dues &Subscriptions Economic Development
24,114 Grand Total
CITY COUNCIL AGENDA DATE:
SECTION: Ordinances and Resolutions December 18, 2007
DEPARTMENT /DIVISION:ITEM DESCRIPTION :ITEM NO.: XI.A.
Community Development/Planning Town Center OrdinanceJanet Jeremiah
Michael D. Franzen
Requested Action
Move to: Approve Second Reading of the Ordinance amending Chapter 11 adding Subd. 11.27
- Town Center Zoning District and adopt Resolution approving Summary Ordinance for
publication.
Synopsis
This is 2nd reading of the ordinance to create a Town Center Zoning District. The first reading of
the Ordinance is under the Public Hearings portion of the agenda for this meeting.
Attachment
1.Ordinance
2.Ordinance Summary
3.Resolution Approving Summary Ordinance
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 28-2007
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING
CITY CODE CHAPTER 11 BY ADDING SECTION 11.27 RELATING TO THE
CREATION OF A TOWN CENTER ZONING 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.City Code Chapter 11 is amended by adding Section 11.27 which shall read as
follows:
SECTION 11.27. TC TOWN CENTER DISTRICT
Subd .1. Purposes .The intent of the Town Center (TC) zoning district is to provide an area for
development of an attractive, compact, walkable, mixed-use town center that creates a
live/work/play environment for the community. To support the intent of the Town Center, the
purposes of the TC zoning district are to:
A.Provide a mix of higher density regional uses ,vertical mixed uses, more housing within
walking distance of services, and a more efficient, compact and connected development
pattern;
B.Incorporate connections between the various land uses; including pedestrian, street and
visual;
C.Incorporate civic amenities such as urban parks and plazas, civic and cultural spaces,
sidewalks and trails, and landscaped streetscapes;
D.Promote land-efficient parking design, including structured parking, on-street parking,
and shared parking;
E.Locate and design buildings that are oriented to public spaces, including streets,
sidewalks, plazas and open spaces, to create the feel and function of a traditional town
center and to emphasize a pedestrian oriented environment; and
F.Encourage non-automobile access and circulation, including transit, walking and biking.
The standards applicable to the TC zoning district are intended to implement the vision, goals
and principles established in the Eden Prairie Major Center Area Framework Plan and Major
Center Area Planning Principles and the Town Center Design Guidelines, which will be carried
out through specific standards related to land use mix, site planning, building bulk & dimensions,
architecture,building materials, transportation access, parking, landscaping, signage and
lighting.
Subd .2.Definitions .The following terms, as used in this Section, shall have the following
meanings:
A."Building Break - A recess in the building fa ade that provides fa ade articulation,
creates the impression that one building is two or more buildings, incorporates a unique
building element, and improves the building's overall composition and aesthetic.
Minimum requirements for a building break are a depth of two (2) feet and a width of
four (4) feet.
B."Building Stepback - A setback of a building's upper floor(s) in order to reduce the
building's bulk, articulate the base of the building, ensure a more comfortable street
environment, and provide light and air at street level.
C."Building Street Frontage - The proportion of a lot's frontage on a public street that is
occupied by a building as measured at the required maximum front yard setback. Corner
lots must meet maximum front yard setback requirements for both public street frontages.
D."Building Transparency - Openings in the street-facing fa ade of a building which are
transparent, including windows and doors, that enable increased physical and/or visual
interaction between street/sidewalk/plaza activities and a building's interior uses and
activities.
E."Community Commercial - Medium-scale retail stores and personal services primarily
serving the residents and employees of the community. No individual building or tenant
space shall exceed 60,000 sq. ft. in area.
F."Drive-Through Facilities - Facilities that accommodate automobiles and from which
the occupants of the automobiles may make purchases or transact business, including the
stacking spaces needed for waiting vehicles. Examples of drive-through facilities include,
but are not limited to, drive-up windows, menu boards, order boards or boxes, drive-in
restaurants and drive-up banks.
G."Joint Use Parking - A parking facility shared by two or more uses ,or a parking facility
that is shared by one or more uses and a unit of general purpose government or a public
agency.
H."Mixed-Use Building - A multi-story building that contains allowed retail and services
on the ground floor and allowed residential and/or office uses on the upper floors.
I."Neighborhood Commercial - Small-scale retail stores and personal services primarily
serving nearby residential areas and nearby businesses and their employees and small-
scale specialty shops and services that contribute to the uniqueness and vibrancy of Town
Center and may attract a larger trade area. No individual tenant space shall exceed 10,000
sq. ft. in area with the exception of grocery stores, which shall not exceed 25,000 sq. ft. in
area. Drive-through facilities are prohibited as a neighborhood commercial use.
J."Usable Outdoor Open Space - Planned and improved outdoor facilities and open spaces
that provide active or passive recreational, relaxation or gathering opportunities,
including, but not limited to, any one or more of the following: parks; plazas; play areas;
maintained and landscaped lawn with trees and seating areas; natural or landscaped
walking paths and running trails; pedestrian spaces; publicly accessible natural or wildlife
viewing areas; gardens; ponds and water features; and other similar environments. Usable
outdoor open space shall not include: landscape strips or enlargements/enhancements of
landscaping areas adjacent to the sidewalk; shrubs, flowers and other low profile
landscaping around buildings, sidewalks and parking areas; required minimum building
setback areas; yards associated with private dwellings; or outdoor areas that prohibit
public or resident access during normal business hours for the area.No areas of usable
open space shall contain less than 2,000 contiguous square feet.Usable open space in
Mixed Use and Commercial sub-districts should be located near primary building
entrances and be accessible by the public from a public sidewalk or streetscape area at
least during normal business hours of the surrounding area.
Subd .3. Sub -Districts .The TC zoning district is divided into three (3) sub-districts:
A.Town Center Mixed Use (TC-MU):Town Center Mixed -use requires higher intensity
vertical mixed -use buildings with ground floor retail shops ,services and restaurants that
front onto Town Center 's "Main Streets and are pedestrian-oriented. In order to support
a live/work/play environment ,the upper floors shall be primarily residential uses, both
rental and ownership housing ,with a minimal amount of office uses allowed.
B.Town Center Residential (TC-R):Town Center Residential allows a mix of stacked
housing types including high density high-rise residential and high density mid-rise
residential.These higher density housing types, both rental and ownership, shall be
designed to optimize the district's walkable access to retail, services, restaurants, parks
and trails, transit and community facilities. High rise buildings shall be located and
designed to take advantage of views of nearby natural amenities and where significant
shading of lower buildings will not occur.
C.Town Center Commercial (TC-C):Town Center Commercial allows a mix of lower
intensity commercial uses including community retail,services,restaurants,
entertainment, office, and hospitality/lodging. Site layout, building design and parking
strategies shall support the compact and pedestrian-oriented character of the district.
Subd .4. Design Guidelines .All new development, redevelopment and subdivisions within the
Town Center district shall be in substantial conformance with the Town Center Design
Guidelines. Development proposals will be reviewed as part of the Site Plan and Architectural
Design Review process for conformance with the City Codes and the Design Guidelines.
Subd .5. Permitted Uses. Table 1 establishes the permitted and accessory uses in the TC zoning
district.
Table 1: Permitted Uses in Town Center District (Permitted = P, Accessory = A
Use TC-MU TC-R TC-C
Commercial
Neighborhood commercial P
Community commercial P
Restaurants and food service w/o drive-thru
facilities
P P
Business and professional offices and clinics Al P
Hotels P
Residential
High-rise multiple-family attached dwelling units
with minimum gross density of 60 units per acre
P
Mid-rise multiple-family attached dwelling units
with minimum gross density of 40 units per acre
P
Mixed-Use
Mid-rise multiple-family attached dwelling units w/
ground floor retail/restaurant/services2
P
Multi-story office w/ ground floor
retail/restaurant/services2
P
Public
Public facilities and services P P
Libraries P P
Parks P P P
Transit facilities P P
1 Business and professional offices and clinics shall be located in mixed-use building, shall not be located on the
ground floor and shall not occupy more than 25% of upper floors' gross square footage.
2 Ground floor uses with street frontage shall be 100% retail, restaurant and/or services.
Subd .6. Permitted Building Types. The following building types are established as the only
types of new buildings allowed within the TC district.
A.Building Type A, Vertical Mixed-Use Residential /Commercial. Type A buildings shall
have retail ,restaurant and/or service uses on the ground floor with residential on the
upper floors. Parking may be included below or above the ground floor.
B.Building Type B, Vertical Mixed-Use Office/Commercial.
C.Building Type C,High-Rise Residential.
D.Building Type D, Mid -Rise Residential.
E.Building Type E,Entertainment /Restaurant/Services .Type E buildings may include
entertainment ,restaurant and/or services uses
F.Building Type F,Hospitality/Lodging.
G.Building Type G, Community Retail.
H.Building Type H, Parking Structure.
Table 2 establishes where the permitted building types can be located within the Town Center
district.
Table 2: Permitted Building Tvaes in Town Center District
Buildin Type TC-MU TC-R TC-C
Type A P
Type B P
Type C P
Type D P
Type E P
Type F P
Type G P
Type H P P P
Subd .7. Required Conditions.
A.Zoning requests will be considered only on the basis of a Comprehensive Guide Plan for
the entire area to be zoned and specific plans for initial structures and site development.
B.All zoning requests must include a trip generation analysis that indicates the traffic
impacts on the overall Major Center Area (MCA) and demonstrates that the proposed
development is not in conflict with the MCA traffic model.
C.Acceptable,approved sanitary sewer and water services must be provided to all occupied
structures.
Subd .8. Building Bulk & Dimension Standards .Table 3 establishes specific bulk and
dimension standards for new buildings in the Town Center District.
Table 3: Building Bulk & Dimension Standards for Town Center District
Standard TC-MU TC-R TC-C
Lot Size None None None
Lot Width 50 ft min 50 ft min 50 ft min
Lot Depth 100 ft min 100 ft min 100 ft min
Front Yard Setback (ft)0 min 10 max 10 min 20 max 0 min 15 max
Side Yard Setback (ft)0 min 10 min 5 min
Rear Yard Setback (ft)0 min 20 min 10 min
Building Height'
(# of floors)
4 min 6 max 4 min 10 max 1 min 3 max
Building Footprint
Coverage
50% min 75% max 40% min 60% max 30% min 50% max
Floor Area Ratio (FAR)'2.25 max 2.25 max 0.5 max
Building Street Frontage 75% min 60% min 50% min
Impervious Surface
Coverage
90% max 75% max 75% max
Ground Floor Height 12 ft min None 12 ft min
Street Fa ade Building
St back
8 ft min
(above 4 floors)
8 ft min
(above 6 floors)
N/A
Street Fa ade Building
Breaks3
20% min 15% min 15% min
Street Level Frontage
Transparency
60% min 20% min 40% min
Usable Open Space 5%10%N/A
1 Parking structures shall not be included in calculation of # of Floors, FAR and Building Footprint Coverage.
2 Maximum building height and maximum FAR may be exceeded for permitted hotel, lodging and entertainment
uses ,when the peak period trips generated is in compliance with the MCA traffic model.
3 Buildings exceeding 40 feet in width along a street are required to incorporate building breaks in the street fa ade
that break the building into smaller facades, which may be a maximum of 40 feet in width.
Subd .9.Non-Residential Building Orientation to Street and Pedestrian Areas.All new
mixed-use and commercial buildings shall provide a variety of active uses and pedestrian-
oriented design features along streets and pedestrian areas. These design features include, but are
not limited to, the use of multiple storefronts or businesses, multiple entrances into large single-
tenant buildings, and design treatments of facades, entrances, windows, and other similar
features. Buildings and developments shall comply with the following standards for building
orientation:
A.All new buildings shall have primary entrance doors facing a public sidewalk or public
open space and spaced no more than sixty (60) feet apart .A primary entrance is defined
as a principal entrance through which people enter the building .A building or individual
business may have more than one primary entrance. Building entrances may include
doors to individual businesses ,lobby entrances, entrances to pedestrian-oriented plazas,
or courtyard entrances to a cluster of stores .Primary entrances shall be open to the public
during all business hours.
B.Primary building entrances shall be architecturally emphasized and visible from the
street.Primary building entrances shall be clearly defined and highly visible utilizing
design features such as awnings, canopies, pillars, unique building materials and/or
architectural details.
C.A minimum percentage of a mixed-use and commercial building's street-facing ground
level fa ade between two (2) feet and eight (8) feet in height shall be comprised of clear
windows, as specified in the Street Level Frontage Transparency standard in Table 3
above, in order to allow views of indoor non-residential space or product display areas.
Required windows shall have a sill no higher than four (4) feet above the adjacent
sidewalk.
Subd .10. Provision of Off-Street Parking Facilities.
A.Due to the more urban pedestrian oriented character of the Town Center area, the location
and quantity of off-street parking spaces will be reviewed on a case-by-case basis as part
of the development review process. In general, the intent is for developments to provide a
reduced number of off-street parking spaces to account for availability of joint and
shared-use parking,parking efficiencies resulting from a compact mixed-use
development pattern, on-street parking, transit, walking and bicycling. Off-street parking
facilities shall be provided as established in Table 4 or as determined through the
development review process, recognizing the potential for district, shared and public
parking. Table 4 establishes minimum and maximum off-street parking standards for uses
within the Town Center district.
Table 4: Off-Street Parking Suace Standards for Town Center District
Use TC-MU TC-R TC-C
(# of sp aces)(#of s aces (# of s aces
Minimum Maximum Minimum Maximum Minimum Maximum
Multiple-1/d.u.1/ bedroom 1/d.u.1.25/N/A N/A
Family bedroom
Residential
Retail 3/1,000 sq 5/1,000 N/A N/A 4/1,000 6/1,000
Stores&
Services
ft sqft sqft sqft
Restaurant 1/3 seats 1 /2.5 seats N/A N/A 1/3 seats 1/2 seats
Office 3 /1,000 sq
ft
4/1 ,000
s q ft
N/A N/A 4/1,000 sf 5/1,000
s q ft
Hotel N/A N/A N/A N/A 1 /guest room
+I/emp loy ee
Others As determined by site plan review.
B.On-site parking is prohibited in the front yard directly in front of a building, except for
frontage along Highway 212. Parking shall be provided to the rear or side of buildings.
C.All parking in the TC-MU sub-district shall be in a parking structure or on the street.
D.All off-street parking for residents in the TC-R sub -district shall be provided in an
enclosed building or structure.
E.Off-street surface parking for visitors in the TC-R sub-district may be provided up to a
maximum of one space per five dwellings.
Subd .11. Architectural Standards .All buildings shall comply with Architectural Standards
established in Section 11.03 Subd 3(K) of Chapter 11 of the City Code and shall be in substantial
conformance with the Town Center Design Guidelines.
Subd .12. Landscaping.
A.All sites and buildings within the TC district shall comply with Screening and
Landscaping standards established in Section 11.03 Subd 3(G) of Chapter 11 of the City
Code,except for Items 4. (a). Minimum Size Requirements for Plantings and 4. (b) Total
Caliper Inches Required .The following standards apply within the TC district in lieu of
said Item 4.(a):
1 Minimum Size Requirements for Plantings: Deciduous overstory plantings shall
be a minimum of three (3) caliper inches; deciduous understory trees shall be a
minimum of two (2) caliper inches; and coniferous trees shall be a minimum of
eight (8) feet in height.
2.Total Caliper Inches Required: A minimum of one (3) caliper inches of trees shall
provided for every 500 square feet of on-site pervious surface area or portion
thereof.
B.Landscaping shall be in substantial conformance with the Town Center Design
Guidelines.Due to the urban character of the Town Center District, less landscape space
will be available than in other zoning districts. Therefore a higher level of design detail
and level of landscaping is required for the concentrated open space, pervious surface
areas, plazas, planters, screening areas and streetscape areas.Rooftop gardens and green
roofs are encouraged.A detailed landscape plan prepared by a landscape architect shall
be submitted with the development application.
Subd .13. Signage .All sites and buildings shall comply with Sign Permits standards established
in Section 11.70 and shall be in substantial conformance with the Town Center Design
Guidelines.
Subd .14. Lighting .All sites and buildings shall comply with Glare standards established in
Section 11.03 Subd 4(E) and shall be in substantial conformance with the Town Center Design
Guidelines.
Subd .15.Mechanical Equipment ,Trash, Loading Facilities .All sites and buildings shall
comply with the Screening standards in Section 11.03 Subd 3(G), Off-Street Loading Facilities
standards in Section 11.03 Subd 3(I) and Wastes standards in Section 11.03 Subd 4(F) of
Chapter 11 of the City Code and shall be in substantial conformance with the Town Center
Design Guidelines.
Section 2.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 3.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 18th
day of December, 2007, and finally read and adopted and ordered published at a regular meeting
of the City Council of said City on the day of December, 2007.
Kathleen Porta ,City Clerk Phil Young, Mayor
PUBLISHED in the Eden Prairie Sun Current on the day of ,2007.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE NO. 28-2007
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING
CITY CODE CHAPTER 11 BY ADDING SECTION 11.27 RELATING TO THE
CREATION OF A TOWN CENTER ZONING DISTRICT AND ADOPTING BY
REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG
OTHER THINGS CONTAIN PENALTY PROVISIONS.
Summary: The Ordinance amends City Code Chapter 11 by adding Section 11.27 to create a
Town Center ("TC ) Zoning District. The intent of the TC zoning district is to provide an area
for development of an attractive, compact, walkable, mixed-use town center that creates a
live/work/play environment for the community.The Ordinance establishes three sub-districts
within the TC district. The Town Center Mixed Use ("TC-MU ) sub-district will contain higher
density vertical mixed-use buildings with ground floor shops and upper-level residential and
office space. The Town Center Residential ("TC-R ) sub-district will contain high-rise and mid-
rise residential housing. The Town Center Commercial ("TC-C ) sub-district will contain a mix
of retail and commercial buildings.The Ordinance sets forth the design guidelines, permitted
and accessory uses ,building types, building dimensions and parking requirements for the TC
district and the sub-districts.The Ordinance further sets forth standards related to architecture,
signage , lighting and landscaping.
Effective Date: This ordinance shall become effective from and after its passage and publication.
ATTEST:
Kathleen Porta ,City Clerk Phil Young, Mayor
PUBLISHED in the Eden Prairie Sun Current on the day of ,2007.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2007-
A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE NO. 28 -2007 AND ORDERING THE
PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. 28-2007 was adopted and ordered published at a regular
meeting of the City Council of the City of Eden Prairie held on the 18th day of December, 2007.
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. 28-2007 is lengthy and contains charts.
B.The text of summary of Ordinance No. 28-2007, 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 Sun Current 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 28-2007 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 18, 2007.
Phil Young, Mayor
(Seal)
ATTEST:
Kathleen Porta ,City Clerk
EXHIBIT A
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE NO. 28 - 2007
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING
CITY CODE CHAPTER 11 BY ADDING SECTION 11.27 RELATING TO THE
CREATION OF A TOWN CENTER ZONING DISTRICT AND ADOPTING BY
REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG
OTHER THINGS CONTAIN PENALTY PROVISIONS.
Summary: The Ordinance amends City Code Chapter 11 by adding Section 11.27 to create a
Town Center ("TC ) Zoning District. The intent of the TC zoning district is to provide an area
for development of an attractive, compact, walkable, mixed-use town center that creates a
live/work/play environment for the community.The Ordinance establishes three sub-districts
within the TC district. The Town Center Mixed Use ("TC-MU ) sub-district will contain higher
density vertical mixed-use buildings with ground floor shops and upper-level residential and
office space. The Town Center Residential ("TC-R ) sub-district will contain high-rise and mid-
rise residential housing. The Town Center Commercial ("TC-C ) sub-district will contain a mix
of retail and commercial buildings.The Ordinance sets forth the design guidelines, permitted
and accessory uses ,building types, building dimensions and parking requirements for the TC
district and the sub-districts.The Ordinance further sets forth standards related to architecture,
signage , lighting and landscaping.
Effective Date: This ordinance shall become effective from and after its passage and publication.
ATTEST:
Kathleen Porta ,City Clerk Phil Young, Mayor
PUBLISHED in the Eden Prairie Sun Current on the day of ,2007.
CITY COUNCIL AGENDA DATE: December 18, 2007
SECTION: Reports of Officers
DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: XIV.B.2.
Sue Kotchevar, Office of the Resolution Certifying the 2008 PropertyCity Manager/Finance Tax Levy, Adopting the 2008 Budget,
and Consenting and Approving the 2008
HRA tax levy.
Requested Action
Move to:
•Adopt a resolution certifying the 2008 Property Tax levy to be $32,274,686;
•Approve the 2008 Budget of $40,982,327 as reviewed by the Council
•Consent and approve the HRA tax levy and budget of $200,000.
Synopsis
On September 4, 2007, the Eden Prairie City Council adopted a resolution certifying the
proposed 2008 City budget and property tax levy. Calculations for the City showed the budget
to be $42,054,786 and the certified levy to be $33,618,626 on September 4, 2007. Since
September the budget and tax levy were reduced and the final budget totals $40,982,327 and the
final tax levy totals $32,274,686.
According to state statute, the final levy amount must be certified to the county auditor by
December 28, 2007.City Council adoption of the final levy and budget will complete this
process.
Attachments
Resolution
Proposed Budget Amendments
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2007-
A RESOLUTION CERTIFYING THE 2008 TAX LEVY
AND ADOPTING THE 2008 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 2008 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 $27,570,720
Equipment Revolving Fund 688,242
Capital Improvements 750,000
Bonds and Interest
2000A Public Facility Bonds 345,000
2004A Building Refunding Bond 200,000
2004B Equipment Certificates 260,000
2005A Special Assessment Bond 109,000
2006B Building Bond 375,000
2006C Equipment Certificates 255,000
Net tax capacity levy for certification $30,552,962
Less Fiscal Disparities distribution 1,477,804
Net tax collectible $29,075,158
Taxes to be levied against market value
2003A Refunding Park Bonds $435,000
2003C Refunding Open Space Bonds 210,000
2005C Park Bonds 249,975
2006A Park Bonds 826,749
Market value tax levy
for certification $1,721,724
Total net tax collectible $30,796,882
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 1).
BE IT FURTHER RESOLVED that,with the conclusion of the Proposed Property Tax and Budget
Hearing process , the City Council approves the 2008 Budget totaling $40,982,327.
BE IT FURTHER RESOLVED that the council consents and approves the 2008 HRA tax levy of
$200,000.
ADOPTED by the Eden Prairie City Council this 18th day of December, 2007.
Phil Young, Mayor
ATTEST:
Kathleen Porta ,City Clerk
CITY OF EDEN PRAIRIE
NOTICE OF ADJUSTMENT TO REQUIRED DEBT LEVIES
LEVIED YEAR 2007, COLLECTED YEAR 2008
EXHIBIT 1
Debt levy amounts previously certified may be adjusted to the amounts shown below due to the availability of
other repayment sources.
OUTSTANDING DEBT WITH REQUIRED LEVY
Date of
Issue
Amount of
Issue
Required Levy
2007/2008
Actual Levy
2007/2008
G.O. Public Facility Revenue Bonds 2000A 12/01/00 $3,390,000 $342,825 $345,000
G.O. Refunding Open Space Bonds 2003C 02/19/03 $1,145,000 $178,988 $210,000
G.O. Refunding Park Bonds 2003A 02/19/03 $3,185,000 $447,024 $435,000
G.O. Public Facility Building Refunding Bonds 2004A 01/15/04 $745,000 $211,659 $200,000
G.O. Equipment Certificates 2004B 12/29/04 $1,137,000 $258,774 $260,000
G.O. Special Assessment Bonds 2005A 07/01/05 $2,390,000 $111,405 $109,000
G.O. Park Bonds 2005C 12/02/05 $4,920,000 $249,975 $249,975
G.O. Park Bonds 2006A 01/01/06 $8,425,000 $831,403 $826,749
G.O. Building Bonds 2006B 07/01/06 $4,290,000 $374,763 $375,000
G.O. Equipment Bonds 2006C 09/01/06 $1,080,000 $262,526 $255,000
GRAND TOTAL $3,269,342 $3,265,724
City of Eden Prairie
Summary of 2008 Requested Budget Amendments
12/18/2007
Version 1.8*
Amendment
#1
Amendment
#2
Amendment
#3
Amendment
#4
Amendment
#5
Amendment
#6
Budget Change
Budget 41,182,327 41,182,327 41,182,327 41,182,327 41,182,327 41,182,327 41,182,327
Amendment #1 CIP Addition, Total $1,000,000 250,000
Amendment #2 CIP Reduction, Total 0 (750,000)
Amendment #3 CIP Reduction, Total $500,000 (250,000)
Amendment #4 Community Services Technician Position Reduction (62,000)
Amendment #5 Heritage Perservation Position Change to .5 FTE (34,000)
Amendment #6 Assistant Fire Chief Position Addition, .5 FTE 2008 45,000
Amended Budget 41,182,327 41,432,327 40,432,327 40,932,327 41,120,327 41,148,327 41,227,327
Percent Change (Change from Version 1.8)4.9%0.6 %(1.8%)(0.6 %)(0.2%)(0.1%)0.1%
Tax Levy Change
Tax Levy 32,474,686 32,474,686 32,474,686 32,474,686 32,474,686 32,474,686 32,474,686
Change 0 250,000 (750,000)(250,000)(62,000)(34,000)45,000
Amended Tax Levy 32,474,686 32,724,686 31,724,686 32,224,686 32,412,686 32,440,686 32,519,686
Percent Change (Change from Version 1.8)3.8%0.8%(2.3%)(0.8%)(0.2%)(0.1%)0.1%
Tax Impact Change (Median Value Home)
City Impact (Change from Version 1.8)0.98%0.83%(2.5%)(0.8%)(0.2%)(0.1%)0.2%
Annual City Dollar Impact (Change from Version 1.8)$11 $9 ($28)($9)($2)($1)$2
Monthly City Dollar Impact (Change from Version 1.8)$0.92 $0.78 ($2.34)($0.78)($0.19)($0.11)$0.14
*Version 1.8 - As reviewed at the TNT hearing
City of Eden Prairie
Summary of 2009 Requested Budget Amendments
12/18/2007
Version 1 .8
Amendment
#1
Amendment
#2
Amendment
#3
Amendment
#4
Amendment
#5
Amendment
#6
Budget Change
Budget 42,483,522 42,483,522 42,483,522 42,483,522 42,483,522 42,483,522 42,483,522
Amendment #1 CIP Addition, Total $1,000,000 100,000
Amendment #2 CIP Reduction, Total 0 (900,000)
Amendment #3 CIP Reduction, Total $500,000 (400,000)
Amendment #4 Community Services Technician Position Reduction (68,000)
Amendment #5 Heritage Perservation Position Change to .25 FTE (57,200)
Amendment #6 Assistant Fire Chief Position Addition 99,000
Amended Budget 42,483,522 42,583,522 41,583,522 42,083,522 42,415,522 42,426,322 42,582,522
Tax Levy Change
Tax Levy 34,219,670 34,219,670 34,219,670 34,219,670 34,219,670 34,219,670 34,219,670
Change 0 100,000 (900,000)(400,000)(68,000)(57,200)99,000
Amended Tax Levy 34,219,670 34,319,670 33,319,670 33,819,670 34,151,670 34,162,470 34,318,670
CITY COUNCIL AGENDA DATE:
SECTION: Report of the Parks and Recreation Director December 18, 2007
DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: XIV.D.1.
Jay Lotthammer, Director,ACI Cash Value Program for Senior Center
Parks and Recreation
Synopsis
Staff from the Senior Center was recently approached by a representative of the ACI Cash Value
Program with the offer to be a site for distributing cards for the program. The ACI Cash Value
Program allows card holders to receive a cash back reward when using participating businesses. A
cash back reward is also contributed back to the non-profit that promotes the program. All
agreements surrounding this program are between the merchant and ACI. The Senior Center would
only be a promoter of the card and recipient of the proceeds. All proceeds would be placed in a
City of Eden Prairie account and be used to off-set operating expenses. Although there are no
guarantees of a specific dollar amount, there is a potential to receive several thousand dollars per
year.
Background
When a consumer/cardholder shops at a participating business, the cardholder pays for their
purchase using any form of payment - cash, check, bank debit or credit card and then has their
Cash Value Card swiped through the card reader. The rebate is shared equally by the consumer and
their non-profit of choice, less program administration costs. The attached information explains the
program in greater detail and provides examples of the promotional material being used by other
non-profits who are participating in this program.
Attachments
ACI Cash Value Card FAQ Sheet
ACI Cash Value Information Card
ACI Cash Value Burnsville Merchants and Causes
ACI Cash Value Burnsville Athletics Information
Letter from Eden Prairie Senior Center to Merchants
What is the Cash ValueT"' Card Program?
The Cash Value Card is a coalition loyalty and gift card program designed to unify
economic and social interests in metropolitan areas via-a "smart card" using current
magnetic stripe technology.
How does .it work
The Cash Value Card is issued by local businesses and community-based
organizations (schools/faith-based/Non Profits) to cardholders from the. age of 10 and
up.When a cardholder makes a purchase, using any form of payment, a rebate
determined by the business owner is created.
How is the rebate collected and what happens to it?
Transactions are processed by ACI and the rebate is calculated. Our processing center
then creates an Automated Clearing House (ACH) file and transmits it to the Federal
Reserve Network (FDR). The rebate amount is collected and deposited into a trust
account. The cardholders portion is applied and can now be spent with participating
businesses. An equal portion, less $0.10 withheld for tracking, goes to the designated
organization.A smaller portion is retained by ACI for program support.
Why join the Cash Value Coalition?
A multiple brand coalition taps into the consumers everyday spending habits at levels
not obtainable by a single brand. This raises the level of awareness and loyalty of
consumers for all participating businesses in the Cash Value Program.
Do t need any special equipment?
The merchant kit includes everything you will need to set up the program: OMNI 3750
point of sale terminal (s), collateral materials, and an initial supply of Cash Value
Cards. Larger businesses, multiple locations, may be able to code the link from the ACI
network directly into their Point-of-Sales (POS) system.
Why does the Cash Value Card benefit business?
A well run loyalty program increases sales by 18% on a national average. Major
corporations spend billions annually on cause related marketing. Why do both exist
today - because they work!
The Cash Value Card program uniquely combines both, driving sales and cardholder
value to an extraordinary level. Simply by shifting existing marketing dollars currently
used for coupons, discounts, 2 for 1 etc., you will have the power to retain and attract
new customers, increase sales and increase customer visits. The Cash Value Card
program additionally provides you with a state-of-the-art gift card program without the
high cost of typical installation and transaction fees. Simply stated, the technology
behind the Cash Value Card is matchless in today's loyalty marketplace.
Alliance Card, Inc. • 406 Gateway Blvd • Burnsville, MN 55337 • Office: 952.890.6868 • Fax: 952.465.0475
Why will the Community Organizations support my Business?
Since 9111, local organizations have been struggling to maintain previous levels of
community support. This is primarily due to the shift in donations toward national non-
profits. In exchange for this revenue opportunity, organizations will promote to their
public the need and importance of shopping with participating Cash Value Businesses.
Why will consumers support my Business?
The survey findings of a recent Cone Roper report, November 2006, are quite
revealing as to the new mindset of consumers.
• 74% are more likely to pay attention to a company's message when they see that the
company has a deep commitment to a cause.
• 69% consider a company's social/environmental commitment when deciding where
to shop.
• 89% are likely or very likely to switch from one brand to another (price and quality
being equal) if the second brand is associated with a good cause.
• 66% will consider a company's social/environmental commitment when deciding
whether to recommend its products and services.
• 79% want to work for a company that cares about how it impacts and contributes to
society.
•69% are aware of their employer's commitment to social/environmental causes.
• 64% say their company's social/environmental activities make them feel loyal to that
company.
This shift in consumer psychology also coincides with 9/11.
Who is ACI?
Alliance Card, Inc. (ACI) is a Minnesota corporation based in Burnsville.
"Alliance Card Inc. is the leading innovator of coalition loyalty and gift card programs
uniting businesses,nonprofit organizations and consumers. By utilizing all forms of
payment, tying public and private sectors together and transferring consumers
established loyalties to local businesses,ACl has created the standard by which all
future loyalty and gift card programs will be judged. "
What others say.
"Generally,the first coalition program In a region has an almost unassailable advantage.
Once more than half of target households are signed up and have begun collecting, it is very
difficult to tempt them to change to another program".
The Wise Marketer Loyalty Guide Volume 2 2007
"Best Rural Economic Initiative:
New Ulm's SmartTown Card by Alliance Card Inc. A retail loyalty program for an entire town".
Twin Cities Business Magazine -Best of Business issue -September 2006
What is my commitment?
Choose your rebate offer, engage employees, engage your favorite cause and promote the
program from within.
Alliance Card ,Inc. • 406 Gateway Blvd • Burnsville ,MN 55337 • Office:952.890 .6868 •Fax: 952 465.0475
VALUE
Exclusive Customer Benefits
• Free to all cardholders.
•Receive cash back on every, purchase.
• Redeem your stored Cash Value at any narticipailnc
Cash Value Card business .
Merchants provide rebates that are sh ireJ vith yi)u and
your cause
Go online at wv"ww.CashValueGard.con; to
change your cause.
This
Eck your balance or
Business Proudly Supports
Our Community
• You and your chosen cause benefit every time you make a
purchase at any participating C 7h Value Card businesses.
Congratulations on Joining the
National Cash Value Card Network
YOUR CARD IS ACTIVE AND
CAN BE USED NOW.
To protect your balance in case of a
lost or stolen card register your card at:
www.CashVaiueCard.com
ACI CASH VALUE
BURNSVILLE MERCHANTS
On Program Cash Value Cards
1.Valley Natural Foods
2.Tan Cabana
3.Amstar Auto - Car Wash/Convenience
4.Madelin Rose Floral
5.South Metro Sports
6.Dominos Pizza
7.Dairy Queen
8.A & A Auto Service
9.Skyline Chiropractic
IO.Velocity Sports Performance
11. Champps
In Process for obtaining Cash Value Cards
1.Roasted Pear
2.Davanni's Pizza
3.Chianti Grill (4 locations)
4.Burnsville Bowl
5.Dry Cleaning Station
6. Jensen's Cafe
7.Tony Appliance
8.Baffalo Tap
9.Cole's Salon
I O.Buck Hill
11.Bogart's Bowl
Cash Value Cards
To Causes
Cards
Senior Center - District 191
Burnsville, Eagan, Savage 6000
High School - Activities - Burnsville 3000
BAC Football 500
Burnsville Soccer 2000
Burnsville Hockey Assoc.2500
Apple Valley Hockey 100
*Dakota Curling 600
*Rosemount Baseball 600
*St John's Baptist School 2000
17,300
*Currently in planning stages
USE THIS CARD
Every time you use your Cash Value Card
you earn $$$ for your favorite Charity.
BURNSVILLE HIGH SCHOOL
ATHLETICS
VISIT THE PARTICIPATING CASH VALUE BURNSVILLE LOCATIONS:
A&A Auto, CHAMPS, DQ, DOMINO'S, CABANA TAN, AMSTAR, VALLEY NATURAL
FOODS, MADELIN ROSE FORAL, TUCKERS @ BUCK HILL, CRYSTAL LAKE GOLF
COURSE & BANQUET, VELOCITY SPORTS, METRO SPORTS,
& SKYLINE CHIROPRATIC
To check out other metro locations go to www.vipintemational.com
The program is easy simply use your cash value card anytime you purchase goods & services in the over 120
metro locations. Pay with cash, credit, or check, & hand the cashier you CashValue card. Every time you
use your card you earn cash for yourself & Burnsville High School.
Leverage the buying power of your students and parents and never fundraise again.
Everyone has things they need to buy or want to buy, so why not use the buying power of your group (after
all volume always equals better pricing). CashValue is a simple way to fundraise from the things everyone
needs to buy-gas, grocery, car and home services, entertainment, recreation and dining.
It works like this: A merchant determines the amount of cash reward they are willing to give back to secure
the loyalty of the group (students, staff, friends, neighbors, relatives). CashValue cards are issued through
booster clubs, athletics, or directly from the merchants. Cardholders pay any for products and services the
way they normally pay and present their CashValue card, which earns cash for future purchases, and makes
an automatic contribution to the non profit organization of their choice. That choice can be changed online,
so one card can fund different organizations the student participates in. Cash can be earned or spent at any
merchant which means one card can be used at all merchants, regardless how many are participating.
AMSTAR
A Minnesota Star Station
VA LLEY
natural foods
SPORTS PFRFQ)RA4AV(.j
o F OR M AL W EAR
Madelin Rose Floral
200/ Cliff Road E. Suite /05,
Burnsville. * 952-895-0821
SKYLINE
C H I R O P R A C T I C
Chiropractic for Children and Adults
December 2007
Dear Merchant,
The City of Eden Prairie's Senior Center is sincerely grateful to be a part of the
ACI Cash Value Program. This opportunity will enhance the chance for seniors
in our community to participate in programs, classes and events of their choice.
Being a part of this program will allow the Senior Center to provide programs
and events at a cost that is feasible for our senior population; and will provide
EDEN
PRAIRIE
LIVE-WORK-DREAM
City of Eden Prairie
Senior Center
8950 Eden Prairie Rd
Eden Prairie, MN
55347
you with new customers, because residents want to shop at merchants who support the
seniors of our community.
What is the ACI Cash Value Program? The ACI Cash Value program is not a donation
request,nor is it the intent of the Senior Center. It is a program that benefits your
business directly by bringing you current ,new and loyal customers .The program is a
risk free and cost effective way for businesses, families and the Senior Center to benefit
the whole community.
Our local businesses face the pressures of our economy, from increased overhead to all
types of competition and uncontrollable situations. The Senior Center also faces similar
pressures from rising costs and increasing demands of our global economy. Our seniors
too feel the financial stress and can only afford to do so much. An important part of life is
the time you spend with your friends. Being able to participate in Senior Center events
with friends is a critical opportunity for all seniors. They want to be around people and
socialize, but being on a limited income or only being able to afford so much is difficult
for them.
You can help our seniors by participating in the ACI Cash Value Program. Thousands of
ACI Cash Value cards are being issued and will continue to be issued by organizations,
such as the Senior Center in the coming months and those cardholders will be looking for
participating merchant. Advertising on the ACI website, providing a link to your website,
and monthly transaction analysis to fine tune your marketing are all free. Your business
will experience 1) new customers; 2) increased average purchases; 3) increased frequency
and 4) tax advantages. You determine your own level of participation, and on what terms
with no long term commitment. We are seeking your support as your business is a
popular place for seniors and their families and friends to visit.
Please look over the materials presented by your ACI representative and consider
becoming an ACI Cash Value partner .We will be working with our senior population,
their families and friends to inform and motivate as many people as possible to buy from
you. Your successful business benefits the seniors and our community together.
Sincerely
Carla Kress
Recreation Coordinator
CITY COUNCIL AGENDA DATE:
SECTION: Report of the Parks and Recreation Director December 18, 2007
DEPARTMENT/DIVISION:ITEM DESCRIPTION:ITEM NO.: XIV.D.2.
Jay Lotthammer, Director,Passport to Fun Fee Assistance Program
Parks and Recreation
Requested Action
Move to:Approve the changes to the Passport to Fun fee assistance program.
Synopsis
Staff is requesting changes to the Passport to Fun fee assistance program to include use of the
Community Center open gym, daily use fee and membership.
Background
The City of Eden Prairie offers a fee assistance program called Passport to Fun ,for individuals
who may need financial assistance to participate in recreation programs. Persons requesting
assistance are required to demonstrate a financial need and to pay a portion of the participation fee.
Each eligible family member can receive a maximum of $150 in fee assistance per calendar year.
Senior discounts do not apply.
The following programs currently do not qualify for the Passport to Fun program: programs with
fees under $10, special events, memberships, facility rentals, additional fees (supplies or
equipment rental), birthday party packages, team registrations, racquetball courts and use of the
fitness center.
The City of Eden Prairie provides recreation programs and services to all residents regardless of
sex, race, color, national origin, ability or financial status. To qualify, applicants must be an Eden
Prairie resident or work in Eden Prairie, and meet one of the following criteria and submit
supporting documentation for each person:
•Participation in a Free or Reduced Lunch Program through the School District
•Eligibility to receive financial aid from Hennepin County
•Eligibility to receive Social Security disability
•Special circumstances causing financial hardship may be considered
Once approved, participants show their ID card for free access programs or to register for Parks
and Recreation programs (priced at more than $10). The Passport to Fun dollars will pay up to half
of the cost of the recreation program, with the remaining amount being paid by the participant.
The fee assistance program is funded through the City of Eden Prairie's operating budget with a
$5,000 budget in 2007 and $6,000 budget requested for 2008.
Passport to Fun Fee Assistance Program
December 18, 2007
Page 2
Requested Changes
Staff recommends including Community Center open gym to the list of free access programs,
allowing qualified participants free access to open swim, open skate and open gym throughout the
year. In addition, staff recommends allowing qualified participants to use their $150 in fee
assistance per year towards the cost of a membership to the Community Center, to be used similar
to registration of recreation programs where participants pay for half of the cost. For example, a
single adult could apply the $150 fee assistance dollars towards a $384 membership, and the
participant pays the remaining $234.
The Parks, Recreation and Natural Resources Commission reviewed the information at their
December 3 meeting, and approved the changes.Motion:Mackay moved, seconded by Oko, to
recommend changes to the Passport to Fun Fee Assistance Program to include free access to
Community Center open gym and allow scholarship dollars to apply to a Community Center
membership or daily use fees beginning January 1, 2008. The motion carried, 7-0.
The Parks, Recreation and Natural Resources Commission requested the Community Center daily
use fee be added to the list of options. Participants would receive full facility use of the
Community Center by applying their fee assistance dollars towards half of the cost of the daily use
fee and pay the remaining $3.75. This would allow the participant 40 half-priced visits to the
Community Center to take advantage of the fitness center,fitness classes and racquetball courts
(the other amenities are part of the free access).
Attachments
Passport to Fun Pamphlet and Application
Passport to Fun Annual Totals
What is the
Passport to Fun Program?
Passport to Fun is a program that
enables people to participate in City of
Eden Prairie Parks and Recreation
programs who may otherwise be
unable due to financial constraints.
All people are encouraged to
participate in recreation programs;
the City is committed to helping
people overcome financial limitations
that may make participation difficult.
Who is eligible?
The program is available to persons
who live or work in the City of Eden
Prairie and have a financial need.
What happens next?
•Once your application and documen-
tation have been received, the
information will be reviewed.
•Within two weeks you will receive a
letter of notification.
• If accepted into the Passport to Fun
program, please call 952-949-8470
to schedule an appointment to have
your photo taken for your ID card.
Each eligible family member must
have their photo taken.
• Show your Passport to Fun ID card
each time you use the Community
Center free access programs or
register for a program.
The City of Eden Prairie welcomes
all applicants and does not
discriminate on the basis of race,
creed ,color,religion, sex, national
origin ,disability,marital status,
status with regard to public
assistance ,age, membership on a
local human rights commission, or
sexual orientation.
LIVE -WORK- DREj
Eden Prairie's
Passport
to Fun
Parks and Recreation
Fee Assistance Program
LIVE •WO R K • OR EAM
How do I apply?
Complete an application form,
include the eligible family
members that live in your
household.
For each family member, attach
documentation from one of the
following:
• School Free Lunch Program
• School Reduced Lunch
Program
•Hennepin County Financial
Assistance
• Social Security Disability
•Written explanation of your
special financial circumstance
• Submit your application and
documentation to:
Eden Prairie Community Center
16700 Valley View Road
Eden Prairie, MN 55346
All information submitted for the
purposes of eligibility determina-
tion into the Passport to Fun Fee
Assistance Program is considered
confidential and is only used to
determine eligibility.
Questions?
Call 952-949-8470
How does the
Passport to Fun work?
Each individual will receive $150
in their Passport to Fun account.
You can apply those dollars
towards recreation programs,
Community Center daily use fee or
membership.
Each time you register for a
program, show your Passport to
Fun ID card.
The Passport to Fun dollars will
pay up to half the cost of the
activity,with the remaining
amount being paid by the partici-
pant, until your account amount is
depleted.
Passport to Fun account funds
expire on December 31 of each
year. Amounts do not carry over to
the next year. Participants need to
reapply each year.
Account dollars are not
transferrable to other family
members.
Community Center memberships
are available; for the dual or
family memberships, the Passport
to Fun account dollars of eligible
family members may be combined.
Availability of funds are limited to
a budgeted maximum amount each
year.
How can the
Passport to Fun
program be used?
Free access to Open Swim offered
at the Community Center and Oak
Point pools ;Open Skate ,plus free
skate rental ;and Open Gym
sessions offered at the
Community Center
Apply your Passport to Fun
dollars for up to half of the cost of
these activities and then pay the
remaining amount:
.Parks and Recreation Program
(priced at $10 or more)
-Community Center Daily Usage
-Community Center Membership
Programs that do not qualify:
•Programs with fees that are
already under $10
• Special Events
•Facility or Court Rental
•Additional fees (supplies, meals,
equipment rental)
•Birthday Party Packages
•League Team Registrations
• Senior Discounts
For Year:
Passport To Fun
Application
Adult 1 - First Name Middle Last
Adult 2 - First Name Middle Last
Address
Home Phone Email Address
Adult 1-Employer Business Phone
Name Birthdate Gender
13
o
Name Birthdate GenderBirthdateGenderUName
N ameame Birthdate GenderBirthdateGender
City of Eden Prairie
Parks and Recreation
16700 Valley View Road
Eden Prairie •MN • 55346
952-949-8470 •edenprairie.org
Date of Birth Gender
13
Date of Birth Gender
City State Zip
Adult 2-Employer Business Phone
13
Name Birthdate G ender
13
Name Birthdate G ender
13
Name Birthdate G ender
For each person applying ,please
attach documentation from one The Pass ort to Fun is available for allof the following:13 Eden Prairie Resident p
these options ,please check the benefit(s)
q School Free Lunch 13 Work in Eden Prairie you plan to use:
q Free access to Open Gym
q School Reduced Lunch Program q Free access to Open Skate
q Free access to Open SwimqSocial Security Disability
q Reduced fees for Recreation ProgramsqHennepin County Financial Assistance
q Community Center MembershipqSpecial Financial Circumstance:q Community Center Daily Usage
1. Complete this form.I understand that all the information provided is accurate
2. Attach appropriate documentation.and complete ,to the best of my knowledge.
3. Submit to: Eden Prairie Community Center
16700 Valley View Road
Eden Prairie ,MN 55346
4. Receive notification letter within two weeks.
5. Call for photo appointment.
Signature Datee
FOR OFFICE USE:
q Approved q Denied because of:
Date Received Reviewed by Date
Processed by Date Photos taken by Date
Passport to Fun Fee Assistance Program
2005 2006 2007
(as of 11/28)
Number of Approved Applicants 195 151 124
Applicants who used money 92 84 71
Applicants who did not use money 101 67 53
Applicants that used $1-$50 47 54 42
Applicants that used $50-$100 42 18 14
Applicants that used $100-$150
Note :Max allotted in 2005 was $100
3 12 15
Total Funds Granted for the Year (dollars)$19,500.00 $22,650.00 $18,600.00
Total Funds Used for the Year (dollars)$4,770.71 $4,518.81 $4,340.66
Percentage of granted funds used
Monthly Usage (Dollars)
24%20%23%
Jan $402.08 $113.00 $196.00
Feb $37.58 $93.00 $107.00
Mar $537.00 $276.87 $490.50
Apr $209.25 $306.00 $493.00
May $807.78 $1,060.50 $882.00
Jun $1,323.41 $918.50 $861.03
Jul $559.10 $745.44 $804.00
Aug $414.00 $355.50 $243.00
Sep $258.26 $315.50 $22.38
Oct $105.75 $234.50 $114.88
Nov $102.00 $49.50 $126.87
Dec $14.50 $50.50
Total Used $4,770.71 $4,518.81 $4,340.66