HomeMy WebLinkAboutCity Council - 09/06/2011 AGENDA
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, SEPTEMBER 6, 2011 CITY CENTER
5:00—6:25 PM, HERITAGE ROOM II
6:30—7:00 PM, COUNCIL CHAMBER
CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher
Wickstrom, Kathy Nelson, and Ron Case
CITY STAFF: City Manager Rick Getschow, Police Chief Rob Reynolds, Fire Chief George
Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah,
Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City
Attorney Ric Rosow, and Recorder Lorene McWaters
Workshop-Heritage Room II
I. 2012/2013 BUDGET
II. BUDGET ADVISORY COMMISSION FINAL REPORT ON CAPITAL
IMPROVEMENT FUNDING STRATEGIES
Open Podium - Council Chamber
III. ADJOURNMENT
City of
Eden
Prairie
2012/2013
Proposed General
Fund Budget and
Total Tax Levy
9/6/2011
Table of Contents
Table of Contents 2
Goals 3
2012/2013 General Fund Budget 3
Revenue 3
Expenditures 3
Summary of the Proposed Budget 4
Total Tax Levy Summary 4
General Fund Budgeted Revenue 4
General Fund Budgeted Expenditures 4
Budget Projections 5
Tax Impacts 5
Legislative Impacts —Market Value Homestead Credit 6
General Fund Expenditure Details 7
Conclusion 9
2
Goals
Operational
• Enhance service levels in public safety and the maintenance of infrastructure
• Preserve all other city service levels using the same resources
Organizational
• Sustain current levels of employee morale and engagement
• Continual review for service efficiencies and innovations
Overall
• Continue to improve Eden Prairie's relative position in fiscal comparisons with
comparable cities
• Preserve Eden Prairie's exceptional image internally and externally
2012/2013 General Fund Budget
Revenue
• Revenues are budgeted to increase 4.1% in 2012 and 2.8% in 2013.
• Development revenue is expected to continue to be volatile in the future so the City
budgets conservatively. A 6% increase is budgeted for 2012 and 0% for 2013. This
correlates to the fee change.
• Parks and Recreation charges for services continue to grow due to increased activity
and fee increases.
• Other non-tax revenue sources are not growing which places a higher burden on the
tax levy.
Expenditures
• Expenditures are budgeted to increase 3.9% in 2012 and 2.7% in 2013.
3
Summary of the Proposed Budget
Total Tax Levy Summary
2010 2011 2012 2013
Adopted Adopted Proposed Percent Proposed Percent
Fund 12/1/2009 12/7/2010 9/6/2011 Difference Change 9/6/2011 Difference Change
General Fund $ 27,999,013 $27,999,013 $ 28,647,954 $ 648,941 2.3% $ 29,665,397 $1,017,1/14 3.6%
Market Value Homestead Credit 490,042 490,042 490,042 0 0.0% 490,042 0 0.0%
Capital Improvement Fund 89,894 89,894 89,894 0 0.0% 89,894 0 0.0%
Debt Service 1,770,724 1,760,724 1,681,100 (79,624) (4.5%) 2,171,100 490,000 29.1%
Market Value Debt 1,660,000 1,670,000 1,350,000 (320,000) (19.2%) 1,235,000 (115,000) (8.5%)
Less Fiscal Di sparti y Di stri buti on (1,696,687) (1,706,231) (1,673,150) 33,081 (1.9%) (1,572,292) 100,858 (6.0%)
Total Levy $ 30,312,986 $30,303,442 $ 30,585,840 $ 282,398 0.9% $ 32,079,141 $1,493,302 4.9%
HRA 200,000 200,000 200,000 0 0.0% 200,000 0 0.0%
General Fund Budgeted Revenue
2012 2013
2010 2011 Proposed Proposed
Category Actual Budget Budget Difference Percent Budget Difference Percent
Taxes $28,058,029 $27,553,994 $28,286,229 $732,235 2.7% $29,283,723 $997,494 3.5%
Licenses/Permits 2,366,157 1,628,160 1,750,125 121,965 7.5% 1,750,245 120 0.0%
Intergovernmental 1,122,980 1,011,999 988,302 (23,697) (2.3%) 988,302 0 0.0%
Charges for Services 4,010,186 3,403,281 4,077,921 674,640 19.8% 4,124,718 46,797 1.1%
Other 1,644,507 1,683,282 1,629,000 (54,282) (3.2%) 1,629,000 0 0.0%
Transfers I n 945,816 270,000 270,000 0 0.0% 270,000 0 0.0%
TOTAL $38,147,675 $35,550,716 $37,001,577 $1,450,861 4.1% $38,045,988 $1,044,411 2.8%
General Fund Budgeted Expenditures
2012 2013
2010 2011 Proposed Proposed
Department Actual Budget Budget Difference Percent Budget Difference Percent
Administration $3,503,883 $3,697,007 $3,860,284 $163,277 4.4% $3,836,912 ($23,372) (0.6%)
Community Development 1,983,414 2,062,280 2,068,357 6,077 0.3% 2,123,265 54,908 2.7%
Parks and Recreation 9,212,061 9,000,388 9,571,582 571,194 6.3% 9,854,615 283,033 3.0%
Police 11,678,049 11,827,341 12,304,849 477,508 4.0% 12,664,873 360,024 2.9%
Fire 5,179,657 4,989,744 5,144,352 154,608 3.1% 5,355,191 210,839 4.1
Public Works 5,146,280 5,317,553 5,395,750 78,197 1.5% 5,554,729 158,979 2.9%
Transfers 1,092,051 - - 0 0.0% - 0 0.0%
TOTAL $37,795,395 $36,894,313 $38,345,174 $1,450,861 3.9% $39,389,585 $1,044,411 2.7%
4
Budget Projections
General Fund budget projections through 2016 are shown below. The budget difference
for 2012 and 2013 is the same as the 2011 amount of $1,343,597. More budget work is
needed to balance the budgets for 2014 to 2016.
Budget Proposed Proposed Estimated Estimated Estimated
2011 2012 2013 2014 2015 2016
Revenues 35,550,716 37,001,577 38,045,988 38,818,994 39,542,490 40,352,779
Expenditures 36,894,313 38,345,174 39,389,585 40,374,145 41,755,117 42,946,663
Difference (1,343,597) (1,343,597) (1,343,597) (1,555,151) (2,212,627) (2,593,884)
The projections show moderate revenue of 2.6% on average including a two percent tax
levy increase for the general fund. Expenditures are increasing 3.1% on average which
includes a 2.5% increase in the wage base.
Deficit reduction strategies will be discussed at the workshop and staff will continue to
work on recommendations through the end of the year.
Tax Impacts
The ability to levy and collect taxes is based on property market values, tax capacities, and
the City tax rates. Changes in Market Value, Net Tax Capacity and the City Tax Rate since
2009 are shown below:
2009 2010 2011 2012
Market Value $10.1 Billion $9.6 Billion $8.9 Billion $8.7 Billion
Adjusted Net Tax Capacity $106,274,519 $100,402,099 $92,275,200 $88,782,922
City Tax Rate 27.27% 28.74% 31.03% 32.93%
For 2012, the median value home in Eden Prairie is valued at $326,800 reflecting an
average value decrease of 3.4%. In 2011, the median value was $338,300. A commercial
property valued at $2M had a value decrease of 2.2% and a $5M apartment had a value
increase of 1.8%. Below summarizes the City's tax impact for residential, apartment, and
commercial properties.
5
2010/2011 2011/2012 Difference % Change
Residential ($326,800) $ 1,095 $ 1,101 $ 6 0.5%
Apartment ($5M) $ 19,971 $ 21,357 $ 1,386 6.9%
Com mer a al ($2M) $ 7,543 _ $ 8,155 $ 612 8.1%
Commercial ($2M)* $ 7,543 $ 7,743 $ 200 2.7%
*=Estimated Fiscal Disparities Offset (see explanation below)
Commercial property contributed 57.5% of tax base to the fiscal disparity pool for taxes
payable in 2011 and 60.7% in 2012. This change causes the City taxes on commercial
property to increase for this shift but there will be a decrease or an offset for the fiscal
disparity tax.
Staff has calculated that a $300,000 change in the tax levy will impact the median value
home by 1% or $11.00.
Legislative Impacts — Market Value Homestead Credit
A new Market Value Homestead Exclusion replaces the Market Value Homestead Credit
beginning for taxes payable in 2012. The City has been levying about $490,000 for the
Homestead Market Value Credit program with the expectation that the State would not pay
the City the credit amount owed. This is no longer an issue with the conversion of the
program from a credit to exclusion. This means taxpayers will now see a reduction in tax
capacity instead of a reduction in dollars on their tax statement.
The exclusion is computed in a manner similar to the current market value homestead
credit. For cities and other local units of government, the elimination of the MVHC program
will simplify and clarify the property tax process. No longer will a city's certified property
tax levy be reduced by the allocation of the MVHC credit with a "promised" reimbursement
by the state for the loss of property tax receipts.
The new market value exclusion for homes will mean that beginning in 2012, each city's tax
base will be reduced and the city's tax rate will rise to obtain the same property tax levy.
Although the homestead exclusion is computed in a mathematically similar manner to the
repealed MVHC, the new system will shift taxes among properties especially to commercial,
industrial, apartment, and other properties that will not receive the benefit of the
homestead market value exclusion.
6
General Fund Expenditure Details
Below summarizes the most significant changes to the General Fund budget.
Adopted Proposed Proposed
Actual Budget Budget Dollar Percent Budget Dollar Percent
Category 2010 2011 2012 Change Change 2013 Change Change
6100-Wages Benefits 13,638,358 14,064,019 14,422,148 358,129 2.5% 14,769,794 347,646 2.4%
6101-Wages No Benefits 1,424,033 1,186,428 1,450,250 263,822 22.2% 1,393,842 (56,408) (3.9%)
6153-Health Insurance 1,557,381 1,733,839 1,930,244 196,405 11.3% 2,128,593 198,349 10.3%
6103-Volunteer Wages 359,884 340,006 480,000 139,994 41.2% 590,000 110,000 22.9%
7203-Fleet User Charge 2,034,195 2,114,658 2,188,908 74,250 3.5% 2,246,067 57,159 2.6%
6105-Overtime-Reg 699,978 503,900 621,700 117,800 23.4% 619,000 (2,700) (0.4%)
6160-Pension Plans 2,205,820 2,359,959 2,439,491 79,532 3.4% 2,494,581 55,090 2.3%
6351-Other Contracted Services 887,780 827,805 916,265 88,460 10.7% 917,582 1,317 0.1%
6601-Capital Under$10,000 180,974 114,148 144,256 30,108 26.4% 226,906 82,650 57.3%
7207-Fad Iities User Charge 3,780,659 3,793,423 3,859,354 65,931 1.7% 3,971,231 111,877 2.9%
7205-I.T.User Charge 1,621,968 1,638,116 1,699,422 61,306 3.7% 1,764,369 64,947 3.8%
6161-Fire Relief Pension Payment 1,421,386 1,116,805 917,378 (199,427) (17.9%) 917,378 - 0.0%
Other 7,982,982 7,101,207 7,275,758 174,551 2.5% 7,350,242 74,484 1.0%
Total 37,795,398 36,894,313 38,345,174 1,450,861 3.9% 39,389,585 1,044,411 2.7%
Wages
Wages are budgeted to increase 2.55% and 2.41% for 2012 and 2013 respectively. This
includes a two percent base increase, step increases, and a new police officer in 2012.
Wages No Benefits
The most significant increases are for Elections, Community Center, and Police for $78,300,
$138,154, and $14,000 respectively.
Health Insurance
Health insurance premiums increased 10% June 1, 2011 and will increase 11% June 1,
2012. Other changes were made for new positions and employees switching plans during
open enrollment.
Volunteer Wages
The increase in volunteer wages is for the implementation of Duty Crew in 2012 and 2013.
$140,000 was added to the budget for 2012 and $110,000 in 2013
Fleet User Charge
The increase in the fleet user charge is primarily attributable to fuel. The fuel budget has
increased approximately a 10%. The average fuel cost increase for 2012 is expected to be
7
12.5% over the 2011 cost. Staff expects a somewhat lower fuel usage in 2012 due to fuel
saving measures that are ongoing (20-40-15).
Overtime
Overtime changes are primarily for Police. An additional $75,000 is budgeted for Police
and an additional $40,000 for Police supplemental employment for which the City is
reimbursed.
Facilities User Charge
User charges in 2012 increased 1.7%. Budget increases included wages and benefits,
janitor service, contracted services, and general supplies. Utilities and cleaning supply
budgets were decreased for 2012. User charges in 2013 increased 2.8%. Budget increases
were for wages and benefits and utilities. For both 2012 and 2013, $40,000 was added to
Fire to pay for improvements to Fire Safety Training Facility. This charge will remain in
effect until 2016 when the $200,000 is paid for the improvement.
Pension Plan
Pension plan changes are a result of increases in full time wages, part-time wages, and
over-time budgeted.
Other Contracted Services
The most significant increase for other contracted services includes $50,000 for a deer
consultant.
Capital Under$10,000
Capital under $10,000 includes $75,000 for equipment replacement at the Community
Center in 2012. An additional $80,000 is budgeted in 2013 for equipment replacement at
the Community Center.
Information Technology User Charge
User charges in 2012 increased for wages and benefits, software maintenance and
hardware maintenance. Computer purchases were decreased for 2012. Increases for 2013
include computers and miscellaneous projects.
8
Conclusion
This document is intended to provided information on the proposed 2012/2013 City of
Eden Prairie budget. Similar information will be presented and discussed at the workshop
on Tuesday.
9
EDEN
PRAIRIE
To: Mayor and City Council L v E•w o R K•o ft E A M
Rick Getschow,City Manager
From: Budget Advisory Commission
Date: July 2011
Re: Report on Alternative Revenue Sources for the Capital Improvement Program
Budgetary Background
In response to declining levels of local government assistance,stagnant or declining property values,and a
flattening of growth in commercial development revenues,inter-governmental bodies such as the League of
Minnesota Cities,city managers,and city councils have been exploring alternative,non-levy sources of
revenue to fill in widening budget gaps.
The City Council directed the Budget Advisory Commission' ("BAC")to review the advantages and
disadvantages of the following funding sources for Eden Prairie's pay as you go capital improvement
maintenance program.
* Franchise fees
* Street lighting utility
* User fees
* Naming rights
* Tax-exempt property fees
* Right-of-way fees charged to internal utility funds
* Accumulation of fees charged to all users for facility replacement
Overview
The greatest emphasis within this report is on franchise fees and street lighting utility options based on the
council's initial direction. The BAC discussed and reviewed the requested revenue sources against various
criteria. The table below illustrates the various revenue sources and evaluation criteria based on the BAC
project research and feedback. See Table A.
Minnesota cities are authorized to impose a franchise fee on utility services,such as cable television,
electric,and gas. Cable television fees are capped by Federal legislation2 at 5%of gross revenues over a
twelve month period,which is where municipalities generally set the rate. Franchise fees for energy
utilities(gas and electric)are subject to negotiation. Refer to table B for comparison of city fees.
As a result of the project research the BAC also felt that franchise fees and street lighting utility provided
the best opportunities for finding stable sources of additional revenue. It is also believed these methods
provided a more simplistic option to explain and implement,while also being more transparent and
equitable. Hence,the focus of this Summary Report will be on franchise fees generally.
Summary notes from 5/2/2011 City Council Workshop
z 47 U.S.C.A. § 542
1
Street Lighting Utility
This alternative would face significant data gathering issues before a program of rate design and
implementation could begin. There would have to be resources expended to inventory all street lighting
fixtures and to ascertain whether or not there were different agreements covering the maintenance
responsibilities for each fixture.
In addition,a street lighting utility would instantly raise issues of fairness,relating to whether or not one
rate payer's street had lights comparable to that of another neighbor,yet both might pay the same fee. The
City Council would not probably want to be drawn into explaining a new fee AND why the fee didn't tie to
benefits for every rate payer.
Garbage Hauling Franchise Fee
Since Eden Prairie is an open city with any hauler willing to pay the$100 for the 1st vehicle and$25 for
each additional vehicle,the notion of a franchise fee would not seem to have the same economics as it does
for Xcel or CenterPoint,which have exclusive access.
From the point of view of the energy utilities,franchise fees are a cost of doing business and are passed on
directly to consumers. These costs are,in some sense,a substitute for the expenses that they would have to
incur if they were to pay rent for access to municipal rights-of-way to install and service their lines.
Electric and gas utilities are very experienced with the concepts of franchise fees,rates,rate impacts and
implementation across their billing systems.
From the point of view of the municipality,the amounts raised through a franchise fee should approximate
cost recovery for maintaining and protecting the right-of-way. In this way,the utility consumer who pays
the fee has some direct visibility into the specific use of their tax 3revenue.This kind of transparency to the
payor is superior to that of a more general levy. Also,since all utility consumers pay the fee—meaning
taxable and tax-exempt—the base is broader and could be considered fairer.
If revenue from franchise fees were allocated to general funds from which they were disbursed for a broad
range of expenditures,then the"nexus"to services received by the tax payer would be broken and any
transparency advantages of the franchise fee would be lost.In the City of Minnetonka4,for example,
approximately$802,000 in annual revenue from an electric utility franchise fee is being used for capital
projects relating to burying above ground power lines of the utility,which would provide economic,safety
and aesthetic benefits to all tax payers. The utility customers paying the franchise fee can directly tie their
payments to the benefit of removing unsightly and unsafe above ground power lines.
Specific Franchise Fees
Electric and Gas Franchise Fees
Broadly speaking,the BAC concluded that franchise fees for these two utilities taken together would
comprise the preferable options for raising enough additional revenue to make a meaningful contribution,
on an ongoing basis,to the funding requirements for the pavement management programs,less the General
Fund shares. Ease of explanation,availability of data for program design,ease of administration and
implementation and fairness are all characteristic of these program options.
3 Franchise fees are classified as "other taxes"by the Minnesota State Auditor.
4 http://www.eminnetonka.com/finance/budget/documents/cip_10 14.pdf
2
If energy utility franchise fees were chosen as a funding source by the City Council,it would be advisable
to administer both electricity and a natural gas franchise fee,thus treating both sources of energy equally.5
There are two alternative means to charge an energy utility franchise fee: an ad valorem basis,as a percent
of the consumer's bill,or on a flat fee basis.
The ad valorem basis has some initial attraction in that it says"the more you use,the more you pay,"which
suggests a conservation message,much like the recently revised water utility rate schedule in Eden Prairie.
However,a franchise fee that is a combination of price and quantity of energy consumed exposes both the
City and the taxpayer to energy price volatility,which can be significant. For the City,this defeats the goal
of having a stable and predictable source of revenue. For the tax payers,it exposes them to commodity
price fluctuations that are outside of their control and which in the case of Canadian natural gas customers
led to unacceptable rises in utility bills in harsh winters that coincided with spikes in natural gas prices.
Also,take the example of two Eden Prairie tax payers living in the same size home,one built in 1970 and
the other in 2011. The owners of the older house may not have the wherewithal to upgrade their windows
and insulation to the standards of the newest home. Thermostats set to the same temperature in both houses
would probably result in higher utility bills for the 1970 home and higher franchise fees on an ad valorem
basis. Yet,their behavior in choosing the thermostat setting was the same as the new home owner,and
their higher bill was simply a matter of their differing circumstances. This does not seem equitable.
Also,from the point of view of the utility,ad valorem schemes are more costly to build into their billing
software. Conversations with both utility providers in the City confirm this.
Overall,a flat fee for both electricity and natural gas are preferable,and it appears is the most commonly
adopted alternative among Eden Prairie peer cities,such as Richfield,Minnetonka and Golden Valley
among others.
Flat fee rates per month should,in the opinion,of the BAC apply differentially to rate classes:residential,
commercial A,commercial&industrial B/C,small volume dual fuel A/B,and large volume dual fuel
users.Residential rates of$1 per residential household were adopted in Hopkins in their 2011 budget,with
progressively higher rates for multiple dwellings and commercial properties,as an example.
Similar rate structures,which are not the specific charge of the BAC,could probably be implemented in
Eden Prairie. They could raise a meaningful amount of predictable revenue,while not imposing an unduly
harsh burden on taxpaying households and organizations.
Cell Phone Towers
The BAC did not choose to put this forward as an alternative. However,the City Council might want to
consider periodically revising its licensing or registration fees upwards slightly to keep pace with inflation.
This did not seem to be a fruitful avenue for raising a significant amount of revenue without raising the
possibility of additional towers being moved to lower fee locations,where an Eden Prairie customer might
then receive poorer service. Cell phone tower rental fees seem comparable across municipalities,and Eden
Prairie appears to be at market levels.
Summary
The following report completed by the BAC was developed to provide additional research,insight and
study to the complicated capital improvement funding source options facing the City of Eden Prairie. The
report is designed to provide a high level summary of the findings with additional background and research
s An initial decision by the City of Golden Valley to impose a franchise fee on Xcel Energy while
not imposing one on CenterPoint Energy drew strong public opposition from Xcel.
http://www.mnsun.com/articles/2011/01/14/golden_valley/news/gvl3franchisefees.txt
3
information available from the BAC and City Staff to aid in the council's future policy decisions regarding
this topic. The BAC is available to provide feedback,further input and additional information as required
by the council.
Respectfully submitted,
The Budget Advisory Commission
4
Table A: Capital Improvement Pay as you go Program
City of Eden Prairie
Funding the Capital Improvement Pay as you go Program
Understandable to Nexus to Service Received Equitable to Ease of Implementation Ease to Administer Predictable/Reliable Broadens
Citizen by Individual Based on Cost Recovery Individual for City by City for the City Provides New Revenue Source Revenue Potential Collection Base
Tax Levy * * 0 * * • * 0 • 0
Special Assessment for Reconstruction • 0 0 1 3 r • 0 0 3
Right-of-way Fees Charged to Utility Funds C C) 0 C) • • • 1 1 1
Tax-exempt Property Fees(PILOT) • • • • C! :.1 I 0 1 0 •
Naming Rights • CD i • • • n • 9 0
Franchise Fees 1 3 i • 1 • • • • •
-
Street Light Utility C C) • • 0 • • • C •
User Fees • 0 i C) • • a 1 0 1
Local Option Sales Tax(If Passed by Legislature) • C) i • C1 C1 () • 0 0
Other Services(Garbage,Phone,Cell Tower) C) C) • 1 3 () (1 • 0 •
Add note on use debt for reconstrution projects
Legend
Meets or Exceeds • 5
Partially Meets CD 3
Does not Meet 0 1
5
City Comparison:Franchise Fees
City Total Tax Levy* Does City Charge What are the Franchise Fees City Street Lighting Fee
Franchise Fees
Cable Electric Gas Response
Maple Grove $31,198,301 No Residential:$5.60 per quarter
Commercial:$5.60 per REU
Eden Prairie 30,503,442 Yes 5%of Revenue
Minnetonka $30,265,900 Yes 5%of Revenue Residential:$2.50/month
C&I:$4.50/month
Plymouth $28,727,959 No Varies throughout the city depending on type of light/actual
cost of light/ft of homes benefited.
Woodbury 28,479,256 No Varies by neighborhood. In general,new single family homes
have a quarterly fee of$6.60.
Eagan $28.2 million Yes 5%of Revenue Separate rates for R1/R2,R3 and R4 and C/I. Rates are set to
cover electricity and maintenance costs.
Burnsville $27 million Yes 5%of Revenue Residential:$32.40
Commersial:$1.54/front footage
Edina $25,786,217 Yes 5%of Revenue
Residential$7.65/dwelling unit/quarter
Lakeville $24,036,652 Yes 5%of Revenue Multiple Family$7.65/dwelling unit/quarter
Institutional$0.2140/front foot/quarter
Commercial/Industrial$0.2140/front foot/quarter
Apple Valley $22,700,000 Yes 5%cable franchise plus$0.50 2%with a cap of$25 All Properties:$1.64/month
/month PEG fee
Golden Valley $16,409,450 Yes Flat Fee 50%of maintenance and usage of electricity;but usually is
around35%
Residential:$1
Residential:$1.50 per account C&I-A:$1
Small C&I-non demand:$3 C&I-B:$3
Hopkins $10,138,414 Yes 5%of Revenue Small C&I-demand:$9 C&I-C:$9
Large C&I:$63 Small Duel Fuel-A:$18
Small Duel Fuel-B:$63
Large Volume Duel Fuel:$63
LEGEND
%of Retle
Fixed/Flat Fee
Combined I
*Primary sort key-assumes 2011 revenue
6
AGENDA
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, SEPTEMBER 6, 2011 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher
Wickstrom, Kathy Nelson, and Ron Case
CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, City Planner
Michael Franzen, Community Development Director Janet Jeremiah, Parks and Recreation
Director Jay Lotthammer, City Attorney Ric Rosow and Council Recorder Jan Curielli
I. ROLL CALL/CALL THE MEETING TO ORDER
II. COLOR GUARD /PLEDGE OF ALLEGIANCE
III. COUNCIL FORUM INVITATION
IV. PROCLAMATIONS/PRESENTATIONS
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, AUGUST 16, 2011
B. CITY COUNCIL MEETING HELD TUESDAY,AUGUST 16, 2011
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. GRAND HAVEN AT MARSH COVE by Marsh Cove, LLC. Second Reading
of the Ordinance Planned Unit District Review with waivers and Zoning District
Change from Public to R1-13.5 on 6.5 acres. Location: 17850 Duck Lake Trail.
(Ordinance for PUD District Review and Zoning District Change)
C. GE CAPITAL ECO EXPERIENCE CENTER by GE Capital Corp. Second
Reading of the Ordinance for Planned Unit District Review with waivers and Zoning
District Amendment within the Office Zoning District on 11.19 acres, Site Plan
Review on 11.19 acres. Location: 3 Capital Drive. (Ordinance for PUD District
Review and Zoning District Amendment; Resolution for Site Plan Review)
D. PRAIRIE RIDGE by Manley Development. Second Reading of the Ordinance
for Planned Unit District Review with waivers and Zoning District Change from
R1-22 to R1-13.5 on 9.69 acres. Location: 17555 Duck Lake Trail. (Ordinance
for PUD District Review and Zoning District Change)
CITY COUNCIL AGENDA
September 6, 2011
Page 2
E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF
CONSULTING GROUP FOR PRELIMINARY DESIGN SERVICES FOR
THE SHADY OAK ROAD IMPROVEMENTS
F. AWARD CONTRACT FOR THE DEBBIE LANE AND ELLIE LANE
DRAINTILE PROJECT TO KLEIN UNDERGROUND LLC
G. AWARD CONTRACT FOR THE NEILL LAKE BERM STABILIZATION
PROJECT TO COBALT CONSTRUCTION
H. APPROVE AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
WITH SRF CONSULTING GROUP INC FOR THE NEILL LAKE BERM
I. AWARD CONTRACT FOR THE PURCHASE AND INSTALLATION OF
A DIGITAL VIDEO SURVEILLANCE SYSTEM AT THE WATER
TREATMENT PLANT TO USA SECURITY INC.
J. AWARD BID FOR TRAIL WORK AND RECONSTRUCTION ALONG
SEGMENTS OF MITCHELL AND BAKER ROAD TO MIDWEST ASPHALT
CORPORATION
K. ADOPT RESOLUTION DECLARING PROPERTY AS "ABANDONED
PROPERTY"
L. APPROVE CONTRACT FOR PROFESSIONAL SERVICES FOR RILEY
LAKE TRAIL EXTENSION
M. DECLARE OBSOLETE RADIO EQUIPMENT AS SURPLUS
IX. PUBLIC HEARINGS/MEETINGS
A. UNITED HEALTH GROUP by United Health Group. Request for: Planned Unit
Development Concept Review on 71 acres, Planned Unit District Review with
waivers and Zoning District Change from Rural to Office on 71 acres, Site Plan
Review on 71 acres and Preliminary Plat of 71 acres into 1 lot. Location: Hwy 62
and Shady Oak Rd. (Resolution for PUD Concept Review; Ordinance for PUD
District Review and Zoning District Change; Resolution for Preliminary Plat)
B. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTERS
2 AND 11 BY RELATING TO THE BOARD OF ADJUSTMENT AND
APPEALS AND VARIANCES
C. RESOLUTION TO APPROVE CITY APPLICATION TO DEED FOR A
FORGIVABLE LOAN TO ROSEMOUNT- EMERSON
X. PAYMENT OF CLAIMS
CITY COUNCIL AGENDA
September 6, 2011
Page 3
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
1. Resolution Certifying Proposed 2012 Property Tax Levy,Accepting
Proposed 2012 Budget, Setting Public Hearing Date & Consenting
and Approving the HRA Tax Levy
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
1. Cummins Grill House Lease Amendment
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: September 2, 2011
TO: Mayor and City Council
FROM: Rick Getschow, City Manager
RE: City Council Meeting for Tuesday, September 6, 2011
TUESDAY, SEPTEMBER 6,2011 7:00 PM, COUNCIL CHAMBER
I. ROLL CALL/CALL THE MEETING TO ORDER
II. COLOR GUARD/PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
Open Podium is an opportunity for Eden Prairie residents to address the City Council on
issues related to Eden Prairie city government before each Council meeting, typically the first
and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you
wish to speak at Open Podium,please contact the City Manager's office at 952.949.8412 by
noon of the meeting date with your name,phone number and subject matter. If time permits
after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers.
Open Podium is not recorded or televised. If you have questions about Open Podium, please
contact the City Manager's Office.
HRA MEETING
I. ROLL CALL /CALL THE HRA MEETING TO ORDER
II. APPROVE MINUTES OF HRA MEETING HELD ON JUNE 14, 2011
MOTION: Move to approve the minutes of the HRA meeting held June 14, 2011.
III. ADOPT RESOLUTION TO APPROVE THE PROPOSED 2012 PROPERTY TAX
LEVY TO BE $200,000 AND ACCEPT THE PROPOSED 2012 BUDGET OF $200,000
Synopsis: Minnesota Law authorizes the HRA to levy a tax with the consent of the City
Council. Per Minnesota Statute, Housing and Redevelopment Authorities can levy a tax of
up to .0185 percent of taxable market value. The proceeds may be spent on planning and
implementation of redevelopment and/or low-rent housing assistance programs with the City.
The limit for the City of Eden Prairie is approximately$1.6 million.
MOTION: Move to adopt the resolution to approve the proposed 2012
property tax levy to be $200,000 and accept the proposed 2012 budget of
$200,000.
IV. ADJOURNMENT
MOTION: Move to adjourn the HRA.
ANNOTATED AGENDA
September 6,2011
Page 2
COUNCIL MEETING
IV. PROCLAMATIONS /PRESENTATIONS
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Move to approve the agenda.
VI. MINUTES
MOTION: Move to approve the following City Council minutes:
A. COUNCIL WORKSHOP HELD TUESDAY,AUGUST 16, 2011
B. CITY COUNCIL MEETING HELD TUESDAY,AUGUST 16, 2011
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII. CONSENT CALENDAR
MOTION: Move approval of items A-M on the Consent Calendar.
A. CLERK'S LICENSE LIST
B. GRAND HAVEN AT MARSH COVE by Marsh Cove, LLC. Second Reading of
the Ordinance Planned Unit District Review with waivers and Zoning District Change
from Public to R1-13.5 on 6.5 acres. Location: 17850 Duck Lake Trail. (Ordinance
for PUD District Review and Zoning District Change)
C. GE CAPITAL ECO EXPERIENCE CENTER by GE Capital Corp. Second
Reading of the Ordinance for Planned Unit District Review with waivers and Zoning
District Amendment within the Office Zoning District on 11.19 acres, Site Plan
Review on 11.19 acres. Location: 3 Capital Drive. (Ordinance for PUD District
Review and Zoning District Amendment; Resolution for Site Plan Review)
D. PRAIRIE RIDGE by Manley Development. Second Reading of the Ordinance for
Planned Unit District Review with waivers and Zoning District Change from R1-22
to R1-13.5 on 9.69 acres. Location: 17555 Duck Lake Trail. (Ordinance for PUD
District Review and Zoning District Change)
E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF
CONSULTING GROUP FOR PRELIMINARY DESIGN SERVICES FOR
THE SHADY OAK ROAD IMPROVEMENTS
F. AWARD CONTRACT FOR THE DEBBIE LANE AND ELLIE LANE
DRAINTILE PROJECT TO KLEIN UNDERGROUND LLC
G. AWARD CONTRACT FOR THE NEILL LAKE BERM STABILIZATION
PROJECT TO COBALT CONSTRUCTION
ANNOTATED AGENDA
September 6,2011
Page 3
H. APPROVE AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
WITH SRF CONSULTING GROUP INC FOR THE NEILL LAKE BERM
I. AWARD CONTRACT FOR THE PURCHASE AND INSTALLATION OF A
DIGITAL VIDEO SURVEILLANCE SYSTEM AT THE WATER
TREATMENT PLANT TO USA SECURITY INC.
J. AWARD BID FOR TRAIL WORK AND RECONSTRUCTION ALONG
SEGMENTS OF MITCHELL AND BAKER ROAD TO MIDWEST ASPHALT
CORPORATION
K. ADOPT RESOLUTION DECLARING PROPERTY AS "ABANDONED
PROPERTY"
L. APPROVE CONTRACT FOR PROFESSIONAL SERVICES FOR RILEY
LAKE TRAIL EXTENSION
M. DECLARE OBSOLETE RADIO EQUIPMENT AS SURPLUS
IX. PUBLIC HEARINGS/MEETINGS
A. UNITED HEALTH GROUP by United Health Group. Request for: Planned Unit
Development Concept Review on 71 acres, Planned Unit District Review with waivers
and Zoning District Change from Rural to Office on 71 acres, Site Plan Review on 71
acres and Preliminary Plat of 71 acres into 1 lot. Location: Hwy 62 and Shady Oak Rd.
(Resolution for PUD Concept Review; Ordinance for PUD District Review and
Zoning District Change; Resolution for Preliminary Plat)
Official notice of this public hearing was published in the August 25, 2011,Eden
Prairie News and sent to 123 property owners.
Synopsis: United Health Group is requesting a continuance to the September 20,
2011 meeting.
MOTION: Move to continue the public hearing to the September 20,
2011, meeting.
B. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTERS 2
AND 11 BY RELATING TO THE BOARD OF ADJUSTMENT AND APPEALS
AND VARIANCES
Official notice of this public hearing was published in the August 25, 2011,Eden
Prairie News.
Synopsis: The governor recently signed into law changes to the statute relating to
variances. Variances may be granted where the proposed variances are consistent
with the comprehensive plan and there are practical difficulties in complying with the
ANNOTATED AGENDA
September 6,2011
Page 4
official control.
The City Attorney has drafted a code amendment to match the language in the State
Statutes. The 120-Day Review Period Expires on November 20, 2011. The Planning
Commission voted 5-0 to recommend approval of the project at the August 8, 2011
meeting.
MOTION: Move to:
• Close the Public Hearing; and
• Approve 1st Reading of the Ordinance amending City Code Chapter 2
and 11 by amending Section 2.26, 11.45 and 11.76 relating to the
board of adjustment and appeals and variances, and adopting by
reference City Code Chapter 1 and Sections 2.99 and 11.99 which,
among other things, contain penalty provisions.
C. RESOLUTION TO APPROVE CITY APPLICATION TO DEED FOR A
FORGIVABLE LOAN TO ROSEMOUNT-EMERSON
Official notice of this public hearing was published in the August 25, 2011, Eden
Prairie News.
Synopsis: Emerson plans to invest about $24,000,000 to renovate their building at
12005 Technology Drive in Eden Prairie. To help offset these costs they are pursuing a
$500,000 forgivable loan (grant)through the Department of Employment and
Economic Development's (DEED) Minnesota Investment Fund(MIF). This program
requires the City to apply for the loan and behalf of the business and act as the conduit
between DEED and the business. DEED requires the City where the qualifying
business is located to hold a public hearing before submitting an application.
MOTION: Move to adopt resolution authorizing application to the
Department of Employment and Economic Development (DEED) for a
$500,000 forgivable loan to Rosemount-Emerson through DEED's
Minnesota Investment Fund (MIF).
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
ANNOTATED AGENDA
September 6,2011
Page 5
B. REPORT OF CITY MANAGER
1. Resolution Certifying Proposed 2012 Property Tax Levy,Accepting
Proposed 2012 Budget, Setting Public Hearing Date & Consenting and
Approving the HRA Tax Levy
Synopsis: Minnesota Law and administration rules prescribe a detailed
process for public notification and participation in setting taxes and budgets of
local governments. Cities must adopt a proposed net property tax levy by
September 15 and certify it to the county auditor. In addition, the City Council
must accept a proposed budget for the coming year.
The City must announce at this Council meeting the future time and date of
the regularly scheduled meetings at which the budget and levy will be
discussed and public testimony taken. The Council must adopt the final tax
levy and budget by December 20. Minnesota Law authorizes the HRA to levy
a tax with the consent of the City Council. This resolution gives the consent
needed for the HRA.
MOTION: Move to adopt the resolution that:
• Certifies the proposed 2012 property tax levy to be
$32,258,990; and
• Sets December 6th, 2011 as the meeting which will include
discussion of the budget and provide for public comment; and
• Accepts the proposed 2012 budget of $38,345,174; and
• Consents and approves the HRA tax levy of $200,000.
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
1. Cummins Grill House Lease Amendment
Synopsis: The proposed lease amendment provides a definition and examples
of"capital improvements", clarifies which Department of Interior standards
will be used to review proposed capital improvements, and specifies that the
City Manager or his designee will give any required City approvals under the
terms of the lease.
MOTION: Motion to approve the First Amended and Restated
Lease Agreement for Historical Society Use and Improvement of
the Cummins-Grill House.
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
ANNOTATED AGENDA
September 6, 2011
Page 6
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
MOTION: Move to adjourn the City Council meeting.
AGENDA
EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY
TUESDAY, SEPTEMBER 6, 2011 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Nancy Tyra-
Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Ron Case, and Kathy Nelson
CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community
Development Director Janet Jeremiah, Parks &Recreation Director Jay Lotthammer, City
Attorney Ric Rosow, Finance Director Sue Kotchevar and Recorder Jan Curielli
I. ROLL CALL / CALL THE HRA MEETING TO ORDER
II. APPROVE MINUTES OF HRA MEETING HELD ON JUNE 14, 2011
III. ADOPT RESOLUTION TO APPROVE THE PROPOSED 2012 HRA PROPERTY
TAX LEVY TO BE $200,000 AND ACCEPT THE PROPOSED 2012 HRA
BUDGET OF $200,000
IV. ADJOURNMENT
HRA ITEM NO.: II.
UNAPPROVED MINUTES
HOUSING AND REDEVELOPMENT AUTHORITY
TUESDAY,JUNE 14, 2011 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Nancy Tyra-
Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Ron Case, and Kathy Nelson
CITY STAFF: City Manager Rick Getschow, Interim Public Works Director Rod Rue,
Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer,
City Attorney Siira Gunderson and Council Recorder Jan Curielli
I. ROLL CALL /CALL THE MEETING TO ORDER
Chair Tyra-Lukens called the meeting to order at 7:55 PM in shared session with the
Council meeting. All members were present.
II. APPROVE MINUTES OF HRA MEETING HELD ON DECEMBER 7, 2010
MOTION: Nelson moved, seconded by Aho, to approve the minutes of the HRA
meeting held on December 7, 2010 as published. Motion carried 5-0.
III. RESOLUTION HRA NO. 2011-01 RESCINDING HRA RESOLUTION NO. 2008-02
AND RESOLUTION HRA NO. 2011-02 ADOPTING MODIFICATION TO THE
REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 5 AND
ADOPTING A MODIFIED TAX INCREMENT FINANCING PLAN FOR TAX
INCREMENT FINANCING DISTRICT NO. 15
Getschow said if the resolutions are approved by the HRA, the Council will be asked to
consider similar resolutions immediately following the adjournment of the HRA.
MOTION: Nelson moved, seconded by Case, to adopt Resolution HRA No. 2011-01
rescinding Resolution HRA No. 2008-02, and to adopt Resolution HRA No. 2011-02
adopting a modification to the Redevelopment Plan for Redevelopment Project No. 5,
adopting a modified tax increment financing plan for Tax Increment Financing District No.
15 there for, and pledging and assigning tax increments from District No. 15 to the City of
Eden Prairie. Motion carried 5-0.
IV. ADJOURNMENT
MOTION: Nelson moved, seconded by Aho, to adjourn the HRA. Motion carried 5-0.
Chair Tyra-Lukens adjourned the HRA meeting at 7:57 PM.
HOUSING AND REDEVELOPMENT AUTHORITY DATE:
AGENDA September 6, 2011
DEPARTMENT/DIVISION: ITEM DESCRIPTION: HRA ITEM NO.: III.
Office of the City Manager/ Resolution approving proposed 2012 HRA
Finance, Sue Kotchevar property tax levy and accepting the proposed
2012 budget
Requested Action
Move to: Adopt the resolution to approve the proposed 2012 property tax levy to be $200,000
and accept the proposed 2012 budget of$200,000.
Background Information
Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. Per
Minnesota Statute, Housing and Redevelopment Authorities can levy a tax of up to .0185 percent
of taxable market value. The proceeds may be spent on planning and implementation of
redevelopment and/or low-rent housing assistance programs with the City. The limit for the
City of Eden Prairie is approximately$1.6 million.
Attachments
Resolution
HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
H.R.A. RESOLUTION NO. 2011-03
A RESOLUTION APPROVING THE HRA PROPOSED 2012 PROPERTY TAX LEVY
AND ACCEPTING A PROPOSED BUDGET FOR GENERAL OPERATIONS
WHEREAS,the Housing and Redevelopment Authority of the City of Eden Prairie has
reviewed the proposed 2012 budget and tax levy; and
WHEREAS,the Housing and Redevelopment Authority has decided to accept these
recommendations.
NOW, THEREFORE,BE IT RESOLVED that the Housing and Redevelopment
Authority:
1. Approves the following proposed taxes on real and personal property within the
City of Eden Prairie for the 2012 budget contingent upon City Council approval.
Levy on Tax Capacity $200,000
2. Approves the 2012 proposed budget totaling $200,000 at this time.
ADOPTED by the Housing and Redevelopment Authority on September 6, 2011.
Nancy Tyra-Lukens, Chairperson
SEAL
ATTEST:
Rick Getschow, Executive Director
ITEM NO.: VI.A.
UNAPPROVED MINUTES
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY,AUGUST 16, 2011 CITY CENTER
5:00—6:25 PM, HERITAGE ROOM II
6:30—7:00 PM, COUNCIL CHAMBER
CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher
Wickstrom, Kathy Nelson, and Ron Case
CITY STAFF: City Manager Rick Getschow, Police Chief Rob Reynolds, Fire Chief George
Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah,
Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City
Attorney Ric Rosow, and Recorder Lorene McWaters
Workshop-Heritage Room II
I. HUMAN RIGHTS AND DIVERSITY COMMISSION
Members of the Human Rights and Diversity Commission(HRDC)joined City Council
for the first portion of the workshop. Members of the HRDC are Pam Spera(Chair),
Peter Huck(Vice Chair), Linda Crawford, Robert Rozanski, Gayle Sanders, PG
Narayanan and Zina Nourkadi. Gayle Sanders was absent. Council Member Aho joined
the meeting at 5:40 p.m.
The Human Rights and Diversity Commission (HRDC)presented a PowerPoint on two
issues for the City Council's consideration. Commissioner Robert Rozanski presented the
first topic, which involves a proposed change to the wording of the Eden Prairie Manifesto.
The second sentence of the first paragraph of the manifesto reads, "We are dedicated to
upholding the rights of every individual in our community to freedom, dignity, and security
regardless of religious affiliation, race, ethnic heritage, gender, age, sexual orientation,
physical or mental ability, or economic status. "The HRDC's discussion revolved around
the question of whether or not the term"regardless of religious affiliation" includes non-
religious people. Rozanski said in legal terms, the wording does include people without
religious affiliation; however, the Commission feels that it does not(according to common
usage) include those without religious affiliation. The HRDC considered several options
for amending the language, including changing"religious affiliation"to "religious or
secular affiliation" or"religious or non-religious affiliation"; deleting "religious affiliation"
and replacing it with "worldview" or"religious or secular worldview." The Commission
recommends inserting the term"or non-religious."
Council Member Nelson said she does not think the suggested language adds
clarification. She said most people already know that the current wording includes those
without religious affiliation. Rozanski said he feels that the word"affiliation" assumes
an affiliation with a religion. He feels the terminology used in the manifesto should
City Council Workshop Minutes
August 16,2011
Page 2
expand to encompass our changing community. Case said he is reluctant to make
changes to the manifesto. He feels the average person on the street understands what is
meant by"religious affiliation." Butcher said she thinks the proposed language provides
clarification and she supports the change. Commissioner Peter Huck said he agrees that
the manifesto should be considered a "living" document and the proposed change
includes another group of people. Spera said she voted against the proposed wording
because it is too broad. She would prefer to see something like the term "lack of religion"
included to cover atheists and agnostics. Mayor Tyra-Lukens asked the HRDC to relook
at the language based on input from the Council.
Pamela Spera presented a domestic partner registry proposal. She said the domestic
partner registry would provide a means for unmarried, committed couples who reside or
work in Eden Prairie to document their relationship. HRDC believes offering a domestic
partner registry would support the mission of the Eden Prairie Manifesto. It would assist
people in receiving benefits such as bereavement leave, insurance, club memberships,
family leave and homestead designation. Twelve Minnesota cities already have domestic
partner registries.
Council Member Butcher asked if any cities have considered the registry and turned it
down. Spera said the City of Moorhead decided not to start a registry because they felt it
was outside the scope of city services. Council Member Case said he supports looking
into a domestic partner registry. Mayor Tyra-Lukens said she is comfortable with the
idea of a domestic partner registry.
II. LRT
Assistant City Engineer Randy Newton presented a PowerPoint on LRT key issues
relating to Eden Prairie. The update focused on technical rather than funding issues.
One concern is siting of the Operations and Maintenance Facility. Eden Prairie is being
considered as a site for the OMF. Newton suggested the City impose the following
conditions, if the OMF must be located in Eden Prairie:
• Negative impacts to local businesses are minimized
• Negative impacts to tax capacity are minimized
• Location of the OMF does not create an impediment for future station area transit
oriented development
• The OMF meets the City's aesthetic performance standards
Newton said it will be critical for Southwest Transit to be an active participant in the
preliminary engineering process of the LRT alignment.
Newton said several potential traffic impacts are of concern:
City Council Workshop Minutes
August 16,2011
Page 3
• Valley View Road/Flying Cloud Drive grade separation
• Prairie Center Drive/Shady Oak Road grade separation
• Mitchell Road grade separation
Newton said staff recommends that Town Center Station parking be minimized. They
envision a smaller park and ride facility at the Golden Triangle Station. In addition, the
feasibility of a more centrally located and walkable Town Center Station should be
evaluated.
Additional end-of-line alignment priorities for Eden Prairie include:
• A walkable Town Center Station with reasonable walk access to Eden Prairie Center
• Integration of Southwest Transit and LRT operations
• Maximization of redevelopment opportunities
• Minimization of traffic impacts in the Major Center Area
Other considerations include ensuring an adequate parking supply for park and ride users;
convenient access to stations; and planning for potential future extension of the line to the
west.
Tyra-Lukens asked if traffic studies will be conducted in relation to station planning.
Newton said they would. Nelson said there is a need for a station along 169, either in
Eden Prairie or elsewhere. She said this will be especially important with the completion
of the new 169 interchange. Newton said Southwest Transit is looking at a 169 park and
ride that would have express service to the LRT. Aho said he likes the idea of providing
more parking on the west end of the line.
City Attorney Ric Rosow briefed the City Council on a memorandum he issued regarding
quasi-judicial roles of councils and county boards.
Open Podium - Council Chamber
III. ABDIMALIK MOHAMED—FAMINE IN SOMALIA & SOMALI YOUTH
ORGANIZATION
Mohamed addressed the famine in East Africa and Somali youths in Eden Prairie.
IV. ANNE PRIDEAUX—BAKER ROAD
Prideaux said she lives on Oak Hill Court. She asked the City Council not to approve the
proposed realignment on Baker Road. She suggested that more research be conducted
before a decision is made to proceed.
V. ADJOURNMENT
ITEM NO.: VI.B.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY,AUGUST 16, 2011 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher
Wickstrom, Ron Case, and Kathy Nelson
CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community
Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City
Attorney Ric Rosow and Council Recorder Jan Curielli
I. ROLL CALL/CALL THE MEETING TO ORDER
Mayor Tyra-Lukens called the meeting to order at 7:00 PM.
II. COLOR GUARD /PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
IV. PROCLAMATIONS/PRESENTATIONS
A. COMMENDATION- TIMOTHY TAORMINA
Chief Reynolds and Mayor Tyra-Lukens presented the Eden Prairie Police
Department's Commendation Award to Timothy Taormina for his heroism in an
emergency situation on July 20, 2011, when he guided a bus with 65 children on
board to safety after the driver suffered a medical emergency.
B. THREE RIVERS PARK DISTRICT PRESENTATION
Cris Gears, Superintendent of Three Rivers Park District, and John Gibbs, Parks
Commissioner,presented a PowerPoint overview of their facilities and projects in
the Eden Prairie area. Mr. Gears reviewed the five major areas of interest included
in their Vision Plan, noting that their fifth area of interest is to collaborate across
boundaries. He asked Council Members and staff to let them know of ways they
can collaborate with the City to increase services to Eden Prairie residents.
Tyra-Lukens commended Three Rivers Park District on their great job and thanked
them for the invitation to collaborate.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Case added Item XIII.A.2.
MOTION: Aho moved, seconded by Nelson, to approve the agenda as amended. Motion
carried 5-0.
CITY COUNCIL MINUTES
August 16,2011
Page 2
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY,JULY 19, 2011
MOTION: Case moved, seconded by Aho, to approve the minutes of the Council
workshop held Tuesday, July 19, 2011 as published. Motion carried 5-0.
B. CITY COUNCIL MEETING HELD TUESDAY,JULY 19, 2011
MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the minutes of
the City Council meeting held Tuesday, July 19, 2011 as published. Motion carried
5-0.
C. JOINT CITY COUNCIL/BUDGET ADVISORY COMMISSION
WORKSHOP HELD APRIL 28, 2011
MOTION: Case moved, seconded by Nelson, to approve the minutes of the Joint
City Council/Budget Advisory Commission workshop held April 28, 2011 as
published. Motion carried 5-0.
VII. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. METROPOLITAN CAR DEALERSHIP by Thomas Grossman Family L.P.
Second Reading of Ordinance 10-2011-PUD-5-2011 for Planned Unit District
Review with waivers and Zoning District Amendment in the C-Reg-Ser Zoning
District on 16.2 acres, Site Plan Review on 16.2 acres, Preliminary Plat on 16.2
acres into two lots. Location: 12475 Plaza Drive (Ordinance No. 10-2011-PUD-5-
2011 for PUD District Review with waivers and Zoning District Amendment,
Resolution 2011-61 for Site Plan Review)
C. ADOPT RESOLUTION NO. 2011-62 APPROVING FINAL PLAT FOR
METROPOLITAN ADDITION
D. ADOPT RESOLUTION NO. 2011-63 AUTHORIZING EXECUTION OF 2011
CDBG SUBRECIPIENT AGREEMENTS
E. ADOPT RESOLUTION NO. 2011-64 APPROVING JOINT POWERS
AGREEMENT WITH BUREAU OF CRIMINAL APPREHENSION FOR
MINNESOTA CRIMINAL JUSTICE DATA COMMUNICATIONS
NETWORK
F. ADOPT RESOLUTION NO. 2011-65 REQUESTING A LIMITED-USE
PERMIT FOR NON-MOTORIZED RECREATIONAL TRAIL FROM TH 212
BRIDGE TO RILEY LAKE ROAD
CITY COUNCIL MINUTES
August 16,2011
Page 3
G. AUTHORIZE WINTER LRT TRAIL USE AGREEMENT WITH THREE
RIVERS PARK
H. AWARD CONTRACT FOR EAST STARING LANE WATERMAIN
EXTENSION
I. APPROVE BANEBERRY HOLLOW SETTLEMENT AGREEMENT
MOTION: Butcher Wickstrom moved, seconded by Case, to approve Items A-I on
the Consent Calendar. Motion carried 5-0.
VIII. PUBLIC HEARINGS / MEETINGS
A. GRAND HAVEN AT MARSH COVE by Marsh Cove, LLC (Continued from
July 19, 2011) Request for Guide Plan Change from Church to Low Density
Residential on 6.41 acres and from Church to Parks and Open Space on 5.21 acres,
Planned Unit Development Concept Review on 11.62 acres, Planned Unit District
Review with waivers and Zoning District Change from Public to R1-13.5 on 6.41
acres, Preliminary Plat on 11.62 acres into 16 lots and 1 outlot. Location: 17850
Duck Lake Trail. (Resolution No. 2011-66 for Guide Plan Change; Resolution
No. 2011-67 for PUD Concept Review; Ordinance for PUD District Review
and Zoning District Change; Resolution No. 2011-68 for Preliminary Plat)
Getschow said this is a continued item from the July 19, 2011 City Council
meeting. Official notice of this public hearing was published in the July 7, 2011,
Eden Prairie News and sent to 87 property owners. The revised plan has 16 lots.
The number of waivers has been reduced from 40 to 3.
Jeff Schoenwetter, JMS Custom Homes, said since last month they have done a lot
of work on the project to simplify the plan and eliminate almost all of the waivers
needed. All the backyards exceed the minimum size so there is room for decks and
patios. The cul de sac is shorter than either of those in the adjoining neighborhoods.
Case said he expressed concern at the last meeting about the effect of a new project
that comes into a pre-existing neighborhood. His concern tonight is that he did not
see any plantings along the tree line for the first and second lots on the west side.
Schoenwetter said he believed the plan to approve tonight has the required tree
replacement plan and, in addition, they plan to plant 12-15 large pine trees that will
provide year-round screenings.
Nelson asked about the final resolution on lighting. Schoenwetter said the streets
will be lighted using 300-600 watts of lighting on the front of every house
controlled by photo cells. Nelson asked if it is the resident's responsibility to keep
the lights changed. Schoenwetter said it is primarily the homeowner's
responsibility, but the homeowner association documents will allow the association
the opportunity to maintain lighting for them.
Shawn Cheesman, 6782 Boyd Avenue, said last month he and his wife expressed
CITY COUNCIL MINUTES
August 16,2011
Page 4
concerns about the development. They were happy to see the new plan with only
three waivers, but he was not clear the issue of preserving the evergreen trees has
been addressed. He would like the developer to consider what can be done to
preserve the trees. He said he was surprised that they never heard anything from the
developer despite the Mayor's recommendation at the last meeting to create more
lines of communication.
Sarah Cheesman, 6782 Boyd Avenue, said, depending on how the homes in the
project are placed, it will have a considerable impact on her view. She asked that
the builder of the homes on Lots 7 and 8 be required to work with them on the
impact on their view.
MOTION: Aho moved, seconded by Nelson, to close the public hearing. Motion
carried 5-0.
Nelson said she commended the developer for getting the number of variances
down as low as they have and for putting together a nice plan that is closer to what
we normally expect to see. She said the developer seems to be more in tune with
working with the neighbors.
Tyra-Lukens said she was much happier with the plan as it is changed.
MOTION: Aho moved, seconded by Butcher Wickstrom, to adopt Resolution No.
2011-66 for Guide Plan change from Church to Low Density Residential on 6.5
acres, and from Church to Park/Open Space 5.12 acres; and to adopt Resolution
No. 2011-67 for Planned Unit Development Concept Review on 11.62 acres; and to
approve 1st Reading of the Ordinance for Planned Unit Development District
Review with waivers on 11.62 acres, and Zoning District change from Public to
R1-13.5 on 6.5 acres; and to adopt Resolution No. 2011-68 for Preliminary Plat on
11.62 acres into 16 lots, 1 outlot, and right-of-way; and to direct staff to prepare a
development agreement incorporating staff and commission recommendations and
Council conditions.
Case said, in regard to the Cheesman's comments, there is a fine line of trying to
mitigate the impacts on existing development and infringing on the rights of the
new development. The developer has gone a long way to take into account the
existing neighborhoods. He thought this developer has done a good job of hearing
our concerns.
VOTE ON THE MOTION: Motion carried 5-0.
B. PRAIRIE RIDGE by Manley Development. Request for Planned Unit
Development Concept Review on 9.69 acres, Planned Unit District Review with
waivers and Zoning District Change from R1-22 to R1-13.5 on 9.69 acres,
Preliminary Plat of 9.69 acres into 22 lots and 1 outlot. Location: 17555 Duck Lake
Trail. (Resolution No. 2011-69 for PUD Concept Review; Ordinance for PUD
District Review and Zoning District Change; Resolution No. 2011-70 for
Preliminary Plat)
CITY COUNCIL MINUTES
August 16,2011
Page 5
Getschow said official notice of this public hearing was published in the August 4,
2011,Eden Prairie News and sent to 91 property owners.
Bill Coffman, representing Manley Development, thanked staff for the guidance
they gave on the project. They held three neighborhood meetings where they
discussed the project and how the site would be developed. There will be 22 single
family homes on about ten acres of property with an average lot size of just over
1600 square feet. Trees will be planted on the perimeter of the site to add to the
landscape buffer for the existing neighborhoods. They propose to connect up to the
existing trail that runs along the west side of the site. They expect to have two
custom home builders with price points from $450-650,000 and hope to have a
grand opening in March of 2012.
Case said when he walked the property he noticed there were some water issues
along the east side between the ponds and on the west side by Lots 9, 10 and 11. He
asked if they are trying to mitigate those areas. Coffman said as the developer they
have to control the water rate and volume coming off their site, and the water
coming off their site will be reduced post-development as opposed to pre-
development.
There were no comments from the audience.
Nelson asked how the connection to the trail that goes through an outlot will be
maintained. Coffman said that was discussed with staff, and the outlot would be
dedicated to the City so it will be City-owned.
MOTION: Butcher Wickstrom moved, seconded by Nelson, to close the public
hearing; to adopt Resolution No. 2011-69 for Planned Unit Development Concept
Review on 9.69 acres; to approve 1st Reading of the Ordinance for Planned Unit
Development District Review with waivers, and Zoning District change from R1-
22 to R1-13.5 on 9.69 acres; to adopt Resolution No. 2011-70 for Preliminary Plat
on 9.69 acres into 22 lots, one outlot and road right-of-way; to direct staff to
prepare a development agreement incorporating staff and commission
recommendations and Council conditions; and to approve and authorize issuance of
a grading permit for the Prairie Ridge project subject to release by the City
Engineer upon determination that the final contract documents conform to plans
stamp dated August 4, 2011, as approved by the City Council. Motion carried 5-0.
C. GE CAPITAL ECO EXPERIENCE CENTER by GE Capital Corp.
Request for Planned Unit Development Concept Amendment on 42 acres, Planned
Unit District Review with waivers and Zoning District Amendment within the
Office Zoning District on 11.19 acres, Site Plan Review on 11.19 acres and
Preliminary Plat on 11.19 acres into 1 lot and 1 outlot. Location: 3 Capital Drive.
(Resolution No. 2011-71 for PUD Concept Review; Ordinance for PUD
District Review and Zoning District Amendment; Resolution No. 2011-72 for
Preliminary Plat)
CITY COUNCIL MINUTES
August 16,2011
Page 6
Getschow said official notice of this public hearing was published in the August 4,
2011,Eden Prairie News and sent to 91 property owners.
Deb Frodl, Chief Strategy and Marketing Officer for GE Capital Fleet Services,
said their eco-imagination strategy focuses on clean energy and, as part of that
strategy, they plan to acquire 25,000 electric vehicles by 2016. The Eco Experience
Center is the centerpiece of their strategy.
There were no comments from the audience.
MOTION: Case moved, seconded by Nelson, to close the public hearing; to adopt
Resolution No. 2011-71 for Planned Unit Development Concept Review on 42
acres; to approve 1st Reading of the Ordinance for Planned Unit Development
District Review with waivers on 11.19 acres, and Zoning District Amendment in
the Office District on 11.19 acres; to adopt Resolution No. 2011-72 for
Preliminary Plat on 11.19 acres into one lot and one outlot; to direct staff to prepare
a development agreement incorporating staff and commission recommendations
and Council conditions; to approve and authorize issuance of a grading permit for
the GE Capital Eco Experience project subject to release by the City Engineer upon
determination that the final contract documents conform to plans stamp dated
August 1, 2011, as approved by the City Council; and to approve and authorize
issuance of a footing and foundation permit for the GE Capital Eco Experience
Project subject to release by the Chief Building Official that the building permit
conforms to plans stamp dated August 1, 2011, as approved by the City Council.
VOTE ON THE MOTION: Motion carried 5-0.
D. THUNDERBIRD AVIATION by Nancy Grazzini-Olson. Request for Site Plan
Review on 4.7 acres. Location: 14091 Pioneer Trail. (Resolution No. 2011-73 for
Site Plan Review)
Getschow said this project is a new 7,678 square foot full service aviation facility.
The Metropolitan Airports Commission is also reviewing the plans. Official notice
of this public hearing was published in the August 4, 2011,Eden Prairie News and
sent to 5 property owners.
There were no comments from the audience.
MOTION: Aho moved, seconded by Nelson, to close the public hearing and to
adopt Resolution No. 2011-73 for Site Plan Review on 4.7 acres. Motion carried
5-0.
E. PARK AND RECREATION PROPOSED FEES FOR 2012
Getschow said we publish notice of a public hearing when we are proposing a
change in our fees. Some areas of rentals for buildings and some of the program
fees will be changed.
CITY COUNCIL MINUTES
August 16,2011
Page 7
Lotthammer said today is the deadline for copy for our winter brochure, so we
work well in advance of the calendar year. He said the proposed 3% increase in
dues at the Community Center will amount to a $1.00 or$2.00 increase. Ice time
goes up by$5.00 for prime time. A rate for non-primetime was created in order to
attract people to the less desirable time slots. He said it is important that we
continue to keep pace with the level of inflation in some areas.
Basil Wissner, 8293 Mitchell Road, asked if the rental fees charged for facilities
like the Riley-Jacques Barn include the cleanup. Lotthammer said it includes setup
and cleanup, although the Barn includes a light setup. The overall cleanup is
somewhat done by the group, but we come in to make sure it is in good shape. For
big events that require extra work, we will charge on a case by case basis. Wissner
said he didn't think the City should pay for cleanup, and the renter should pay for
the cleanup cost completely. Lotthammer said we have calculated the cost for that
in the fee, and we also have damage deposits for all facilities.
MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the proposed
Park and Recreation fees and charges for inclusion in the 2012 budget.
Butcher Wickstrom said she appreciated having multiple levels of fees so people
have an option.
VOTE ON THE MOTION: Motion carried 5-0.
IX. PAYMENT OF CLAIMS
MOTION: Case moved, seconded by Butcher Wickstrom, to approve the payment of
claims as submitted. Motion was approved on a roll call vote,with Aho,Butcher
Wickstrom, Case,Nelson, and Tyra-Lukens voting "aye."
X. ORDINANCES AND RESOLUTIONS
XI. PETITIONS, REQUESTS AND COMMUNICATIONS
XII. APPOINTMENTS
XIII. REPORTS
A. REPORTS OF COUNCIL MEMBERS
1. Recognition of Fred Haffner--Mayor Tyra-Lukens
Tyra-Lukens read a letter of recognition for Fred Haffner, an Eden Prairie
Fire Department"Charter Member,"who passed away on July 21st, 2011.
During Fred's career, he served first as a firefighter and then as Captain of
Squad Two. Fred retired after 18 years of dedicated service in 1985. She
said we owe him a debt of gratitude for his service.
CITY COUNCIL MINUTES
August 16,2011
Page 8
2. Visit of Group from Lodi, China--Council Member Case
Case said in his role as Acting Mayor he was recently called upon to attend
an event with a group from our sister city of Lodi, China. The group
presented him with a plaque that will be displayed here in City Hall. He
thanked the city of Lodi for the plaque.
B. REPORT OF CITY MANAGER
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
1. Donation to the Community Theater Program
Lotthammer said this item and the following one are similar in that they are
donations from individuals who want to remain anonymous. He noted
donations like these show trust that we do good things in the City. The first
item is from a family whose child has participated in the Children's Theatre
program in Eden Prairie.
MOTION: Nelson moved, seconded by Case, to accept the anonymous
donation of$1,000 to be used by the Eden Prairie Players for the purchase
of equipment or supplies needed to enhance the theater program. Motion
carried 5-0.
2. Donation to Parks and Recreation for Park Amenities
Lotthammer said this donation comes from a gentleman who grew up in
Eden Prairie and has an appreciation for the experiences he had in the parks
and recreation programs while growing up. The donor asked that his
donation be used somewhere in the parks system. Staff would like to use the
donation for a water fountain at Staring Lake that provides separate
drinking areas for people and dogs.
MOTION: Aho moved, seconded by Butcher Wickstrom, to accept the
anonymous donation of$2,000 to be used to replace and upgrade the
drinking fountain at the Staring Lake Park—West Parking Lot. Motion
carried 5-0.
E. REPORT OF PUBLIC WORKS DIRECTOR
1. Baker Road Lane Configuration
Ellis said Hennepin County scheduled a resurfacing project in the Baker
Road area, and we saw this as an opportunity to do something a little
different with the road. They hired a consultant firm to take a closer look at
the configuration and traffic patterns and decide if it should be kept as four
CITY COUNCIL MINUTES
August 16,2011
Page 9
lanes or restriped as three vehicular lanes with shoulders to accommodate
bikes. Staff preferred the three lane option because it gave the street more of
a "complete street" feel and might provide some benefit for pedestrians. An
open house was held on August 4 at Forest Hills Elementary with 60 people
attending. The overwhelming majority of comments received were opposed
to the change,primarily because of the difficulty of getting on to Baker
Road in the morning hours. He said staff is recommending tonight that we
leave the striping as is, except to go down to three lanes at the intersection
of Hwy 62.
Getschow said the Council has had work sessions about the concept of
"complete streets" to have more integration of pedestrians and bikers. We
are continuing to study that concept. This was an idea we thought we would
suggest, but obviously the citizen reaction was a large factor in why we
recommended not making a change. He said there is no action required at
this time.
Nelson said she was glad staff is recommending against the change. She
believes we have to have buy-in from the residents any time we have a
major change in the City. She agreed we should continue the walkability
ideas as we go forward, but for now Baker Road should stay the way it is.
Tyra-Lukens agreed with Council Member Nelson. She thought Baker Road
was constructed as a four-lane road many years ago in anticipation of much
heavier density in Eden Prairie. She said she spent time going out there
during rush hour in the last few weeks, and did not observe a lot of heavy
traffic on the street, but there are concerns with sight lines, curves and the
school. She thought there are issues that would have needed to be studied
more before a change was made. She noted there are streets in the Twin
Cities that have been converted to three lanes where people love the three
lane configuration, such as on France Avenue north of Hwy 62.
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XIV. OTHER BUSINESS
XV. ADJOURNMENT
MOTION: Butcher Wickstrom moved, seconded by Case, to adjourn the meeting. Motion
carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:24 PM.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar September 6, 2011
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A.
Christy Weigel, Clerk's License Application List
Police/ Support Unit
These licenses have been approved by the department heads responsible for the licensed activity.
Commercial Kennel
Wag `n Woofs LLC
DBA: Wag `n Woofs
Temporary Liquor
Organization: Rotary Club of Eden Prairie
Event: Wine Tasting
Date: October 15, 2011
Place: Eden Prairie Community Center
- 1 -
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda September 6, 2011
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Community Development/Planning Grand Haven At Marsh Cove VIII.B.
Janet Jeremiah/Scott Kipp
Requested Action
Move to:
• Approve 2nd Reading of the Ordinance for Planned Unit Development District Review and
Zoning District Change from Public to R1-13.5; and
• Approve the Development Agreement for Grand Haven at Marsh Cove and
• Approve and Authorize Issuance of a Grading Permit for Grand Haven at Marsh Cove
subject to release by the City Engineer upon determination that the final contract documents
conform to plans stamp dated September 6, 2011, as approved by the City Council.
Synopsis
This is final approval of the development agreement and plans for a 16 single family lot
subdivision.
Background Information
The 120-Day Review Period Expires on September 7, 2011.
Attachments
1. Ordinance for PUD District Review
2. Summary Ordinance
3. Development Agreement
GRAND HAVEN AT MARSH COVE
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 11-2011-PUD-6-2011
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
Public Zoning District and be placed in the R1-13.5 Zoning District 11-2011-PUD-6-2011
(hereinafter "PUD-6-20 1 1-R1-13.5").
Section 3. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of September 6, 2011 entered into between JMS Homes LLC,
and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development
Agreement contains the terms and conditions of PUD-6-2011-R1-13.5, and are hereby made a
part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD-6-2011-R1-13.5 is not in conflict with the goals of the Comprehensive
Guide Plan of the City.
B. PUD-6-2011-R1-13.5 is designed in such a manner to form a desirable and
unified environment within its own boundaries.
C. The exceptions to the standard requirements of Chapters 11 and 12 of the City
Code that are contained in PUD-6-2011-R1-13.5 are justified by the design of the
development described therein.
D. PUD-6-2011-R1-13.5 is of sufficient size, composition, and arrangement that its
construction, marketing, and operation are feasible as a complete unit without
dependence upon any subsequent unit.
Section 5. The proposal is hereby adopted and the land shall be, and hereby is
removed from the Public Zoning District, and placed in the R1-13.5 Zoning District and shall be
included hereafter in the Planned Unit Development PUD-6-2011-R1-13.5 and the legal
descriptions of land in each district referred to in City Code Section 11.03, subdivision 1,
subparagraph B, shall be and are amended accordingly.
Section 6. City Code Chapter 1 entitled"General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled
"Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated
verbatim herein.
Section 7. This Ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
16th day of August, 2011, 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 6th day of
September 6, 2011.
ATTEST:
Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on , 2011.
EXHIBIT A - Legal description
Legal Description Before Final Plat
Lot 17,Block 1,The Farm 2"d Addition
Legal Description After Final Plat
Lots 1-8 Block 1,and Lots 1-8 Block 2,Grand Haven at Marsh Cove
GRAND HAVEN AT MARSH COVE
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF
ORDINANCE NO. 11-2011-PUD-6-2011
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 at17850 Duck Lake Trail
from the Public Zoning District to the Rural Zoning District on 6.41 acres. Exhibit A, included
with this Ordinance, gives the full legal description of this property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on , 2011.
(A full copy of the text of this Ordinance is available from City Clerk.)
EXHIBIT A - Legal description
Legal Description Before Final Plat
Lot 17,Block 1,The Farm 2nd Addition
Legal Description After Final Plat
Lots 1-8 Block 1,and Lots 1-8 Block 2,Grand Haven at Marsh Cove
DEVELOPMENT AGREEMENT
GRAND HAVEN AT MARSH COVE
THIS DEVELOPMENT AGREEMENT("Agreement")is entered into as of September 6,
2011,by Marsh Cove, LLC, a limited liability company, hereinafter referred to as "Developer," its
successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation,hereinafter
referred to as "City":
WITNESSETH:
WHEREAS,Developer has applied to City for Guide Plan Change from Church to Low
Density Residential on 6.5 acres, and from Church to Park/Open Space 5.12 acres,Planned
Unit Development Concept Review on 11.62 acres, Planned Unit Development District
Review with waivers on 11.62 acres,Zoning District Change from Public to R1-13.5 on 6.5
acres, Preliminary Plat on 11.62 acres into 16 lots, 1 outlot, and right-of-way, legally
described on Exhibit A(the "Property");
NOW, THEREFORE, in consideration of the City adopting Resolution No.2011-66 for
Guide Plan Change, Resolution No. 2011-67 for Planned Unit Development Concept Review,
Ordinance No. for Planned Unit Development District Review and Zoning District
Change from Public to the R1-13.5 Zoning District on 3.4 acres, and Resolution No. 2011-68 for
Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows:
1. PLANS: Developer shall develop the Property in conformance with the materials revised
and stamp dated 2011, reviewed and approved by the City Council on
August 16, 2011, (hereinafter the "Plans") and identified on Exhibit B, subject to such
changes and modifications as provided herein.
2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set
forth in Exhibit C.
3. DEDICATION OF PARK LAND: Prior to release of the final plat for the Property,
Developer shall tender a warranty deed for proposed Outlot A for review and written
approval by the Director of Parks and Recreation Services. After approval by the City,
Developer shall file the warranty deed with the Hennepin County Recorder/Registrar of Title
as appropriate immediately after the recording of the final plat and prior to recording of any
document affecting the property including but not limited to any mortgage granted by the
Developer or owners, their successors and/or assigns.
Prior to the issuance of the first building permit for the Property,Developer shall submit to
the City Engineer proof that the warranty deed has been recorded in the Hennepin County
Recorder's Office/Registrar of Titles' Office.
4. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a
violation of City Code relating to use of the Land construction thereon or failure to fulfill an
obligation imposed upon the Developer pursuant to this Agreement,City shall give 24 hour
notice of such violation in order to allow a cure of such violation, provided however, City
need not issue a building or occupancy permit for construction or occupancy on the Land
while such a violation is continuing,unless waived by City.
The existence of a violation of City Code or 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. 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 maintenance,the Owner of the Property shall continue to
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.
7. FRONT YARD BUILDING SETBACKS
Developer agrees that all homes shall be built according to the front yard setbacks as shown
on the plans.
8. LANDSCAPE PLAN
Prior to release of the final plat,Developer shall submit a revised landscape plan for Lots 1
and 2 Block 2, and Lots 1, 2,and 3, Block one for review and written approval by the City
Planner with the following conditions.
• All arborvitae plantings shall be a minimum of 6 feet in height.
• Add 9,6 foot high arborvitae,and 3, 12 foot high pine each on lots 1,2,and 3,Block
1.
Prior to issuance of a building permit for the Property, Developer shall furnish to the City
Planner and receive the City Planner's approval of a landscape bond equal to 150% of the
cost of said improvements as required by City Code. Developer shall complete
implementation of the approved landscape plan prior to occupancy permit issuance
9. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code
requirements within the R1-13.5 Zoning District through the Planned Unit Development
District Review for the Property and incorporates said waivers as part of PUD .
• Street frontage from 95 feet to 90 feet for Lot 1, Block 1.
• Street frontage from 85 feet to 80 feet for Lot 2, Block 1.
• Cul de sac length from 500 feet to 649 feet.
10. 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.
11. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of the final plat for the
Property, an assessment agreement,in the form and substance as attached in Exhibit D with
the City for trunk sewer and water assessments on an assessable area of 6.50 acres in the
amount of$43,777.50.
12. STREET LIGHTS: The Developer requested and the Project was granted approval to
have only one (1) street light installed within the subdivision at the intersection of Duck
Lake Trail, consistent with the provisions of Exhibit C, Section IX. Developer, its
successors and assigns shall pay for at their own cost all of the costs associated with the
installation of additional street lights within the subdivision that are requested in the
future.
13. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the
construction of streets and utilities for the Property, Developer shall submit to the City
Engineer,and obtain the City Engineer's written approval of plans for public streets,sanitary
sewer, water and storm sewer. Plans for public infrastructures shall be of a plan view and
profile on 24 x 36 plan sheets consistent with City standards. Prior to release of the final plat
for the Property,Developer shall furnish to the City Engineer and receive the City Engineer's
written approval of a surety equal to 125%of the cost of said improvements. A permit fee of
five percent of construction value shall be paid to City by Developer. The design engineer
shall provide daily inspection, certify completion in conformance to approved plans and
specifications and provide record drawings.
14. TRAIL CONSTRUCTION: Prior to issuance by City of any building permit on the
Property,Developer shall submit to the Director of Parks and Recreation Services and obtain
the Director's written approval of detailed plans for a trail to be constructed on the Property.
The trail shall be constructed in the as shown on the plans.
15. TREE LOSS-TREE REPLACEMENT: There are 2,368 diameter inches of significant
trees on the Property. Tree loss related to development on the Property is calculated at 142
diameter inches. Tree replacement required is 11.3 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 11.3 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 a building 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.
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 City Code. The Plan shall include the
following elements.
A. Wetland Delineation and Wetland Buffer Strip 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
Delineation or Buffer Reports identify any unacceptable vegetation or other
conditions,the wetland and/or wetland buffer strip shall be graded,treated,reseeded
and/or replanted (thereon known as "Landscaping", or "Landscaped") by the
Developer within 90 days of submission of the Buffer Report or within 90 days after
receipt of a wetland permit for wetland alteration. If Landscaping of the wetland
and/or wetland buffer strip is required,the Developer shall submit a signed statement
by a qualified wetland consultant,as determined by the City Manager,stating that the
wetland and/or wetland buffer strip vegetation complies with all City requirements
within 30 days of completion of the Landscaping of the wetland and/or wetland
buffer strip.
B. Annual Wetland and Wetland Buffer Strip Evaluation: 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. 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.
D. 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 development.
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.
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 By
Its Nancy Tyra-Lukens
Its Mayor
By
Rick Getschow
Its City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 6th day of September 2011,by Nancy
Tyra-Lukens and Rick Getschow,respectively the Mayor and the City Manager of the City of Eden
Prairie, a Minnesota municipal corporation, on behalf of said corporation.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ,2011,by
, the , of
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55344
EXHIBIT A - Legal Descriptions
DEVELOPMENT AGREEMENT—GRAND HAVEN AT MARSH COVE
Legal Description Before Final Plat
Lot 17, Block 1, The Farm 2nd Addition
Legal Description After Final Plat
Lots 1-8 Block 1, and Lots 1-8 Block 2, Grand Haven at Marsh Cove
EXHIBIT B - Plans
DEVELOPMENT AGREEMENT—GRAND HAVEN AT MARSH COVE
Plans:
Cover, dated August 2,2011, by Carlson McCain
Existing Conditions, dated August 2,2011, by Carlson McCain
Preliminary Plat, dated August 2,2011, by Carlson McCain
Preliminary Site and Utility Plan, dated August 2,2011, by Carlson McCain
Preliminary Grading and Erosion Control Plan, dated August 2,2011, by Carlson McCain
Details, dated August 2,2011, by Carlson McCain
Tree Preservation Plan, dated August 2,2011, by Carlson McCain
Planting plan, dated August 2,2011, by Carlson McCain
EXHIBIT C
DEVELOPMENT AGREEMENT—GRAND HAVEN AT MARSH COVE
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. If
applicable less SAC credits per Metro Waste Control.
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 '/2 by 6 inch sign or decal reading
"Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of
the post.
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 - GRAND HAVEN AT MARSH COVE
AGREEMENT REGARDING SPECIAL ASSESSMENTS
THIS IS AN AGREEMENT MADE THIS 6th day of September, 2011, between the City of
Eden Prairie, a municipal corporation, (the "City") and Marsh Cove,LLC
a Minnesota company(the "Owner").
A. The Owner holds legal and equitable title to property described as
, Hennepin County, Minnesota, which property is the
subject of this Agreement and is hereinafter referred to as the "Property".
B. The Owner desires to develop the property in such a manner that relies upon the City's
trunk utility system,including trunk sanitary sewers,trunk watermains,wells,elevated storage facilities
and a water treatment plant(all of which is hereafter referred to as the "Improvement").
C. The parties hereto desire to enter into an Agreement concerning the financing of the
construction of the Improvements all of which will inure to the benefit of the Property.
AGREEMENTS
IT IS HEREBY AGREED as follows:
1. The Owner consents to the levying of assessments against the Property in the amount of
$43,777.50 for the Improvements.
2. The City's assessment records for the Property will show the assessments as a"pending
assessment"until levied.
3. The Owner waives notice of any assessment hearing to be held at which hearing or
hearings the assessment is to be considered by the City Council and thereafter approved and levied.
4. The Owner concurs that the benefit to the Property by virtue of the Improvements to be
constructed exceeds the amount of the assessment to be levied against the Property. The Owner waives
all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity
of the assessments, or the procedures used by the City in apportioning the assessments and hereby
releases the City,its officers,agents and employees from any and all liability related to or arising out of
the imposition or levying of the assessments.
5. This Agreement shall be effective immediately.
6. This Agreement may not be terminated or amended except in writing executed by
both parties hereto,provided however upon the levying of the special assessments contemplated by
Paragraph 1 hereof the City may upon request of the owner of the property affected,without the
necessity of further City Council approval,unilaterally prepare and provide to the owner for
recording a document releasing any property so levied from this Agreement.
7. This Agreement constitutes a lien on the Property in the amount of$43,777.50 until
such time as the assessments referred to above are levied.
OWNER CITY OF EDEN PRAIRIE
A Minnesota A Minnesota Municipal Corporation
By: NOT TO BE SIGNED By: NOT TO BE SIGNED
Nancy Tyra-Lukens
Its Mayor
By: NOT TO BE SIGNED
Rick Getschow,
Its City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ,2011,
by Nancy Tyra-Lukens,the Mayor,and Rick Getschow,the City Manager,of the City of Eden Prairie,a
Minnesota municipal corporation, on behalf of the corporation.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ,
20011 by the
, a Minnesota , on behalf of the .
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55344
OWNERS' SUPPLEMENT TO
DEVELOPMENT AGREEMENT BETWEEN
MARSH COVE,LLC
AND THE CITY OF EDEN PRAIRIE
THIS AGREEMENT,made and entered into as of September 6,2011,by and between King
of Glory Lutheran Church,a nonprofit corporation under the laws of Minnesota,("Owner"),and the
CITY OF EDEN PRAIRIE ("City"):
For, and in consideration of, and to induce City to adopt Resolution No. 2011-66 for Guide Plan
Change, Resolution No. 2011-67 for Planned Unit Development Concept Review, Ordinance No.
for Planned Unit Development District Review and Zoning District Change from
to , Resolution No. for Site Plan Review, and Resolution No. 2011-68 for
Preliminary Plat, as more fully described in that certain Development Agreement entered into as of
,20011,by and between JMS Customs Homes,LLC,a limited liability company,and
City("Development Agreement")pertaining to that certain Property described on Exhibit A hereto,Owner
agrees with City as follows:
1. If Marsh Cove, LLC, a limited liability company, fails to commence development
in accordance with the Development Agreement and fails to obtain an occupancy
permit for all of the improvements referred to in the Development Agreement
within 24 months of the date of this Owners' Supplement, Owner shall not oppose
the City's reconsideration and rescission of Resolution No. 2011-66 for Guide
Plan Change, Resolution No. 2011-67 for Planned Unit Development Concept
Review, Ordinance No. for Planned Unit Development District
Review and Zoning District Change from to , Resolution
No. for Site Plan Review, and Resolution No. 2011-68 for
Preliminary Plat, identified above, thus restoring the status of the Property before
the Development Agreement and all approvals listed above were approved.
2. This Agreement and the Development Agreement shall be binding upon and
enforceable against the Property and the Owner, their successors and assigns of
the Property.
3. If Owner transfers this Property, Owner shall obtain an agreement from the
transferee requiring that such transferee agree to all of the terms, conditions and
obligations of"Developer" in the Development Agreement. Neither the Owner or
transferee are required to develop the property in accordance with this Agreement,
so long as Owner or transferee obtain such approvals as are required by City Code
to develop the Property in a manner other than as set forth in this Agreement.
IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to
be executed as of the day and year aforesaid.
OWNERS CITY OF EDEN PRAIRIE
By By
Its Nancy Tyra-Lukens
Its Mayor
By By
Its Rick Getschow,
Its City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 6th day of September,2011,by
Nancy Tyra-Lukens and Rick Getschow,respectively the Mayor and the City Manager of the City of
Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
, 20011, by , the of
, a Minnesota , on behalf of the
corporation.
Notary Public
19
EXHIBIT A - OWNERS SUPPLEMENT
Legal Description Before Final Plat
Lot 17, Block 1, The Farm 2n'Addition
Legal Description After Final Plat
Lots 1-8 Block 1, and Lots 1-8 Block 2, Grand Haven at Marsh Cove
20
CITY COUNCIL AGENDA DATE: September 6, 2011
SECTION: Consent Agenda
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C.
Community Development/Planning GE Capital Eco Experience Center
Janet Jeremiah/Regina Rojas
Requested Action
Move to:
• Approve 2nd Reading of the Ordinance for Planned Unit Development District Review and
Zoning District Amendment in the Office Zoning District; and
• Adopt a Resolution for Site Plan Review; and
• Approve the Development Agreement for GE Capital Eco Experience Center.
Synopsis
This is final approval of the plans and the development agreement for a 6,620 square foot two
story office building with a ground level garage for 12 vehicles, 6 charging stations for electric
vehicles, and a .44 mile driving course for electric vehicles.
Background Information
The 120-Day Review Period Expires on October 22, 2011.
Attachments
1. Ordinance for PUD District Review and Zoning District Amendment
2. Summary Ordinance
3. Resolution for Site Plan Review
4. Development Agreement
GE CAPITAL ECO EXPERIENCE CENTER
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 12-2011-PUD-7-2011
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,AMENDING
CERTAIN LAND WITHIN A ZONING DISTRICT,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 amended within
the Office Zoning District 12-2011-PUD-7-2011 (hereinafter "PUD-7-2011-OFC).
Section 3. The City Council hereby makes the following findings:
A. PUD-7-2011-OFC is not in conflict with the goals of the Comprehensive Guide
Plan of the City.
B. PUD-7-2011-OFC 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-7-2011-OFC are justified by the design of the
development described therein.
D. PUD-7-2011-OFC is of sufficient size, composition, and arrangement that its
construction, marketing, and operation is feasible as a complete unit without dependence
upon any subsequent unit.
Section 4. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of September 6, 2011, entered into between Gelco
Corporation, and the City of Eden Prairie, (hereinafter"Development Agreement"). The
Development Agreement contains the terms and conditions of PUD-7-2011-OFC, and are hereby
made a part hereof.
Section 5. The proposal is hereby adopted and the land shall be, and hereby is
amended within the Office District and shall be included hereafter in the Planned Unit
Development 7-2011-OFC, 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
16th day of August, 2011, 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 6th day of
September, 2011.
ATTEST:
Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on , 2011.
EXHIBIT A
PUD Legal Description —
Legal Description Before:
Lots 1, 2, 3, & 4, Block 3 and Outlots G, H, I and J, Gelco First Addition, Hennepin County,
Minnesota
Legal Description After:
Lot 1, Block 1 and Outlot A, Gelco Second Addition, Hennepin County, Minnesota
GE CAPITAL ECO EXPERIENCE CENTER
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF
ORDINANCE NO. 12-2011-PUD-7-2011
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,AMENDING THE
ZONING OF CERTAIN LAND WITHIN ONE 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 amendment of the zoning of land located at 3
Capital Drive within the Office 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 Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on , 2011.
(A full copy of the text of this Ordinance is available from City Clerk.)
Legal Description Before:
Lots 1, 2, 3, & 4, Block 3 and Outlots G, H, I and J, Gelco First Addition, Hennepin County,
Minnesota
Legal Description After:
Lot 1, Block 1 and Outlot A, Gelco Second Addition, Hennepin County, Minnesota
GE CAPITAL ECO EXPERIENCE CENTER
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2011-
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR GE CAPITAL ECO EXPERIENCE CENTER
BY GELCO CORPORATION
WHEREAS, Gelco Corporation, has applied for Site Plan approval of GE Capital Eco
Experience Center to construct a 6,620 square foot office building with a ground level garage,
charging stations and a .44 mile driving course for electric vehicles,by an Ordinance approved
by the City Council on August 16, 2011; and
WHEREAS, the Planning Commission reviewed said application at a public hearing at
its July 11,2011 meeting and recommended approval of said site plans; and
WHEREAS, the City Council has reviewed said application at a public hearing at its
August 16, 2011 meeting.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF EDEN PRAIRIE,that site plan approval be granted to GE Capital Eco
Experience Center based on the Development Agreement between GE Capital Eco Experience
Center and the City of Eden Prairie, reviewed and approved by the City Council on September 6,
2011.
ADOPTED by the City Council of the City of Eden Prairie this 6th day of September,
2011.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen A. Porta, City Clerk
DEVELOPMENT AGREEMENT
GE CAPITAL ECO EXPERIENCE CENTER
THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of September
20, 2011,by Gelco Corporation,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 Review
on 42 acres,Planned Unit Development District Review with waivers on 11.19 acres,Zoning District
Amendment within the Office Zoning District on 11.19 acres, Site Plan Review on 11.19 acres,and
Preliminary Plat of 11.19 acres into 1 lot and 1 outlot, 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 Amendment within the Office Zoning District on
11.19 acres,Resolution No. for Site Plan Review,and Resolution No.
for Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows:
1. PLANS: Developer shall develop the Property in conformance with the materials revised
and stamp dated August 1,2011,reviewed and approved by the City Council on August 16,
2011, (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. 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.
4. 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.
5. 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.
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 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, Stormwater Infiltration or Filtration
Systems(such as rainwater gardens,vegetated swales, infiltration basins,vegetated
filters, filter strips, curbless parking lot islands, parking lot islands with curb-cuts,
traffic islands, tree box filters, bioretention systems or infiltration trenches) or
Underground Systems(such as media filters,underground sand filters,underground
vaults,sedimentation chambers,underground infiltration systems,pre-manufactured
pipes, modular structures or hydrodynamic separators) shall be maintained by the
Developer and or Owner during construction and for a minimum of two (2) full
growing seasons after completion of the development to ensure that soil compaction,
erosion, clogging, vegetation loss, channelization of flow or accumulation of
sediment are not occurring, and thereafter by the Owner of the Property.A Planting
Plan for the Stormwater Facilities (where appropriate) must be submitted prior to
release of the first building permit for the Development
Developer shall employ the design professional who prepared the final grading plan
to monitor construction of the Stormwater Facilities for conformance to the
Minnesota Pollution Control Agency publication entitled"State of Minnesota Storm
water Manual" dated November 2005, the approved final grading plan and the
requirements listed herein. All inspections of underground systems shall be
performed by personnel that have approved OSHA confined space training.
All Stormwater Infiltration Systems shall be delineated with erosion control fencing
prior to construction. All Stormwater Infiltration Systems shall be installed using
low-impact earth moving equipment. No equipment, vehicles, supplies or other
materials shall be stored or 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. Parking lots and drive lanes that drain to
any Stormwater Facilities shall be swept at least weekly during construction and for
frequently if necessary to minimize sediment accumulation within the facilities.
After the two year period of maintenance,the Owner of the Property shall continue to
be responsible for maintenance of the Stormwater Facilities. This shall include
regular sweeping of private streets , parking lots or drive aisles; debris and litter
removal; removal of noxious and invasive plants; removal of dead and diseased
plants;maintenance of approved vegetation;re-mulching of void areas;replanting or
reseeding areas where dead or diseased plants were removed; and removal of
sediment build-up. Sediment build-up in above-ground Stormwater Infiltration or
Filtration Systems shall be removed by hand. Areas above Underground Systems
shall be kept free of structures that would limit access to the System for maintenance
or replacement.
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.
7. 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.
8. 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 21 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.
9. 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.
10. MISCELLANEOUS: The unfiled November 4, 1997 Development Agreement between
Capital Pointe,LLC and the City of Eden Prairie,attached hereto as Exhibit E,is superseded
by this Agreement with respect to the Property,but otherwise remains in full force and effect
as to property other than the Property which is the subject matter of this Agreement.
11. PERFORMANCE STANDARDS: Developer agrees that the Property will be operated in a
manner meeting all applicable noise,vibration,dust and dirt,smoke,odor and glare laws and
regulations. Developer further agrees that the facility upon the Property shall be operated so
noise,vibration,dust and dirt,smoke,odor and glare do not go beyond the Property boundary
lines.
12. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code
requirements within the Office Zoning District through the Planned Unit Development
District Review for the Property and incorporates said waivers as part of PUD (list PUD
number):
• A height waiver from 30 feet to 32.5 feet.
• An exterior materials waiver from 75%for the use of brick,glass,natural stone,cast
stone, cultured stone, architectural precast or precast panel to 56% for the use of
brick glass,natural stone, cast stone, cultured stone, architectural precast or precast
panel and 44% alucobond(aluminum composite material panel.)
13. 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.
14. 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 20 feet
in height. Developer shall complete implementation of the approved lighting plan prior to
issuance of any occupancy permit for the Property.
15. TRAIL CONSTRUCTION: Prior to issuance of any building permit on the Property,
Developer shall submit to the Director of Parks and Recreation Services and obtain the
Director's written approval of detailed plans for the trails to be constructed on the Property.
Prior to release of any portion of the final plat, Developer shall convey easements for such
trail and access thereto in such locations as determined by the Director of Parks and
Recreation Services. Trails shall be constructed in the following locations:
A. An eight-foot wide bituminous trail to be located in City right-of-way along
West 78th Street as depicted in the Plans.
Trails shall be constructed as shown on the Plans. Developer agrees to complete
implementation of the trail shown on Exhibit B, in accordance with the terms of Exhibit
C prior to issuance of any occupancy permit for the Property.
16. 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.
17. TREE LOSS-TREE REPLACEMENT: There are 1,124 diameter inches of significant
trees on the Property. Tree loss related to development on the Property is calculated at 97
diameter inches. Tree replacement required is 13 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 13 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.
18. 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 City Code. The
Plan shall include the following elements.
A. Wetland Delineation and Wetland Buffer Strip 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
Delineation or Buffer Reports identify any unacceptable vegetation or other
conditions,the wetland and/or wetland buffer strip shall be graded,treated,reseeded
and/or replanted (thereon known as "Landscaping", or "Landscaped") by the
Developer within 90 days of submission of the Buffer Report or within 90 days after
receipt of a wetland permit for wetland alteration. If Landscaping of the wetland
and/or wetland buffer strip is required,the Developer shall submit a signed statement
by a qualified wetland consultant,as determined by the City Manager,stating that the
wetland and/or wetland buffer strip vegetation complies with all City requirements
within 30 days of completion of the Landscaping of the wetland and/or wetland
buffer strip.
B. Annual Wetland and Wetland Buffer Strip Evaluation: 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 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 monument shall consist of a post and a wetland
buffer strip sign. The post shall be a 1.12 to 2.0 pounds per foot (1.12 pounds per
foot is preferred) green steel channel post or other material pre-approved in writing
by the City Manager. The post shall be a minimum of 2.25 inches wide and 6 feet 6
inches long (2.25"x 6.5'). The sign shall have a minimum size of 3 inch by 8 inch
(3"x 8"). The sign shall be mounted flush with the top of the post and shall include
the statement "Wetland Buffer: No Mowing Allowed" or "Wetland Buffer:
Vegetation Clearing Limit". The post shall be mounted to a height of four feet above
grade and set at least 2.5 feet in the ground. 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 development.
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.
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 By
Its Nancy Tyra-Lukens
Its Mayor
By By
Its Rick Getschow
Its City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ,2011,
by Nancy Tyra-Lukens and Rick Getschow,respectively the Mayor and the City Manager of the City
of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of , 2011,by
, the , of Gelco Corporation, a Minnesota Corporation, on
behalf of the .
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55344
EXHIBIT A
DEVELOPMENT AGREEMENT—GE CAPITAL ECO EXPERIENCE CENTER
Legal Description Before:
Lots 1, 2, 3, & 4, Block 3 and Outlots G, H, I and J, Gelco First Addition, Hennepin County,
Minnesota
Legal Description After:
Lot 1, Block 1 and Outlot A, Gelco Second Addition, Hennepin County, Minnesota
EXHIBIT B
DEVELOPMENT AGREEMENT—GE CAPITAL ECO EXPERIENCE CENTER
Sheet S 100--Certificate of Survey dated 6/23/11 by HTPO
Sheet C100—Site Plan dated 6/30/11 by HTPO
Sheet C101—Grading, Drainage and Erosion/Sediment Control Plan dated 6/30/11 by HTPO
Sheet C102—Utility Plan dated 6/30/11 by HTPO
Sheet L100—Landscape Plan& Tree Preservation Plan dated 6/30/11 by HTPO
Sheet P100—Preliminary Plat dated 6/30/11 by HTPO
Sheet A101—Construction Plan by Mitsch Design
Sheet A200—Exterior Elevations by Paxton Waters Architecture, P.C.
Sheet A301—Cross Sections by Mitsch Design
Sheet A302—Cross Sections by Mitsch Design
Sheet G004—Life Safety Plan by Mitsch Design
Sheet C200—Trail Exhibit
EXHIBIT C
DEVELOPMENT AGREEMENT—GE CAPITAL ECO EXPERIENCE CENTER
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:
INSERT ANY NAME/COMPANY LISTED IN ANY OWNER'S SUPPLEMENT
TO THE DEVELOPER'S AGREEMENT)
With respect to any interest in all portions of the Property which Developer is required,
pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"),
Developer represents and warrants as follows now and at the time of dedication or
conveyance:
A. That Developer has marketable fee title free and clear of all mortgages, liens, and
other encumbrances. Prior to final plat approval,Developer shall provide to the City
a current title insurance policy insuring such a condition of title.
B. That Developer has not used, employed, deposited, stored, disposed of, placed or
otherwise allowed to come in or on the Dedicated Property,any hazardous substance,
hazardous waste, pollutant, or contaminant, including, but not limited to, those
defined in or pursuant to 42 U.S.C. § 9601,et. seq.,or Minn. Stat., Sec. 115B.01,et.
seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as
"Hazardous Substances");
C. That Developer has not allowed any other person to use, employ, deposit, store,
dispose of,place or otherwise have,in or on the Property,any Hazardous Substances.
D. That no previous owner, operator or possessor of the Property deposited, stored,
disposed of, placed or otherwise allowed in or on the Property any hazardous
substances.
Developer agrees to indemnify, defend and hold harmless City, its successors and assigns,
against any and all loss,costs,damage and expense,including reasonable attorneys fees and
costs that the City incurs because of the breach of any of the above representations or
warranties and/or resulting from or due to the release or threatened release of Hazardous
Substances which were, or are claimed or alleged to have been,used, employed, deposited,
stored, disposed of, placed, or otherwise located or allowed to be located, in or on the
Dedicated Property by Developer, its employees, agents, contractors or representatives.
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 '/2 by 6 inch sign or decal reading
"Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of
the post.
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 — GE CAPITAL ECO EXPERIENCE CENTER
CONSERVATION EASEMENT
THIS EASEMENT AGREEMENT is made this day of ,2011 by and between
, a Minnesota Company, hereinafter referred to as "Grantor," and the
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 the 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 the City. The 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. 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 the
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 the 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 the 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 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.
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
Nancy Tyra-Lukens
Its Mayor
NOT TO BE SIGNED By NOT TO BE SIGNED
Rick Getschow
Its City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ,2011,
by Nancy Tyra-Lukens and Rick Getschow,respectively the Mayor and the City Manager of the City
of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ,2011,
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 Nat
EXHIBIT C
"EASEMENT AREA" DIAGRAM
EXHIBIT E
DEVELOPMENT AGREEMENT — GE CAPITAL ECO EXPERIENCE CENTER
1997 Development Agreement
CITY COUNCIL AGENDA DATE: September 6, 2011
SECTION: Consent Agenda
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D.
Community Development/Planning Prairie Ridge
Janet Jeremiah/Scott A. Kipp
Requested Action
Move to:
• Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with
waivers, and Zoning District Change from R1-22 to R1-13.5 on 9.69 acres, and
• Approve the Development Agreement for Prairie Ridge.
Synopsis
This is the final approval of the plans and Development Agreement for a 22 single family lot
subdivision for Prairie Ridge.
Background Information
The 120-Day Review Period Expires on October 22, 2011.
Attachments
1. Ordinance for PUD District Review and Zoning District Change
2. Summary Ordinance
3. Development Agreement
PRAIRIE RIDGE
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 13-2011-PUD-8-2011
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
R1-22 Zoning District and be placed in the R1-13.5 Zoning District 13-2011-PUD-8-2011
(hereinafter "PUD-8-2011-R1-13.5") on 9.69 acres.
Section 3. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of September 6, 2011 entered into between Manley
Development, and the City of Eden Prairie, (hereinafter"Development Agreement"). The
Development Agreement contains the terms and conditions of PUD-8-2011-R1-13.5, and are
hereby made a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD-8-2011-R1-13.5 is not in conflict with the goals of the Comprehensive
Guide Plan of the City.
B. PUD-8-2011-R1-13.5 is designed in such a manner to form a desirable and
unified environment within its own boundaries.
C. The exceptions to the standard requirements of Chapters 11 and 12 of the City
Code that are contained in PUD-8-2011-R1-13.5 are justified by the design of the
development described therein.
D. PUD-8-2011-R1-13.5 is of sufficient size, composition, and arrangement that its
construction, marketing, and operation are feasible as a complete unit without
dependence upon any subsequent unit.
Section 5. The proposal is hereby adopted and the land shall be, and hereby is
removed from the R1-22 Zoning District, and placed in the R1-13.5 Zoning District on 9.69
acres, and shall be included hereafter in the Planned Unit Development PUD-8-2011-R 1-13.5
and the legal descriptions of land in each district referred to in City Code Section 11.03,
subdivision 1, subparagraph B, shall be and are amended accordingly.
Section 6. City Code Chapter 1 entitled"General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled
"Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated
verbatim herein.
Section 7. This Ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
16th day of August, 2011, 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 6th day of
September, 2011.
ATTEST:
Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on , 2011.
Exhibit A
Legal Description
PRAIRIE RIDGE
The West 417.2 feet of that part of Government Lot 2, Section 5, Township 116, Range 22, lying
South of the East-West Road, except the West 16.5 feet thereof, Hennepin County, MN.
PRAIRIE RIDGE
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF
ORDINANCE NO. 13-2011-PUD-8-2011
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 17555 Duck Lake Trail
from the R1-22 Zoning District to the R1-13.5 Zoning District on 9.69 acres. Exhibit A,
included with this Ordinance, gives the full legal description of this property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on , 2011.
(A full copy of the text of this Ordinance is available from City Clerk.)
EXHIBIT A - Legal description
PRAIRIE RIDGE
The West 417.2 feet of that part of Government Lot 2, Section 5, Township 116, Range 22, lying
South of the East-West Road, except the West 16.5 feet thereof, Hennepin County, MN.
DEVELOPMENT AGREEMENT
PRAIRIE RIDGE
THIS DEVELOPMENT AGREEMENT("Agreement")is entered into as of September 6,
2011, by Manley Development, LLC, a limited liability company, hereinafter referred to as
"Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal
corporation, hereinafter referred to as "City":
WITNESSETH:
WHEREAS,Developer has applied to City for,Planned Unit Development Concept Review
on 9.69 acres, Planned Unit Development District Review with waivers on 9.69 acres, Zoning
District Change from R1-22 to R1-13.5 Zoning District on 9.69 acres, and Preliminary Plat of 9.69
acres into 22 lots and 1 outlot, legally described on Exhibit A(the "Property");
NOW, THEREFORE, in consideration of the City adopting Resolution No. 2011-69 for
Planned Unit Development Concept Review, Ordinance No. for Planned Unit
Development District Review and Zoning District Change from R1-22 to R1-13.5 on 9.69 acres,and
Resolution No. 2011-70 for Preliminary Plat,Developer agrees to construct, develop and maintain
the Property as follows:
1. PLANS: Developer shall develop the Property in conformance with the materials revised
and stamp dated August 4,2011,reviewed and approved by the City Council on August 16,
2011, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and
modifications as provided herein.
2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set
forth in Exhibit C.
3. DEDICATION OF PARK LAND: Prior to release of the final plat for the Property,
Developer shall tender a warranty deed for proposed Outlot A,Prairie Ridge for review and
written approval by the Director of Parks and Recreation Services. After approval by the
City,Developer shall file the warranty deed with the Hennepin County Recorder/Registrar of
Title as appropriate immediately after the recording of the final plat and prior to recording of
any document affecting the property including but not limited to any mortgage granted by the
Developer or owners, their successors and/or assigns.
Prior to the issuance of the first building permit for the Property,Developer shall submit to
the City Engineer proof that the warranty deed has been recorded in the Hennepin County
Recorder's Office/Registrar of Titles' Office.
4. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a
violation of City Code relating to use of the Land construction thereon or failure to fulfill an
obligation imposed upon the Developer pursuant to this Agreement,City shall give 24 hour
notice of such violation in order to allow a cure of such violation, provided however, City
need not issue a building or occupancy permit for construction or occupancy on the Land
while such a violation is continuing,unless waived by City.
The existence of a violation of City Code or 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. 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, Stormwater Infiltration or Filtration
Systems(such as rainwater gardens,vegetated swales, infiltration basins,vegetated
filters, filter strips, curbless parking lot islands, parking lot islands with curb-cuts,
traffic islands, tree box filters, bioretention systems or infiltration trenches) or
Underground Systems(such as media filters,underground sand filters,underground
vaults,sedimentation chambers,underground infiltration systems,pre-manufactured
pipes, modular structures or hydrodynamic separators) shall be maintained by the
Developer and or Owner during construction and for a minimum of two (2) full
growing seasons after completion of the development to ensure that soil compaction,
erosion, clogging, vegetation loss, channelization of flow or accumulation of
sediment are not occurring, and thereafter by the Owner of the Property.A Planting
Plan for the Stormwater Facilities (where appropriate) must be submitted prior to
release of the first building permit for the Development
Developer shall employ the design professional who prepared the final grading plan
to monitor construction of the Stormwater Facilities for conformance to the
Minnesota Pollution Control Agency publication entitled"State of Minnesota Storm
water Manual" dated November 2005, the approved final grading plan and the
requirements listed herein. All inspections of underground systems shall be
performed by personnel that have approved OSHA confined space training.
All Stormwater Infiltration Systems shall be delineated with erosion control fencing
prior to construction. All Stormwater Infiltration Systems shall be installed using
low-impact earth moving equipment. No equipment, vehicles, supplies or other
materials shall be stored or 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. Parking lots and drive lanes that drain to
any Stormwater Facilities shall be swept at least weekly during construction and for
frequently if necessary to minimize sediment accumulation within the facilities.
After the two year period of maintenance,the Owner of the Property shall continue to
be responsible for maintenance of the Stormwater Facilities. This shall include
regular sweeping of private streets , parking lots or drive aisles; debris and litter
removal; removal of noxious and invasive plants; removal of dead and diseased
plants;maintenance of approved vegetation;re-mulching of void areas;replanting or
reseeding areas where dead or diseased plants were removed; and removal of
sediment build-up. Sediment build-up in above-ground Stormwater Infiltration or
Filtration Systems shall be removed by hand. Areas above Underground Systems
shall be kept free of structures that would limit access to the System for maintenance
or replacement.
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.
7. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code
requirements within the R1-13.5 Zoning District through the Planned Unit Development
District Review for the Property and incorporates said waivers as part of PUD (list PUD
number):
• Cul de sac length from 500 to 972 feet.
8. REMOVAL/SEALING OF EXISTING WELL AND SEPTIC SYSTEMS: Prior to
issuance by City of any permit for grading or building on the Property, Developer shall
submit to the Chief Building Official and to obtain the Chief Building Official's written
approval of plans for demolition and removal of existing septic systems and wells on the
Property, and restoration of the Property.
Prior to issuance by City of any permit for grading or building on the Property, Developer
shall complete the demolition and removal of existing septic systems and wells on the
Property and restore the Property.
Prior to such demolition or removal, Developer shall provide to the City a deposit in the
amount of$1,000 to guarantee that Developer completes implementation of the approved
plan. The city shall return to Developer the$1,000 deposit at such time as the Chief Building
Official has verified in writing that the Developer has completed implementation of the
approved plan.
9. 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.
10. TRAIL CONSTRUCTION: Prior to issuance by City of any building permit on the
Property,Developer shall submit to the Director of Parks and Recreation Services and obtain
the Director's written approval of detailed plans for trails to be constructed on the Property.
Prior to release of any portion of the final plat,Developer shall convey to the city easements
for such sidewalks and trails in such locations as determined by the Director of Parks and
Recreation Services. Sidewalks and trails shall be constructed in the following locations:
A. An eight-foot wide bituminous trail to be located within Outlot A and extended to the
existing trail intersection as depicted in the Plans.
After approval by the City, Developer shall file the access easements with the Hennepin
County Recorder/Registrar of Title as appropriate immediately after the recording of the final
plat and prior to recording of any document affecting the property including but not limited
to any mortgage granted by the Developer or owners, their successors and/or assigns.
Prior to the issuance of the first building permit for the Property,Developer shall submit to
the City Engineer proof that the access easements have been recorded in the Hennepin
County Recorder's Office/Registrar of Titles'Office in accordance with the requirements of
this paragraph.
Developer shall complete implementation of the approved plans in accordance with the terms
of Exhibit C prior to issuance of any occupancy permit for the Property. Bonding in
accordance with City Code shall be required for sidewalk construction.
11. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of the final plat for the
Property,an assessment agreement,in the form and substance as attached in Exhibit D,shall
be signed by the owner(s) of the Property with the City for trunk sewer and water
assessments on an assessable area of 9.69 acres in the amount of$ 65,175.00.
12. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the
construction of streets and utilities for the Property, Developer shall submit to the City
Engineer,and obtain the City Engineer's written approval of plans for public streets,sanitary
sewer, water and storm sewer. Plans for public infrastructures shall be of a plan view and
profile on 24 x 36 plan sheets consistent with City standards. Prior to release of the final plat
for the Property,Developer shall furnish to the City Engineer and receive the City Engineer's
written approval of a surety equal to 125%of the cost of said improvements. A permit fee of
five percent of construction value shall be paid to City by Developer. The design engineer
shall provide daily inspection, certify completion in conformance to approved plans and
specifications and provide record drawings.
13. TREE LOSS-TREE REPLACEMENT: There are 3,211 diameter inches of significant
trees on the Property. Tree loss related to development on the Property is calculated at 1,417
diameter inches. Tree replacement required is 901 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 901 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
By By
Its Nancy Tyra-Lukens
Its Mayor
By By
Its Rick Getschow
Its City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ,2011,
by Nancy Tyra-Lukens and Rick Getschow,respectively the Mayor and the City Manager of the City
of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of , 2011,by
, the , of , a
Minnesota , on behalf of the .
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55344
EXHIBIT A
DEVELOPMENT AGREEMENT—PRAIRIE RIDGE
Legal Description before final plat:
The West 417.2 feet of that part of Government Lot 2, Section 5, Township 116, Range 22, lying
South of the East-West Road, except the West 16.5 feet thereof.
Legal Description after final plat:
Lots 1-9 Block 1, Outlot A, Lots 1-12, Block 2, Prairie Ridge
EXHIBIT B
DEVELOPMENT AGREEMENT-PRAIRIE RIDGE
Description, dated August 4, 2011,by Sathre Bergquist, Inc
Location Map, dated August 4, 2011, by Sathre Bergquist, Inc
Alta Survey, dated August 4, 2011, by Sathre Bergquist, Inc
Preliminary Plat, dated August 4, 2011,by Sathre Bergquist, Inc
Final Platl, dated August 4, 2011,by Sathre Bergquist, Inc
Final Plat2, dated August 4, 2011,by Sathre Bergquist, Inc
Title Sheet, dated August 4, 2011,by Sathre Bergquist, Inc
Final Street Plan, dated August 4, 2011,by Sathre Bergquist, Inc
Final Sanitary Sewer and Watermain Plan, dated August 4, 2011, by Sathre Bergquist, Inc
Final Watermain and Storm Sewer Plan, dated August 4, 2011,by Sathre Bergquist, Inc
Final Storm Sewer Plan 1, dated August 4, 2011, by Sathre Bergquist, Inc
Final Storm Sewer Plan 2, dated August 4, 2011, by Sathre Bergquist, Inc
Final Grading and Drainage Plan, dated August 4, 2011, by Sathre Bergquist, Inc
Final Erosion Control and Removals Plan, dated August 4, 2011, by Sathre Bergquist, Inc
Construction Details, dated August 4, 2011, by Sathre Bergquist, Inc
Tree Survey 1, dated August 4, 2011,by Sathre Bergquist, Inc
Tree Survey 2, dated August 4, 2011,by Sathre Bergquist, Inc
Tree Replacement, dated August 4, 2011,by Sathre Bergquist, Inc
EXHIBIT C
DEVELOPMENT AGREEMENT—PRAIRIE RIDGE
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:
INSERT ANY NAME/COMPANY LISTED IN ANY OWNER'S SUPPLEMENT
TO THE DEVELOPER'S AGREEMENT)
With respect to any interest in all portions of the Property which Developer is required,
pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"),
Developer represents and warrants as follows now and at the time of dedication or
conveyance:
A. That Developer has marketable fee title free and clear of all mortgages, liens, and
other encumbrances. Prior to final plat approval,Developer shall provide to the City
a current title insurance policy insuring such a condition of title.
B. That Developer has not used, employed, deposited, stored, disposed of, placed or
otherwise allowed to come in or on the Dedicated Property,any hazardous substance,
hazardous waste, pollutant, or contaminant, including, but not limited to, those
defined in or pursuant to 42 U.S.C. § 9601,et. seq.,or Minn. Stat., Sec. 115B.01,et.
seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as
"Hazardous Substances");
C. That Developer has not allowed any other person to use, employ, deposit, store,
dispose of,place or otherwise have,in or on the Property,any Hazardous Substances.
D. That no previous owner, operator or possessor of the Property deposited, stored,
disposed of, placed or otherwise allowed in or on the Property any hazardous
substances.
Developer agrees to indemnify, defend and hold harmless City, its successors and assigns,
against any and all loss,costs,damage and expense,including reasonable attorneys fees and
costs that the City incurs because of the breach of any of the above representations or
warranties and/or resulting from or due to the release or threatened release of Hazardous
Substances which were, or are claimed or alleged to have been,used, employed, deposited,
stored, disposed of, placed, or otherwise located or allowed to be located, in or on the
Dedicated Property by Developer, its employees, agents, contractors or representatives.
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 '/2 by 6 inch sign or decal reading
"Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of
the post.
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—PRAIRIE RIDGE
AGREEMENT REGARDING SPECIAL ASSESSMENTS
THIS IS AN AGREEMENT MADE THIS day of ,2011,between the City
of Eden Prairie, a municipal corporation, (the "City") and
a Minnesota (the "Owner").
A. The Owner holds legal and equitable title to property described as
, Hennepin County, Minnesota, which property is the
subject of this Agreement and is hereinafter referred to as the "Property".
B. The Owner desires to develop the property in such a manner that relies upon the City's
trunk utility system,including trunk sanitary sewers,trunk watermains,wells,elevated storage facilities
and a water treatment plant(all of which is hereafter referred to as the "Improvement").
C. The parties hereto desire to enter into an Agreement concerning the financing of the
construction of the Improvements all of which will inure to the benefit of the Property.
AGREEMENTS
IT IS HEREBY AGREED as follows:
1. The Owner consents to the levying of assessments against the Property in the amount of
$ 65,175.00 for the Improvements.
2. The City's assessment records for the Property will show the assessments as a"pending
assessment"until levied.
3. The Owner waives notice of any assessment hearing to be held at which hearing or
hearings the assessment is to be considered by the City Council and thereafter approved and levied.
4. The Owner concurs that the benefit to the Property by virtue of the Improvements to be
constructed exceeds the amount of the assessment to be levied against the Property. The Owner waives
all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity
of the assessments, or the procedures used by the City in apportioning the assessments and hereby
releases the City,its officers,agents and employees from any and all liability related to or arising out of
the imposition or levying of the assessments.
5. This Agreement shall be effective immediately.
6. This Agreement may not be terminated or amended except in writing executed by
both parties hereto,provided however upon the levying of the special assessments contemplated by
Paragraph 1 hereof the City may upon request of the owner of the property affected,without the
necessity of further City Council approval,unilaterally prepare and provide to the owner for
recording a document releasing any property so levied from this Agreement.
7. This Agreement constitutes a lien on the Property in the amount of$65,175.00 until
such time as the assessments referred to above are levied.
OWNER CITY OF EDEN PRAIRIE
A Minnesota A Minnesota Municipal Corporation
By: NOT TO BE SIGNED By: NOT TO BE SIGNED
Nancy Tyra-Lukens
Its Mayor
By: NOT TO BE SIGNED
Rick Getschow,
Its City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of , 2011, by
Nancy Tyra-Lukens,the Mayor,and Rick Getschow,the City Manager,of the City of Eden Prairie,a
Minnesota municipal corporation, on behalf of the corporation.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
2011,by the
, a Minnesota , on behalf of the
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55344
OWNERS' SUPPLEMENT TO
DEVELOPMENT AGREEMENT BETWEEN
MANLEY DEVELOPMENT,LLC,A LIMITED LIABILITY COMPANY
AND THE CITY OF EDEN PRAIRIE
THIS AGREEMENT, made and entered into as of September 6, 2011, by and between
Donald A. Rogers Trust, ("Owner"), and the CITY OF EDEN PRAIRIE ("City"):
For, and in consideration of, and to induce City to adopt Resolution No. 2011-69 for Planned Unit
Development Concept Review,Ordinance No. for Planned Unit Development District Review
and Zoning District Change from R1-22 to R1-13.5, and Resolution No. 2011-70 for Preliminary Plat, as
more fully described in that certain Development Agreement entered into as of September 6,2011,by and
between Manley Development, LLC, a limited liability company, and City ("Development Agreement")
pertaining to that certain Property described on Exhibit A hereto, Owner agrees with City as follows:
1. If Manley Development, LLC, a limited liability company, fails to commence
development in accordance with the Development Agreement and fails to obtain
an occupancy permit for all of the improvements referred to in the Development
Agreement within 24 months of the date of this Owners' Supplement, Owner shall
not oppose the City's reconsideration and rescission of Resolution No.2011-69 for
Planned Unit Development Concept Review, Ordinance No. for
Planned Unit Development District Review and Zoning District Change from
R1-22 to R1-13.5, and Resolution No. 2011-70 for Preliminary Plat, identified
above, thus restoring the status of the Property before the Development
Agreement and all approvals listed above were approved.
2. This Agreement and the Development Agreement shall be binding upon and
enforceable against the Property and the Owner, their successors and assigns of
the Property.
3. If Owner transfers this Property, Owner shall obtain an agreement from the
transferee requiring that such transferee agree to all of the terms, conditions and
obligations of"Developer" in the Development Agreement. Neither the Owner or
transferee are required to develop the property in accordance with this Agreement,
so long as Owner or transferee obtain such approvals as are required by City Code
to develop the Property in a manner other than as set forth in this Agreement.
IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to
be executed as of the day and year aforesaid.
OWNERS CITY OF EDEN PRAIRIE
By By
Its Nancy Tyra- Lukens
Its Mayor
By By
Its Rick Getschow
Its City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
, 2011, by Nancy Tyra-Lukens and Rick Getschow, respectively the Mayor
and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of
said corporation.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
, 2011, by , the of
, a Minnesota , on behalf of the
corporation.
Notary Public
EXHIBIT A
OWNERS SUPPLEMENT
Legal Description before final plat:
The West 417.2 feet of that part of Government Lot 2, Section 5, Township 116, Range 22, lying
South of the East-West Road, except the West 16.5 feet thereof
Legal Description after final plat:
Lots 1-9 Block 1, Outlot A, Lots 1-12, Block 2, Prairie Ridge
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar September 6, 2011
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.E.
Randy Newton I.C. 11-5799 and 11-5800
Public Works/Engineering Approve Professional Services
Agreement with SRF Consulting Group
for Preliminary Design Services for the
Shady Oak Road Improvements
Requested Action
Move to: Approve Professional Services Agreement with SRF Consulting Group, Inc. for
Preliminary Design Services for the Shady Oak Road Improvements.
Synopsis
This Professional Services Agreement will provide initial design services for improvements to
Shady Oak Road between and including the Highway 62 and Highway 212 interchanges. The
intention of this agreement is to enable design work on the project to commence. Once the work
scopes for both the north and south segments of the improvements can be fully defined
Professional Services Agreements for the remainder of the design will be developed and brought
to the City Council for approval. The improvements were identified in the UnitedHealth Group
(UHG) Traffic Study and some of the improvements are planned to be provided concurrent with
UHG's first phase of development. In order to provide the best opportunity to meet this
aggressive schedule it is important that design work begin immediately.
Background Information
As part of the proposed UnitedHealth Group (UHG) development project an updated traffic
study was completed. This traffic study identified a number of transportation improvements
along the Shady Oak Road corridor. At this time the improvements have been split into two
segments, the North Shady Oak Road Improvements and the South Oak Road Improvements.
The North Shady Road Improvements include the widening and reconstruction of Shady Oak
Road from south of the City West Parkway north intersection to north of the Highway 62 North
Ramp intersection. Also included in this segment are improvements to West 62nd Street and City
West Parkway adjacent to the UHG site. It is anticipated that UHG will be fully responsible for
the cost of implementing these improvements and that this requirement will be formalized with
the approval of the UHG Developer's Agreement. We have jointly agreed with UHG that it
would be preferable to have construction of these improvements complete prior to occupancy of
the first building on site, which is scheduled to open in the fall of 2013. This is a very aggressive
schedule which will be challenging to meet. In order to provide the best opportunity to meet this
schedule design work should begin immediately.
The South Shady Road Improvements include the widening and reconstruction of Shady Oak
Road from south of the City West Parkway north intersection through the Highway 212
interchange including reconstruction of the Highway 212 bridge. The cost of this improvement
will be considerable and the biggest challenge in ultimately delivering this project will be
identifying and securing the funding for the project. Per our current discussions with UHG it is
expected that they will have a significant contribution to this improvement and that this
contribution will be formalized with the approval of the UHG Developer's Agreement.
Although UHG's contribution will be significant it is expected to be less than 25% of the total
cost of the improvement. Our initial goal for the project is to be in a position to deliver the
project in close proximity to the full build out of the UHG site which is scheduled to occur by
late 2016. In order to be in the best position to secure the additional funding necessary to deliver
the project it is important that we begin advancing the design of the project now.
Financial Implications
The Professional Services Agreement with SRF has an estimated cost of$75,000. The intention
of this contract is to allow design work on the project to commence and future agreements will
be forthcoming. It is currently estimated that the total cost of the final design of the North Shady
Oak Road improvements will be in the range of$600,000 to $750,000. As noted above it is
anticipated that UHG will be fully responsible for these costs. It is currently estimated that the
total cost of the preliminary design of the South Shady Oak Road improvements will be in the
range of$150,000 to $300,000. Although the actual funding for the South Shady oak Road
project is unknown we propose to use State Aid funding to advance the design of this work.
UHG has provided a$50,000 escrow check to cover the cost of the work that will be completed
in advance of an approved Developer's Agreement for the property.
Attachments
• Professional Services Agreement
Rev. 8-11-2011
Standard Agreement for Professional Services
This Agreement is made on the 6th day of Septamhar , 2011 , between the City of
Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden
Prairie, MN 55344, and SRF Consulti.nq Grp,Inca Minnesota Corporation (hereinafter
"Consultant") whose business address is One Carl son Pkwy_ , #15C Plymouth, MN _
55447
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of
professional services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this Agreement is
to set forth the terms and conditions for the provision of professional services by Consultant for
Shady Oak Road Design Services hereinafter referred to as the "Work".
The City and Consultant agree as follows:
1. Scope of Work/Proposal. The Consultant agrees to provide the professional services shown
in Exhibit "A" ( letter dated 08/26/2011 ) in connection with the Work. The terms of this
standard agreement shall take precedence over any provisions of the Consultants proposal
and/or general conditions.
2. Term. The term of this Agreement shall be from 09/06/2011 through 12/31/2011
the date of signature by the parties notwithstanding. This Agreement may be extended upon
the written mutual consent of the parties for such additional period as they deem appropriate,
and upon the terms and conditions as herein stated.
3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus
expenses in a total amount not to exceed $ 75,000.00 for the services as described in
Exhibit A.
A. Any changes in the scope of the work which may result in an increase to the
compensation due the Consultant shall require prior written approval by an authorized
representative of the City or by the City Council. The City will not pay additional
compensation for services that do not have prior written authorization.
B. Special Consultants may be utilized by the Consultant when required by the complex
or specialized nature of the Project and when authorized in writing by the City.
C. If Consultant is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for
performance shall be extended by a period of time lost by reason of the delay.
Consultant will be entitled to payment for its reasonable additional charges, if any, due
to the delay.
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Rev. 8-11-2011
4. City Information. The City agrees to provide the Consultant with the complete information
concerning the Scope of the Work and to perform the following services:
A. Access to the Area. Depending on the nature of the Work, Consultant may from time
to time require access to public and private lands or property. As may be necessary,
the City shall obtain access to and make all provisions for the Consultant to enter upon
public and private lands or property as required for the Consultant to perform such
services necessary to complete the Work.
B. Consideration of the Consultant's Work. The City shall give thorough consideration to
all reports, sketches, estimates, drawings, and other documents presented by the
Consultant, and shall inform the Consultant of all decisions required of City within a
reasonable time so as not to delay the work of the Consultant.
C. Standards. The City shall furnish the Consultant with a copy of any standard or
criteria, including but not limited to, design and construction standards that may be
required in the preparation of the Work for the Project.
D. Owner's Representative. A person shall be appointed to act as the City's
representative with respect to the work to be performed under this Agreement. He or
she shall have complete authority to transmit instructions, receive information,
interpret, and define the City's policy and decisions with respect to the services
provided or materials, equipment, elements and systems pertinent to the work covered
by this Agreement.
5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an
itemized invoice for professional services performed under this Agreement. Invoices
submitted shall be paid in the same manner as other claims made to the City for:
A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall
indicate for each employee, his or her name, job title, the number of hours worked,
rate of pay for each employee, a computation of amounts due for each employee, and
the total amount due for each project task. Consultant shall verify all statements
submitted for payment in compliance with Minnesota Statutes Sections 471.38 and
471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall
provide an itemized listing and such documentation as reasonably required by the City_
Each invoice shall contain the City's project number and a progress summary showing
the original (or amended) amount of the contract, current billing, past payments and
unexpended balance of the contract.
B. Suspended Work. If any work performed by the Consultant is suspended in whole or
in part by the City, the Consultant shall be paid for any services performed prior to
receipt of written notice from the City of such suspension, all as shown on Exhibit A.
C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of
special consultants, as described in Section 3B, and for other items when authorized in
writing by the City.
D. Claims. To receive any payment on this Agreement, the invoice or bill must include
the following signed and dated statement: "I declare under penalty of perjury that this
account, claim, or demand is just and correct and that no part of it has been paid."
6. Project Manager and Staffing. The Consultant has designated Matthew Hansen and
Pat Corkl a to serve on the Project. They shall be assisted by other staff
members as necessary to facilitate the completion of the Work in accordance with the terms
2
Rev. 8-11-2011
established herein. Consultant may not remove or replace these designated staff from the
Project without the approval of the City.
7. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance
with the standard of care in Hennepin County, Minnesota for professional services of the like
kind.
8. Audit Disclosure. Any reports, information, data, etc. given to, or prepared or assembled by
the Consultant under this Agreement which the City requests to be kept confidential, shall not
be made available to any individual or organization without the City's prior written approval.
The books, records, documents and accounting procedures and practices of the Consultant or
other parties relevant to this Agreement are subject to examination by the City and either the
Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of
this Contract. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the
Minnesota Government Data Practices Act, to the extent the Act is applicable to data and
documents in the possession of the Consultant.
9. Termination. This Agreement may be terminated by either party by seven (7) days written
notice delivered to the other party at the address written above. Upon termination under this
provision, if there is no fault of the Consultant, the Consultant shall be paid for services
rendered and reimbursable expenses until the effective date of termination. If however, the
City terminates the Agreement because the Consultant has failed to perform in accordance
with this Agreement, no further payment shall be made to the Consultant, and the City may
retain another consultant to undertake or complete the work identified in Paragraph 1.
10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under
this Agreement except as noted in the Scope of Work, without the express written consent of
the City. The Consultant shall pay any subcontractor involved in the performance of this
Agreement within the ten (10) days of the Consultant's receipt of payment by the City for
undisputed services provided by the subcontractor. If the Consultant fails within that time to
pay the subcontractor any undisputed amount for which the Consultant has received payment
by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the
rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty
payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than
$100, the Consultant shall pay the actual interest penalty due to the subcontractor. A
subcontractor who prevails in a civil action to collect interest penalties from the Consultant
shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing
the action.
11. Independent Consultant. At all times and for all purposes herein, the Consultant is an
independent contractor and not an employee of the City. No statement herein shall be
construed so as to find the Consultant an employee of the City.
12. Non-Discrimination. During the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation or age. The Consultant shall post in places available to
employees and applicants for employment, notices setting forth the provision of this non-
discrimination clause and stating that all qualified applicants will receive consideration for
employment. The Consultant shall incorporate the foregoing requirements of this paragraph
in all of its subcontracts for program work, and will require all of its subcontractors for such
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Rev. 8-11-2011
work to incorporate such requirements in all subcontracts for program work. The Consultant
further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota
Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with
Disabilities Act of 1990.
13. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
14. Services Not Provided For. No claim for services furnished by the Consultant not
specifically provided for herein shall be honored by the City.
15. Severability. The provisions of this Agreement are severable. If any portion hereof is, for
any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall
not affect the remaining provisions of this Agreement.
16. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement
supersedes all oral agreements and negotiations between the parties relating to the subject
matter hereof as well as any previous agreements presently in effect between the parties
relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of
the provisions of this Agreement shall be valid only when expressed in writing and duly signed
by the parties, unless otherwise provided herein.
17. Compliance with Laws and Regulations. In providing services hereunder, the Consultant
shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of
services to be provided. The Consultant and City, together with their respective agents and
employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota
Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13.
Any violation of statutes, ordinances, rules and regulations pertaining to the services to be
provided shall constitute a material breach of this Agreement and entitle the City to
immediately terminate this Agreement.
18. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not
affect, in any respect, the validity of the remainder of this Agreement.
19. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and
employees harmless from any liability, claims, damages, costs, judgments, or expenses,
including reasonable attomey's fees, to the extent attributable to a negligent or otherwise
wrongful act or omission (including without limitation professional errors or omissions) of the
Consultant, its agents, employees, or subcontractors in the performance of the services
provided by this Agreement and against all losses by reason of the failure of said Consultant
fully to perform, in any respect, all obligations under this Agreement. Consultant further
agrees to indemnity the City for defense costs incurred in defending any claims, unless the
City is determined to be at fault.
20. Insurance.
A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and
pay for such insurance as will protect against claims for bodily injury or death, or for
damage to property, including loss of use, which may arise out of operations by
Consultant or by any subcontractor or by anyone employed by any of them or by
anyone for whose acts any of them may be liable. Such insurance shall include, but
4
Rev. 8-11-2011
not be limited to, minimum coverages and limits of liability specified in this Paragraph,
or required by law. The policy(ies) shall name the City as an additional insured for the
services provided under this Agreement and shall provide that the Consultant's
coverage shall be primary and noncontributory in the event of a loss.
B. Consultant shall procure and maintain the following minimum insurance coverages and
limits of liability on this Project:
Worker's Compensation Statutory Limits
Employer's Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Comprehensive General
Liability $1,500,000 property damage and bodily injury per
occurrence
$2,000,000 general aggregate
$2,000,000 Products—Completed Operations
Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit each accident (shall
include coverage for all owned, hired and non-owed
vehicles.
Umbrella or Excess Liability $1,000,000
C. The Comprehensive General/Commercial General Liability policy(ies) shall be
equivalent in coverage to ISO form CG 0001, and shall include the following:
a. Premises and Operations coverage with no explosions, collapse, or underground
damage exclusion (XCU).
b. Products and Completed Operations coverage. Consultant agrees to maintain
this coverage for a minimum of two (2) years following completion of its work.
Said coverage shall apply to bodily injury and property damage arising out of
the products-completed operations hazard.
c. Personal injury with Employment Exclusion (if any) deleted.
d. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent.
e. Broad Form Property Damage coverage, including completed operations, or its
equivalent.
f. Additional Insured Endorsement(s), naming the "City of Eden Prairie" as an
Additional Insured, on ISO form CG 20 10 07 04 or such other endorsement
form as is approved by the City.
g. If the Work to be performed is on an attached community, there shall be no
exclusion for attached or condominium projects.
5
Rev. 8-11-2011
h. "Stop gap" coverage for work in those states where Workers' Compensation
insurance is provided through a state fund if Employer's liability coverage is not
available.
i. Severability of Insureds provision.
D. Professional Liability Insurance. The Consultant agrees to provide to the City a
certificate evidencing that they have in effect, with an insurance company in good
standing and authorized to do business in Minnesota, a professional liability insurance
policy. Said policy shall insure payment of damage for legal liability arising out of the
performance of professional services for the City. Said policy shall provide an
aggregate limit of$2,000,000. Said policy shall not name the City as an insured.
Consultant's aggregate liability for claims relating to its professional services will not
exceed the professional liability limit required under this Agreement
E. Consultant shall maintain in effect all insurance coverages required under this
Paragraph at Consultant's sole expense and with insurance companies licensed to do
business in the state in Minnesota and having a current A.M. Best rating of no less
than A-, unless specifically accepted by City in writing. In addition to the requirements
stated above, the following applies to the insurance policies required under this
Paragraph:
a. All policies, except the Professional Liability Insurance policy, shall be written
on an "occurrence" form ("claims made" and "modified occurrence" forms are
not acceptable);
b. All policies, except the Professional Liability Insurance policy, shall be apply on
a "per project" basis;
c. All policies, except the Professional Liability Insurance and Worker's
Compensation Policies, shall contain a waiver of subrogation naming "the City
of Eden Prairie";
d. All policies, except the Professional Liability Insurance and Worker's
Compensation Policies, shall name "the City of Eden Prairie" as an additional
insured;
e. All policies, except the Professional Liability Insurance and Worker's
Compensation Policies, shall insure the defense and indemnity obligations
assumed by Consultant under this Agreement; and
f. All polices shall contain a provision that coverages afforded there under shall
not be canceled or non-renewed, nor shall coverage limits be reduced by
endorsement, without thirty (30) days prior written notice to the City.
A copy of the Consultant's Certificate of Insurance which evidences the
compliance with this Paragraph 20, must be filed with City prior to the start of
Consultant's Work. Upon request a copy of the Consultant's insurance declaration
page, Rider and/or Endorsement, as applicable shall be provided. Such documents
evidencing Insurance shall be in a form acceptable to City and shall provide
satisfactory evidence that Consultant has complied with all insurance requirements.
Renewal certificates shall be provided to City prior to the expiration date of any of the
required policies. City will not be obligated, however, to review such Certificate of
Insurance, declaration page, Rider, Endorsement or certificates or other evidence of
insurance, or to advise Consultant of any deficiencies in such documents and receipt
6
Rev. 8-11-2011
thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to
enforce the terms of Consultant's obligations hereunder. City reserves the right to
examine any policy provided for under this paragraph.
F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the
specified insurance, then Consultant will defend, indemnify and hold harmless the City,
the City's officials, agents and employees from any loss, claim, liability and expense
(including reasonable attorney's fees and expenses of litigation) to the extent necessary
to afford the same protection as would have been provided by the specified insurance.
Except to the extent prohibited by law, this indemnity applies regardless of any strict
liability or negligence attributable to the City (including sole negligence) and regardless of
the extent to which the underlying occurrence (i.e., the event giving rise to a claim which
would have been covered by the specified insurance) is attributable to the negligent or
otherwise wrongful act or omission (including breach of contract) of Consultant, its
subcontractors, agents, employees or delegates. Consultant agrees that this indemnity
shall be construed and applied in favor of indemnification. Consultant also agrees that if
applicable law limits or precludes any aspect of this indemnity, then the indemnity will be
considered limited only to the extent necessary to comply with that applicable law. The
stated indemnity continues until all applicable statutes of limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require Consultant
to:
a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
b. Furnish a written acceptance of tender of defense and indemnity from
Consultant's insurance company.
Consultant will take the action required by the City within fifteen (15) days of receiving
notice from the City.
21. Ownership of Documents. All plans, diagrams, analyses, reports and information generated
in connection with the performance of the Agreement ("Information") shall become the
property of the City, but Consultant may retain copies of such documents as records of the
services provided. The City may use the Information for its purposes and the Consultant also
may use the Information for its purposes. Use of the Information for the purposes of the
project contemplated by this Agreement ("Project") does not relieve any liability on the part of
the Consultant, but any use of the Information by the City or the Consultant beyond the scope
of the Project is without liability to the other, and the party using the Information agrees to
defend and indemnify the other from any claims or liability resulting therefrom.
22. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related to
this Service Agreement or the relationships which result from this Agreement shall be subject
to mediation as a condition precedent to initiating arbitration or legal or equitable actions by
either party. Unless the parties agree otherwise, the mediation shall be in accordance with the
Commercial Mediation Procedures of the American Arbitration Association then currently in
effect. A request for mediation shall be filed in writing with the American Arbitration
Association and the other party. No arbitration or legal or equitable action may be instituted
for a period of 90 days from the filing of the request for mediation unless a longer period of
time is provided by agreement of the parties. Cost of mediation shall be shared equally
between the parties. Mediation shall be held in the City of Eden Prairie unless another
location is mutually agreed upon by the parties. The parties shall memorialize any agreement
7
Rev. 8-11-2011
resulting from the mediation in a Mediated Settlement Agreement, which Agreement shall be
enforceable as a settlement in any court having jurisdiction thereof.
23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
24. Conflicts. No salaried officer or employee of the City and no member of the Board of the City
shall have a financial interest, direct or indirect, in this Contract. The violation of this provision
renders the Contract void. Any federal regulations and applicable state statutes shall not be
violated.
25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall
be considered an original.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Mayor
City Manager
FIRM NAME: SRF CONSULTING GROUP, INC.
By:
Matthew D. Hansen
Its: Principal
8
EXHIBIT A
41 04ENGINEER S
PLANNER S
DESIGNER S
Consulting Group,inc.
August 26, 2011.
Mr. Randy Newton, PE, PTOE
Assistant City Engineer/Traffic Engineer
CITY OF EDEN PRAIRIE
8080 Mitchell Road
Eden Prairie, MN 55344
SUBJECT: PROPOSAL FOR PROFESSIONAL SERVICES FOR SHADY OAK ROAD
(H.ENNEPIN COUNTY CSAH 61)PRELIMINARY AND FINAL.DESIGN
Dear Mr.Newton:
Based on your request, we are pleased to submit this proposal to provide professional services for the
planning and design of improvements to Shady Oak Road and adjacent facilities near the proposed United
Health Group (UHG) site development. The proposed development of the UHG site will impact public
infrastructure facilities under the jurisdiction of the Cities of Eden Prairie and Minnetonka, as well as
Hennepin County and MnDOT. SRF will meet with representatives from all of these agencies to develop
a comprehensive scope of work to complete the preliminary and final design of the infrastructure
improvements. In addition, SRF will collaborate with UHG and their site design team to gain valuable
insight on the site conditions and constraints as well as develop a clear understanding of their site
development expectations.
SCOPE OF WORK
As we've discussed, our scope of work will be split into two separate contracts. One contract will include
the tasks necessary for the preliminary and final design of the roadway and utility improvements
immediately adjacent to the UHG site. This area includes parts of Shady Oak Road, West 62" Street,
City West Parkway and ramps at the TH 62/Shady Oak Road interchange. This area is generally defined
as Area A in the attached exhibit.
The second contract will include the tasks necessary for the preliminary design of roadway and utility
improvements south of the UHG site. This area includes parts of Shady Oak Road, City West Parkway,
Bryant Lake Drive, Flying Cloud Drive and ramps at the TH 212/Shady Oak Road interchange. This area
is generally defined as Area B in the attached exhibit.
The tasks included in each contract have not yet been defined, but will likely include some or all of the
following:
• Project Management/Quality Control
• Traffic Modeling
• Base Map preparation
• Utility coordination
• Topographic field surveying
www.srfconsulting.com
One Carlson Parkway North,Suite 150 1 Minneapolis,MN 55447-4443 j 763.475.0010 Fax:763.475.2429
An Equal Opportunity Employer
Mr. Randy Newton, PE, PTOE -2 - August 26,2011
City of Eden Prairie
• Public Involvement meetings
• Geotechnical coordination
• Environmental documentation
• Right of Way acquisition coordination, including preparation of legal descriptions and exhibits
• Preliminary and Final Design of roadway, storm sewer,water, sanitary sewer,traffic signals,
lighting, structures, ponding, traffic control, and construction staging
• Agency Coordination and Permitting
• Preparation of final bid-ready construction plans, specifications and engineer's construction cost
estimate.
Once SRF's scope and level of effort have been defined for Area A and Area B, we will submit two (2)
proposals to the City for approval.
Due to the extremely challenging project schedule, we understand that it is the City's intent to initiate a
design contract to start the process and begin meaningful coordination with UHG, the Cities, Hennepin
County and MnDOT. Because of the multi-agency coordination and the to—be—determined design
parameters, it would be unreasonable to try to define a comprehensive scope of work without taking an
initial step into the design process.
ASSUMPTIONS
We assume the UHG development will move forward according to the PUD application site plans
currently being reviewed by the City.
SCHEDULE
We will begin work upon your authorization and proceed with our initial tasks. We will provide the
City with two (2) proposals for comprehensive scopes of work as described above for your review by
September 30, 2011. We understand the goal of completing construction of improvements to Area A by
Fall 2013.
BASIS OF PAYMENT/BUDGET
We propose to be reimbursed for our services on an hourly basis for the actual time expended. Other
direct project expenses such as printing, supplies, reproduction, etc. will be billed at cost, and mileage
will be billed at the current allowable IRS rate for business miles. Invoices are submitted on a monthly
basis for work performed during the previous month. Separate invoices will be prepared for Area A and
Area B. Payment is due within 30 days.
Based on our project understanding and our experience with similar projects, we estimate the range of
values of our future design contracts as follows:
Area A, Preliminary and Final Design $600,000 to $ 750,000
Area B, Preliminary Design $150,000 to $ 300,000
Total $750,000 to $1,050,000
In order to proceed with our initial preliminary design work, we request authorization for $50,000 for
Area A and $25,000 for Area B for a total of$75,000, which includes both time and expenses. We will
not exceed this budget without City approval.
Mr. Randy Newton, PE, PTOE - 3 - August 26, 201 I
City of Eden Prairie
CHANGES IN THE SCOPE OF SERVICES
It is understood that if the scope or extent of work changes, the cost will be adjusted accordingly.
Before any out-of-scope work is initiated, however, we will submit a budget request for the new work and
will not begin work until we receive authorization from you.
NOTICE TO PROCEED
A signed Professional Services Agreement with a copy of this proposal or a separate letter of
authorization, either mailed or mailed to our office,will serve as our notice to proceed.
We sincerely appreciate your consideration of this proposal and look forward to working with you on this
important project. Please feel free to contact us if you have any questions or need additional information.
Sincerely,
SRF CONSULTING GROUP,INC.
Matthew D. Hansen,PE(MN ID),LS (MN IA)
Principal
ames R. Dvorak, PE(MN MI)
Vice President
MDH/.IRD/bls
Attachment(s): Exhibit A, Project Area
This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost estimate
after 90 days from the date of this proposal.
SRF No. P11552
SRF.Vo131SiMarketing1Proposals12011LetterProposals1P11552_CP_ShadyOakRdPreFinalDesign_082611 JD
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City of Eden Prairie
I
P115521082311
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar September 6, 2011
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 06-5671 ITEM NO.: VIII.F.
Mary Krause Award Contract to Klein Underground LLC
Public Works/Engineering for the Debbie Lane and Ellie Lane Draintile
project
Requested Action
Move to: Award Contract for the Debbie Lane and Ellie Lane Draintile project to Klein
Underground LLC in the amount of$83,202.50.
Synopsis
Quotes were received on Monday, August 29, 2011, for the Debbie Lane and Ellie Lane
Draintile project. Three quotes were received and are tabulated as follows:
Klein Underground LLC $83,202.50
Bollig & Sons, Inc. $88,402.42
Minger Construction, Inc. $88,506.80
Background Information
This project consists of the installation of a draintile system within the boulevard area behind the
existing street curb lines and is a result of a combination of the I & I(Inflow& Infiltration)
project as well as ongoing drainage issues in specific neighborhoods. This neighborhood has
been determined to be a priority in regards to sump pump discharge issues. This project is
expected to serve as a pilot project with the potential to expand this type of project to other areas
of the city in the future.
The low quote for the project of$83,202.50 is slightly below the Engineer's Estimate for the
project of$85,231.50.
Financial Implications
Funding for this project will be through the Utility Wastewater Fund and Storm Water
Management Fund.
Attachment
Quote Summary
Debbie Lane and Ellie Lane Draintile Project
City of Eden Prairie I.C. #06-5671
Bollig& Sons,Inc. Mien Underground, Minger Construction,
LLC Inc
EST. UNIT UNIT UNIT
NO. DESCRIPTION QTY. UNIT PRICE TOTAL PRICE TOTAL PRICE TOTAL
1 Mobilization 1 Lump Sum $500.00 $500.00 $2,500.00 $2,500.00 $450.00 $450.00
2 Traffic Control 1 Lump Sum $200.00 $200.00 $2,000.00 $2,000.00 $850.00 $850.00
3 6"Drainpipe- SDR 35 PVC SWR Pipe perforated 1904 Lin.Ft. $27.37 $52,112.48 $15.50 $29,512.00 $18.10 $34,462.40
4 4"draintile(nonperforated)SDR 26 PVC 190 Lin.Ft. $21.33 $4,052.70 $12.00 $2,280.00 $15.40 $2,926.00
5 NDS 12"x 12"Drainbox 1200 with grate 19 Each $149.33 $2,837.27 $220.00 $4,180.00 $210.00 $3,990.00
6 Filter Aggregate-MNDOT 3149.2H 210 Ton $28.00 $5,880.00 $49.00 $10,290.00 $32.85 $6,898.50
7 6" Clean-out with plug 12 Each $104.00 $1,248.00 $160.00 $1,920.00 $205.00 $2,460.00
8 Connect to existing catch basin 8 Each $450.00 $3,600.00 $475.00 $3,800.00 $610.00 $4,880.00
9 Connect to existing draintile 1 Each $400.00 $400.00 $200.00 $200.00 $165.00 $165.00
10 Remove Bituminous Pavement&Driveway 200 Sq.Yd. $15.33 $3,066.00 $11.00 $2,200.00 $17.70 $3,540.00
11 Remove Concrete Sidewalk&Driveway 17 Sq.Yd. $8.50 $144.50 $13.50 $229.50 $17.70 $300.90
12 Remove Concrete Curb&Gutter 20 Lin.Ft. $4.00 $80.00 $10.00 $200.00 $17.70 $354.00
13 Bituminous Pavement&Driveway Replacement 200 Sq.Yd. $24.00 $4,800.00 $45.00 $9,000.00 $46.60 $9,320.00
14 Concrete Sidewalk&Driveway Replacement 17 Sq.Yd. $79.41 $1,349.97 $58.00 $986.00 $96.00 $1,632.00
15 Mountable concrete curb&gutter 20 Lin.Ft. $40.00 $800.00 $45.00 $900.00 $56.50 $1,130.00
16 Cl. 5 Aggregate Base(100%crushed quarry rock) 60 Tons $20.70 $1,242.00 $33.00 $1,980.00 $36.55 $2,193.00
17 Irrigation system repair 3 Lot $235.00 $705.00 $400.00 $1,200.00 $850.00 $2,550.00
18 Pet containment system repair 1 Lot $75.00 $75.00 $150.00 $150.00 $280.00 $280.00
19 Premium Topsoil borrow 120 Cu.Yd. $17.50 $2,100.00 $27.00 $3,240.00 $32.00 $3,840.00
20 Hydroseed 1070 Sq.Yd. $1.35 $1,444.50 $4.00 $4,280.00 $3.50 $3,745.00
21 Street Sweeping 5 Hour $129.00 $645.00 $95.00 $475.00 $160.00 $800.00
22 Curb inlet protection 8 Each $100.00 $800.00 $210.00 $1,680.00 $105.00 $840.00
23 Biorolls 200 Lin.Ft. $1.60 $320.00 $5.00 $1,000.00 $4.50 $900.00
TOTAL BASE BID $88,402.42 $83,202.50 $88,506.80
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda September 6, 2011
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 09-5755 ITEM NO.: VIII.G.
Leslie Stovring Award Contract for the Neill Lake Berm
Public Works/Environmental Stabilization Project
Services
Requested Action
Move to: Award contract for the Neill Lake Berm Stabilization Project to Cobalt Construction
in the amount of$238,700.
Synopsis
Bids were received on Thursday, August 25, 2011 for the Neill Lake Stabilization Project. Two
bids were received and evaluated. Attachment 1 includes a bid table itemizing the project bids.
Cobalt Construction was the low bidder at an amount of$238,700. Costs for the project will be
paid out of the stormwater utility fund.
Background Information
Neill Lake is a downstream receiving water from Eden Lake. In 1974 a storm drain system,
which includes an earthen berm along the southern edge of the open water portion of Neill Lake,
was constructed. The structure of the berm has been compromised by stormwater inflows,
vegetation growth and animal burrowing. This construction will stabilize and reinforce the
berm. The costs will be paid out of the stormwater utility fund.
Two (2) bids were received. The low bid for the project was from Cobalt Construction with a
bid of $238,700 which is 6% below the engineer's estimated cost for the project of $254,663.
Staff recommends award of the contract to Cobalt Construction.
Attachment
Recommendation of Award and Bid Summary
E NGINEERS
PLANNERS
DESIGNERS SRF No. 0116877.02
Consulting Group,Inc.
August 30', 2011
Honorable Mayor and City Council
CITY OF EDEN PRAIRIE
8080 Mitchell Road
Eden Prairie, MN 55344
Dear Mayor and Members of the Council:
SUBJECT: NEILL LAKE BERM IMPROVEMENTS
• CITY OF EDEN PRAIRIE IMPROVEMENT CONTRACT No.09-5755
Sealed bids were received for the referenced project on Thursday,August 25 at Eden Prairie City
Hall. A total of two (2) bids were received. All bids have been reviewed and checked and are
tabulated in the enclosed bid abstract. The bid abstract shows how the bids received compared
with the Engineer's Estimate of $254,663.00 for the work. In addition, the bidder's
qualifications for this type of project have been reviewed.
The lowest bidder is Cobalt Contracting, Inc. of Coon Rapids, with a bid in the amount of
$238,700.00. The bid is below the Engineer's Estimate. While Cobalt Contracting has only
been in business for two years, the superintendent the company has proposed for the project has
over 15 years of experience in that position. A project engineer for one of Cobalt Contracting's
recent excavation and grading projects also indicated she was pleased with the company's
performance.
After reviewing the bid packets, we recommend awarding the contract to the lowest bidder,
Cobalt Contracting, Inc., in the amount of $238,700.00. We also recommend that the
superintendent must be present on site at all times during active construction.
Sincerely,
SRF CONSULTING GROUP,INC.
T
Ryan T. Jones,P.E. •
Associate
Enclosures
cc: Leslie Stovring, City of Eden Prairie
H.:IProjects16877_021WRIDOCILetter of Bid Award.doc
www.srfconsulting.com
One Carlson Parkway North,Suite 150 I Minneapolis,MN 55447-4443 1763.475.0010 Fax:763.475.2429
An Equal Opportunity Employer
Neill Lake Berm Repairs SRF#6877.02
ABSTRACT OF BIDS 25-Aug_1 1
City of Eden Prairie I.C.09-5755
ENGINEER'S ESTIMATE FRATTALONE COMPANIES,INC. COBALT CONTRACTING
ITEM NUMBER ITEM DESCRIPTION UNITS QUANTITY UNIT PRICE COST UNIT PRICE COST UNIT PRICE COST
2021.501 MOBILIZATION LS 1 $ 12,008.00 $ 12,500.00 $ 12,500.00 $ 769.00 $ 769.00
TEMPORARY TRAFFIC CONTROL LS 1 $ 2,000.00 $ 2,000.00 $ 800.00 $ 800.00 $ 500.00 $ 500.00
2101.501 CLEARING ACRE 1 $ 2,500.00 $ 2,500.00 $ 4,000.00 $ 4,000.00 $ 3,000.00 $ 3,000.00
2101.506 GRUBBING ACRE 1 $ 1,800.00 $ 1,800.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 3,000.00
2104.505 REMOVE BITUMINOUS PAVEMENT SY 350 $ 3.00 $ 1,050.00 $ 1.50 $ 525.00 $ 3.00 $ 1,050.00
2105.501 COMMON EXCAVATION CY 2660 $ 7.00 $ 18,620.00 $ 8.00 $ 21,280.00 $ 4.30 $ 11,438.00
2105.522 SELECT GRANULAR BORROW CY 450 $ 25.00 $ 11,250.00 $ 14.00 $ 6,300.00 $ 30.00 $ 13,500.00
SUITABLE EMBANKMENT CY 6415 $ 20.00 $ 128,300.00 $ 18.00 $ 115,470.00 $ 18.00 $ 115,470.00
2105.601 CONSTRUCT TEMPORARY ACCESS LS 1 $ 3,000.00 $ 3,000.00 $ 99,350.00 $ 99,350.00 $ 15,800.00 $ 15,800.00
2105.601 TEMPORARY NEILL LAKE DRAWDOWN LS 1 $ 5,000.00 $ 5,000.00 $ 28,000.00 $ 28,000.00 $ 5,000.00 $ 5,000.00
2105.602 INSTALL SETTLEMENT PLATE EACH 7 $ 400.00 $ 2,800.00 $ 500.00 $ 3,500.00 $ 300.00 $ 2,100.00
2105.604 GEOTEXTILE FABRIC,TYPE VI SY 1350 $ 4.00 $ 5,400.00 $ 11.00 $ 14,850.00 $ 3.14 $ 4,239.00
2123.610 STREET SWEEPING(WITH PICKUP BROOM) HOUR 45 $ 150.00 $ 6,750.00 $ 140.00 $ 6,300.00 $ 155.00 $ 6,975.00
2211.505 AGGREGATE BASE(CV),CLASS V CY 80 $ 20.00 $ 1,600.00 $ 36.00 $ 2,880.00 $ 41.00 $ 3,280.00
2360.503 BITUMINOUS TRAIL,2-1/2"THICK SY 350 $ 25.00 $ 8,750.00 $ 15.60 $ 5,460.00 $ 21.00 $ 7,350.00
2501.511 24"CS PIPE CULVERT LF 35 $ 35.00 $ 1,225.00 $ 45.00 $ 1,575.00 $ 60.00 $ 2,100.00
2571.501 DECIDUOUS TREE(B&B) TREE 18 $ 250.00 $ 4,500.00 $ 290.00 $ 5,220.00 $ 290.00 $ 5,220.00
2571.505 DECIDUOUS SHRUB(B&B) SHRUB 10 $ 100.00 $ 1,000.00 $ 42.00 $ 420.00 $ 51.00 $ 510.00
2573.502 SILT FENCE,TYPE MACHINE SLICED LF 4700 $ 2.00 $ 9,400.00 $ 1.85 $ 8,695.00 $ 1.91 $ 8,977.00
2573.505 FLOTATION SILT CURTAIN,TYPE WORK AREA LF 1000 $ 15.00 $ 15,000.00 $ 8.35 $ 8,350.00 $ 10.72 $ 10,720.00
2573.602 TEMPORARY CONSTRUCTION ENTRANCE/EXIT EACH 1 $ 1,000.00 $ 1,000.00 $ 2,200.00 $ 2,200.00 $ 1,200.00 $ 1,200.00
2575.501 SEEDING ACRE 4.2 $ 300.00 $ 1,260.00 $ 450.00 $ 1,890.00 $ 535.00 $ 2,247.00
2575.502 SEED MIX 1 (35-641) LBS 36 $ 50.00 $ 1,800.00 $ 50.00 $ 1,800.00 $ 60.00 $ 2,160.00
2575.502 SEED MIX 2(34-181) LBS 3 $ 50.00 $ 150.00 $ 475.00 $ 1,425.00 $ 565.00 $ 1,695.00
2575.502 SEED MIX 3(34-271) LBS 11 $ 50.00 $ 550.00 $ 140.00 $ 1,540.00 $ 166.00 $ 1,826.00
2575.511 MULCH MATERIAL,TYPE 3 TON 7 $ 200.00 $ 1,400.00 $ 365.00 $ 2,555.00 $ 435.00 $ 3,045.00
2575.519 DISK ANCHORING ACRE 3.5 $ 100.00 $ 350.00 $ 55.00 $ 192.50 $ 64.00 $ 224.00
2575.523 EROSION CONTROL BLANKET,CAT 2 SY 3600 $ 1.50 $ 5,400.00 $ 1.00 $ 3,600.00 $ 1.20 $ 4,320.00
2575.532 FERTILIZER,TYPE 4 LBS 500 $ 0.60 $ 300.00 $ 0.65 $ 325.00 $ 0.77 $ 385.00
2575.545 WEED SPRAYING ACRE 4 $ 125.00 $ 500.00 $ 125.00 $ 500.00 $ 150.00 $ 600.00
TOTAL $ 254,663.00 TOTAL $ 364,502.50 TOTAL $ 238,700.00
H:\Projects\6877_02\WR\EXCEL\Estimate\Bid Abstract.xlsx
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda September 6, 2011
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 09-5755 ITEM NO.: VIII.H.
Leslie Stovring Approve Contract Amendment for the Neill
Public Works/Environmental Lake Berm Stabilization Project
Services
Requested Action
Move to: Approve an Amendment to the Professional Services Agreement with SRF
Consulting Group Inc. in the amount of$7,700.
Synopsis
SRF has been retained to perform design and construction administration services for the Neill
Lake Berm Stabilization Project. This amendment will provide for construction staking of the
berm. This service was not originally included in the scope of work.
Background Information
Neill Lake is a downstream receiving water from Eden Lake. In 1974 a storm drain system,
which includes an earthen berm along the southern edge of the open water portion of Neill Lake,
was constructed. The structure of the berm has been compromised by stormwater inflows,
vegetation growth and animal burrowing. This construction will stabilize and reinforce the
berm.
The amendment for the project results in $7,700 of additional expenses. The original contract to
provide construction management services was for$50,500, the amendment results in a total cost
of$58,200 for construction services. The project expenses are being paid from the Stormwater
Utility Fund.
Attachment
SRF Proposal
PLA
NERS
DESIGNERS
Consulting Group,Inc.
August 29,2011
Ms. Leslie Stovring
Environmental Coordinator
CITY OF EDEN PRAIRIE
8080 Mitchell Road
Eden Prairie,MN 55344
SUBJECT: NEILL LAKE BERM IMPROVEMENTS
PROPOSAL FOR PROFESSIONAL SERVICES FOR CONSTRUCTION STAKING
REVISION 1
Dear Ms. Stovring:
Based on your request, we are pleased to submit this proposal to provide professional services for
construction staking. This revision provides additional detail in italics.
SCOPE OF SERVICES
We propose to carry out the work as described below:
1. Provide construction staking for the Contractor.
2. Constructing staking will include:
a. Stake all construction cross sections. One stake will be placed at each cross section at the edge of
the construction limits towards Neill Lake Marsh indicating all offsets. There are 90 cross sections.
Each cross section will take `/2 hr or more to stake. This effort includes location determination,
offsets computation, offset notations, equipment setup and moving, etc.
b. Staking will be completed by a two person crew (crew chief and intern) and will be completed in
approximately three days.
c. Stake the pedestrian bridge bypass.
ASSUMPTIONS
1. All staking will be completed in one operation lasting approximately three days.
2. The existing bituminous trail that will be reconstructed once construction is complete will not
require staking.
3. The Contractor will be responsible to establish additional temporary offsets
4. After the initial staking operation one additional visit for construction re-staking or additional staking at
the request of the contractor will be made. It is assumed that this operation will take one day at a cost of
$1,000. This will be coordinated and approved by the City prior to work being completed.
SCHEDULE
We will complete this work prior to construction start and will coordinate a schedule with the Contractor and
the City.
BASIS OF PAYMENT/BUDGET
www.srfconsuIting.com
One Carlson Parkway North,Suite 150 I Minneapolis,MN 55447-4443 1763.475.0010 Fax:763.475.2429
An Equal Opportunity Employer
Ms. Leslie Stovring -2 - August 29,2011
City of Eden Prairie
We propose to be reimbursed for our services on an hourly basis for the actual time expended. Other direct
project expenses, such as printing, supplies, reproduction, etc., will be billed at cost, and mileage will be
billed at the current allowable IRS rate for business miles. Invoices are submitted on a monthly basis for
work performed during the previous month. Payment is due within 30 days.
Based on our understanding of the project and the above scope of services, we estimate the cost of our
services to be between$6,700 and$7,700,which includes both time and expenses.
CHANGES IN THE SCOPE OF SERVICES
It is understood that if the scope or extent of work changes,the cost will be adjusted accordingly. Before any
out—of—scope work is initiated, however, we will submit a budget request for the new work and will not
begin work until we receive authorization from you.
TERMS AND CONDITIONS
All terms and conditions set forth in the Standard Agreement for Professional Services I.C. # 09-5755
"Neill Lake Berm Design and Construction,"dated April 19,2011,will remain in effect.
NOTICE TO PROCEED
A signed copy of this proposal or a separate letter of authorization, either mailed or emailed to our office,
will serve as our notice to proceed. The email address is weshenaur@srfconsulting.com.
We sincerely appreciate your consideration of this proposal and look forward to working with you on
this project. Please feel free to contact us if you have any questions or need additional information.
Sincerely,
SRF CONSULTING GROUP,INC.
Walter Eshenaur,PE(MN) David W. Filipiak,PE (MN), CFM
Senior Associate Principal
WE/DWF/bls
APPROVED:
(signature)
Name
Title
Date
This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost estimate
after 90 days from the date of this proposal.
SRF P11537
S:IMarketinglProposalsI2011 Letter ProposalslP11537Neill Lake Berm Construction Staking.docx
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda September 6, 2011
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.I.
Rick Wahlen Award Contract for Video Surveillance
Public Works/Utilities Equipment and Installation to USA Security,
Inc.
Requested Action
Move to: Award contract for the purchase and installation of a digital video surveillance
system at the water treatment plant to USA Security Inc. in the amount of
$42,102.77.
Synopsis
The city utilities division requested proposals from four qualifying local and regional video
equipment dealers to replace the aging and problematic analog security camera system in use at
the treatment plant today. Two vendors submitted proposals, and staff recommends accepting
the least-cost proposal from USA Security, Inc.
Video Equipment Contractor Proposed Cost of Equipment& Services
USA Security, Inc. $42,102.77
VideoTronix, Inc. dba VTI $97,469
Background Information
For more than 9 years, the city's video surveillance equipment installed at the water treatment
plant has experienced intermittent performance issues, including camera failures, frequent zone
interruptions, and failure of the main control unit. The video recording system is also very
limited in storage, limited in areas that can be observed and cumbersome to access in order to
review past periods of surveillance. A key disadvantage with our existing system is the lack of
detailed resolution to be able to make positive identification of an intruder.
A thorough, deliberate needs analysis was conducted of the facility's security requirements
involving collaboration between the city's staff security system technician, water treatment staff,
and a video system consultant. The technical system specifications were developed by our
consultant to prepare a comprehensive request for proposals (RFP) in early 2011. The system
specified is fully digital with 21 days of high-resolution storage, allowing us to go back and
obtain detailed identification imagery in all of our areas of concern during the past 21 days.
Funds for this replacement contract are available in the city's 2011 water operating budget.
Attachment
Standard Agreement for Contract Services
i
Rev. 07-14-2008
Standard Agreement for Contract Services
(No Bond)
This Agreement is made on the 6th day of September, 2011 , between the City of Eden
Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie,
MN 55344, and USA Security Inc., a Minnesota corporation (hereinafter "Contractor") whose
business address is 6830 Washington Ave. South, Eden Prairie, MN55344.
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of
services for City projects. That policy requires that persons, firms or corporations providing such
services enter into written agreements with the City. The purpose of this Agreement is to set forth the
terms and conditions for the provision of services by Contractor for the sale, instruction on use and
installation of an electronic security equipment as set forth in Exhibit A hereto, hereinafter
referred to as the "Work".
The City and Contractor agree as follows:
1. Scope of Work/Proposal. The Contractor agrees to provide the services shown in Exhibit "A"
in connection with the Work. The terms of this agreement shall take precedence over any
provisions of the Contractor's proposal and/or general conditions.
2. Term. The term of this Agreement shall be from September 6, 2011 through November 6,
2011 , the date of signature by the parties notwithstanding. This Agreement may be extended
upon the written mutual consent of the parties for such additional period as they deem
appropriate, and upon the terms and conditions as herein stated.
3. Compensation for Services. City agrees to pay the Contractor a fixed sum of$42,102.77 as
full and complete payment for the labor, materials and services rendered pursuant to this
Agreement and as described in Exhibit A.
a. Any changes in the scope of the work which may result in an increase to the
compensation due the Contractor shall require prior written approval by an authorized
representative of the City or by the City Council. The City will not pay additional
compensation for services that do not have prior written authorization.
b. Special consultants may be utilized by the Contractor when required by the complex or
specialized nature of the Project and when authorized in writing by the City.
c. If Contractor is delayed in performance due to any cause beyond its reasonable control,
including but not limited to strikes, riots, fires, acts of God, governmental actions,
actions of a third party, or actions or inactions of City, the time for performance shall be
extended by a period of time lost by reason of the delay. Contractor will be entitled to
payment for its reasonable additional charges, if any, due to the delay.
1
6 1
Rev. 07-14-2008
4. City Information. The City agrees to provide the Contractor with the complete information
concerning the Scope of the Work and to perform the following services:
a. Access to the Area. Depending on the nature of the Work, Contractor may from time to
time require access to public and private lands or property. As may be necessary, the
City shall obtain access to and make all provisions for the Contractor to enter upon
public and private lands or property as required for the Contractor to perform such
services necessary to complete the Work.
b. Consideration of the Contractor's Work. The City shall give thorough consideration to all
reports, sketches, estimates, drawings, and other documents presented by the
Contractor, and shall inform the Contractor of all decisions required of City within a
reasonable time so as not to delay the work of the Contractor.
c. Standards. The City shall furnish the Contractor with a copy of any standard or criteria,
including but not limited to, design and construction standards that may be required in
the preparation of the Work for the Project.
d. Owner's Representative. A person shall be appointed to act as the City's representative
with respect to the work to be performed under this Agreement. He or she shall have
complete authority to transmit instructions, receive information, interpret, and define the
City's policy and decisions with respect to the services provided or materials, equipment,
elements and systems pertinent to the work covered by this Agreement.
5. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an itemized
invoice for services performed under this Agreement. Invoices submitted shall be paid in the
same manner as other claims made to the City.
a. Invoices. Contractor shall verify all statements submitted for payment in compliance
with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if
provided for in Exhibit A, the Contractor shall provide an itemized listing and such
documentation as reasonably required by the City. Each invoice shall contain the City's
project number and a progress summary showing the original (or amended) amount of
the contract, current billing, past payments and unexpended balance of the contract.
b. Suspended Work. If any work performed by the Contractor is suspended in whole or in
part by the City, the Contractor shall be paid for any services performed prior to receipt
of written notice from the City of such suspension, all as shown on Exhibit A.
c. Payments for Special Consultants. The Contractor shall be reimbursed for the work of
special consultants, as described in Section 3B, and for other items when authorized in
writing by the City.
d. Claims. To receive any payment on this Agreement, the invoice or bill must include the
following signed and dated statement: "I declare under penalty of perjury that this
account, claim, or demand is just and correct and that no part of it has been paid."
6. PrRject Man, er and Staffing. The Contractor has designated 12D Pry- t(, DY and
j u n
v -r\1 �1 ek to serve on the Project. They shall be assisted by other staff
members as necessary to facilitate the completion of the Work in accordance with the terms
established herein. Contractor may not remove or replace these designated staff from the
Project without the approval of the City.
2
Rev. 07-14-2008
7. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with
the standard of care in Hennepin County, Minnesota for professional services of the like kind.
8. Audit Disclosure. Any reports, information, data, etc. given to, or prepared or assembled by
the Contractor under this Agreement which the City requests to be kept confidential, shall not
be made available to any individual or organization without the City's prior written approval. The
books, records, documents and accounting procedures and practices of the Contractor or other
parties relevant to this Agreement are subject to examination by the City and either the
Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of
this Contract. The Contractor shall at all times abide by Minn. Stat. 13.01 et seq., the
Minnesota Government Data Practices Act, to the extent the Act is applicable to data and
documents in the possession of the Contractor.
9. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof,
by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed by the
Contractor within ten (10) days after the date fixed in the written notice from the City to the
Contractor to do so.
If the City's suspension of all or part of the Work causes additional expenses not due to the fault
or negligence of the Contractor, the City shall reimburse the Contractor for the additional expense
incurred due to suspension of the work. Claims for such compensation, with complete
substantiating records, shall be filed with the Engineer within ten (10) days after the date of order
to resume Work in order to receive consideration. This paragraph shall not be construed as
entitling the Contractor to compensation for delays due to inclement weather, failure to furnish
additional surety or sureties specified herein, for suspension made at the request of the
Contractor, or for any other delay provided for in this Agreement.
10. Private Property. The Contractor shall not enter upon private property for any purpose without
having previously obtained permission from the City. The Contractor shall be responsible for the
preservation of, and shall use every precaution to prevent damage to all trees, shrubbery, plants,
lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and gas
lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private
property along or adjacent to the work.
11. Removal of Construction Equipment, Tools and Supplies. At the termination of this Contract,
before acceptance of the Work by the City, the Contractor shall remove all of Contractor's
equipment, tools and supplies from the property of the City. Should the Contractor fail to remove
such equipment, tools and supplies, the City shall have the right to remove them and deduct the
cost of removal from any amount owed to Contractor.
12. City's Right to Correct Deficiencies. If the Contractor should neglect to prosecute the Work
properly or fail to perform any provision of this Contract, the City after ten (10) days written notice
to the Contractor may, without prejudice to any other remedy he may have, make good such
deficiencies and may deduct the cost thereof from the payment then or thereafter due the
Contractor.
13. City's Right to Termination Agreement and Complete the Work. The City has the right to
terminate this Agreement for any of the following reasons:
a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of
creditors, or becomes insolvent;
3
Rev. 07-14-2008
b. Failure of Contractor to supply adequate properly skilled workmen or proper materials;
c. Failure of Contractor to make prompt payment to subcontractor for material or labor;
d. Any disregard of laws, ordinances or proper instructions of the City;
e. Assignment or work without permission of the City;
f. Abandonment of the work by Contractor;
g. Failure to meet the work progress schedule set forth in this Agreement;
h. Unnecessary delay which, in the judgment of the Manager, will result in the work not being
completed in the prescribed time.
Termination of the Agreement shall be preceded by seven (7) days written notice by the City to
the Contractor stating the grounds for termination and the measures, if any, which must be taken
to assure compliance with the Agreement. The Agreement shall be terminated at the expiration of
such seven (7) day period unless the City Council shall withdraw its notice of termination.
Upon termination of the Agreement by the City, the City may complete the Work required by the
Contract by whatever means it deems expedient.
The taking over of the work by the City upon Agreement termination shall not affect the right of
the City to recover liquidated damages from the Contractor for failure to complete the Agreement.
In the event that the Contractor involuntarily abandons the Work, fails or refuses to complete the
Work or fails to pay just claims for labor or material, the City reserves the right to charge against
the Contractor all extra legal, engineering, or other costs resulting from such abandonment, failure
or refusal. Legal costs will include the City's cost of prosecuting or defending any suit in
connection with such abandonment, failure or refusal, and non-payment of claims wherein the City
is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's
fees.
When the City assumes control of the Work pursuant to termination the City may take possession
of the Work and all material, tools and equipment therein belonging to the Contractor and may
use the same to complete the Work at Contractor's expense.
Upon Agreement termination, the Contractor shall not be entitled to receive any further payment
until the Work is finished. If the unpaid balance of the contract price exceeds the expense of
finishing the Work, including compensation for additional managerial and administrative services,
the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance, the
Contractor shall pay the difference to the City.
14. Contractor's Right to Terminate Agreement. The Contractor may terminate this Agreement
upon ten (10) days written notice to the City for any of the following reasons:
a. If an order of any court or other public authority caused the Work to be stopped or
suspended for a period of 90 days through no act or fault of the Contractor or his
employees.
4
Rev. 07-14-2008
b. If the City should fail to pay any undisputed sum owed Contractor within thirty (30) days
after the sum becomes due.
15. Guarantee. The Contractor shall warrant and guarantee and agree to maintain the stability of all
Work and materials done, furnished and installed under this Agreement for a period of one (1)
year after final payment. The date of final payment is the date of Council action approving final
payment. The obligation of the Contractor pursuant to this section shall be in addition to and not
in limitation of any obligations imposed upon him by any other provision of this Agreement or any
other obligation imposed or prescribed by law. The Contractor warrants to the Owner that all
materials and equipment furnished under this Contract will be new unless otherwise specified, and
that all work will be of good quality, free from faults and defects and in conformance with this
Agreement. All Work not conforming to these requirements, including substitutions not properly
approved and authorized, may be considered defective.
16. Subcontractor. The Contractor shall not enter into subcontracts for services provided under
this Agreement except as noted in the Scope of Work, without the express written consent of
the City. The Contractor shall bind every subcontractor and every subcontractor shall agree to be
bound by the terms of this Agreement as far as applicable to his work, unless specifically noted to
the contrary in a subcontract approved in writing as adequate by the City. The Contractor shall
pay any subcontractor involved in the performance of this Agreement within the ten (10) days of
the Contractor's receipt of payment by the City for undisputed services provided by the
subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed
amount for which the Contractor has received payment by the City, the Contractor shall pay
interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any
part of a month. The minimum monthly interest penalty payment for an unpaid balance of$100
or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual
interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to
collect interest penalties from the Contractor shall be awarded its costs and disbursements,
including attorney's fees, incurred in bringing the action.
17. Independent Contractor. At all times and for all purposes herein, the Contractor is an
independent contractor and not an employee of the City. No statement herein shall be
construed so as to find the Contractor an employee of the City.
18. Non-Discrimination. During the performance of this Agreement, the Contractor shall not
discriminate against any employee or applicants for employment because of race, color, creed,
religion, national origin, sex, marital status, status with regard to public assistance, disability,
sexual orientation or age. The Contractor shall post in places available to employees and
applicants for employment, notices setting forth the provision of this non-discrimination clause
and stating that all qualified applicants will receive consideration for employment. The
Contractor shall incorporate the foregoing requirements of this paragraph in all of its
subcontracts for program work, and will require all of its subcontractors for such work to
incorporate such requirements in all subcontracts for program work. The Contractor further
agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes
363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act
of 1990.
19. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without
the written consent of the other party.
5
Rev. 07-14-2008
20. Services Not Provided For. No claim for services furnished by the Contractor not specifically
provided for herein shall be honored by the City.
21. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any
reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not
affect the remaining provisions of this Agreement.
22. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement
supersedes all oral agreements and negotiations between the parties relating to the subject
matter hereof as well as any previous agreements presently in effect between the parties
relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the
provisions of this Agreement shall be valid only when expressed in writing and duly signed by
the parties, unless otherwise provided herein.
23. Compliance with Laws and Regulations. In providing services hereunder, the Contractor
shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of
services to be provided. The Contractor and City, together with their respective agents and
employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota
Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13.
Any violation of statutes, ordinances, rules and regulations pertaining to the services to be
provided shall constitute a material breach of this Agreement and entitle the City to immediately
terminate this Agreement.
24. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not
affect, in any respect, the validity of the remainder of this Agreement.
25. Indemnification. Contractor agrees to defend, indemnify and hold the City, its officers, and
employees harmless from any liability, claims, damages, costs, judgments, or expenses,
including reasonable attorney's fees, resulting directly or indirectly from a negligent act or
omission (including without limitation professional errors or omissions) of the Contractor, its
agents, employees, or subcontractors in the performance of the services provided by this
Agreement and against all losses by reason of the failure of said Contractor fully to perform, in
any respect, all obligations under this Agreement.
26. Insurance.
a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay
for such insurance as will protect against claims for bodily injury or death, or for damage
to property, including loss of use, which may arise out of operations by Contractor or by
any subcontractor or by anyone employed by any of them or by anyone for whose acts
any of them may be liable. Such insurance shall include, but not be limited to, minimum
coverages and limits of liability specified in this Paragraph, or required by law. The
policy(ies) shall name the City as an additional insured for the services provided under
this Agreement and shall provide that the Contractor's coverage shall be primary and
noncontributory in the event of a loss.
b. Contractor shall procure and maintain the following minimum insurance coverages and
limits of liability on this Project:
6
Rev. 07-14-2008
Worker's Compensation Statutory Limits
Employer's Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Comprehensive Liability $1,000,000 property damage per occurrence
$2,000,000 general aggregate
$2,000,000 Products—Completed Operations
Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit(shall include coverage
for all owned, hired and non-owed vehicles.
Umbrella or Excess Liability $2,000,000
c. The Comprehensive General/Commercial General Liability policy(ies) shall be
equivalent in coverage to ISO form CG 0001, and shall include the following:
i. Premises and Operations coverage with no explosions, collapse, or underground
damage exclusion (XCU).
ii. Products and Completed Operations Property Damage coverage. Contractor
agrees to maintain this coverage for a minimum of two (2) years following
completion of its work.
iii. Personal injury with Employment Exclusion (if any) deleted.
iv. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent.
v. Broad Form Property Damage coverage, including completed operations, or its
equivalent.
vi. Additional Insured Endorsement(s) on ISO form CG 2010, or its equivalent,
naming "the City of Eden Prairie." The additional insured form needs to extend
protection for "product and completed operations".
vii. If the Work to be performed is on an attached community, there shall be no
exclusion for attached or condominium projects.
viii. "Stop gap" coverage for work in those states where Workers' Compensation
insurance is provided through a state fund if Employer's liability coverage is not
available.
ix. Incidental Malpractice and Host Liquor Liability insurance applicable to the
Contractor's performance under this Agreement.
x. Severability of Insureds provision.
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Rev. 07-14-2008
d. Contractor shall maintain in effect all insurance coverages required under this
Paragraph at Contractor's sole expense and with insurance companies licensed to do
business in the state in Minnesota and having a current A.M. Best rating of no less than
A-, unless specifically accepted by City in writing. In addition to the requirements stated
above, the following applies to the insurance policies required under this Paragraph:
i. Ali polices shall be written on an "occurrence" form ("claims made" and "modified
occurrence" forms are not acceptable);
ii. All polices shall be apply on a "per project" basis;
iii. All policies, except the Worker's Compensation Policy, shall contain a waiver of
subrogation naming "the City of Eden Prairie";
iv. All policies, except the Worker's Compensation Policiy, shall name "the City of
Eden Prairie" as an additional insured;
v. All policies, except the Worker's Compensation Policy, shall insure the defense
and indemnity obligations assumed by Contractor under this Agreement; and
vi. All polices shall contain a provision that coverages afforded there under shall not
be canceled or non-renewed or restrictive modifications added, without thirty (30)
days prior written notice to the City.
e. A copy of the Consultant's Certificate of Insurance which evidences the compliance with
this Paragraph 26, must be filed with City prior to the start of Consultant's Work. Upon
request a copy of the Consultant's insurance declaration page, Rider and/or
Endorsement, as applicable shall be provided. Such documents evidencing Insurance
shall be in a form acceptable to City and shall provide satisfactory evidence that
Consultant has complied with all insurance requirements. Renewal certificates shall be
provided to City prior to the expiration date of any of the required policies. City will not
be obligated, however, to review such Certificate of insurance, declaration page, Rider,
Endorsement or certificates or other evidence of insurance, or to advise Consultant of
any deficiencies in such documents and receipt thereof shall not relieve Consultant
from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's
obligations hereunder. City reserves the right to examine any policy provided for under
this paragraph.
f. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the
specified insurance, then Contractor will defend, indemnify and hold harmless the City, the
City's officials, agents and employees from any loss, claim, liability and expense (including
reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the
same protection as would have been provided by the specified insurance. Except to the
extent prohibited by law, this indemnity applies regardless of any strict liability or
negligence attributable to the City (including sole negligence) and regardless of the extent
to which the underlying occurrence (i.e., the event giving rise to a claim which would have
been covered by the specified insurance) is attributable to the negligent or otherwise
wrongful act or omission (including breach of contract) of Contractor, its subcontractors,
agents, employees or delegates. Contractor agrees that this indemnity shall be construed
and applied in favor of indemnification. Contractor also agrees that if applicable law limits
or precludes any aspect of this indemnity, then the indemnity will be considered limited
8
Rev. 07-14-2008
only to the extent necessary to comply with that applicable law. The stated indemnity
continues until all applicable statutes of limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require Contractor
to:
a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
b. Furnish a written acceptance of tender of defense and indemnity from Contractor's
insurance company.
Contractor will take the action required by the City within fifteen (15) days of receiving
notice from the City.
27. Ownership of Documents. All plans, diagrams, analyses, reports and information generated
in connection with the performance of the Agreement ("Information") shall become the property
of the City, but Contractor may retain copies of such documents as records of the services
provided. The City may use the Information for its purposes and the Contractor also may use
the Information for its purposes. Use of the Information for the purposes of the project
contemplated by this Agreement ("Project") does not relieve any liability on the part of the
Contractor, but any use of the Information by the City or the Contractor beyond the scope of the
Project is without liability to the other, and the party using the Information agrees to defend and
indemnify the other from any claims or liability resulting therefrom.
28. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related to
this Service Agreement or the relationships which result from this Agreement shall be subject to
mediation as a condition precedent to initiating arbitration or legal or equitable actions by either
party. Unless the parties agree otherwise, the mediation shall be in accordance with the
Commercial Mediation Procedures of the American Arbitration Association then currently in
effect. A request for mediation shall be filed in writing with the American Arbitration Association
and the other party. No arbitration or legal or equitable action may be instituted for a period of
90 days from the filing of the request for mediation unless a longer period of time is provided by
agreement of the parties. Cost of mediation shall be shared equally between the parties.
Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed
upon by the parties. The parties shall memorialize any agreement resulting from the mediation
in a Mediated Settlement Agreement, which Agreement shall be enforceable as a settlement in
any court having jurisdiction thereof.
29. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
30. Conflicts. No salaried officer or employee of the City and no member of the Board of the City
shall have a financial interest, direct or indirect, in this Contract. The violation of this provision
renders the Contract void. Any federal regulations and applicable state statutes shall not be
violated.
31. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall
be considered an original.
9
Rev. 07-14-2008
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Mayor
City Manager
USA SECUR , I
By:
Its: (7f)(1 k CtinalPilf
10
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar September 6, 2011
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.J.
Stuart Fox, Parks and Natural Award Bid for Trail Overlay and
Resources Manager, Parks and Reconstruction Work to Midwest Asphalt
Recreation Corporation
Motion
Move to: Award the bid for the overlay and reconstruction of eight foot wide bituminous
bike trails along portions of Mitchell Road and Baker Road to Midwest Asphalt
Corporation in the amount of$123,768.78.
Synopsis
The City advertised for the overlay or full reconstruction of the eight foot wide bituminous trails
along sections of Mitchell Road and Baker Road. The plans and specifications were prepared for
the bituminous overlay of 6,174 lineal feet of existing 8 foot wide trail, the reconstruction of
5,827 lineal feet, the installation of seventeen new pedestrian/handicap ramps at various roadway
crossings and the replacement of four driveway aprons. The City received sealed bids from three
contractors.
Background
The scope of this project is to overlay or replace several existing 8 foot wide bituminous bike
trail segments whose surface is rough, severely degraded and in poor condition. In 2008, these
three trail segments ranked as being in poor condition(PCI under 70) in a city wide trail and
sidewalk assessment that was done by GoodPointe Technology. These trail sections cannot be
renovated using the surface treatment of a rock chip seal coat; however, rather than doing a
complete trail rebuild, a bituminous overlay of the trails will provide a safe and useable trail for
the next 20 years. New concrete ramps will be installed to provide proper ADA transition access
from the trail to the road surface at intersections where ramps are currently absent.
The funds for doing this trail reconstruction comes from the Capital Improvement Project
funding in the Public Works Department for the reconstruction and new construction of trails and
sidewalks along road right of ways throughout the City.
Bid Summary and Recommendation
The summary of the bids submitted is as follows:
Midwest Asphalt, Corp. $123,768.78
Northwest Asphalt, Inc. $154,224.70
Bituminous Roadways, Inc. $156,504.65
Award Bid for Trail Overlay and Reconstruction Work to Midwest Asphalt Corporation
September 6, 2011
Page 2
The staffs estimate for this trail overlay and reconstruction project, based on 2010 bid/quote
information, was $140,000.
Each of the submitters met the guidelines as detailed in the bid specification document. Staff
recommends the contract be awarded to Midwest Asphalt Corporation.
The trail reconstruction/overlay project work will begin in mid-September with completion by
October 31, 2011. City staff will be restoring the private property lawn areas.
Attachments
Trail Overlay/Reconstruction Location Maps #1 - 4
Map #1
Trail Overlay Map
(north section)
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(north section)
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CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar September 6, 2011
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.K.
Police Department Resolution Declaring "Abandoned Property"
Lieutenant Bill Wyffels
Requested Action
Move to: Adopt resolution declaring property as "abandoned property."
Synopsis
The Eden Prairie Police Department has accumulated a quantity of bicycles, stereo/electronic
equipment, and miscellaneous items that remain unclaimed.
City Code 2.86 Subd. 2, Disposal of Unclaimed Property, requires adoption of a resolution by
City Council to declare unclaimed property that has been in the possession of the City for over
90 days as "abandoned property."
Background Information
In the course of municipal operations, the Eden Prairie Police Department's Evidence/Property
Room has several items that have lawfully come into its possession that remain unclaimed by the
owners and have been in its possession for at least 90 days.
In accordance with City Code Section 2.86 Subdivision 2 C., the Police Department would like
to dispose of this property by sale to the highest bidder at a public auction through the City of
Eden Prairie. In addition, in accordance with City Code 2.86 Subdivision C, the Police
Department would like to convert certain items for City use.
Attachments
Resolution
Exhibit A & B
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2011-
DECLARATION OF ABANDONED PROPERTY
WHEREAS, City Code 2.86 Subd. 2 requires adoption of a resolution by City Council to
declare unclaimed property such as bicycles, stereo/electronic equipment, and miscellaneous
items as "abandoned property;" and
WHEREAS, the property has lawfully come into the possession of the City in the course
of municipal operations; and
WHEREAS,the property remains unclaimed by the owners; and
WHEREAS,the property has been in the possession of the City for over 90 days.
NOW THEREFORE, BE IT RESOLVED that the City of Eden Prairie declares the
unclaimed property as "abandoned property."
ADOPTED by the City Council on September 6, 2011.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
EDEN Abandoned Property for Auction
Exhibit A
"PRAIRIE
Property ORI Case Number Description
MN0272600 2011-00014230 Gary Fisher Black 18 speed Boys Bicycle
MN0272600 2011-00015955 Murray Monterey Turquoise Adult Bicycle - Old
MN0272600 2011-00017154 AMX x-treme "launch" Boys Black BMX, SAP4F10409
MN0272600 2011-00017231 Huffy Rockslide Green Girls 10-speed
MN0272600 2011-00019113 Magna Glacierpoint Purple Ladies Bicycle, 15-spd
MN0272600 2011-00019963 Huffy Black Canyon Red Mens Bike, Ser#3668793367
MN0272600 2011-00020643 Magna Rip Claw BMX Boys BlkRed Bike wLock on Back Wheel
MN0272600 2011-00021220 Pacific Riptide Silver Mens Mountain Bike
06/02/2011-08/24/2011 Page 1 of 1
POLICE `
1ENI) Property for Conversion
Exhibit B
"PRAIRIE /
Property ORI Case Number Property Description
MN0270000 2010-00001667 Digital Scale w Charger
MN0270000 2008-00001842 Digital Scale
MN0270000 2008-00001842 Digital Scale
MN0270000 2008-00005992 $5 Bill
MN0270000 2008-00008505 $20 Bill
MN0270000 2010-00020167 Large Silver Scale
MN0270000 2010-00020167 AWS Silver Digital Scale
MN0270000 2010-00020167 Tanita Black Digital Scale
06/02/2011 -08/24/2011 Page 1 of 1
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda September 6, 2011
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.L.
Stuart Fox, Parks and Natural Contract for Professional Services for
Resources Manager, Parks and Riley Lake Road- Trail Extension Project
Recreation
Motion
Move to: Approve the Standard Agreement for Professional Services proposal from HTPO
for Riley Lake Road- Trail Extension Project engineering and design services at a
cost not to exceed $36,000.00.
Synopsis
Laurie Johnson of Hansen, Thorp, Pellinen and Olson Inc. has provided a Scope of Services
proposal that addresses the City's request for engineering and design services related to the
recently authorized Riley Lake Road- Trail Extension Project. Their proposal for the project
includes survey work, construction documents, cost estimates and administration work with a not
to exceed cost of$36,000.
Recommendation
The proposal from HTPO is in line with our estimate and staff recommends approval of this
contract.
Attachments
Standard Agreement for Professional Services
Scope of Service Letter
Standard Agreement for Professional Services
This Agreement is made on the 6th day of September, 2011, between the City of Eden Prairie,
Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN
55344, and Hansen, Thorp, Pellinen, Olson, Inc., a Minnesota (hereinafter "Consultant") whose
business address is 7510 Market Place Drive, Eden Prairie, MN 55344.
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of
professional services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this Agreement is
to set forth the terms and conditions for the provision of Construction Testing Services by Consultant
for the Riley Creek Road —Trail Extension Project hereinafter referred to as the "Work".
The City and Consultant agree as follows:
1. Scope of Work/Proposal. The Consultant agrees to provide the professional services shown
in Exhibit "A" in connection with the Work. The terms of this standard agreement shall take
precedence over any provisions of the Consultants proposal and/or general conditions.
2. Term. The term of this Agreement shall be from September 6, 2011 through project completion
in June 2012, the date of signature by the parties notwithstanding. This Agreement may be
extended upon the written mutual consent of the parties for such additional period as they deem
appropriate, and upon the terms and conditions as herein stated.
3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus
expenses in a total amount not to exceed $ 36,000.00 for the services as described in Exhibit A.
A. Any changes in the scope of the work which may result in an increase to the
compensation due the Consultant shall require prior written approval by an authorized
representative of the City or by the City Council. The City will not pay additional
compensation for services that do not have prior written authorization.
B. Special Consultants may be utilized by the Consultant when required by the complex or
specialized nature of the Project and when authorized in writing by the City.
C. If Consultant is delayed in performance due to any cause beyond its reasonable control,
including but not limited to strikes, riots, fires, acts of God, governmental actions,
actions of a third party, or actions or inactions of City, the time for performance shall be
extended by a period of time lost by reason of the delay. Consultant will be entitled to
payment for its reasonable additional charges, if any, due to the delay.
1
4. City Information. The City agrees to provide the Consultant with the complete information
concerning the Scope of the Work and to perform the following services:
A. Access to the Area. Depending on the nature of the Work, Consultant may from time to
time require access to public and private lands or property. As may be necessary, the
City shall obtain access to and make all provisions for the Consultant to enter upon
public and private lands or property as required for the Consultant to perform such
services necessary to complete the Work.
B. Consideration of the Consultant's Work. The City shall give thorough consideration to
all reports, sketches, estimates, drawings, and other documents presented by the
Consultant, and shall inform the Consultant of all decisions required of City within a
reasonable time so as not to delay the work of the Consultant.
C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria,
including but not limited to, design and construction standards that may be required in
the preparation of the Work for the Project.
D. Owner's Representative. A person shall be appointed to act as the City's representative
with respect to the work to be performed under this Agreement. He or she shall have
complete authority to transmit instructions, receive information, interpret, and define the
City's policy and decisions with respect to the services provided or materials, equipment,
elements and systems pertinent to the work covered by this Agreement.
5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized
invoice for professional services performed under this Agreement. Invoices submitted shall be
paid in the same manner as other claims made to the City for:
A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall
indicate for each employee, his or her name, job title, the number of hours worked, rate
of pay for each employee, a computation of amounts due for each employee, and the
total amount due for each project task. Consultant shall verify all statements submitted
for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For
reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an
itemized listing and such documentation as reasonably required by the City. Each
invoice shall contain the City's project number and a progress summary showing the
original (or amended) amount of the contract, current billing, past payments and
unexpended balance of the contract.
B. Suspended Work. If any work performed by the Consultant is suspended in whole or in
part by the City, the Consultant shall be paid for any services performed prior to receipt
of written notice from the City of such suspension, all as shown on Exhibit A.
C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of
special consultants, as described in Section 3B, and for other items when authorized in
writing by the City.
D. Claims. To receive any payment on this Agreement, the invoice or bill must include the
following signed and dated statement: "I declare under penalty of perjury that this
account, claim, or demand is just and correct and that no part of it has been paid."
2
6. Project Manager and Staffing. The Consultant has designated Laurie Johnson to serve on
the Project. She shall be assisted by other staff members as necessary to facilitate the
completion of the Work in accordance with the terms established herein. Consultant may not
remove or replace these designated staff from the Project without the approval of the City.
7. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with
the standard of care in Hennepin County, Minnesota for professional services of the like kind.
8. Audit Disclosure. Any reports, information, data, etc. given to, or prepared or assembled by
the Consultant under this Agreement which the City requests to be kept confidential, shall not
be made available to any individual or organization without the City's prior written approval. The
books, records, documents and accounting procedures and practices of the Consultant or other
parties relevant to this Agreement are subject to examination by the City and either the
Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of
this Contract. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the
Minnesota Government Data Practices Act, to the extent the Act is applicable to data and
documents in the possession of the Consultant.
9. Termination. This Agreement may be terminated by either party by seven (7) days written
notice delivered to the other party at the address written above. Upon termination under this
provision, if there is no fault of the Consultant, the Consultant shall be paid for services
rendered and reimbursable expenses until the effective date of termination. If however, the City
terminates the Agreement because the Consultant has failed to perform in accordance with this
Agreement, no further payment shall be made to the Consultant, and the City may retain
another consultant to undertake or complete the work identified in Paragraph 1.
10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under
this Agreement except as noted in the Scope of Work, without the express written consent of
the City. The Consultant shall pay any subcontractor involved in the performance of this
Agreement within the ten (10) days of the Consultant's receipt of payment by the City for
undisputed services provided by the subcontractor. If the Consultant fails within that time to
pay the subcontractor any undisputed amount for which the Consultant has received payment
by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the
rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty
payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than
$100, the Consultant shall pay the actual interest penalty due to the subcontractor. A
subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall
be awarded its costs and disbursements, including attorney's fees, incurred in bringing the
action.
11. Independent Consultant. At all times and for all purposes herein, the Consultant is an
independent contractor and not an employee of the City. No statement herein shall be
construed so as to find the Consultant an employee of the City.
12. Non-Discrimination. During the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicants for employment because of race, color, creed,
religion, national origin, sex, marital status, status with regard to public assistance, disability,
sexual orientation or age. The Consultant shall post in places available to employees and
applicants for employment, notices setting forth the provision of this non-discrimination clause
and stating that all qualified applicants will receive consideration for employment. The
Consultant shall incorporate the foregoing requirements of this paragraph in all of its
3
subcontracts for program work, and will require all of its subcontractors for such work to
incorporate such requirements in all subcontracts for program work. The Consultant further
agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes
363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act
of 1990.
13. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without
the written consent of the other party.
14. Services Not Provided For. No claim for services furnished by the Consultant not specifically
provided for herein shall be honored by the City.
15. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any
reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not
affect the remaining provisions of this Agreement.
16. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement
supersedes all oral agreements and negotiations between the parties relating to the subject
matter hereof as well as any previous agreements presently in effect between the parties
relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the
provisions of this Agreement shall be valid only when expressed in writing and duly signed by
the parties, unless otherwise provided herein.
17. Compliance with Laws and Regulations. In providing services hereunder, the Consultant
shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of
services to be provided. The Consultant and City, together with their respective agents and
employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota
Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13.
Any violation of statutes, ordinances, rules and regulations pertaining to the services to be
provided shall constitute a material breach of this Agreement and entitle the City to immediately
terminate this Agreement.
18. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not
affect, in any respect, the validity of the remainder of this Agreement.
19. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and
employees harmless from any liability, claims, damages, costs, judgments, or expenses,
including reasonable attorney's fees, resulting directly or indirectly from a negligent act or
omission (including without limitation professional errors or omissions) of the Consultant, its
agents, employees, or subcontractors in the performance of the services provided by this
Agreement and against all losses by reason of the failure of said Consultant fully to perform, in
any respect, all obligations under this Agreement.
20. Insurance.
A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay
for such insurance as will protect against claims for bodily injury or death, or for damage
to property, including loss of use, which may arise out of operations by Consultant or by
any subcontractor or by anyone employed by any of them or by anyone for whose acts
any of them may be liable. Such insurance shall include, but not be limited to, minimum
coverages and limits of liability specified in this Paragraph, or required by law. The
4
policy(ies) shall name the City as an additional insured for the services provided under
this Agreement and shall provide that the Consultant's coverage shall be primary and
noncontributory in the event of a loss.
B. Consultant shall procure and maintain the following minimum insurance coverages and
limits of liability on this Project:
Worker's Compensation Statutory Limits
Employer's Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Comprehensive Liability $1,000,000 property damage per occurrence
$2,000,000 general aggregate
$2,000,000 Products — Completed Operations
Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit (shall include coverage
for all owned, hired and non-owed vehicles.
Umbrella or Excess Liability $2,000,000
C. The Comprehensive General/Commercial General Liability policy(ies) shall be
equivalent in coverage to ISO form CA 00 01, and shall include the following:
a. Premises and Operations coverage with no explosions, collapse, or underground
damage exclusion (XCU).
b. Products and Completed Operations Property Damage coverage. Consultant
agrees to maintain this coverage for a minimum of two (2) years following
completion of its work.
c. Personal injury with Employment Exclusion (if any) deleted.
d. Standard ISO CG0001 0196 Contractual Liability coverage, or its equivalent, and
a Separation of Insureds clause.
e. Broad Form Property Damage coverage, including completed operations, or its
equivalent.
f. Additional Insured Endorsement(s) on ISO form CF 20 10 11 85, or its
equivalent, naming "the City of Eden Prairie." Additional insured coverage under
a July 2004 or later edition of said ISO form is not acceptable.
g. If the Work to be performed is on an attached community, there shall be no
exclusion for attached or condominium projects.
5
h. "Stop gap" coverage for work in those states where Workers' Compensation
insurance is provided through a state fund if Employer's liability coverage is not
available.
Incidental Malpractice, Host Liquor Liability, and Blanket Contractual Liability
insurance applicable to the Consultant's performance under this Agreement.
D. Professional Liability Insurance. The Consultant agrees to provide to the City a
certificate evidencing that they have in effect, with an insurance company in good
standing and authorized to do business in Minnesota, a professional liability insurance
policy. Said policy shall insure payment of damage for legal liability arising out of the
performance of professional services for the City, in the insured's capacity as the
Consultant, if such legal liability is caused by an error, omission, or negligent act of the
insured or any person or organization for whom the insured is legally liable. Said policy
shall provide an aggregate limit of$2,000,000. Said policy shall not name the City as an
insured.
E. Consultant shall maintain in effect all insurance coverages required under this
Paragraph at Consultant's sole expense and with insurance companies licensed to do
business in the state in Minnesota and having a current A.M. Best rating of no less than
A-, unless specifically accepted by City in writing. In addition to the requirements stated
above, the following applies to the insurance policies required under this Paragraph:
a. All polices, except the Professional Liability Insurance policy, shall be written on
an "occurrence" form ("claims made" and "modified occurrence" forms are not
acceptable);
b. All polices, except the Professional Liability Insurance policy, shall be apply on a
"per project" basis;
c. All policies, except the Professional Liability Insurance and Worker's
Compensation Policies, shall contain a waiver of subrogation naming "the City of
Eden Prairie";
d. All policies, except the Professional Liability Insurance and Worker's
Compensation Policies, shall name "the City of Eden Prairie" as an additional
insured;
e. All policies, except the Professional Liability Insurance and Worker's
Compensation Policies, shall insure the defense and indemnity obligations
assumed by Consultant under this Agreement; and
f. All polices shall contain a provision that coverages afforded there under shall not
be canceled or non-renewed or restrictive modifications added, without thirty (30)
days prior written notice to the City.
A copy of the Consultant's insurance declaration page, Rider and/or
Endorsement, as applicable, which evidences the compliance with this Paragraph
20, must be filed with City prior to the start of Consultant's Work. Such documents
evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory
evidence that Consultant has complied with all insurance requirements. Renewal
6
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 Consultant of any deficiencies in such documents and receipt thereof shall not
relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of
Consultant's obligations hereunder. City reserves the right to examine any policy
provided for under this paragraph.
F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the
specified insurance, then Consultant will defend, indemnify and hold harmless the City, the
City's officials, agents and employees from any loss, claim, liability and expense (including
reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the
same protection as would have been provided by the specified insurance. Except to the
extent prohibited by law, this indemnity applies regardless of any strict liability or
negligence attributable to the City (including sole negligence) and regardless of the extent
to which the underlying occurrence (i.e., the event giving rise to a claim which would have
been covered by the specified insurance) is attributable to the negligent or otherwise
wrongful act or omission (including breach of contract) of Consultant, its subcontractors,
agents, employees or delegates. Consultant agrees that this indemnity shall be construed
and applied in favor of indemnification. Consultant also agrees that if applicable law limits
or precludes any aspect of this indemnity, then the indemnity will be considered limited
only to the extent necessary to comply with that applicable law. The stated indemnity
continues until all applicable statutes of limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require Consultant
to:
a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
b. Furnish a written acceptance of tender of defense and indemnity from Consultant's
insurance company.
Consultant will take the action required by the City within fifteen (15) days of receiving
notice from the City.
21. Ownership of Documents. All plans, diagrams, analyses, reports and information generated
in connection with the performance of the Agreement ("Information") shall become the property
of the City, but Consultant may retain copies of such documents as records of the services
provided. The City may use the Information for its purposes and the Consultant also may use
the Information for its purposes. Use of the Information for the purposes of the project
contemplated by this Agreement ("Project") does not relieve any liability on the part of the
Consultant, but any use of the Information by the City or the Consultant beyond the scope of
the Project is without liability to the other, and the party using the Information agrees to defend
and indemnify the other from any claims or liability resulting therefrom.
22. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related to
this Service Agreement or the relationships which result from this Agreement shall be subject to
mediation as a condition precedent to initiating arbitration or legal or equitable actions by either
party. Unless the parties agree otherwise, the mediation shall be in accordance with the
Commercial Mediation Procedures of the American Arbitration Association then currently in
7
effect. A request for mediation shall be filed in writing with the American Arbitration Association
and the other party. No arbitration or legal or equitable action may be instituted for a period of
90 days from the filing of the request for mediation unless a longer period of time is provided by
agreement of the parties. Cost of mediation shall be shared equally between the parties.
Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed
upon by the parties. The parties shall memorialize any agreement resulting from the mediation
in a Mediated Settlement Agreement, which Agreement shall be enforceable as a settlement in
any court having jurisdiction thereof.
23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
24. Conflicts. No salaried officer or employee of the City and no member of the Board of the City
shall have a financial interest, direct or indirect, in this Contract. The violation of this provision
renders the Contract void. Any federal regulations and applicable state statutes shall not be
violated.
25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall
be considered an original.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Mayor
City Manager
FIRM NAME
By:
Its:
8
p l I Engineering Surveying
;1 Landscape Architecture
J August 18,2011
Mr.Jay Lotthammer
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55344
Re: Riley Lake Road-Trail Extension Project
Dear Jay,
As requested,the following estimate for engineering services are
provided for your consideration for the design of approximately
5000 linear feet of trail from Riley Lake Road adjacent to the
Bearpath development to the Rice Marsh Lake Trail across TH
212.
Estimate Scope of Service
$31,000.00 Design,Construction Documents and Cost
Estimate. Includes preliminary and final
design,preparation of plan and profile
drawings,Stormwater Pollution Prevention
Plan (SWPPP) including additional BMP's
for impaired waters,specifications,
engineers estimate, and permit applications
to MnDOT,Watershed District,and MPCA.
Assumes that minor storm sewer
improvements will be required,that
stormwater treatment will be accomplished
through grassed swales and
rain gardens,and that wetland
fill/mitigation will not be required.
$ 2,000.00 Easement Documents,if required.
Includes preparation of legal descriptions
and plan exhibits for three easements
within the Bearpath plat.
7510 Market Place Drive
Eden Prairie, MN 55344 $ 1,500.00 Bid Administration.
952-829-0700
952-829-7806 fax $ 1,500.00 Reimbursables
www.htpo.com
$36,000.00 TOTAL
HANSEN THORP PELLINEN OLSON, INC.
Lotthammer/Johnson
August 18,2011
Page 2
Invoices will be submitted based on actual hours worked using a
2.4 multiplier times direct personal expense, and reimbursable
expenses incurred (printing, courier,and other out-of-house
documents and fees). We will keep you informed of our work
progress and the above fee estimate will not be exceeded without
prior approval from your office. We invoice our services monthly
payable within 30 days.
Thank you for this opportunity to provide our services.
Sincerely,
Hansen Thorp Pellinen Olson, Inc.
..,„7,4deLte• . 90-/Ler—_,
Laurie A.Johnson,P.E.
Principal
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar September 6, 2011
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.M.
Police Department Declare obsolete radio equipment as
Lieutenant Bill Wyffels surplus
Requested Action
Move to: Declare obsolete radio as surplus and authorize the City Manager to dispose of
property.
Synopsis
The City has a surplus of obsolete radio equipment.
All equipment will be disposed of by PropertyRoom.com as authorized by City Code Section
2.86, Subd. 3.
Attachment
List of surplus equipment
Eden Prairie Police Department
Surplus Radio Equipment
The below items are old and outdated radio technology equipment purchased by the Eden Prairie Police
Department in the early 1990s for our then public safety radio system. The equipment has not been
used by the city for several years. According to the original supplier,the value of the equipment would
be assessed at salvage value, which is predominately the rack system that the equipment resides in. The
below values are estimated based on that information.
ITEM Qty Unit Est.Value Total Est.Value
Chatsworth Server Rack 2 $50.00 $100.00
Quinton Base Station (includes cabinet, Master Oscillator, 1 $150.00 $150.00
transmitter, digital exciter and meter panel
Harris Server Rack: Includes Telewave dual isolator and 1 $150.00 $150.00
combiner(Model M-101-860-5TRM; SN: 3020) and duplexer
(Model TTPD 8648SP; SN: 1531)
CITY COUNCIL AGENDA DATE:
SECTION: Public Hearings September 6, 2011
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO: IX.A.
Community Development/Planning United Health Group 2011
Janet Jeremiah/Michael Franzen
Requested Action
Move to: Continue the public hearing to the September 20, 2011 meeting.
Synopsis
United Health Group is requesting a continuance to the September 20, 2011 meeting.
Attachment
Letter United Health Group
Unite dllealth Group"
t 151, 111€(Jr
liaQ ,‘`la'0 10 r i
August 25, 2011
Michael Franzen
City Planner
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
RE: UnitedHealth Group ("UHG")Shady Oak Road Property
Dear Mr.Franzen:
This letter is written to confirm UHG's agreement to continue the City Council review of
the Planning Commission's August 8,2011 recommendation of the referenced project from
September 6 to September 20,2011. It is our understanding that this revised schedule does not
impact the 120 day review expiration deadline of November 20,2011.
Thank you for your continued assistance. Please do not hesitate to contact me if you have
any questions.
Very truly yours,
Dennis J. Spall
Senior Director
Real Estate Services
UnitedHealth Group
CITY COUNCIL AGENDA DATE:
SECTION: Public Hearings September 6, 2011
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B.
Community City Code Amendment—Variance
Development/Planning Legislation
Janet Jeremiah
Requested Action
Move to:
• Close the Public Hearing; and
• Approve 1st Reading of the Ordinance amending City Code Chapter 2 and 11 by
amending Section 2.26, 11.45 and 11.76 relating to the board of adjustment and
appeals and variances, and adopting by reference City Code Chapter 1 and Sections
2.99 and 11.99 which, among other things, contain penalty provisions.
Synopsis
The governor recently signed into law changes to the statute relating to variances.
Variances may be granted where the proposed variances are consistent with the
comprehensive plan and there are practical difficulties in complying with the official
control.
The City Attorney has drafted a code amendment to match the language in the State Statutes.
Background Information
The 120-Day Review Period Expires on November 20, 2011
Planning Commission Recommendation
The Planning Commission voted 5-0 to recommend approval of the project at the August 8, 2011
meeting.
Attachments
1. Ordinances
2. Staff Report
3. Planning Commission Minutes
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. -2011
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING
CITY CODE CHAPTER 2 AND 11 BY AMENDING SECTION 2.26, 11.45 AND 11.76
RELATING TO THE BOARD OF ADJUSTMENT AND APPEALS AND VARIANCES,
AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 2.99
AND 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. City Code Section 2.26, Subd. 2 (A)(1) is hereby deleted in its entirety and
replaced with the following:
Duties. The Board shall (1)hear all appeals where it is alleged that there is an error in any
order, requirement, decision, or determination made by an administrative officer in the
enforcement of the land use regulations (zoning) and subdivision provisions of the City Code and
as otherwise provided by law, (2) make recommendations to the Council when required by City
Code, and (3) hear requests for adjustments (variances) from City Code requirements, deny or
grant variances, and impose conditions on such variances in accordance with applicable law and
the provisions of City Code Chapter 11. The Board may not permit as a variance any use that is
not allowed by City Code Chapter 11 in the zoning district in which the subject property is
located. The Board shall issue building moving permits pursuant to Chapter 10 of the City Code.
The Director of Community Development shall have the responsibility to review and report on
an appeal or petition on behalf of the Planning Commission in accordance with Minnesota
Statutes.
Section 2. City Code Section 11.45, Subd. 9 (H) is hereby deleted in its entirety and replaced
with the following:
Appeals. Appeals from any decision of the Planning Commission shall be made in
accordance with the procedures set forth in Section 2.26.
Section 3. City Code Section 11.76, Subd. 1 is hereby deleted in its entirety and replaced
with the following:
Purposes and Authorization. Except as otherwise provided in this Chapter, variances
from the requirements of this Chapter may be granted when the applicant for the variance
establishes that there are practical difficulties in complying with this Chapter. Variances shall
only be permitted when they are in harmony with the general purposes and intent of this Chapter
and are consistent with the City's comprehensive plan. "Practical difficulties" as used in
connection with the granting of a variance, means that the property owner proposes to use the
property in a reasonable manner not permitted by this Chapter; the plight of the landowner is due
to circumstances unique to the property not created by the landowner; and the variance, if
granted, will not alter the essential character of the locality. Economic considerations alone do
not constitute practical difficulties. Practical difficulties include, but are not limited to,
inadequate access to direct sunlight for solar energy systems. Variances shall be granted for
earth sheltered construction as defined by statute when in harmony with this Chapter. The Board
of Adjustments and Appeals or Council as the case may be may not permit as a variance any use
that is not allowed by this Chapter in the zoning district in which the subject property is located.
The Board of Adjustments and Appeals or Council as the case may be may permit as a variance
the temporary use of a one family dwelling as a two family dwelling. The Board of Adjustments
and Appeal or Council as the case may be may impose conditions in the granting of variances. A
condition must be directly related to and must bear a rough proportionality to the impact created
by the variance.
Section 4. City Code Section 11.76, Subd. 2 is hereby deleted in its entirety and replaced
with the following:
Application and Fee. Application fees shall be set by Council pursuant to ordinance.
Applications shall be made on forms and pursuant to the procedures designated by the
Community Development Department.
Section 5. This ordinance shall become effective following its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
6th day of September, 2011, and finally read and adopted and ordered published at a regular
meeting of the City Council of said City on the day of September, 2011.
Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on the day of , 2011.
STAFF REPORT
TO: Planning Commission
FROM: Michael D. Franzen, City Planner
DATE: August 5, 2011
PROJECT: Code Amendment—Changes to Variances based on State Law
BACKGROUND
The governor recently signed into law changes to the statute relating to variances.
Variances may be granted where the proposed variances are consistent with the
comprehensive plan and there are practical difficulties in complying with the official
control.
The City Attorney has modified the code to match the Statute language on variances.
STAFF RECOMMENDATION
Staff recommends approval.
APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY,AUGUST 8, 2011 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: Matt Fyten, John Kirk, Katie Lechelt, Jacob Lee,
Jerry Pitzrick, Kevin Schultz, Jon Stoltz, Travis
Wuttke
STAFF MEMBERS: Michael Franzen, City Planner
Rod Rue, City Engineer
Stu Fox, Manager of Parks and Natural Resources
Julie Krull, Recording Secretary
I. PLEDGE OF ALLEGIANCE—ROLL CALL
Acting Chair Schultz called the meeting to order at 7:00 p.m. Kirk, Pitzrick and Stoltz
were absent.
II. APPROVAL OF AGENDA
MOTION by Lee, seconded by Lechelt, to approve the agenda. Motion carried 5-0.
III. MINUTES
A. PLANNING COMMISSION MEETING HELD ON JULY 11, 2011
MOTION by Lee, seconded by Wuttke, to approve the minutes. Motion carried
5-0.
IV. INFORMATIONAL MEETINGS
V. PUBLIC MEETINGS
VI. PUBLIC HEARINGS
C. CODE AMENDMENT VARIANCE STANDARDS
Request for:
An ordinance of the City of Eden Prairie, Minnesota amending City Code Chapter
2 and 11 by amending Section 2.26, 11.45 and 11.76 relating to the Board of
Adjustment and Appeals and variances, and adopting by reference City Code
EDEN PRAIRIE PLANNING COMMISSION MINUTES
August 8, 2011
Page 2
Chapter 1 and Sections 2.99 and 11.99 which, among other things, contain penalty
provisions.
The code change is incorporating the current variance language in the Minnesota
Statutes into City Code. Staff recommendation is for approval.
MOTION by Fyten, seconded by Wuttke, to close the public hearing. Motion
carried 5-0.
MOTION by Fyten, seconded by Wuttke, to recommend approval of the code
Amendment Variance Standards. Motion carried 5-0.
VII. PLANNERS' REPORT
Franzen stated there will be one variance request at the Planning Commission Meeting on
August 22.
VIII. MEMBERS' REPORT
IX. CONTINUING BUSINESS
X. NEW BUSINESS
XI. ADJOURNMENT
MOTION by Fyten, seconded by Wuttke, to adjourn the meeting. Motion carried
5-0.
There being no further business, the meeting was adjourned at 7:50 p.m.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda September 6, 2011
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.C.
Community Development: Resolution to approve City application to
Janet Jeremiah DEED for a forgivable loan to Rosemount-
David Lindahl Emerson in Eden Prairie.
Requested Action:
Move to: Adopt resolution authorizing application to the Department of Employment and Economic
Development (DEED) for a $500,000 forgivable loan to Rosemount-Emerson through
DEED's Minnesota Investment Fund(MIF).
Synopsis:
Emerson plans to invest about $24,000,000 to renovate their building at 12005 Technology Drive in Eden
Prairie. To help offset these costs they are pursuing a$500,000 forgivable loan(grant)through the
Department of Employment and Economic Development's (DEED) Minnesota Investment Fund(MIF).
This program requires the City to apply for the loan and behalf of the business and act as the conduit
between DEED and the business. DEED requires the City where the qualifying business is located to hold a
public hearing before submitting an application.
Background:
Emerson is a Fortune 500 company headquartered in Missouri and has over 129,000 employees worldwide. They
design and manufacture a variety of electronic equipment. One of their eight core business units, Emerson Process
Management, designs and manufactures control valves, regulators, and flow measurement devices and is
headquartered in Chanhassen.The flow division of Emerson Process Management is located in Eden Prairie at 12005
Technology Drive and has about 600 employees. The renovations in Eden Prairie will include additional offices and
improvements to the exterior of the building but will not expand the existing footprint.
Attachment:
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2011-
A RESOLUTION AUTHORIZING APPLICATION TO THE DEPARTMENT OF
EMPLOYMENT AND ECONOMIC DEVELOPMENT'S (DEED)MINNESOTA
INVESTMENT FUND (MIF) PROGRAM
BE IT RESOLVED that the City of Eden Prairie (Applicant) act as the legal sponsor for project(s)
contained in the Business and Community Development Application to be submitted on September 7,
2011 and that the Mayor and City Manager on bealf of the City are hereby authorized to apply to the
Department of Trade and Economic Development for funding of this project on behalf of the City of
Eden prairie.
BE IT FURTHER RESOLVED that the City of Eden Prairie has the legal authority to apply for
financial assistance, and the institutional, managerial, and financial capability to ensure adequate
construction, operation,maintenance and replacement of the proposed project for its design life.
BE IT FURTHER RESOLVED that the City of Eden Prairie has not incurred any costs and has not
entered into any written agreements to purchase property.
BE IT FURTHER RESOLVED that the City of Eden Prairie has not violated any Federal, State, or
local laws pertaining to fraud,bribery,kickbacks, collusion, conflict of interest or other unlawful or
corrupt practice.
BE IT FURTHER RESOLVED that upon approval of its application by the state,the City of Eden
Prairie may enter into an agreement with the State of Minnesota for the above-referenced project(s),
and that the City of Eden Prairie certifies that it will comply with all applicable laws and regulations
as stated in all contract agreements and described on the Compliance Section(S-7) of the Business
and Community Development Application.
AS APPLICABLE, BE IT FURTHER RESOLVED that the City of Eden Prairie has obtained credit
reports and credit information from Emerson—Rosemount. Upon review by the City of Eden Prairie
and its attorney, no adverse findings or concerns regarding,but not limited to,tax liens,judgments,
court actions, and filings with state, federal and other regulatory agencies were identified. Failure to
disclose any such adverse information could result in revocation or other legal action.
BE IT RESOLVED,by the City Council of the City of Eden Prairie, County of Hennepin,that the
Mayor and City Manager are hereby authorized to execute such agreements, and amendments thereto,
as are necessary to implement the project(s) on behalf of the applicant.
ADOPTED by the City Council of the City of Eden Prairie on this 6th day of September,
2011.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE:
SECTION: Payment of Claims September 6, 2011
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X.
Sue Kotchevar, Office of the Payment of Claims
City Manager/Finance
Requested Action
Move to: Approve the Payment of Claims as submitted (roll call vote)
Synopsis
Checks 211366—212011
Wire Transfers 4264—4277
City of Eden Prairie
Council Check Summary
9/6/2011
Division Amount Division Amount
General 301,060 601 Prairie Village Liquor 182,605
100 City Manager 40 602 Den Road Liquor 274,258
101 Legislative 5,269 603 Prairie View Liquor 192,029
102 Legal Counsel 36,909 605 Den Road Building 2,346
110 City Clerk 178 701 Water Fund 254,940
111 Customer Service 8,524 702 Sewer Fund 321,764
112 Human Resources 104 703 Storm Drainage Fund 52,806
113 Communications 7,822 Total Enterprise Funds 1,280,749
114 Benefits&Training 4,178
132 Housing and Community Services 16,630 803 Escrow Fund 21,202
133 Planning 299 804 100 Year History 1
136 Public Safety Communications 9,173 806 SAC Agency Fund 140,490
137 Economic Development 52 Total Agency Funds 161,693
151 Park Maintenance 75,916
152 Parks Capital Outlay 320 807 Benefits Fund 947,850
153 Organized Athletics 8,083 809 Investment Fund 1,088
154 Community Center 9,068 810 Workers Comp Insurance 118,913
156 Youth Programs 6,618 811 Property Insurance 84,522
157 Special Events 210 812 Fleet Internal Service 52,902
158 Senior Center 1,198 813 IT Internal Service 13,771
159 Recreation Administration 11,583 814 Facilities Capital ISF 97,548
162 Arts 16,681 815 Facilites Operating ISF 49,021
163 Outdoor Center 1,655 816 Facilites City Center ISF 89,918
164 Park Rental Facilities 50 817 Facilites Comm.Center ISF 76,802
167 CC-Youth Programs 1,581 Total Internal Service Funds 1,532,336
168 Arts Center 5,736
180 Police 25,773 Report Total 4,221,200
183 Emergency Preparedness 687
184 Fire 30,865
200 Engineering 12,761
201 Street Maintenance 455,549
202 Street Lighting 70,033
Total General Funds 1,124,603
301 CDBG 30,885
303 Cemetary Operation 13
304 Senior Board 100
308 E-911 832
309 DWI Forfeiture 414
312 Recycle Rebate 20,870
Total Special Revenue Funds 53,114
315 Economic Development 152
502 Park Development 3,143
509 CIP Fund 1,742
512 CIP Trails 1,054
520 Parks Referendum 9,931
521 Trails Referendum 5,239
522 Improvement Projects 2006 13,937
526 Transportation Fund 33,508
Total Capital Project Funds 68,705
City of Eden Prairie
Council Check Register
9/6/2011
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
211508 430,969 PEARSON BROTHERS INC Seal Coating Street Maintenance Seal Coating
211919 303,362 METROPOLITAN COUNCIL ENVIRONME MCES User Fee Sewer Utility-General MCES Monthly Fee
211881 271,200 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits Medical/Dental Premiums
211569 210,708 XCEL ENERGY Electric City Hall-CAM Monthly Utility
4266 206,689 CERIDIAN State Taxes Withheld Health and Benefits Taxes Wtihheld
211912 202,957 LEAGUE MN CITIES INS TRUST Insurance Property Insurance Property Insurance
4274 199,238 CERIDIAN State Taxes Withheld Health and Benefits Taxes Wtihheld
211403 162,944 CHARD TILING&EXCAVATING INC Improvements to Land Parks Referendum Flying Cloud Athletic Land Improvements
211482 139,085 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund Monthly SAC Charges
4264 129,415 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA
4277 126,101 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA
4270 112,452 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund Sales/Use Tax
211736 68,515 PRAIRIE ELECTRIC COMPANY Other Contracted Services Facilities Capital
211879 48,018 HANSEN THORP PELLINEN OLSON Other Contracted Services Park Maintenance
211905 35,614 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store
211969 33,246 SRF CONSULTING GROUP INC Deposits Escrow
211497 30,991 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant
211463 30,454 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store
211447 29,675 HENNEPIN COUNTY ACCOUNTS RECEI Right of Way&Easement Transportation Fund
211927 29,256 MINNESOTA DEPT OF HEALTH Miscellaneous Water Testing
211679 29,121 JOHNSON BROTHERS LIQUOR CO Transportation Prairie Village Liquor Store
212006 28,024 WIRTZ BEVERAGE MINNESOTA Transportation Den Road Liquor Store
211799 27,850 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating
211805 27,323 MAGNEY CONSTRUCTION INC Other Contracted Services Water Capital
211416 26,373 DIVERSE BUILDING MAINTENANCE Janitor Service Arts Center
211793 24,868 WIRTZ BEVERAGE MINNESOTA Transportation Den Road Liquor Store
211494 22,125 MINNETONKA TITLE Other Contracted Services Rehab
211562 22,102 WIRTZ BEVERAGE MINNESOTA Liquor Prairie Village Liquor Store
211850 21,817 DIVERSE BUILDING MAINTENANCE Janitor Service Park Shelters
212007 20,973 WIRTZ BEVERAGE MINNESOTA BEER Beer Den Road Liquor Store
211377 20,870 ALLIED WASTE SERVICES#894 Other Contracted Services Recycle Rebate
211951 20,719 QUALITY WINE&SPIRITS CO Liquor Prairie View Liquor Store
211875 20,599 GREGERSON ROSOW JOHNSON&NILA Legal Legal Council
211420 20,444 ELK RIVER Autos General Government-Fixed Asset
211470 20,326 LAVAN FLOOR COVERING Other Contracted Services Facilities Capital
211815 20,167 ABM JANITORIALSERVICES-NORTH C Janitor Service City Hall-CAM
211519 19,455 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store
4268 19,428 ING Deferred Compensation General Fund
4276 18,924 ING Deferred Compensation General Fund
211769 18,767 THORPE DISTRIBUTING Beer Den Road Liquor Store
211563 15,972 WIRTZ BEVERAGE MINNESOTA BEER Beer Den Road Liquor Store
211943 15,855 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store
4267 15,618 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund
4275 15,598 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund
212000 15,316 WENCK ASSOCIATES INC Design&Engineering Storm Drainage
211794 15,162 WIRTZ BEVERAGE MINNESOTA BEER Misc Taxable Prairie View Liquor Store
211849 15,138 DISPLAY ARTS Other Contracted Services Environmental Education
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
211428 14,903 FINLEY BROS INC Improvements to Land Park Acquisition&Dev Fixed A
211982 14,693 THORPE DISTRIBUTING Beer Den Road Liquor Store
211458 14,160 JJ TAYLOR DISTRIBUTING MINNESO Transportation Den Road Liquor Store
211899 13,860 JJ TAYLOR DISTRIBUTING MINNESO Transportation Den Road Liquor Store
211984 13,064 TRAFFIC CONTROL CORPORATION Improvement Contracts Improvement Projects 2006
211673 12,984 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store
211480 12,537 METRO ELEVATOR INC Building Repair&Maint. Water Treatment Plant
211830 12,306 BONNER&BORHART LLP Legal Legal Criminal Prosecution
211942 12,291 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store
211873 12,280 GRAYMONT Treatment Chemicals Water Treatment Plant
211944 12,217 PRAIRIEVIEW RETAIL LLC Utilities Prairie View Liquor Store
211649 12,210 GRAYMONT Treatment Chemicals Water Treatment Plant
211741 11,921 QUALITY WINE&SPIRITS CO Wine Domestic Den Road Liquor Store
211542 11,892 THORPE DISTRIBUTING Beer Den Road Liquor Store
211846 11,680 DAY DISTRIBUTING Beer Den Road Liquor Store
211557 10,704 WENGER CORPORATION Capital Under$10,000 Theatre Initiative
211511 10,639 PHILLIPS WINE AND SPIRITS INC Transportation Prairie Village Liquor Store
211892 10,583 HOUSE OF PRINT Printing Community Brochure
211622 9,918 DAY DISTRIBUTING Misc Taxable Den Road Liquor Store
211638 9,848 FIRECATT LLC Equipment Testing/Cert. Fire
211836 9,820 CENTERPOINT ENERGY SERVICES IN Gas Water Treatment Plant
211763 9,417 STREICHERS Training Supplies Police
211671 9,390 JEFFERSON FIRE&SAFETY INC Small Tools Fire
211597 9,364 BIFFS INC Waste Disposal Park Maintenance
212003 9,346 WINE MERCHANTS INC Transportation Den Road Liquor Store
211366 9,308 LIFE INSURANCE COMPANY OF NORT Life Insurance EE/ER Health and Benefits
211440 9,132 GRAYMONT Treatment Chemicals Water Treatment Plant
211576 8,516 ACTION FLEET INC Autos Police-Fixed Asset
211817 8,370 ALTERNATIVE BUSINESS FURNITURE Capital Under$10,000 FF&E-Furn,Fixtures&Equip.
211730 8,341 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store
211553 8,322 VTI Other Assets Facilities Capital
211411 8,156 DAY DISTRIBUTING Beer Prairie Village Liquor Store
211516 7,750 PROP Other Contracted Services Housing and Community Service
211693 7,421 MACHTEMES CONSTRUCTION INC Improvement Contracts Water Capital
211453 7,122 HOFF,BARRY&KOZAR,P.A. Legal Legal Council
211617 7,060 COMPAR INC Other Hardware IT Operating
211623 6,995 DEMAND&PRECISION PARTS Other Assets Park Maintenance
211852 6,913 DPC INDUSTRIES INC Treatment Chemicals Water Treatment Plant
212011 6,893 XCEL ENERGY Other Contracted Services Facilities Capital
211798 6,487 XTREME INTEGRATION Repair&Maint.Supplies Police City Center
211530 6,250 SOUTHDALE YMCA YOUTH DEVELOPME Other Contracted Services Housing and Community Service
211728 6,245 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store
211955 6,000 RIGHTLINE DESIGN LLC Other Contracted Services Communications
211532 5,863 SOUTHERN WINE&SPIRITS OF MN Wine Imported Prairie View Liquor Store
211682 5,857 KAMIDA INC Other Assets Park Acquisition&Dev Fixed A
211703 5,727 MICRONICS Equipment Parts Water Treatment Plant
211704 5,525 MIDWEST ASPHALT CORPORATION Repair&Maint.Supplies Storm Drainage
211388 5,500 BELLBOY CORPORATION Misc Non-Taxable Prairie View Liquor Store
211709 5,367 MOBILE RADIO ENGINEERING INC Other Assets Public Safety Communications
211774 5,269 UNITED STATES CONFERENCE OF MA Dues&Subscriptions City Council
211616 5,182 COMMERCIAL ASPHALT CO Repair&Maint.Supplies Storm Drainage
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
211791 5,034 WINE MERCHANTS INC Transportation Prairie Village Liquor Store
211706 5,000 MINNESOTA MUNICIPAL BEVERAGE A Dues&Subscriptions Prairie Village Liquor Store
211787 5,000 WATER CONSERVATION SERVICES IN Other Contracted Services Water System Maintenance
211618 4,923 CORVAL CONSTRUCTORS INC Repair&Maint-Ice Rink Ice Arena Maintenance
211505 4,829 HEALTH ACTIVATION SERVICES Health&Fitness Fire
211559 4,828 WINE MERCHANTS INC Transportation Prairie View Liquor Store
211595 4,792 BELLBOY CORPORATION Transportation Prairie Village Liquor Store
211965 4,684 SOUTHERN WINE&SPIRITS OF MN Transportation Den Road Liquor Store
211959 4,650 SAXTON HEATING&AIR Other Contracted Services Rehab
211484 4,428 MIDWEST ASPHALT CORPORATION Patching Asphalt Street Maintenance
211442 4,413 GREENSIDE INC Contract Svcs-Lawn Maint. City Hall-CAM
211936 4,264 NORTHERN SAFETY TECHNOLOGY INC Machinery&Equipment Police
211575 4,140 A-SCAPE INC Contract Svcs-Lawn Maint. Den Bldg.-CAM
211421 4,098 ESS BROTHERS&SONS INC Repair&Maint.Supplies Sewer Capital
211577 4,005 AGGREGATE INDUSTRIES Asphalt Overlay Street Maintenance
211407 3,950 COURT SURFACES&REPAIR Seal Coating Park Maintenance
211382 3,781 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations-General
211785 3,758 WALL TRENDS INC Building Repair&Maint. Purgatory Creek Park
211401 3,734 CENTURYLINK Telephone IT Telephone
211827 3,704 BELLBOY CORPORATION Transportation Den Road Liquor Store
211918 3,605 METROPOLITAN AIRPORTS COMMISSI Other Rentals Flying Cloud Fields
211874 3,591 GREENSIDE INC Contract Svcs-Lawn Maint. Fire Station#1
211813 3,587 AAA STRIPING SERVICE CO Contracted Striping Traffic Signs
211367 3,582 MADISON NATIONAL LIFE Disability Ins Employers Health and Benefits
211570 3,505 YALE MECHANICAL INC Contract Svcs-HVAC Water Treatment Plant
211541 3,488 THERMASTOR PRODUCTS GROUP Building Repair&Maint. Water Treatment Plant
211540 3,477 TEAM LABORATORY CHEMICAL CORPO Repair&Maint.Supplies Sewer Liftstation
211456 3,333 HWY 5 BP Motor Fuels Fleet Operating
211402 3,317 CERIDIAN Ceridian IT Operating
211507 3,246 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store
211934 3,216 NILSSON,BETH Instructor Service Ice Rink#1
211694 3,184 MCELLIGOTT ADVERTISING INC Operating Supplies Police
211417 3,161 DPC INDUSTRIES INC Treatment Chemicals Water Treatment Plant
211762 3,037 STONESCAPES Other Contracted Services Street Maintenance
211368 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage Customer Service
211731 2,917 PICKUP SPECIALTIES Autos Fire-Fixed Assets
211448 2,888 HENNEPIN COUNTY TREASURER Board of Prisoner Police
211756 2,887 SOUTHERN WINE&SPIRITS OF MN Transportation Prairie View Liquor Store
211732 2,886 PINE PRODUCTS INC Landscape Materials/Supp Park Maintenance
211861 2,800 FILE OF LIFE FOUNDATION INC Printing Police
211619 2,775 COURT SURFACES&REPAIR Deposits Escrow
211637 2,632 FIRE SAFETY USA INC Repair&Maint.Supplies Fire
211779 2,620 VAN PAPER COMPANY Cleaning Supplies Public Works/Parks
211702 2,561 MICHAELSON,ELIZABETH H Operating Supplies Theatre Initiative
211939 2,522 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store
211909 2,520 KIDCREATE STUDIO Instructor Service Arts Center
211579 2,505 ALTERNATIVE BUSINESS FURNITURE Supplies-General Bldg City Hall-CAM
211790 2,502 WINE COMPANY,THE Transportation Den Road Liquor Store
211655 2,500 HEADWAY EMOTIONAL HEALTH SERVI Other Contracted Services Housing and Community Service
211997 2,479 WACONIA FARM SUPPLY Machinery&Equipment Park Maintenance
211385 2,403 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
211935 2,369 NORTHERN AIR CORPORATION Contract Svcs-Plumbing Fitness/Conference-Cmty Ctr
211838 2,319 CERIDIAN Ceridian IT Operating
211811 2,304 A-SCAPE INC Contract Svcs-Lawn Maint. Den Bldg.-CAM
211844 2,290 DAKOTA SUPPLY GROUP INC Merchandise for Resale Water Metering
211605 2,250 BRAUN INTERTEC CORPORATION Other Contracted Services Park Acquisition&Development
211723 2,223 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Fleet Operating
211376 2,205 AGGREGATE INDUSTRIES Repair&Maint.Supplies Storm Drainage
211708 2,117 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake
211780 2,004 VERIZON WIRELESS Wireless Subscription IT Operating
211764 2,000 STRONER,ELIZABETH Tuition Reimbursement/School Organizational Services
211777 1,914 USA MOBILITY WIRELESS INC Pager&Cell Phone Public Safety Communications
211885 1,907 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police
211888 1,903 HEUN ENTERPRISES,INC Liquor Den Road Liquor Store
211398 1,902 CDW GOVERNMENT INC. Other Assets CIP-Bonds
4269 1,878 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits
211896 1,856 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund
211436 1,824 GRAINGER Safety Supplies Fleet Operating
211993 1,818 VAN PAPER COMPANY C H Robinson-Cleaning Suppli City Hall-Direct Costs
211668 1,817 INNOVATIVE LANDSCAPE SUPPLY IN Grounds Maintenance Utility Operations-General
211370 1,710 US POSTMASTER Postage Water Accounting
211821 1,670 AQUA LOGIC INC Other Contracted Services Pool Maintenance
211383 1,662 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage
211666 1,559 ICERINK SUPPLY CO Contract Svcs-Ice Rink Ice Arena Maintenance
212009 1,557 WORK CONNECTION,THE Other Contracted Services Park Maintenance
211937 1,539 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Park Maintenance
211554 1,520 WALSER CHRYSLER JEEP Equipment Repair&Maint Fleet Operating
211705 1,493 MIDWEST COCA COLA BOTTLING COM Merchandise for Resale Concessions
211832 1,488 BOYER TRUCKS Equipment Parts Fleet Operating
211573 1,475 STAPLES ADVANTAGE Office Supplies Customer Service
211834 1,471 BRYAN ROCK PRODUCTS INC Gravel Sewer Capital
211782 1,421 VINOCOPIA Transportation Prairie View Liquor Store
211854 1,419 ECOLAB INC Contract Svcs-Pest Control Housing and Human Svcs
211661 1,389 HOHENSTEINS INC Beer Prairie View Liquor Store
211565 1,384 WORK CONNECTION,THE Other Contracted Services Park Maintenance
211796 1,375 WORK CONNECTION,THE Other Contracted Services Park Maintenance
211369 1,364 RICHFIELD,CITY OF Autos General Government-Fixed Asset
211414 1,362 LYNDALE PLANT SERVICES Contract Svcs-Garden Rm/Caf. City Hall-CAM
211669 1,334 J&R LARSON GROUNDS MAINTENAN Improvements to Land Park Acquisition&Dev Fixed A
211869 1,305 GOPHER STATE ONE-CALL OCS-Leak Detection Utility Operations-General
211444 1,300 HARLEY CONSULTING&COACHING Other Contracted Services Recreation Admin
211546 1,281 TRUE FABRICATIONS Operating Supplies Den Road Liquor Store
211406 1,280 COSTCO Operating Supplies Fire
211558 1,274 WINE COMPANY,THE Transportation Den Road Liquor Store
211650 1,265 HACH COMPANY Laboratory Chemicals Water Treatment Plant
212002 1,246 WINE COMPANY,THE Transportation Den Road Liquor Store
211611 1,209 CENTERPOINT ENERGY Gas Water Treatment Plant
211864 1,198 GARTNER REFRIGERATION&MFG IN Contract Svcs-HVAC Ice Arena Maintenance
211564 1,188 WM MUELLER AND SONS INC Gravel Sewer Capital
211681 1,173 KALLIGHER,ANDREA Tuition Reimbursement/School Organizational Services
211781 1,154 VESSCO INC Equipment Parts Water Treatment Plant
211525 1,150 ROBICHONS THE IN-LINE SKATE SC Instructor Service CC-Camps
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
211663 1,149 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance
211938 1,148 OUTDOORS AGAIN INC Other Contracted Services Park Maintenance
211422 1,117 EVENT SOUND&LIGHTING Other Rentals Summer Theatre
211549 1,113 VAN PAPER COMPANY Cleaning Supplies City Hall-CAM
211548 1,088 US BANK Interest Investment Fund
211426 1,080 FASTSIGNS Printing Summer Theatre
211672 1,080 JERDE,DEREK D Other Contracted Services Volleyball
211847 1,062 DEALER AUTOMOTIVE SERVICES INC Equipment Parts Fleet Operating
211862 1,059 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance
211393 1,010 BOLD,PAULINE Instructor Service Outdoor Center
211537 1,008 SURLY BREWING CO Beer Prairie Village Liquor Store
211533 1,005 SPORTS UNLIMITED Instructor Service Camps
211926 1,000 MINNESOTA DEPARTMENT OF NATURA Licenses,Permits,Taxes Storm Drainage
211719 998 NUMARA SOFTWARE INC Software Maintenance IT Operating
211890 990 HOME DEPOT CREDIT SERVICES Other Fuels-Propane/Fuel Oil Police City Center
211928 986 MINNESOTA ELEVATOR INC Contract Svcs-Elevator Fitness/Conference-Cmty Ctr
211748 962 SARAH PIERCE PHOTOGRAPHY Other Contracted Services Communications
211835 956 BUCK,NATHAN Other Contracted Services Softball
211929 955 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Storm Drainage
211491 936 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Water Accounting
211871 934 GRAND PERE WINES INC Transportation Prairie Village Liquor Store
211626 927 EMERGENCY APPARATUS MAINTENANC Equipment Repair&Maint Fire
211954 910 RAY,LEE Other Contracted Services Softball
211930 906 MINNESOTA PIPE AND EQUIPMENT* Repair&Maint.Supplies Water System Maintenance
211439 898 GRAPE BEGINNINGS Transportation Prairie Village Liquor Store
4271 897 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating
211699 865 METRO ATHLETIC SUPPLY Improvements to Land Park Acquisition&Dev Fixed A
211770 864 TKO WINES,INC Wine Imported Prairie View Liquor Store
212008 864 WOODLAND HILL VINEYARDS LLC Wine Domestic Prairie Village Liquor Store
211464 861 KEEPERS Clothing&Uniforms Fire
211967 860 SPECIALIZED ENVIRONMENTAL TECH Landscape Materials/Supp Park Maintenance
211648 844 GRAINGER Repair&Maint.Supplies Water Treatment Plant
211646 837 GODWIN,MARIE B Other Contracted Services Volleyball
211438 833 GRANICUS INC Software Maintenance IT Operating
211552 822 VINOCOPIA Transportation Den Road Liquor Store
211483 820 METROPOLITAN FORD Equipment Parts Fleet Operating
211701 813 METRO SALES INCORPORATED* Other Rentals Customer Service
211973 801 STREICHERS Clothing&Uniforms Police
211767 791 TESSMAN SEED CO Landscape Materials/Supp Street Maintenance
211842 761 COMPAR INC Other Assets Utility Operations-General
211684 758 KRISS PREMIUM PRODUCTS INC Repair&Maint.Supplies Ice Arena Maintenance
211396 756 BRYAN ROCK PRODUCTS INC Landscape Materials/Supp Park Maintenance
211925 750 MINNESOTA CLAY CO.USA Recreation Supplies Arts Center
211697 746 MENARDS Operating Supplies Park Maintenance
211727 731 PAUL'S TWO-WAY RADIO Other Contracted Services Public Safety Communications
211985 702 TRI COUNTY BEVERAGE&SUPPLY Misc Non-Taxable Den Road Liquor Store
211477 700 MCQUAY INTERNATIONAL Contract Svcs-Mgmt Fee Public Works/Parks
211520 680 CENTURYLINK Telephone IT Telephone
211971 680 STAR TRIBUNE MEDIA COMPANY LLC Employment Advertising Organizational Services
211624 675 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance
211592 655 BAUER BUILT TIRE AND BATTERY Repair&Maint.Supplies Emergency Preparedness
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
4265 645 CERIDIAN Garnishment Withheld General Fund
211970 625 STAPLES ADVANTAGE Office Supplies Police
211860 625 FASTENAL COMPANY Equipment Parts Fleet Operating
211404 624 CHISAGO LAKES DISTRIBUTING Beer Prairie Village Liquor Store
211631 612 FASTENAL COMPANY Operating Supplies Park Maintenance
211947 611 PROSOURCE SUPPLY Cleaning Supplies Fitness/Conference-Cmty Ctr
211980 605 TESSCO INC Equipment Parts Fleet Operating
211772 604 TRANSPORT GRAPHICS Repair&Maint.Supplies Fire
4273 597 CERIDIAN Garnishment Withheld General Fund
211995 595 VINOCOPIA Transportation Den Road Liquor Store
211707 595 MINNESOTA ROADWAYS CO Patching Asphalt Street Maintenance
211395 593 BROCK WHITE COMPANY LLC Building Materials Staring Lake
211766 588 SURLY BREWING CO Beer Prairie View Liquor Store
211784 582 VISTAR CORPORATION Merchandise for Resale Concessions
211467 580 LAMBERT,JAMES K Other Contracted Services Communications
211675 569 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant
211894 568 INFRATECH Repair&Maint.Supplies Storm Drainage
211972 567 STERICYCLE INC Equipment Repair&Maint Police
211580 567 AMARA WINES LLC Transportation Prairie Village Liquor Store
211658 565 HENNEPIN COUNTY I/T DEPT Equipment Repair&Maint Public Safety Communications
211733 562 PINNACLE DISTRIBUTING Misc Taxable Den Road Liquor Store
211528 555 SHAMROCK GROUP,INC-ACE ICE Transportation Den Road Liquor Store
211900 551 JOHN DEERE LANDSCAPES/LESCO Repair&Maint.Supplies Park Maintenance
211962 551 SHAMROCK GROUP,INC-ACE ICE Transportation Den Road Liquor Store
211696 549 MEDICINE LAKE TOURS Special Event Fees Trips
211753 542 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store
211647 540 GOVDELIVERY Software Maintenance IT Operating
211877 531 GYM WORKS Equipment Repair&Maint Fitness Center
211714 529 NEUMANN,NEAL Other Contracted Services Softball
211583 528 AMERITRAK Other Contracted Services Snow&Ice Control
211485 527 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store
211488 523 MINNESOTA CLAY CO.USA Operating Supplies Arts Center
211433 522 GETTMAN COMPANY Misc Taxable Prairie View Liquor Store
211758 519 STAPLES ADVANTAGE Office Supplies Customer Service
211659 517 HIGHWAY TECHNOLOGIES INC Seal Coating Street Maintenance
211895 513 INNOVATIVE LANDSCAPE SUPPLY IN Grounds Maintenance Utility Operations-General
211446 506 HD SUPPLY WATERWORKS LTD Equipment Parts Utility Operations-General
211572 500 DEICHERT,LYNN B. Other Contracted Services Staring Lake Concert
211998 495 WALL TRENDS INC Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr
211620 495 CUSTOM HEADSETS INC Capital Under$10,000 E-911 Program
211501 488 MYREN-MANBECK,LORI Accounts Receivable Community Center Admin
211598 482 BITUMINOUS ROADWAYS INC Deposits Escrow
211502 478 NAGARALE,ARUN Insurance Property Insurance
211660 477 HIRSHFIELD'S Repair&Maint.Supplies Water Treatment Plant
211816 476 AGGREGATE INDUSTRIES Improvement Contracts CIP Trails
211674 473 JOHN DEERE LANDSCAPES/LESCO Improvements to Land Capital Outlay Parks
211571 468 ZEP MANUFACTURING CO Equipment Parts Fleet Operating
211450 463 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire
211604 462 BOURGET IMPORTS Transportation Prairie View Liquor Store
211410 462 DALE GREEN COMPANY,THE Asphalt Overlay Street Maintenance
211578 455 ALEX AIR APPARATUS INC Equipment Testing/Cert. Fire
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
211429 450 FOWLER,JULIE V Instructor Service Arts Center
211641 450 FOWLER,JULIE V Instructor Service Arts Center
211866 449 GE CAPITAL Other Rentals Customer Service
211522 442 RAY,LEE Other Contracted Services Softball
211975 439 SURLY BREWING CO Beer Den Road Liquor Store
211625 437 DESAULNIERS,DAN Other Contracted Services Softball
211473 431 MALONE,TOM Instructor Service CC-Preschool Events
211870 430 GRAINGER Repair&Maint.Supplies Prairie View Liquor Store
211833 425 BRAUN INTERTEC CORPORATION Other Contracted Services Parks Referendum
211715 424 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store
211536 417 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
211441 414 GREATAMERICA LEASING CORP. Postage Customer Service
211415 414 DENNISON,GRACE Miscellaneous DWI Forfeiture
211465 404 KELLY,BERNADETTE Other Contracted Services Rehab
211639 404 FLANAGAN SALES,INC. Repair&Maint.Supplies Park Maintenance
211992 396 VALLEY NAT'L GASES-LOC 93 EMS Supplies Fire
211855 389 EDEN PRAIRIE MALL LLC Building Rental Police
211933 386 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store
211680 385 KAISER,DAVID S Equipment Repair&Maint Fitness Center
211590 380 BALLANTINE,NOELLE Other Contracted Services Teen Programs
211466 379 LAKE COUNTRY DOOR LLC Contract Svcs-Electrical City Hall-CAM
211645 376 GE CAPITAL Other Rentals Customer Service
211946 375 PROP United Way Withheld General Fund
211692 368 LUBRICATION TECHNOLOGIES INC Lubricants&Additives Fleet Operating
211474 360 MANDEL,MELISSA Instructor Service Arts Center
211539 360 TAYLOR,EMILY Instructor Service Arts Center
211953 360 R&R SPECIALTIES OF WISCONSIN Conference Expense Facilities Staff
211809 350 4 EVER EXERCISE EQUIPMENT REPA Equipment Repair&Maint Police
211734 345 PITNEY BOWES Postage Customer Service
211543 345 TKO WINES,INC Wine Imported Prairie Village Liquor Store
211857 345 ELIASON,STEVE J Other Contracted Services Softball
211534 339 STAPLES ADVANTAGE Office Supplies Customer Service
211545 337 TRI COUNTY BEVERAGE&SUPPLY Misc Non-Taxable Prairie View Liquor Store
211893 334 IND SCHOOL DIST 272 Other Rentals Theatre Initiative
211408 334 CUB FOODS EDEN PRAIRIE Program Trips Outdoor Center
211718 333 NOURAEE,CYRUS Other Contracted Services Teen Programs
211789 332 WILLIAMS,COLIN Other Contracted Services Teen Programs
211412 327 DE LAGE LANDEN FINANCIAL SERVI Other Rentals Customer Service
211451 324 HENRY,PAUL Other Contracted Services Volleyball
211392 322 BLOOMINGTON SECURITY SOLUTIONS Supplies-Electrical City Hall-CAM
211979 319 TEFLER LAWN&LANDSCAPING Other Contracted Services Park Maintenance
211712 317 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
211974 316 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
211606 314 BROADWAY RENTAL EQUIPMENT CO Other Rentals Emergency Preparedness
211380 311 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store
211845 308 DALE GREEN COMPANY,THE Asphalt Overlay Street Maintenance
211469 306 LANO EQUIPMENT INC Equipment Parts Fleet Operating
211581 303 AMERICAN BOTTLING COMPANY,THE Misc Non-Taxable Prairie View Liquor Store
211720 300 NUTRITIONAL WEIGHT&WELLNESS Other Contracted Services Organizational Services
211978 300 TAYLOR,EMILY Instructor Service Arts Center
211459 300 JOHN DEERE LANDSCAPES/LESCO Repair&Maint.Supplies Storm Drainage
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
211771 299 TONJES,MADDELYN Other Contracted Services Teen Programs
211804 299 ZOELLNER,MARK Other Contracted Services Softball
211916 299 MCGREGOR,RANDY Other Contracted Services Softball
211621 297 DAVANNI'S PIZZA Merchandise for Resale Concessions
211476 296 MASS BAR-MATE CORP Transportation Den Road Liquor Store
211418 295 DSO ARCHITECTURE INC Other Contracted Services Den Road Building
211880 293 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Park Maintenance
211390 290 BIFFS INC Other Rentals Park Maintenance
211825 286 BDS Contract Svcs-Electrical Fire Station#1
211952 283 QUICKTURN DUPLICATION LLC Video&Photo Supplies Safety Camp
211603 281 BOUND TREE MEDICAL LLC EMS Supplies Fire
211958 280 ROBB,NICOLAS R Other Contracted Services Teen Programs
211856 280 EDINA,CITY OF Other Contracted Services Communications
211492 280 MINNESOTA VALLEY ELECTRIC COOP Electric Fredrick Miller Spring
211923 275 MILLARD,CHRIS Tuition Reimbursement/School Police
211449 274 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning
211683 273 KEEPERS Training Supplies Police
211920 272 MIDWEST ASPHALT CORPORATION Waste Blacktop/Concrete Street Maintenance
211977 270 TACKMIER,KARIE Other Contracted Services Volleyball
211828 270 BIFFS INC Waste Disposal Park Maintenance
211481 269 METRO SALES INCORPORATED* Equipment Repair&Maint IT Operating
211822 268 ASPEN CARPET CLEANING Other Contracted Services Den Road Liquor Store
211716 266 NORTHLAND CHEMICAL CORP Equipment Parts Fleet Operating
211999 266 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating
211745 263 RIGHTWAY GLASS INC Equipment Repair&Maint Fleet Operating
211932 263 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
211957 263 ROBB,ERIN Other Contracted Services Teen Programs
211399 262 CENTERPOINT ENERGY Gas Prairie View Liquor Store
211503 259 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store
211837 257 CENTURYLINK Telephone E-911 Program
211437 252 GRAND PERE WINES INC Transportation Den Road Liquor Store
211443 250 HACH COMPANY Tuition Reimbursement/School Utility Operations-General
211496 250 MN RURAL WATER ASSOCIATION Tuition Reimbursement/School Water Treatment Plant
211601 250 BOLD,PAULINE Instructor Service Outdoor Center
211724 250 OLSON,HEATHER Accounts Receivable Community Center Admin
211913 246 LEXISNEXIS Other Contracted Services Police
211664 245 HORIZON CPO SEMINARS Conference Expense Pool Maintenance
211375 244 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Senior Center Programs
211614 241 CHARLEY,ANGELA Other Contracted Services Teen Programs
211755 241 SKOBOV,NIKITA Other Contracted Services Teen Programs
211976 240 SWEET OCCASIONS FOR YOU Other Rentals Staring Lake Concert
211812 238 AAA LAMBERTS LANDSCAPE PRODUCT Repair&Maint.Supplies Sewer System Maintenance
211872 237 GRAPE BEGINNINGS Transportation Den Road Liquor Store
211783 235 VINUP,HALEY Other Contracted Services Teen Programs
211757 233 SPS COMPANIES Repair&Maint.Supplies Park Maintenance
211547 232 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance
211555 226 WATER CONSERVATION SERVICES IN Other Contracted Services Water System Maintenance
211839 224 CLAREYS INC Office Supplies Customer Service
211721 224 O'REILLY AUTOMOTIVE INC Equipment Parts Fleet Operating
211432 223 GE CAPITAL Other Rentals Customer Service
211667 223 IDEAL SERVICE INC Equipment Repair&Maint Water Wells
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
211435 221 GRAFIX SHOPPE Equipment Parts Fleet Operating
211889 221 HIRSHFIELD'S Repair&Maint.Supplies Utility Operations-General
211824 221 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating
211487 217 MINNESOTA ATHLETIC APPAREL Clothing&Uniforms Fire
211968 216 SPERR,MARK Other Contracted Services Volleyball
211841 213 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund
211921 211 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Den Road Liquor Store
211750 208 SCHWAB VOLLHABER LUBRATT SERVI Supplies-HVAC City Hall-CAM
211500 206 MTI DISTRIBUTING INC Landscape Materials/Supp Park Maintenance
4272 200 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits
211717 200 NORTON,NICHOLAS Other Contracted Services Teen Programs
211823 200 BATTERIES PLUS Supplies-Fire/Life/Safety Public Works/Parks
211690 198 LIU,TINA Other Contracted Services Teen Programs
211479 198 METRO ATHLETIC SUPPLY Operating Supplies Park Maintenance
211800 197 Z WINES USA LLC Transportation Den Road Liquor Store
211990 197 UNITED WAY United Way Withheld General Fund
211405 196 COMPRESSED AIR CONCEPTS LLLC Contract Svcs-General Bldg Public Works/Parks
211797 191 XCEL ENERGY Electric Outdoor Center
211751 191 SELL,NATALIE Other Contracted Services Teen Programs
211808 191 US POSTMASTER Postage Senior Center Admin
211394 190 BOURGET IMPORTS Transportation Den Road Liquor Store
211725 189 OVEN HEARTH WHOLESALE BAKERY Merchandise for Resale Concessions
211868 188 GETTMAN COMPANY Misc Taxable Den Road Liquor Store
211627 179 ESPRESSO MIDWEST INC Supplies-General Building City Center Operations
211636 179 FILTRATION SYSTEMS Supplies-HVAC Den Bldg.-CAM
211640 179 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police
211853 178 EARL F ANDERSEN INC Signs Storm Drainage
211966 178 SOUTHWEST SUBURBAN PUBLISHING- Legal Notices Publishing City Clerk
211897 177 INTERSTATE POWER SYSTEMS INC Equipment Parts Fleet Operating
211495 176 MIRACLE RECREATION EQUIPMENT C Repair&Maint.Supplies Homeward Hills Park
211419 174 EDINA REALTY RELOCATION AR Utility Water Enterprise Fund
211819 174 AMERICAN BOTTLING COMPANY,THE Misc Taxable Den Road Liquor Store
211628 172 EXTREME BEVERAGE Misc Taxable Prairie Village Liquor Store
211373 171 A-SCAPE INC Contract Svcs-Lawn Maint. Den Bldg.-CAM
211582 169 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store
211607 164 BROWNING,RYAN Other Hardware IT Operating
211653 162 HARMS,MOLLY Other Contracted Services Volleyball
211454 161 HOLMES,TOM Other Contracted Services Softball
211662 161 HOLMES,TOM Other Contracted Services Softball
211859 161 FALCK,TIMOTHY R Other Contracted Services Softball
211961 160 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Operating
211988 160 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance
211584 160 ANDERSON LAKES ANIMAL HOSPITAL Other Contracted Services Animal Control
211423 159 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store
211427 158 FEDEX Postage Human Resources
211956 158 RIGHTWAY GLASS INC Equipment Repair&Maint Fleet Operating
211670 151 JASKULKE,TARYN L Other Contracted Services Teen Programs
211374 151 AAA LAMBERTS LANDSCAPE PRODUCT Repair&Maint.Supplies Water System Maintenance
211737 151 PRAIRIE EQUIPMENT COMPANY Equipment Parts Fleet Operating
211686 151 LANDS END CORPORATE SALES Clothing&Uniforms Police
211814 148 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Senior Center Programs
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
211472 148 MAHMUTOVIC,DZEVAD Mileage&Parking Facilities Staff
211924 143 MINN OFFICE OF ENTERPRISE TECH Other Contracted Services Police
211883 142 HEFFERAN,CINDI Mileage&Parking Day Care
211891 138 HORIZON COMMERCIAL POOL SUPPLY Repair&Maint.Supplies Pool Maintenance
211884 138 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering
211738 138 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
211752 137 SHAH,VIJAY Other Contracted Services Teen Programs
211689 135 LEROY JOB TRUCKING INC Other Contracted Services Animal Control
211613 132 CHARLES,JACKI Accounts Receivable Community Center Admin
211551 128 VESSCO INC Equipment Parts Water Treatment Plant
211810 128 440400-NCPERS MINNESOTA PERA Health and Benefits
211818 128 AMARA WINES LLC Transportation Den Road Liquor Store
211378 127 AMERICAN BOTTLING COMPANY,THE Misc Non-Taxable Den Road Liquor Store
211478 127 MENARDS Cleaning Supplies Utility Operations-General
211761 126 STONE,ERIC Other Contracted Services Teen Programs
212010 125 WYDRA,TEEGAN Mileage&Parking Tree Disease
211535 124 STREICHERS Clothing&Uniforms Police
211596 124 BERRETH,GRAYSON Other Contracted Services Teen Programs
211642 124 FREUDENBERG,JASON A Other Contracted Services Teen Programs
211801 123 ZEE MEDICAL SERVICE Operating Supplies Outdoor Center
211486 122 MILLER,KIRSTEN Accounts Receivable Community Center Admin
211843 122 CORBIN,ZACHARY Other Contracted Services Teen Programs
211746 122 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating
211948 121 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
211685 120 LAMERS,ANDREW Mileage&Parking Tree Disease
211371 120 WASHINGTON COUNTY SHERIFF'S DE Deposits Escrow
211434 119 GOLDEN VALLEY SUPPLY CO Supplies-General Bldg City Hall-CAM
211710 119 MOEN,ANNA Other Contracted Services Teen Programs
211907 118 KAISER,DAVID S Mileage&Parking Facilities Staff
211747 117 ROSENWINKEL,RICHARD Other Contracted Services Teen Programs
211765 115 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
211983 115 TKO WINES,INC Wine Imported Prairie Village Liquor Store
211379 113 AMERICAN SOLUTIONS FOR BUSINES Clothing&Uniforms Day Care
211430 113 FREY,LYNDELL Operating Supplies July 4th Celebration
211498 113 MORAN USA,LLC Transportation Den Road Liquor Store
211609 111 CALDWELL,JOSEPH C Other Contracted Services Teen Programs
211776 111 US BANK Other Contracted Services Health and Benefits
211887 108 HENRY,PAUL Other Contracted Services Volleyball
211945 108 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance
211994 108 VARLEY,VALERIE OLSON Other Contracted Services Volleyball
211591 108 BATTERIES PLUS Equipment Repair&Maint Public Safety Communications
211917 108 MENARDS Equipment Parts Fleet Operating
211695 108 MCQUAY INTERNATIONAL Contract Svcs-HVAC City Hall-CAM
211711 105 MRPA Special Event Fees Softball
211654 101 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Park Maintenance
211612 100 CHANGEMAKER Special Event Fees Senior Board
211652 100 HANIFF,JEFFREY Refunds Storm Drainage
211713 98 MYHRE,NIKKI Other Contracted Services Teen Programs
211754 98 SHAWD,MATT Other Contracted Services Teen Programs
211831 95 BOTTS,MATTHEW Other Contracted Services Teen Programs
211471 92 LIFT BRIDGE BREWERY Beer Prairie View Liquor Store
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
211656 92 HELGESON,BRAD Mileage&Parking General Community Center
211996 92 VINTAGE ONE WINES INC Transportation Den Road Liquor Store
211517 91 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
211986 90 TRUE FABRICATIONS Misc Taxable Den Road Liquor Store
211829 89 BOBBY&STEVE'S AUTO WORLD EDE Equipment Repair&Maint Police
211544 88 TOM'S WINDOW CLEANING Janitor Service-General Bldg Den Bldg.-CAM
211760 84 STEVENSON,ANDREW Other Contracted Services Teen Programs
211515 84 PRAIRIE OFFSET PRINTING Seal Coating Street Maintenance
211963 82 SHRED-IT Waste Disposal City Center Operations
211588 81 AT&T MOBILITY Pager&Cell Phone Water System Maintenance
211908 81 KARST,LAVONNE E Other Contracted Services Volleyball
211629 80 FAGNANT,SUSAN Instructor Service Outdoor Center
211820 78 AMERIPRIDE LINEN&APPAREL SER Janitor Service Prairie Village Liquor Store
211651 77 HAMES,SEAN Other Contracted Services Teen Programs
211602 77 BONES,DUSTIN Mileage&Parking Water Treatment Plant
211386 75 BECKER,LAUREN Other Contracted Services Staring Lake Concert
211538 75 SZCZEPANIAK,ADAM Other Contracted Services Staring Lake Concert
211475 74 MARGRON SKOGLUND WINE IMPORTS, Transportation Prairie View Liquor Store
211514 74 PRAIRIE LAWN AND GARDEN Operating Supplies Park Maintenance
211615 74 CL BENSEN COMPANY INC Equipment Repair&Maint Traffic Signals
211786 73 WALSER CHRYSLER JEEP Equipment Repair&Maint Fleet Operating
211643 73 G&K SERVICES-MPLS INDUSTRIAL Other Rentals Park Maintenance
211556 72 WEBER,ANNETTE Accounts Receivable Community Center Admin
211691 70 LIU,WEI Open Fees Ice Rink#1
211722 70 OEHRIG,ODEAN Other Contracted Services Teen Programs
211863 70 GARDEN&ASSOCIATES INC Other Contracted Services Police
211906 68 JOHNSTONE SUPPLY Supplies-General Bldg Park Shelters
211527 65 SEELER,RICHARD Refunds Storm Drainage
212001 65 WILLIAMS,COLIN Other Contracted Services Teen Programs
211635 65 FERRELLGAS Motor Fuels Fleet Operating
211431 64 FSH COMMUNICATIONS LLC Telephone Round Lake
211457 64 INDUSTRIAL FLOOR MAINTENANCE I Equipment Parts Fleet Operating
211499 64 MPX GROUP,THE Printing Police
211490 64 MINNESOTA DEPT OF HEALTH Tuition Reimbursement/School Water Treatment Plant
211876 62 GS DIRECT Operating Supplies Engineering
211960 62 SCHARBER&SONS Equipment Parts Fleet Operating
211922 60 MILIO'S SANDWICHES Merchandise for Resale Concessions
211991 60 UNIVERSITY OF MINNESOTA Conference Expense Storm Drainage
211867 59 GENERAL SPRINKLER Development Fire Permits General Fund
211513 57 POWERPLAN OIB Equipment Parts Fleet Operating
211778 56 UTING,TRAVIS Other Contracted Services Teen Programs
211523 55 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating
211914 52 LINDAHL,DAVID Mileage&Parking Economic Development
211851 52 DMX MUSIC Other Contracted Services Prairie Village Liquor Store
211735 51 POMP'S TIRE SERVICE INC Tires Fleet Operating
211384 50 BARRON COUNTY INCINERATOR Equipment Repair&Maint Police
211521 50 RANDY'S RUN Purgatory Creek Recreation Are Park Facilities
211593 49 BECKER,KATIE Mileage&Parking Playgrounds
211632 49 FEDEX KINKO'S OFFICE AND PRINT Advertising Den Road Liquor Store
211633 49 FEDEX KINKO'S OFFICE AND PRINT Advertising Prairie View Liquor Store
211634 49 FEDEX KINKO'S OFFICE AND PRINT Advertising Prairie Village Liquor Store
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
211381 49 ANONDSON,SAWYER Accounts Receivable Community Center Admin
211700 48 METRO FIRE Protective Clothing Fire
211989 48 UNIFORMS UNLIMITED Clothing&Uniforms Police
211512 47 POLHEMUS,HEATHER Accounts Receivable Community Center Admin
211687 47 LANO EQUIPMENT INC Equipment Parts Fleet Operating
211878 46 HAHN,MICHAEL J Other Contracted Services Softball
211882 46 HEALY,STEPHEN Other Contracted Services Softball
211911 45 LANDS END CORPORATE SALES Clothing&Uniforms Police
211743 44 RECREONICS Operating Supplies Pool Operations
211550 43 VERIZON WIRELESS Telephone E-911 Program
211424 40 FAGNANT,SUSAN Instructor Service Outdoor Center
211452 40 HICKMAN,JON Instructor Service Outdoor Center
211566 40 WORLD WIDE CELLARS INC Wine Imported Den Road Liquor Store
211657 40 HENDRICKS,MARK Deposits Community Center Admin
211749 40 SARLES,DONALD&KATHLEEN Deposits Community Center Admin
211802 40 ZHUANG,XUELIN Deposits Community Center Admin
211803 40 ZIEBOL,COLLEEN Deposits Community Center Admin
211915 39 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating
211397 37 CAWLEY COMPANY,THE Office Supplies Administration
211506 35 OLSON,BRAD Accounts Receivable Community Center Admin
211389 35 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General
211529 34 SMITH,SHERRY Open Fees Day Care
211848 34 DIRECTV Cable TV Community Center Admin
211489 32 MINNESOTA DEPARTMENT OF TRANSP Operating Supplies Engineering
211608 31 BURNETT KARLA Accounts Receivable Community Center Admin
211788 31 WEBER,ANNETTE Accounts Receivable Community Center Admin
211858 30 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store
211644 29 GARTON,EVERETT Mileage&Parking Tennis
211524 29 ROBERG,KATHERINE AR Utility Water Enterprise Fund
211425 26 FASTENAL COMPANY Equipment Repair&Maint Traffic Signals
211698 25 MENDOZA,INDRA Accounts Receivable Community Center Admin
211886 25 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning
211910 24 KRAEMERS HARDWARE INC Supplies-General Bldg 3rd Sheet of Ice
211526 23 SCHOENEK,RICHARD AR Utility Water Enterprise Fund
211409 23 DAHL,GAYLE Accounts Receivable Community Center Admin
211865 22 GARTON,EVERETT Mileage&Parking Tennis
211585 20 ANDERSON,KELLY M Deposits Community Center Admin
211586 20 ANNAE,UDAYA Deposits Community Center Admin
211589 20 BAILLIE,LINDA Accounts Receivable Community Center Admin
211600 20 BOLAND,BEVERLY D Deposits Community Center Admin
211630 20 FALTINSON,JULILE Deposits Community Center Admin
211688 20 LARSON,DOROTHY Deposits Community Center Admin
211726 20 PALADUGU,ANITHA Deposits Community Center Admin
211742 20 QUINN,SANDRA M Deposits Community Center Admin
211759 20 STENDER,JULIE Deposits Community Center Admin
211768 20 THOMPSON,KATIE Deposits Community Center Admin
211795 20 WOITTE,MARY Deposits Community Center Admin
211898 20 IPMA MINNESOTA Conference Expense Human Resources
211574 19 A TO Z RENTAL CENTER Repair&Maint.Supplies Fire
211493 17 MINNESOTA WANNER COMPANY Equipment Repair&Maint Park Maintenance
211504 17 NORCOSTCO Clothing&Uniforms Theatre Initiative
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
211413 15 DEANE,DEIRDRE Accounts Receivable Community Center Admin
211744 15 REEDSTROM,MARLIN Deposits Community Center Admin
211773 15 UHLER,KATHERINE Deposits Community Center Admin
211391 12 BLOODSAW,SHANA Accounts Receivable Community Center Admin
211455 12 HUNT,ANA MARIE Accounts Receivable Community Center Admin
211587 11 ARNDT,DALE Small Tools Fleet Operating
211775 10 UPS Equipment Repair&Maint Public Safety Communications
211599 10 BJORNLIE,VIRGINIA Accounts Receivable Community Center Admin
211981 10 THOMPSON,NANCY J Accounts Receivable Community Center Admin
211987 10 TRUEMPI,SHIRLEY Accounts Receivable Community Center Admin
211931 9 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods
211445 8 HAULCY,CEDRIC AR Utility Water Enterprise Fund
211665 6 HOWITZ,TERRY AR Utility Water Enterprise Fund
211840 2 COMCAST Other Contracted Services Police
4,221,200 Grand Total
CITY COUNCIL AGENDA DATE:
SECTION: Report of the City Manager September 6, 2011
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.B.1.
Office of the City Manager/ Resolution certifying proposed 2012 property tax
Finance, Sue Kotchevar levy, accepting proposed 2012 budget, setting
date(s) for public hearing(s), and consenting and
approving HRA tax levy
Requested Action
Move to adopt the resolution that:
• Certifies the proposed 2012 property tax levy to be $32,258,990; and
• Sets December 6th, 2011 as the meeting which will include discussion of the budget and
provide for public comment; and
• Accepts the proposed 2012 budget of$38,345,174; and
• Consents and approves the HRA tax levy of$200,000.
Synopsis
Minnesota Law and administration rules prescribe a detailed process for public notification and
participation in setting taxes and budgets of local governments. Cities must adopt a proposed net
property tax levy by September 15 and certify it to the county auditor. In addition, the City
Council must accept a proposed budget for the coming year.
The City must announce at this Council meeting the future time and date of the regularly
scheduled meetings at which the budget and levy will be discussed and public testimony taken.
The Council must adopt the final tax levy and budget by December 20.
Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. This
resolution gives the consent needed for the HRA.
Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2011-
A RESOLUTION ADOPTING THE CITY'S PROPOSED 2012 PROPERTY TAX
LEVIES,ACCEPTING A PROPOSED BUDGET FOR GENERAL OPERATIONS AND
TAX-SUPPORTED OBLIGATIONS FOR 2012,AND CONSENT AND
APPROVE THE 2012 HRA LEVY
WHEREAS, the City Council of the City of Eden Prairie has reviewed the City Manager's
recommended 2012 budget and tax levies; and
WHEREAS,the City Council has decided to accept these recommendations at this time.
NOW, THEREFORE,BE IT RESOLVED,that the City Council:
1. Establishes the following proposed taxes on real and personal property within the City of
Eden Prairie for the 2012 budget.
Levy on Tax Capacity $30,908,990
Levy on Market Value 1,350,000
Total LEVY $32,258,990
The proposed total Levy may not be exceeded when the City Council sets the final tax levy for
2012.
2. Accepts the 2012 proposed levy of$32,258,990 and proposed budget totaling$38,345,174 at
this time.
3. Consents and approves the 2012 HRA tax levy of$200,000.
ADOPTED by the City Council on September 6, 2011.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE:
SECTION: Report of the Community Development Director September 6, 2011
DEPARTMENT/DIVISION: ITEM DESCRIPTION: Approve the First ITEM NO.: XIV.C.1.
Community Development, Amended and Restated Lease Agreement for
Janet Jeremiah Historical Society Use and Improvement of the
Cummins-Grill House
Requested Action:
Motion to: Approve the First Amended and Restated Lease Agreement for Historical Society
Use and Improvement of the Cummins-Grill House
Synopsis:
The proposed lease amendment provides a definition and examples of"capital improvements",
clarifies which Department of Interior standards will be used to review proposed capital
improvements, and specifies that the City Manager or his designee will give any required City
approvals under the terms of the lease.
Background Information:
On March 9, 2010, the City approved a lease with the Eden Prairie Historical Society for use and
improvements to the Cummins Grill House. The lease indicates that the Historical Society must
receive City approval for any capital improvements to the property. The lease also states that
such improvements must be in accordance with Department of Interior standards for treatment of
historical properties.
The Historical Society has been seeking City approval for all improvements to the house
including installation of fixtures. While reviewing requests for improvements, City staff noted
that there are different Department of Interior standards depending upon whether the house is
being preserved, rehabbed, restored or reconstructed. Also, staff and the Historical Society
wondered whether objects that could be removed from the house, such as fixtures, should be
subject to the Department of Interior review standards and City approval. Finally, there has been
some question as to which staff person is responsible for approving various requests.
The proposed lease amendments clarify that only those improvements defined as "capital
improvements"need to be reviewed and approved by the City. Also, the Department of Interior
standards for rehabilitation of historical structures will be used. Finally, the City Manager or his
designee will be responsible for approving the requests.
Attachments:
> Proposed First Amended and Restated Lease Agreement—Redlined
➢ Proposed First Amended and Restated Lease Agreement—Clean
FIRST AMENDED AND RESTATED LEASE AGREEMENT
FOR USE AND IMPROVEMENT OF THE CU N INS-GRILL HOUSE
This First Amended and Restated Lease Agreement(hereinafter referred to as the "Restated
Lease") is a-made as of the 9h day of__M-afc-h , 2011 by and between City of Eden
Prairie, a municipal corporation under the laws of the State of Minnesota("City"), and Eden Prairie
Historical Society, a non-profit corporation organized under and pursuant to Minnesota Statutes,
Chapter 317,and presently governed by Minnesota Statutes,Chapter 317A("EPHS").
WHEREAS it is the goal of this Restated Lease to provide community use of the Cummins-
Grill House (House) and Grounds (collectively referred to herein as CGH) located at 13600 Pioneer
Trail,Eden Prairie, Minnesota and to protect and preserve the historic integrity of the CGH through
this Restated Lease between the City of Eden Prairie and the Eden Prairie Historical Society.
The Grounds are identified on the attached Exhibit A.
WHEREAS EPHS was designated by City in Resolution 977 as the official body for City for
the purpose of collecting historical information and artifacts and the dissemination and publication of
historical information relating to the history and development of Eden Prairie.
WHEREAS the CGH was added to the National Registers of Historic Places in 1982.
WHEREAS City and EPHS desire to enter into this Restated Lease whereby EPHS leases the
CGH from City for the purpose of maintaining public access to the CGH through historically related
programming and educational tours and for other events sponsored by the EPHS.
WHEREAS the City and EPHS are parties to that certain Lease Agreement For Use and
Improvement of the Cummins-Grill House dated March 9,2010(the"Lease"); and
WHEREAS the City and EPHS mutually desire to modify the Lease on the terms and
conditions set forth herein.
NOW THEREFORE,the parties mutually agree:
1. Term: Rent.
a. Initial Term.
City hereby leases CGH for a term of five (5) years commencing on April 1, 2010,
and terminating on March 31, 2015 unless extended or sooner terminates as
hereinafter provided. EPHS shall pay to City as and for Base Rent for the CGH annual
rental of$1.00 per year. Said annual rental shall be paid in advance on the first day
of April each year during the term of this Restated Lease at the address of the City
as hereinafter set forth or such other place as the City may, from time to time,
designate in writing, commencing on the 1st day of April, 2010. All other
obligations of EPHS hereunder shall be paid in addition to the rental established by
this section.
b. Renewal Option.
Subject to the terms provided herein, and provided EPHS is not in default as
provided in this Restated Lease, including a default as set forth in subparagrpah 2
(b) hereof, CHG shall have one (1) option to extend the term of this Restated Lease
for a period of five (5) years ("Renewal Option"). The Renewal Option granted to
EPHS in this Restated Lease is personal to EPHS and may be exercised only by
EPHS. The Renewal Option herein granted to EPHS is not assignable, separate and
apart from this Restated Lease, nor may the Renewal Option be separated from this
Restated Lease in any manner, whether by reservation or otherwise. The Renewal
Option shall be exercised, if at all, by written notice delivered by EPHS to City not
later than six (6) months prior to the end of the initial term of this Restated Lease
together with a new five year plan detailing its plans for programming at CGH
during the Renewal Option Term. Provided EPHS is not in default under this
Restated Lease and has properly and timely exercised the Renewal Option, the
initial term of this Restated Lease shall be extended by the Renewal Option Term,
and all terms, covenants and conditions of the Restated Lease shall remain
unmodified and in full force except the new five year plan submitted for the
Renewal Option shall be subsitituted for the Plan referred to in subparagraph 2 (b). -
2. Use of CGH.
a. Subject subparagraph 2 (d), EPHS may use the CGH for the purpose of
maintaining public access to the CGH through historically related programming and
educational tours and other events sponsored by the EPHS. EPHS use of the CGH
shall at all times be consistent with and in support of the historical nature of the CGH.
The EPHS will provide all programming supplies for programs under its direction or
the direction of others, including tools and amenities such as food preparation
equipment, cleaning supplies, brooms, pitchers, coffee makers, etc. The EPHS shall
control catering and food use inside the CGH. Subject to subparagraph 2 (c) EPHS
may enter into agreements with other persons or entities for the use of the CGH
provided such use is in furtherance of the EPHS's purpose of maintaining public access
to the CGH through historically related programming and educational tours. Subject to
written approval of City, which approval is within the sole discretion of City, EPHS
may rent the CGH for special events such as private meetings or social gatherings so
long as the rental income derived by EPHS is used to support the operations and
programs of the EPHS. EPHS shall not perform any acts or carry on any practices
which may injure the CGH. No event shall be held by or through EPHS at which it is
anticipated that more than 30 people will attend on a date on which City has
scheduled an event at the Staring Lake Park without prior written permission from
City.
b. EPHS shall submit to City no later than April 1, 2010, a five year plan ("Plan")
detailing its plans for programming at the CGH. Upon submission of the Plan to City,
the Plan shall be initialed by both EPHS and City and attached to this Restated Lease
as an addendum. Failure of CGH to make progress on fulfillment of the Plan, as
determined by City in its sole discretion, shall be a default under this Restated
Lease.
c. 50% of Net Revenue generated by EPHS pursuant to subparagraph 2 (c) shall be
placed into a capital improvement fund to be used to pay to pay a portion of the costs of
alterations, renovations or improvements undertaken by EPHS pursuant to paragraph
7. All capital improvement expenditures by EPHS shall be made only after written
approval from City. Net Revenue is defined as all proceeds from programming and
rental activities undertaken by EPHS at CGH minus all expenses related to such
programming and rental.
For purposes of this Restated Lease a capital improvement is the addition
of a permanent structural improvement or the restoration of some aspect of
the CGH that will either enhance the overall value or increases the useful
life of the CGH. Examples of capital improvements are:
• installing new doors or windows or replacing doors and windows
• replacing a roof
• installing an air conditioning or ventilation system
• installing a fire suppression system or a burglar alarm system
• replacing or upgrading plumbing, electrical and sewer services
• installing or altering walls, ceilings and stairways.
Examples of items that are not capital improvements are:
• wallpapering and painting
• caulking seams
• repairing a roof
• mending plaster
• tuck pointing
• installing light fixtures, plumbing fixtures, appliances and
furnishings that are not integral to the building structure and do not
require alterations to the walls, ceiling, HVAC or
electrical/plumbing systems.
d. The area of the Grounds available for use by EPHS pursuant to this Restated
Lease is identified on Exhibit A. The outbuildings are not included in the
area available for use by the EPHSH. The Grounds are subject to
management by City pursuant to that certain Cultural Landscape Management
Plan dated 2009, as the same may be amended from time to time. The EPHS's
use of the Grounds shall not damage or interfere with the development or
establishment of the Cultural Landscape Management Plan. No personal
property shall be stored or placed on the Grounds without the prior written
consent of City.
3. Promotion and Marketing: EPHS will comply with all city, state and federal laws, codes
and ordinances when displaying or distributing marketing and promotional materials. EPHS
will be responsible for the design and production of promotional and marketing materials.
City may display EPHS promotional materials where possible and appropriate. EPHS will
provide program information to the City for possible inclusion in City produced and
distributed promotional materials.
4. Exclusive Lease: This lease to EPHS is exclusive. EPHS will control access to and use of
the CGH subject to the terms of paragraph 14 hereof.
5. Building Contents: EPHS shall provide all furniture, fixtures, interior finishing items and
equipment in the CGH.
6. Insurance: City shall, subject to the consent of its insurer, continue to list the CGH in its
"Schedule of Covered Property" on its Comprehensive Municipal Property and Casualty
Coverage insurance policy. City shall also request that its insurer adds EPHS,its members,
officers, and volunteers as either an additional insured or confirm that they are a "covered
party" under its Comprehensive Municipal Coverage. EPHS shall name City as an additional
insured on any property and casualty coverage and comprehensive liability insurance
policy it obtains.
7. Alteration or Improvement of CGH. EPHS may not alter, renovate or improve the CGH
without the prior written consent of City. All alterations, renovations or improvements
shall be made under the direct supervision and control of City. Any alterations, additions
and improvements which may be made or installed by the EPHS shall remain upon the CGH
and at the termination of this Restated Lease shall be surrendered with the CGH as a part
thereof. EPHS will finance and pay for capital improvements to the CGH in a manner which
isace compliant with the standards for treatment of historical properties adopted by the U.S.
Deparliiient of Interior codified in 36 CFR Part 68, utilizing the Rehabilitation standards
defined in 36 CFR Part 68.22(b) and set forth in 36 CFR Part 68.3(b), as the same may be
amended from time to time. City will cooperate with EPHS on approved capital
improvement projects desired by EPHS, but City will not be required to contribute
monetarily to such improvement projects. EPHS agrees it will during the time any
alterations, renovations or improvements are being made to the CGH: (i) carry or cause the
contractor performing such alterations or improvements to carry public liability insurance in
an amount no less than $1,000,000 per occurrence and $2,000,000 in the aggregate and
(ii) comply with Minnesota's Workers' Compensation laws regulations and rules, including
Minnesota Statutes Chapter 176. EPHSEHPS will indemnify and save City harmless from
any and all liens for labor, materials and supplies which may arise by reason of any
alterations or improvements made by or at the request or on behalf of EPHS.
8. Maintenance. Repair. Replacement The City will maintain the foundation, slab, exterior
walls, roof, downspouts and gutters and structural elements of the CGH in good repair,
ordinary wear and tear excepted, and compliant with local building and occupancy codes,
consistent with property management practices for other City owned historic buildings.
EPHS shall maintain all other elements of the CGH. The City will provide housekeeping
custodial supplies to the CGH. EPHS will provide light maintenance and custodial duties
in the CGH.
9. Utilities and Services: City shall pay the cost for lawn care, snow removal, landscaping,
trash collection and disposal, natural gas, telephone and interne. City shall pay for
municipal water and sewer charges only if and when such utilities are extended to the
CGH. The cost of extending water and sewer to the CGH shall be the responsibility of
EPHS. Landscaping shall be performed pursuant to the City's Cultural Landscape
Management Plan on file in the office of the Director of Parks and Recreation. City shall
not be liable in damages or otherwise for failure to furnish such services where failure or
interruption is due to causes beyond City's reasonable control.
10. Surrender and Termination. On the last day of the term of this Restated Lease or on the
sooner termination hereof, the EPHS shall peaceably surrender the CGH in good condition
and repair, ordinary wear and tear excepted, consistent with the EPHS's duties to make
repairs as provided in Section 8 hereof
11 Eminent Domain. If the whole or any part of the leased CGH shall be taken by any public
authority under the power of eminent domain, or is sold to any entity having the power of
eminent domain under threat of condemnation, then the term of this Restated Lease shall
cease on the date possession shall be required for any public purpose.
12. Fire or Other Casualty. If the CGH is wholly or partly destroyed or damaged by fire or
other casualty, the EPHS shall have the right to terminate this Restated Lease, provided it
givesn written notice thereof to the City within ninety(90)days after such destruction.
13. Default If the EPHS shall default in the payment of any installment of Base or Additional
Rent, or in the observance or performance of any of EPHS's other covenants, agreements
or obligations hereunder, more than thirty (30) days after forwarding written notice of such
default to EPHS, in the manner provided for herein, if such default shall not have been cured
by EPHS, City shall have the right, upon the expiration of fifteen (15) days after written
notice of such intent is given to EPHS, to (i) terminate this Restated Lease, in which event
the Term hereof shall expire and terminate with the same force and effect as though the date
set forth in said notice were the date originally set forth herein and fixed for the expiration of
the Term, and/or (ii) re-enter the CGH and remove all persons and property therefrom and
have, regain, repossess and enjoy the CGH, anything herein to the contrary
notwithstanding, and EPHS hereby expressly waives the service of any additional notice in
writing of intention to reenter as aforesaid, and also all rights to restoration to possession of
the CGH after reentry or after judgment for possession thereof In case of any such
termination, EPHS will indemnify City against all loss for rents, storage costs for EPHS
property removed from the CGH and other damages which it may incur by reason of such
termination during the residue of the term of this Restated Lease, and also against all fees
and disbursements of counsel incurred in enforcing any of the terms of this Restated Lease.
14. City Access to CGH. City reserves the right to enter the CGH upon reasonable notice for the
purpose of assuring compliance by EPHS of all of the terms and provisions herein
contained or for the purpose of exercising rights of City otherwise provided by law.
15. Assignment or Subleasing. Except as allowed in paragraph 2 EPHS may not sublease the
CGH or assign this Restated Lease without the prior written consent of City provided
however in the event City grants its consent, no such subletting or assignment shall relieve
the EPHS of its duties and obligations hereunder.
16. Renewal. This Restated Lease shall not automatically renew. Prior to the expiration of
this Restated Lease City and EPHSEHPS may enter into an agreement for renewal of this
Restated Lease upon such same terms and conditions are agreed to at the time.
17. Subordination. The EPHS agrees that at City's election this Restated Lease shall be
subordinate to any indenture, land lease, mortgages or trust deeds, or other form of security
encumbrance now on or placed on the CGH and to any and all advances to be made
thereunder, and to the interests thereon, and all renewals, replacements, and extensions
thereof. The EPHS hereby appoints the City as its attorney-in-fact to execute such
documents as may be required to accomplish such subordination.
18. Amendment. Modification, or Waiver. No amendment, modification, or waiverier of
any condition, provision or term of this Restated Lease shall be valid or of any effect
unless made in writing, signed by the party or parties to be bound or by its duly authorized
representative, and specifying with particularity the extent and nature of such amendment,
modification, or waiver. Any waiver by any party of any default or another party shall not
affect or impair any right arising from any subsequent default.
19. Severable Provision. Each provision, section, sentence, clause, phrase, and word of this
Restated Lease is intended to be severable. If any provision, section, sentence, clause,
phrase or work hereof is illegal or invalid for any reason whatsoever, such illegality or
invalidity shall not affect the validity of the remainder of this Restated Lease.
20. Entire Agreement. This Restated Lease contains the entire understanding of the parties hereto
with respect to the transactions contemplated hereby and supersedes all prior agreements
and understandings between the parties with respect to such subject matter. No
representations, warranties, undertakings, or promises, whether oral, implied, written, or
otherwise,have been made by either party hereto to the other unless expressly stated in this
Restated Lease or unless mutually agreed to in writing between the parties hereto after the
date hereof, and neither party has relied on any verbal representations, agreements, or
understandings not expressly set forth herein.
21. Captions. Headings or Titles. All captions, headings, or titles in the sections of this
Restated Lease are inserted for convenience or reference only and shall not constitute a part
of this Restated Lease as a limitation of the scope of the particular sections to which they
apply.
22. Governing Law. This Restated Lease shall be construed and enforced in accordance with
the laws of the State of Minnesota.
23. Force Majeure. If the EPHS or City shall be delayed, or hindered, or prevented from the
performance of any act required hereunder by reason of riots, insurrection, war, or acts of
God, then performance of the act shall be excused for the period of delay, and the period for
performance shall be extended for a period equivalent to the period of delay.
24. Notices. Every notice, approval, consent or other communication authorized or required
by this Restated Lease, shall be effective if given in writing and sent by United States
registered or certified mail, return receipt requested,with postage pre-paid, and addressed to
City or EPHS at the following addresses or such other addresses as either party may, from
time to time, designate in writing. Any such notice shall be deemed given as of the date of
the postmark thereof
If to City: City of Eden Prairie
8080 Mitchell Road Eden Prairie,
MN 55344
If to EPHS: Eden Prairie Historical Society
Eden Prairie, MN 55344
25. City Approval. Unless otherwise specified herein, whenever approval of the City is required
under the terms of the Restated Lease,that approval shall be given by the City Manager or such person as
the City Manager designates in writing from time to time to give approval on behalf of the City.
IN WITNESS WHEREOF, the parties hereto have executed this Restated Lease the day
and year first above written.
CITY:
CITY OF EDEN PRAIRIE
By
Its Mayor
By
Its City ManagerAdministrator
EPHS:
EDEN PRAIRIE HISTORICAL SOCIETY
By
Its
By
Its
FIRST AMENDED AND RESTATED LEASE AGREEMENT
FOR USE AND IMPROVEMENT OF THE CUNIIVIINS-GRILL HOUSE
This First Amended and Restated Lease Agreement(hereinafter referred to as the"Restated
Lease") is made as of the day of_ , 2011 by and between City of Eden Prairie, a
municipal corporation under the laws of the State of Minnesota("City"), and Eden Prairie Historical
Society, a non-profit corporation organized under and pursuant to Minnesota Statutes, Chapter 317,
and presently governed by Minnesota Statutes,Chapter 317A("EPHS").
WHEREAS it is the goal of this Restated Lease to provide community use of the Cummins-
Grill House (House) and Grounds (collectively referred to herein as CGH) located at 13600 Pioneer
Trail,Eden Prairie, Minnesota and to protect and preserve the historic integrity of the CGH through
this Restated Lease between the City of Eden Prairie and the Eden Prairie Historical Society.
The Grounds are identified on the attached Exhibit A.
WHEREAS EPHS was designated by City in Resolution 977 as the official body for City for
the purpose of collecting historical information and artifacts and the dissemination and publication of
historical information relating to the history and development of Eden Prairie.
WHEREAS the CGH was added to the National Register of Historic Places in 1982.
WHEREAS City and EPHS desire to enter into this Restated Lease whereby EPHS leases the
CGH from City for the purpose of maintaining public access to the CGH through historically related
programming and educational tours and for other events sponsored by the EPHS.
WHEREAS the City and EPHS are parties to that certain Lease Agreement For Use and
Improvement of the Cummins-Grill House dated March 9,2010(the"Lease"); and
WHEREAS the City and EPHS mutually desire to modify the Lease on the terms and conditions set
forth herein.
NOW THEREFORE,the parties mutually agree:
1. Term: Rent.
a. Initial Term.
City hereby leases CGH for a term of five (5) years commencing on April 1, 2010,
and terminating on March 31, 2015 unless extended or sooner terminated as
hereinafter provided. EPHS shall pay to City as and for Base Rent for the CGH annual
rental of$1.00 per year. Said annual rental shall be paid in advance on the first day
of April each year during the term of this Restated Lease at the address of the City
as hereinafter set forth or such other place as the City may, from time to time,
designate in writing, commencing on the 1st day of April, 2010. All other
obligations of EPHS hereunder shall be paid in addition to the rental established by
this section.
b. Renewal Option.
Subject to the terms provided herein, and provided EPHS is not in default as
provided in this Restated Lease, including a default as set forth in subparagrpah 2
(b) hereof, CHG shall have one (1) option to extend the term of this Restated Lease
for a period of five (5) years ("Renewal Option"). The Renewal Option granted to
EPHS in this Restated Lease is personal to EPHS and may be exercised only by
EPHS. The Renewal Option herein granted to EPHS is not assignable, separate and
apart from this Restated Lease, nor may the Renewal Option be separated from this
Restated Lease in any manner, whether by reservation or otherwise. The Renewal
Option shall be exercised, if at all, by written notice delivered by EPHS to City not
later than six (6) months prior to the end of the initial term of this Restated Lease
together with a new five year plan detailing its plans for programming at CGH
during the Renewal Option Term. Provided EPHS is not in default under this
Restated Lease and has properly and timely exercised the Renewal Option, the
initial term of this Restated Lease shall be extended by the Renewal Option Term,
and all terms, covenants and conditions of the Restated Lease shall remain
unmodified and in full force except the new five year plan submitted for the
Renewal Option shall be subsitituted for the Plan referred to in subparagraph 2 (b).
2. Use of CGH.
a. Subject subparagraph 2 (d), EPHS may use the CGH for the purpose of
maintaining public access to the CGH through historically related programming and
educational tours and other events sponsored by the EPHS. EPHS use of the CGH
shall at all times be consistent with and in support of the historical nature of the CGH.
The EPHS will provide all programming supplies for programs under its direction or
the direction of others, including tools and amenities such as food preparation
equipment, cleaning supplies, brooms, pitchers, coffee makers, etc. The EPHS shall
control catering and food use inside the CGH. Subject to subparagraph 2 (c) EPHS
may enter into agreements with other persons or entities for the use of the CGH
provided such use is in furtherance of the EPHS's purpose of maintaining public access
to the CGH through historically related programming and educational tours. Subject to
written approval of City, which approval is within the sole discretion of City, EPHS
may rent the CGH for special events such as private meetings or social gatherings so
long as the rental income derived by EPHS is used to support the operations and
programs of the EPHS. EPHS shall not perform any acts or carry on any practices
which may injure the CGH. No event shall be held by or through EPHS at which it is
anticipated that more than 30 people will attend on a date on which City has
scheduled an event at the Staring Lake Park without prior written permission from
City.
b. EPHS shall submit to City no later than April 1, 2010, a five year plan ("Plan")
detailing its plans for programming at the CGH. Upon submission of the Plan to City,
the Plan shall be initialed by both EPHS and City and attached to this Restated Lease
as an addendum. Failure of CGH to make progress on fulfillment of the Plan, as
determined by City in its sole discretion, shall be a default under this Restated
Lease.
c. 50% of Net Revenue generated by EPHS pursuant to subparagraph 2 (c) shall be
placed into a capital improvement fund to be used to pay a portion of the costs of
alterations, renovations or improvements undertaken by EPHS pursuant to paragraph
7. All capital improvement expenditures by EPHS shall be made only after written
approval from City. Net Revenue is defined as all proceeds from programming and
rental activities undertaken by EPHS at CGH minus all expenses related to such
programming and rental.
For purposes of this Restated Lease a capital improvement is the addition
of a permanent structural improvement or the restoration of some aspect of
the CGH that will either enhance the overall value or increases the useful
life of the CGH. Examples of capital improvements are:
• installing new doors or windows or replacing doors and windows
• replacing a roof
• installing an air conditioning or ventilation system
• installing a fire suppression system or a burglar alarm system
• replacing or upgrading plumbing, electrical and sewer services
• installing or altering walls, ceilings and stairways.
Examples of items that are not capital improvements are:
• wallpapering and painting
• caulking seams
• repairing a roof
• mending plaster
• tuck pointing
• installing light fixtures, plumbing fixtures, appliances and
furnishings that are not integral to the building structure and do not
require alterations to the walls, ceiling, HVAC or
electrical/plumbing systems.
d. The area of the Grounds available for use by EPHS pursuant to this Restated
Lease is identified on Exhibit A. The outbuildings are not included in the
area available for use by the EPHS. The Grounds are subject to management
by City pursuant to that certain Cultural Landscape Management Plan dated
2009, as the same may be amended from time to time. The EPHS's use of the
Grounds shall not damage or interfere with the development or establishment
of the Cultural Landscape Management Plan. No personal property shall be
stored or placed on the Grounds without the prior written consent of City.
3. Promotion and Marketing: EPHS will comply with all city, state and federal laws, codes
and ordinances when displaying or distributing marketing and promotional materials. EPHS
will be responsible for the design and production of promotional and marketing materials.
City may display EPHS promotional materials where possible and appropriate. EPHS will
provide program information to the City for possible inclusion in City produced and
distributed promotional materials.
4. Exclusive Lease: This lease to EPHS is exclusive. EPHS will control access to and use of
the CGH subject to the terms of paragraph 14 hereof.
5. Building Contents: EPHS shall provide all furniture, fixtures, interior finishing items and
equipment in the CGH.
6. Insurance: City shall, subject to the consent of its insurer, continue to list the CGH in its
"Schedule of Covered Property" on its Comprehensive Municipal Property and Casualty
Coverage insurance policy. City shall also request that its insurer adds EPHS,its members,
officers, and volunteers as either an additional insured or confirm that they are a "covered
party" under its Comprehensive Municipal Coverage. EPHS shall name City as an additional
insured on any property and casualty coverage and comprehensive liability insurance
policy it obtains.
7. Alteration or Improvement of CGH. EPHS may not alter, renovate or improve the CGH
without the prior written consent of City. All alterations, renovations or improvements
shall be made under the direct supervision and control of City. Any alterations, additions
and improvements which may be made or installed by the EPHS shall remain upon the CGH
and at the termination of this Restated Lease shall be surrendered with the CGH as a part
thereof. EPHS will finance and pay for capital improvements to the CGH in a manner which
is compliant with the standards for treatment of historical properties adopted by the U.S.
Department of Interior codified in 36 CFR Part 68, utilizing the Rehabilitation standards
defined in 36 CFR Part 68.22(b) and set forth in 36 CFR Part 68.3(b), as the same may be
amended from time to time. City will cooperate with EPHS on approved capital
improvement projects desired by EPHS, but City will not be required to contribute
monetarily to such improvement projects. EPHS agrees it will during the time any
alterations, renovations or improvements are being made to the CGH: (i) carry or cause the
contractor performing such alterations or improvements to carry public liability insurance in
an amount no less than $1,000,000 per occurrence and $2,000,000 in the aggregate and
(ii) comply with Minnesota's Workers' Compensation laws regulations and rules, including
Minnesota Statutes Chapter 176. EPHS will indemnify and save City harmless from any
and all liens for labor, materials and supplies which may arise by reason of any alterations
or improvements made by or at the request or on behalf of EPHS.
8. Maintenance. Repair. Replacement The City will maintain the foundation, slab, exterior
walls, roof, downspouts and gutters and structural elements of the CGH in good repair,
ordinary wear and tear excepted, and compliant with local building and occupancy codes,
consistent with property management practices for other City owned historic buildings.
EPHS shall maintain all other elements of the CGH. The City will provide housekeeping
custodial supplies to the CGH. EPHS will provide light maintenance and custodial duties
in the CGH.
9. Utilities and Services: City shall pay the cost for lawn care, snow removal, landscaping,
trash collection and disposal, natural gas, telephone and interne. City shall pay for
municipal water and sewer charges only if and when such utilities are extended to the
CGH. The cost of extending water and sewer to the CGH shall be the responsibility of
EPHS. Landscaping shall be performed pursuant to the City's Cultural Landscape
Management Plan on file in the office of the Director of Parks and Recreation. City shall
not be liable in damages or otherwise for failure to furnish such services where failure or
interruption is due to causes beyond City's reasonable control.
10. Surrender and Termination. On the last day of the term of this Restated Lease or on the
sooner termination hereof, the EPHS shall peaceably surrender the CGH in good condition
and repair, ordinary wear and tear excepted, consistent with the EPHS's duties to make
repairs as provided in Section 8 hereof.
11 Eminent Domain. If the whole or any part of the leased CGH shall be taken by any public
authority under the power of eminent domain, or is sold to any entity having the power of
eminent domain under threat of condemnation, then the term of this Restated Lease shall
cease on the date possession shall be required for any public purpose.
12. Fire or Other Casualty. If the CGH is wholly or partly destroyed or damaged by fire or
other casualty, the EPHS shall have the right to terminate this Restated Lease, provided it
gives written notice thereof to the City within ninety(90)days after such destruction.
13. Default If the EPHS shall default in the payment of any installment of Base or Additional
Rent, or in the observance or performance of any of EPHS's other covenants, agreements
or obligations hereunder, more than thirty (30) days after forwarding written notice of such
default to EPHS, in the manner provided for herein, if such default shall not have been cured
by EPHS, City shall have the right, upon the expiration of fifteen (15) days after written
notice of such intent is given to EPHS, to (i) terminate this Restated Lease, in which event
the Term hereof shall expire and terminate with the same force and effect as though the date
set forth in said notice were the date originally set forth herein and fixed for the expiration of
the Term, and/or (ii) re-enter the CGH and remove all persons and property therefrom and
have, regain, repossess and enjoy the CGH, anything herein to the contrary
notwithstanding, and EPHS hereby expressly waives the service of any additional notice in
writing of intention to reenter as aforesaid, and also all rights to restoration to possession of
the CGH after reentry or after judgment for possession thereof. In case of any such
termination, EPHS will indemnify City against all loss for rents, storage costs for EPHS
property removed from the CGH and other damages which it may incur by reason of such
termination during the residue of the term of this Restated Lease, and also against all fees
and disbursements of counsel incurred in enforcing any of the terms of this Restated Lease.
14. City Access to CGH. City reserves the right to enter the CGH upon reasonable notice for the
purpose of assuring compliance by EPHS of all of the terms and provisions herein
contained or for the purpose of exercising rights of City otherwise provided by law.
15. Assignment or Subleasing. Except as allowed in paragraph 2 EPHS may not sublease the
CGH or assign this Restated Lease without the prior written consent of City provided
however in the event City grants its consent, no such subletting or assignment shall relieve
the EPHS of its duties and obligations hereunder.
16. Renewal. This Restated Lease shall not automatically renew. Prior to the expiration of
this Restated Lease City and EPHS may enter into an agreement for renewal of this
Restated Lease upon such same terms and conditions are agreed to at the time.
17. Subordination. The EPHS agrees that at City's election this Restated Lease shall be
subordinate to any indenture, land lease, mortgages or trust deeds, or other form of security
encumbrance now on or placed on the CGH and to any and all advances to be made
thereunder, and to the interests thereon, and all renewals, replacements, and extensions
thereof. The EPHS hereby appoints the City as its attorney-in-fact to execute such
documents as may be required to accomplish such subordination.
18. Amendment. Modification, or Waiver. No amendment, modification, or waiver of any
condition, provision or term of this Restated Lease shall be valid or of any effect unless
made in writing, signed by the party or parties to be bound or by its duly authorized
representative, and specifying with particularity the extent and nature of such amendment,
modification, or waiver. Any waiver by any party of any default or another party shall not
affect or impair any right arising from any subsequent default.
19. Severable Provision. Each provision, section, sentence, clause, phrase, and word of this
Restated Lease is intended to be severable. If any provision, section, sentence, clause,
phrase or work hereof is illegal or invalid for any reason whatsoever, such illegality or
invalidity shall not affect the validity of the remainder of this Restated Lease.
20. Entire Agreement. This Restated Lease contains the entire understanding of the parties hereto
with respect to the transactions contemplated hereby and supersedes all prior agreements
and understandings between the parties with respect to such subject matter. No
representations, warranties, undertakings, or promises, whether oral, implied, written, or
otherwise,have been made by either party hereto to the other unless expressly stated in this
Restated Lease or unless mutually agreed to in writing between the parties hereto after the
date hereof, and neither party has relied on any verbal representations, agreements, or
understandings not expressly set forth herein.
21. Captions. Headings or Titles. All captions, headings, or titles in the sections of this
Restated Lease are inserted for convenience or reference only and shall not constitute a part
of this Restated Lease as a limitation of the scope of the particular sections to which they
apply.
22. Governing Law. This Restated Lease shall be construed and enforced in accordance with
the laws of the State of Minnesota.
23. Force Majeure. If the EPHS or City shall be delayed, or hindered, or prevented from the
performance of any act required hereunder by reason of riots, insurrection, war, or acts of
God, then performance of the act shall be excused for the period of delay, and the period for
performance shall be extended for a period equivalent to the period of delay.
24. Notices. Every notice, approval, consent or other communication authorized or required
by this Restated Lease, shall be effective if given in writing and sent by United States
registered or certified mail, return receipt requested,with postage pre-paid, and addressed to
City or EPHS at the following addresses or such other addresses as either party may, from
time to time, designate in writing. Any such notice shall be deemed given as of the date of
the postmark thereof
If to City: City of Eden Prairie
8080 Mitchell Road Eden Prairie,
MN 55344
If to EPHS: Eden Prairie Historical Society
Eden Prairie, MN 55344
25. City Approval. Unless otherwise specified herein, whenever approval of the City is required
under the terms of the Restated Lease,that approval shall be given by the City Manager or such person as
the City Manager designates in writing from time to time to give approval on behalf of the City.
IN WITNESS WHEREOF, the parties hereto have executed this Restated Lease the day
and year first above written.
CITY:
CITY OF EDEN PRAIRIE
By
Its Mayor
By
Its City Manager
EPHS:
EDEN PRAIRIE HISTORICAL SOCIETY
By
Its
By
Its