HomeMy WebLinkAboutCity Council - 05/20/2008
AGENDA
JOINT CITY COUNCIL / HERITAGE PRESERVATION COMMISSION WORKSHOP
& OPEN PODIUM
TUESDAY, MAY 20, 2008 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, Communications Manager Joyce Lorenz, Assistant to the
City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters
City Attorney Ric Rosow
HERITAGE PRESERVATION COMMISSION: Betsy Adams, Chair; Ann Higgins, Vice Chair;
Nina Mackay, Mark McPherson, Ed Meuhlberg, Kathy Veurink Richard Akerlund; John Gertz, Staff
Liaison
Heritage Room II
I. JOHN R. CUMMINS HOUSE REUSE STUDY
Council Chamber
II. OPEN PODIUM
A. STEVE WAGNER – NEIGHBORHOOD ISSUES (CONSTRUCTION
DEBRIS, NOISE, ETC.)
V. ADJOURNMENT
AGENDA
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, MAY 20, 2008 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
I. ROLL CALL / CALL THE MEETING TO ORDER
II. COLOR GUARD / PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
V. PROCLAMATIONS / PRESENTATIONS
A. HUMAN RIGHTS AWARDS
B. MARY HILL SMITH – METROPOLITAN COUNCIL UPDATE
VI. MINUTES
A. CITY COUNCIL MEETING HELD TUESDAY, MAY 6, 2008
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
A. HERITAGE PRESERVATION COMMISSION
VIII. CONSENT CALENDAR
A. CLERK’S LICENSE LIST
B. EDEN PRAIRIE MARKETPLACE Second Reading of the Ordinance for
Planned Unit Development District Review and Zoning District Change from
Rural to Commercial Regional Service on 1.25 acres and Resolution for Site Plan
Review on 1.25 acres. Location: Valley View Road & Prairie Center Drive.
(Ordinance for PUD District Review and Zoning District Change; Resolution
for Site Plan Review)
C. UNITEDHEALTH GROUP AUAR UPDATE AND PUD AMENDMENT
Location: SE Quadrant of Shady Oak Rd & TH 62. (Resolution for AUAR)
CITY COUNCIL AGENDA
May 20, 2008
Page 2
D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BRAUER
& ASSOCIATES FOR MILLER PARK PLAY AREA
E. REJECT BIDS FOR GARDEN ROOM ROOF REPLACEMENT
F. DIRECT STAFF TO NOT WAIVE MONETARY LIMITS ON TORT
LIABILITY ESTABLISHED BY MINNESOTA STATUTES 466.04
G. AMEND CONSERVATION EASEMENT OVER LOTS 2 THROUGH 5,
BLOCK 5 WILLIAMS PLACE
H. APPROVE AUCTION OF SURPLUS VEHICLES AND EQUIPMENT
I. APPROVE RENEWAL OF MIDWEST ASPHALT LAND ALTERATION
PERMIT
J. APPROVE CHANGE ORDER NO. 1 FOR WASHINGTON AVENUE LIFT
STATION
K. APPROVE REVISED BYLAWS OF EDEN PRAIRIE FIREFIGHTER
RELIEF ASSOCIATION
L. APPROVE LAND ALTERATION PERMIT FOR PHASE I OF THE FOWLER
PROPERTY LAND MANAGEMENT PLAN, I.C. 08-5727
M. AWARD CONTRACT FOR EMPLOYEE ASSISTANCE PROGRAM
(EAP) SERVICES TO THE OASIS GROUP
N. AWARD THE BID FOR TWO ICE RESURFACERS FOR COMMUNITY
CENTER TO FRANK J. ZAMBONI & CO., INC.
O. ADOPT RESOLUTION APPROVING PARTICIPATION OF HENNEPIN
COUNTY HOUSING AUTHORITY IN AN EDEN PRAIRIE
AFFORDABLE HOUSING PROJECT
IX. PUBLIC HEARINGS / MEETINGS
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCILMEMBERS
CITY COUNCIL AGENDA
May 20, 2008
Page 3
B. REPORT OF CITY MANAGER
1. 2007 Comprehensive Annual Financial Report (CAFR)
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
ANNOTATED AGENDA
DATE: May 16, 2008
TO: Mayor and City Council
FROM: Scott Neal, City Manager
RE: City Council Meeting for Tuesday, May 20, 2008
_____________________________________________________________________________________________
TUESDAY, MAY 20, 2008 7:00 PM, COUNCIL CHAMBER
I. ROLL CALL / CALL THE MEETING TO ORDER
II. COLOR GUARD/PLEDGE OF ALLEGIANCE
(See instructions on dais.)
III. OPEN PODIUM INVITATION
Open Podium is an opportunity for Eden Prairie residents to address the City Council on
issues related to Eden Prairie city government before each Council meeting, typically the first
and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber.
If you wish to speak at Open Podium, please contact the City Manager’s office at 952.949.8412
by noon of the meeting date with your name, phone number and subject matter. If time permits
after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers.
Open Podium is not recorded or televised. If you have questions about Open Podium, please
contact the City Manager’s Office.
IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Move to approve the agenda.
V. PROCLAMATIONS / PRESENTATIONS
A. HUMAN RIGHTS AWARDS
Recipients of the Human Rights Awards, for accomplishments in 2007,
will be recognized.
2007 Human Rights Award – Non‐Profit Organization Recipients
• Eden Prairie United Methodist Church
• Prairie Lutheran Church
• Pax Christi Catholic Community
• American Muslim Community Center
ANNOTATED AGENDA
May 20, 2008
Page 2
2007 Human Rights Award – Individual Recipients
• Mary Jane & Basil Wissner – Eden Prairie Residents
• Ali Turner – Hennepin County Library
2007 Human Rights Award – Business Recipient
• Thunder Communications Design, Jody Russell owner
A member of the HRDC will read a short statement of purpose. Mayor
Young will ask each recipient to come up and stand with the Chair and
Vice‐Chair, and the Mayor will then read the recipient information.
Chair and Vice‐Chair will present the plaques.
B. MARY HILL SMITH – METROPOLITAN COUNCIL UPDATE
VI. MINUTES
MOTION: Move to approve the following City Council minutes:
A. CITY COUNCIL MEETING HELD TUESDAY, MAY 6, 2008
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
A. HERITAGE PRESERVATION COMMISSION
VIII. CONSENT CALENDAR
MOTION: Move approval of items A‐O on the Consent Calendar.
A. CLERK’S LICENSE LIST
B. EDEN PRAIRIE MARKETPLACE Second Reading of the Ordinance for Planned
Unit Development District Review and Zoning District Change from Rural to
Commercial Regional Service on 1.25 acres and Resolution for Site Plan Review on
1.25 acres. Location: Valley View Road & Prairie Center Drive. (Ordinance for PUD
District Review and Zoning District Change; Resolution for Site Plan Review)
C. UNITEDHEALTH GROUP AUAR UPDATE AND PUD AMENDMENT
Location: SE Quadrant of Shady Oak Rd & TH 62. (Resolution for AUAR)
D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BRAUER &
ASSOCIATES FOR MILLER PARK PLAY AREA
E. REJECT BIDS FOR GARDEN ROOM ROOF REPLACEMENT
F. DIRECT STAFF TO NOT WAIVE MONETARY LIMITS ON TORT
LIABILITY ESTABLISHED BY MINNESOTA STATUTES 466.04
ANNOTATED AGENDA
May 20, 2008
Page 3
G. AMEND CONSERVATION EASEMENT OVER LOTS 2 THROUGH 5,
BLOCK 5 WILLIAMS PLACE
H. APPROVE AUCTION OF SURPLUS VEHICLES AND EQUIPMENT
I. APPROVE RENEWAL OF MIDWEST ASPHALT LAND ALTERATION
PERMIT
J. APPROVE CHANGE ORDER NO. 1 FOR WASHINGTON AVENUE LIFT
STATION
K. APPROVE REVISED BYLAWS OF EDEN PRAIRIE FIREFIGHTER RELIEF
ASSOCIATION
L. APPROVE LAND ALTERATION PERMIT FOR PHASE I OF THE FOWLER
PROPERTY LAND MANAGEMENT PLAN, I.C. 08-5727
M. AWARD CONTRACT FOR EMPLOYEE ASSISTANCE PROGRAM (EAP)
SERVICES TO THE OASIS GROUP
N. AWARD THE BID FOR TWO ICE RESURFACERS FOR COMMUNITY
CENTER TO FRANK J. ZAMBONI & CO., INC.
O. ADOPT RESOLUTION APPROVING PARTICIPATION OF HENNEPIN
COUNTY HOUSING AUTHORITY IN AN EDEN PRAIRIE AFFORDABLE
HOUSING PROJECT
IX. PUBLIC HEARINGS / MEETINGS
X. PAYMENT OF CLAIMS
MOTION: Move approval of the Payment of Claims as submitted
(Roll Call Vote).
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
1. 2007 Comprehensive Annual Financial Report (CAFR)
Synopsis: Minnesota statutes require that by June 30 of each year, the
City prepare a financial report for activities of the previous year. This
accounting report will be forwarded to the State by that deadline.
ANNOTATED AGENDA
May 20, 2008
Page 4
Preparation of the report is largely the work of the Finance Division.
The report is prepared with review by the independent auditing firm of
Malloy, Montague, Karnowski, Radosevich, & Co., P.A.
William Lauer, Principal in the accounting firm will make a presentation of the
financial report. In general, the City’s financial conditions and control procedures
are sound.
MOTION: Move to: Accept the 2007 Comprehensive Annual
Financial Report (CAFR).
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
MOTION: Move to adjourn the City Council meeting.
CITY COUNCIL AGENDA
SECTION: Proclamations & Presentations
DATE:
May 20, 2008
DEPARTMENT/DIVISION:
Community Development
Molly Koivumaki, Manager,
Housing and Community
Services
ITEM DESCRIPTION:
Human Rights Awards
ITEM NO.: VIII.A.
Requested Action
Recipients of the Human Rights Awards will be recognized. The Human Rights Awards
recognize accomplishments in 2007.
2007 Human Rights Award – Non-Profit Organization Recipients
Eden Prairie United Methodist Church
Prairie Lutheran Church
Pax Christi Catholic Community
American Muslim Community Center
2007 Human Rights Award – Individual Recipients
Mary Jane & Basil Wissner – Eden Prairie Residents
Ali Turner – Hennepin County Library
2007 Human Rights Award – Business Recipient
Thunder Communications Design, Jody Russell owner
Background
Human Rights and Diversity Commission Members:
• Cari Maguire, Chair
• Pamela Spera, Vice Chair
• Gerry Beckmann
• Daniel Abraira
• Marcy Harris
• Mohamed Duale
• Kelly Brandon
Staff Liaison: Molly Koivumaki
Attachments
Recipient Information
C:\RDCab\PL\Temp\Cover - Human Rights Awards.doc
Human Rights Awards
2007 Non-Profit Recipients
• Eden Prairie United Methodist Church
• Prairie Lutheran Church
• Pax Christi Catholic Community
• American Muslim Community Center
These organizations joined together to provide leadership and planning for the 2007 Interfaith
Worship Service that was held in late November at Pax Christi. The Interfaith Worship Service
began in 2006 and was continued in 2007. It was a community activity that brought together
hundreds of people of different faiths and beliefs to celebrate the commonalities held by all
people and promote peace, tolerance and awareness.
Numerous hours were spent by many to plan and organize this event. Many churches and
organizations participated, but these four recipients were most involved and all integral in
making the celebrations happen.
The main points of the Eden Prairie Manifesto were beautifully met in this celebration that
promoted tolerance, respect, and acceptance in a caring atmosphere. We are a better community
because we offer this opportunity to gather and worship.
2007 Individual Recipients
Mary Jane and Basil Wissner
The Wissners are long time residents of Eden Prairie who have brought their signature traits of
dedication, hard work and joyous spirit to every group with whom they have volunteered over
the years.
As volunteers at PROP for more that four years, they started a program to pick up surplus food
products from local markets and distribute them throughout the community where they were
greatly needed. At PROP, Mary Jane and Basil take it upon themselves to help in whatever way
is needed.
The Wissners also volunteer at Edendale, a residence for senior citizens in Eden Prairie. There,
the couple helps frail elderly people maintain independence by assisting them with riding on the
shopping bus. As Eden Prairie’s only low-income rental community for seniors, Edendale relies
on dedicated volunteers like the Wissners to bring the tangible benefits of our city’s wealth to
our residents. Because of their efforts, they have helped many of the residents of Edendale to
live independent lives and successfully age in place.
C:\RDCab\PL\Temp\Cover - Human Rights Awards.doc
Individual Recipient, Cont.
Ali Turner
Ali Turner is the Senior Youth Services Librarian with the Hennepin County Library Eden
Prairie Branch. Ali has worked in outreach for youth and immigrant programs and has helped to
bring about a greater understanding of the services and resources the library has to offer which
has proven to be very beneficial to teens, families and other service providers in Eden Prairie.
She was instrumental is helping Somali teens acquire media skills and produce a DVD
highlighting their experiences as immigrant high school students in this community.
Ali works in a truly collaborative spirit with staff from the School District, the City of Eden
Prairie, social services providers and others to make the library a welcoming place for all to
enjoy. She has organized events such as a sewing circle, Somali Independence Day and a
homework help program that helps to enrich the lives of Eden Prairie residents, both immigrant
and non-immigrant. Ali brings a sense of fun and energy to all the projects she works on, and in
so doing, she makes Eden Prairie a better place to live.
2007 Business Recipient
Thunder Communications Design
Jody Russell, owner of Thunder Communications Design, designs websites for grass roots
organizations in Eden Prairie. The non-profits that are the heartbeat of Eden Prairie families,
such as the PROP Shop, ABC Foundation, and the Foundation for Eden Prairie Schools, all owe
their website design and maintenance to Jody Russell.
Jody stays involved with the non-profit organizations event after their website in up and running.
She puts her extensive communications skills to work to make sure organizations are accessible
and reach their base.
The websites that Jody selects to work on have one thing in common; they help people – all
people, regardless of religious affiliation, race, ethnic heritage, gender, age, sexual orientation,
physical or mental ability or economic status.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, MAY 6, 2008 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
I. ROLL CALL / CALL THE MEETING TO ORDER
Mayor Young called the meeting to order at 7:00 PM.
II. COLOR GUARD / PLEDGE OF ALLEGIANCE
Mayor Young thanked Boy Scout Troop 342 from United Methodist Church for presenting
the colors.
III. OPEN PODIUM INVITATION
IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Neal added Item XIV.B.1. Request for Art Center Update. Young added Item XIV.A.1.
Discuss Council’s Review of City Manager’s Performance.
MOTION: Duckstad moved, seconded by Aho, to approve the agenda as amended.
Motion carried 5-0.
V. PROCLAMATIONS / PRESENTATIONS
A. SENIOR AWARENESS MONTH PROCLAMATION
Sharon Steiner, Chair of the Senior Advisory Council, reviewed the activities
planned for Senior Awareness month.
Mayor Young read a proclamation proclaiming May 2008 to be Senior Awareness
Month.
B. SESQUICENTENNIAL PROCLAMATION
Betsy Adams, Chair of the Heritage Preservation Commission, reviewed the plans
for the City’s continuing sesquicentennial celebrations.
Mayor Young read a proclamation proclaiming May 11, 2008 as Eden Prairie
Heritage Day.
ITEM NO.: VI.A.
CITY COUNCIL MINUTES
May 6, 2008
Page 2
C. CAMP EDEN WOOD MASTER PLAN
Lotthammer said at the June 19, 2007 meeting the City Council authorized staff to
prepare and submit a public project to the State for consideration for inclusion in
the 2008 State Bonding Bill and to authorize a consulting agreement with Brauer &
Associates to assist in the preparation of the submission document. Since that time,
staff and consultants have met with many groups and organizations and have
developed a nearly complete master plan. He said the bonding request for 2008 was
not funded but we received encouraging feedback for future submission, possibly
in the 2010 request.
Lotthammer listed the organizations that provided input into the current master
plan: Minnesota Historical Society, Eden Prairie Lions Club, Friends of Birch
Island Woods, Friendship Ventures Board and staff, State of Minnesota Legislative
Committee, three Eden Prairie advisory commissions and the City Council. He
noted George Watson of Brauer and Associates and Chuck Liddy of Miller
Dunwiddie attended all of the meetings and are present tonight. He said the many
meetings allowed them to learn a lot more about some of the things to be mindful
of as we move forward with renovation and new construction. He reviewed some
of the challenges that will be faced as the project moves forward.
George Watson of Brauer and Associates said there are ten major program
elements. He reviewed several of the major program elements including expansion
of the year-round housing, financing, remodeling of the old dining hall, restoration
of the historic site and updating of the health center. He noted the site itself is
challenging, especially the entry to the site. There is a need for better access and
additional parking spaces, a better storm water treatment, augmentation of the
maple/oak/basswood forestation, removal of invasive species in some areas,
replacement of three buildings that are not compatible with the historic buildings,
trails through the camp and the wetland, and a gated access to the wetland trail
from the camp.
Chuck Liddy of Miller Dunwiddie Architecture said he consulted on the buildings
and the historic district. He noted they were able to use an early site plan for the
area and also had aerial photos from the 1930’s. They had good meetings with the
people from the State Historical Society. He said the Historical Society provided a
grant for re-roofing several years ago, and the Friendship Venture group got a grant
from the Historical Society to do restoration of the dormitory which means the
Historical Society will review progress at the facility in the near future. He showed
examples of what the new buildings might look like, noting they would be kept in
character with the existing historic buildings and have a design that would have
similar roof slopes, overhangs, and window patterns.
MOTION: Aho moved, seconded by Butcher, to accept the Camp Eden Wood
Master Plan and to direct staff to continue to assist Friendship Ventures with the
coordination of improvements and solicit state bond funds on behalf of the project.
Motion carried 5-0.
CITY COUNCIL MINUTES
May 6, 2008
Page 3
D. VETERANS MEMORIAL SCULPTURES
Lotthammer said the process for approving the Veterans Memorial called for
review of the sculptures by the Arts and Culture Commission and the Parks,
Recreation and Natural Resources Commission before coming to the City Council
for approval. He said both commissions approved the sculpture. The Parks
Commission expressed some concern about how women were represented in the
proposed sculpture and whether the sculpture would apply to all branches of the
service. The Veterans Memorial Task Force members addressed those concerns
satisfactorily, and the Parks Commission recommended approval. He noted the
Arts and Culture Commission was shown the granite globe sculpture, but there has
been a revision since that commission reviewed it to make the sculpture a brass
structure that is also a globe and signifies world peace. He said the brass piece was
substituted because it will be more cost effective in light of the weight of the
granite sculpture and the unstable soils at the site. He said they are ready to move
forward with the final phase of design and to engage some of the artists who will
construct the sculptures.
Nelson asked if the brass sculptures will also be placed in a fountain setting like the
original granite one was. John Mallo, Veterans Memorial Task Force, said they just
decided on Sunday to go with the bronze globe, and the committee has yet to meet
with the artists to discuss the sculpture. Nelson said she liked the concept of the
water and she encouraged keeping that concept.
Young said he really liked the original concept of the granite globes. However, he
noted the Task Force has done an incredible amount of work over the last year in
getting the plans and raising dollars so he thought this should be a decision of the
committee and the Council should respect that decision.
Aho noted it was a big challenge to raise the money necessary to put together a nice
memorial display like this.
MOTION: Duckstad moved, seconded by Nelson, to approve the sculptures as
presented by the Veterans Memorial Fundraising Committee for inclusion in the
Veterans Memorial at Purgatory Creek Park. Motion carried 5-0.
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, APRIL 15, 2008
MOTION: Butcher moved, seconded by Aho, to approve the minutes of the
Council Workshop held Tuesday, April 15, 2008, as published. Motion carried 5-
0.
B. CITY COUNCIL MEETING HELD TUESDAY, APRIL 15, 2008
MOTION: Aho moved, seconded by Duckstad, to approve the minutes of the
Council Workshop held Tuesday, April 15, 2008, as published. Motion carried 5-
0.
CITY COUNCIL MINUTES
May 6, 2008
Page 4
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK’S LICENSE LIST
B. APPROVE LEASE AGREEMENT WITH FLAGSHIP BANK FOR ATM AT
THE COMMUNITY CENTER
C. ACCEPT BASE BID AND ALTERNATES G1, G2 AND G3 FROM
NORTHWEST ASPHALT INC. FOR OVERLAY OF CITY CENTER AND
FIRE STATION PARKING LOTS
D. ADOPT RESOLUTION NO. 2008-50 DECLARING ABANDONED
PROPERTY
E. APPROVE COMMUNITY CENTER CATERING SERVICE
AGREEMENTS
F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH CLUTS
OBRIEN, STROTHER ARCHITECTS FOR ARCHITECTURAL
REMODELING SERVICES FOR THE ART CENTER
G. APPROVE PROPOSAL FOR IMPLEMENTATION OF ROUND LAKE
WATER QUALITY IMPROVEMENT PROJECT AND WATER QUALITY
MONITORING FOR DUCK LAKE, RED ROCK LAKE AND STARING
LAKE BY BLUE WATER SCIENCE, I.C. 02-5581
H. AWARD CONTRACT FOR SCENIC HEIGHTS WATERMAIN
IMPROVEMENTS, I.C. 075704
I. ADOPT RESOLUTION NO. 2008-51 APPROVING PLANS AND
SPECIFICATIONS AND ORDER ADVERTISEMENT FOR BIDS FOR
RECONSTRUCTION OF FLYING CLOUD DRIVE, I.C. 07-5708
J. APPROVE PLANS AND SPECIFICATIONS AND ORDER
ADVERTISEMENT FOR BIDS FOR STABILIZATION OF PURGATORY
CREEK, I.C. 07-5698
K. AWARD CONTRACT TO TRAUT WELLS FOR THE CONSTRUCTION
OF MUNICIPAL WELL NO. 16
L. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF
CONSULTING GROUP FOR TH 212/SHADY OAK ROAD
INTERCHANGE CONCEPT STUDY, I.C. 08-5728
M. AWARD CONTRACT TO ODESSA II FOR EDENBROOK NATURE TRAIL &
BOARD WALK PROJECT – PHASE II
CITY COUNCIL MINUTES
May 6, 2008
Page 5
N. AWARD CONTRACT FOR 2008 BITUMINOUS OVERLAYS TO
MIDWEST ASPHALT, I.C. 08-5723
O. AWARD CONTRACT FOR 2008 SEAL COATING TO ALLIED
BLACKTOP COMPANY, I.C. 08-5723
MOTION: Duckstad moved, seconded by Aho, to approve Items A-O on the
Consent Calendar. Motion carried 5-0.
IX. PUBLIC HEARINGS / MEETINGS
A. KONA GRILL Request for: Planned Unit Development Concept Amendment on
4.44 acres, Planned Unit Development District Review with waivers on 4.44 acres,
Zoning District Amendment within the Commercial Regional Service District on
4.44 acres and Site Plan Review on 4.44. Location: West of Flying Cloud Drive,
north of Regional Center Road. (Resolution No. 2008-52 for PUD Concept Review,
Ordinance for PUD District Review and Zoning District Amendment)
Neal said official notice of this public hearing was published in the April 24, 2008,
Eden Prairie News and sent to 21 property owners. This project is for an 8,700
square foot Kona Grill restaurant as part of the Windsor Plaza mixed use project
currently under construction. Windsor Plaza included two end cap restaurants.
These restaurants were conceptual in design. Kona Grill will be constructing one
of the end cap restaurants requiring a site plan review and PUD waivers.
Neal said because the outside patio area is now part of the building, two waivers
will be required through the PUD:
1. Front yard building setback from 35 feet to 24 feet along Flying
Cloud Drive.
A similar front yard setback waiver was granted to the Windsor Plaza
five-story portion of the building.
2. Floor Area Ratio (FAR) for the overall Windsor Plaza building
from 0.69 to 0.70.
City Code maximum is 0.40. The FAR is consistent with what was
anticipated for this portion of the Town Center.
Neal said the project is consistent with the MCA Study and Planning Principles for
the Town Center. The plans have been revised by Kona Grill to add natural stone
columns between the patio windows to align with Windsor Plaza’s cast stone piers
and wall. The 120-Day Review Period expires on July 24, 2008. The Planning
Commission voted 8-0 to recommend approval of the project at its April 14, 2008
meeting.
Jeremiah noted the enclosed patio area has large glass windows that can be raised
to provide an open air atmosphere during nice weather. She said representatives of
Kona Grill were present tonight and available for questions.
There were no comments from the audience.
CITY COUNCIL MINUTES
May 6, 2008
Page 6
MOTION: Butcher moved, seconded by Aho, to close the Public Hearing; to
adopt Resolution No. 2008-52 for Planned Unit Development Concept Amendment
on 4.44 acres; to approve 1st Reading of the Ordinance for Planned Unit
Development District Review with waivers, and Zoning District Amendment
within the Commercial Regional Service District on 4.44 acres; and to direct staff
to prepare a Development Agreement incorporating staff and commission
recommendations and Council conditions. Motion carried 5-0.
B. VACATION OF DRAINAGE AND UTILITY EASEMENTS OVER LOT 1,
BLOCK 1, AND OUTLOT C, COLUMBINE ROAD ADDITION,
VACATION 08-02 (RESOLUTION NO. 2008-53)
Neal said official notice of this public hearing was published in the April 17, 2008,
Eden Prairie News and sent to 27 property owners. The property owners have
requested the vacation of all the drainage and utility easements to facilitate
replatting of the lots to Castle Ridge 2nd Addition. The drainage and utility
easements were originally dedicated with the Columbine Road Addition plat. New
drainage and utility easements have been dedicated with the Castle Ridge 2nd
Addition project. He noted this is a housekeeping matter.
There were no comments from the audience.
MOTION: Duckstad moved, seconded by Nelson, to close the public hearing and
to adopt Resolution No. 2008-53 vacating all of the drainage and utility easements
lying over, under and across Lot 1, Block 1, and Outlot C, Columbine Road
Addition, according to the recorded plat thereof, Hennepin County, Minnesota.
Motion carried 5-0.
X. PAYMENT OF CLAIMS
MOTION: Butcher moved, seconded by Duckstad, to approve the Payment of Claims as
submitted. The motion was approved on a roll call vote, with Aho, Butcher, Duckstad,
Nelson and Young voting “aye.”
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCILMEMBERS
1. Discuss Council’s Review of City Manager’s Performance
Young said the Council met in closed session this evening to consider the
annual performance review of the City Manager. He said it was a two-part
review process and was coordinated by Harry Bruhl of Personnel Decisions.
CITY COUNCIL MINUTES
May 6, 2008
Page 7
He noted Mr. Neal received very high marks for his performance during the
last 12 months. Mr. Neal’s contract provides for a performance bonus in an
amount not to exceed 3.5% of his salary. They are also recommending an
increase of 2% in his base salary.
MOTION: Butcher moved, seconded by Nelson, to approve the City
Manager’s performance payment in the amount of 3.5% of salary and the
increase in the base salary of 2%.
Duckstad said he had an opportunity to participate in the review, and he
believes our City Manager continues to do a good job. He was also in favor
of a pay increase, but not at the level that is advanced at this time. He
thought at the present time the economy is such that many feel we are going
into a recession and that is a factor that should be considered when we
consider raises for public employees. We also have a sagging real estate
market which has a consequential effect on real estate valuations which are
the basis for our City taxes. The cost of living is skyrocketing, and he
thought this is a bad time to give the level of raise that is proposed. He said
on this basis he will vote against the motion, noting his vote does not
indicate that he does not recognize the good job the City Manager has done
but rather takes into account the economy and other items.
Young said it was very important that people clearly understand the two
very different percentages involved. The Council is not increasing Mr.
Neal’s salary by 5.5%. The City Council negotiated Mr. Neal’s contract six
years ago and intentionally put a performance component in it so that he
could receive a performance award of up to 3.5% if he met his goals for the
year. His base salary would be higher if we did not have that performance
pay. He said he very much likes the fact there is a performance component
to the compensation. He noted the only real increase is the 2% base salary
increase.
Butcher said Mr. Neal’s performance as City Manager is exceptional and
that came out in the comments from Council Members, staff and those who
come in contact with him. She thought the increase is exceedingly well
deserved, and it is not an enormous amount of money. She said Eden
Prairie’s salary for the City Manager is commensurate with our peer cities.
Minnesota generally has a much lower pay scale altogether for city
managers than do other states, which sometimes makes it difficult to attract
high performing city managers to the state. She thought Mr. Neal’s
performance is exceptional and is a great model for city managers in the
area. She thanked Mr. Neal for his service.
Nelson said she also thought we need to look at what is the performance
increase and what is the salary increase. She noted the overwhelming
response from staff and community members about Mr. Neal’s
communication skills. She thought the 2% increase in pay is very
appropriate in this kind of economy.
CITY COUNCIL MINUTES
May 6, 2008
Page 8
VOTE ON THE MOTION: Motion carried 4-0-1, with Duckstad
opposed.
B. REPORT OF CITY MANAGER
1. Request for Art Center Update
Neal said Council Member Duckstad has asked to schedule an update on the
Art Center to cover the timeline for improvements that were presented at
the last meeting, their fund raising plans, and the programs proposed at the
center. Mr. Lotthammer and his staff will have this ready for the June 3rd
City Council meeting.
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
1. Recreation Cost Recovery
Lotthammer said one of the recommendations of the Budget Advisory
Commission (BAC) in 2007 was to have staff familiarize the City Council
with the Recreation Programming Cost Recovery Policy that was originated
in 1995. He said the cost recovery has been measured by determining the
expenses for the program and the revenue from fees and then calculating the
percentage of revenue to expenses. There are goals established depending
on the categories of programs. Some things have changed in the 74 separate
program areas we measure, and 12 of the 74 need to be changed. The 12
changes proposed are reflective of what has been happening over time. He
noted staff looked 12-13 years back to see trends. Of the twelve to be
changed, five should have a lower cost recovery and seven should have a
higher cost recovery. He said the changes proposed would allow us to hit all
of the numbers for 2008-2009 and reflects what we have been doing for the
past 12 years. He said staff is looking for City Council affirmation of the
changes tonight.
Nelson said in the past we have just done one fee for all the classes with no
difference in fees for residents versus nonresidents. She asked if staff has
considered going to a slightly higher nonresident fee as a consideration to
try to increase the percentages in order to compensate for the fact that the
City has some funds involved for some of the programs.
Lori Obiazer, Recreation Services Manager, said they conducted research
with other cities to see the trends. She noted they have not charged a fee for
nonresidents since there has been on-line registration due to the costs of
administering different levels of fees. They looked at other communities to
see if they charged different resident and nonresident fees, and the majority
of communities do not. She said they try to offer the classes to residents but
it can be beneficial to have nonresidents fill empty slots.
CITY COUNCIL MINUTES
May 6, 2008
Page 9
Nelson asked if there is any instance where a class is oversubscribed and
residents can’t get in because of over-registration of both residents and
nonresidents. Obiazer said that used to be true but has not been the case
recently. She said they can expand the class size or add another session if
necessary so they have not seen that as a significant problem. Neal asked
Council Members to let staff know if they hear of such circumstances.
Aho noted that might be an issue in the new Art Center because of limited
space and class size, and he thought they might want to factor that into
those discussions. Obiazer said they would most likely have Art Center
member rates like Edina and Bloomington do. They would expect a 120%
cost recovery at the Art Center, so the classes there will cover 100% of the
cost plus 20% for administration costs.
Lotthammer noted going from a 50% to a 75% cost recovery might not
necessarily cause a fee increase because we have already been getting that
cost recovery at the current rate for many of the programs. He noted there
are also some programs that had fee increases because of 2008-2009 budget
constraints.
MOTION: Aho moved, seconded by Butcher, to accept proposed
adjustments to the cost recovery goals for various recreation programs as
proposed. Motion carried 5-0.
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
MOTION: Butcher moved, seconded by Aho, to adjourn the meeting. Motion carried 5-
0. Mayor Young adjourned the meeting at 8:10 PM.
- 1 -
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
May 20, 2008
DEPARTMENT/DIVISION:
Christy Weigel,
Police/ Support Unit
ITEM DESCRIPTION:
Clerk’s License Application List
ITEM NO.: VIII.A.
These licenses have been approved by the department heads responsible for the licensed activity.
Amendment to Liquor License
2AM Closing Permit - Renewal
Eden Prairie Jakes Inc.
DBA: Jake’s City Grille
CITY COUNCIL AGENDA
SECTION: Consent Agenda
DATE: May 20, 2008
DEPARTMENT/DIVISION:
Community Development/Planning
Janet Jeremiah
ITEM DESCRIPTION:
Eden Prairie Marketplace Retail
ITEM NO.: VIII.B.
Requested Action
Move to:
• Approve 2nd Reading of the Ordinance for PUD District Review on 1.25 acres, Zoning District
Change from Rural to Commercial Regional Service on 1.25 acres; and
• Adopt the Resolution for Site Plan Review on 1.25 acres; and
• Approve the Development Agreement for Eden Prairie Marketplace Retail; and
• Approve and Authorize Issuance of a Grading Permit for Eden Prairie Marketplace
Retail subject to release by the City Engineer upon determination that the final
contract documents conform to plans stamp dated April 7, 2008, as approved by the
City Council.
Synopsis
This is final approval of the plans and development agreement for a 10,528 square foot retail
building.
Background Information
The 120-Day Review Period Expires on July 7, 2008.
Attachments
1. Ordinance for PUD District Review
2. Summary Ordinance
3. Resolution –Site Plan Review
4. Development Agreement
EDEN PRAIRIE MARKETPLACE RETAIL
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 13-2008-PUD-6-2008
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING
CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,
AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND,
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance (hereinafter, the
“land”) is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be removed from the
Rural Zoning District and be placed in the Commercial Regional Service Zoning District 13-
2008-PUD-6-2008 (hereinafter "PUD-6-2008-C-REG”).
Section 3. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of May 20, 2008, entered into between Eden Prairie
Marketplace, LLC, and the City of Eden Prairie, (hereinafter “Development Agreement”). The
Development Agreement contains the terms and conditions of PUD-6-2008-C-REG, and are
hereby made a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD-6-2008-C-REG is not in conflict with the goals of the Comprehensive Guide
Plan of the City.
B. PUD-6-2008-C-REG is designed in such a manner to form a desirable and unified
environment within its own boundaries.
C. The exceptions to the standard requirements of Chapters 11 and 12 of the City
Code that are contained in PUD-6-2008-C-REG are justified by the design of the
development described therein.
D. PUD-6-2008-C-REG is of sufficient size, composition, and arrangement that its
construction, marketing, and operation are feasible as a complete unit without
dependence upon any subsequent unit.
Section 5. The proposal is hereby adopted and the land shall be, and hereby is
removed from the Rural Zoning District, and placed in the Commercial Regional Service Zoning
District and shall be included hereafter in the Planned Unit Development PUD-6-2008-C-REG
and the legal descriptions of land in each district referred to in City Code Section 11.03,
subdivision 1, subparagraph B, shall be and are amended accordingly.
Section 6. City Code Chapter 1 entitled “General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled
“Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated
verbatim herein.
Section 7. This Ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
15th day of April, 2008, and finally read and adopted and ordered published in summary form as
attached hereto at a regular meeting of the City Council of said City on the 20th day of May,
2008.
ATTEST:
__________________________________ ___________________________________
Kathleen Porta, City Clerk Phil Young, Mayor
PUBLISHED in the Eden Prairie Sun Current on__________________, 2008.
EXHIBIT A
Legal Description – Eden Prairie Marketplace
Lot 1, Block 2, Minnesota Tree Fourth Addition, Hennepin County, Minnesota
EDEN PRAIRIE MARKETPLACE RETAIL
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF
ORDINANCE NO. 13-2008-PUD-6-2008
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING
CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,
AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary: This ordinance allows rezoning of land located at Valley View Road and
Prairie Center Drive, from Rural to Commercial Regional Service Zoning District. Exhibit A,
included with this Ordinance, gives the full legal description of this property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
_____________________________ _____________________________
Kathleen Porta, City Clerk Phil Young, Mayor
PUBLISHED in the Eden Prairie Sun Current on__________________, 2008.
(A full copy of the text of this Ordinance is available from City Clerk.)
EDEN PRAIRIE MARKETPLACE RETAIL
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2008-____
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR EDEN PRAIRIE MARKETPLACE RETAIL
BY EDEN PRAIRIE MARKETPLACE, LLC
WHEREAS, Eden Prairie Marketplace, LLC, has applied for Site Plan approval of Eden
Prairie Marketplace Retail to construct a 10,528 square foot one story retail building, by an
Ordinance approved by the City Council on April 15, 2008; and
WHEREAS, the Planning Commission reviewed said application at a public hearing at
its March 24, 2008 meeting and recommended approval of said site plans; and
WHEREAS, the City Council has reviewed said application at a public hearing at its
April 15, 2008 meeting.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Eden Prairie
Marketplace Retail based on the Development Agreement between Eden Prairie Marketplace,
LLC and the City of Eden Prairie, reviewed and approved by the City Council on April 15, 2008.
ADOPTED by the City Council of the City of Eden Prairie this 20th day of May, 2008.
_______________________
Phil Young, Mayor
ATTEST:
________________________
Kathleen Porta, City Clerk
DEVELOPMENT AGREEMENT
EDEN PRAIRIE MARKETPLACE RETAIL
THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into as of May 20,
2008, by Eden Prairie Marketplace, LLC, a Limited Liability Company , hereinafter referred to as
"Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal
corporation, hereinafter referred to as "City”:
WITNESSETH:
WHEREAS, Developer has applied to City for Planned Unit Development Concept Review
on 1.25 acres, Planned Unit Development District Review with waivers on1.25 acres, Zoning
District Change from Rural to Commercial Regional Service Zoning District on1.25 acres, Site Plan
Review on 1.25 acres, legally described on Exhibit A (the “Property”);
NOW, THEREFORE, in consideration of the City adopting Resolution No. __________ for
Planned Unit Development Concept Review, Ordinance No. __________ for Planned Unit
Development District Review and Zoning District Change from Rural to Commercial Regional
Service on 1.25 acres, Resolution No. ____________ for Site Plan Review, Developer agrees to
construct, develop and maintain the Property as follows:
1. PLANS: Developer shall develop the Property in conformance with the materials revised
and stamp dated April 7, 2008, reviewed and approved by the City Council on April 15,
2008, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and
modifications as provided herein.
2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set
forth in Exhibit C.
3. CROSS ACCESS AND MAINTENANCE AGREEMENT: Prior to execution of this
Agreement by the City , Developer shall provide a Cross Access Easement and Maintenance
Agreement over the private driveways located within the Property that provides cross access
to Lot 1, Block 1 Minnesota Tree 2nd Addition, Lot 1, Block 1 Prairie Wash Addition, Lots 1
and 2, Block 1 Minnesota Tree 3rd Addition and Lot 1, Block 1 Prairie View 2nd Addition,
adjacent to the Property. The form of the Agreement must be approved in writing by the
City Engineer. This Agreement shall address joint vehicle access and maintenance over the
private driveway. All of these facilities shall be privately owned and maintained by the
Developer or Owner. After approval by the City, Developer shall file the Cross Access
Easement and Maintenance Agreement contemporaneous with the filing of this Agreement
with the Hennepin County Recorder/Registrar of Title as appropriate prior to recording of
any document affecting the property including but not limited to any mortgage granted by
the Developer or owners, their successors and/or assigns.
Prior to the issuance of the first building permit for the Property, Developer shall submit to
the City Engineer proof that the Cross Access Easement, Private Utility and Maintenance
Agreement have been recorded in the Hennepin County Recorder's Office/Registrar of Titles'
Office.
4. DEVELOPER’S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a
violation of City Code relating to use of the Land construction thereon or failure to fulfill an
obligation imposed upon the Developer pursuant to this Agreement, City shall give 24 hour
notice of such violation in order to allow a cure of such violation, provided however, City
need not issue a building or occupancy permit for construction or occupancy on the Land
while such a violation is continuing, unless waived by City.
The existence of a violation of City Code or the failure to perform or fulfill an obligation
required by this Agreement shall be determined solely and conclusively by the City Manager
of the City or a designee.
5. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall
release, defend and indemnify City, its elected and appointed officials, employees and agents
from and against any and all claims, demands, lawsuits, complaints, loss, costs (including
attorneys’ fees), damages and injunctions relating to any acts, failures to act, errors,
omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers
and agents. Developer shall not be released from its responsibilities to release, defend and
indemnify because of any inspection, review or approval by City.
6. EXTERIOR MATERIALS: Prior to building permit issuance, Developer shall submit to
the City Planner, and receive the City Planner's written approval of a plan depicting exterior
materials and colors to be used on the buildings on the Property.
Prior to issuance of any occupancy permit for the Property, Developer shall complete
implementation of the approved exterior materials and colors plan in accordance with the
terms and conditions of Exhibit C, attached hereto.
7. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION
PLANS:
A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading
and drainage plan contained in the Plans is conceptual. Prior to the release of a land
alteration permit for the Property, Developer shall submit and obtain the City
Engineer's written approval of a final grading and drainage plan for the Property.
The final grading and drainage plan shall include all wetland information, including
wetland boundaries, wetland buffer strips and wetland buffer monument locations;
all Stormwater Facilities, such as water quality ponding areas, stormwater detention
areas, and stormwater infiltration systems; and any other items required by the
application for and release of a land alteration permit. All design calculations for
storm water quality and quantity together with a drainage area map shall be
submitted with the final grading and drainage plan. Prior to release of the grading
bond, Developer shall certify to the City that the Stormwater Facilities conform to
the final grading plan and that the Stormwater Facilities are functioning in
accordance with the approved plans.
Developer shall employ the design professional who prepared the final grading plan.
The design professional shall monitor construction for conformance to the approved
final grading plan and Stormwater Pollution Prevention Plan (SWPPP). The design
professional shall provide a final report to the City certifying completion of the
grading in conformance the approved final grading plan and SWPPP. In addition,
the design professional retained by the Developer to perform the monitoring of the
Project shall be responsible for all monitoring, data entry and reporting to the
PermiTrack ESC web-based erosion and sediment permit tracking program utilized
by the City.
B. STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities,
including detention basins, retention basins or Stormwater Infiltration Systems (such
as rainwater gardens, vegetated swales, infiltration basins, vegetated filters, filter
strips, curbless parking lot islands, parking lot islands with curb-cuts, traffic islands,
tree box filters, bioretention systems or infiltration trenches) shall be maintained by
the Developer during construction and for a minimum of two (2) full growing
seasons after completion of the development to ensure that soil compaction, erosion,
clogging, vegetation loss and channelization of flow are not occurring, and thereafter
by the Owner of the Property. A Planting Plan for the Stormwater Facilities must be
submitted prior to release of the first building permit for the Development
Developer shall employ the design professional who prepared the final grading plan
to monitor construction of the Stormwater Facilities for conformance to the
Minnesota Pollution Control Agency publication entitled “State of Minnesota Storm
water Manual” dated November 2005, the approved final grading plan and the
requirements listed herein.
All Stormwater Infiltration Systems shall be delineated with erosion control fencing
prior to construction. The Stormwater Infiltration Systems shall be installed using
low-impact earth moving equipment. No equipment, vehicles, supplies or other
materials shall be allowed in the areas designated for stormwater infiltration during
construction. Pervious surfaces shall be stabilized with seed and mulch or sod and
all impervious surfaces must be completed prior to final grading and planting of the
Stormwater Infiltration Systems.
All Stormwater Facilities shall be kept free of debris, litter, invasive plants and
sediment. Sediment, debris, litter or vegetation removal in Stormwater Infiltration
Systems shall be by hand or with a flat-bottomed shovel or rake during dry periods.
Only enough sediment shall be removed as needed to restore hydraulic capacity,
leaving as much of the vegetation in place as possible. Any damaged turf or
vegetation shall be reseeded or replaced.
After the two year period of Developer maintenance, the Owner of the Property shall
be responsible for maintenance of the Stormwater Facilities. This shall include
debris and litter removal, removal of noxious and invasive plants, removal of dead
and diseased plants, re-mulching of void areas, replanting or reseeding areas where
dead or diseased plants were removed and removal of sediment build-up. Sediment
build-up in Stormwater Infiltration Systems shall be removed by hand.
C. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to
issuance of a land alteration permit, Developer shall submit to the City Engineer and
obtain City Engineer's written approval of Stormwater Pollution Prevention Plan
(SWPPP) for the Property. The SWPPP shall include all boundary erosion control
features, temporary stockpile locations, turf restoration procedures, concrete truck
washout areas and any other best management practices to be utilized within the
Project. Prior to release of the grading bond, Developer shall complete
implementation of the approved SWPPP.
8. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City
Planner's written approval of a plan for irrigation of the landscaped areas on the Property.
The irrigation plan shall be designed so that water is not directed on or over public trails and
sidewalks.
Developer shall complete implementation of the approved irrigation plan in accordance with
the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the
Property.
9. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to the
City Planner and receive the City Planner's written approval of a final landscape plan for the
Property depicting a total of 41 caliper inches. The approved landscape plan shall be
consistent with the quantity, type, and size of plant materials shown on the landscape plan on
the Plans. Developer shall furnish to the City Planner and receive the City Planner's written
approval of a security in the form of a bond, cash escrow, or letter of credit, equal to 150%
of the cost of said improvements as required by City Code.
Prior to issuance of any occupancy permit for the Property, Developer shall complete
implementation of the approved landscape plan in accordance with the terms and conditions
of Exhibit C.
10. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City
Planner, and receive the City Planner's written approval of a plan for screening of
mechanical equipment on the Property. For purposes of this paragraph, "mechanical
equipment" includes gas meters, electrical conduit, water meters, and standard heating,
ventilating, and air-conditioning units. Security to guarantee construction of said screening
shall be included with that provided for landscaping on the Property, in accordance with City
Code requirements. Developer shall complete implementation of the approved plan prior to
issuance of any occupancy permit for the Property.
If, after completion of construction of the mechanical equipment screening, it is determined
by the City Planner, in his or her sole discretion, that the constructed screening does not meet
the Code requirements to screen mechanical equipment from public streets and differing,
adjacent land uses, then the City Planner shall notify Developer and Developer shall take
corrective action to reconstruct the mechanical equipment screening in order to cure the
deficiencies identified by the City Planner. Developer agrees that the City will not release
the security provided until Developer completes all such corrective measures.
11. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code
requirements within the Commercial Regional Service Zoning District through the Planned
Unit Development District Review for the Property and incorporates said waivers as part of
PUD (list PUD number):
A. Front yard parking setback waiver to 11.58 feet. City Code requires 17.5 feet.
12. RETAINING WALLS: Prior to issuance by the City of any permit for grading or
construction on the Property, Developer shall submit to the Chief Building Official, and
obtain the Chief Building Official's written approval of detailed plans for the retaining walls
identified on the grading plan in the Plans.
These plans shall include details with respect to the height, type of materials, and method of
construction to be used for the retaining walls.
Developer shall complete implementation of the approved retaining wall plan in accordance
with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any
occupancy permit for the Property.
13. ROADWAY EASEMENTS: Prior to the execution of this Agreement by the City ,
Developer shall deliver in a recordable form for review and approval by the City Engineer,
an easement for right-of-way and utility purposes easements in the form attached as Exhibits
D, in the following locations to accommodate future right-of-way improvements:
A 5-foot wide easement parallel to Valley View Drive for the full length of the
Property as depicted in the Plans.
The roadway easement shall be recorded by Developer contemporaneous with the filing of
this Agreement. Developer shall file this roadway easement with the Hennepin County
Recorder/Registrar of Title as appropriate and prior to recording of any document affecting
the Property including but not limited to any mortgage granted by the Developer or owners,
their successors and/or assigns. Immediately after recording of the road easements
Developer shall submit to the City Engineer proof that the roadway easement has been
recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office. No building
permit shall be issued until proof of filing of the road easement in accordance with the terms
of this Agreement has been furnished to the City.
14. SHARED DRIVEWAY: Developer shall deliver in a recordable form for review and
approval by the City Engineer a reciprocal, joint access and maintenance agreement for the
shared driveway between the Property and Lot 1, Block 1 Prairie View 2nd Addition. The
joint access and maintenance agreement shall be recorded by Developer contemporaneous
with the filing of this Agreement. Developer shall file this joint access and maintenance
agreement with the Hennepin County Recorder/Registrar of Title as appropriate and prior to
recording of any document affecting the Property including but not limited to any mortgage
granted by the Developer or owners, their successors and/or assigns. Immediately after
recording of the joint access and maintenance agreement Developer shall submit to the City
Engineer proof that the joint access and maintenance agreement has been recorded in the
Hennepin County Recorder's Office/Registrar of Titles' Office. No building permit shall be
issued until proof of filing of the joint access and maintenance agreement in accordance with
the terms of this Agreement has been furnished to the City. The Developer shall also be
required to coordinate the proposed changes to the shared driveway as depicted in the Plans
with the owner of Lot1, Block 1 Prairie View 2nd Addition.
15. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City
Code, Section 11.70, Developer shall file with the City Planner and receive the City
Planner's written approval of an application for a sign permit. The application shall include a
complete description of the sign and a sketch showing the size, location, the manner of
construction, and other such information as necessary to inform the City of the kind, size,
material construction, and location of any such sign, consistent with the sign plan shown on
the Plans and in accordance with the requirements of City Code, Section 11.70, Subdivision
5a.
16. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City
Planner and receive the City Planner's written approval of a plan for site lighting on the
Property. All pole lighting shall consist of downcast shoebox fixtures not to exceed 22 feet
in height. Developer shall complete implementation of the approved lighting plan prior to
issuance of any occupancy permit for the Property.
17. TRASH: Developer agrees that all trash, trash receptacles and recycling bins shall at all
times be located inside of the building enclosures depicted on the Plans.
18. TRASH ENCLOSURE: Developer has submitted to the City Planner, and obtained the
City Planner's written approval of a plan for the design and construction of the outside trash
enclosure for the Property. This trash enclosure shall be constructed with face brick to
match the building, include a roof, and heavy duty steel gates that completely screen the
interior of the enclosure. Developer shall complete implementation of the trash enclosure
plan prior to issuance of any occupancy permit for the Property.
19. TREE LOSS - TREE REPLACEMENT: There are 160 diameter inches of significant
trees on the Property. Tree loss related to development on the Property is calculated at 56
diameter inches. Tree replacement required is 40 caliper inches. Prior to the issuance of any
grading permit for the Property, Developer shall submit to the City Forester and receive the
City Forester's written approval of a tree replacement plan for 40 caliper inches.
This approved plan shall include replacement trees of a 3-inch diameter minimum size for a
shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also
provide that, should actual tree loss exceed that calculated herein, Developer shall provide
tree replacement on a caliper inch per caliper inch basis for such excess loss.
Prior to issuance of any grading permit for the Property, Developer shall furnish to the City
Planner and receive the City Planner's approval of a tree replacement bond equal to 150% of
the cost of said improvements as required by City Code.
Developer shall complete implementation of the approved tree replacement plan prior to
occupancy permit issuance.
IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be
executed as of the day and year aforesaid.
DEVELOPER CITY OF EDEN PRAIRIE
Eden Prairie Marketplace, LLC
By ___________________________________ By___________________________
Its ___________________________________ Phil Young
Its Mayor
By ___________________________________ By__ ________________________
Its ___________________________________ Scott H. Neal
Its City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 20th day of May, 2008, by Phil Young
and Scott H. Neal, respectively the Mayor and the City Manager of the City of Eden Prairie, a
Minnesota municipal corporation, on behalf of said corporation.
_______________________
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of ____________, 2008, by
, the , of Eden Prairie Marketplace, LLC, a Minnesota
Limited Liability Company, on behalf of the company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
EXHIBIT A
DEVELOPMENT AGREEMENT – EDEN PRAIRIE MARKETPLACE RETAIL
Legal Description:
Lot 2, Block 1, Minnesota Tree 4th Addition, Eden Prairie, County of Hennepin, State of Minnesota.
Abstract
EXHIBIT B
DEVELOPMENT AGREEMENT – EDEN PRAIRIE MARKETPLACE RETAIL
Cover sheet dated 02/15/08 by Mohagen Hansen
Sheet C-1, Site Survey dated 11/27/07 by Anderson Engineering of Minnesota, LLC
Sheet C-2, Grading & Erosion Control Plan, dated 02/15/08 by Paramount Engineering &
Design
Sheet C-3, Utility Plan, dated 02/15/08 by Paramount Engineering & Design
Sheet A1.0, Architectural Site Plan, dated 03/31/08, by Mohagen Hansen
Sheet A1.1, Landscape Plan, Notes & Details, dated 03/31/08, by Mohagen Hansen
Sheet A2.0, Floor Plan, dated 03/31/08, by Mohagen Hansen
Sheet A2.1, Roof Plan, dated 03/31/08, by Mohagen Hansen
Sheet A3.0, Exterior Elevations, dated 03/31/08, by Mohagen Hansen
Sheet E1.0, Photometric Lighting Plan, dated 03/31/08, by Mohagen Hansen
EXHIBIT C
DEVELOPMENT AGREEMENT – EDEN PRAIRIE MARKETPLACE RETAIL
I. Prior to release of any building permit, Developer shall submit to the City Engineer for
approval two copies of a development plan (1" =100' scale) showing existing and proposed
contours, proposed streets, and lot arrangements and size, minimum floor elevations on each
lot, preliminary alignment and grades for sanitary sewer, water main, and storm sewer, 100-
year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing
direction of storm water flow on all lots, location of walks, trails, and any property deeded to
the City.
II. Developer shall submit detailed construction and storm sewer plans to the Watershed District
for review and approval. Developer shall follow all rules and recommendations of said
Watershed District.
III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as
of the date of the issuance of each building permit for construction on the Property.
IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24)
months of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose
the City’s reconsideration and rescission of any Rezoning, Site Plan review and/or Guide
Plan review approved in connection with this Agreement, thus restoring the status of the
Property before the Development Agreement and all approvals listed above were approved.
V. Provisions of this Agreement shall be binding upon and enforceable against the Property and
the Owners, their successors and assigns of the Property.
VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the
City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to
identify the legal description of the Property after platting thereof.
VII. Developer represents that it has marketable fee title to the Property, except:
With respect to any interest in all portions of the Property which Developer is required,
pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"),
Developer represents and warrants as follows now and at the time of dedication or
conveyance:
A. That Developer has marketable fee title free and clear of all mortgages, liens, and
other encumbrances. Prior to final plat approval, Developer shall provide to the City
a current title insurance policy insuring such a condition of title.
B. That Developer has not used, employed, deposited, stored, disposed of, placed or
otherwise allowed to come in or on the Dedicated Property, any hazardous substance,
hazardous waste, pollutant, or contaminant, including, but not limited to, those
defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et.
seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as
"Hazardous Substances");
C. That Developer has not allowed any other person to use, employ, deposit, store,
dispose of, place or otherwise have, in or on the Property, any Hazardous Substances.
D. That no previous owner, operator or possessor of the Property deposited, stored,
disposed of, placed or otherwise allowed in or on the Property any hazardous
substances.
Developer agrees to indemnify, defend and hold harmless City, its successors and assigns,
against any and all loss, costs, damage and expense, including reasonable attorneys fees and
costs that the City incurs because of the breach of any of the above representations or
warranties and/or resulting from or due to the release or threatened release of Hazardous
Substances which were, or are claimed or alleged to have been, used, employed, deposited,
stored, disposed of, placed, or otherwise located or allowed to be located, in or on the
Dedicated Property by Developer, its employees, agents, contractors or representatives.
VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11,
Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City
ordinances affecting the development of the Property. Developer agrees to develop the
Property in accordance with the requirements of all applicable City Code requirements and
City Ordinances.
IX. Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years’
street lighting on the public streets adjacent to the Property (including installation costs, if
any, as determined by electrical power provider), engineering review, and street signs.
X. Developer shall submit detailed water main, fire protection, and emergency vehicle access
plans to the Fire Marshal for review and approval. Developer shall follow all the
recommendations of the Fire Marshal.
XI. Developer acknowledges that the rights of City performance of obligations of Developer
contemplated in this agreement are special, unique, and of an extraordinary character, and
that, in the event that Developer violates, or fails, or refuses to perform any covenant,
condition, or provision made herein, City may be without an adequate remedy at law.
Developer agrees, therefore, that in the event Developer violates, fails, or refuses to perform
any covenant, condition, or provision made herein, City may, at its option, institute and
prosecute an action to specifically enforce such covenant, withhold building permits or
rescind or revoke any approvals granted by the City. No remedy conferred in this agreement
is intended to be exclusive and each shall be cumulative and shall be in addition to every
other remedy. The election of anyone or more remedies shall not constitute a waiver of any
other remedy.
XII. Developer shall, prior to the commencement of any improvements, provide written notice to
Comcast of the development contemplated by this Development Agreement. Notice shall be
sent to Comcast Cable, 9705 Data Park, Minnetonka, Minnesota 55343.
XIII. Prior to building permit issuance, all fees associated with the building permit shall be paid to
the Inspections Department, including; Building permit fee, plan check fee, State surcharge,
metro system access charge (SAC), City SAC and City water access charge (WAC), and
park dedication. Contact Metropolitan Waste Control to determine the number of SAC units.
XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans,
existing structures, wells and septic systems (if present) shall be properly abandoned or
removed as required by City ordinance and all permits obtained through the Inspections
Department.
XV. Prior to building permit issuance, provide two copies of an approved survey or site plan (1"
= 200 scale) showing proposed building location and all proposed streets, with approved
street names, lot arrangements and property lines.
XVI. The City shall not issue any building permit for the construction of any building, structure,
or improvement on the Property until all requirements listed in this Exhibit C have been
satisfactorily addressed by Developer.
XVII. No failure of the City to comply with any term, condition, covenant or agreement herein
shall subject the City to liability for any claim for damages, costs or other financial or
pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be
levied upon or collected from the general credit, general fund or taxing powers of the City.
XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently
demarcate the location of the boundary of the conservation easement on each lot property
line or corner with permanent four-foot tall posts. A 2 ½ by 6 inch sign or decal reading
“Scenic/Conservation Easement Boundary, City of Eden Prairie”, will be affixed to the top
of the post.
XIX. Within 10 days of the approval of the Development Agreement, the Developer shall record
the Development Agreement at the County Recorder and / or Registrar of Titles. The final
plat shall not be released until proof of filing of the Development Agreement is submitted to
the City.
XX. The City is hereby granted the option, but not the obligation, to complete or cause
completion in whole or part of all of the Developer’s obligations under this Agreement for
which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the
“Security”) is required if the Developer defaults with respect to any term or condition in this
Agreement for which Security is required and fails to cure such default(s) within ten (10)
days after receipt of written notice thereof from the City; provided however if the nature of
the cure is such that it is not possible to complete the cure within ten (10) days, it shall be
sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer
acknowledges that the City does not assume any obligations or duties of the Developer with
respect to any such contract agreements unless the City shall agree in writing to do so.
The City may draw down on or make a claim against the Security, as appropriate, upon five
(5) business days notice to the Developer, for any violation of the terms of this Agreement or
if the Security is allowed to lapse prior to the end of the required term. If the obligations for
which Security is required are not completed at least thirty (30) days prior to the expiration
of the Security and if the Security has not then been renewed, replaced or otherwise extended
beyond the expiration date, the City may also draw down or make a claim against the
Security as appropriate. If the Security is drawn down on or a claim is made against the
Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all
costs and expenses, including attorneys’ fee, incurred by the City in enforcing this
Agreement.
XXI. The Developer hereby grants the City, it’s agents, employees, officers and contractors a
license to enter the Property to perform all work and inspections deemed appropriate by the
City in conjunction with this Agreement.
XXII. This Agreement is a contract agreement between the City and the Developer. No provision
of this Agreement inures to the benefit of any third person, including the public at large, so
as to constitute any such person as a third-party beneficiary of the Agreement or of any one
or more of the terms hereof, or otherwise give rise to any cause of action for any person not a
party hereto.
EXHIBIT D
DEVELOPMENT AGREEMENT – EDEN PRAIRIE MARKETPLACE RETAIL
______________________ EASEMENT
The undersigned Grantor(s) for and in consideration of One and no/100 Dollars ($1.00) and
other good and valuable consideration, the receipt whereof is hereby acknowledged, do hereby
grant and convey to the City of Eden Prairie, a municipal corporation of the State of Minnesota,
(Grantee), a perpetual easement for right-of-way and utility purposes over, under and across the
following described land situated in the County of Hennepin, State of Minnesota, to wit:
PROPERTY DESCRIPTION:
[INSERT LEGAL OF THE PROPERTY]
EASEMENT DESCRIPTION:
A perpetual easement for right-of-way and utility purposes over, under, across and through the
following described property:
[INSERT LEGAL FOR EASEMENTS]
Grantors hereby convey all grasses, shrubs, trees and natural growth now existing on the
easement hereby conveyed. Grantee shall have the right to use and remove all earthen materials,
structures, improvements and obstructions which lie within the boundaries of the easement
described herein, including the right of clearing the easement area to allow for the use of the land
as stated herein. The perpetual right-of-way and utility easement granted herein includes the
right of the Grantee, its contractors, agents, and employees to enter the premises at all reasonable
times for the purpose of locating, constructing, reconstructing, operating, maintaining,
inspecting, altering and repairing within the described easement area a public right-of-way,
utilities or other public facilities, utilities, or improvements of any type that are not inconsistent
with right-of-way and utility use.
The easement granted herein also includes the right to cut, trim, or remove from the easement
area trees, shrubs, or other vegetation as in the Grantee's judgment unreasonably interfere with the
easement or facilities of the Grantee, its successors or assigns.
The Grantor shall indemnify, hold harmless and defend Grantor from any costs, expenses,
damages, demands, obligations, including penalties and reasonable attorney's fees, or losses
resulting from any claims, actions, suits or proceedings based upon a release or threat of release of
any hazardous substances, pollutants, or contaminants which may have existed on, or which relate
to, the easement area or Property prior to the date of this instrument.
Further, Grantors for themselves, their heirs, executors, administrators and assigns do
hereby release the City of Eden Prairie, its successors and assigns, from all claims for any and all
damages resulting to said land by reason of the location of said right-of-way and utility
easement.
Grantors warrant they are the owners of the above described premises and have the
lawful right and authority to convey and grant the easement herein granted.
This agreement is binding upon the heirs, successors, executors, administrators and
assigns of the parties hereto.
EXECUTED as of this ____ day of ______________________, 200__.
OWNER
NOT TO BE SIGNED
NOT TO BE SIGNED
STATE OF MINNESOTA )
) SS
COUNTY OF ________ )
This instrument was acknowledged before me this ____ day of ____________________, 200_,
by __________________.
_________________________________
Notary Public
STATE OF MINNESOTA )
) SS
COUNTY OF _________ )
This instrument was acknowledged before me this ____ day of ____________________, 200__,
by ___________________.
_________________________________
This instrument drafted by: Notary Public
Richard F. Rosow
Gregerson, Rosow, Johnson & Nilan, LTD
650 Third Ave South, Suite 1600
Minneapolis, MN 55402
CONSENT AND RELEASE
The undersigned, owner of that certain mortgage dated ________________, filed in the
office of the County Recorder/Registrar of Titles, in and for the County of Hennepin, State of
Minnesota, on the ___h day of _____, ______, and recorded as Document No. __________, covering
the land described on the attached Exhibit A and other land, for valuable consideration, does hereby
consent to the grant of and subordinates it interest in the Property to this Easement.
[INSERT NAME OF MORTGAGEE]
By
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF ___________ )
On the ______ day of _______________, 20__, before me personally came
___________________________, to me known, who being duly sworn by me stated that he/she is
the __________________________ of the said Mortgage Investors Corporation and that he/she is
duly authorized to execute the foregoing instrument.
______________________________
Notary Public
P:\Home\RFR\FORMS\ EASEMENT
CITY COUNCIL AGENDA
SECTION: Consent Agenda
DATE: May 20, 2008
DEPARTMENT/DIVISION:
Community Development/Planning
Janet Jeremiah
Scott A. Kipp
ITEM DESCRIPTION:
UnitedHealth Group Development
Agreement and Alternative Urban
Areawide Review (AUAR)
ITEM NO.: VIII.C.
Requested Action
Move to:
• Approve the Development Agreement for UnitedHealth Group PUD Amendment
• Adopt the Resolution for Alternative Urban Areawide Review
Synopsis
UnitedHealth Group’s PUD concept amendment consists of 1,140,000 sq. ft. of office, 324
multi-family units, 125-room hotel/restaurant, and 25,000 sq. ft. of retail. The plan also provides
for a future light rail transit station and Park-and-Ride at the site, which is along Hennepin
County’s preferred future LRT alignment.
The Development Agreement will be valid for 5 years from the date of the Agreement.
Background Information
Comment letters on the AUAR were received from Metropolitan Council, MnDOT, Hennepin
County Transportation Department, City of Minnetonka and Mn Dept of Natural Resources, and
are included in the Response to Comments portion of the AUAR document.
Action on the AUAR is required within 120-days after the date on which the City ordered the
AUAR Review, and ends May 21, 2008.
Attachments
1. Development Agreement
2. Resolution for AUAR
3. AUAR Document, including Responses to Comments dated April 16, 2008
DEVELOPMENT AGREEMENT
UNITEDHEALTH GROUP PUD AMENDMENT
THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into as of May 14,
2008, by United HealthCare Services, Inc., a Minnesota corporation, hereinafter referred to as
"Developer", its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal
corporation, hereinafter referred to as "City”:
WITNESSETH:
WHEREAS, Developer has applied to City for Planned Unit Development Concept
Amendment on 71 acres, and Alternative Urban Areawide Review (“AUAR”) on 71 acres,
legally described on Exhibit A (the “Property”);
WHEREAS, Developer and City entered into that certain Developer’s Agreement
between the parties as of April 9, 2002, pertaining to the Property ("Original Development
Agreement");
WHEREAS, Developer and City entered into that certain Supplement to Developer’s
Agreement United Health Group PUD between the parties as of March 20, 2007, pertaining to
the Property ("Supplement to Development Agreement").
NOW, THEREFORE, in consideration of City adopting Resolution No.__________ for
Planned Unit Development Concept Amendment and Resolution No. __________ for AUAR,
Developer agrees to construct, develop and maintain the Property as follows:
1. PLANS: Development of the Property shall be in conformance with the materials
revised and stamp dated March 10, 2008, reviewed and approved by City Council on
March 18, 2008 (the "Plans"), and identified on Exhibit B, subject to such changes and
2
modifications as provided herein.
The plans depict the concept development of 1,140,000 square feet of office, 324 multi-
family housing units, 125-room hotel with restaurant, and 25,000 square feet of general
retail.
The plans will require the following waivers through the Planned Unit Development
process at the time of rezoning for the Property:
Office Site
• Floor Area Ratio of 0.89. Code maximum is 0.50.
• Building height greater than 30 feet. Six, eight, and ten-plus story buildings are
anticipated.
High Density Residential Site
• 0-foot internal setback to parking. Code requires a 10-foot setback. Shared
parking is anticipated.
Neighborhood Commercial Site
• FAR of 0.51. Code maximum is 0.40. Housing is proposed above the retail uses.
• 0-foot internal setback to parking. Code requires a 10-foot setback. Shared
parking is anticipated.
• Building height greater than 30 feet. Housing is proposed above the retail uses.
2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set
forth in Exhibit C.
3. CONSERVATION EASEMENT AND WETLAND PLAN REQUIREMENTS FOR
PROTECTION OF WETLANDS ON THE PROPERTY: Prior to release of the final
plat for any portion of the Property, Developer shall submit a Conservation Easement
attached as Exhibit D and Wetland Plan for the entire Property for review and written
approval by the Environmental Coordinator, for the area delineated on the Plans.
Prior to release of the final plat, for each phase of the development of the Property,
Developer shall also furnish to the Environmental Coordinator and receive the
Environmental Coordinator’s approval of a plan in conformance to the overall wetland
plan, a Wetland Plan performance bond, cash escrow, or letter of credit with a
corporation approved by City Manager or other guarantee acceptable to City Manager
equal to 150% of the cost, as estimated by City Manager, of completing said Wetland
Plan requirements.
Prior to release of any building permit for the Property, Developer shall submit evidence
to the Environmental Coordinator that the approved Conservation Easement has been
filed in the Hennepin County Recorder’s/Registrar of Titles’ Office for the phase of the
Property then being developed. The parties recognize that certain elements of the
approved wetland plan may be dependent on mitigation or requirements beyond the
3
boundaries of any particular phase of development. It is understood and agreed that all
aspects of meeting the overall wetland plan design will be implemented by phase, but
will include all wetlands impacted by that phase, including conservation easements for
mitigation outside of the phasing limits.
4. CONSERVATION EASEMENT FOR THE PROTECTION OF EXISTING
TREES ON THE PROPERTY: Prior to release of the final plat for any portion of the
Property, Developer shall submit a Conservation Easement attached as Exhibit E, for
review and written approval by the Director of Parks and Recreation Services over that
portion of the Property as delineated on the Plans. After approval by City, Developer
shall file the Conservation Easement with the Hennepin County Recorder/Registrar of
Title as appropriate immediately after the recording of the final plat and prior to
recording of any document affecting the Property including but not limited to any
mortgage granted by Developer or owners, their successors and/or assigns.
Prior to the issuance of the first building permit for the Property, Developer shall submit
to City Engineer proof that the Conservation Easement has been recorded in the
Hennepin County Recorder's Office/Registrar of Titles' Office.
Prior to issuance of the first building permit for the Property, and prior to recording of
any document affecting the Property, including any mortgage granted by Developer or
owners, their successors and/or assigns, Developer shall permanently demarcate the
location of the boundary of the conservation easement on each lot property line or corner
with permanent four-foot tall posts. A 2 ½ by 6 inch sign or decal reading
“Scenic/Conservation Easement Boundary, City of Eden Prairie”, will be affixed to the
top of the post.
5. FUTURE DEVELOPMENT OF THE PROPERTY: Developer acknowledges that
City has approved only the Guide Plan Change, Planned Unit Development Concept and
the AUAR for the Property, as depicted in the Plans. Prior to any development or
construction on the Property, as depicted in the Plans, Developer shall be required to
submit detailed development plans, and all other submittals required by the Eden Prairie
City Code, and obtain approval of those plans and submittals by the Planning
Commission and City Council.
6. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION
PLANS:
A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the
grading and drainage plan contained in the Plans is conceptual. Prior to the
release of a land alteration permit for the Property, Developer shall submit and
obtain City Engineer's written approval of a final grading and drainage plan for
the Property. The final grading and drainage plan shall include all wetland
information, including wetland boundaries, wetland buffer strips and wetland
buffer monument locations; all Stormwater Facilities, such as water quality
ponding areas, stormwater detention areas, and stormwater infiltration systems;
and any other items required by the application for and release of a land alteration
4
permit. All design calculations for storm water quality and quantity together with
a drainage area map shall be submitted with the final grading and drainage plan.
Prior to release of the grading bond, Developer shall certify to City that the
Stormwater Facilities conform to the final grading plan and that the Stormwater
Facilities are functioning in accordance with the approved plans.
Developer shall employ a design professional who prepared the final grading
plan. The design professional shall monitor construction for conformance to the
approved final grading plan and Stormwater Pollution Prevention Plan (SWPPP).
The design professional shall provide a final report to City certifying completion
of the grading in conformance the approved final grading plan and SWPPP. In
addition, the design professional retained by Developer to perform the monitoring
of the project shall be responsible for all monitoring, data entry and reporting to
the PermiTrack ESC web-based erosion and sediment permit tracking program
utilized by City. Should the design professional be unavailable or unwilling to be
engaged for the above defined duties Developer will provide a replacement
professional subject to the approval of the City Engineer.
7. LIGHT RAIL TRANSIT:
7.1 The “LRT” is, collectively, the light rail transit system (including corresponding
station) to be located, if at all, on the LRT Area and Outlot as depicted on Exhibit
H-1 and legally described on Exhibit H-2. To the extent that a legal description of
the LRT Area is not available on the date hereof, Developer shall provide the
same within 30 days after the date hereof for City’s approval and attachment
hereto as an amendment.
7.2 The parties acknowledge that Developer anticipates having a service road (the
“Ring Road”) partially located within the LRT Area for ingress and egress,
property management, traffic management and code compliance issues.
7.3 The Developer agrees and consents to the construction, operation, maintenance,
upgrade, replacement and removal of LRT on the LRT Area and Outlot (whether
on-grade or elevated) without any entitlement to any compensation or
reimbursement provided the following conditions are all satisfied:
i. The overall housing density for Building C, D, E, and F as set forth on
Exhibit I is not reduced below 14.1 dwelling units per acre.
ii. The first floor area ratio is not reduced below:
a) .14 for Building A and B as set forth on Exhibit I;
b) .14 for Buildings H, I, J, K and L as set forth on Exhibit I.
iii. The LRT does not encroach beyond the line identified as the
“Compensation Line” depicted on Exhibit H-1 into the area identified for
the construction of the parking deck.
iv. The LRT does not encroach beyond the boundaries of the Outlot into the
area identified for the Conservation Easement.
v. The Developer is allowed to use the Ring Road for its intended purpose of
5
ingress and egress to access to the Property.
vi. The Ring Road is located within the LRT Area.
7.4 Developer agrees, as part of the approval of its Project:
i. to reserve the LRT Area and Outlot for the purposes set forth in this
Section 7;
ii. to design the Project to allow for the introduction of the LRT within the
LRT Area and Outlot in accordance with the terms of this Section 7 and
also in accordance with Hennepin County Regional Railroad Authority's
then most current information regarding location, access, elevation, and
number of parking spaces; and
iii. to be responsible for the design costs of integrating the LRT stops, station
and parking facilities, including the design of parking into the ramp
identified on the Plans into its plans provided however the additional cost
for construction (but not air or property right) shall be paid for by the
associated public authority.
7.5 Except for LRT integration design costs discussed above, the costs related to
designing and constructing the LRT will be the responsibility of the associated
public entities.
7.6 Developer will neither be reimbursed nor compensated for
i. any air rights granted to, or taken by, City or any other taking
authority, anywhere within the LRT Area or Outlot as long as all
of the conditions of paragraph 7.3 are satisfied; or
ii. the granting of property rights on, under or in the LRT Area or
Outlot provided that the conditions of paragraph 7.3 are satisfied.
7.7 City acknowledges and agrees that Developer is not granting City any rights to, or
interests in (including, without limitation air rights or interests), any portion of the
Property other than the LRT Area and Outlot, except for the right to space within
the parking ramp for LRT purposes as set forth in 7.4 (iii), , and Developer retains
all of its rights and remedies available under this Agreement, at law and in equity
to the extent that the conditions set forth in paragraph 7.3 are not satisfied.
8. OFF-SITE TRAFFIC AND ROAD IMPROVEMENTS: Concurrent with the
development of the Property Developer will be responsible to pay all of the costs
associated with the design and construction of the off-site infrastructure improvements
identified in this Agreement and as documented in the traffic study (Appendix A of the
Final Alternative Urban Areawide Review dated April 16, 2008, identified in Exhibit B
hereto) as confirmed to be required for the phase of the Property then being developed by
an update to the traffic study at the time of site planning. Whether Developer will pay the
costs by Special Assessment or by constructing the improvements itself will be
established in a subsequent development agreement to be entered into at such time as
Developer applies for rezoning of the Property or a portion thereof.
6
Concurrent with the development of the Property Developer will be responsible for
the costs of the infrastructure improvements identified below.
1) Shady Oak Road / West 62nd Street Intersection Improvements:
• Reconstruct the intersection to add a second left turn lane (dual lefts) on the
north approach and a single right turn lane on the south approach of the
intersection
• Construct the intersection to provide three westbound lanes (two left turn
lanes and one right turn lane) and two eastbound lanes on the east leg of the
intersection.
• Add a right turn lane on the west approach of the intersection
• Construct a new traffic signal system.
2) Shady Oak Road / City West Parkway (north) Intersection Improvements:
• Reconstruct intersection to add left and right turn lanes and center median on
both the north and south approaches of the intersection.
• Construct a new traffic signal system.
3) Shady Oak Road Improvements:
• Upgrade Shady Road to a 4-lane section between the north and south
intersections with City West Parkway. This works includes the removal and
replacement of the outside lane and shoulder for southbound Shady Oak
Road to provide an appropriate pavement cross slope for two southbound
through lanes.
4) Shady Oak Road / City West Parkway (south) Intersection Improvements:
• Reconstruct intersection to add left and right turn lanes on both the east and
west approaches of the intersection.
• Add a second left turn (dual left) on the north approach of the intersection.
• Reassign lanes on the south approach of the intersection.
• Construct a new traffic signal system.
5) HOV Bypass / Slip Ramp
• Pay 1/3 of the cost to construct a High Occupancy Vehicle (HOV) Bypass or
Slip Ramp for the Shady Oak Road South Ramp to eastbound TH 62.
6) TH 212 / Shady Oak Road Interchange Improvements
• Add free right turn on west approach to the Shady Oak Road / TH 212 West
Ramp intersection.
• Add a second left turn lane (dual left) on the north approach of the Shady
Oak Road / TH 212 West Ramp intersection.
• Add a second left turn lane (dual left) on the south approach of the Shady
Oak Road / TH 212 East Ramp intersection.
• Construct associated Traffic Signal Improvements
7) Shady Oak Road Trail
7
• Construct an 8 foot trail on the east side of Shady Oak Road between West
62nd Street and the north intersection of City West Parkway.
Prior to any development or construction on the Property, as depicted in the Plans,
Developer shall be required to submit detailed development plans, and all other
submittals required by the Eden Prairie City Code, and obtain approval of those plans and
submittals by City Council.
9. ON-SITE TRAFFIC AND ROAD IMPROVEMENTS: Concurrent with the
development of the Property, Developer will be responsible for the reconstruction of
West 62nd Street and the construction of the internal public roadway connecting West
62nd Street and City West Parkway.
The eastern segment of West 62nd Street (segment east of the internal public roadway
connecting West 62nd Street and City West Parkway) is intended to be constructed and
maintained as a private roadway to serve the office buildings and parking ramps on the
eastern portion of the Property. In connection therewith, City shall diligently pursue a
petition MNDOT to turn back the West 62nd Street right-of-way to City. Following the
turn back of West 62nd Street right-of-way to City, City will work with Developer to
determine the most appropriate method for permitting the use of the eastern segment of
West 62nd Street as a private roadway. This may include, but is not limited to, one of
more of the following methods: public vacation of the right-of-way, maintenance
agreement, permit, or easement. All costs, fees and services associated with this process
shall be the responsibility of Developer.
Prior to any development or construction on the Property, as depicted in the Plans,
Developer shall be required to submit detailed development plans, and all other
submittals required by the Eden Prairie City Code, and obtain approval of those plans and
submittals by the Planning Commission and City Council.
10. RIGHT-OF-WAY DEDICATION: Concurrent with the development of the Property
Developer shall dedicate on the final plat at no cost to City that portion of the Property
that is required for the right-of-way required to accommodate the road improvements on
Shady Oak Road, West 62nd Street, City West Parkway and the internal Property
connector roadway.
11. SPECIAL SERVICE DISTRICT: The Developer agrees to support and participate in
a Special Service District encompassing the Golden Triangle Area and City West
Parkway for additional future Transportation Improvements to the area. Developer shall
file a petition with the City of Eden Prairie in form and substance as attached hereto on
Exhibit H and hereby consents to the establishment of a special service district by the
City under Minnesota Statutes § 428A.01 to 428A.101. Developer waives all rights to
objection, appeal and veto granted under law or in equity including but not limited to the
rights granted under Chapter 428A, including but not limited to the right to object under
§428A.02, Subd. 4 (1), the right to appeal establishment of the Special Services District
under §428A.02, Subd. 5 and the right to veto under §428A.09, Subd 1, or the right to
objection under §428A.09, Subd. 2. Developer waives all rights to object to the validity
8
of the special service district, the inclusion of the Development Property within the
special service district, or the procedures used by the City in establishing the special
service district. Developer hereby releases the City, its officers, agents and employees
from any and all liability related to or arising out of the establishment of the special
service district. An advisory board shall be formed by the City which will include the
Developer as a member.
12. STREET AND UTILITY PLANS: Developer agrees that the street and utility plan
contained in Exhibit B is conceptual. Developer shall be required to submit detailed
street and utility plans and obtain approval by the Planning Commission and City
Council. Detailed plans shall include streets, sanitary sewer, watermain and storm sewer.
Developer shall evaluate the capacity of sanitary sewer and watermain connections to the
Property. If additional capacity is required within the local (Eden Prairie) sanitary sewer
and watermain system Developer shall be responsible for the costs thereto.
13. TAX INCREMENT FINANCING: City will undertake, subject to holding a public
hearing, to create a Development District and Tax Increment Financing District which
includes the Property within its boundaries. Subject to approval of the Development
District and Tax Increment Financing District City and Developer will enter into an
agreement that will provide for the use of a portion of the tax increments generated to
defray allowable costs under the Statute incurred by Developer in return for Developer
providing a minimum of 20% affordable housing units associated with the multiple
family portion of the Property and constructing regional road improvements.
14. TRAVEL DEMAND MANAGEMENT PLAN: Concurrent with any application for
development of the Office portion of the Property, Developer agrees to develop and
submit to City Engineer for review and written approval, a Travel Demand Management
Plan (TDM) for the Property to help reduce traffic congestion. The TDM Plan, at a
minimum, will be consistent with the plan outline and UnitedHealth Group’s October 22,
2001 commitment letter, attached as Exhibit G. In addition the TDM plan will include
provisions to include direct financial incentives to employees and to provide multiple
shower facilities in each office building.
With the development of each phase of Office portion of the project, Developer shall
furnish to the Traffic Engineer and receive the Traffic Engineer’s approval of a TDM
performance bond, cash escrow, letter of credit with a corporation approved by City
Manager or other guarantee acceptable to City Manager (hereinafter referred to as the
“Security”) equal to 100% of the cost of implementing the first two (2) years of the TDM
Plan.
15. TRUNK UTILITY ASSESSMENTS: Developer acknowledges that the Property will
be subject to trunk utility assessments at prevailing rates at the time of development.
16. WETLAND PLAN: Prior to release of the final plat for any portion of the Property,
Developer shall submit to the Environmental Coordinator and receive the Environmental
Coordinator’s approval of a Wetland Plan. The approved Wetland Plan shall be
consistent with the materials and requirements shown on the Plans and as required by
9
City Code. The Plan shall include the following elements.
A. Wetland Delineation and Wetland Buffer Strip Vegetation Evaluation:
Developer shall submit to the City a Wetland Buffer Strip Evaluation Report
(“Buffer Report”) and Wetland Delineation Report in accordance with the
Wetland Plan and City Code requirements prior to release of the final plat for any
portion of the Property. If the Buffer Report identifies any unacceptable
vegetation or other conditions, the wetland buffer strip shall be graded, treated,
reseeded and/or replanted (thereon known as “Landscaping”, or “Landscaped”) by
the Developer within 90 days of submission of the Buffer Report. If Landscaping
of the wetland buffer strip is required, the Developer shall submit a signed
statement by a qualified wetland consultant, as determined by the City Manager,
stating that the wetland buffer strip vegetation complies with all City
requirements within 30 days of completion of the Landscaping of the wetland
buffer strip.
B. Annual Wetland and Wetland Buffer Strip Evaluation: Prior to release of the
final plat for any portion of the Property, Developer shall submit a signed contract
with a qualified wetland consultant, as determined by the City Manager and/or
designee, for preparation of an Annual Wetland and Wetland Buffer Strip
Evaluation Report (Annual Buffer Report) that evaluates the condition of the
wetland(s) and wetland buffer strip(s) and to determine if they are in compliance
with all City requirements. The Annual Buffer Report shall provide both an
action plan and proposed cost for correction of all problems identified within the
wetland(s) and/or wetland buffer strip(s).
The first Annual Buffer Report shall be submitted no later than November 1 of the
calendar year in which construction of the wetland and/or wetland buffer strip is
commenced. Thereafter, this report shall be submitted annually until two full
growing seasons following completion of the development have passed, at which
point a final Annual Report shall be submitted. The final Annual Buffer Report
shall be submitted two full growing seasons following completion of the
development and shall evaluate the wetland(s) and wetland buffer strip(s) to
determine if the wetland(s) and/or wetland buffer strip(s) remain in compliance
with all City requirements.
If any unacceptable conditions or vegetation are identified within the Annual
Buffer Reports or final Annual Buffer Report, the Developer shall correct the
area(s) identified within 90 days of submission of the Annual Buffer Report.
C. Conservation Easement: Prior to release of the final plat for the Property,
Developer shall submit a Conservation Easement attached as Exhibit D, for
review and written approval by the Environmental Coordinator, for the area
delineated on the Plans. After approval by the City, Developer shall file the
Conservation Easement with the Hennepin County Recorder/Registrar of Title as
appropriate immediately after the recording of the final plat and prior to recording
of any document affecting the property including but not limited to any mortgage
10
granted by the Developer or owners, their successors and/or assigns.
Prior to the issuance of the first building permit for the Property, Developer shall
submit to the Environmental Coordinator proof that the Conservation Easement
has been recorded in the Hennepin County Recorder's Office/Registrar of Titles'
Office.
D. Wetland Buffer Strip Monuments: Prior to release of the first building permit
for any portion of the Property, and prior to recording of any document affecting
the property, including any mortgage granted by the Developer or owners, their
successors and/or assigns, Developer shall install all wetland buffer strip
monuments for the property. Wetland buffer strip monument locations shall be
shown on the final grading plan and final plat. The post shall be a fiberglass
reinforced composite post with a maximum size of 4 inch by 4 inch (4” x 4”) that
states “Wetland Buffer: No Mowing Allowed”. The post shall be mounted to a
height of a minimum of four feet above grade set at least 42 inches in the ground.
The bottom of the post must be fitted with an anchor attachment that would
expand upon attempted removal. Removal of the wetland buffer strip monuments
is prohibited.
E. Wetland Performance Bond: Prior to release of the final plat for any portion of
the Property, Developer shall furnish to the Environmental Coordinator and
receive the Environmental Coordinator’s approval of a Wetland Plan performance
bond, cash escrow, or letter of credit with a corporation approved by the City
Manager or other guarantee acceptable to the City Manager (hereinafter referred
to as the “Security”) equal to 150% of the cost, as estimated by the City Manager,
of completing said Wetland Plan requirements and/or Landscaping as depicted on
the Plans and as required by City Code. Said Security shall cover costs associated
with the Wetland Plan during development and for two full growing seasons
following completion of the all the improvements identified in the plans referred
to in Paragraph 1 hereof including but not limited to office, multi-family housing
units, hotel, restaurant, and retail construction.
If the Developer fails to implement the Wetland Plan in accordance with its terms, the
City may draw upon the Security in whole or in part to pay the cost of implementation.
17. SUPERCEDES PRIOR AGREEMENTS: This Agreement supersedes the Original
Development Agreement and the Supplement to Development Agreement which the
parties hereby agree are revoked and of no further force and effect.
18. ASSIGNMENT. Developer may, upon notice to City but without the consent of City,
assign its rights under this Agreement.
11
IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to
be executed as of the day and year aforesaid.
DEVELOPER CITY OF EDEN PRAIRIE
By ___________________________________ ___________________________
Its ___________________________________ Scott H. Neal, Mayor
By ___________________________________ ___________________________
Its ___________________________________ Phil Young, City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of ________________,
2008, by Scott H. Neal and Phil Young, respectively the Mayor and City Manager of City of
Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation.
___________________________
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of ____________, 2008,
by __________________, the , of , a
Minnesota ____________________, on behalf of the ______________________.
___________________________
Notary Public
12
EXHIBIT A
DEVELOPMENT AGREEMENT – UNITEDHEALTH GROUP PUD
CONCEPT AMENDMENT
Legal Description
(As per Schedule A of Commitment to Title from Chicago Title Insurance Company, File No.
100819645 dated January 13, 2008)
TRACT A:
That part of the Northeast Quarter of the Northwest Quarter of Section 1, Township 116, Range
22 lying Northeasterly of the Northeasterly right-of-way lines of State Highway No. 62, per
Book 2612 of Deeds, page 131 and book 2622 of Deeds, page 255. except for that part of said
Northeast Quarter of the Northwest Quarter embraced within the West 132 feet of the East 528
feet of the South 165 feet of the North 198 feet, as measured along the North and East lines of
said Northeast Quarter of the Northwest Quarter.
TRACT B:
PARCEL 1: That part of the following described parcel lying Northerly of a line 393.17 feet
Northerly of, as measured at a right angle to the South line of the North Half of the Northwest
Quarter, Section 1, Township 116, Range 22:
That part of the Northwest Quarter of the Northwest Quarter, Section 1, Township 116, Range 22
lying West of a line drawn from a point on the North line of said Northwest Quarter of the
Northwest Quarter distant 282.5 feet East from the Northwest Corner of said Northwest Quarter
of the Northwest Quarter to a point on the South line of said Northwest Quarter of the Northwest
Quarter distant 282.5 feet East from the Southwest corner of said Northwest Quarter of the
Northwest Quarter; Except that part of said Tract which lies West of a line drawn 40 feet East of
the following described "Line A":
Line "A": Beginning at a point on the South line of Section 36, Township 117, Range 22, distant
488.84 feet Easterly of the Southwest corner of said Section 36; thence run Southerly from said
line at an angle of 95 degrees 40 minutes 48 seconds as measured from the West to South for a
distance of 1,638.23 feet to the actual point of beginning of the line to be described; thence
deflect to the right 180 degrees for a distance of 840 feet to a point thereinafter referred to as
Point "A", thence continue Northerly for a distance of 200 feet and there terminating.
Also except that part of the above described tract which lies West of the following described
Line "B":
Line "B": Beginning at Point "A" on the above described Line "A"; thence run Easterly at right
angles to said Line "A" for a distance of 40 feet to the actual point of beginning of the line to be
described; thence deflect to the left 88 degrees 34 minutes 04 seconds for a distance of 600 feet
and there terminating.
13
Also except that part of the above described tract which lies Northerly of a line drawn parallel
with and distant 40 feet Southerly of the following described line, hereinafter referred to as:
Line "D": Beginning at a point on the North line of Section 1, Township 116, Range 22, distant
577.37 feet Easterly of the Northwest corner of said Section 1; thence run Southwesterly along a
curve tangent to said North line having a radius of 409.26 feet (delta angle 47 degrees 57 minutes
23 seconds) for a distance of 342.55 feet; thence tangent to said curve for a distance of 63.05
feet; thence deflect to the right along a tangential curve having a radius of 286.48 feet (delta
angle 42 degrees 15 minutes 00 seconds) for a distance of 211.25 feet; thence tangent to said
curve for a distance of 326.31 feet and there terminating; according to the Government Survey
thereof.
PARCEL 2: The North 350 feet of the West 164.15 feet of that part of the Northwest Quarter of
the Northwest Quarter, Section 1, Township 116, Range 22, lying East of a line drawn from a
point on the North line of said Northwest Quarter of the Northwest Quarter distant 282.5 feet
East from the Northwest corner of said Northwest Quarter of the Northwest Quarter to a point on
the South line of said Northwest Quarter of the Northwest Quarter distant 282.5 feet East from
the Southwest corner of said Northwest Quarter of the Northwest Quarter, EXCEPT that part of
the above described land lying Northerly of the following described line: Commencing at a
point on the North line of said Northwest Quarter of the Northwest Quarter distant 577.37 feet
East from the Northwest corner of said Northwest Quarter of the Northwest Quarter; thence
South, at a right angle to said North line a distance of 40 feet to the point of beginning of the line
to be described; thence Southwesterly a distance of 309.07 feet along a curve which is tangential
to a line parallel with said North line and concave to the Southeast and having a radius of 369.26
feet and a central angle of 47 degrees 57 minutes 23 seconds; thence Southwesterly, tangent to
said curve, a distance of 63.05 feet and there terminating, according to the Government Survey
thereof.
PARCEL 3: That part of the following described parcel lying Northerly of a line 393.17 feet
Northerly of, as measured at a right angle to the South line of the North Half of the Northwest
Quarter, Section 1, Township 116, Range 22:
That part of the Northwest Quarter of the Northwest Quarter, Section 1, Township 116, Range
22, described as beginning at a point on the South line of said Northwest Quarter of the
Northwest Quarter distant 282.5 feet East from the Southwest corner of said Northwest Quarter
of the Northwest Quarter; thence East along said South line a distance of 557.5 feet; thence
North to a point on the North line of said Northwest Quarter of the Northwest Quarter distant
840 feet East from the Northwest corner of said Northwest Quarter of the Northwest Quarter;
thence West along said North line to a point 577.37 feet East from the Northwest corner of said
Northwest Quarter of the Northwest Quarter; thence South at a right angle a distance of 40 feet;
thence Southwesterly a distance of 309.07 feet along a curve which is tangential to a line parallel
with said North line and concave to the Southeast and has a radius of 369.26 feet and a central
angle of 47 degrees 57 minutes 23 seconds; thence Southwesterly, tangent to said curve to an
intersection with a line drawn North from the point of beginning to a point on the North line of
said Northwest Quarter of the Northwest Quarter distant 282.5 feet East from the Northwest
corner of said Northwest Quarter of the Northwest Quarter; thence South along the last described
line to the point of beginning; EXCEPT that part of the West 164.15 feet of the above described
14
land lying within the North 350 feet of said Northwest Quarter of the Northwest Quarter,
according to the Government Survey thereof.
PARCEL 4: That part of the following described parcel lying Northerly of a line 393.17 feet
Northerly of, as measured at a right angle to the South line of the North Half of the Northwest
Quarter, Section 1, Township 116, Range 22: That part of the Northwest Quarter of the
Northwest Quarter, Section 1, Township 116, Range 22, described as beginning at a point on the
North line of said Northwest Quarter of the Northwest Quarter distant 840 feet East from the
Northwest corner of said Northwest Quarter of the Northwest Quarter; thence South to a point on
the South line of said Northwest Quarter of the Northwest Quarter distant 840 feet East from the
Southwest corner of said Northwest Quarter of the Northwest Quarter; thence East along said
South line a distance of 30.94 feet, more or less, to the Southwest corner of the East 63 acres of
the North Half of the Northwest Quarter of said Section 1; thence North along the West line of
the East 63 acres of said North Half of the Northwest Quarter to the North line of said Northwest
Quarter of the Northwest Quarter; thence West along said North line a distance of 88.53 feet,
more or less, to the point of beginning, according to the Government Survey thereof.
PARCEL 5: That part of the West 20 acres of the East 63 acres of the North Half of the
Northwest Quarter, Section 1, Township 116, Range 22, Hennepin County, State of Minnesota
lying Southerly of the Southerly right of way line of County Road No. 62, and lying Northerly of
a line 393.17 feet Northerly of, as measured at a right angle to, the South line of the North Half
of the Northwest Quarter, said Section 1, according to the U.S. Government Survey thereof.
Together with a non-exclusive easement (herein the "Private Easement") for roadway purposes
over, under, across and through that part of the South 393.17 feet of the Northwest Quarter of the
Northwest Quarter of Section 1, Township 116, Range 22, Hennepin County, Minnesota,
described as follows:
Beginning at the intersection of the North line of said South 393.17 feet and the Easterly right-
of-way line of County Road No. 61 as described in Document No. 970391; thence Easterly along
said North line a distance of 600 feet; thence Southerly at right angles a distance of 60.00 feet;
thence Southerly and Northerly a distance of 188.50 feet along a tangential curve concave to the
North having a radius of 60 feet and a central angle of 180 degrees; thence Westerly parallel with
said North line to said Easterly right-of-way line of County Road No. 61; thence Northwesterly
along said Easterly right-of-way line to the point of beginning, (herein the "Easement Parcel").
Parcels 1 through 4 are Registered Property.
Torrens Certificate Number: 1047852
Parcel 5 is Abstract Property.
15
EXHIBIT B
DEVELOPMENT AGREEMENT – UNITEDHEALTH GROUP PUD
CONCEPT AMENDMENT
PLANS
LIST OF MATERIALS
Title Sheet, dated 02/26/08 by RLK Incorporated.
ALTA/ACSM Land Title Survey, dated 02/13/08 by RLK Incorporated.
PUD Preliminary Site Plan, dated 02/26/08 by RLK Incorporated.
PUD Transit Site Plan Exhibit, dated 02/26/08 by RLK Incorporated.
PUD Preliminary Grading, Drainage and Erosion Control Plan, dated 02/26/08 by RLK
Incorporated.
PUD Preliminary Storm Sewer Plan, dated 02/26/08 by RLK Incorporated.
PUD Preliminary Utility Plan, dated 02/26/08 by RLK Incorporated.
PUD Preliminary Wetland Alteration Plan, dated 02/26/08 by RLK Incorporated.
PUD Conservation Easement Plan, dated 02/26/08 by RLK Incorporated.
PUD Preliminary Landscape Plan, dated 02/26/08 by RLK Incorporated.
PUD Preliminary Tree Impact Plan, dated 02/26/08 by RLK Incorporated.
PUD Preliminary Tree Impact Plan/Existing Tree Table, dated 02/26/08 by RLK Incorporated.
General Details, dated 02/26/08 by RLK Incorporated.
Final Alternative Urban Areawide Review, dated April 16, 2008 by City of Eden Prairie
16
EXHIBIT C
DEVELOPMENT AGREEMENT – UNITEDHEALTH GROUP PUD
CONCEPT AMENDMENT
I. Prior to release of any building permit with respect to the phase of the Property then
being developed, Developer shall submit to City Engineer for approval two copies of a
development plan for that phase and any portion of the remainder of the Property
impacted by the development of that phase (1" =100' scale) showing existing and
proposed contours, proposed streets, and lot arrangements and size, minimum floor
elevations on each lot, preliminary alignment and grades for sanitary sewer, water main,
and storm sewer, 100-year flood plain contours, ponding areas, tributary areas to catch
basins, arrows showing direction of storm water flow on all lots, location of walks, trails,
and any property deeded to City.
II. Developer shall submit detailed construction and storm sewer plans to the Watershed
District for review and approval. Developer shall follow all rules and recommendations
of said Watershed District.
III. Developer shall pay cash park fees as to all of the Property required by City Code in
effect as of the date of the issuance of each building permit for construction on the
Property.
IV. In recognition of the size, scope, and complexity of this project and further in recognition
that this project will be built over a period of many years, and that Developer indicates
that construction will not be immediately initiated, and in fact, may take several years to
initiate construction, for a period of five (5) years from the date hereof no amendment
to City's comprehensive plan or official controls shall apply to or affect the use,
development density, lot size, lot layout, or dedication or platting required or permitted
by City as set forth in this Agreement. If Developer fails to proceed in accordance with
this Agreement within five (5) years of the date hereof, Developer, for itself, its
successors, and assigns, shall not oppose City's reconsideration and rescission of any
Guide Plan Change or PUD approved in connection with this Agreement, thus restoring
the status of the Property before the Development Agreement and all approvals listed
above were approved.
V. Provisions of this Agreement shall be binding upon and enforceable against the Property
and the Owners, their successors and assigns of the Property.
VI. Developer hereby irrevocably nominates, constitutes, and appoints and designates City as
its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify
the legal description of the Property after platting thereof.
VII. Developer represents that it has marketable fee title to the Property, except:
17
INSERT ANY NAME/COMPANY LISTED IN ANY OWNER’S
SUPPLEMENT TO THE DEVELOPER’S AGREEMENT)
With respect to any interest in all portions of the Property which Developer is required,
pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"),
Developer represents and warrants as follows now and at the time of dedication or
conveyance:
A. That Developer has marketable fee title free and clear of all mortgages, liens, and
other encumbrances. Prior to final plat approval, Developer shall provide to the
City a current title insurance policy insuring such a condition of title.
B. That Developer has not used, employed, deposited, stored, disposed of,
placed or otherwise allowed to come in or on the Dedicated Property, any
hazardous substance, hazardous waste, pollutant, or contaminant, including, but
not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn.
Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and
contaminants hereafter referred to as "Hazardous Substances");
C. That, to the best of Developer’s knowledge, Developer has not allowed any other
person to use, employ, deposit, store, dispose of, place or otherwise have, in or on
the Property, any Hazardous Substances.
D. That, to the best of Developer’s knowledge, no previous owner, operator or
possessor of the Property deposited, stored, disposed of, placed or otherwise
allowed in or on the Property any Hazardous Substances.
Developer agrees to indemnify, defend and hold harmless City, its successors and
assigns, against any and all loss, costs, damage and expense, including reasonable
attorneys fees and costs that the City incurs because of the breach of any of the above
representations or warranties and/or resulting from or due to the release or threatened
release of Hazardous Substances which were, or are claimed or alleged to have been,
used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to
be located, in or on the Dedicated Property by Developer, its employees, agents,
contractors or representatives.
VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11,
Zoning, and Chapter 12, Subdivision Regulations, of City Code and other applicable City
ordinances affecting the development of the Property. Developer agrees to develop the
Property in accordance with the requirements of all applicable City Code requirements
and City Ordinances.
IX. Prior to release of the final plat, Developer shall pay to City fees for the first three (3)
years’ street lighting on the public streets adjacent to the Property (including installation
18
costs, if any, as determined by electrical power provider) engineering review and street
signs.
X. Developer shall submit detailed water main, fire protection, and emergency vehicle
access plans to the Fire Marshal for review and approval. Developer shall follow all the
recommendations of the Fire Marshal.
XI. Developer acknowledges that the rights of City performance of obligations of Developer
contemplated in this agreement are special, unique, and of an extraordinary character, and
that, in the event that Developer violates, or fails, or refuses to perform any covenant,
condition, or provision made herein, City may be without an adequate remedy at law.
Developer agrees, therefore, that in the event Developer violates, fails, or refuses to
perform any covenant, material condition, or provision made herein, City may, at its
option, institute and prosecute an action to specifically enforce such covenant, withhold
building permits or rescind or revoke any approvals granted by City. No remedy
conferred in this agreement is intended to be exclusive and each shall be cumulative and
shall be in addition to every other remedy. The election of anyone or more remedies
shall not constitute a waiver of any other remedy.
XII. Developer shall, prior to the commencement of any improvements, provide written notice
to Comcast Cable of the development contemplated by this Developer’s Agreement.
Notice shall be sent to Comcast Cable, 9705 Data Park, Minnetonka, Minnesota 55343.
XIII. Prior to building permit issuance, all fees associated with the building permit shall be
paid to the Inspections Department, including; Building permit fee, plan check fee, State
surcharge, metro system access charge (SAC), City SAC and City water access charge
(WAC), and park dedication. Contact Metropolitan Waste Control to determine the
number of SAC units.
XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans,
existing structures, wells and septic systems (if present) shall be properly abandoned or
removed as required by City ordinance and all permits obtained through the Inspections
Department.
XV. Prior to building permit issuance, provide two copies of an approved survey or site plan
(1" = 200 scale) showing proposed building location and all proposed streets, with
approved street names, lot arrangements and property lines.
XVI. City shall not issue any building permit for the construction of any building, structure, or
improvement on the Property until all requirements listed in this Exhibit C have been
satisfactorily addressed by Developer.
XVII. No failure of City to comply with any term, condition, covenant or agreement herein shall
subject City to liability for any claim for damages, costs or other financial or pecuniary
charges. No execution on any claim, demand, cause of action or judgment shall be levied
upon or collected from the general credit, general fund or taxing powers of City.
19
XVIII. Prior to issuance of the first building permit for the Property, Developer shall
permanently demarcate the location of the boundary of the conservation easement on
each lot property line or corner with permanent four-foot tall posts. A 2 ½ by 6 inch sign
or decal reading “Scenic/Conservation Easement Boundary, City of Eden Prairie”, will be
affixed to the top of the post.
XIX. Within 10 days of the approval of the Development Agreement, the Developer shall
record the Development Agreement at the County Recorder and / or Registrar of Titles.
The final plat shall not be released until proof of filing of the Development Agreement is
submitted to the City.
XX. The City is hereby granted the option, but not the obligation, to complete or cause
completion in whole or part of all of the Developer’s obligations under this Agreement
for which a bond, letter of credit, cash deposit or other security (hereinafter referred to as
the “Security”) is required if the Developer defaults with respect to any term or condition
in this Agreement for which Security is required and fails to cure such default(s) within
ten (10) days after receipt of written notice thereof from the City; provided however if
the nature of the cure is such that it is not possible to complete the cure within ten (10)
days, it shall be sufficient if the Developer has initiated and is diligently pursuing such
cure. The Developer acknowledges that the City does not assume any obligations or
duties of the Developer with respect to any such contract agreements unless the City shall
agree in writing to do so.
The City may draw down on or make a claim against the Security, as appropriate, upon
five (5) business days notice to the Developer, for any violation of the terms of this
Agreement or if the Security is allowed to lapse prior to the end of the required term. If
the obligations for which Security is required are not completed at least thirty (30) days
prior to the expiration of the Security and if the Security has not then been renewed,
replaced or otherwise extended beyond the expiration date, the City may also draw down
or make a claim against the Security as appropriate. If the Security is drawn down on or
a claim is made against the Security, the proceeds shall be used to cure the default(s) and
to reimburse the City for all costs and expenses, including attorneys’ fee, incurred by the
City in enforcing this Agreement.
XXI. Developer hereby grants City, its agents, employees, officers and contractors a license to
enter the Property to perform all work and inspections deemed appropriate by City in
conjunction with this Agreement.
XXII. This Agreement is a contract agreement between City and Developer. No provision of
this Agreement inures to the benefit of any third person, including the public at large, so
as to constitute any such person as a third-party beneficiary of the Agreement or of any
one or more of the terms hereof, or otherwise give rise to any cause of action for any
person not a party hereto.
20
EXHIBIT D
DEVELOPMENT AGREEMENT – UNITEDHEALTH GROUP PUD
CONCEPT AMENDMENT
CONSERVATION/SCENIC EASEMENT
WETLANDS
THIS EASEMENT AGREEMENT is made this day of , 2008 by and
between ______________________, a Minnesota Company, hereinafter referred to as "Grantor,"
and City OF EDEN PRAIRIE, a Minnesota municipal corporation, hereinafter referred to as
"City";
WHEREAS, Grantor is the fee owner of land located in Hennepin County, Minnesota,
more fully described in Exhibit A, attached hereto and made a part hereof, and said land
hereinafter referred to as "the Property"; and,
WHEREAS, Grantor has marketable title to the Property, free and clear of all liens,
mortgage, and encumbrances, except:
WHEREAS, Grantor and City wish to enter into an agreement which will grant to City a
conservancy/scenic easement for conservation and preservation of the terrain and vegetation, and
to prohibit certain destructive acts thereon, over that portion of the Property as described in
Exhibit B, hereinafter referred to as the "Easement Area”, attached hereto;
NOW, THEREFORE, in consideration of the premises contained herein, it is agreed by
the parties as follows:
1. Grantor hereby conveys to City and its successors and assigns a conservation and
scenic easement in, under, on, and over the “Easement Area”, and City hereby
accepts such conveyance.
2. The following terms and conditions shall apply to the Easement Area:
A. The Easement Area shall be preserved predominantly in its natural
condition. No trees, shrubs or other vegetation shall be planted or
removed from the Easement Area without the prior written consent of
City. City will consider removal of noxious weeds, as defined by
Minnesota Statutes Sections 18.76-18.88, upon submission and approval
of a Vegetation Management Plan. No vegetation cutting, fertilizer
application or placement of turfgrass, such as Kentucky bluegrass, shall
occur within the Easement Area.
21
B. Wetland buffer monuments must be placed at the boundaries of the
wetland buffer strip as shown on Exhibit C. Removal of the wetland
buffer strip monuments is not allowed.
C. No building, road, sign, billboard, utility, or other structures shall be
placed in the Easement Area without the prior written consent of City.
D. No trash, waste, or other offensive material, soil, or landfill shall be placed
upon or within the Easement Area without the prior written consent of
City.
E. No change in the general topography of the Easement Area landscape,
including, but not limited, to excavation, dredging, movement, and
removal or placement of soil, shall be allowed within the Easement Area
without the prior written consent of City.
F. Grantor may, no more than once per calendar year, remove sediment
caused by stormwater drainage into a stormwater ponding area. Any
removal of sediment must be pre-approved in writing by City and be in
accordance with City and Wetland Conservation Act guidelines.
Landscaping must be replaced in accordance with the requirements
outlined in this Conservation Easement.
3. With respect to the Easement Area, Grantor represents and warrants as follows:
A. That Grantor has marketable title free and clear of all liens,
encumbrances and mortgages.
B. That Grantor has not used, employed, deposited, stored, disposed
of, placed or otherwise allowed to come in or on the Easement
Area, any hazardous substance, hazardous waste, pollutant, or
contaminant, including, but not limited to, those defined in or
pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec.
115B.01, et. seq. (such substances, wastes, pollutants, and
contaminants hereafter referred to as "Hazardous Substances");
C. That Grantor has not allowed any other person to use, employ,
deposit, store, dispose of, place or otherwise have, in or on the
Easement Area, any Hazardous Substances;
D. That no previous owner, operator or possessor of the easement
area, deposited, stored, disposed of, placed, or otherwise allowed
in or on the Easement Area any Hazardous Substances;
Grantor agrees to indemnify, defend and hold harmless City, against any and all
loss, costs, damage and expense, including reasonable attorneys fees and costs
22
that City incurs because of the breach of any of the above representations or
warranties and/or resulting from or due to the inaccuracy or falsity of any
representation or warranty herein.
4. Grantor agrees to maintain the Easement Area subject to the provisions stated
herein.
5. The duration of this easement is perpetual and shall bind and inure to the benefit
of the parties, their successors, and assigns.
6. Nothing contained herein shall impair any right of City now held or hereafter
acquired to construct or maintain public utilities in or on the Easement Area.
7. Provisions of this Easement shall be binding upon and enforceable against the
Property and the Grantor, their successors and assigns of the Property.
23
IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to
be executed as of the day and year aforesaid.
GRANTOR CITY OF EDEN PRAIRIE
NOT TO BE SIGNED By NOT TO BE SIGNED
Phil Young
Its Mayor
NOT TO BE SIGNED By NOT TO BE SIGNED
Scott H. Neal
Its City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of ________________,
2008, by Phil Young and Scott H. Neal, respectively the Mayor and City Manager of City of
Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of ________________,
2008, by , the a Minnesota
____________________, on behalf of the company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
EXHIBIT A
“THE PROPERTY”
Legal Description Before Final Plat
Legal Description After Final Plat
EXHIBIT B
“EASEMENT AREA”
Legal Description Before Final Plat
Legal Description After Final Plat
EXHIBIT C
“EASEMENT AREA” DIAGRAM
EXHIBIT E
DEVELOPMENT AGREEMENT – UNITEDHEALTH GROUP PUD
CONCEPT AMENDMENT
CONSERVATION/SCENIC EASEMENT
TREES
THIS EASEMENT AGREEMENT is made this _____ day of _______________,
2008, by and between _____________________________________________, a
______________, hereinafter referred to as "Grantor," and City OF EDEN PRAIRIE, a
Minnesota municipal corporation, hereinafter referred to as "City";
WHEREAS, Grantor is the fee owner of land located in Hennepin County, Minnesota,
more fully described in Exhibit A, attached hereto and made a part hereof, and said land
hereinafter referred to as "the Property"; and,
WHEREAS, Grantor has marketable title to the Property, free and clear of all liens,
mortgage, and encumbrances, except:
WHEREAS, Grantor and City wish to enter into an agreement which will grant to City a
conservancy/scenic easement for conservation and preservation of the terrain and vegetation, and
to prohibit certain destructive acts thereon, over that portion of the Property as described in
Exhibit B, hereinafter referred to as the "Easement Area, attached hereto;
NOW, THEREFORE, in consideration of the premises contained herein, it is agreed by
the parties as follows:
1. Grantor hereby conveys to City and its successors and assigns a conservation and
scenic easement in, under, on, and over the Easement Area and City hereby
accepts such conveyance.
2. The following terms and conditions shall apply to the Easement Area:
A. The Easement Area shall be preserved predominantly in its natural
condition. No trees, shrubs, or other vegetation shall be planted or
removed from the Easement Area without the prior written consent of
City. City will consider removal of noxious weeds, as defined by
Minnesota Statutes Sections 18.76-18.88, upon submission and approval
of a Vegetation Management Plan. No vegetation cutting, fertilizer
application or placement of turfgrass, such as Kentucky bluegrass, shall
occur within the Easement Area.
B. No building, road, sign, billboard, utility, or other structure shall be placed
in the Easement Area without the prior written consent of City.
C. No trash, waste, or other offensive material, soil, or landfill shall be placed
upon or within the Easement Area without the prior written consent of
City.
D. No change in the general topography of the Easement Area landscape,
including, but not limited, to excavation, dredging, movement, and
removal or placement of soil, shall be allowed within the Easement Area
without the prior written consent of City.
3. With respect to the Easement Area, Grantor represents and warrants as follows:
A. That Grantor has marketable title free and clear of all liens,
encumbrances and mortgages.
B. That Grantor has not used, employed, deposited, stored, disposed
of, placed or otherwise allowed to come in or on the Easement
Area, any hazardous substance, hazardous waste, pollutant, or
contaminant, including, but not limited to, those defined in or
pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec.
115B.01, et. seq. (such substances, wastes, pollutants, and
contaminants hereafter referred to as "Hazardous Substances");
C. That Grantor has not allowed any other person to use, employ,
deposit, store, dispose of, place or otherwise have, in or on the
Easement Area, any Hazardous Substances;
D. That no previous owner, operator or possessor of the easement
area, deposited, stored, disposed of, placed, or otherwise allowed
in or on the Easement Area any Hazardous Substances;
Grantor agrees to indemnify, defend and hold harmless City, against any and all
loss, costs, damage and expense, including reasonable attorney’s fees and costs
that City incurs because of the breach of any of the above representations or
warranties and/or resulting from or due to the inaccuracy or falsity of any
representation or warranty herein.
4. Grantor agrees to permanently demarcate the location of the boundary of the
conservation easement on each lot property line or corner with permanent four-
foot tall posts. A 2 ½ by 6 inch sign or decal reading “Scenic/Conservation
Easement Boundary, City of Eden Prairie”, will be affixed to the top of the post.
5. Grantor agrees to maintain the Easement Area subject to the provisions stated
herein.
6. The duration of this easement is perpetual and shall bind and inure to the benefit
of the parties, their successors, and assigns.
7. Nothing contained herein shall impair any right of City now held or hereafter
acquired to construct or maintain public utilities in or on the Easement Area.
8. Provisions of this Easement shall be binding upon and enforceable against the
Property and the Grantor, their successors and assigns of the Property.
IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to
be executed as of the day and year aforesaid.
GRANTOR CITY OF EDEN PRAIRIE
NOT TO BE SIGNED By NOT TO BE SIGNED __
Phil Young
Its Mayor
NOT TO BE SIGNED _ By NOT TO BE SIGNED ___
Scott H. Neal
Its City Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of ________________,
2008, by Phil Young and Scott H. Neal, respectively the Mayor and City Manager of City of
Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation.
_______________________
Notary Public
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of ________________,
2008, by , the , a Minnesota ____________________,
on behalf of the corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
EXHIBIT F
DEVELOPMENT AGREEMENT – UNITEDHEALTH GROUP PUD
CONCEPT AMENDMENT
PETITION
United Healthcare Services, Inc., a Minnesota corporation, hereby requests that City of Eden
Prairie, under Minnesota Statutes § 428.08, as follows:
That City hold a public hearing on the adoption of an ordinance to establish a special service
district which includes the Development Property;
That City hold a public hearing on the imposition of a service charge based on net tax capacity to
be imposed upon the Development Property; and
That City hold a public hearing on the imposition of a service charge other than one based on net
tax capacity to be imposed upon the Development Property.
OWNER UNITED HEALTHCARE SERVICES, INC.
a Minnesota corporation
By NOT TO BE SIGNED _
Its _____________________________
EXHIBIT G
DEVELOPMENT AGREEMENT – UNITEDHEALTH GROUP PUD
CONCEPT AMENDMENT
OCTOBER 22, 2001 LETTER
ON
TRAVEL DEMAND MANAGEMENT PLAN
[Letter is on next page]
EXHIBIT H-1
SCHEMATIC DEPICTING LRT AREA AND OUTLOT
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Date: 5/20/08
EXHIBIT H-2
LEGAL DESCRIPTION OF LRT AREA AND OUTLOT
EXHIBIT I
Building, Use, and Site Data
(1) Total square footage C,D,E,F
(2) Total square footage H,I,J,K,L
(3) per building
(4) Building C,D,E,F
(5) Building H,I,J,K,L
(6) Building A, B
(7) Building H,I,J,K,L
(8) Building A,B
(9) Building C,D,E,F
Building Use Lot Area
(sf)
1st
Floor
(sf)
1st
Floor
area
ratio
Bldg. Size
(sf)
Far Housing
Units
Density
(du/acre)
A Retail 174,240 25,000 .143
B Housing 25,000 100,000 (8) .57 (6) 69
C Housing 15,200 42
D Housing 28,600 78
E Housing 35,000 96
F Housing 784,000
(1)
15,000 281,400 (9) 39 14.16 (4)
G Hotel/Rest. 204,730 21,000 .10 63,000
H Office 48,000 480,000
I Office 15,000 30,000
J,K,L Office 1,942,770
(2)
35,000
35,000
35,000
(3)
.14 (7) 630,000 .60 (5)
Total 2,151,010 332,800 1,584,400 324
UNITEDHEALTH GROUP AUAR
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. _______
A RESOLUTION ADOPTING THE ALTERNATIVE URBAN AREAWIDE REVIEW
(AUAR) DOCUMENT AND MITIGATION PLAN FOR UNITEDHEALTH GROUP
WHEREAS, the City Council of Eden Prairie did hold a hearing on March 18, 2008 to
consider the UnitedHealth Group PUD Concept Amendment; and,
WHEREAS, said development is located on 71 acres of land located south of Highway 62,
east of Shady Oak Road, and north of City West Parkway; and,
WHEREAS, the Eden Prairie Planning Commission did hold a public hearing on the
UnitedHealth Group PUD Concept Amendment on February 25, 2008, and did recommend that the
City Council approve the UnitedHealth Group PUD Concept Amendment and AUAR document and
mitigation plan; and,
WHEREAS, the City Council of Eden Prairie reviewed the UnitedHealth Group AUAR
document and mitigation plan on May 20, 2008.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, that the UnitedHealth Group AUAR and mitigation plan is accurate, complete and
mitigation measures or procedures are adequate to prevent significant environmental impacts within
the area when actual development occurs.
ADOPTED by the City Council of the City of Eden Prairie this 20th day of May, 2008.
________________________
Phil Young, Mayor
ATTEST:
______________________________
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
May 20, 2008
DEPARTMENT/DIVISION:
Jay Lotthammer, Director,
Parks and Recreation
ITEM DESCRIPTION:
Professional Services Agreement for Miller
Park Play Area
ITEM NO.: VIII.D.
Motion
Move to: Approve the Professional Services Agreement with Brauer and Associates, Ltd.,
for services for Miller Park Play Area for the amount of $35,000.
Synopsis
The play structure at Miller Park is over 13 years old and is in need of replacement. Mike
Garvin, a resident of Eden Prairie approached staff with the offer to contribute funds towards the
Miller Park play structure to help make the structure more accessible and as “barrier free” as
possible. Staff has worked with architects from the landscape architecture firm of Brauer and
Associates, LTD to construct a master plan for the play area. The master plan breaks the project
into several phases and insures that all phases work together or stand alone if future phases need
to be modified. This agreement would engage Brauer and Associates to complete and implement
design development, construction documents, bidding procedures, and construction observation
for phase 1 improvements at the play area at Miller Park.
Background
Miller Park is one of three community parks and receives a higher amount of use than
neighborhood parks and smaller play structures. Over the past several years, staff has maintained
the equipment by replacing parts that were damaged, broke or in an unsafe condition. Many of
the replacement parts are no longer available due to the age of the equipment. Money was
budgeted and approved as a part of the Capital Improvement Plan for replacement of portions of
the play structure. Mike Garvin, an Eden Prairie resident has committed funds to add to the
amount of work that is able to be performed and enhance the accessibility of the play area.
Increased accessibility will certainly be beneficial for children who use wheelchairs, but past
experience has shown that accessible surfaces and play components also offer greater access and
enjoyable use to all users.
This was reviewed with the Parks, Recreation and Natural Resources Commission at the May 5th
commission meeting. Mike Garvin made a presentation to express his interests and wishes for
the project followed by a presentation of the master plan by architects from Brauer and
Associates. The Parks, Recreation and Natural Resources Commission supported the staff
recommendation to proceed with design plans to enable the implementation of phase I.
Attachments
Master Plan Graphic
Brauer & Associates Professional Services Proposal
Tot Lot Master PlanC i f y o f E d e n P r a i r i e Miller ParkNature Stream/Green CorridorA green corridor weaves through the play area and features river rock, spreading plant materials that offer a bluish hue to resemble water, and self-powered water pumps that when operated will cause water to shoot into the air from behind the sailboat.Main EntranceThere is one main entrance point to the park space and two secondary entrance points located at both ends of the play area. The main entrance features a marina type sign with buoys and fi shing netting, along with two large benches, and a compass rose which would be incorporated into the pavement for orientation.Ornamental FencingOrnamental fencing is set on top of a small curb and set back from the asphalt trail to provide a constant barrier between the play areas and the parking lot while still ensuring easy maintenance of the existing trail.The fencing could resemble fi shing poles, reels, lures, etc.Pre - K Play AreaThis play area has aquatic themed play equipment and three fi sh sculptures attached to fi shing lines and poles from the fi shing pier. Note: This play container provides adequate space to allow for the existing play equipment to remain until it is replaced in the future.Swing AreaThe swing container has a variety of swings, including a no-transfer wheel chair swing, to accommodate all users and poured-in-place safety surfacing that features a wave pattern, which continues the idea of the sailboat creating waves behind it.5-12 Age Play AreaThis multi-level play area features themed equipment and independent, fully accessible play pieces. Two stairs and/or ramps provide access to the container from the northeast along with two at-grade access points from the adjacent walks.Note: This play container provides adequate space to allow for the existing play equipment to remain until it is replaced in the future.Fishing PierThe fi shing pier is raised off of the ground approximately 1-4’ and provides the main access to the elevated plaza. The walkway features waterfront piers with beach bird sculptures perched on top, stationary braided rope railings, wooden decking, and fi shing poles attached to fi sh sculptures. The decking will be ramped to meet the adjacent grades of the play areas and walks for accessibility.Larger than Life PodsTwo larger than life sculptures of a fi shing bobber and a buoy provide a nook for younger kids to gather within the sand box.Sand BoxThe sand box includes hidden (attached) treasures, diggers, and a bouy pod.Informal Play AreaThis area provides a life ring mase, access to the elevated sand table and digger, and the “sway fun” glider. This environment provides a great opportunity for learning and informal creative play.Elevated Plaza AreaThe plaza features a sailboat sail-shaped tensile structure mounted on large mast-like columns, a wooden deck platform, and stamped concrete walks that includes fi sh fossils. Benches and picnic tables are also located within this space and provide excellent vantage points for viewing the play containers and/or the lake.Open Lawn SpaceThe open lawn space provides space for informal play activities.PROJECT #07-37 FEBRUARY 14TH, 2008SCALE: 1” = 10’-0”Picnic AreaUnderstory trees are cleared to allow for a small picnic area featuring two custom-designed tables.Benches - typ.6’ Wide Concrete Walk - typ.SwingingWooden BridgeThis provides another access point to the elevated plaza area.Landscape Area - typ.Provides a natural buffer between the play areas and the parking lot.Water Pumps and Drinking FountainExisting Picnic ShelterThe sand box and informal play area layouts can be modifi ed to work around the existing shelter.Restroom EnclosureA three-sided enclosure provides privacy for the existing portable restroom facilities.
Tot Lot Master PlanC i f y o f E d e n P r a i r i e Miller ParkPROJECT #07-37 MARCH 24TH, 2008Entrance GatewayBoardwalk SectionSailboat Plaza
Tot Lot Master PlanC i f y o f E d e n P r a i r i e Miller ParkPROJECT #07-37 FEBRUARY 14TH, 2008Plant MaterialsRocks and Ropes CourseIndependent Accessible Amenities
May 7, 2008
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, Minnesota 55344
Attn: Jay Lotthammer, Director of Parks and Recreation
RE: Professional Services Proposal – Miller Park Tot Lot Master Planning
Brauer and Associates, Ltd. #08-22
This letter proposal outlines a scope of service, fee schedule, and other elements which, if approved, constitutes an
Agreement between the City of Eden Prairie, herein referred to as the OWNER, and Brauer and Associates, Ltd.,
herein referred to as the CONSULTANT.
The OWNER hereby retains the CONSULTANT to provide professional services required to complete design
development, construction documents, bidding procedures, and construction observation for phase 1 improvements to
the play area at Miller Park, located within the City of Eden Prairie, hereinafter referred to as the PROJECT.
(A general list of the improvements for this project is included in Attachment “A”)
Specific services shall include:
SCOPE OF SERVICES
A. SCOPE OF SERVICES – Design Services - Design Development and Construction Documents
1. Design Development: Based upon the OWNER approved Master Plan – (presented to Eden Prairie Park
Commission on May 5, 2008).
a. The Design Development for the phase 1 improvement items and areas shall include the preparation
of written text, plans and other drawings necessary to describe the design, materials, colors, textures
in sufficient detail for the OWNER to grasp the appearance and function of the improvements.
b. A preliminary engineer’s estimate of the cost of these improvements shall be prepared from these
documents. From this estimate the OWNER shall determine/confirm which of the improvements
shall be included in this phase of design, (Construction Documents).
2. Construction Documents: Clearly define the extent of the work, construction standards and techniques, and
general guidelines/administrative provisions necessary for bidding/quoting and construction purposes and
includes:
a. Preparation of final construction drawings (plans) for the facilities listed in the design development
program and approved for inclusion in this phase of the work and to be completed by the contractor.
b. Preparation of project specifications which define the general conditions and technical specifications
for the project based upon City of Eden Prairie Standard Specification.
c. Coordinate and interface with other consultants, if required, on all issues to insure that all facets of
the work are covered, that responsibilities between consultants are clear and that the final
construction documents are comprehensive.
d. Defining bidding/quoting procedures and award of contract procedures.
e. Meeting(s) with staff for project review and discussion of relevant issues and concerns.
Brauer and Associates, Ltd. Page 1 of 3
Proj. #08-22 H:\DOCS\PROMOTIONAL\PROMO-PROPOSALS\2008\Eden Prairie - Miller Park tot lot cds\miller park cds contract.doc
B. SCOPE OF SERVICES - Bidding Services: Oversight of the bidding/quoting process and selection of
contractors. This includes:
1. Administration of project bidding/quoting, including pre-bid meeting, general correspondence, and
preparation of all addenda as necessary. Review and audit of bids/quotes received and recommendation of
contractor.
C. SCOPE OF SERVICES - Observation Services: Project administration and observing construction
progress. This includes:
1. Administration of contract, including preparation of the contract, work scheduling, application for payment
forms, certificate of payment forms, change order forms, substantial completion forms, final payment forms,
etc.
2. Administration of pre-construction meeting to review the project elements and clearly define the OWNER's
expectations as to the quality of construction, dealing with problems that may arise, timeliness, etc.
3. Site observation on an as-needed basis for the duration of the construction to ensure that the design intent of
the plans and specifications is being met. Preparation of field reports as necessary to document specific issues
and areas of concern. Review shop drawings and testing requirements/procedures.
4. On-going correspondence/field meetings with staff and contractor for purposes of reviewing construction
progress and discussion of pertinent issues, concerns and upcoming construction.
D. FEES - The fee for the services listed above shall be billed as follows:
1. The fee for Scope of Services paragraphs A. & B., (Design Services - Design Development & Construction
Documents and Bidding Services), shall be an hourly estimated fee of Twenty Four Thousand Five Hundred
Dollars, ($24,500.00), plus direct expenses billed at 1.1 times cost.
2. The fee for Scope of Services paragraph C., (Observation Services), shall be an hourly estimated fee of Ten
Thousand Five Hundred Dollars, ($10,500.00), plus direct expenses billed at 1.1 times cost.
3. Fees for Additional Services requested by the Owner shall be billed hourly according to the following rate
schedule.
Brauer and Associates, Ltd’s 2008 Hourly Rate Schedule
Principal $110.00 / Hour
L.A. Professional III $82.50 / Hour
L.A. Professional II $71.50 / Hour
L.A. Professional I $55.00 / Hour
E. OWNER’S RESPONSIBILITIES - The fees listed above assume that the City of Eden Prairie shall be
responsible for the following items:
1. Full program coordination with one individual representing the OWNER'S interests.
2. Legal Counsel, advice, and services available to the CONSULTANT during the term of this Agreement on
any or all matters related to the PROJECT such as, but not limited to, title opinions, interpretations of
agreements, covenants and laws affecting the PROJECT, advice and assistance in processing applications,
review and preparation of PROJECT agreement documents, participation in presentations to public agency
staff and boards and general counsel on the legal implications of all substantive or procedural aspects of the
PROJECT itself.
3. Providing the CONSULTANT with an accurate base map illustrating all property lines, property corners,
easements, rights of way and other legal issues, existing utilities, vegetation, pavement, curbing, and other
surface materials. This survey should also include 1 foot contour elevations and spot grades, as well as a
permanent bench mark. This base map shall be provided to the consultant in AutoCAD or compatible format.
4. Providing all soils engineering/borings and engineering geotechnical testing required for the project.
Brauer and Associates, Ltd. Page 2 of 3
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5. All additional fees and expenses required to prepare and submit for any federal, state agency, or local
permitting, plan review, etc. for the project.
The OWNER hereby contracts for the Services outlined in this Agreement.
IN WITNESS HEREOF the OWNER and the CONSULTANT have made and executed this Agreement, this _____
day of ______________________, 2008.
Brauer and Associates, Ltd.
10417 Excelsior Blvd.
Suite One
Hopkins, Minnesota 55343
________________________________________
Jason L. Amberg, Vice President
Accepted by:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, Minnesota 55344
________________________________________ (Signature)
________________________________________ (Printed Name of Responsible Owner Rep.)
Brauer and Associates, Ltd. Page 3 of 3
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Attachment “A”
Phase 1 ‐ Description of Work
General Earthwork and Removals
Restroom Enclosure Area
Play Container: equipment, container, ADA surfacing
Temporary walkway connections / walls
Restoration
Swingset Container: equipment, containers, ADA surfacing ‐ Alternate Bid
Ornamental Fencing and Entrance Plaza Area ‐ Alternate Bid
Phase 1 Area Graphic
Brauer and Associates, Ltd. Page 4 of 3
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CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
May 20, 2008
DEPARTMENT/DIVISION:
Facilities/OCM
ITEM DESCRIPTION:
Reject Bids for Garden Room Roof
Replacement
ITEM NO.: VIII.E.
Requested Action:
Move to: Reject all bids received on May 8, 2008, for the Garden Room Roof replacement
project.
Synopsis:
The Facilities Division budgeted $75,000 for replacement of the existing roof over the Garden
Room Restaurant and part of the Education Center. Four bids were received, ranging from
$168,990 up to $228,253.
Background Information:
City staff worked with our consultant, EPI, on specifications and cost estimates for the roof
replacement. The cost of fuel has doubled over the past couple of years, creating a ripple effect
to the roofing industry. Lack of accessibility to the roof also contributed greatly to pricing. The
roof is accessible only from the rear of the building, which means the contractor would have to
haul all materials by hand around the back of the building. Existing roofing materials would also
have to be hand carried from the rear of the building to the east end of the building to be
evacuated off site. There is no means of accessing the roof with machinery.
CITY COUNCIL AGENDA
SECTION: Consent Agenda
DATE:
May 20, 2008
DEPARTMENT/DIVISION:
OCM/Human Resources
Wayne Estenson, Manager of
Support Services
Scott Neal, City Manager
ITEM DESCRIPTION:
Direct Staff to not Waive the Monetary
Limits on Tort Liability Established by
Minnesota Statutes 466.04
ITEM NO. : VIII.F.
Requested Action
Move to: Direct staff to not waive the monetary limits on municipal tort liability established by
Minnesota Statutes 466.04.
Synopsis
The City of Eden Prairie obtains liability coverage from the League of Minnesota Cities Insurance
Trust. Each City Council must formally decide whether to waive or not to waive the statutory tort
liability limits to the extent of the coverage purchased. Staff recommends that the City choose not
to waive.
Attachment
Waiver Form
LEAGUE OF MINNESOTA CITIES INSURANCE TRUST
LMCIT (11/00)(Rev.11/07) Page 1 of 1
LIABILITY COVERAGE – WAIVER FORM
Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide
whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. The
decision to waive or not to waive the statutory limits has the following effects:
If the city does not waive the statutory tort limits, an individual claimant would be able to recover no
more than $400,000.on any claim to which the statutory tort limits apply. The total which all claimants
would be able to recover for a single occurrence to which the statutory tort limits apply would be
limited to $1,200,000. These statutory tort limits would apply regardless of whether or not the city
purchases the optional excess liability coverage.
If the city waives the statutory tort limits and does not purchase excess liability coverage, a single
claimant could potentially recover up to $1,200,000. on a single occurrence. The total which all
claimants would be able to recover for a single occurrence to which the statutory tort limits apply would
also be limited to $1,200,000., regardless of the number of claimants.
If the city waives the statutory tort limits and purchases excess liability coverage, a single claimant
could potentially recover an amount up to the limit of the coverage purchased. The total which all
claimants would be able to recover for a single occurrence to which the statutory tort limits apply would
also be limited to the amount of coverage purchased, regardless of the number of claimants.
Claims to which the statutory municipal tort limits do not apply are not affected by this decision.
This decision must be made by the city council. Cities purchasing coverage must complete and
return this form to LMCIT before the effective date of the coverage. For further information, contact
LMCIT. You may also wish to discuss these issues with your city attorney.
accepts liability coverage limits of $ from the
League of Minnesota Cities Insurance Trust (LMCIT).
Check one:
The city DOES NOT WAIVE the monetary limits on municipal tort liability established by
Minnesota Statutes 466.04.
The city WAIVES the monetary limits on tort liability established by Minnesota Statutes 466.04,
to the extent of the limits of the liability coverage obtained from LMCIT.
Date of city council meeting
Signature/Date Position
Return this completed form to LMCIT, 145 University Ave. W., St. Paul, MN. 55103-2044
CITY COUNCIL AGENDA
SECTION: Consent Agenda
DATE:
May 20, 2008
DEPARTMENT/DIVISION:
Leslie Stovring
Public Works / Environmental Services
ITEM DESCRIPTION:
Amendment of Conservation
Easement Over Lots 2 through
5, Block 5, Williams Place
ITEM NO.: VIII.G.
Requested Action
Move to: Amend the Conservation Easement over Lots 2 to 5, Block 3 of Williams Place.
Synopsis
A conservation easement was required for the Williams Place development for protection of the
wetland, wetland mitigation areas and wetland buffers. However, due to site constraints, the as
built wetland mitigation area is not as large as originally proposed. This amendment will provide
a wetland buffer that is closer to the property line with a straighter edge that will be easier to
enforce and yet provide the buffer strip as required by City Code. Staff recommends approval of
the amendment.
Background Information
Ryland Homes requested to amend the recorded conservation easement. This change is a result
of the final delineation of the wetland mitigation area that was completed on May 11, 2007. The
delineation showed a smaller wetland mitigation area than originally proposed. Site constraints
would not allow enlargement of the mitigation area beyond the current footprint without
impacting neighboring homes. A revised wetland mitigation plan was submitted in December
2007 and approved by Riley-Purgatory-Bluff Creek Watershed District on January 5, 2008.
This change results in a smaller wetland mitigation area and the ability to move the conservation
line closer to or within the City’s Outlot that contains the wetland mitigation area. The proposed
change to the conservation easement meets the average buffer width requirements of the City’s
wetland ordinance. This will also result in an area that will be easier for City staff to monitor
while providing the residents a larger back yard.
Attached to this memorandum is the Amended Conservation Easement document which includes
a diagram outlining the existing and proposed conservation easement line.
Attachments
Attachment I – Amended Conservation Easement Document
AMENDMENT TO CONSERVATION/SCENIC EASEMENT
THIS AMENDMENT is made this day of , 2008, by and between Robert W. McKie
and Christy McKie, Michael Zhang and Lin Zeng, Karl R Florida and Laura K Florida and Justin D. Patten and
Lane C. Patten ("Grantor's"), and the City of Eden Prairie, a Minnesota municipal corporation ("Grantee").
RECITALS:
A. Grantor's owns the following described real property:
Lot 2 thru 5, Block 3, WILLIAMS PLACE, Hennepin County, Minnesota hereinafter referred to as the
"Subject Property".
B. A portion of the Subject Property (the "Easement Area") is subject to that certain
Conservation/Scenic Easement dated February 3, 2004, filed of record with the Hennepin County Registrar of
Titles on February 5, 2005, as Document No. 8287758 (the "Easement Agreement").
C. Grantor's and Grantee desire to reduce the Easement Area of the Conservation/Scenic Easement by
deleting a portion of the Easement Area across Lots 2-5, Block 3.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
1. The legal description of the Easement Area is hereby amended in its entirety as follows:
A conservation easement over, under and across that part of Lots 1 through 6, inclusive, and Lot 12 and Lot 13,
Block 3, WILLIAMS PLACE, according to the recorded plat thereof Hennepin County, Minnesota, described
as follows:
Beginning at the southwest corner of Outlot B, said WILLIAMS PLACE; thence North 89 degrees 25 minutes
49 seconds East, assumed bearing along the south line of said Outlot B, a distance of 512.72 feet; thence North
00 degrees 34 minutes 11 seconds West, a distance of 70.37 feet; thence North 72 degrees 51 minutes 04
seconds West, a distance of 167.59 feet; thence North 63 degrees 06 minutes 38 seconds West, a distance of
1,17 .70 feet; thence North 48 degrees 07 minutes 57 seconds West, a distance of 97.36 feet; thence North 49
degrees 44 minutes 09 seconds West, a distance of 54.58 feet; thence North 70 degrees 24 minutes 12 seconds
West, a distance of 44.54 feet; thence North 66 degrees 22 minutes 47 seconds West, a distance of 89.41 feet;
thence North 78 degrees 42 minutes 01 seconds West, a distance of 45.69 feet; thence South 46 degrees 44
minutes 03 seconds West, a distance of 90.24 feet; thence South 08 degrees 19 minutes 57 seconds West, a
distance of 147.25 feet; thence South 05 degrees 55 minutes 15 seconds West, a distance of 33.39 feet; thence
South 19 degrees 29 minutes 05 seconds East, a distance of 71.95 feet to the point of beginning; Except that
part contained within Outlot B of said WILLIAMS PLACE.
Excepting there-from that portion of Lots 2 thru 5, Block 3, of WILLIAMS PLACE, according to the recorded
plat thereof Hennepin County, Minnesota, described as follows:
Beginning at a point on the northwesterly line of said Lot 5, being distant thereon North 36 degrees 57 minutes
35 seconds East, assumed bearing along said northwesterly line, 42.98 feet from the most westerly corner of
said Lot 5; thence South 66 degrees 22 minutes 47 seconds East 89.41 feet; thence South 70 degrees 24 minutes
12 seconds Bast, 44.54 feet; thence South 49 degrees 44 minutes 09 seconds East, 54.58 feet; thence South 48
degrees 07 minutes 57 seconds East, 97.36 feet; thence South 63 degrees 06 minutes 38 seconds East, 117 .70
feet to a point on the southeasterly line of said Lot 2; thence South 63 degrees 55 minutes 57 seconds West,
24.19 feet to a point on the southwesterly line of said Lot 2; thence along the southwesterly line of said Lot 2,
North 62 degrees 58 minutes 03 seconds West, 106.51 feet to the most westerly corner of said Lot 2; thence
along the southwesterly line of said Lot 3, North 53 degrees 02 minutes 25 seconds West, 61.12 feet; thence
North 41 degrees 36 minutes 10 seconds West, 62.86 feet; thence North 60 degrees 08 minutes 04 seconds
West, 105.13 feet; thence North 6T degrees 00 minutes 01 seconds West, 55.59 feet to a point on the
northwesterly line of said Lot 5; thence along the northwesterly line of said Lot 5, North 36 degrees 57 minutes
35 seconds East, 10.82 feet to the point of beginning.
2. The amended Easement Area is depicted and referred to as the "CONSERVATION/SCENIC EASEMENT
AREA" on the attached Exhibit A.
3. Nothing contained herein modifies, alters or amends the Drainage and Utility Easement dedicated in the
plat of WILLIAMS PLACE.
4. Except as amended herein, the Easement Agreement remains in full force and effect and the parties
reaffirm the terms of the Easement Agreement.
N WITNESS WHEREOF, the parties execute and deliver this Amendment as of the date stated above.
[Signature Pages and Acknowledgements Follow]
GRANTORS:
By:
Robert W. McKie,
Michael Zhang
20001138.99
DENISE DIANE CHRISTENSEN
NOTARY PUBLIC - MINNESOTA
My Commission Expires Jan. 31,2009
nn•••nn
L
Notary Public
DENISE DIANE CHRISTENSEN
NOTARY PUBLIC. MINNESOTA
My Commission Expires Jan. 31.2009
1111LAAJWYWRIkAAPAAINAA0J4AAAAAAINNAMAAA 111,
DENISE DIANE CHRISTENSEN
NOTARY PUBLIC - MINNESOTA
My Commission Expires Jan, 31,2009
STATE OF MINNESOTA
COUNTY OF e-11)/Viditel
The foregoing instrument was acknowledged before me this 14 day of
Robert W. McKie, husband of Christy McKie
STATE OF MINNESOTA
COUNTY OF 1-jeki vva
67.1k1
The foregoing instrument was acknowledged before me this -1 day of
Christy McKie wife of Robert W. McKie.
, 2008, by
, 2008, by
cQJ
Notary Public
STATE OF MINNESOTA
COUNTY OF
The foregoing instrument was acknowledged before me this 7 day of AA cty , 2008, by
Michael Zhang husband of Lin Zeng
—0L-4,40-t
Notary Public
Ca&I
3732652.5
COUNTY OF I-1 (vi
STATE OF MINNESOTA DENISE DIANE CHRISTENSEN
NOTARY PUBLIC - MINNESOTA
l_dy Commission Expires Jan. 31,2009
, 2008, by Lin
MARY KAY ZILKA
Notary Public
Minnesota
My Commission Expires January 31,2010
STATE OF MINNESOTA
COUNTY OF
DENISE DIANE CHRISTENSEN
NOTARY PUBLIC• MINNESOTA
My Commission Expires Jan. 31, 2009 •
, 2008, by
The foregoing instrument was acknowledged before me this
Zeng, wife of Michael Zheng.
Notary Public
STATE OF MINNESOTA
COUNTY OF er-ntptiyu
The foregoing instrument was acknowledged before me this 11 day of Mal , 2008, by Karl
R Florida husband of Laura K Florida.
N-IYIOAAA
Notary Public
7)
The foregoing instrument was acknowledged before me this LI day of
Laura K Florida, wife of Karl R Florida
Notary Public
DENISE DIANE CHRISTENSEN
NOTARY PUBLIC - MINNESOTA
My Commission Expires Jan. 31, 2009
day of
)ss.
DENISE DIANE CHRISTENSEN
NOTARY PUBLIC MINNESOTA
My Commission Expires Jan. 31, 2009
STATE OF MINNESOTA
)ss.
COUNTY OF
The foregoing instrument was acknowledged before me this
Justin D. Patten, husband of Lane C. Patten
STATE OF MINNESOTA
COUNTY OF
The foregoing instrument was acknowledged before me this'"? day of
Lane C. Patten, wife of Justin D. Patten
Notary Public
IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to
be executed as of the day and year aforesaid.
GRANTEE
By:
By:
CITY OF EDEN PRAIRIE
Phil Young, Mayor
Scott H. Neal, City Manager
STATE OF MINNESOTA )
SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
2007, by Phil Young and Scott H. Neal, respectively the Mayor and the City Manager of the City
of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
EXHIBIT A
EASEMENT AMENDMENT DIAGRAM
Proposed —
Exception to
Conservation
Easement L Rear
Lot line
P.O.B.
Exception to
Conservation
Easement
2007 Final Delineated
Wetland Boundary
OUTLOT B
Edge of
Existing
Conservation
Easement
6
1
S63 °55 .57_:11V • — 24.19
Edge of
Existing
Conservation
r— Easement
989.25'49W
512.72
P.O.B.--i
Conservation
Easement
60
120
Mill= Place
13.11c 02/01/08 Sheet 2 OF 2
2000113899W1NE.th
I W
Exception to
Conservation/Scenic
Easement
Exhibit "A"
Wartmed Mimlonal Ungkom
NM Amman, PM
Rim RM. fati
MON! 9MM740:1
MX 9MISMOM
TOWNS 1441/4150
weramtomMomm
Prepared ton
CIty of Eden Prairie
80130 Mitchell Road
Wm Prairie, Mbotearea, 55344
creme CWM
pp. DAB
asiguandevez
Eden Prairie, Minnesota
CITY COUNCIL AGENDA
SECTION: Consent
DATE:
May 20, 2008
DEPARTMENT/DIVISION:
Cliff Cracauer
Public Works/Fleet Division
ITEM DESCRIPTION:
Auction of Surplus Vehicles and
Equipment
ITEM NO.: VIII.H.
Requested Action
Move to: Approve the auction of surplus vehicles at Minneapolis Auto Auction.
Synopsis
The City of Eden Prairie Fleet Services manages the auction of surplus vehicles and equipment.
As part of Hennepin County Cooperative Purchasing, Fleet Services has contracted with
Minnesota Auto Auction to sell our surplus vehicles at two (2) Public Auctions. The proceeds
from the auction of equipment are returned to the Equipment Fund for future vehicle and
equipment purchases.
Attachments
• List of vehicles to be auctioned
Unit Year Plate
Mfg.Unit Serial Number Spec - Vehicle
Make
Spec - Vehicle
Model
License
City of Eden Prairie Fleet Services
Page:
Unit Report
1 of 1
05/06/08 at 1:54 PM CentralDate:
Custom Unit Listing
NA Pro 65 IIITarget Concrete Sa106 (Equipment) current
178-8111994 L80001FDYK82E0RVA47254Ford164 (Heavy Truck) current
GHC-1342001 Crown Victoria2FAFP71W41X163485Ford229 (Automobiles) current
POLICE2004 Crown Victoria2FAHP71W94X120449Ford247 (Automobiles) current
POLICE2004 Crown Victoria2FAHP71W44X171518Ford251 (Automobiles) current
POLICE2004 Crown Victoria2FAHP71W24X171517Ford252 (Automobiles) current
POLICE2004 Crown Victoria2FAHP71WO4X171516Ford253 (Automobiles) current
POLICE2005 Crown Victoria2FAHP71W55X131532Ford255 (Automobiles) current
2005 F1501FTRX14W65FA98589Ford263 (Light Truck) current
928-2242004 Cherokee1J4GW48S64C400217Jeep266 (S.U.V.) current
JCD-1642002 Impala2G1WF52E929296684Chevrolet270 (Automobiles) current
2002 CK157531GCEK19V22Z271001Chevrolet350 (Light Truck) current
FIRE2001 Expedition1FMRU16W41LB19369Ford359 (S.U.V.) current
None1992 5220AJJJF1021894Case International450 (Heavy Equipment) current
NA2001 580D210000138Toro476 (Equipment) current
None1999 MT5T-1516MT5T-1516 Trackless482 (Equipment) current
905-9022000 Sierra 35001GTHK34J2YF487213GMC721 (Light Truck) current
905-9232000 25001GCGK29R1YF499194Chevrolet724 (Light Truck) current
918-0421999 Intrepid2B3HD46RXXH713239Dodge901 (Automobiles) current
918-0581999 Intrepid2B3HD46R8XH713238Dodge902 (Automobiles) current
Dossier Maintenance Software DWR1050A-080506
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
May 20, 2008
DEPARTMENT/DIVISION:
Eugene A. Dietz
Public Works
ITEM DESCRIPTION:
Renewal of Midwest Asphalt Land
Alteration Permit
ITEM NO.: VIII.I.
Requested Action
Move to: Renew the Land Alteration Permit (including operation conditions in Addendum A)
for Midwest Asphalt for 2008 – 2010.
Synopsis
Since 1996, operations at Midwest Asphalt, 6401 Industrial Drive, have been regulated by a two-
year renewable Land Alteration Permit. Addendum A to the permit regulates uses and
operations of the non-conforming asphalt plant which is located in the Industrial-General Zoning
District. The operation is in conformance with the terms of the permit and staff recommends
approval.
Background Information
In 1994, the City began negotiations with Midwest Asphalt on a Land Alteration Permit to
regulate use of the property. The negotiations concluded with approval of a permit and
addendum in 1996. The Addendum contains conditions which regulate the hours of operation,
prohibits crushing activity during June, July and August, and outlines enforcement procedures in
a renewal process. The permit and addendum have been renewed in 1998, 2002, 2004 and 2006.
The permit language states in part:
“The City Council’s determination upon renewal shall be reasonable and based on
legally sufficient reasons with a proper factual basis. Such factual basis shall be set
forth in findings of fact by the Council. The absence of violations shall constitute prima
facie basis for renewal.”
Since no complaints about the operations have been received by the City during the past two
years, staff recommends that the permit be renewed for another two years.
Attachments
• Permit renewal application
MIDWEST
SPHALT
IMF
ORPORATION
An Equal Opportunity Employer
AM/ WW1
111111•1 AEI
NATIONAL ASPHALT
PAVEMENT ASSOCIATION
P.O. BOX 5477 • HOPKINS, MINNESOTA • 55343
PHONE: (952) 937-8033 • FAX: (952) 937-6910
May 8, 2008
Gene Dietz
Director of Public Works
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Re: Renewal of Land Alteration Permit 2008 —2010
Dear Gene:
Enclosed please find our application to renew the land alteration permit for our site at
6401 Industrial Drive. Addendum A, as well as the grading plan, are the same as those
used in the last five renewals. There have been no changes in our operations since the last
renewal.
Thank you for your assistance. Please call me if there are any questions.
Very Truly Yours,
Blaine M. Johnson
President
PROJECT NAME: MIDWEST ASPHALT 2 YEAR PERAHT EXTENSION
ff ." PPILIT...."1:011111t...EE"IVEE))
CITY OF EDEN PRAIRIE
8080 MITCHELL ROAD
EDEN PRAnuE, MN 55344 PERMIT #08-
952-949-8330
CITY OF EDEN PRAIRIE
APPL ICA.TION FOR RELEASE OF LAND ALTERATION PERMIT ..
L APPLICANT INFORMATION
APPLICANT
Company Name: MIDWEST ASPHALT Address: PO Box 5477
Contact Name: Blaine Johnson E-mail address: blainejohnson@rnidwestasphaltnet
Phone: 952-937-8033 City/State: Hopkins, MN 55343
PROPERTY OWNER
Company Name: SAME Address:
Contact Name: E-mail address:
Phone: City/State:
CONTRACTOR PERFORMING WORK
Company Name: N/A Address:
Contact Name: E-mail address:
Phone: City/State:
DESIGN PROFESSIONAL PERFORMING SITE INSPECTIONS*
Company Name: N/A Address:
Contact Name: E-mail address:
Phone: City/State:
* The above design professional retained by the Developer/Owner to perform the monitoring of the Project shall be responsible for all
monitoring, data entry and reporting to the PenniTrack ESC web-based website (littp://portal.sehinc.com ) for the erosion and sediment
permit tracking program utilized by the City.
IL PROJECT/PROPERTY DESCRIPTION
Location: 3-116-22-22-0033 & SEE EXHIBIT A Size of Site: 8 ACRES
Estimated Volume of Earth Moved: N/A Number of Disturbed Acres: 8 ACRES
Estimated Cost of Land Alteration: N/A Proposed Use: ASPHALT PLANT OPERATIONS
Proposed Start Date: 3-1-08 Proposed Completion Date: 3-1-10
Note: When you pay by check, the City of Eden Prairie will present the check for payment to your bank
electronically. Your original check will be destroyed once processed and you will not receive your cancelled check
back.
c'
(Applicant) Signature
CITY OF EDEN PRAIRIE
8080 MITCHELL ROA()
EDEN PRAIRIE, MN 55344
PERMIT #08-
952-949-8330
III. MATERIALS TO BE INCLUDED WITH APPLICATION:
A. One full size copy of plans and specifications showing topography, grading, erosion control systems and restoration. Map to
include location of building pads, stockpiles, Stormwater Facilities and finished grading.
C. Executed copy of contract documents for grading work, including excavation and restoration.
D. Written project schedule and sequence of construction activities.
E. Copies of all applicable permits from other permitting authorities- i.e., Watershed Districts, MPCA, DNR, etc.
F. Copy of Storm Water Pollution Prevention Plan (SWPPP) and/or Runoff Management Plan (RMP), if required.
IV. EROSION CONTROL INSTALLATION tfir INSPECTION
V. FINANCIAL SECURITY INFORMATION
Type of Financial Surety: N/A Provided By:
Permit Surety Amount: Surety No.
Permit Fee Amount: Surety Expiration Date:
Receipt No.:
I hereby apply for a Land Alteration Permit and I acknowledge that the information provided is complete and accurate. I understand and
hereby agree that the work for which the permit is issued shall be performed according to the following: (1) the conditions of this permit,
(2) the approved plans and specifications, (3) applicable City approvals, ordinances and codes, and (4) the State building code. I
understand that the Permit will expire, and become null and void, if work is not started with 180 days of signature or if Land Alteration
stops and is abandoned for a period of thirty (30) days prior to completing the Land Alteration. I understand that I am responsible for
ensuring that all required inspections are completed in conformance with City code ryquirennAns.
This permit is hereby released by the City of Eden Prairie on , subject to the conditions of
City Code Sect. 11.55 and any Special Conditions attached.
(City) Signature
This permit is permissive only and does not release the Permittee from any liability or obligation imposed by Minnesota Statute,
Federal Law, State Agency Rules or the requirements of other agencies with regulatory authority.
INFORMATION BELOW THIS INE FOR CITY USE ONLY
VI. PROJECT COMPLETION / RELEASE OF FINANCIAL SECURITY
Date Final Certification From Design Profession Received:
Date Final Stabilization Completed: / Date Erosion Control Systems Removed:
Date of Final Inspection By City: / Date Surety Released:
SPECIAL CONDITIONS:
Page 2 of 2
•
EXHIBIT A
LEGAL DESCRIPTION FOR THE PROPERTY
That port of the Northwest Quarter of Section 3, Township 116,
Range 22. described as commencing at the Southwest corner' of
the sold Northwest Quarter; ,thence North along the West line of
the said Northwest Quarter 488.42 feet; thence deflecting to. the
right 28 degrees 21 minutes 30 seconds a distance of 1153.5 feet
to the point .of beginning; thence Southwesterly along the sold
lost described course to the West fine pf the sold Northwest
Quarter; thence North along the said West line 296.81 feet: thence
deflecting to the right 43 degrees 45 minutes 30 seconds a distance
of 150.24 feet; thence on a curve to the left, having a radius of
2814.79 feet Ond a delta angle of 15 degrees 24 minutes, a distance
_of 756.57. feet to .the. point of beginning,- exce1:4---thot-part -thereof
described as follows: Commencing at the Southwest corner of the
Northwest Quartet of Section 3, Township 116, Range 22: thence
In a Northerly direction along. the -West line of said Northwest
Quarter having an assumed bearing of North 0 degrees 44 minutes
30 seconds West a distance of 488.21 feet to the actual point of
beginning of the area to be described; thence continuing Citing
West line of said Northwest Quarter having an assumed bearing
of North 0 degrees 44 minutes 30 seconds west a distance of
237.30. feet; .thence South 23 degrees 06 minutes 12 seconds East
distance of 28.86 feet; thence Easterly a distance of 112.22 feet
to its intersection with the West right-of-way line of the Chicago
and Northwestern Railroad along a curve concave to the South
and not tangent with the last described line, said curve hoe a radius
of 335.00 feet, a centrol. angle of 19 degrees 11 minutes 34 seconds
and the chord of said curve bears North 81 degrees 37 minutes
51 seconds Lost, thence Southerly along the West right-.-of-way
line of the sold railrood hoving a bearing of South 27 degrees 37
minutes West a distance of 266.18 feet to the actual point of
beginnina and there terminating.
Subject to on easement in favor of Dennis D. Crawley and Dorothy
A. Crawley, husband and wife, over that port of the Northwest
Quarter of said Section 3, described as commencing at the
Southwest comer of said Northwest Quarter; thence North along
the West line thereof 488,42 feet to the point of beginning; thence
deflecting to the right 28 degrees 21 minutes' 30 seconds a distance
of 264.13 feet; thence deflecting to the left 95 degrees a. distance of
50.19 feet; thence deeecting to the left 85 degrees a distance of
167.13 feet to the West tide of sold NCrthwest Quarter: thence South
along sold West line 105.27....feet...to-tbe.point of beginning,. as. shown in decd Doc. t4o; 745509. IFRes of Registrar of Titles. .
MS MO_
4-2000
. ADDENDUM A
SPECIAL CONDITIONS TO LAND ALTERATION PERMIT RENEWAL OF
MIDWEST ASPHALT CORPORATION
The following special permit conditions apply to the property identified on Exhibit A
•hereto (hereinafter, the "Runtl Property') and to Tract, /3, RLS 1280 solely as to
paragraphs 2, 3, 4, 6, and 7.
1. Applicant (MWA) shall complete the following items a-d:
a. ' Insure plant growth on exterior face of betm;
b. Erosion control shall be maintained as needed along entire outside
perimeter of the berm. MWA shall conform to the Erosion Control Policy
dated August 1, 1997, attached hereto as Addendum B.
laslaineelefiatimatakrigiiiiisebbieborml
Robusta Poplar, White Poplar, Green
xelder) on the berm
planted trees. Sal
year 2000 as weather conditions nem
2. Crushing operations shall comply with the following requirements:
a. No crushing shall take place during June, July and Augus4
b. No crushing shall take place on Saturdays during May and September;
c. During the remainder of any year crushing is allowed only from 7:00 a.m.
to 7:00 p.m. Monday through Saturday.
3. Asphalt plant operations shall comply with the following requirements:
a. The asphalt plant may operate year round from 7:00 a.m. to 7:00 p.m.,
Monday through Saturday, provided, however, asphalt plant operations
shall be allowed during May through September from 7:00 a.m. to 9:00
p.m. ten (10) days per year and from 7:00 a.m. to 800 p.m. forty-five (4$)
days per year only upon prior written or facsimile notice from MWA to the
City.
ICAAdministradonlAgenda PreparadorACity Council Agenda Packet ltems‘2000‘4-18-0CAUngineeringtMi4weat Asphalt Permit &
Addendum.doc
Maple, or
to the light rail corn
corridor. In addition to
Installed in betw
'teen
Chief Road east
feet paralleling the
3 foot hiih bushes are to be
of trees and bushes is
nsistent
4. Noise regulations:
a. MWA shall conduct all operations so as to comply with City Code in effect
as of September 6,1995, as well as Minnesota Pollution Control Agency
(MPCA) noise regulations.
5. Rural Property:
a. Activities not permitted under the City's zoning code shall not be .
conducted on the Rural Property. This provision shall not prohibit the
MWA fiord utilizing the inside face of the berm as a stockpile for activities
on Tract E, RLS 1280.
6. Enforcement:
a. _ If City staff believes that a violation is occurring, it shall notify MWA in
writing. MWA shall be given seven (7) business days from receipt of the
notice to respond, dispute, or cure the alleged violation. If City staff
remains of the opinion that a violation has occurred it may then refer the
matter to the City Clerk to initiate the enforcement process set forth below.
Failure to comply with any of the requirements of paragraph 1(b)-(h) shall
not be considered violations-if the same are cured within twenty (20) days
of such notice or such longer period of time as may be required because of
weather and seasonal conditions, in which case the item must be cured
withing twenty (20) day g of such notice or such longer period of time as
may reasonably be required to cure the failure to comply. Each day that a
violation occurs or continues to occur shall constitute a separate violation.
b. Notice of a hearing -for revocation of this permit shall be given by the City
Clerk in writing, setting forth specifically the grounds of complaint and the
time and place of heiring. Such notice shall be sent by certified mail to
MWA and the hearing must be at least twenty (20) days after receipt.of the
notice by MWA.
c. Even if the violations have been cured prior to the Council hearing, upon
the fourth violation of paragraph 4 and the third violation of all other
provisions of this permit occurring within a twelve month period, the
Council may take such action as it deems appropriate, including actions
referred to in paragraph 6(e).
A hearing on revocation of this permit on account of four (4) violations of
paragraph 4 within a twelve month period shall be conducted by alrearin' g
officer from the State Administrative Hearings Office unless otherwise
mutually agreed to by legal counsel for the parties. The City and MWA
shall be entitled to appear at the hearing and present facts and reasons why
the permit should or should not be revoked or whether some other jemedy
is appropriate. The hearing officer shall submit recommendation(s) in
writing to the City Council (with a copy to MWA), supported by legally
sufficient facts and reasons. 'The City and MWA shall share equally the
costs of the hearing officer's service.
1::nAdministntionAAgemda Pt:cpantliotACity Council Agenda Packet itcms1200041-18-0018neneering‘hii4west Asphalt Permit &
Addendum.doc
• •-••••41
e. If the Council determines based on legally sufficient reasons with a proper
factual basis that the requisite number of violations established in
paragraph 6(o) have occurred ,the Council may:
1. Specifically enforce this permit; or
2. Collect on any bond or other security applicable to the Property to
the extent necessary to correct the violation; or . .
3. Enjoin further operations on the Rural Property that violate this
permit or the City Code; or
4. Revoke this permit.
MWA retains its right to appeal the decision of the Council to District
Court. In such proceedings the losing party shall pay the prevailing party's
costs and attorneys' fees.
g. Tithe permit is revoked or voluntarily relinquished, MWA shall
nevertheless remain bound by the provisions ofparagraph 1 for the
remainder of the term set forth in paragraph 7(a); provided, however, that
MWA shall no longer be allowed to utilize the berm constructed pursuant
to paragraph 1(a) as a stockpile for the remainder of said term; provided
further, however, that MWA's nonconforming use rights as ofSeptember
6,1995 as to actB, RLS 1280 shall be unaffected by the revocation or
voluntary relinquishment
7. Renewal, Nonrenewal, and Voluntary Relinquishment:
a. This permit shall remain in full force and effect until March 1, 2002.
Any application forrenewal shall be made no earlier than six months and
no later than three months prior to its expiration.
b. The City Cotincirs determination on non-renewal shall be reasonable and
based on legally sufficient reasons with a proper factual basis. Such
factual basis shall be set forth in findings of fact adopted by the Council.
The absence of:violations shall constitute prima facie basis for renewal.
c. MWA may voluntarily relinquish its rights and responsibilities under this
permit at any time by written notice to the City Manager; provided,
however, a voluntary relinquishment shall not alter the terms of
paragraph 6(g).
•d. In the event that MWA voluntarily, relinquishes this permit, does not
apply for a renewal or the City determines not to renew the permit, the
parties shall return to the siatmAlloi0; that is both the City and MWA
shall be returned to their legal position which existed prior to the issuance
of this permit.
KAAdministrationNAgenda Preparation•dty Council Agenda Packet ItemsN2000144 84KAEnginecting1Midwest AsphaltVennit &
Addenduradoc
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SITE PLAN
EDEN PRAIRIE PLANT
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
May 20, 2008
DEPARTMENT/DIVISION:
Rod Rue
Public Works / Engineering
ITEM DESCRIPTION:
Approve Change Order No. 1 for
Washington Avenue Lift Station
ITEM NO.: VIII.J.
Requested Action
Move to: Approve Change Order No. 1 for Washington Avenue Lift Station Project
(Park Construction), in the amount of $3,343.
Synopsis
This Change Order includes payment for extra work associated with providing materials and
labor costs for installing new vent pipe, patching and re-coring new and existing holes. Also
installation of new skirt for control panel, installing new fittings and piping for valve manhole,
and modification of two-inch (2”) air release and ball valve.
Background Information
The existing lift station was a factory-built package station placed in service over 30 years ago.
It was in poor condition and repair parts were unavailable. The reconstruction of this lift station
was awarded to Park Construction on December 3, 2007, at a cost of $113,405. With the
approval of this Change Order, the contract amount will be $116,748. The majority of the
project has been completed, with minor landscape restoration remaining.
Attachments
• Change Order No. 1
• I II Engineering • Surveying
) ;) Landscape Architecture
TRANSMITTAL LETTER
Date: 4/25/08
Project No..: 05-029
To: Rod Rue - Engineering
Company: City of Eden Prairie
Address: 8080 Mitchell Road
Eden Prairie, MN 55344
Phone:
Re: Washington Lift Station - Change Order #1
Messenger: 0
LI
El
El
0
El
Contents sent via: 0 Drop off
Pick-up
Mail
Express = Noon
Next Afternoon =3 pm
2nd Day = 5pm on 2nd day
Direct
1 Hour
90 Min.
2 Hour
3 Hour
Same Day
Copies:
Dated:
Description:
3
Change Order #1
Comments: Please Process.
Copy: file Signed: Ted Anderson
7510 Market Place Drive
Eden Prairie, MN 55344
Phone: 952-829-0700
Fax: 952-829-7806
tandersona,htpacom
CHANGE ORDER #1
Date:
To:
City Project No.:
Project Name:
Contractor:
Engineer:
4/22/2008
City of Eden Prairie
I.C. 06-5685
Washington Ave. Lift Station
Park Construction
Hansen Thorp Pellinen Olson Inc.
Nature of Changes:
1. Remove vent pipe, core drill manhole and add new vent pipe.
2. Cut and patch holes for pipe realignment in valve manhole.
3. Furnish and install skirt for the control panel.
4. Extra fittings and installation for piping in the valve manhole.
5. Modification of the 2" air release and ball valve.
Adjustments to Contract Price:
1. Material and labor costs to install vent pipe
2. Material and labor costs to install new holes
3. Material and labor costs to install skirt
4. Material and labor costs for fittings and installation
5. Material and labor costs for air release
Summary of Contract Changes:
Original Contract Amount
Net Increase resulting from Change Order #1
Current Contract Amount including
Change Order #1:
$ 1,459.00
423.00
550.00
611.00
300.00
$ 3,343.00
$ 113,405.00
$ 3,343.00
$ 116,748.00
THE ABOVE CHANGES ARE APPROVED:
Hansen Thorp Pellinen Olson, Inc. City of Eden Prairie
By By
Date Date
THE ABOVE CHANGES ARE ACCEPTED:
Park Construe /4ior
Date ca2VOY
Park ConstructiiM
By
CHANGE ORDER #1
Date:
To:
City Project No.:
Project Name:
Contractor:
Engineer:
4/22/2008
City of Eden Prairie
I.C. 06-5685
Washington Ave. Lift Station
Park Construction
Hansen Thorp Pellinen Olson Inc.
Nature of Changes:
1. Remove vent pipe, core drill manhole and add new vent pipe.
2. Cut and patch holes for pipe realignment in valve manhole.
3. Furnish and install skirt for the control panel.
4. Extra fittings and installation for piping in the valve manhole.
5. Modification of the 2" air release and ball valve.
Adjustments to Contract Price:
1. Material and labor costs to install vent pipe
2. Material and labor costs to install new holes
3. Material and labor costs to install skirt
4. Material and labor costs for fittings and installation
5. Material and labor costs for air release
Summary of Contract Changes:
Original Contract Amount
Net Increase resulting from Change Order #1
Current Contract Amount including
Change Order #1:
$ 1,459.00
423.00
550.00
611.00
300.00
$ 3,343.00
$ 113,405.00
$ 3,343.00
$ 116,748.00
THE ABOVE CHANGES ARE APPROVED:
Hansen Thorp Pellinen Olson, Inc. City of Eden Prairie
By By
Date 4 Date
THE ABOVE CHANGES ARE ACCEPTED:
Date
CHANGE ORDER #1
Date:
To:
City Project No.:
Project Name:
Contractor:
Engineer:
4/22/2008
City of Eden Prairie
I.C. 06-5685
Washington Ave. Lift Station
Park Construction
Hansen Thorp Pellinen Olson Inc.
Nature of Changes:
1. Remove vent pipe, core drill manhole and add new vent pipe.
2. Cut and patch holes for pipe realignment in valve manhole.
3. Furnish and install skirt for the control panel.
4. Extra fittings and installation for piping in the valve manhole.
5. Modification of the 2" air release and ball valve.
Adjustments to Contract Price:
1. Material and labor costs to install vent pipe
2. Material and labor costs to install new holes
3. Material and labor costs to install skirt
4. Material and labor costs for fittings and installation
5. Material and labor costs for air release
Summary of Contract Changes:
Original Contract Amount
Net Increase resulting from Change Order #1
Current Contract Amount including
Change Order #1:
$ 1,459.00
423.00
550.00
611.00
300.00
$ 3,343.00
$ 113,405.00
$ 3,343.00
$ 116,748.00
THE ABOVE CHANGES ARE APPROVED:
Hansen Thorp Pellinen Olson, Inc. City of Eden Prairie
By ./se,//4-/W-Id-,,z„/,,,- By
Date 1 - Date
THE ABOVE CHANGES ARE ACCEPTED:
Park Constructip
By
Date
CITY COUNCIL AGENDA
SECTION: Consent Agenda
DATE:
May 20, 2008
DEPARTMENT/DIVISION:
Scott H. Neal, City Manager
ITEM DESCRIPTION:
Eden Prairie Firefighter Relief Association
Bylaws
ITEM NO.: VIII.K.
Requested Action
Move to: Approve revised bylaws of the Eden Prairie Firefighter Relief Association.
Synopsis
The Eden Prairie Firefighter Relief Association revised its bylaws in order to comply with
relevant provisions of chapter § 424A.001 et seq. of the Minnesota Statutes.
Background
In addition to grammatical and typographical revisions, the Eden Prairie Firefighter Relief
Association made substantive changes to Article IV and Article XIII of its bylaws.
Article IV, Section 2, entitled “Application for Membership”, was revised so as to comply with
Minn. Stat. § 424A.01, subdv. 4, which provides that membership may be denied only if (1) the
member is under the age of 18, or (2) has a medically determinable physical or mental
impairment or condition that would constitute a predictable risk of imposing liability or an
ancillary benefit at any age earlier than the minimum age allowed for receipt of a service
pension.
Article XIII, entitled “Supplemental Benefit”, was revised so as to comply with Minn. Stat. §
424A.10, subdv. 2, which provides upon payment of a lump-sum distribution buy the Relief
Association, it must pay the qualified recipient a supplemental benefit that equals ten (10%)
percent of the regular lump sum distribution that is paid. However, in no case shall the
supplemental benefit exceed $1,000.00.
Attachments
Revised Bylaws
P:\Home\1156.001\2008 05 14 - Council Agenda.doc
Eden Prairie
Firefighter
Relief Association
Bylaws
Formatted: Justified
i
TABLE OF CONTENTS PAGE
ARTICLE I - NAME ....................................................................................................................................................... 1
ARTICLE II - PURPOSE ............................................................................................................................................... 1
ARTICLE III - GENERAL DEFINITIONS ................................................................................................................ 2
1. SURVIVING SPOUSE ............................................................................................................................................. 2
2. FIDUCIARY RESPONSIBILITY ................................................................................................................................ 2
3. BENEFICIARY ....................................................................................................................................................... 2
4. BOARD OF TRUSTEES .......................................................................................................................................... 2
5. CALCULATION OF QUALIFYING YEARS .............................................................................................................. 2
6. BREAK IN SERVICE .............................................................................................................................................. 2
7. YEARS OF ACTIVE SERVICE ................................................................................................................................ 3
8. ACTIVE SERVICE ................................................................................................................................................. 3
9. TRUSTEES ............................................................................................................................................................ 3
10. DOMESTIC RELATIONS ORDER ....................................................................................................................... 3
ARTICLE IV - MEMBERSHIP .................................................................................................................................... 4
1. QUALIFICATION FOR MEMBERSHIP ..................................................................................................................... 4
2. APPLICATION FOR MEMBERSHIP ......................................................................................................................... 4
3. TERMINATION OF MEMBERSHIP .......................................................................................................................... 4
4. CATEGORIES OF MEMBERSHIP ............................................................................................................................ 4
5. VOTING PRIVILEGES ..................................................................................................................................... 5554
ARTICLE V - BOARD OF TRUSTEES ................................................................................................................ 6665
1. COMPOSITION OF BOARD .............................................................................................................................. 6665
2. TERMS OF REGULAR TRUSTEES .................................................................................................................... 6665
3. OFFICERS OF BOARD ..................................................................................................................................... 6665
4. REMOVAL OF TRUSTEE OR OFFICER ............................................................................................................. 6665
ARTICLE VI - DUTIES OF OFFICERS .............................................................................................................. 7776
1. PRESIDENT ..................................................................................................................................................... 7776
2. VICE-PRESIDENT ........................................................................................................................................... 7776
3. SECRETARY ................................................................................................................................................... 7776
4. TREASURER ................................................................................................................................................... 7776
ARTICLE VII - MEETINGS .................................................................................................................................. 9998
1. ANNUAL MEETING ........................................................................................................................................ 9998
2. REGULAR MEETINGS OF THE BOARD OF TRUSTEES ...................................................................................... 9998
3. SPECIAL MEETINGS OF THE ASSOCIATION OR BOARD .................................................................................. 9998
4. QUORUM ........................................................................................................................................................ 9998
5. REPORTS AND RESOLUTIONS ........................................................................................................................ 9998
6. ADOPTION OF ROBERT'S RULES .................................................................................................................... 9998
7. ORDER OF BUSINESS ..................................................................................................................................... 9998
8. LOCATION ............................................................................................................................................... 1010109
9. NOTICE .................................................................................................................................................... 1010109
ARTICLE VIII - INVESTMENTS ................................................................................................................. 11111110
1. TRUSTEES’ DUTIES ................................................................................................................................ 11111110
2. RESPONSIBILITIES OF TRUSTEES ........................................................................................................... 11111110
3. INVESTMENT COMMITTEE ..................................................................................................................... 11111110
4. RESTRICTIONS TO BROKERS .................................................................................................................. 11111110
5. EDUCATION PLAN ................................................................................................................................. 11111110
Formatted: Justified
ii
ARTICLE IX - PENSION BENEFITS ........................................................................................................... 12121211
1. ACTIVE DUTY AND AGE REQUIREMENTS ............................................................................................. 12121211
2. DEFERRED MEMBER .............................................................................................................................. 12121211
3. PENSION BENEFIT .................................................................................................................................. 12121211
4. DEFINITION OF ACTIVE FIREFIGHTER ................................................................................................... 13131312
5. FUTURE INCREASES IN BENEFITS .......................................................................................................... 13131312
6. APPLICATION FOR MONTHLY OR LUMP SUM BENEFIT ......................................................................... 13131312
7. APPROVAL ............................................................................................................................................. 13131312
8. NOTICE OF INTENT TO RETIRE .............................................................................................................. 14141413
ARTICLE X - ANCILLARY BENEFITS ...................................................................................................... 15151514
1. ELIGIBILITY ........................................................................................................................................... 15151514
2. DISABILITY DEFINED ............................................................................................................................ 15151514
3. REPORTS REQUIRED .............................................................................................................................. 15151514
4. DISABILITY OR PENSION BENEFITS ....................................................................................................... 15151514
5. PROOF OF DISABILITY ........................................................................................................................... 15151514
6. GRIEVANCE PROCEDURE ....................................................................................................................... 15151514
7. CALCULATION OF BENEFIT ................................................................................................................... 15151514
8. ENTITLEMENT TO FUTURE INCREASES .................................................................................................. 16161615
ARTICLE XI - DEATH BENEFIT................................................................................................................. 17171716
1. ENTITLEMENT TO BENEFIT .................................................................................................................... 17171716
2. TERMINATION OF CHILDREN'S BENEFIT................................................................................................ 17171716
3. ENTITLEMENT TO FUTURE INCREASES .................................................................................................. 17171716
ARTICLE XII - APPLICATION FOR DISABILITY AND DEATH BENEFITS ................................... 18181817
1. DISABILITY BENEFIT APPLICATION ...................................................................................................... 18181817
2. DEATH BENEFIT APPLICATION .............................................................................................................. 18181817
3. ACTION ON APPLICATIONS .................................................................................................................... 18181817
ARTICLE XIII - FUNDS ................................................................................................................................. 20191918
1. ALLOCATION ......................................................................................................................................... 20191918
2. GENERAL FUND ..................................................................................................................................... 20191918
3. SPECIAL FUND ....................................................................................................................................... 20191918
4. METHOD OF DISBURSEMENT ................................................................................................................. 20191918
5. DEPOSIT OF FUNDS ................................................................................................................................ 20201918
ARTICLE XIV - TIMING AND MODES OF DISTRIBUTION ................................................................ 21212019
1. DISTRIBUTION CHOICES ........................................................................................................................ 21212019
2. IRA ROLLOVER ..................................................................................................................................... 21212019
ARTICLE XV - PROCEDURE FOR REVIEW ........................................................................................... 21212019
1. ENTITLEMENT TO APPEAL ..................................................................................................................... 21212019
2. UN-APPROVED APPLICATION ................................................................................................................ 21212019
3. SPECIAL MEETING FOR APPEAL ............................................................................................................ 21212019
ARTICLE XVI - LIMITS ON BENEFITS .................................................................................................... 22222120
1. DOMESTIC RELATIONS ORDER .............................................................................................................. 22222120
2. GARNISHMENT, JUDGMENT OR LEGAL PROCESS ................................................................................... 22222120
3. ASSIGNMENT OF BENEFITS .................................................................................................................... 22222120
4. LIMITATIONS ON ANCILLARY BENEFITS ............................................................................................... 22222120
5. BENEFIT LIMITATIONS .......................................................................................................................... 22222120
ARTICLE XVII - AMENDMENTS ............................................................................................................... 23232221
1. AMENDING THE BYLAWS ...................................................................................................................... 23232221
iii
ARTICLE XVIII - NOTICE ............................................................................................................................ 23232221
1. AMENDMENT NOTICES .......................................................................................................................... 23232221
ARTICLE XIX - EFFECTIVE DATE ........................................................................................................... 23232221
EPFRA 1
Article I - Name
The name of the relief association shall be the Eden Prairie Firefighter Relief Association.
Article II - Purpose
This instrument constitutes the bylaws of the Eden Prairie Firefighter Relief Association, hereinafter
referred to as “Association,” adopted for the purpose of regulating and managing the internal affairs of
the corporation and shall serve as the written pension plan for the Relief Association. The Association is
a governmental entity that receives and manages public money to provide retirement benefits for
individuals providing the governmental services of fire fighting. The objectives of the plan shall be to
provide service pensions and ancillary benefits to members and dependents of the Eden Prairie
Municipal Fire Department, hereinafter “Fire Department”. These bylaws and federal and state laws
shall govern all benefits issued by this Association.
Formatted: Justified
Formatted: Justified
EPFRA 2
Article III - General Definitions
1. Surviving Spouse
The term “surviving spouse” means any person who was the dependent spouse of a deceased active
member or retired former member living with the member at the time of the death of the active member
or retired former member for at least one year prior to the date on which the member terminated active
service and membership.
2. Fiduciary responsibility
In the discharge of their respective duties, the officers and trustees shall be held to the standard of
care enumerated in Minn. Stat. 11A.09. In addition, the trustees must act in accordance with Minn.
Stat. 356A. No trustee of the Association shall cause the Relief Association to engage in a
transaction, if the Trusteefiduciary knows or should know that a transaction constitutes one of the
following direct or indirect transactions:
a) sale or exchange or leasing of any real property between the Association and a board member;
b) lending of money or other extension of credit between the Association and a board member or
member of the Association;
c) furnishing of goods, services, or facilities between the Association and a board member; or
d) transfer to a board member, or use by or for the benefit of a board member, of any assets of the
Association. Transfer of assets does not mean the payment of Association benefits or
administrative expenses permitted by law.
3. Beneficiary
Any person or estate entitled under this plan to receive a benefit upon the death of a participant.
4. Board of Trustees
The Board of Trustees of the Association as specified under Minn. Stat. 424A.04. There shall be three
ex-officio members. The three ex-officio trustees shall be the mayor, the city clerk, clerk-treasurer or
finance director and the chief of the municipal fire department.
5. Calculation of Qualifying Years
A year of service as an active firefighter for purposes of calculating the service pension shall mean 12
complete months. If a members’ period of service as an active firefighter has not been continuous, parts
of years may be added together to calculate full years. In addition, parts of months may be added
together to calculate full months, provided, however, that in such a calculation it shall be assumed that
30 days equals a full month.
6. Break in Service
Any member returning from a break in service must remain in active service equal in time to the break
in service in order to qualify for any pension increases having occurred during the time of the break in
service. If this requirement is not met prior to the individual’s resignation, the retirement benefits will
revert to those in effect at such time the break in service began. A break in service does not include an
approved leave of absence, pursuant to these bylaws or state law.
Formatted: Justified
Formatted: Justified
EPFRA 3
7. Years of Active Service
For purposes of computing benefits or service pensions payable, a year of service shall be defined as a
period of 12 full months of active service in the fire department.
8. Active Service
The active performance of fire suppression or prevention duties or the supervision of fire
suppression or prevention duties. Performance of such suppression, prevention or supervision shall
not qualify as “active service” unless the firefighter meets all the rules and regulations of the fire
department during such service.
9. Trustees
The individuals designated as such by Minn. Stat. 424A.04 and by virtue of elected or appointed office,
those that qualify as the ex-officio trustee.
10. Domestic Relations Order
Any judgment, decree or order (including approval of a property settlement agreement) that complies
with the provisions of Minn. Stat. 518.58, 518.581 or 518.6111518A.53.
EPFRA 4
Article IV - Membership
1. Qualification for Membership
Any active member in good standing in the fire department shall be eligible to apply for membership
in the Association.
2. Application for Membership
All active members of the Eden Prairie Fire Department are eligible for membership in the Association.
Application for membership shall be made in writing on a form supplied by the Secretary of the
Association and reviewed by the Board of Trustees for compliance with federal/state statutory and plan
requirements within three (3) months becoming of becoming an active member of the fire department.
No applicant may be excluded except if the member is under 18 years of age or has asome medically
determinable physical or mental impairment or condition that would constitute a predictable and
unwarranted risk of imposing liability or an ancillary benefit at any age earlier than the minimum age
specified for receipt of a service pension.Application for membership must be made within 3 months of
becoming an active member of the fire department. The Board may defer consideration of the
application until such time as the Board has received all information, which it deems appropriate for
consideration of the application.
3. Termination of Membership
Any member may be expelled from the Association for cause uponby a two-thirds vote of all members
present at a regular or special meeting of the general membership, upon the occurrence of any of the
following events:Membership in the Association terminates upon the occurrence of any of the following
events:
a) Termination or resignation from membership in the fire department prior to completion of
the number of years as an active firefighter required for a service pension under these bylaws.
b) Failure to comply with any provisions of these bylaws or any duly adopted rules and
regulations of the association.
c) Any other good cause for termination of membership as determined by the Board of
Trustees. The member shall have the right to a hearing before a quorum of the Board of
Trustees. Written notice via registered mail will be sent to the individual at least ten (10) day
prior to the hearing.
4. Categories of Membership
Members of this Association shall be classified in one of four categories: regular, deferred, retired or
disabled. These categories are defined as follows:
a) Active Member: A member of the Association who is also an active firefighter of the fire
department.
b) Deferred Member: A member of the Association who has (i) completed the number of years
as an active firefighter required for a service pension as provided in these bylaws, (ii) has
completed a minimum of ten years as a member in good standing in the Association, and (iii)
has separated from service as an active firefighter before attaining the earliest age for receipt
of a service pension as provided in these bylaws.
c) Retired Member: A member of the Association who is drawing a monthly service pension
Formatted: Justified
Formatted: Justified
Formatted: Justified
EPFRA 5
under applicable statutes and the bylaws of this Association.
d) Disabled Member: A member of this Association who is receiving a disability benefit under
applicable statutes and the bylaws of this Association.
5. Voting privileges
Each member shall be entitled to one vote on any matter voted upon by the membership. Voting by
proxy is not permitted. All votes, unless specified prior to the vote, shall be conducted by a voice
vote. If a majority cannot be determined by voice vote, the Officer in Charge of the vote shall ask
for a show of hands.
EPFRA 6
Article V - Board of Trustees
1. Composition of Board
The Board of Trustees shall be composed of the following:
a) Regular Trustees: Six of the Trustees shall be elected at the annual meeting of the
Association from the Association's active members and shall serve for terms as specified in
this Article, or until their respective successors have been elected. One of the six elected
members of the Board of Trustees may be a retired member, receiving a monthly service
pension, who is elected by the membership of the Association. If there is not a retired
member to fill the position of Trustee, then that position may be filled by an active member.
b) Ex-Officio Trustees: The chief of the fire department, the mayor and the clerk, clerk-treasurer
or finance director shall serve as Ex-Officio Trustees. Ex-Officio Trustees shall have all
rights, duties and responsibilities of regular Trustees, including voting rights.
2. Terms of Regular Trustees
Two Trustees shall be elected for three-year terms at each annual meeting of the Association. If a
vacancy of a trustee position occurs, that position shall be filled by election at a special meeting of
the Association within thirty-one days of becoming vacant. Any trustee elected to fill an un-expired
term shall serve the length of that un-expired term. Any Trustee, upon retirement from the fire
department, must relinquish the trustee's office until an election is held to determine who shall hold
that office.
3. Officers of Board
At the first meeting of the Board of Trustees held after the annual meeting of the members of the
Association, the Board shall elect, from the six regular trustees who have been elected by the
members, a President, Vice-President, Secretary and Treasurer. Each of the officers shall serve for a
term of one year or until the officer's successor has been elected.
4. Removal of Trustee or Officer
Trustee (other than an ex-officio Trustee) may be removed from the office of Trustee for the
following reasons:
a) Breach of the duties of a Trustee as specified in these bylaws.
b) Failure to maintain membership in good standing in the Association or the fire department,
including a suspension from the Association or fire department.
c) Other good cause.
Removal of a Trustee may occur by a vote of two-thirds of those present at a meeting of the
membership. Notice of the meeting at which removal is to be considered shall be given to each
member and shall include the purpose of considering removal. The Trustee shall be given an
opportunity to be heard as to each charge. If the Trustee is removed, a replacement shall be elected
and shall serve for the un-expired portion of the term of the removed Trustee.
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Article VI - Duties of Officers
1. President
The duties of the office of President of the Association are as follows:
a) Attend and preside at all meetings of the Association and of the Board of Trustees.
b) Supervise the affairs of the Association.
c) Take all appropriate steps to enforce the due observance of the Minnesota state and federal laws
that apply to the Association statutes, of the Articles of Incorporation and the bylbylaws.
d) Sign all checks issued by the Treasurer and all other papers, which require the President's
signature.
The President may receive a salary as fixed from time to time by the Board of Trustees, subject to
approval of the Association, and payable from the Special Fund of the Association.
2. Vice-President
The Vice-President's duties shall be as follows:
a) Perform the duties of the President in the President's absence.
b) All other duties assigned to the Vice-President by the President.
3. Secretary
The Secretary of the Association shall have the following duties:
a) Keep a true and accurate record of the proceedings of all meetings of the Association and of
the Board of Trustees.
b) Keep a correct record of all amendments to the Articles of Incorporation and the bylaws.
c) Provide all due notice of special meetings of the Association and the Board of Trustees.
d) Keep a roll of membership, including all information necessary to determine the pension and
benefit status of each member of the Association.
e) Sign all orders for payment issued to the Treasurer, and jointly with the Treasurer, prepare
and file all reports and statements required by law.
The Secretary may receive a salary as fixed from time to time by the Board of Trustees, subject to
approval of the Association, and payable from the Special Fund of the Association.
4. Treasurer
The duties of the Treasurer of the Association are as follows:
a) Keep separate, distinct and complete accounts of the Special and General Funds, including a
detailed statement of the assets and liabilities of each fund. Such accounts and statements
shall be presented at each meeting of the Board of Trustees, and shall be made available to
members prior to the annual meeting of the Association.
b) Jointly with the Secretary, the Treasurer shall prepare and file all reports and statements
required by law.
c) At the expiration of the Treasurer's term of office or the Treasurer's termination from the
position of Treasurer in accordance with these bylaws, whichever occurs first, the Treasurer
shall immediately deliver to the Board of Trustees or the Treasurer's successor in office, all
monies, books, papers, and other items pertaining to the Treasurer's office.
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EPFRA 8
d) Prior to entering upon the duties of office, the Treasurer shall give a bond in such amount and
with such sureties as are required by law and approved by the Board of Trustees, conditioned
upon the faithful discharge of the Treasurer's trust and the faithful performance of the duties
of the Treasurer's office. The premium for this bond shall be paid from the Special Fund of
the Association. The amount of the bond will be equal to at least 10% of the assets of the
Association; however, the amount of the bond need not exceed $500,000.00.
The Treasurer may receive a salary as fixed from time to time by the Board of Trustees, subject to
approval of the Association, and payable from the Special Fund of the Association.
EPFRA 9
Article VII - Meetings
1. Annual Meeting
The annual meeting of the Association, for the election of Trustees and other business, shall be held
on the second Thursday in March, immediately prior to the fire department's business meeting.
2. Regular Meetings of the Board of Trustees
The Board of Trustees shall meet at least six times during each year.
3. Special Meetings of the Association or Board
Special meetings of the Association or of the Board of Trustees may be called by the President or
two members of the Board of Trustees and shall also be called upon written request of six or more
members of the Association. The Secretary shall notify members and trustees of such special
meetings, and the purpose of the meeting shall be contained in such notice.
4. Quorum
A majority of the Board of Trustees then in office, and 30 percent of all members of the Association
shall constitute a quorum for the transaction of business at their respective meetings. Less than a
quorum may adjourn a meeting to a future time, which the Secretary shall make known to the
affected members.
5. Reports and Resolutions
All reports and resolutions shall be submitted in writing and no report shall be accepted unless it is
the report of a majority of a committee, provided, however, that a minority shall be permitted to
present its views in writing.
6. Adoption of Robert's Rules
All meetings of the Association and Board of Trustees shall be conducted according to Robert's
Rules of Order, as revised.
7. Order of Business
The order of business at meetings of the general membership shall be:
a) Call to order.
b) Roll call.
c) Reading of minutes of previous meetings.
d) Reading of reports and minutes of Board of Trustees' meetings.
e) Reports of Officers.
f) Membership applications.
g) Reports of special committees.
h) Unfinished business.
i) Election of Officers or Trustees (annual meeting).
j) New business.
k) Adjournment.
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8. Location
A meeting of the Board of Trustees shall be held at the registered office of the Association in the
City unless notice is made public for another place within the state as designated by the board.
9. Notice
Subject to waiver, a notice of every Board of Trustees’ meeting shall be sent or delivered by the
Secretary to each Trustee, including ex-officio Trustees, at least 5, but not more than 30 days, before
the meeting, excluding the date of the meeting. Such notice shall set forth the date, time, place and
in case of a special meeting, the purpose.
EPFRA 11
Article VIII - Investments
1. Trustees’ Duties
Trustees shall discharge their duties in good faith and with that diligence and care which an
ordinarily prudent person would exercise under similar circumstances. Each Trustee shall become
familiar with the standards of care and the standards of a fiduciary as specified by law.
2. Responsibilities of Trustees
It shall be the duty of the Board of Trustees to prepare modes and plans for the safesale and
profitable investment of the unappropriated funds of the Association, and whenever investments are
made, to investigate and pass upon the securities offered, and to attend to the drawing and execution
of the necessary papers. The Board shall order an audit of the books and accounts of the Secretary
and Treasurer annually, according to law, and shall submit a written report of the condition of the
Association to the members at the annual meeting. The investment of the funds of the Association
shall be in the exclusive control of the Board of Trustees, in conformance with state statutes, the
bylaws and the investment policy attached hereto. The Board of Trustees shall meet with the
Investment Committee. The members of the Board shall act as Trustees with a fiduciary obligation
to the State of Minnesota, to the City of Eden Prairie and the members of the Association.
3. Investment Committee
The investment committee shall consist of the Treasurer, the President and an Ex-officio member, as
well as two or more Association members as designated by the Trustees. The investment committee
shall investigate and make recommendations to the Board of suitable investments for Association
funds among those permitted by State Statutes, the bylaws and the investment policy attached hereto.
4. Restrictions to Brokers
The Board of Trustees shall comply with Minnesota Statutes 356A.06, Subd. 8b that requires the
Relief Association to provide annually to any brokers, a written statement of investment restrictions
pursuant to State Statute or the Investment Policy that apply to the special fund. Upon receipt of the
written statement of investment restrictions, each broker handling investments of the Association
shall acknowledge, in writing annually, the receipt of the investment restrictions. The
acknowledgment shall contain a statement of the brokers’ agreement to handle the Association’s
investments pursuant to the written restrictions.
5. Education Plan
The Board of Trustees shall develop and periodically revise a plan for continuing education for all
members and officers of the Board of Trustees in order to ensure that Trustees keep abreast of their
fiduciary responsibilities.
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Article IX - Pension Benefits
1. Active Duty and Age Requirements
To be eligible to receive a service pension, a member must meet all of the following requirements:
a) Be at least 50 years of age.
b) Has retired from the fire department.Has separated from active service with the fire
department.
c) Has completed at least 10 years of active service with such fire department before retirement.
d) Has been a member of the Association in good standing at least 10 years prior to such
retirement.
2. Deferred Member
A member of the Association, who has performed active service of ten years or more, but has not
reached the age of 50 years, shall be placed on the deferred pension roll of the Association. After
they have reached the age of 50 years, the Association shall, upon their application therefore, pay
their pension from the date the application is approved by the Association. The member shall be
paid the service pension in accordance with Article IX, Section 3.
3. Pension Benefit
Each member is entitled to either a monthly service pension benefit or a lump sum service pension
benefit calculated as follows:
1) Monthly Service Pension:
Effective 01/01/2005 – A monthly service pension shall be calculated by multiplying
$48.00 times each year that the member has been an active firefighter in the Fire
Department and member in good standing of the Relief Association, up to a maximum
pension of $1536.00.
Effective 01/01/2006 – A monthly service pension shall be calculated by multiplying
$50.00 times each year that the member has been an active firefighter in the Fire
Department and member in good standing of the Relief Association, up to a maximum
pension of $1600.00.
Effective 01/01/2007 – A monthly service pension shall be calculated by multiplying
$52.00 times each year that the member has been an active firefighter in the Fire
Department and member in good standing of the Relief Association, up to a maximum
pension of $1664.00.
Effective 01/01/2008 – A monthly service pension shall be calculated by multiplying
$54.00 times each year that the member has been an active firefighter in the Fire
Department and member in good standing of the Relief Association, up to a maximum
pension of $1728.00.
Effective 01/01/2009 – A monthly service pension shall be calculated by multiplying
$56.00 times each year that the member has been an active firefighter in the Fire
Department and member in good standing of the Relief Association, up to a maximum
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EPFRA 13
pension of $1792.00.
2) Lump Sum Service Pension: A lump sum service pension shall be calculated by multiplying
100 times the monthly service pension to which the member would have been entitled.
4. Definition of Active Firefighter
A period of time cannot be used to calculate a monthly or lump sum service pension unless during
the entire period of time the member satisfies the qualification of “active service”, as found in
Article III, paragraph 8 of these bylaws.
5. Future Increases in Benefits
Retired members and deferred members who have credit for at least fifteen years of service as an
active firefighter with the fire department shall receive all approved increases in the monthly service
pension applicable to that member's number of years of active firefighting service. Retired members
who have elected to receive a lump sum pension payment shall not be eligible for any such
increases.
6. Application for Monthly or Lump Sum Benefit
After retirement as an active firefighter with the fire department, a member shall make application
for a service pension to the Board of Trustees. The application shall also include an irrevocable
election by the member of either a monthly service pension or lump sum service pension, but not
both. All applications for pensions shall be submitted to the Board of Trustees at a regular or special
meeting of the Board, and shall contain the following information:
a) The age of the applicant.
b) The period of time the member performed duties as an active firefighter for the fire
department.
c) The member's number of years of membership in good standing of the Association.
d) The date the member retired as an active firefighter from the fire department.
e) Such other and further information as the Board of Trustees may require.
7. Approval
It shall be the duty of the Board of Trustees to approve applications for service pensions if the
applicant meets all of the eligibility requirements set forth in these bylaws. It shall also be the duty
of the Board not to approve the application if any of the eligibility requirements are not met. If an
application is not approved, the Board shall return the application to the applicant within 30 days,
noting thereon, with particularity, which requirements the applicant does not meet. Thereafter, the
applicant shall be furnished with the opportunity to be heard by the full Board in accordance with the
review procedure contained in these bylaws, within the next 30 days, on the question of whether the
applicant meets all the requirements. If the application is approved, the service pension shall be paid
in the manner requested by the applicant pursuant to Article XIV, Timing and Modes of
Distribution.
EPFRA 14
8. Notice of Intent to Retire
It shall be the duty of each member who intends to retire and request a service pension from the
Association, to file a notice of intent to retire. Such notice shall be in writing and shall be filed with
the Secretary not less than 3 months prior to the date of retirement and submission of application for
service pension. Upon receipt of such notice of the intent to retire, the Secretary shall provide any
notices to the applicant as required by state or federal law with respect to pension or benefit
payments.
EPFRA 15
Article X - Ancillary Benefits
1. Eligibility
A member who is disabled from being active in the Fire Department may be eligible for a disability
benefit in lieu of retirement. Upon approval of the Board of Trustees pursuant to this article, the
disability benefits will apply. A member, who is disabled with a fire service related disability, shall
be eligible to collect a disability benefit. The member shall be eligible to receive the disability
benefit immediately upon approval of the Board of Trustees.
2. Disability Defined
Disability is defined as the inability to engage in performance of all essential duties as a firefighter
by reason of a medically determinable physical or psychological impairment that arose out of and is
caused by an injury or sickness incurred in the line of duty and is certified by a physician, surgeon or
chiropractor acceptable to the Board of Trustees, which can be expected to last for a continuous
period of not less than twelve months or can be expected to result in death.
3. Reports Required
No member shall be paid disability benefits except upon the written report of a physician, surgeon or
chiropractor. This report shall set forth the diagnosis and prognosis of the disability, disease or
injury of the member. Each such report shall be filed with the Association.
4. Disability or Pension Benefits
Any such disability benefit paid in accordance with this section shall be in lieu of all rights to further
service pension and survivor’s benefits.
5. Proof of Disability
An applicant shall not be considered under a disability unless the member furnishes adequate proof
of the existence thereof. An applicants’ statement as to pain or other symptoms will not alone be
conclusive evidence of disability as defined in this article.
6. Grievance Procedure
If the applicant for disability benefits feels that he/she has been aggrieved by any action of the
Board, the member shall, within sixty (60) days from notice of such action of the Board, file written
objections and the reasons thereof with the Board and shall be allowed to appeal the determination
pursuant to the review procedure in these bylaws.
7. Calculation of Benefit
In the event a member incurs a disability as defined in this article, the Association shall pay to such
member a monthly disability payment, for the time of such disability. The monthly disability benefit
shall be equal to the monthly service pension to which the member would have been entitled at age
50 without regard to whether the member has attained the minimum number of years of active
firefighting service and Association membership specified by these bylaws.
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EPFRA 16
8. Entitlement to Future Increases
A member currently receiving a disability benefit shall receive all approved increases in the monthly
service pension applicable to that member's number of years of active firefighting service.
EPFRA 17
Article XI - Death Benefit
1. Entitlement to Benefit
In the event of the death of a member of the Association prior to the time when a member (a)
terminates active service with the fire department and status as a general member in the Association;
and (b) commences receipt of the service pension as authorized in these bylaws, the spouse and
surviving children shall be entitled to a benefit calculated as follows:
a) Spousal Benefit: The surviving spouse, if any, shall be paid, until death or remarriage of the
surviving spouse, the sum of two-thirds of the monthly service pension amount to which such
member would have been entitled at age 50 without regard to whether the member had
attained the minimum number of years of active firefighting service and Association
membership specified in these bylaws.
b) Spouse and Surviving Child Benefit: If the member leaves a surviving child or children in
addition to a spouse, such child or children, in the aggregate, shall be paid the sum of one-
third of the monthly service pension amount to which such member would have been entitled
at age 50 without regard to whether the member had attained the minimum number of years
of active firefighting service and Association membership specified in these bylaws.
c) Benefit for Surviving Child Without Surviving Spouse: If the member is survived only by a
child or children, the Association shall pay monthly toward the support of such child or
children, in the aggregate, 100% of the monthly service pension amount to which such
member would have been entitled at age 50 without regard to whether the member had
attained the minimum number of years of active firefighting service and Association
membership specified in these bylaws.
2. Termination of Children's Benefit
Benefit payments to or on behalf of a surviving child shall cease when the child reaches the age of
eighteen or, in the case of any child who furthers his or her education, by attending college or
technical school, when that child graduates with his/her undergraduate degree or technical degree,
quits school, reaches the age of twenty-two, or fails to provide proof of current educational
enrollment, whichever occurs first. Any child furthering his or her education and wishing to qualify
for benefits must produce annually, in a form satisfactory to the Board of Trustees, proof that the
child is a full-time student in a college or trade school.
3. Entitlement to Future Increases
Death benefits payable to a surviving spouse or children shall be increased to the extent that the
monthly service pension is increased for current members who have the same number of active years
of service as the deceased member.
EPFRA 18
Article XII - Application for Disability and Death Benefits
1. Disability Benefit Application
All applications for disability benefits shall be submitted to the Board of Trustees in writing, on
forms furnished by the Secretary, at a regular or special meeting of the Board. The application shall
be accompanied by a certificate from a physician, surgeon or chiropractor setting forth the findings
regarding whether the member has a qualifying disability. The physician, surgeon or chiropractor’s
opinion shall also include findings regarding the nature and probable duration of the illness or injury,
the cause thereof, the length of time the applicant has been and will be unable to perform any of the
essential duties as an active firefighter, and an estimate of the time at which the applicant will be
able to return to the duties as an active fire fighter. The Board of Trustees, in its discretion, may
require an independent medical examination, at the Association's expense, to review the
qualifications of the member for a disability benefit.
2. Death Benefit Application
Applications for benefits by surviving spouses and children shall be submitted to the Board of
Trustees in writing, on forms furnished by the Secretary, at a regular or special meeting of the Board.
The application shall include the date and cause of death, a certified marriage certificate for a
surviving spouse and certified birth certificate for a surviving child, plus such other and further
information as the Board of Trustees deems appropriate.
3. Action on Applications
No disability benefits or death benefits shall be paid until the application therefore has been
approved by a majority vote of the Board of Trustees. Decisions of the Board shall be final as to the
payment of such benefits and shall be based upon the criteria established in these bylaws and
applicable law.
ARTICLE XIII – SUPPLEMENTAL BENEFIT
1. Payment of Supplemental Benefit
Upon the payment by the Association of a lump-sum distribution to a qualified recipient, the
Association must pay a supplemental benefit to the qualified recipient. A qualified recipient is an
individual who receives a lump sum distribution of pension benefits from the Association for service as
a volunteer firefighter. Notwithstanding any law to the contrary, the Association may pay the
supplemental benefit out of its Special Fund. The amount of this benefit equals ten percent (10%) of the
regular lump-sum distribution that is paid on the basis of service as a volunteer firefighter. In no case
may the amount of the supplemental benefit exceed $1,,000.00. 1
1 By February 15 of each year, the Treasurer of the Relief Association shall apply to the Commissioner of Revenue for state
reimbursement of the amount of supplemental benefits paid during the preceding calendar year. By March 15, the
Commissioner shall reimburse the Relief Association for the amount of the supplemental benefits paid to qualified recipients.
The Commissioner of Revenue shall prescribe the form of and supporting information that must be supplied as part of the
application for state reimbursement. The reimbursement payment must be deposited in the Special Fund of the Relief
Association. A sum sufficient to make the payments is appropriated from the general fund to the Commissioner of Revenue.
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EPFRA 19
The supplemental benefit provided by this section is in lieu of the state income tax exclusion for lump-sum distributions of
retirement benefits paid to volunteer firefighters. If the law is modified to exclude or exempt volunteer firefighter’s lump-
sum distributions from state income taxation, the supplemental benefits under this section may no longer be paid beginning
with the first calendar year in which the exclusion or exemption is effective. This subdivision does not apply to exemption of
all or part of a lump-sum distribution under Section 290.032 or 290.0802.
EPFRA 20
Article XIIIIV - Funds
1. Allocation
All money received from the Association shall be kept in two separate funds. Disbursements from
the funds shall be in accordance with Minnesota Statutes and rules and bylaws of the Association.
2. General Fund
The funds received by the Association from dues, fines, application fees, entertainment and other
miscellaneous sources shall be kept in the General Fund of the Association, on the books of the
Secretary and the Treasurer, and may be disbursed for any purpose reasonably related to the welfare
of the Association or its members, as authorized by a majority of the members present and voting at
any annual or special meeting of the members.
3. Special Fund
All funds received by the Association qualifying as state aid received pursuant to law, all taxes
levied by or other revenues received from the city present to law providing for municipal support for
the Association, any moneys or property donated, given, granted or devised, excluding fund-raiser
proceeds, by any person which is specified for the use for the support of the Special Fund, and any
interest earned on the assets of the Special Fund. Any tax sources and other money which may be
directly donated or transferred to said fund, shall be kept in a separate account on the books of the
Treasurer known as the Special Fund and shall be dispersed only for the following purposes:
a) Payment of members’ service pension benefits in accordance with state law and with these
bylaws;
b) Payment of ancillary benefits in accordance with state laws and these bylaws;
c) Payment of supplemental benefits in accordance with state laws and these bylaws;
c)d) Administrative expenses as limited by Minn. Stat. 69.80.
All other expenses of the Association shall be paid out of the General Fund.
4. Method of Disbursement
No disbursement of funds of this Association shall be made except by checks drawn by the Treasurer
and countersigned by the President except when issued for salaries, pensions and other fixed
charges, the exact amount of which has previously been determined and authorized by the Board of
Trustees (or members, in case of disbursement from the General Fund). In no event shall a
disbursement be issued until the claim to which it relates has been approved by the Board of
Trustees. Disbursement also may be made by electronic fund transfers so long as the Treasurer and
President have previously authorized such transfers.
5. Deposit of Funds
All money belonging to the Association shall be deposited to the credit of the Association in such
banks, trust companies, saving and loan associations or other depositories as the Board of Trustees
may designate. The Board of Trustees shall make deposits in conformance with state statutes, the
bylaws and the investment policy.
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Article XIV - Timing and Modes of Distribution
1. Distribution Choices
Members who choose a monthly service pension shall be governed by Article IX, Section 3(a). A
member who chooses a lump sum pension option shall be offered the following benefit payment
methods.
a) A single lump sum check payment payable to the eligible retiree.
b) Rollover to an IRA account pursuant to Article XIV, Section 2.
2. IRA Rollover
Upon written request from the retiring member who has given proper notice of retirement, the
Secretary or Treasurer shall directly transfer the service pension amount into an Individual
Retirement Account under Section 408(a) of the Internal Revenue Code, as amended.
Article XVI - Procedure for Review
1. Entitlement to Appeal
In the event that the Board of Trustees denies an application for a service or ancillary pension
benefit, the member shall be entitled to the right to appeal the determination.
2. Un-approved Application
If an application is not approved, the Board shall return the application to the applicant within 30
days, noting thereon, with particularity, which requirements the applicant does not meet. Thereafter,
the applicant shall be furnished with the opportunity to be heard by the full Board, on the question of
whether the applicant meets all of the eligibility requirements. The member shall appeal by
furnishing the Board with a written intent to appeal that is filed with the Secretary of the Association
within 30 days of receiving an adverse determination. The intent to appeal shall be certified by the
member.
3. Special Meeting for Appeal
The Board of Trustees shall hold a special meeting within 60 days of receipt of the written intent to
appeal. Timely notice of the meeting shall be given to the member at least 15 days prior to the
special meeting. The member shall have the reasonable opportunity to be heard by the Board of
Trustees at the special meeting with regard to the negative determination. The Board reserves the
right to engage the services of a mediator, acceptable to both parties, at any time during the appeal.
The mediator shall be selected from the Rule 114 Supreme Court Roster. The cost of the mediator
shall be split in half between both parties.
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EPFRA 22
Article XVII - Limits on Benefits
1. Domestic Relations Order
A qualified domestic relations or domestic relations order shall be accepted by the plan administrator
if in compliance with state and federal law. A distribution made pursuant to a domestic relations
order shall be treated as made pursuant to qualified domestic relations order as specified by I.R.C.
414 (p) (11), as amended. No benefits shall be paid under a domestic relations order which requires
the plan to provide any type or form of benefit, or any option, not otherwise provided under the Plan
or under state law.
2. Garnishment, judgment or legal process
No service pension or ancillary benefits paid or payable from the special fund of the Association to
any person receiving or entitled to receive a service pension or ancillary benefits shall be subject to
garnishment, judgment, execution or other legal process, except as provided in Section 518.58,
518.581, or 518.611.
3. Assignment of Benefits
No person entitled to a service pension or ancillary benefits from the special fund of the Association
may assign any service pension or ancillary benefit payments, nor shall the Association have the
authority to recognize any assignment or pay over any sum, which has been assigned.
4. Limitations on Ancillary Benefits
Following the receipt of a lump sum death benefit neither a member’s surviving spouse or estate is
entitled to any other or further financial relief or benefits from the Association except those
described in Article XIII entitled “Supplemental Benefits.”
5. Benefit Limitations
No provision, which places limits on benefits as contained within Section 415 of the Internal
Revenue Code, shall be exceeded. Plan participants cannot receive an annual benefit greater than
the amount specified in Section 415 of the code as may subsequently be amended.
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EPFRA 23
Article XVIII - Amendments
1. Amending the Bylaws
The bylaws of the Association may be amended by completing the following procedure:
a) Notice of the proposed amendment is given to each member not less than ten days prior to
the regular or special Association meeting at which the amendment will be considered.
b) At an Association meeting, the amendment is adopted by a favorable vote of two-thirds of
the membership present and voting, provided that a quorum is present.
c) The amendment is approved by the City Council of the City of Eden Prairie.
Article XIXVIII - Notice
1. Amendment Notices
Notices to the membership of a change to these bylaws shall be delivered in the following manner:
a) Shall be posted at each Fire Station.
b) Shall be mailed to each deferred member of the Association.
c) Shall be mailed to each retired member of the Association.
Article XIX - Effective Date
These bylaws were adopted by the membership on the _____9th day of __________September, 20074
and supersede all prior bylaws of this Association.
____________________________________ ___________________________________
President Secretary
These bylaws were approved by the City Council of the City of Eden Prairie on this ____5th day of
________October, 20074.
___________________________________
Sue Kotchevar, Chief Financial Officer
City of Eden Prairie, MN.
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Eden Prairie
Firefighter
Relief Association
Bylaws
i
TABLE OF CONTENTS PAGE
ARTICLE I - NAME ................................................................................................................................................... 1
ARTICLE II - PURPOSE ........................................................................................................................................... 1
ARTICLE III - GENERAL DEFINITIONS ............................................................................................................. 2
1. SURVIVING SPOUSE .......................................................................................................................................... 2
2. FIDUCIARY RESPONSIBILITY ............................................................................................................................. 2
3. BENEFICIARY ................................................................................................................................................... 2
4. BOARD OF TRUSTEES ....................................................................................................................................... 2
5. CALCULATION OF QUALIFYING YEARS ............................................................................................................ 2
6. BREAK IN SERVICE ........................................................................................................................................... 2
7. YEARS OF ACTIVE SERVICE ............................................................................................................................. 3
8. ACTIVE SERVICE .............................................................................................................................................. 3
9. TRUSTEES ........................................................................................................................................................ 3
10. DOMESTIC RELATIONS ORDER .................................................................................................................... 3
ARTICLE IV - MEMBERSHIP ................................................................................................................................. 4
1. QUALIFICATION FOR MEMBERSHIP .................................................................................................................. 4
2. APPLICATION FOR MEMBERSHIP ...................................................................................................................... 4
3. TERMINATION OF MEMBERSHIP ....................................................................................................................... 4
4. CATEGORIES OF MEMBERSHIP ......................................................................................................................... 4
5. VOTING PRIVILEGES ........................................................................................................................................ 5
ARTICLE V - BOARD OF TRUSTEES ................................................................................................................... 6
1. COMPOSITION OF BOARD ................................................................................................................................. 6
2. TERMS OF REGULAR TRUSTEES ....................................................................................................................... 6
3. OFFICERS OF BOARD ........................................................................................................................................ 6
4. REMOVAL OF TRUSTEE OR OFFICER ................................................................................................................. 6
ARTICLE VI - DUTIES OF OFFICERS .................................................................................................................. 7
1. PRESIDENT ....................................................................................................................................................... 7
2. VICE-PRESIDENT .............................................................................................................................................. 7
3. SECRETARY ...................................................................................................................................................... 7
4. TREASURER ...................................................................................................................................................... 7
ARTICLE VII - MEETINGS ..................................................................................................................................... 9
1. ANNUAL MEETING ........................................................................................................................................... 9
2. REGULAR MEETINGS OF THE BOARD OF TRUSTEES.......................................................................................... 9
3. SPECIAL MEETINGS OF THE ASSOCIATION OR BOARD ...................................................................................... 9
4. QUORUM .......................................................................................................................................................... 9
5. REPORTS AND RESOLUTIONS............................................................................................................................ 9
6. ADOPTION OF ROBERT'S RULES ....................................................................................................................... 9
7. ORDER OF BUSINESS ........................................................................................................................................ 9
8. LOCATION ...................................................................................................................................................... 10
9. NOTICE .......................................................................................................................................................... 10
ARTICLE VIII - INVESTMENTS .......................................................................................................................... 11
1. TRUSTEES’ DUTIES......................................................................................................................................... 11
2. RESPONSIBILITIES OF TRUSTEES .................................................................................................................... 11
3. INVESTMENT COMMITTEE .............................................................................................................................. 11
4. RESTRICTIONS TO BROKERS ........................................................................................................................... 11
5. EDUCATION PLAN .......................................................................................................................................... 11
ii
ARTICLE IX - PENSION BENEFITS .................................................................................................................... 12
1. ACTIVE DUTY AND AGE REQUIREMENTS ....................................................................................................... 12
2. DEFERRED MEMBER ...................................................................................................................................... 12
3. PENSION BENEFIT .......................................................................................................................................... 12
4. DEFINITION OF ACTIVE FIREFIGHTER ............................................................................................................. 13
5. FUTURE INCREASES IN BENEFITS ................................................................................................................... 13
6. APPLICATION FOR MONTHLY OR LUMP SUM BENEFIT ................................................................................... 13
7. APPROVAL ..................................................................................................................................................... 13
8. NOTICE OF INTENT TO RETIRE ........................................................................................................................ 14
ARTICLE X - ANCILLARY BENEFITS ............................................................................................................... 15
1. ELIGIBILITY ................................................................................................................................................... 15
2. DISABILITY DEFINED ..................................................................................................................................... 15
3. REPORTS REQUIRED ....................................................................................................................................... 15
4. DISABILITY OR PENSION BENEFITS ................................................................................................................ 15
5. PROOF OF DISABILITY .................................................................................................................................... 15
6. GRIEVANCE PROCEDURE ................................................................................................................................ 15
7. CALCULATION OF BENEFIT ............................................................................................................................ 15
8. ENTITLEMENT TO FUTURE INCREASES ........................................................................................................... 16
ARTICLE XI - DEATH BENEFIT .......................................................................................................................... 17
1. ENTITLEMENT TO BENEFIT ............................................................................................................................. 17
2. TERMINATION OF CHILDREN'S BENEFIT ......................................................................................................... 17
3. ENTITLEMENT TO FUTURE INCREASES ........................................................................................................... 17
ARTICLE XII - APPLICATION FOR DISABILITY AND DEATH BENEFITS .............................................. 18
1. DISABILITY BENEFIT APPLICATION ................................................................................................................ 18
2. DEATH BENEFIT APPLICATION ....................................................................................................................... 18
3. ACTION ON APPLICATIONS ............................................................................................................................. 18
ARTICLE XIII - FUNDS .......................................................................................................................................... 19
1. ALLOCATION .................................................................................................................................................. 19
2. GENERAL FUND ............................................................................................................................................. 19
3. SPECIAL FUND ............................................................................................................................................... 19
4. METHOD OF DISBURSEMENT .......................................................................................................................... 19
5. DEPOSIT OF FUNDS ......................................................................................................................................... 19
ARTICLE XIV - TIMING AND MODES OF DISTRIBUTION .......................................................................... 20
1. DISTRIBUTION CHOICES ................................................................................................................................. 20
2. IRA ROLLOVER .............................................................................................................................................. 20
ARTICLE XV - PROCEDURE FOR REVIEW ..................................................................................................... 20
1. ENTITLEMENT TO APPEAL .............................................................................................................................. 20
2. UN-APPROVED APPLICATION ......................................................................................................................... 20
3. SPECIAL MEETING FOR APPEAL ..................................................................................................................... 20
ARTICLE XVI - LIMITS ON BENEFITS ............................................................................................................. 21
1. DOMESTIC RELATIONS ORDER ....................................................................................................................... 21
2. GARNISHMENT, JUDGMENT OR LEGAL PROCESS ............................................................................................. 21
3. ASSIGNMENT OF BENEFITS ............................................................................................................................. 21
4. LIMITATIONS ON ANCILLARY BENEFITS......................................................................................................... 21
5. BENEFIT LIMITATIONS ................................................................................................................................... 21
ARTICLE XVII - AMENDMENTS ......................................................................................................................... 22
1. AMENDING THE BYLAWS ............................................................................................................................... 22
iii
ARTICLE XVIII - NOTICE ..................................................................................................................................... 22
1. AMENDMENT NOTICES ................................................................................................................................... 22
ARTICLE XIX - EFFECTIVE DATE ..................................................................................................................... 22
EPFRA 1
Article I - Name
The name of the relief association shall be the Eden Prairie Firefighter Relief Association.
Article II - Purpose
This instrument constitutes the bylaws of the Eden Prairie Firefighter Relief Association, hereinafter
referred to as “Association,” adopted for the purpose of regulating and managing the internal affairs of
the corporation and shall serve as the written pension plan for the Relief Association. The Association is
a governmental entity that receives and manages public money to provide retirement benefits for
individuals providing the governmental services of fire fighting. The objectives of the plan shall be to
provide service pensions and ancillary benefits to members and dependents of the Eden Prairie
Municipal Fire Department, hereinafter “Fire Department”. These bylaws and federal and state laws
shall govern all benefits issued by this Association.
EPFRA 2
Article III - General Definitions
1. Surviving Spouse
The term “surviving spouse” means any person who was the dependent spouse of a deceased active
member or retired former member living with the member at the time of the death of the active member
or retired former member for at least one year prior to the date on which the member terminated active
service and membership.
2. Fiduciary responsibility
In the discharge of their respective duties, the officers and trustees shall be held to the standard of
care enumerated in Minn. Stat. 11A.09. In addition, the trustees must act in accordance with Minn.
Stat. 356A. No trustee of the Association shall cause the Association to engage in a transaction, if
the Trustee knows or should know that a transaction constitutes one of the following direct or
indirect transactions:
a) sale or exchange or leasing of any real property between the Association and a board member;
b) lending of money or other extension of credit between the Association and a board member or
member of the Association;
c) furnishing of goods, services, or facilities between the Association and a board member; or
d) transfer to a board member, or use by or for the benefit of a board member, of any assets of the
Association. Transfer of assets does not mean the payment of Association benefits or
administrative expenses permitted by law.
3. Beneficiary
Any person or estate entitled under this plan to receive a benefit upon the death of a participant.
4. Board of Trustees
The Board of Trustees of the Association as specified under Minn. Stat. 424A.04. There shall be three
ex-officio members. The three ex-officio trustees shall be the mayor, the city clerk, clerk-treasurer or
finance director and the chief of the municipal fire department.
5. Calculation of Qualifying Years
A year of service as an active firefighter for purposes of calculating the service pension shall mean 12
complete months. If a members’ period of service as an active firefighter has not been continuous, parts
of years may be added together to calculate full years. In addition, parts of months may be added
together to calculate full months, provided, however, that in such a calculation it shall be assumed that
30 days equals a full month.
6. Break in Service
Any member returning from a break in service must remain in active service equal in time to the break
in service in order to qualify for any pension increases having occurred during the time of the break in
service. If this requirement is not met prior to the individual’s resignation, the retirement benefits will
revert to those in effect at such time the break in service began. A break in service does not include an
approved leave of absence, pursuant to these bylaws or state law.
EPFRA 3
7. Years of Active Service
For purposes of computing benefits or service pensions payable, a year of service shall be defined as a
period of 12 full months of active service in the fire department.
8. Active Service
The active performance of fire suppression or prevention duties or the supervision of fire
suppression or prevention duties. Performance of such suppression, prevention or supervision shall
not qualify as “active service” unless the firefighter meets all the rules and regulations of the fire
department during such service.
9. Trustees
The individuals designated as such by Minn. Stat. 424A.04 and by virtue of elected or appointed office,
those that qualify as the ex-officio trustee.
10. Domestic Relations Order
Any judgment, decree or order (including approval of a property settlement agreement) that complies
with the provisions of Minn. Stat. 518.58, 518.581 or 518A.53.
EPFRA 4
Article IV - Membership
1. Qualification for Membership
Any active member in good standing in the fire department shall be eligible to apply for membership
in the Association.
2. Application for Membership
All active members of the Eden Prairie Fire Department are eligible for membership in the Association.
Application for membership shall be made in writing on a form supplied by the Secretary of the
Association and reviewed by the Board of Trustees for compliance with federal/state statutory and plan
requirements within three (3) months of becoming an active member of the fire department. No
applicant may be excluded except if the member is under 18 years of age or has a medically
determinable physical or mental impairment or condition that would constitute a predictable and
unwarranted risk of imposing liability or an ancillary benefit at any age earlier than the minimum age
specified for receipt of a service pension.
3. Termination of Membership
A member may be expelled from the Association for cause upon a two-thirds vote of all members
present at a regular or special meeting of the general membership, upon the occurrence of any of the
following events:
a) Termination or resignation from membership in the fire department prior to completion of
the number of years as an active firefighter required for a service pension under these bylaws.
b) Failure to comply with any provisions of these bylaws or any duly adopted rules and
regulations of the association.
c) Any other good cause for termination of membership as determined by the Board of
Trustees.
4. Categories of Membership
Members of this Association shall be classified in one of four categories: regular, deferred, retired or
disabled. These categories are defined as follows:
a) Active Member: A member of the Association who is also an active firefighter of the fire
department.
b) Deferred Member: A member of the Association who has (i) completed the number of years
as an active firefighter required for a service pension as provided in these bylaws, (ii) has
completed a minimum of ten years as a member in good standing in the Association, and (iii)
has separated from service as an active firefighter before attaining the earliest age for receipt
of a service pension as provided in these bylaws.
c) Retired Member: A member of the Association who is drawing a monthly service pension
under applicable statutes and the bylaws of this Association.
d) Disabled Member: A member of this Association who is receiving a disability benefit under
applicable statutes and the bylaws of this Association.
EPFRA 5
5. Voting privileges
Each member shall be entitled to one vote on any matter voted upon by the membership. Voting by
proxy is not permitted. All votes, unless specified prior to the vote, shall be conducted by a voice
vote. If a majority cannot be determined by voice vote, the Officer in Charge of the vote shall ask
for a show of hands.
EPFRA 6
Article V - Board of Trustees
1. Composition of Board
The Board of Trustees shall be composed of the following:
a) Regular Trustees: Six of the Trustees shall be elected at the annual meeting of the
Association from the Association's active members and shall serve for terms as specified in
this Article, or until their respective successors have been elected. One of the six elected
members of the Board of Trustees may be a retired member, receiving a monthly service
pension, who is elected by the membership of the Association. If there is not a retired
member to fill the position of Trustee, then that position may be filled by an active member.
b) Ex-Officio Trustees: The chief of the fire department, the mayor and the clerk, clerk-treasurer
or finance director shall serve as Ex-Officio Trustees. Ex-Officio Trustees shall have all
rights, duties and responsibilities of regular Trustees, including voting rights.
2. Terms of Regular Trustees
Two Trustees shall be elected for three-year terms at each annual meeting of the Association. If a
vacancy of a trustee position occurs, that position shall be filled by election at a special meeting of
the Association within thirty-one days of becoming vacant. Any trustee elected to fill an un-expired
term shall serve the length of that un-expired term. Any Trustee, upon retirement from the fire
department, must relinquish the trustee's office until an election is held to determine who shall hold
that office.
3. Officers of Board
At the first meeting of the Board of Trustees held after the annual meeting of the members of the
Association, the Board shall elect, from the six regular trustees who have been elected by the
members, a President, Vice-President, Secretary and Treasurer. Each of the officers shall serve for a
term of one year or until the officer's successor has been elected.
4. Removal of Trustee or Officer
Trustee (other than an ex-officio Trustee) may be removed from the office of Trustee for the
following reasons:
a) Breach of the duties of a Trustee as specified in these bylaws.
b) Failure to maintain membership in good standing in the Association or the fire department,
including a suspension from the Association or fire department.
c) Other good cause.
Removal of a Trustee may occur by a vote of two-thirds of those present at a meeting of the
membership. Notice of the meeting at which removal is to be considered shall be given to each
member and shall include the purpose of considering removal. The Trustee shall be given an
opportunity to be heard as to each charge. If the Trustee is removed, a replacement shall be elected
and shall serve for the un-expired portion of the term of the removed Trustee.
EPFRA 7
Article VI - Duties of Officers
1. President
The duties of the office of President of the Association are as follows:
a) Attend and preside at all meetings of the Association and of the Board of Trustees.
b) Supervise the affairs of the Association.
c) Take all appropriate steps to enforce the due observance of the state and federal laws that apply
to the Association, the Articles of Incorporation and the bylaws.
d) Sign all checks issued by the Treasurer and all other papers, which require the President's
signature.
The President may receive a salary as fixed from time to time by the Board of Trustees, subject to
approval of the Association, and payable from the Special Fund of the Association.
2. Vice-President
The Vice-President's duties shall be as follows:
a) Perform the duties of the President in the President's absence.
b) All other duties assigned to the Vice-President by the President.
3. Secretary
The Secretary of the Association shall have the following duties:
a) Keep a true and accurate record of the proceedings of all meetings of the Association and of
the Board of Trustees.
b) Keep a correct record of all amendments to the Articles of Incorporation and the bylaws.
c) Provide all due notice of special meetings of the Association and the Board of Trustees.
d) Keep a roll of membership, including all information necessary to determine the pension and
benefit status of each member of the Association.
e) Sign all orders for payment issued to the Treasurer, and jointly with the Treasurer, prepare
and file all reports and statements required by law.
The Secretary may receive a salary as fixed from time to time by the Board of Trustees, subject to
approval of the Association, and payable from the Special Fund of the Association.
4. Treasurer
The duties of the Treasurer of the Association are as follows:
a) Keep separate, distinct and complete accounts of the Special and General Funds, including a
detailed statement of the assets and liabilities of each fund. Such accounts and statements
shall be presented at each meeting of the Board of Trustees, and shall be made available to
members prior to the annual meeting of the Association.
b) Jointly with the Secretary, the Treasurer shall prepare and file all reports and statements
required by law.
c) At the expiration of the Treasurer's term of office or the Treasurer's termination from the
position of Treasurer in accordance with these bylaws, whichever occurs first, the Treasurer
shall immediately deliver to the Board of Trustees or the Treasurer's successor in office, all
monies, books, papers, and other items pertaining to the Treasurer's office.
EPFRA 8
d) Prior to entering upon the duties of office, the Treasurer shall give a bond in such amount and
with such sureties as are required by law and approved by the Board of Trustees, conditioned
upon the faithful discharge of the Treasurer's trust and the faithful performance of the duties
of the Treasurer's office. The premium for this bond shall be paid from the Special Fund of
the Association. The amount of the bond will be equal to at least 10% of the assets of the
Association; however, the amount of the bond need not exceed $500,000.00.
The Treasurer may receive a salary as fixed from time to time by the Board of Trustees, subject to
approval of the Association, and payable from the Special Fund of the Association.
EPFRA 9
Article VII - Meetings
1. Annual Meeting
The annual meeting of the Association, for the election of Trustees and other business, shall be held
on the second Thursday in March, immediately prior to the fire department's business meeting.
2. Regular Meetings of the Board of Trustees
The Board of Trustees shall meet at least six times during each year.
3. Special Meetings of the Association or Board
Special meetings of the Association or of the Board of Trustees may be called by the President or
two members of the Board of Trustees and shall also be called upon written request of six or more
members of the Association. The Secretary shall notify members and trustees of such special
meetings, and the purpose of the meeting shall be contained in such notice.
4. Quorum
A majority of the Board of Trustees then in office, and 30 percent of all members of the Association
shall constitute a quorum for the transaction of business at their respective meetings. Less than a
quorum may adjourn a meeting to a future time, which the Secretary shall make known to the
affected members.
5. Reports and Resolutions
All reports and resolutions shall be submitted in writing and no report shall be accepted unless it is
the report of a majority of a committee, provided, however, that a minority shall be permitted to
present its views in writing.
6. Adoption of Robert's Rules
All meetings of the Association and Board of Trustees shall be conducted according to Robert's
Rules of Order, as revised.
7. Order of Business
The order of business at meetings of the general membership shall be:
a) Call to order.
b) Roll call.
c) Reading of minutes of previous meetings.
d) Reading of reports and minutes of Board of Trustees' meetings.
e) Reports of Officers.
f) Membership applications.
g) Reports of special committees.
h) Unfinished business.
i) Election of Officers or Trustees (annual meeting).
j) New business.
k) Adjournment.
EPFRA 10
8. Location
A meeting of the Board of Trustees shall be held at the registered office of the Association in the
City unless notice is made public for another place within the state as designated by the board.
9. Notice
Subject to waiver, a notice of every Board of Trustees’ meeting shall be sent or delivered by the
Secretary to each Trustee, including ex-officio Trustees, at least 5, but not more than 30 days, before
the meeting, excluding the date of the meeting. Such notice shall set forth the date, time, place and
in case of a special meeting, the purpose.
EPFRA 11
Article VIII - Investments
1. Trustees’ Duties
Trustees shall discharge their duties in good faith and with that diligence and care which an
ordinarily prudent person would exercise under similar circumstances. Each Trustee shall become
familiar with the standards of care and the standards of a fiduciary as specified by law.
2. Responsibilities of Trustees
It shall be the duty of the Board of Trustees to prepare modes and plans for the sale and profitable
investment of the unappropriated funds of the Association, and whenever investments are made, to
investigate and pass upon the securities offered, and to attend to the drawing and execution of the
necessary papers. The Board shall order an audit of the books and accounts of the Secretary and
Treasurer annually, according to law, and shall submit a written report of the condition of the
Association to the members at the annual meeting. The investment of the funds of the Association
shall be in the exclusive control of the Board of Trustees, in conformance with state statutes, the
bylaws and the investment policy attached hereto. The Board of Trustees shall meet with the
Investment Committee. The members of the Board shall act as Trustees with a fiduciary obligation
to the State of Minnesota, to the City of Eden Prairie and the members of the Association.
3. Investment Committee
The investment committee shall consist of the Treasurer, the President and an Ex-officio member, as
well as two or more Association members as designated by the Trustees. The investment committee
shall investigate and make recommendations to the Board of suitable investments for Association
funds among those permitted by State Statutes, the bylaws and the investment policy attached hereto.
4. Restrictions to Brokers
The Board of Trustees shall comply with Minnesota Statutes 356A.06, Subd. 8b that requires the
Relief Association to provide annually to any brokers, a written statement of investment restrictions
pursuant to State Statute or the Investment Policy that apply to the special fund. Upon receipt of the
written statement of investment restrictions, each broker handling investments of the Association
shall acknowledge, in writing annually, the receipt of the investment restrictions. The
acknowledgment shall contain a statement of the brokers’ agreement to handle the Association’s
investments pursuant to the written restrictions.
5. Education Plan
The Board of Trustees shall develop and periodically revise a plan for continuing education for all
members and officers of the Board of Trustees in order to ensure that Trustees keep abreast of their
fiduciary responsibilities.
EPFRA 12
Article IX - Pension Benefits
1. Active Duty and Age Requirements
To be eligible to receive a service pension, a member must meet all of the following requirements:
a) Be at least 50 years of age.
b) Has separated from active service with the fire department.
c) Has completed at least 10 years of active service with such fire department before retirement.
d) Has been a member of the Association in good standing at least 10 years prior to such
retirement.
2. Deferred Member
A member of the Association, who has performed active service of ten years or more, but has not
reached the age of 50 years, shall be placed on the deferred pension roll of the Association. After
they have reached the age of 50 years, the Association shall, upon their application therefore, pay
their pension from the date the application is approved by the Association. The member shall be
paid the service pension in accordance with Article IX, Section 3.
3. Pension Benefit
Each member is entitled to either a monthly service pension benefit or a lump sum service pension
benefit calculated as follows:
1) Monthly Service Pension:
Effective 01/01/2005 – A monthly service pension shall be calculated by multiplying
$48.00 times each year that the member has been an active firefighter in the Fire
Department and member in good standing of the Relief Association, up to a maximum
pension of $1536.00.
Effective 01/01/2006 – A monthly service pension shall be calculated by multiplying
$50.00 times each year that the member has been an active firefighter in the Fire
Department and member in good standing of the Relief Association, up to a maximum
pension of $1600.00.
Effective 01/01/2007 – A monthly service pension shall be calculated by multiplying
$52.00 times each year that the member has been an active firefighter in the Fire
Department and member in good standing of the Relief Association, up to a maximum
pension of $1664.00.
Effective 01/01/2008 – A monthly service pension shall be calculated by multiplying
$54.00 times each year that the member has been an active firefighter in the Fire
Department and member in good standing of the Relief Association, up to a maximum
pension of $1728.00.
Effective 01/01/2009 – A monthly service pension shall be calculated by multiplying
$56.00 times each year that the member has been an active firefighter in the Fire
Department and member in good standing of the Relief Association, up to a maximum
pension of $1792.00.
EPFRA 13
2) Lump Sum Service Pension: A lump sum service pension shall be calculated by multiplying
100 times the monthly service pension to which the member would have been entitled.
4. Definition of Active Firefighter
A period of time cannot be used to calculate a monthly or lump sum service pension unless during
the entire period of time the member satisfies the qualification of “active service”, as found in
Article III, paragraph 8 of these bylaws.
5. Future Increases in Benefits
Retired members and deferred members who have credit for at least fifteen years of service as an
active firefighter with the fire department shall receive all approved increases in the monthly service
pension applicable to that member's number of years of active firefighting service. Retired members
who have elected to receive a lump sum pension payment shall not be eligible for any such
increases.
6. Application for Monthly or Lump Sum Benefit
After retirement as an active firefighter with the fire department, a member shall make application
for a service pension to the Board of Trustees. The application shall also include an irrevocable
election by the member of either a monthly service pension or lump sum service pension, but not
both. All applications for pensions shall be submitted to the Board of Trustees at a regular or special
meeting of the Board, and shall contain the following information:
a) The age of the applicant.
b) The period of time the member performed duties as an active firefighter for the fire
department.
c) The member's number of years of membership in good standing of the Association.
d) The date the member retired as an active firefighter from the fire department.
e) Such other and further information as the Board of Trustees may require.
7. Approval
It shall be the duty of the Board of Trustees to approve applications for service pensions if the
applicant meets all of the eligibility requirements set forth in these bylaws. It shall also be the duty
of the Board not to approve the application if any of the eligibility requirements are not met. If an
application is not approved, the Board shall return the application to the applicant within 30 days,
noting thereon, with particularity, which requirements the applicant does not meet. Thereafter, the
applicant shall be furnished with the opportunity to be heard by the full Board in accordance with the
review procedure contained in these bylaws, within the next 30 days, on the question of whether the
applicant meets all the requirements. If the application is approved, the service pension shall be paid
in the manner requested by the applicant pursuant to Article XIV, Timing and Modes of
Distribution.
EPFRA 14
8. Notice of Intent to Retire
It shall be the duty of each member who intends to retire and request a service pension from the
Association, to file a notice of intent to retire. Such notice shall be in writing and shall be filed with
the Secretary not less than 3 months prior to the date of retirement and submission of application for
service pension. Upon receipt of such notice of the intent to retire, the Secretary shall provide any
notices to the applicant as required by state or federal law with respect to pension or benefit
payments.
EPFRA 15
Article X - Ancillary Benefits
1. Eligibility
A member who is disabled from being active in the Fire Department may be eligible for a disability
benefit in lieu of retirement. Upon approval of the Board of Trustees pursuant to this article, the
disability benefits will apply. A member, who is disabled with a fire service related disability, shall
be eligible to collect a disability benefit. The member shall be eligible to receive the disability
benefit immediately upon approval of the Board of Trustees.
2. Disability Defined
Disability is defined as the inability to engage in performance of all essential duties as a firefighter
by reason of a medically determinable physical or psychological impairment that arose out of and is
caused by an injury or sickness incurred in the line of duty and is certified by a physician, surgeon or
chiropractor acceptable to the Board of Trustees, which can be expected to last for a continuous
period of not less than twelve months or can be expected to result in death.
3. Reports Required
No member shall be paid disability benefits except upon the written report of a physician, surgeon or
chiropractor. This report shall set forth the diagnosis and prognosis of the disability, disease or
injury of the member. Each such report shall be filed with the Association.
4. Disability or Pension Benefits
Any such disability benefit paid in accordance with this section shall be in lieu of all rights to further
service pension and survivor’s benefits.
5. Proof of Disability
An applicant shall not be considered under a disability unless the member furnishes adequate proof
of the existence thereof. An applicants’ statement as to pain or other symptoms will not alone be
conclusive evidence of disability as defined in this article.
6. Grievance Procedure
If the applicant for disability benefits feels that he/she has been aggrieved by any action of the
Board, the member shall, within sixty (60) days from notice of such action of the Board, file written
objections and the reasons thereof with the Board and shall be allowed to appeal the determination
pursuant to the review procedure in these bylaws.
7. Calculation of Benefit
In the event a member incurs a disability as defined in this article, the Association shall pay to such
member a monthly disability payment, for the time of such disability. The monthly disability benefit
shall be equal to the monthly service pension to which the member would have been entitled at age
50 without regard to whether the member has attained the minimum number of years of active
firefighting service and Association membership specified by these bylaws.
EPFRA 16
8. Entitlement to Future Increases
A member currently receiving a disability benefit shall receive all approved increases in the monthly
service pension applicable to that member's number of years of active firefighting service.
EPFRA 17
Article XI - Death Benefit
1. Entitlement to Benefit
In the event of the death of a member of the Association prior to the time when a member (a)
terminates active service with the fire department and status as a general member in the Association;
and (b) commences receipt of the service pension as authorized in these bylaws, the spouse and
surviving children shall be entitled to a benefit calculated as follows:
a) Spousal Benefit: The surviving spouse, if any, shall be paid, until death or remarriage of the
surviving spouse, the sum of two-thirds of the monthly service pension amount to which such
member would have been entitled at age 50 without regard to whether the member had
attained the minimum number of years of active firefighting service and Association
membership specified in these bylaws.
b) Spouse and Surviving Child Benefit: If the member leaves a surviving child or children in
addition to a spouse, such child or children, in the aggregate, shall be paid the sum of one-
third of the monthly service pension amount to which such member would have been entitled
at age 50 without regard to whether the member had attained the minimum number of years
of active firefighting service and Association membership specified in these bylaws.
c) Benefit for Surviving Child Without Surviving Spouse: If the member is survived only by a
child or children, the Association shall pay monthly toward the support of such child or
children, in the aggregate, 100% of the monthly service pension amount to which such
member would have been entitled at age 50 without regard to whether the member had
attained the minimum number of years of active firefighting service and Association
membership specified in these bylaws.
2. Termination of Children's Benefit
Benefit payments to or on behalf of a surviving child shall cease when the child reaches the age of
eighteen or, in the case of any child who furthers his or her education, by attending college or
technical school, when that child graduates with his/her undergraduate degree or technical degree,
quits school, reaches the age of twenty-two, or fails to provide proof of current educational
enrollment, whichever occurs first. Any child furthering his or her education and wishing to qualify
for benefits must produce annually, in a form satisfactory to the Board of Trustees, proof that the
child is a full-time student in a college or trade school.
3. Entitlement to Future Increases
Death benefits payable to a surviving spouse or children shall be increased to the extent that the
monthly service pension is increased for current members who have the same number of active years
of service as the deceased member.
EPFRA 18
Article XII - Application for Disability and Death Benefits
1. Disability Benefit Application
All applications for disability benefits shall be submitted to the Board of Trustees in writing, on
forms furnished by the Secretary, at a regular or special meeting of the Board. The application shall
be accompanied by a certificate from a physician, surgeon or chiropractor setting forth the findings
regarding whether the member has a qualifying disability. The physician, surgeon or chiropractor’s
opinion shall also include findings regarding the nature and probable duration of the illness or injury,
the cause thereof, the length of time the applicant has been and will be unable to perform any of the
essential duties as an active firefighter, and an estimate of the time at which the applicant will be
able to return to the duties as an active fire fighter. The Board of Trustees, in its discretion, may
require an independent medical examination, at the Association's expense, to review the
qualifications of the member for a disability benefit.
2. Death Benefit Application
Applications for benefits by surviving spouses and children shall be submitted to the Board of
Trustees in writing, on forms furnished by the Secretary, at a regular or special meeting of the Board.
The application shall include the date and cause of death, a certified marriage certificate for a
surviving spouse and certified birth certificate for a surviving child, plus such other and further
information as the Board of Trustees deems appropriate.
3. Action on Applications
No disability benefits or death benefits shall be paid until the application therefore has been
approved by a majority vote of the Board of Trustees. Decisions of the Board shall be final as to the
payment of such benefits and shall be based upon the criteria established in these bylaws and
applicable law.
ARTICLE XIII – SUPPLEMENTAL BENEFIT
1. Payment of Supplemental Benefit
Upon the payment by the Association of a lump-sum distribution to a qualified recipient, the
Association must pay a supplemental benefit to the qualified recipient. A qualified recipient is an
individual who receives a lump sum distribution of pension benefits from the Association for service as
a volunteer firefighter. Notwithstanding any law to the contrary, the Association may pay the
supplemental benefit out of its Special Fund. The amount of this benefit equals ten percent (10%) of the
regular lump-sum distribution that is paid on the basis of service as a volunteer firefighter. In no case
may the amount of the supplemental benefit exceed $1,000.00.
EPFRA 19
Article XIV - Funds
1. Allocation
All money received from the Association shall be kept in two separate funds. Disbursements from
the funds shall be in accordance with Minnesota Statutes and rules and bylaws of the Association.
2. General Fund
The funds received by the Association from dues, fines, application fees, entertainment and other
miscellaneous sources shall be kept in the General Fund of the Association, on the books of the
Secretary and the Treasurer, and may be disbursed for any purpose reasonably related to the welfare
of the Association or its members, as authorized by a majority of the members present and voting at
any annual or special meeting of the members.
3. Special Fund
All funds received by the Association qualifying as state aid received pursuant to law, all taxes
levied by or other revenues received from the city present to law providing for municipal support for
the Association, any moneys or property donated, given, granted or devised, excluding fund-raiser
proceeds, by any person which is specified for the use for the support of the Special Fund, and any
interest earned on the assets of the Special Fund. Any tax sources and other money which may be
directly donated or transferred to said fund, shall be kept in a separate account on the books of the
Treasurer known as the Special Fund and shall be dispersed only for the following purposes:
a) Payment of members’ service pension benefits in accordance with state law and with these
bylaws;
b) Payment of ancillary benefits in accordance with state laws and these bylaws;
c) Payment of supplemental benefits in accordance with state law and these bylaws;
d) Administrative expenses as limited by Minn. Stat. 69.80.
All other expenses of the Association shall be paid out of the General Fund.
4. Method of Disbursement
No disbursement of funds of this Association shall be made except by checks drawn by the Treasurer
and countersigned by the President except when issued for salaries, pensions and other fixed
charges, the exact amount of which has previously been determined and authorized by the Board of
Trustees (or members, in case of disbursement from the General Fund). In no event shall a
disbursement be issued until the claim to which it relates has been approved by the Board of
Trustees. Disbursement also may be made by electronic fund transfers so long as the Treasurer and
President have previously authorized such transfers.
5. Deposit of Funds
All money belonging to the Association shall be deposited to the credit of the Association in such
banks, trust companies, saving and loan associations or other depositories as the Board of Trustees
may designate. The Board of Trustees shall make deposits in conformance with state statutes, the
bylaws and the investment policy.
EPFRA 20
Article XV - Timing and Modes of Distribution
1. Distribution Choices
Members who choose a monthly service pension shall be governed by Article IX, Section 3(a). A
member who chooses a lump sum pension option shall be offered the following benefit payment
methods.
a) A single lump sum check payment payable to the eligible retiree.
b) Rollover to an IRA account pursuant to Article XIV, Section 2.
2. IRA Rollover
Upon written request from the retiring member who has given proper notice of retirement, the
Secretary or Treasurer shall directly transfer the service pension amount into an Individual
Retirement Account under Section 408(a) of the Internal Revenue Code, as amended.
Article XVI - Procedure for Review
1. Entitlement to Appeal
In the event that the Board of Trustees denies an application for a service or ancillary pension
benefit, the member shall be entitled to the right to appeal the determination.
2. Un-approved Application
If an application is not approved, the Board shall return the application to the applicant within 30
days, noting thereon, with particularity, which requirements the applicant does not meet. Thereafter,
the applicant shall be furnished with the opportunity to be heard by the full Board, on the question of
whether the applicant meets all of the eligibility requirements. The member shall appeal by
furnishing the Board with a written intent to appeal that is filed with the Secretary of the Association
within 30 days of receiving an adverse determination. The intent to appeal shall be certified by the
member.
3. Special Meeting for Appeal
The Board of Trustees shall hold a special meeting within 60 days of receipt of the written intent to
appeal. Timely notice of the meeting shall be given to the member at least 15 days prior to the
special meeting. The member shall have the reasonable opportunity to be heard by the Board of
Trustees at the special meeting with regard to the negative determination. The Board reserves the
right to engage the services of a mediator, acceptable to both parties, at any time during the appeal.
The mediator shall be selected from the Rule 114 Supreme Court Roster. The cost of the mediator
shall be split in half between both parties.
EPFRA 21
Article XVII - Limits on Benefits
1. Domestic Relations Order
A qualified domestic relations or domestic relations order shall be accepted by the plan administrator
if in compliance with state and federal law. A distribution made pursuant to a domestic relations
order shall be treated as made pursuant to qualified domestic relations order as specified by I.R.C.
414 (p) (11), as amended. No benefits shall be paid under a domestic relations order which requires
the plan to provide any type or form of benefit, or any option, not otherwise provided under the Plan
or under state law.
2. Garnishment, judgment or legal process
No service pension or ancillary benefits paid or payable from the special fund of the Association to
any person receiving or entitled to receive a service pension or ancillary benefits shall be subject to
garnishment, judgment, execution or other legal process, except as provided in Section 518.58,
518.581, or 518.611.
3. Assignment of Benefits
No person entitled to a service pension or ancillary benefits from the special fund of the Association
may assign any service pension or ancillary benefit payments, nor shall the Association have the
authority to recognize any assignment or pay over any sum, which has been assigned.
4. Limitations on Ancillary Benefits
Following the receipt of a lump sum death benefit neither a member’s surviving spouse or estate is
entitled to any other or further financial relief or benefits from the Association except those
described in Article XIII entitled “Supplemental Benefits.”
5. Benefit Limitations
No provision, which places limits on benefits as contained within Section 415 of the Internal
Revenue Code, shall be exceeded. Plan participants cannot receive an annual benefit greater than
the amount specified in Section 415 of the code as may subsequently be amended.
EPFRA 22
Article XVIII - Amendments
1. Amending the Bylaws
The bylaws of the Association may be amended by completing the following procedure:
a) Notice of the proposed amendment is given to each member not less than ten days prior to
the regular or special Association meeting at which the amendment will be considered.
b) At an Association meeting, the amendment is adopted by a favorable vote of two-thirds of
the membership present and voting, provided that a quorum is present.
c) The amendment is approved by the City Council of the City of Eden Prairie.
Article XIX - Notice
1. Amendment Notices
Notices to the membership of a change to these bylaws shall be delivered in the following manner:
a) Shall be posted at each Fire Station.
b) Shall be mailed to each deferred member of the Association.
c) Shall be mailed to each retired member of the Association.
Article XX - Effective Date
These bylaws were adopted by the membership on the _____ day of __________, 2007 and supersede
all prior bylaws of this Association.
____________________________________ ___________________________________
President Secretary
These bylaws were approved by the City Council of the City of Eden Prairie on this ____ day of ________,
2007.
___________________________________
Sue Kotchevar, Chief Financial Officer
City of Eden Prairie, MN.
P:\Home\EP\FIREDEP\Fire Relief Association\EPFRA Bylaws 2007 06 29 - clean.doc
CITY COUNCIL AGENDA
SECTION: Consent Agenda
DATE:
May 20, 2008
DEPARTMENT/DIVISION:
Leslie Stovring
Public Works / Environmental
ITEM DESCRIPTION: I.C. 08-5727
Land Alteration Permit - Fowler
Property Management Plan
ITEM NO.: VIII.L.
Requested Action
Move to: Approve Land Alteration Permit for Phase 1 of the Fowler Property Management Plan.
Synopsis
The City received a Natural Resource Management Plan for the Fowler property on March 17,
2008. Based on review of the plans provided, more than 10% of the vegetation on the property
will be disturbed through invasive species management, thinning of trees and preparation of soil
for planting and seeding. Staff recommends approval of a land alteration permit based on the
conditions listed below.
Background Information
Bonestroo has prepared a Natural Resource Management Plan for the Helen Fowler property at
10315 Riverview Road. Geophysical Research Society, LLC is the current owner of the property
and is proposing to repair, restore and manage the natural resources on site, including the
various natural areas and the creek which flows through the property.
A Phasing Plan was provided to outline the work that is proposed for 2008. Phase 1 includes five
areas that will be addressed in 2008, including Mixed Hardwood Forest, Oak Woodlands and the
former Pine Plantation. Work proposed for 2008 includes:
• Cut non-native and invasive brush and trees, including those damaging the health of the
oaks
• Treat and manage garlic mustard and other invasive weed species
• Manage stem density of conifers
• Prescribed burn
• Seed managed areas with native woodland grasses, sedges and flowers
• Plant herbaceous species to improve biological diversity
• Supplemental oak planting if needed
Tree removal is proposed to range from 0 to 15% within the management areas.
Staff recommends that the following conditions be placed on issuance of the permit:
• Lower Minnesota River Watershed District, Dept. of Natural Resources and Minnesota
Land Trust are to be provided copies of the information for review and comment.
• A letter of credit, cash escrow or performance bond in the amount of $10,000 be placed
with the City to insure restoration or repair of areas disturbed by the vegetation
management work or construction of access paths.
• Individual management areas are inspected and approved by City Forester prior to
commencing work; trees scheduled for removal must be marked prior to this meeting.
• Work previously completed must be inspected by the City Forester to ensure they met
City requirements prior to starting any additional work.
• All disturbed areas are to be restored by October 1, 2008 (final stabilization).
• No earthwork or grading will be allowed other than as needed for temporary access to
treatment and/or restoration areas for vegetation management.
Future phases will require submittal of a new Land Alteration Permit for review and approval.
Attachments
• Attachment 1 - Land Alteration Permit Application
• Attachment 2 - Natural Resource Management Plan
2335 Highway 36W
St. Paul, MN 55113
Tel 651-636-4600
Fax 651-636-1311
May 13, 2008 www.bonestroo.com
Bonestroo
Ms. Leslie Stovring
Environmental Coordinator
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344-4885
Re: Land Alteration Permit for Fowler Property Ecological Restoration
City of Eden Prairie
Bonestroo File No.: 002531-07001-0
Dear Ms. Stovring:
Enclosed is the completed Land Alteration Permit with the requested soil disturbance map. We plan to commence
clearing activities as weather permits starting May 22' with handwork and dead tree removal on the north and
south facing slopes. Mulching and seeding will proceed after each area is completed. Selected tree thinning will take
place this summer with all work completed by the end of October. An amended permit will be applied for regarding
any work that would require stream restoration and grade alteration.
The restoration is being done by the owner with their own equipment and employees with inspections by Paul
Bockenstedt of Bonestroo. The plan has been reviewed by the Minnesota Land Trust and a copy of their
correspondence is enclosed.
In addition to hand tools and equipment the owner has the following equipment that may be used on the site.
• 231LDC • 4600 • 721 • Model 22 • D31
• ASV MD70 • 950 • 525 • 160
Please let me know if you would like any additional information.
Sincerely,
BONESTROO
Ukik.
C. John Uban
Principal
ATTACHMENTS: City of Eden Prairie — Application for Release of Land Alteration Permit
Minnesota Land Trust correspondence
Soil Disturbance Map
Restoration Phasing Plan
illircheck for payment
CC: Geophysical Research Society, LLC
Minnesota Land Trust
CITY OF EDEN PRAIRIE
8080 MITCHELL ROAD
EDEN PRAIRIE, MN 55344
PERMIT#08-
952-949-8330
CITY OF EDEN PRAIRIE
APPLICATION FOR RELEASE OF LAND ALTERATION PERMIT
PROJECT NANIE: Ecological Restoration for Fowler Homestead
DATE PERMIT APPLICATION RECEIVED:
I. APPLICANT INFORMATION
APPLICANT
Company Name: Bones troo Address: 2335 Highway 36 W
Contact Name: C. John Uban E-mail address: john.uban@bonestroo.com
Phone: (651) 967-4550 City/State: St. Paul, MN 55113
PROPERTY OWNER
Company Name: Geophysical Research Society,LLE Address: 2875 Highway 55
Contact Name: Tony Phillippi, Managing Director E-mail address: laura@pecoeguip.com
Phone: (651) 406-4900 City/State: Eagan, MN 55121
CONTRACTOR PERFORMING WORK
Company Name: SAME AS OWNER Address:
Contact Name: E-mail address:
Phone: City/State:
DESIGN PROFESSIONAL PERFORMING SITE INSPECTIONS *
Company Name: Bones troo Address: 2335 Highway 36 W
Contact Name: C. John Uban E-mail address: john.uban@bonestroo.com
Phone: (651) 967-4550 City/State: St. Paul, MN 55113
* The above design professional retained by the Developer/Owner to perform the monitoring of the Project shall be responsible for all
monitoring, data entry and reporting to the PenniTrack ESC web-based website (littp::portal.sehinc.com) for the erosion and sediment
permit tracking program utilized by the City.
IL PROJECT/PROPERTY DESCRIPTION
Location: Size of Site:
Estimated Volume of Earth Moved: less than 10 yds
estimated invasive Number of Disturbed Acres: species 3-820
Estimated Cost of Land Alteration: $50, 000 single family lot Proposed Use: ecological restoration
Proposed Start Date: May 21, 2008 Proposed Completion Date: Phase I, October 30, 2008
Note: When you pay by check, the City of Eden Prairie will present the check for payment to your bank
electronically. Your original check will be destroyed once processed and you will not receive your cancelled check
back.
CITY OF EDEN PRAIRIE
8080 MITCHELL ROAD
EDEN PRAIRIE, MN 55344
952-949-8330
III. MATERIALS TO BE INCLUDED WITH APPLICATION:
PERMIT #08-
A. One frill size copy of plans and specifications showing topography, grading, erosion control systems and restoration. Map to
include location of building pads, stockpiles, Storrnwater Facilities and finished grading.
C. Executed copy of contract documents for grading work, including excavation and restoration.
D. Written project schedule and sequence of construction activities.
E. Copies of all applicable permits from other permitting authorities- i.e., Watershed Districts, MPCA, DNR, etc.
F. Copies of written approvals from all interested parties, if required i.e., Minnesota Land Trust, homeowner's association, etc.
G. Name and address of the Design Professional, Certified Professional in Erosion & Sediment Control (CPESC) or Licensed
Professional Engineer responsible for conducting inspections, monitoring and maintenance of the Site to ensure conformance
to the Plan.
H. Copy of Storm Water Pollution Prevention Plan (SWPPP) and/or Runoff Management Plan (RMP), if required.
IV. EROSION CONTROL INSTALLATION & INSPECTION
Date Erosion Control Systems Installed:
City Inspection Date:
V. FINANCIAL SECURITY INFORMATION
Type of Financial Surety: Provided By: Geophysical Research Society, LLC
Permit Surety Amount: Surety No.
Permit Fee Amount: $235. 00 Surety Expiration Date:
Receipt No.:
I hereby apply for a Land Alteration Permit and I acknowledge that the information provided is complete and accurate. I understand and
hereby agree that the work for which the permit is issued shall be performed according to the following: (1) the conditions of this permit,
(2) the approved plans and specifications, (3) applicable City approvals, ordinances and codes, and (4) the State building code. I
understand that the Permit will expire, and become null and void, if work is not started with 180 days of signature or if Land Alteration
stops and is abandoned for a period of thirty (30) days prior to completing the Land Alteration. I understand that I am responsible for
ensuring that all required inspections are completed in conformance with City code requirements.
(Applicant) Signature For Tony Phillippi
This permit is hereby released by the City of Eden Prairie on , subject to the conditions of
City Code Sect. 11.55 and any Special Conditions attached.
(City) Signature
This permit is permissive only and does not release the Permittee from any liability or obligation imposed by Minnesota Statute,
Federal Law, State Agency Rules or the requirements of other agencies with regulatory authority.
INFORMATION BELOW THIS LINE FOR CITY USE ONLY
VI. PROJECT COMPLETION / RELEASE OF FINANCIAL SECURITY
Date Final Certification From Design Profession Received:
Date Final Stabilization Completed: / Date Erosion Control Systems Removed:
Cy jAn k_
Date Surety Released: Date of Final Inspection By City:
SPECIAL CONDITIONS:
MINNESOTA
LAND TRUST
April 3, 2008
Mr. Tony Phillippi
Geophysical Research Society
2875 Highway 55
Eagan, MN 55121
Re: Purgatory Creek (Fowler)
Our File # 1997-85
Dear Mr. Phillippi:
Thank you for submitting for approval the Fowler Property Natural Resource
Management Plan, dated September 2007, prepared by Bonestroo. We are very pleased
that someone so dedicated to improving the ecological health of the land has purchased
the Fowler property, and we greatly appreciate your commitment to working with the
Minnesota Land Trust as you develop future plans for the property.
Land Trust staff has reviewed the Management Plan, which details restoration,
management, and monitoring activities that are designed to improve the overall
ecological quality of the site. Specifically the Plan calls for:
• The removal and control of invasive trees, shrubs and plants
• The planting of native vegetation and other management activities that contribute
to increased species richness and ecological function.
• Managing the oak woodland areas for native species
• Restoring dry oak savanna on the bluff
• Managing the mixed hardwood forest for native species
• Working with the City of Eden Prairie, Riley-Purgatory-Bluff Creek Watershed
District, and Minnesota DNR to mitigate issues related to off-site stormwater
management
We understand that achievement of the restoration goals will result initially in significant
removal of non-native vegetation, primarily buckthorn and honeysuelde. However, we
believe your desire to enhance habitat and water quality on the Fowler property over the
long term is consistent with the conservation purpose of the easement, and therefore we
strongly encourage you in these efforts.
We also believe that the ongoing monitoring of management activities is essential, and
we are glad to see inclusion of this activitYin the Plan. We greatly would appreciate
being kept abreast of your monitoring and progress on management activities as we
conduct our annual monitoring of the conservation easement.
2356 University Avenue West, Suite 240
St. Paul, Minnesota 55 1 14
Purgatot -y Creek (Fowler) (65 1) 647-9590 phone • (65 1) 647-976/ fax
Management Plan Approval www.mniand.org
Recicted paper: i 00% post-or:sorer wa'ste & pocessed &oare-free
Sincerely,
ri William Larson
Director of Conservation Programs
The Plan does not suggest specific on-site actions to address stream erosion since the
primary factors causing the erosion are occurring off-site and upstream. Instead the Plan
suggests working with the various agencies that have jurisdiction over stormwater and
watershed management. We think this is a good approach, and furthermore, we offer that
the Minnesota Land Trust would be happy to participate in discussions as appropriate.
Additionally, as these discussions result in the development of specific management
actions, we would like to be notified.
Again, we believe that the restoration and management activities described in the Plan are
not only consistent with the conservation easement but also provide an enhancement to
the land protection provided by the easement.
Therefore, with this letter the Minnesota Land Trust formally approves the Fowler
Property Natural Resource Management Plan, dated September 2007. This approval will
remain in effect as long as the prescribed management activities remain relevant for the
land. Any future additions or changes to the Management Plan should be submitted to
the Land Trust for review.
Thank you again for working with the Minnesota Land Trust on your future plans and for
your commitment to the land.
Purgatory Creek (Fowler)
2 Management Plan Approval
.39S/31.73=0111913.195.912531020014941019991a199.499i9.9,,n903,99994,{9;99.
CR H.
TREE & SHRUB REMOVAL WITH
ACCESS FIELD ROAD
WOOD CHIPPER
&KQE.A.QEAREA
PAVED DRIVE FOR EQUIPMENT
ACCESS AND STORAGE
LET CUT VEGETATION LAY ON SOIL
TO PROTECT SEEDING S
911EN PRAOF
•• •. • • •• • .
.. MINIMAL SOIL
....DISTURBANCE
• . •
HAND WORK
EXISTING BENCH FROM ROAD
MULCH BENCH ROAD TO REDUCE
COMPACTION & FILTER RUNOFF ACCESS EASMENT
. . . . ............ EXISTING CREEK CULVERT
CROSSING
NO TOUCH CREEK ZONE fire' SHAVN'OER' S
HUMID
COMPANIES
ra,
EROSION CONTROL
1. LIGHT WOOD CHIP COVER OF
1"-2" WHERE SOIL MAYBE
DISTURBED DUE TO DEAD TREE
TO BRUSH REMOVAL
11147,76,
otc7
'fret
2. SEED WITH NATIVE GRASSES
AND FLOWERS WITH COVER CROP
-114 AFTER EVASIVE VAGETATION HAS
BEEN REMOVED
3.REFER TO MANAGEMENT PLAN
FOR RESTORATION DETAILS
SOIL DISTURBANCE MAP
FOWLER PROPERTY
GEOPHYSICAL RESEARCH SOCIETY, LLC
10315 Rival-0.12.d
Eden Prallie, MN 55341
PINE PLANTATION
Remove invasive non-native shrubs.
Manage stem density of conifers to
ensure long-term health & structural
integrity of stand- estimate 5% tree
removal. (2008-2010)
Plant native herbaceous species to
improve biological diversity.
MIXED HARDWOOD FOREST
Cut invasive, non-native shrubs (e.g.
buckthom & honeysuckle completed
Fall 2007).
Seed native woodland grasses, sedges
& flowers to increase native plant
diversity. (2008-2010)
MIXED HARDWOOD FOREST
Cut invasive brush & seed native
woodland grasses, sedges & flowers
appropriate for site. To improve
native species diversity-no significant
tree removal proposed.
(2008-2011)
4 AC
:.2.1 AC. \
cut invasive .
..•rieei-na.tive shrubs . . .
(4110).,
OAK WOODLAND/SAVANNA
Cut non-native brush & seed
appropriate native savanna/woodland
edge grasses, sedges & fonas.
Select cutting of invasive trees where
they are damaging the health of
savanna oaks- estimated 5-15%
tree removal. (Trees less than 12" die.)
Potential prescribed bum(s) to foster
restoration of healthy native plant
community. (2008-2012)
(Supplemental oak planting may be
undertaken)
STREAM RESTORATION
Work with city, watershed, DNR &
other appropriate stakeholders to
design & implement stream restoration
to stabilize banks & reduce errosion.
(2009-2012)
City Land Alteration Permit will be
needed as well as a wetland delineation.
FLOODPLAIN FOREST
Cut invasive species (minimal)
existing ffoodplain forest is in good
condition. Minimal native tree cutting
& ground/herbaceous layer
management proposed. (2009)
Thin out overgrowth and remove dead
& downed trees.
RESTORATION
PHASING PLAN
April 22, 2008
EROSION CORRECTION
Future project
(City/Watershed Partners)
OAK WODLAND
Cut invasive, non-native shrubs. Treat/
manage garlic mustard. Cut invasive
trees where they are impacting the
hearth of oaks & other significant trees
(e.g. growing into & damaging crowns
of oaks- estimated 5% removal) seed
native sedges, grasses & flowers
appropriate for oak woodland.
(2008-2012)
NON-NATIVE GRASSES
Control non-native grasses, seed native
grasses, sedges & flowers following
site preparation- prescribed bum(s)
may be utilized to foster healthy
restoration. (2009-2012)
Nig?
20P .
FOWLER PROPERTY
GEOPHYSICAL RESEARCH SOCIETY, LLC
10315 Riverview Road
Eden Prairie, MN 55347
Owner Contact: Tony Phillippi
651-406-4900
lt ftyl OM=
flJS WrJgIraw 3S
at. 0651, 222 23123
Tana; 6514.1.M0
14C 611.6.1.1311
Er717MR
1.10. Mt NI PVT
NONtRKIII ,00e .1.*n
Seepage
wet
meadow
Mixed
hardwood
forest
Minnesota
River
Floodpiain forest
Nonnative
grasses
Oak
woodland-
brushland
Nonnative
grasses
Fowler Property Natural Resources Management Plan
KA259110ia
0 1 CC Fee l
LEGEND
Approximate property boundary
7-1 Land cover ;It Bonestroo
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
May 20, 2008
DEPARTMENT/DIVISION:
Office of the City Manager
Karen Kurt, Human Resources
Manager
ITEM DESCRIPTION:
Award Contract for Employee Assistance Program
(EAP) Services to The Oasis Group
ITEM NO.: VIII.M.
Requested Action
Move to: Award contract for employee assistance program (EAP) services to The Oasis Group.
Synopsis
The City issued a request for proposal for employee assistance program (EAP) services. Four
organizations responded to the RFP. The recommended provider, The Oasis Group, would
exceed the level of service outlined in our current contact. The Oasis Group also had the lowest
cost proposal. Our employee benefit committee reviewed the proposals, interviewed finalists,
and supports our recommendation.
Attachments
Employee Assistance Program Contract
SERVICE AGREEMENT
THIS AGREEMENT is entered into this 1st day of June, 2008, by and between:
City of Eden Prairie
8080 Mitchell Rd
Eden Prairie, MN 55344
and THE OASIS GROUP
4830 W. 77th Street Suite 106
Edina, Minnesota 55435
RECITALS
A. Oasis Group provides employee assistance resource services to employees
and household members.
B. City of Eden Prairie (“City”) maintains such employee benefit plans for its
employees and household members and desires to avail itself of the
services offered by Oasis Group, as an independent contractor, under the
terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth
herein, the parties hereto agree as follows:
AGREEMENT
1. Appointment and Retention
City hereby appoints and retains Oasis Group to provide the employee assistance
resources described in Section 2 herein, to all employees of City participating in
City’s benefit plans and all household members of such participating employees.
Oasis Group hereby accepts such appointment and agrees to provide and perform
the services set forth in Section 2, herein, in accordance with the terms and
conditions of this Agreement.
2. Services Provided by Oasis Group
Oasis Group agrees to provide the following services to City and all employees
and their household members:
a. A letter and brochure will be provided to every employee and posters will be
posted at Company facilities explaining the services offered by Oasis Group.
b. Telephone access to Oasis personnel for assessment and referral will be provided
on a seven day a week, 24 hour a day basis, including a toll free number (1-877-
730-7074).
c. Assessment and referral of employees and household members up to 3 sessions of
brief counseling per problem. Referrals will be limited to Oasis providers unless
otherwise agreed upon between City and Oasis. Appointments will be offered
within 48 hours of the client’s initial call. For assistance beyond EAP, all
attempts will be made to refer the client into their medical benefits when
appropriate.
d. Training for all employees including management and supervisory personnel on
how to access services, when and why to refer employees for services, and what
the employee resource program can provide to City and its employees.
e. Consultation with management and supervisory personnel and their designees
regarding an individual employee’s performance problems and group/team
functioning issues and consultations with external providers.
f. Other services at the request of management including, but not limited to,
consultation regarding critical incident debriefing, conflict, violence and threat
assessment, team-based skills training, organizational effectiveness and
behavioral disability management.
g. A quarterly and year-end report to City summarizing services performed during
the reporting period. In accordance with applicable federal and state laws, the
names of employees and family members receiving services or individual
identifying information will not be released.
Notwithstanding anything herein to the contrary, the Oasis Group shall not provide
services to any employee or household member that refuses to sign a standard informed
consent agreement provided by Oasis Group as a condition of services hereunder.
3. Duties and Obligation of City
As a condition of the services being provided by Oasis Group hereunder, City
agrees take the following actions:
a. To appoint a person to act as City’s designated liaison with Oasis Group.
b. To encourage all employees, including management and supervisory personnel, to
utilize the services provided by Oasis Group as and when appropriate.
c. To allow management and supervisory personnel to participate in an annual
training program conducted by Oasis Group.
d. To allow employees to participate in orientations conducted by Oasis Group on a
periodic basis throughout the year, as scheduled by management.
e. To provide Oasis Group with a current description of mental health benefits and
providers to facilitate the referral process.
f. To provide regular feedback to Oasis Group regarding the effectiveness,
perception and perceived quality of services being delivered hereunder.
4. Payment and Billing Records
a. Oasis Group shall be compensated for services under this Agreement in
accordance with the fee schedule attached hereto as Schedule A. City will be
invoiced on a quarterly basis (or such other schedule as shall be mutually agreed)
and all such invoices shall be payable within 30 days of the invoice date. To
receive any payment on this Agreement, the invoice 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 paid.@
b. Oasis Group shall maintain accounts, books and other records of its billable
charges incurred in performing services hereunder in such manner as to permit
verification of all charges made hereunder. The books, records, documents, and
accounting procedures and practices of Oasis Group shall be subject to
examination by City and either the Legislative Auditor or the State Auditor for a
period of six years after the termination date of this Agreement. This Section 4(b)
shall not obligate Oasis Group to disclose confidential client or patient
information.
5. Independent Contractor
Oasis Group acknowledges that it is an independent contractor and not an agent,
employee, joint venturer, business partner or legal representative of City.
Personnel performing services hereunder are solely the employees of Oasis Group
and are not employees, agents or contractors of City. Oasis Group is solely
responsible for withholding and paying any and all federal, state and local taxes,
social security payments, and other payments that may be due incident to
payments made by Oasis Group to its employees for services performed under
this Agreement.
6. Insurance
a. Oasis Group shall maintain at all times during the term of this Agreement such
insurance as will protect City against any claims or liabilities arising out of its
services performed hereunder. Oasis Group shall provide the insurance coverages
at Oasis Group’s sole expense and with insurance companies licensed to do
business in the state of Minnesota and having a current A.M. Best rating of no
less than A-, unless specifically accepted by City in writing. Such insurance shall
include, but not necessarily be limited to, the following:
Professional Liability Insurance: Oasis Group shall maintain professional
liability insurance having a minimum limit of one million dollars ($1,000,000) per
occurrence and three million dollars ($3,000,000) annual aggregate.
b. A copy of Oasis Group’s insurance declaration page, Rider and/or Endorsement,
as applicable, which evidences the compliance with this Section 6, must be filed
with City prior to the start of Oasis Group’s Work. Such documents evidencing
insurance shall be in a form acceptable to City and shall provide satisfactory
evidence that Oasis Group has complied with all insurance requirements.
Renewal certificates shall be provided to City not less than thirty (30) days prior
to the expiration date of any of the required policies. City will not be obligated,
however, to review such declaration page, Rider, Endorsement or certificates or
other evidence of insurance, or to advise Oasis Group of any deficiencies in such
documents and receipt thereof shall not relieve Oasis Group from, nor be deemed
a waiver of, City’s right to enforce the terms of Oasis Group’s obligations
hereunder. City reserves the right to examine any policy provided for under this
Section.
c. If Oasis Group fails to provide the specified insurance, then Oasis Group will
defend, indemnify and hold harmless the City, the City's officials, agents and
employees from any loss, claim, liability and expense (including reasonable
attorney's fees and expenses of litigation) to the extent necessary to afford the
same protection as would have been provided by the specified insurance.
7. Term and Termination
a. This Agreement shall become effective as of the date hereof and shall
continue in full force and effect until May 31, 2010, or terminated by
either party for its convenience on at least thirty (30) days prior written
notice to the other party. The contract will automatically renew on June 1
of each year unless terminated under the terms stated above.
b. Notwithstanding the provisions of Section 7(a), above, this Agreement
may be terminated at any time by either party, immediately upon written
notice to the other party if such other party commits or allows any breach
of any provision of this Agreement which is incurable or which is curable
but is not cured within thirty (30) days after written notice thereof to such
other party.
c. Upon termination of this Agreement, City shall be liable for payment of
all services rendered and charges incurred by Oasis Group to the effective
date of termination in accordance with the payment provisions of this
Agreement.
8. Indemnification
a. Oasis Group agrees to indemnify and hold City, its directors, officers and
employees harmless from and against any and all damages, and expenses
(including attorneys’ fees) reasonably incurred with respect to any action
or proceeding brought before any court, administrative body or other
tribunal, in connection with the services rendered by Oasis Group, to the
extent that the Oasis Group or any of its employees is found to have
engaged in negligence, a willful act or omission, or the violation of any
law, statute, ordinance or regulation.
b. City agrees to indemnify and hold Oasis Group, its directors, officers and
employees harmless from and against any and all damages, and expenses
(including attorneys’ fees) reasonably incurred with respect to any action
or proceeding brought before any court, administrative body or other
tribunal, in connection with the services rendered by Oasis Group, to the
extent that City or any of its employees is found to have engaged in
negligence, a willful act or omission, or the violation of any law, statute,
ordinance or regulation.
b. NOTWITHSTANDING THE FOREGOING, IT IS HEREBY
EXPRESSLY UNDERSTOOD THAT NEITHER PARTY SHALL BE
LIABLE FOR, AND EACH PARTY HEREBY SPECIFICALLY
DISCLAIMS ANY LIABILITY FOR PUNITIVE, EXEMPLARY OR
TREBLE DAMAGES.
9. Confidentiality
Oasis Group acknowledges that in the course of performing services under this
Agreement it will have access to, obtain, receive and maintain information
regarding City’s employees and their eligible dependents that is deemed
confidential under the provisions of various applicable federal and state privacy
laws. Oasis Group recognizes the sensitivity and confidentiality of this
information and agrees to maintain procedures designed to assure that all such
information will be held in strict confidence and released only in accordance with
and to the extent required by the provisions of applicable law or pursuant to a
written authorization by the subject employee or eligible dependent. Said
procedures shall include, but not necessarily be limited to, Oasis Group’s
compliance at all times with the Minnesota Government Data Practices Act,
Minn. Stat. Section1301, et seq., to the extent that the Act is applicable to data
and documents in the hands of the Oasis Group. Oasis will, upon written request
and proper cause being shown, release to an employee’s supervisor for purposes
of disciplinary action: (i) whether the employee has received assistance from an
Oasis Group counselor; and (ii) whether the counselor’s recommendations are
being followed. Additional information will be released only pursuant to an
employee’s written authorization.
10. Nondiscrimination
Oasis Group shall not discriminate in its employment practices or any terms or
conditions of employment, or with respect to participation in any program, service
or activity, on the basis of race, color, religion, creed, national origin, age, sex,
disability, marital status, handicap status, veteran status, sexual preference, HIV
status, or public assistance status and shall comply in all respects with Title VII of
the Civil Rights Act of 1964, as amended by the Equal Employment Opportunity
Act of 1972, as well as Executive Orders 11246 and 11375 (“Nondiscrimination
under Federal Contracts”) and all other applicable federal, state and locals laws
and regulations prohibiting discrimination in employment.
11. Notice
Any notice or other communication hereunder shall be in writing and shall be
deemed given and effective (i) when delivered personally, sent by confirmed
telecopy, or by overnight express; or (ii) three days after postmark date if mailed
by certified or registered mail, return receipt requested, addressed to a party at its
address stated in the introductory paragraph of this Agreement or to such other
address as such party may designate by written notice to the other party in
accordance with the provisions of this Section.
12. Entire Agreement.
This Agreement contains the entire understanding and agreement between the
parties hereto and supersedes any prior understandings between them respecting
the subject matter of this Agreement. This Agreement shall not be modified,
amended or supplemented except by a written agreement executed by both of the
parties hereto.
13. Severability.
If any provision of this Agreement is held to be unenforceable, invalid or illegal
by any court of competent jurisdiction, such unenforceable, illegal or invalid
provisions shall not affect the remainder of this Agreement.
14. Subcontracting or Assignment.
This Agreement and all of the provisions hereof shall be binding upon and inure
to the benefit of the parties hereto and their respective successors and assigns, but
neither this Agreement nor any of the rights, interests or obligations or any
payments due hereunder shall be subcontracted or assigned by Oasis Group
without the prior written consent of City.
15. Governing Laws.
This Agreement shall be governed by and interpreted in accordance with the
internal substantive laws of the State of Minnesota exclusive of any conflict of
laws provisions.
16. Conflicts.
No salaried officer or employee of City and no member of the Board of City shall
have a financial interest, direct or indirect, in this Agreement. The violation of
this provision renders the Agreement void. Any federal regulations and
applicable state statutes shall not be violated.
IN WITNESS WHEREOF, the parties have executed this Agreement to be effective as of
the date first set forth above.
THE OASIS GROUP CITY OF EDEN PRAIRIE
____________________________
James B. Printup
President
____________________________
Phil Young
Mayor
____________________________
Scott Neal
City Manager
Schedule A
FEE SCHEDULE
A. Fee for EAP services = $1.55 per employee per month
* Population for City of Eden Prairie on the effective date of 6/1/08 is 350.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE: May 20, 2008
DEPARTMENT/DIVISION:
Michael Sheggeby, Office of
the City Manager, Facilities
ITEM DESCRIPTION:
Community Center Ice Resurfacers
ITEM NO.: VIII.N.
Requested Action
Move to: Award the bid for the two Ice Resurfacers for the Community Center to Frank J.
Zamboni & Co., Inc.
Synopsis
The City advertised in the designated newspaper requesting sealed bids for two Ice Resurfacers
for the Community Center. One machine is needed for the new third rink and one is a
replacement for the 1998 Olympia. Bids were received from two companies. A summary of the
bids are as follows:
Machine #1 Machine #2
• Becker Arena Products (Olympia) $101,459.25 * $108,459.25
• Frank J. Zamboni & Co., Inc. (Zamboni) $75,006.36 * $79,181.79
* Trade-in 1998 Olympia
Staff recommends awarding the contract to Frank J. Zamboni & Co., Inc. The estimated cost for
replacement was $80,000. These amounts are budgeted in the 2008 Capital Improvement
Program.
Background Information
A third ice resurfacer is needed for the new third rink. Use of the existing machines is not
possible because of the possibility of three ice cuts at the same time and because of the location
of the new resurfacer room in conjunction to the existing rinks.
The useful life of an ice resurfacer is 10-15 years but configuration of the resurfacer room at the
Community Center has greatly increased wear to the machines. The replacement of the 1998
Olympia was included in the 2008 CIP. The newer machines also have improvements to
emission controls which is important for maintaining the air quality of the Community Center ice
rinks.
Eden Prairie Community Center
Ice Resurfacer
Bid Opening 12:00pm
May 2, 2008
Bidder’s List
Bidder’s Name Base Bid Amount
Machine #1
Base Bid Amount
Machine #2
Becker Arena Products, Inc.
6611 West Highway 13
Savage, MN 55378
Bid Received: 5/2/08 11:45am
$101,459.25
$108,459.25
Frank J. Zamboni & Co., Inc.
15714 Colorado Avenue
Paramount, CA 90723-0770
Bid Received: 5/1/08 (FedEx)
$75,006.36
$79,181.79
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2008-
RESOLUTION APPROVING THE PARTICIPATION OF THE HENNEPIN COUNTY
HOUSING AUTHORITY IN AN EDEN PRAIRIE AFFORDABLE HOUSING PROJECT
WHEREAS, the City of Eden Prairie has entered into an agreement with Ryland Homes to provide
eight affordable townhomes in the Eagle Ridge at Hennepin Village 6th Addition; and
WHEREAS, City of Eden Prairie has agreed to use Community Development Block Grant funds
assist with the purchase of these properties by West Hennepin Affordable Housing Land Trust
(WHAHLT); and
WHEREAS, WHAHLT has also been approved for funding of these projects by the Hennepin
County Housing and Redevelopment Authority (HCHRA); and
WHEREAS, the Hennepin County Housing and Redevelopment Authority (HCHRA) in
Resolution No. 07-HCHRA-13 has approved the use of a $25,000 Affordable Housing Incentive
Fund loan for the WHAHLT project at 9983 Wildflower Drive, and other future WHAHLT
acquisitions, contingent upon the Eden Prairie Housing and Redevelopment Authority’s consent
to the HCHRA’s participation in the project; and
WHEREAS, the loan from the HCHRA will complete the financing required for the project to
go forward.
BE IT RESOLVED, that the participation of the Hennepin County Housing and Redevelopment
Authority in the project is hereby approved.
ADOPTED by the City Council of the City of Eden Prairie this 20th day of May, 2008.
___________________________
Phil Young, Mayor
ATTEST:
__________________________
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Agenda
DATE:
May 20, 2008
DEPARTMENT/DIVISION:
Molly Koivumaki
Housing and Community
Services
ITEM DESCRIPTION:
Resolution approving the participation of the
Hennepin County Housing Authority in an Eden
Prairie affordable housing project.
ITEM NO.: VIII.0.
Requested Action
Move to: Adopt resolution approving participation of the Hennepin County Housing Authority in
an Eden Prairie housing project.
Background
The City of Eden Prairie has an agreement with Ryland Homes to provide eight affordable
townhomes in the Eagle Ridge at Hennepin Village 6th addition. The City has agreed to use
Community Development Block Grant funds to assist with the purchase of these properties by
West Hennepin Affordable Housing Land Trust (WHALT).
WHAHLT has also been approved to receive funding for these projects by the Hennepin County
Housing and Redevelopment Authority (HCHRA).
The HCHRA needs City Council approval in order to go forward with the funding and
completion of the financing for the project at 9983 Wildflower Drive in Hennepin Village 6th
Addition.
Attachment
Resolution
CITY COUNCIL AGENDA
SECTION: Payment of Claims
DATE:
May 20, 2008
DEPARTMENT/DIVISION:
Sue Kotchevar, Office of the
City Manager/Finance
ITEM DESCRIPTION:
Payment of Claims
ITEM NO.: X.
Requested Action
Move to: Approve the Payment of Claims as submitted (roll call vote)
Synopsis
Checks 174303 – 174664
Wire Transfers 3019 – 3028
City of Eden Prairie
Council Check Summary
5/20/2008
Division Amount
General 34,801
100 City Manager 257
101 Legislative 5,475
110 City Clerk 654
111 Customer Service 2,063
113 Communication Services 193
114 Benefits & Training 11,734
116 Facilities 158
117 City Center 86,972
119 Cmty Center - Facilities 17,769
130 Assessing 1,867
132 Housing and Community Services 15,110
133 Planning 861
135 Information Technology 60
151 Park Maintenance 6,721
152 Parks Capital Outlay 8,445
153 Organized Athletics 2,021
154 Community Center 3,802
156 Youth Programs 1,041
157 Special Events 359
158 Adult Recreation 2,251
159 Recreation Administration 165
160 Therapeutic Recreation 92
162 Arts 244
163 Outdoor Center 1,267
180 Police 10,181
184 Fire 21,144
200 Engineering 1,256
201 Street Maintenance 4,798
202 Street Lighting 59,932
301 CDBG 2,410
304 Senior Board 129
309 DWI Forfeiture 9,473
316 WAFTA 84
317 Eden Prairie Players 50
503 Utility Improvement 117,739
509 CIP Fund 124,488
516 ADC PROJECT 366
519 Community Center Expansion 12,205
522 Improvement Projects 2006 38,865
524 Sprint / Nextel 96
601 Prairie Village Liquor 85,564
602 Den Road Liquor 122,170
603 Prairie View Liquor 66,560
605 Den Road Building 13,791
701 Water Fund 42,913
702 Sewer Fund 1,778
703 Storm Drainage Fund 845
802 494 Commuter Services 22,737
803 Escrow Fund 21,460
807 Benefits Fund 327,513
812 Fleet Internal Service 45,487
813 IT Internal Service 54
Report Totals 1,358,470
City of Eden Prairie
Council Check Register
5/20/2008
Check # Amount Vendor / Explanation Account Description Business Unit
3019 113 ADMINISTRATION RESOURCES CORP Other Contracted Services Health and Benefits
3020 12,874 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund
3021 17,434 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund
3022 108,943 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits
3023 12,430 US BANK TRUST HRA Health and Benefits
3024 29,173 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits
3025 154,206 WELLS FARGO MINNESOTA N A SS & Medicare Health and Benefits
3026 18,526 DELTA DENTAL PLAN OF MN COBRA Health and Benefits
3027 345 MINNESOTA DEPARTMENT OF REVENU Licenses, Permits, Taxes Water Wells
3028 4 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits
174305 6,419 MINNEAPOLIS DOWNTOWN COUNCIL General 494 Corridor Commission
174306 837 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center
174307 130 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events
174308 280 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events
174309 12,753 AIM ELECTRONICS Contract Svcs - Ice Rink Ice Arena Maintenance
174310 142 AMERIPRIDE LINEN & APPAREL SER Repair & Maint. Supplies Prairie View Liquor Store
174311 3,176 AMSAN LLC Cleaning Supplies Community Center Maintenance
174312 2,937 AMWA Dues & Subscriptions Utility Operations - General
174313 816 ANNIE'S CAFE Operating Supplies Classes/Programs/Events
174314 213 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating
174315 14 B & V VENDING INC Operating Supplies Concessions
174316 450 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating
174317 746 BELLBOY CORPORATION Operating Supplies Den Road Liquor Store
174318 132 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations - General
174319 500 BEST & FLANAGAN LLP Other Contracted Services Rehab
174320 100 BEST, MIKE Other Contracted Services Assessing
174321 1,177 BME CONSULTING Wages No Benefits Assessing
174322 10 BORDER STATES ELECTRIC SUPPLY Capital Under $10,000 CIP - Bonds
174323 208 BOYER TRUCKS Equipment Parts Fleet Operating
174324 56 BROVEAK, JESSICA Mileage & Parking Arts
174325 852 BUNCH, DENISE H Other Contracted Services Fitness Classes
174326 84 CARVER COUNTY TREASURER Licenses & Taxes WAFTA
174327 268 CLAREYS INC Safety Supplies Utility Operations - General
174328 61 COMCAST Dues & Subscriptions City Council
174329 4,807 COMMUNICATION SPECIALISTS INC Capital Under $10,000 CIP - Bonds
174330 160 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund
174331 779 CONCRETE CUTTING & CORING INC Repair & Maint. Supplies Storm Drainage
174332 470 CORPORATE EXPRESS Office Supplies General
174333 188 CRACAUER, CLIFF Mileage & Parking Fleet Operating
174334 96 DART PORTABLE STORAGE INC Other Contracted Services Sprint / Nextel
174335 5,069 DAY DISTRIBUTING Beer Prairie View Liquor Store
174336 238 DESIGN DESIGN Misc Taxable Den Road Liquor Store
174337 82 DIRECTV Cable TV Community Center Admin
174338 155 DISH NETWORK Cable TV Community Center Admin
174339 100 DUOOS, BRIAN Other Contracted Services Assessing
174340 1,621 EAGLE WINE COMPANY Wine Imported Prairie View Liquor Store
174341 378 EARL F ANDERSEN INC Signs Traffic Signs
174342 245 ECM PUBLISHERS INC Advertising Prairie View Liquor Store
174343 29 EDEN PRAIRIE WINLECTRIC Operating Supplies Street Maintenance
174344 161 ELIASON, STEVE J Other Contracted Services Softball
174345 2,613 EMPIREHOUSE INC Operating Supplies Capital Impr. / Maint. Fund
174346 362 EPIC PRODUCTS Misc Taxable Den Road Liquor Store
174347 87 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store
174348 707 FASTENAL COMPANY Supplies - General Bldg Community Center Maintenance
174349 98 FERRELLGAS Motor Fuels Fleet Operating
174350 37 FORCE AMERICA Equipment Parts Fleet Operating
174351 384 FRAGALE, ANNETTE Instructor Service Classes/Programs/Events
174352 550 G & K SERVICES Clothing & Uniforms Park Maintenance
174353 892 G & K SERVICES-MPLS INDUSTRIAL Janitor Service Utility Operations - General
174354 4,839 GARDEN ROOM FRATELLI'S GARDEN Miscellaneous City Council
174355 217 GE CAPITAL Other Rentals General
Check # Amount Vendor / Explanation Account Description Business Unit
174356 10 GENZ RYAN PLUMBING & HEATING Cash Over/Short General Fund
174357 430 GETTMAN COMPANY Misc Taxable Prairie View Liquor Store
174358 114 GINA MARIAS INC Miscellaneous Police
174359 885 GOOD, JAMIE Tuition Reimbursement/School Organizational Services
174360 634 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store
174361 2,620 GRAYMONT Treatment Chemicals Water Treatment Plant
174362 12,026 GRIGGS COOPER & CO Liquor Den Road Liquor Store
174363 110 GUSTAD, MARK Tuition Reimbursement/School Police
174364 1,534 HANSEN THORP PELLINEN OLSON Design & Engineering Utility Improvement Fund
174365 25,337 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Operating
174366 220 HEALTHWAYS Operating Supplies Community Center
174367 95,698 HENNEPIN COUNTY TREASURER-TAXP Licenses & Taxes Den Road Building
174368 861 HOME DEPOT CREDIT SERVICES Supplies - General Bldg Outdoor Center Facilities
174369 62 ICI DULUX PAINT CTRS Repair & Maint. Supplies Water Treatment Plant
174370 63 IDEARC MEDIA CORP (VERIZON DI Advertising Prairie View Liquor Store
174371 3,431 INDUSTRIAL FLOOR MAINTENANCE I Equipment Parts Fleet Operating
174372 10,664 INTERNATIONAL LEADERSHIP ASSOC Other Contracted Services Organizational Services
174373 1,590 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund
174374 150 IRMITER, JESSE Deposits Escrow
174375 3,077 ITL PATCH COMPANY INC Clothing & Uniforms Fire
174376 128 ITS A KEEPER Operating Supplies Internal Events
174377 8,298 JJ TAYLOR DIST OF MN Beer Prairie View Liquor Store
174378 550 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant
174380 29,585 JOHNSON BROTHERS LIQUOR CO Wine Domestic Den Road Liquor Store
174381 100 JOHNSON, JIM Other Contracted Services Assessing
174382 79 KEEPERS Clothing & Uniforms Police
174383 42 KRAEMERS HARDWARE INC Supplies - General Bldg Ice Arena Maintenance
174384 14 LANO EQUIPMENT INC Equipment Parts Fleet Operating
174385 214 LARSON, ALLEN R. Mileage & Parking Police
174386 1,956 LAVAN FLOOR COVERING Other Contracted Services CIP - Bonds
174387 30 LEE, PETER AND CORINNE AR Utility Water Enterprise Fund
174388 80 LEIFELD FRAMING Operating Supplies Police
174389 5,865 LEONARD J KOEHNEN & ASSOC Other Assets CIP - Bonds
174390 3 LINDEN, ROSE Program Fee Red Hat
174391 857 LITTLE FALLS MACHINE INC Equipment Parts Fleet Operating
174392 289 LMHRC Miscellaneous City Council
174393 193 LORENZ, JOYCE Dues & Subscriptions Communication Services
174394 110 LOWERY, THOMAS Tuition Reimbursement/School Police
174395 4,101 MADISON NATIONAL LIFE Disability Ins Employers Health and Benefits
174396 8,303 MARK VII Beer Prairie Village Liquor Store
174397 55 MARSH HEATING & AC Mechanical Permits General Fund
174398 110 MASS BAR-MATE CORP Transportation Den Road Liquor Store
174399 238 MASTER CRAFT LABELS INC Operating Supplies Den Road Liquor Store
174400 6,251 MCF-LINO LAKES Other Contracted Services Utility Operations - General
174401 98 MCINTOSH, PAUL Refunds Environmental Education
174402 61 MCWATERS, LORENE Office Supplies City Manager
174403 423 MEDICINE LAKE TOURS Special Event Fees Trips
174404 395 MENARDS Capital Under $10,000 CIP - Bonds
174405 13,998 METRO FIRE Capital Under $10,000 Fire
174406 31 METROPOLITAN FORD Equipment Parts Fleet Operating
174407 30 MIDWEST ASPHALT CORPORATION Waste Blacktop/Concrete Street Maintenance
174408 664 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store
174409 764 MIDWEST FIRE PROTECTION INC Other Contracted Services CIP - Bonds
174410 1,252 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund
174411 100 MINNESOTA KITE SOCIETY INC Operating Supplies Purgatory Creek Recreation Are
174412 2,566 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Sewer Accounting
174413 100 MINNESOTA RECREATION & PARK AS Employment Advertising Organizational Services
174414 741 MINNESOTA VALLEY ELECTRIC COOP Electric Prairie Bluff Conservation
174415 102 MN MAINTENANCE EQUIPMENT INC Equipment Repair & Maint Park Maintenance
174416 169 MN NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund
174417 7,812 MOBILE RADIO ENGINEERING INC Capital Under $10,000 CIP - Bonds
174418 13,011 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant
174419 867 MOORE FUN INC Other Contracted Services Community Center Admin
174420 524 MORAN USA, LLC Misc Taxable Den Road Liquor Store
174421 122 NEW FRANCE WINE COMPANY Wine Imported Den Road Liquor Store
Check # Amount Vendor / Explanation Account Description Business Unit
174422 67 NORTHWEST RESPIRATORY SERVICE EMS Supplies Fire
174423 100 O'CONNOR, ANNETTE Other Contracted Services Assessing
174424 2,046 OLSEN'S EMBROIDERY/COMPANY Safety Supplies Fleet Operating
174425 71 OSI BATTERIES INC Operating Supplies Police
174426 99,071 PARK CONSTRUCTION Improvement Contracts Utility Improvement Fund
174427 2,626 PARK NICOLLET CLINIC Health & Fitness Fire
174428 15 PARRIS, PAT Program Fee Red Hat
174429 2,762 PAUSTIS & SONS COMPANY Transportation Den Road Liquor Store
174430 20,571 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie Village Liquor Store
174431 100 PIDCOCK, PATRICIA Other Contracted Services Assessing
174432 1,578 PRAIRIE ELECTRIC COMPANY Equipment Repair & Maint Water Storage
174433 640 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store
174434 401 PROP United Way Withheld General Fund
174435 955 PUBLIC SAFETY EQUIPMENT LLC Equipment Repair & Maint Police
174436 76 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
174438 18,323 QUALITY WINE & SPIRITS CO Liq Inventory Credits Prairie Village Liquor Store
174439 1,286 QWEST Telephone Purgatory Creek Rec Area
174440 20 RADCO Equipment Parts Fleet Operating
174441 515 RAV TECHNOLOGIES INC Contract Svcs - General Bldg Community Center Maintenance
174442 546 RAY, LEE Other Contracted Services Softball
174443 143 REED BUSINESS INFORMATION Legal Notices Publishing Engineering
174444 192 REYNOLDS WELDING SUPPLY CO Repair & Maint. Supplies Water System Maintenance
174445 250 RICHARD ALAN PRODUCTIONS Other Contracted Services Special Initiatives
174446 205 RIGHTWAY GLASS INC Equipment Repair & Maint Fleet Operating
174447 320 ROOT O MATIC Equipment Repair & Maint Sewer System Maintenance
174448 3,042 SCHARBER & SONS Machinery & Equipment Public Works
174449 79 SHAMROCK GROUP, INC - ACE ICE Misc Taxable Den Road Liquor Store
174450 75 SINELL, STEVE Mileage & Parking Assessing
174451 10,944 ST CROIX ENVIRONMENTAL INC Design & Engineering Utility Improvement Fund
174452 2,229 STANLEY SECURITY SOLUTIONS INC Supplies - Security Community Center Maintenance
174453 129 STEINER, SHARON Operating Supplies Senior Board
174454 563 STREICHERS Clothing & Uniforms Police
174455 42 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
174456 300 SUSA Dues & Subscriptions Utility Operations - General
174457 275 TASER INTERNATIONAL Tuition Reimbursement/School Police
174458 76 TERMINAL SUPPLY CO Equipment Parts Fleet Operating
174459 341 TESSCO Capital Under $10,000 CIP - Bonds
174460 11,315 THORPE DISTRIBUTING Beer Prairie View Liquor Store
174461 225 TRUE FABRICATIONS Transportation Den Road Liquor Store
174462 117 UNIFORMS UNLIMITED Clothing & Uniforms Police
174463 405 UNITED WAY United Way Withheld General Fund
174464 75 UNIVERSITY OF MINNESOTA Other Contracted Services Organizational Services
174465 60 UPS Postage Water Metering
174466 444 VARITECH INDUSTRIES INC Equipment Parts Fleet Operating
174467 120 VERIZON WIRELESS Pager & Cell Phone Police
174468 729 VINO SOURCE, THE Liquor Den Road Liquor Store
174470 5,370 WALL TRENDS INC Contract Svcs - General Bldg Ice Arena Maintenance
174471 57 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating
174472 1,100 WARWICK INDUSTRIAL INC Equipment Parts Water Wells
174473 92,479 WATSON FURNITURE GROUP Capital Under $10,000 CIP - Bonds
174474 56 WAYTEK INC Operating Supplies Park Maintenance
174475 200 WERTS, SANDY Petty Cash & Change Funds General Fund
174476 66 WESTWOOD PROFESSIONAL SERVICES Other Contracted Services Storm Drainage
174477 92 WHITE, NICOLE Mileage & Parking Therapeutic Rec Administration
174478 1,184 WINE COMPANY, THE Wine Imported Prairie View Liquor Store
174479 4,331 WINE MERCHANTS INC Wine Imported Prairie View Liquor Store
174480 1,918 WORLD CLASS WINES INC Wine Imported Den Road Liquor Store
174481 59,984 XCEL ENERGY Electric Street Lighting
174482 16 CBIZ FINANCIAL SOLUTIONS INC Other Contracted Services Health and Benefits
174483 4,303 DIVERSE BUILDING MAINTENANCE CH Robinson Janitor Service City Ctr - Tenant Direct Costs
174484 29 GRAINGER Supplies - Electrical City Hall - CAM
174485 165 MCELLIGOTT ADVERTISING INC Operating Supplies Recreation Administration
174486 60 MINNESOTA STATE FIRE SERVICE V Employment Support Test Fire
174487 843 STEVE LUCAS PHOTOGRAPHY Operating Supplies Fire
174488 3,650 GALE-TEC ENGINEERING INC Improvements to Land Capital Impr. / Maint. Fund
Check # Amount Vendor / Explanation Account Description Business Unit
174489 2,027 ITRON INC. Maintenance Contracts Water Metering
174490 115 MAAO Conference Expense Assessing
174491 100 RICHFIELD SILVER NOTES Special Event Fees Red Hat
174492 66 SHAMROCK GROUP, INC - ACE ICE Misc Non-Taxable Prairie Village Liquor Store
174493 1,853 US POSTMASTER - HOPKINS Postage Water Accounting
174494 320 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center
174495 158 AMERIPRIDE LINEN & APPAREL SER Repair & Maint. Supplies Den Road Liquor Store
174496 1,292 AMSAN LLC Cleaning Supplies Community Center Maintenance
174497 67 ANNIE'S CAFE Special Event Fees Red Hat
174498 955 AQUA LOGIC INC Contract Svcs - General Bldg Pool Maintenance
174499 176 BARNES, BELINDA A. Other Contracted Services Volleyball
174500 654 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating
174502 8,655 BELLBOY CORPORATION Transportation Prairie View Liquor Store
174503 26 BERTELSON TOTAL OFFICE SOLUTIO Equipment Parts Water Metering
174504 1,067 BLOOMINGTON, CITY OF Other Contracted Services Animal Control
174505 110 BOLD, PAULINE Instructor Service Outdoor Center
174506 100 BRODT, GLENN Refunds Environmental Education
174507 17 BROVEAK, JESSICA Mileage & Parking Arts
174508 253 BROWN TRAFFIC PRODUCTS INC Equipment Repair & Maint Traffic Signals
174509 451 CAT & FIDDLE BEVERAGE Wine Imported Prairie Village Liquor Store
174510 194 CHOICE INC Other Contracted Services Prairie Village Liquor Store
174511 65 CLOSED CIRCUIT SPECIALISTS INC Contract Svcs - Security Senior Center
174512 13 COMCAST Operating Supplies Fire
174513 571 CRIMINALISTICS INC Equipment Parts Fleet Operating
174514 16 DAHL, GAYLE Special Event Fees Red Hat
174515 703 DAKOTA SUPPLY GROUP INC Repair & Maint. Supplies Water Metering
174516 83 DALE GREEN COMPANY, THE Landscape Materials/Supp Street Maintenance
174517 5,946 DAY DISTRIBUTING Misc Non-Taxable Prairie View Liquor Store
174518 238 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General
174519 309 DECORATIVE DESIGNS INC Grounds Maintenance Water Treatment Plant
174520 777 DELEGARD TOOL CO Equipment Parts Fleet Operating
174521 60 DEM CON LANDFILL LLC Waste Disposal Street Maintenance
174522 895 DIGITAL ENTERTAINMENT INC Contract Svcs - General Bldg Community Center Maintenance
174523 1,950 EAGLE WINE COMPANY Transportation Prairie View Liquor Store
174524 4,631 ESS BROTHERS & SONS INC Repair & Maint. Supplies Utility Improvement Fund
174525 755 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment Plant
174526 18 EXECUTIVE OCEAN Operating Supplies Internal Events
174527 160 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store
174528 365 FAMILY & CHILDRENS SERVICE Other Contracted Services Housing and Community Service
174529 19 FASTENAL COMPANY Operating Supplies Park Maintenance
174530 54 FEDEX Operating Supplies Traffic Signals
174531 1,662 FERRELLGAS Gas Riley Lake
174532 8,445 FINLEY BROS INC Machinery & Equipment Capital Outlay Parks
174533 82 FRANKLIN, WOODROW G Clothing & Uniforms Reserves
174534 602 FRANZEN, MICHAEL D Conference Expense Planning
174535 87 GARDEN ROOM FRATELLI'S GARDEN Supplies - General Building City Center Operations
174536 87 GINA MARIAS INC Operating Supplies Fire
174537 845 GRAINGER Supplies - Fire/Life/Safety Community Center Maintenance
174538 2,056 GRAPE BEGINNINGS Transportation Prairie Village Liquor Store
174539 5,188 GRAYMONT Treatment Chemicals Water Treatment Plant
174540 75 GREENMAN TECHNOLOGIES OF MN IN Waste Disposal Fleet Operating
174542 14,861 GRIGGS COOPER & CO Transportation Prairie View Liquor Store
174543 5 GUTTROMSON, GLADYS Program Fee Classes/Programs/Events
174544 70 HENDERSON, THOMAS Tuition Reimbursement/School Police
174545 138 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering
174546 100 HENNEPIN COUNTY TREASURER Dues & Subscriptions Police
174547 2,736 HENNEPIN COUNTY TREASURER Board of Prisoner Police
174548 259 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Guide Plan
174549 1,078 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance
174550 1,501 HOHENSTEINS INC Beer Den Road Liquor Store
174551 246 HOLMES, TOM Other Contracted Services Volleyball
174552 16,321 HOYT PROPERTIES Deposits Escrow
174553 4,055 HULTGREN & HOXIE D.D.S., PA Deposits Escrow
174554 180 I E CLARK PUBLICATIONS Operating Supplies Arts Initiative
174555 14 I-STATE TRUCK CENTER Equipment Parts Fleet Operating
Check # Amount Vendor / Explanation Account Description Business Unit
174556 868 ICERINK SUPPLY CO Contract Svcs - Ice Rink Ice Arena Maintenance
174557 3,976 IND SCHOOL DIST 272 Other Contracted Services Housing and Community Service
174558 258 INDUSTRIAL FLOOR MAINTENANCE I Equipment Parts Fleet Operating
174559 320 INNOVATIVE GRAPHICS Clothing & Uniforms Special Events & Trips
174560 181 INTOXIMETERS Operating Supplies Police
174561 14,175 JJ TAYLOR DIST OF MN Transportation Prairie Village Liquor Store
174564 21,217 JOHNSON BROTHERS LIQUOR CO Liquor Prairie View Liquor Store
174565 941 KEEPERS Clothing & Uniforms Police
174566 67 KRAEMERS HARDWARE INC Supplies - General Bldg Community Center Maintenance
174567 9,473 KUSTOM SIGNALS INC Capital Under $10,000 DWI Forfeiture
174568 366 LANDFORM ENGINEERING COMPANY Design & Engineering ADC PROJECT
174569 47 LANO EQUIPMENT INC Equipment Parts Fleet Operating
174570 250 LEROY JOB TRUCKING INC Other Contracted Services Animal Control
174571 77 LESCO INC Landscape Materials/Supp Street Maintenance
174572 251 M. AMUNDSON LLP Misc Taxable Prairie View Liquor Store
174573 45 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating
174574 504 MALONE, TOM Instructor Service Winter Skill Development
174575 9,467 MARK VII Beer Prairie View Liquor Store
174576 1,265 MAXIMUM SOLUTIONS INC Operating Supplies Ice Arena
174577 1,500 MEALS ON WHEELS Other Contracted Services Housing and Community Service
174578 40 MEMA Conference Expense Fire
174579 141 MENARDS Operating Supplies Traffic Signs
174580 39 MERLINS ACE HARDWARE Operating Supplies Park Maintenance
174581 200 METRO LEAK DETECTION OCS-Utility Locates Water System Maintenance
174582 720 METRO SALES INCORPORATED* Equipment Repair & Maint General
174583 120 METROPOLITAN FORD Equipment Parts Fleet Operating
174584 495 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Den Road Liquor Store
174585 1,086 MINNESOTA ATHLETIC APPAREL Fire Prevention Supplies Fire
174586 375 MINNESOTA POLLUTION CONTROL AG Design & Engineering Improvement Projects 2006
174587 368 MINNESOTA SAFETY SERVICES LLC Training Supplies Pool Lessons
174588 975 MINNESOTA TRANSPORATION ALLICA Dues & Subscriptions Engineering
174589 13 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
174590 604 NEENAH FOUNDRY COMPANY Equipment Repair & Maint Traffic Signals
174591 572 NEW FRANCE WINE COMPANY Transportation Prairie Village Liquor Store
174592 1,559 NORTHWEST BUSINESS SYSTEMS Other Contracted Services Fleet Operating
174593 190 NORTHWEST LASERS INC Other Contracted Services Park Maintenance
174594 87 NUCO2 INC Chemicals Pool Maintenance
174595 127 OFFICE DEPOT CREDIT PLAN Office Supplies Utility Operations - General
174596 217 ONCE UPON A STAR Instructor Service Preschool Events
174597 6,404 PAUSTIS & SONS COMPANY Wine Imported Den Road Liquor Store
174598 300 PHILIPSEK, REYNOLD Other Contracted Services City Council
174600 15,814 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store
174601 344 PITNEY BOWES Postage General
174602 509 PITNEY BOWES Postage General
174603 2,427 POMP'S TIRE SERVICE INC Tires Fleet Operating
174604 332 PRAIRIE ELECTRIC COMPANY Equipment Repair & Maint Water Treatment Plant
174605 16 PRAIRIE LAWN AND GARDEN Equipment Repair & Maint Park Maintenance
174606 29 PRIOR WINE COMPANY Transportation Prairie View Liquor Store
174608 11,408 QUALITY WINE & SPIRITS CO Transportation Prairie View Liquor Store
174609 1,429 R J THOMAS MFG CO INC Repair & Maint. Supplies Park Maintenance
174610 416 RAY, LEE Other Contracted Services Softball
174611 1,024 REBS MARKETING Other Contracted Services Water Accounting
174612 653 REED BUSINESS INFORMATION Legal Notices Publishing Utility Improvement Fund
174613 150 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating
174614 7,245 SENIOR COMMUNITY SERVICES Other Contracted Services Housing and Community Service
174615 193 SHAMROCK GROUP, INC - ACE ICE Transportation Prairie Village Liquor Store
174616 15,638 SHORT ELLIOTT HENDRICKSON INC Design & Engineering Improvement Projects 2006
174617 405 SNAP-ON TOOLS Small Tools Fleet Operating
174618 654 SOUTHWEST SUBURBAN PUBLISHING- Legal Notices Publishing City Clerk
174619 25,438 SRF CONSULTING GROUP INC Deposits Escrow
174620 230 STANLEY SECURITY SOLUTIONS INC Supplies - Security Community Center Maintenance
174621 317 STATE CHEMICAL MFG. CO., THE Cleaning Supplies Utility Operations - General
174622 12 STEINER, SHARON Program Fee Red Hat
174623 2,500 STOREFRONT GROUP, THE Other Contracted Services Housing and Community Service
174624 1,717 STREICHERS Equipment Parts Fleet Operating
Check # Amount Vendor / Explanation Account Description Business Unit
174625 110 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
174626 50 SUN NEWSPAPERS Advertising Eden Prairie Players
174627 13,772 THORPE DISTRIBUTING Beer Den Road Liquor Store
174628 487 UNIFORMS UNLIMITED Clothing & Uniforms Police
174629 304 VANCE BROTHERS INC Patching Asphalt Street Maintenance
174630 83 VANDRIEL, CRIS Refunds Environmental Education
174631 560 VESSCO INC Equipment Parts Water Treatment Plant
174632 789 VINO SOURCE, THE Transportation Prairie Village Liquor Store
174633 1,088 VINOCOPIA Transportation Den Road Liquor Store
174634 1,910 VR BUILDERS Other Contracted Services Rehab
174635 575 WALL TRENDS INC Contract Svcs - General Bldg City Hall - CAM
174636 10 WELD & SON'S PLUMBING Cash Over/Short General Fund
174637 2,151 WHEELER HARDWARE COMPANY Contract Svcs - General Bldg Pool Maintenance
174638 396 WILSONS NURSERY INC Landscape Materials/Supp Park Maintenance
174639 1,781 WINE COMPANY, THE Transportation Prairie View Liquor Store
174640 8,694 WINE MERCHANTS INC Transportation Prairie Village Liquor Store
174641 121 WOLF CAMERA Operating Supplies Park Maintenance
174642 564 WORLD CLASS WINES INC Transportation Prairie View Liquor Store
174643 15 ZIEGLER INC Equipment Parts Fleet Operating
174644 299 BACHMAN PRINTING General 494 Corridor Commission
174645 62 COMCAST General 494 Corridor Commission
174646 7 CULLIGAN BOTTLED WATER General 494 Corridor Commission
174647 290 EDINA CHAMBER OF COMMERCE General 494 Corridor Commission
174648 1,361 EXPRESS PERSONNEL SERVICES General 494 Corridor Commission
174649 127 FEDEX KINKO'S OFFICE AND PRINT General 494 Corridor Commission
174650 558 INDEPENDENT SCHOOL DISTRICT NO General 494 Corridor Commission
174651 20 INTERNET EXPOSURE INC General 494 Corridor Commission
174652 135 KENNEDY RECOGNITION General 494 Corridor Commission
174653 272 MADISON, MELISSA General 494 Corridor Commission
174654 206 MEREDITH KATE General 494 Corridor Commission
174655 1,500 MESSERLI & KRAMER General 494 Corridor Commission
174656 6,359 MINNEAPOLIS DOWNTOWN COUNCIL General 494 Corridor Commission
174657 20 MINNEAPOLIS REGIONAL CHAMBER O General 494 Corridor Commission
174658 358 NATIONAL PREMIUM INC General 494 Corridor Commission
174659 130 NELSON, ROBIN General 494 Corridor Commission
174660 44 SOLUTION BUILDERS General 494 Corridor Commission
174661 25 SOUTHWEST TRANSIT General 494 Corridor Commission
174662 3,397 TEMPFORCE General 494 Corridor Commission
174663 90 VERIZON WIRELESS General 494 Corridor Commission
174664 1,060 WELLS FARGO BANK General 494 Corridor Commission
1,358,470 Grand Total
CITY COUNCIL AGENDA
SECTION: Reports of the City Manager
DATE:
May 20, 2008
DEPARTMENT/DIVISION:
Sue Kotchevar, Office of the
City Manager/Finance
ITEM DESCRIPTION:
2007 Comprehensive Annual Financial
Report (CAFR)
ITEM NO.: XIV.B.1.
Requested Action
Move to: Accept the 2007 Comprehensive Annual Financial Report (CAFR).
Synopsis
Minnesota statutes require that by June 30 of each year, the City prepare a financial report
for activities of the previous year. This accounting report will be forwarded to the State by
that deadline.
Preparation of the report is largely the work of the Finance Division. The report is prepared
with review by the independent auditing firm of Malloy, Montague, Karnowski,
Radosevich, & Co., P.A.
William Lauer, Principal in the accounting firm will make a presentation of the financial report. In
general, the City’s financial conditions and control procedures are sound.
Attachments
• 2007 CAFR
• Management Letter
• Special Purpose Audit Report