Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
City Council - 09/20/2011
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, SEPTEMBER 20, 2011 CITY CENTER 4:30—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(4:30 p.m.) I. URBAN LAND INSTITUTE—NAVIGATING THE NEW NORMAL Open Podium - Council Chamber(6:30 p.m.) II. BRINN WITT—REQUEST TO KEEP CHICKENS III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, SEPTEMBER 20, 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. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. AWARD OF EXCELLENCE FROM THE MINNESOTA RECREATION AND PARKS ASSOCIATION FOR STARING LAKE OBSERVATORY V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 6, 2011 B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 6, 2011 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. 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) C. ADOPT RESOLUTION APPROVING FINAL PLAT OF GELCO SECOND ADDITION D. ADOPT RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF SPECIAL ASSESSMENT ROLL AND SETTING HEARING DATE CITY COUNCIL AGENDA September 20, 2011 Page 2 E. AWARD BIDS FOR SITE GRADING AND PERVIOUS PAVEMENT INSTALLATION AT BIRCH ISLAND WOODS CONSERVATION AREA F. AWARD BID FOR CONSTRUCTION OF RILEY LAKE ROAD - TRAIL EXTENSION PROJECT TO MINNESOTA DIRT WORKS G. ADOPT RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $6,220,000 GENERAL OBLIGATION CROSSOVER REFUNDING BONDS, SERIES 2011 AND CALL FOR A PUBLIC HEARING 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 68 acres, Site Plan Review on 68 acres and Preliminary Plat of 68 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. CERTIFICATE OF APPROPRIATENESS SMITH DOUGLAS MORE-DUNN BROTHERS X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Purchase Agreement for the Sale of Lot 1, Block 1, Dell Station 2. Recommendations for Funding Social Services Providers for 2012/2013 D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF CITY COUNCIL AGENDA September 20, 2011 Page 3 G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: September 16, 2011 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, September 20, 2011 TUESDAY, SEPTEMBER 20, 2011 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. 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. IV. PROCLAMATIONS /PRESENTATIONS A. AWARD OF EXCELLENCE FROM THE MINNESOTA RECREATION AND PARKS ASSOCIATION FOR THE STARING LAKE OBSERVATORY The Eden Prairie Parks and Recreation Department has been selected to receive an Award of Excellence from the Minnesota Recreation and Parks Association. The award is given for 2010 projects. Aimee Peterson, an Awards Committee member will present the Award of Excellence to the Eden Prairie City Council and City staff on September 20, 2011 for the Staring Lake Observatory. 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, SEPTMBER 6, 2011 B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 6, 2011 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS ANNOTATED AGENDA September 20,2011 Page 2 VIII. CONSENT CALENDAR MOTION: Move approval of items A-G on the Consent Calendar. A. CLERK'S LICENSE LIST B. 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) C. ADOPT RESOLUTION APPROVING FINAL PLAT OF GELCO SECOND ADDITION D. ADOPT RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF SPECIAL ASSESSMENT ROLL AND SETTING HEARING DATE E. AWARD BIDS FOR SITE GRADING AND PERVIOUS PAVEMENT INSTALLATION AT BIRCH ISLAND WOODS CONSERVATION AREA F. AWARD BID FOR CONSTRUCTION OF THE RILEY LAKE ROAD - TRAIL EXTENSION PROJECT TO MINNESOTA DIRT WORKS G. ADOPT RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF $6,220,000 GENERAL OBLIGATION CROSSOVER REFUNDING BONDS, SERIES 2011 AND CALL FOR A PUBLIC HEARING 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 68 acres, Site Plan Review on 68 acres and Preliminary Plat of 68 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: The project is 1,481,700 square feet of office to be constructed in 4 phases. Building 1: 256, 700 sf occupancy Q3 2013 Building 2: 341,700 sf occupancy Q3 2014 Building 3: 505,900 sf occupancy Q1 2015 Building 4: 347,400 sf occupancy Q2 2016 ANNOTATED AGENDA September 20,2011 Page 3 There is a 3 acre site on the north side of HWY 62 that is included for concept approval but not zoning or site plan approval at this time. Light Rail: The plan provides an area for the light rail station,parking, car access, pedestrian access, water quality and Watershed District stormwater management requirements for onsite retention and infiltration. UHG has agreed to dedicate proposed outlots D, E, F, and G to the City for light rail. Wetlands &Water Quality: UHG submitted a Wetland Permit Application to the Nine Mile Creek Watershed District on August 22, 2011. A stormwater management permit has not been submitted to the Watershed District. It is anticipated that the Wetland Permit Application, Wetland Mitigation Plan and Stormwater Management Plan will be reviewed by the Watershed District Board in October or November. Revisions may be required based on their review. A full list of the items that need to be addressed to satisfy City staff concerns regarding wetlands and water quality is included in Attachment A—Conditions of Approval (Wetlands and Water Quality). PUD Waivers: The plan requires waivers from the City code relating to height, setbacks, floor area, parking dimensions, landscaping, signs and wetlands. The potential benefits to the City for granting the waivers are preservation of a 15 acre wooded hill, an office campus with 6,700 hundred jobs in close proximity to the future light rail station, a compact building footprint that reduces impervious, and 85 % tree preservation. The waivers are listed in Attachment B — UHG Planned United Development Waivers. Transportation Improvements: The project is expected to generate 14,000 to 15,000 new vehicle trips a day. In order to support this level of traffic generation a number of Transportation Improvements have been identified that will be the responsibly of UHG. A complete list of the required improvements is provided in Attachment C -United Health Group Site Required Transportation Improvements. 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, subject to completing items A-T of the Planning Staff Report dated August 5, 2011. Of the remaining items to be completed the following are the most important. • Submittal and Approval of a Storm Water Management Plan including stormwater routing and infiltration. • Submittal of an approved Wetland Permit Application and Final Wetland Replacement Plan • Submittal and Approval of a Hydrological Analysis and Water Budget report for the project. ANNOTATED AGENDA September 20,2011 Page 4 MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 71 acres, subject to Attachment A, B, and C ; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Rural to Office on 68 acres, subject to Attachment A, B, and C; and • Adopt the Resolution for Preliminary Plat on 68 acres into 2 lots and 11 outlots subject to Attachment A, B, and C; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. B. CERTIFICATE OF APPROPRIATENESS SMITH DOUGLAS MORE-DUNN BROTHERS Official notice of this public hearing was published in the September 8, 2011,Eden Prairie News and sent to 80 property owners. Synopsis: The Smith-Douglas-More house was designated a Heritage Preservation Site on September 16, 1997. The property is also eligible for registration as a National Register of Historic Places property. A Certificate of Appropriateness (COA) is required to make any change in, on, or to a designated Heritage Preservation Site, including demolition. Any proposed change, addition or alteration to a building, structure or site must meet the Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. The City Council approves the Certificate of Appropriateness. The Certificate of Appropriateness approves the following three items: Shed: The City removed the existing workshop due to its dilapidated condition. The workshop was used to store trash containers, yard tools, etc. The need to replace the workshop with a smaller shed is necessary for secure storage of yard tools, mower, etc. (a new trash enclosure located behind the coffee store has already been approved). Gazebo: An outdoor seating amenity is requested to accommodate patrons who would like to be outside. The gazebo will incorporate the bell and cupola recovered from the workshop at the time of demolition. Parking Lot Expansion: Additional parking spaces have been a need since the coffee store opened. Space is now available to accommodate added parking in the area previously occupied by the workshop. Plans for parking would add 12 new spaces for a total of 39, including two handicap spaces near the main entrance. ANNOTATED AGENDA September 20,2011 Page 5 MOTION: Move to: • Close the Public Hearing; and • Adopt the Findings of Fact and Approve Certificate of Appropriateness #2011-02-032 for the Dunn Bros. Coffee Store Site Improvements Plan (New Shed, Gazebo, and Parking Expansion) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Purchase Agreement for the Sale of Lot 1, Block 1,Dell Station Synopsis: The buyer, E.P. Dell Road NHA, LLC has submitted an offer to purchase the 1.17 acre site for$450,000 for a New Horizon Daycare Center. The sale is expected to close sometime in January 2012 provided all contingencies are met the development proposal is approved by the City. MOTION: Move to authorize the Mayor and City Manager to execute a purchase agreement and other documents including but not limited to a Warranty Deed and affidavits as are necessary to complete the sale of a 1.17 acre site owned by the City and legally described as Lot 1, Block 1, Dell Station, Hennepin County, Minnesota. 2. Recommendations for Funding Social Services Providers for 2012/2013 Synopsis: The Human Services Review Committee comprised of staff from Police, Fire, Park&Rec, Community Services and Community Development made the funding recommendations listed below based on the review of written proposals, presentations,past performance by social service providers, and budget direction from the City Council. ANNOTATED AGENDA September 20,2011 Page 6 2008-2009 2010-2011 2012-2013 2012-2013 Program Funding Funding Agency Request Recommendation PROP $60,000 $62,000 $66,000 $62,000 Teens Alone $26,000 $27,000 $26,000 $26,000 Storefront $20,000 $20,000 $20,000 $0 Family&Children's Services $16,200 $0 $0 $0 YMCA - $50,000 $50,000 $50,000 $50,000 Meals on Wheels $12,000 $20,000 $18,800 $18,800 Senior Community Services $57,960 $60,000 $61,800 $60,000 HSSC $51,127 $53,000 $49,262 $49,262 Family Center Plus $28,000 $28,000 $30,000 $28,000 New American Academy* - $26,000 $10,000 SouthWest Transit* $24,000 $4,800 Homeline** $10,364 $10,000 Emerging Needs $1,138 Total $321,287 $320,000 $382,226 $320,000 *New program funded this year. ** Homeline was previously funded through CDBG. Procedural changes ruled them not in compliance with HUD income certification requirements. + The following conditions were placed on these awards: YMCA Conditions: Keep activity dollars in the Eden Prairie community. Partner with local agencies,businesses and service providers. Focus field trips on local EP venues that provide children with an enriched community experience that can lead to future connections. New American Academy Conditions: Must file with the Attorney General to receive charitable funds in MN. Grant money is designated for rent. City requests monthly financials prepared by an accountant. MOTION: Move to approve funding recommendations made by the Human Services Review Committee for social service providers for 2012 and 2013. 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 ANNOTATED AGENDA September 20,2011 Page 7 XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. CITY COUNCIL AGENDA DATE: SECTION: Proclamations &Presentations September 20, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.A. Jay Lotthammer, Director, Minnesota Recreation and Parks Association Parks and Recreation Awards of Excellence—Staring Lake Observatory Synopsis The Eden Prairie Parks and Recreation Department has been selected to receive an Award of Excellence from the Minnesota Recreation and Parks Association. The award is given for 2010 projects. Aimee Peterson, an Awards Committee member will present the Award of Excellence to the Eden Prairie City Council and City staff on September 20, 2011 for: Project Title Award Category Staring Lake Observatory Park and Facility Background The Minnesota Recreation and Parks Association (MRPA)Awards Committee reviewed twenty- four nominations for awards this year and twelve were selected to receive the Award of Excellence. The MRPA Awards Committee selected the City of Eden Prairie— Staring Lake Observatory project to receive the 2010 Award of Excellence in the Park and Facility Category. The MRPA Award of Excellence program recognizes agencies or organizations in Minnesota for outstanding achievements in parks, recreation and leisure services. The Award of Excellence program has seven award categories for nominations: Administration or Management Services, Communications, Park and Facility, Programming and Events, Sponsorships and Partnerships, Sustainability, Volunteer Initiatives. The Award of Excellence program recognizes projects,programs or initiatives that have occurred during the year 2010, or projects that have resulted in substantial change or improvement that were completed during the year 2010. Award of Excellence—Park and Facility Nomination Cateiory: Example: park or facility design and development, grounds or facility maintenance, urban forestry, landscaping, or conservation projects. Minnesota Recreation and Parks Association Awards of Excellence - Observatory September 20, 2011 Page 2 Award of Excellence- Criteria for Judging Each project submittal is judged according to the following criteria: Planning Process, Funding Plan, the Level of Collaboration with Others, Community Support, Originality/Design, and Evaluation Process Past MRPA Awards of Excellence: The City of Eden Prairie has received the MRPA Award of Excellence for setting a standard of excellence in the field of Parks, Recreation and Leisure Services for the following thirteen projects. • Eden Prairie Art Crawl in 2010 • Eden Prairie Veterans Memorial - Purgatory Creek Park in 2010 • Eden Prairie Art Center in 2010 • Staring Lake Archery Range in 2005 • Eden Prairie International Festival in 2004 • Jean Harris Gathering Bridge in 2004 • Riley-Jacques Barn Rehabilitation in 2004 • Purgatory Creek Recreation Area Park in 2004 • Leisure Education Program in 2003 • Cummins House Program in 2002 • Park Interpretive Panels in 2001 • Community Forum in 2000 • Leisure Discovery Day in 1995 ITEM NO.: VI.A. UNAPPROVED MINUTES 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, City Attorney Ric Rosow, and Recorder Lorene McWaters Workshop-Heritage Room II 2012/2013 BUDGET City Manager Rick Getschow made a presentation on the proposed 2012 and 2013 budgets. Getschow reviewed goals for the two-year budget cycle,which include: • Enhancing service levels in public safety and maintenance of infrastructure • Preserving other city service levels using the same resources • Sustaining employee morale and engagement • Implementing service efficiencies and innovations The proposed 2012 budget includes a two percent base wage increase and step increases, funding for one new police officer, and funding for the Fire Duty Crew initiative. This budget represents a proposed 3.9 percent increase in expenditures, which translates into a 0.9 percent increase in the levy with a 0.5 percent tax impact($6) on the median single- family home. Getschow also reviewed the anticipated changes to commercial and apartment properties. City Assessor Steve Sinell said the state legislature has changed the market value homestead credit program to an exclusion program. The City has been levying $490,000 for the homestead value credit program in anticipation that the state would not necessarily pay the City the amount owed. Staff is recommending that this $490,000 be applied to reduction of the deficit. Getschow said the City Council will set a preliminary levy at their meeting tonight. This figure represents the highest levy the Council can set when it approves the final budget in December. Mayor Tyra-Lukens said she is pleased with how staff has worked to keep tax increases low while maintaining service levels. She also likes the idea of using the $490,000 from market value credit to reduce the deficit. She said the public will likely still have questions about how the levy works and why the property tax increase to the median value home in 2011 (with a zero levy increase) was $19 as opposed to a proposed 0.9 percent levy increase in 2012, which would result in a $6 increase. City Council Workshop Minutes August 16,2011 Page 2 Council Member Nelson said she recalls funds were taken out of the road repair fund last year as a one-time reduction. She asked how much that was and whether or not that amount has been added back into the budget this year. Council Member Aho said he would like to dig into the details of the budget more, and he asked when the Council would have the opportunity to do that. Getschow said there would be time to discuss the budget in more detail in October or November. Aho said he would prefer see those discussions take place in October. II. BUDGET ADVISORY COMMISSION FINAL REPORT ON CAPITAL IMPROVEMENT FUNDING STRATEGIES Finance Manager Sue Kotchevar presented the Budget Advisory Commission's (BAC) report on alternative revenue sources for the Capital Improvement Program. The BAC reviewed the advantages and disadvantages of the following funding sources: • 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 The BAC determined that franchise fees and street lighting utility merited further consideration. The BAC found that the street light utility would require a great deal of research and design to implement, cable franchise fees are capped by law, and a garbage hauling franchise fee would not provide sufficient funds because there are so many different haulers. The BAC found that electric and gas utilities are very experienced with implementation of franchise fees, and they would provide a stable source of funds since they are exclusive providers. The BAC concluded that a franchise fee for these two utilities is the preferable option. They also determined that a flat fee for both electric and gas is preferable, since it is simpler to implement and the rate of income would be stable. Nelson said she likes the idea of a flat franchise fee similar to the one used by Minnetonka. That way everyone has a stake in it. Case asked if a tiered fee might not be fairer to owners of smaller units. Kotchevar pointed out that a tiered fee would introduce more volatility to the income stream. The BAC also felt a tier structure might not be as fair as it initially appears since a large, new home with state-of-the art energy efficiency features might end being charged less than a smaller,poorly insulated older property. Butcher said she believes the proposed franchise fee is a prudent way to plan for the future. Aho said he understands the need for funds,but he feels the public will view a franchise fee as another tax. City Council Workshop Minutes August 16,2011 Page 3 Mayor Tyra-Lukens said she liked the process used for this study and feels that the BAC did an exemplary job with the task the Council set for them. She asked about next steps. Kotchevar said the City will have to negotiate the fees with the utility companies. The City would also have to pass an ordinance, and the County would need 90 days to implement the program. She also said the City will need some time to communicate the changes to residents. Open Podium - Council Chamber III. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES 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, 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 Siira Gunderson 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. All members were present. II. COLOR GUARD /PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens added Item XIV.A.1. She said Items VIII.C. and D. are to be removed from tonight's Consent Calendar. MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,AUGUST 16, 2011 MOTION: Aho moved, seconded by Case, to approve the minutes of the Council workshop held Tuesday, August 16, 2011 as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,AUGUST 16, 2011 MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, August 16, 2011 as published. Motion carried 5-0. VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST CITY COUNCIL MINUTES September 6,2011 Page 2 B. GRAND HAVEN AT MARSH COVE by Marsh Cove, LLC. Second Reading of Ordinance 11-2011-PUD-6-2011for 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 11-2011-PUD-6-2011 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 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 2011-74 DECLARING PROPERTY AS "ABANDONED PROPERTY" L. APPROVE CONTRACT FOR PROFESSIONAL SERVICES FOR RILEY LAKE TRAIL EXTENSION M. DECLARE OBSOLETE RADIO EQUIPMENT AS SURPLUS MOTION: Case moved, seconded by Nelson, to approve Items A, B, and E-M on the Consent Calendar. Motion carried 5-0. CITY COUNCIL MINUTES September 6,2011 Page 3 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) Getschow said official notice of this public hearing was published in the August 25, 2011,Eden Prairie News and sent to 123 property owners. He said United Health Group is requesting a continuance to the September 20, 2011 meeting. MOTION: Case moved, seconded by Nelson, to continue the public hearing to the September 20, 2011 meeting. Motion carried 5-0. B. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTERS 2 AND 11 BY RELATING TO THE BOARD OF ADJUSTMENT AND APPEALS AND VARIANCES Getschow said variances have been in the news for some time. The governor recently signed into law changes to the statute relating to variances. The City Attorney has drafted a code amendment to match the language in the State statutes. The Planning Commission voted 5-0 to recommend approval of the ordinance at the August 8, 2011 meeting. Official notice of this public hearing was published in the August 25, 2011,Eden Prairie News. There were no comments from the audience. MOTION: Aho moved, seconded by Butcher Wickstrom, to close the public hearing and to 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. Motion carried 5-0. C. RESOLUTION 2011-75 TO APPROVE CITY APPLICATION TO DEED FOR A FORGIVABLE LOAN TO ROSEMOUNT-EMERSON Getschow said official notice of this public hearing was published in the August 25, 2011,Eden Prairie News. He said 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 in 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 CITY COUNCIL MINUTES September 6,2011 Page 4 hearing before submitting an application. He said staff sees this as a positive development in the community with one of our major businesses investing in their property. Nelson noted she attended a meeting on the LRT to go over some of the things that are going on in the area and she was very impressed with this project. There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Nelson, to close the public hearing and to adopt Resolution 2011-75 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). Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Aho, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho,Butcher Wickstrom, Case,Nelson, and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Observance of Anniversary of 9/11 Tyra-Lukens said there will be an observance of the 9/11 anniversary on Sunday, September 11 at Grace Church from 12:00 to 3:00 PM with a memorial service from 3:00 to 4:30 PM. She noted Council Members Aho and Butcher Wickstrom will attend the event. B. REPORT OF CITY MANAGER 1. Resolution 2011-76 Certifying Proposed 2012 Property Tax Levy, Accepting Proposed 2012 Budget, Setting Public Hearing Date & Consenting and Approving the HRA Tax Levy Getschow said we are continuing on with the budget process. Cities must adopt a proposed net property tax levy by September 15 and set a date for a public hearing. In addition, the City Council must accept a proposed budget for the coming year. The Council must adopt the final tax levy and budget CITY COUNCIL MINUTES September 6,2011 Page 5 by December 20. He said the preliminary tax levy is set at .91%. It could be reduced between now and December,but it could not be raised. He said there will be further discussion of the budget and a full presentation and public meeting in December prior to the adoption of the budget. MOTION: Case moved, seconded by Nelson, to adopt Resolution 2011-76 that certifies the proposed 2012 property tax levy to be $32,258,990, sets December 6th, 2011 as the meeting which will include discussion of the budget and provide for public comment, accepts the proposed 2012 budget of $38,345,174, and consents and approves the HRA tax levy of $200,000. Motion carried 5-0. Tyra-Lukens noted the Council has been studying this throughout the year and the Council's workshop prior to tonight's meeting was about the preliminary levy and budget. The Council has had questions answered and are comfortable with the proposal. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Cummins Grill House Lease Amendment Jeremiah said a year ago the City approved a lease with the Historical Society for use of the Cummins Grill House and for making improvements in the property. We have been reviewing various proposals for the property under the terms of the lease which states that any improvements to the property will be in compliance with the standards of the Department of the Interior. She said staff feels it is beneficial to clarify the lease in a number of different areas. Capital improvements need to conform with Department of the Interior standards, but there are different categories of standards. Because it is difficult to meet all of the standards, we wanted to clarify that we would be looking at the rehabilitation standards. There was some confusion as to which City staff person has the final say in approving any kind of allowable use or capital improvements. The lease is clarified to say that the City Manager or his designee will be responsible. This has been reviewed by the Historical Society Boar, and they are comfortable with the amendments. MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve the First Amended and Restated Lease Agreement for Historical Society Use and Improvement of the Cummins Grill House. Motion carried 5-0. D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF CITY COUNCIL MINUTES September 6,2011 Page 6 H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Aho moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 7:19 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 20, 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. Cigarette & Tobacco Products Snacks &Drinks DBA: Snacks &Drinks 8251 Flying Cloud Dr#1246 - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda September 20, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. 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 20, 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 20th 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 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 20, 2011. ADOPTED by the City Council of the City of Eden Prairie this 6th day of September, 2011. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen 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 S TORMWATER 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 more 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 final occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. A temporary occupancy permit may be granted if weather or other seasonal climate conditions affect the ability to install the final landscaping. 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: Developer agrees to construct an eight-foot wide bituminous trail located within the City right-of-way at the areas shown on Exhibit B at such time when any of the following conditions present themselves: A. West 78th Street gets reconstructed with a trail corridor. B. Trail connections are installed either side of terminal points of contemplated location and as such would create a continuous trail corridor. C. At the mutual consent of both the Developer and City. Trail design shall be submitted to Director of Parks and Recreation Services and Developer shall obtain the Director's written approval of plans. Developer agrees to complete implementation of the trail, in accordance with the terms of Exhibit C within 18 months of the occurrence of A, B or C above. Future maintenance of trail once constructed shall be the sole responsibility of the City. 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. Security to guarantee tree replacement shall be included with that provided for landscaping on the Property. Developer shall complete implementation of the approved tree replacement plan prior to final occupancy permit issuance. A temporary occupancy permit may be granted if weather or other seasonal climate conditions affect the ability to install the final landscaping. 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 toissuance of any occupancy permit for the Property, Developer shall install all wetland buffer strip monuments for the property. Wetland buffer strip monument locations shall be shown on the final grading plan. 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 "Conservation Easement: No Mowing Allowed" or "Conservation Easement: 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 S100--Certificate of Survey dated 6/30/11 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 dated 7/22/11 by Mitsch Design Sheet A200—Exterior Elevations by Mitsch Design 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. Not applicable. 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 to the best of the Developer's knowledge no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and Chapter 12, Subdivision Regulations, of 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. Not applicable. 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 any occupancy permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner. 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 "Conservation Easement: No Mowing Allowed" or "Conservation Easement: 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. 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 `Basement 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 to the best of Grantor's knowledge 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 Plat EXHIBIT C "EASEMENT AREA" DIAGRAM EXHIBIT E DEVELOPMENT AGREEMENT — GE CAPITAL ECO EXPERIENCE CENTER 1997 Development Agreement CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 20, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Randy L. Slick Final Plat Report of Gelco Second Addition Public Works/Engineering Requested Action Move to: Adopt the resolution approving the final plat of Gelco Second Addition. Synopsis This proposal is for the plat located at 3 Capital Drive. The plat consists of 11.19 acres to be platted into one lot and one outlot. This proposal consists of an Eco Experience Center which includes a 2 story, 3000 square foot building, ground level parking garage, 6 charging stations for electric vehicles, a wind turbine and a .44 mile driving course for electric vehicles. This is replat of Lots 1, 2, 3, and 4, Block 3 and Outlots G, H, I and J, Gelco First Addition. Background Information The preliminary plat was approved by the City Council on August 16, 2011. Second reading of the Rezoning Ordinance and final approval of the Developer's Agreement will be completed on September 20, 2011. Approval of the final plat is subject to the following conditions: • The requirements as set forth in the Developer's Agreement. • Provide a list of areas (to the nearest square foot) of all lots, outlots and right-of-ways certified by surveyor. • Prior to release of the final plat, Developer shall record and provide proof of filing the Development Agreement at the County Recorder and/or Registrar of Titles. • Prior to release of the final plat, Developer shall submit and receive approval of a Wetland Plan by the Environmental Coordinator. • Satisfaction of bonding requirements for the installation of public improvements. Attachments • Resolution • Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2011-78 A RESOLUTION APPROVING FINAL PLAT OF GELCO SECOND ADDITION WHEREAS, the plat of Gelco Second Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder; and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for Gelco Second Addition is approved upon compliance with the recommendation of the Final Plat Report on this plat dated September 20, 2011. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on September 20, 2011. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk A ' . N, C. 4 9 4 R.T. DOC. NO. — C.R. DOC. NO. C.8RG.=N87°20'39"E C=347.79 T Fti \ T ' _ _ a=3°30'10"(M) - C` 7 a=3=347.84(M)CO) r L_ ., _. - GELCO SECOND ADDITION L=347.84(M) L=357.61(GELCO) N89°00'35"E 358.81(M) 359.38(GELCO) _ R=5689.58 Oi 11_ ____ —_ —__ -NOT TANGENT __ ^O 78 p�-- DRAINAGE AND PROPOSED UTILITY i imfc N ESEMTSARES°iN,- //' rvuNB�s.'N e s SURVEY DIVISION,HenneIn coun 5,MinnesoaL L , n n _ / o p Pursuant toMINN.s T.sec.3838.65(1969),• MI:Plat has been approved this day of 2011.5 \t 5°g'99^ . N\ Os 6° <I\ \ -{\ // v\ 1- --J William P.Brown,County Surveyor by I L _ \, \ 0. \ ,. - /'—- i BEING`N \/ oTRER wAY 'B, a° �Kw L,Nee,..0wa(nTMe�T. sOo a N •>� ••_•>• / REGISTRAR OE TITLES,Hennepin County,Minnesota f Y' I /l Y .\ cis S"dra� \ / '\ I hereby certify that the within Plat of GELCO SECOND ADDITION was filed in this office IhG -- E1a �$'. ,sas3 \ / / day of ,zoll,at_o•aock_.m. I\ �P,° s Nam° \ / / \ `Am ^ 'T'- . °=22.75E] \ / / °N Sg 6,0 Michael H.Cunniff,Registrar of Titles by Deputy ('V =]` /1) .a u y n u a \\ // N/ // \,,,,ti 3 /pe va \ \ / T t_ (i1 <� i s4 \ \ / / N. a� \ \ / L Y 1 N COUNTY RECORDER,Hennepin County,Minnesota ` r- .� \ \ > / // •\ S, I hereby certify that the within Plat of GELCO SECOND ADDITION was files m lms office this ��1 ' B \ \/\ r- Y rJ\ / 9, day of ,2011,at_o'clock_.m. C`�O `'� \\ f, .� ~ / \\ 1....., / Michael H.Cunniff,Registrar of tines by Deputy 0 L \ N\�; �\ J/LOCK 1 // �..\, s'V s / , .: N PERSONS BY THESE PRESENTS:That Gelco Corporation,a Minnesota corporation,fee 0 �` tl+3jF\ \\ N\ H�// _ (U , // 'U N N V of Me following described property situated in the County of Hennepin,State of Minnesota to N6 O \ \ N E v / " wit. JO44'4J T z.3s\ \ \ / / / �>o* (LOIIOtered Iantl) "W \ \ `` .e,Block 3; Oudote to O end]" , That part of Outlot G embraced wiMin Trott B,Registered Land Survey No.1509, J 4J9 \ \ L / r Scale feet GELCO FIRST ADDITION. 'O$ \ / / rvm Torrens Certificate Number:607153 (A+/ �\ / o -- (Abstract c GELc)o / / m G\ 0 50 100 i50 FIRST ADDITION lying earterly of Tract B,Registered Land Survey No.1509. 7 \ r\\ r / l -r /l N(co. Bo° N l `, e.9(c -\ \ L_/m\ .m•se"a L_., / \/\ JJ,u,ooa k Has used the same.be surveyed and platted as GELCO SECOND ADDITION and does hereby )/' F( \ y / ., a / \ / p T. donate and dedicate to the public for public use forever Me easements for drainage and utility COJ ,. ,e,—�`a—J--, /s to no- ay / \ ° 581°52'17.. 4-33° purposes as shown on MIs plat.. // // } l-/1 \ °12 '/�1- q¢v s`°S'+ a \ / \ 38.36 E Ca6�22 `__ 'T.t. 's -`�;. 'N> ' 'e rt 3m \ / R.Joso$z e -1 ,s / i o �S N>3a +as's.s��; ,�;•!.__>< ,e \ / �_� i�" __ THE EASTERLY LINE OF___, \`r,61B, 3414" e> _ V PE \\ / _ 9 S»°Io'34^ __TRACT B,R.L.S.NO.1509 _.�/ .:O S3� In witness whereof said Gelco Corporation,Inc.has caused these presents to be signed by its proper I Paul A.Thorp do hereby certify that this plat was prepared by me or under my direct supervision; W 299,444) as I -�69°15A6 E E 165.,> - _85.18__ Y/�y� 2$> seB°53'99"E 26].9] ,b0 902.92 O £. y.),O�D.LOl officer this day of ,2011. that I am a duly Licensed Land Surveyor in the Stale of Minnesota;that this plat is a correct representation of the boundary survey;that all mathematical data and labels are correctly 53487.65(GELCO) j o o,y'L>V� designated on this plat;that all monuI ents depicted on this plat have been,or will be correctly se[ (GEL CO) 586°00'32"W 487.60(M) d'y,,ryL Gelco Co within one year;that all water boundes antl wet lands,as defined in Minnesota Statutes,Section �9 uT n l N rpore[ion. 505.01,Subd.3,as of the date of ertificate are shown antl labeled on this plat;and all public. ,2011. EDEN PRAIRIE,TPdA. No.Land363eyor, Commissioner of Transportationprv6eby Minn.the County Highway Engineer have been received by the City STATE OF Minnesota Ucense Licensed 1363] or the prescribed 30 day period has elapsed without receipt of such comments and THE ORIENTATION OF THIS PLAT IS RELATIVE TO THE MINNESOTA COUNTY recommendations,as provided by M Statutes 505.03,Subd.2. COORDINATE SYSTEM-HENNEPE SED IN US S NORTH AMERICAN DATUM COUNTY OF 1983(HPGN)ADIUSTMENT EXPRESSED IN US SURVEY FEET. The foregoing instrument was acknowledgetl before me this day of ,2011, CITY COUNCIL OF EDEN PRAIRIE,MINNESOTA DENOTES 1/2 INCH BY 141NCH IRON MONUMENT SET AND by ,itsof Gelco Corporation,a Minnesota O MARKED BY R.L.S.NO.13637 corporation,an behalf of the corporation. STATE OF By Mayor By ,Manager • DENOTES IRON MONUMENT FOUND COUNTY OF 0 DENOTES CROSS CUT IN CONCRETE CURB This Instrument was acknowledged before me this day of2011,by Paul A. (GELCO) DENOTES DISTANCE AS SHOWN ON PLAT OF GELCO FIRST ADDITION Thorp. (M) DENOTES MEASURED DISTANCE TAXPAYER SERVICES DEPARTMENT Notary Public, County,Minnesota Hennepin County,Minnesota My Commission Expires 1/31/20 I hereby certify that taxeS payable In 2011 and prior years have been paid for land tlescnbed on this Plat.Dated M6 day of ,2011. z1, Hansen Thorp � Pe.11inen Olson Inc. ' ` Notary Public, County,Minnesota IIII L.Alverson,County Auditor by Deputy My Commission Expires 1/31/20_ Engineers.Surveyors.Landscape Architects CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 20, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D. Jim Richardson Adopt Resolution Declaring Costs to be Public Works/Engineering Assessed and Ordering Preparation of Special Assessment Roll and Setting Hearing Date Requested Action Move to: Adopt resolution declaring costs to be assessed and ordering preparation of special assessment hearing rolls and setting hearing date. Synopsis A Special Assessment Hearing is conducted annually in late October or early November. The assessments levied are for projects which have reached the point of substantial completion since the previous hearing. This process is conducted in accordance with State Statutes and procedure developed with the assistance of the City Attorney. Attachments • Resolution • Exhibit A - 2011 Special Assessments CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2011- RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF 2011 SPECIAL ASSESSMENT ROLLS AND SETTING HEARING DATE WHEREAS, contracts have been let for the following listed improvements and the total project costs, including expenses incurred, or to be incurred and the City's share, exclusive of that assignable to City Property, are established as shown on the attached Exhibit A. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: 1. The costs of such improvements to be specially assessed are hereby declared to be those as set forth in Exhibit A. 2. The City Clerk with the assistance of the City Engineer shall forthwith calculate the proper amount to be assessed for each improvement against every assessable lot, piece or parcel of land within the district affected without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in the office of the City Engineer for public inspection.. 3. A hearing shall be held on the 18th day of October, 2011 in the Eden Prairie City Center, 8080 Mitchell Road, at 7:00 p.m., to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessments. 4. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessments to be published once in the official newspaper at least two weeks prior to the hearing. The Clerk shall also cause mailed notice to be given to the owner of the record of each parcel described in the assessment roll not less than two weeks prior to the hearing. ADOPTED by the Eden Prairie City Council on September 20,2011. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk EXHIBIT A 2011 SPECIAL ASSESSMENTS September 20,2011 PROJECTS Total Cost City Funds Amt to be Assessed Supplementals Trunk Sewer&Water $109,294.85 $0 $109,294.85 Exclusions Trunk Sewer&Water $1,260.00 $0 $1,260.00 Exclusions Lateral Sewer&Water $68,202.06 $0 $68,202.06 Riley Lake Rd—Trail Extension Project 100%Petition $225,000.00 $0 $225,000.00 Snow Contracted Removal $210.00 $0 $210.00 Tree Contracted Removal $6,000.00 $0 $6,000.00 Tall Grass/Weed Contracted Removal $2,000.00 $0 $2,000.00 TOTAL $411,966.91 $0 $411,966.91 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 6, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.E. Stuart Fox, Parks and Natural Award Bids for Site Grading and Pervious Resources Manager, Parks and Pavement Installation at Birch Island Woods Recreation Conservation Area Motion Move to: Award the bid for the grading, soil correction and installation of rock for driveway and parking area of Birch Island Woods Conservation area to Bolig and Sons, Inc. in the amount of$28,870. Move to: Award the bid to supply and install the pervious pavers for the Birch Island Woods Conservation Area parking lot to Percoa, Inc. in the amount of$40,000. Synopsis The City solicited quotes for the grading and site preparation of Birch Island Woods Conservation Area(BIWCA)parking lot. The quotes were based on plans and specifications that were prepared by HTPO. The scope of the work is to adequately prepare the site for the subsequent installation of 6 inch thick pervious pavers in the parking lot and along the outside edge of the entry driveway. The park staff is functioning as the general contractor for this project and that is the reason there are two separate but related motions for this project. The earthwork contractor will prep the site and the paver contractor will supply and install the pervious pavers. Background The scope of this project is to construct a new pervious surface parking area at the BIWCA to accommodate parking for those visiting the site. The location of the parking lot was recommended and approved by the City Council when the Birch Island Woods Master Plan was approved in 2002. The location and construction design of the parking area has been reviewed by the Nine Mile Creek Watershed District (NMCWD) and a construction permit has been issued by that agency. The funding for the parking lot construction comes from three sources: • Nine Mile Creek Watershed District Grant- $25,000 • City of EP Storm Water Utility Fund- $25,000 • City of EP Park Improvement Fund- $20,000 The City received a matching grant fund from the NMCWD for this project. During the research that was done in preparation for the grant proposal, Percoa Pervious Pavers were selected. This selection was based on the lowest bid that was received from three companies who specialize in pervious pavement surfacing. Award Bids for Site Grading and Pervious Pavement Installation at Birch Island Woods Conservation Area Page 2 September 20, 2011 Bid Summary and Recommendations Earthwork/Site Prep Two contractors submitted quotes for the earth work: Bolig and Sons,Inc. $28,870.00 Mn Dirt Works, Inc. $37,890.00 Pervious Pavers Percoa,Inc. $40,000.00 Each of the submitters met the guidelines as detailed in the bid specifications. Staff recommends the grading contract be awarded to Bolig and Sons, Inc. and the pervious paver contract to Percoa, Inc. The parking lot construction project will begin within the next two weeks with completion by the end of October. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 20, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.F. Stuart Fox, Parks and Natural Award Bid for the Riley Lake Road Trail Resources Manager, Parks and Extension Project to Minnesota Dirt Works Recreation Motion Move to: Award the bid for the construction of the Riley Lake Road- Trail Extension Project to Minnesota Dirt Works in the amount of$274,374.56. Synopsis Plans and specifications were prepared for this trail project and the bid opening was held on September 15,2011. There were a total of 7 bidders and the bids ranged from a low of$274,374.56 to a high of$437,309.00. The bid summary is as follows: Minnesota Dirt Works, Inc. $274,374.56 Barber Construction $308,123.00 Sunram Construction $323,477.00 New Look Contracting, Inc. $335,240.00 Max Steininger, Inc. $351,946.79 Northwest Asphalt $372,789.00 American Liberty Const. Inc. $437,309.00 The consultant for the project is HTPO and their recommendation is to award the bid to the lowest bidder, Minnesota Dirt Works, Inc. The consultants estimate for this project was $386,475.00. Staff concurs with the recommendation of the consultant. Trail construction should begin in early October with a substantial completion date of June 30, 2012. The final completion date of August 31, 2012 is needed to verify full establishment of seed and ground cover along the length of the trail project. Background The scope of this project is to build 5,000 feet of 8-foot wide bituminous bike trail, various retaining walls and safety fencing. The trail would connect with the west end of the existing trail along the north side of Riley Lake Road,just east of Riley Creek. The trail would continue westerly along the north side of the road to the Chanhassen border. The trail then turns 90 degrees and heads northerly along the west side of Bearpath Golf Course. At the north end of the Award Bid for the Riley Lake Road Trail Extension Project to Minnesota Dirt Works September 20, 2011 Page 2 golf course perimeter fence the trail turns easterly and heads toward Riley Creek. Just prior to reaching the creek, the trail would turn north and pass under the HWY 212 Bridge. At the trail project terminus it would connect with the bridge over Riley Creek that was installed recently for the Rice Marsh Lake Trail project. The majority of the trail is being constructed on city property with a small portion crossing highway property controlled by MN DOT. The staffs of both public agencies have discussed the proposed trail alignment and a Limited Use Permit for construction of the trail on MN DOT right-of-way is forthcoming. The funding for this trail construction project comes from the $300,000 of Special Assessments funding that has been levied against Bearpath Golf and Country Club Limited Partnership owned property. Attachments HTPO Letter Bid Summary Sheet Trail Location Map Z -p p I Engineering Surveying 7111 ;) Landscape Architecture 1 September 15, 2011 Mr.Stuart Fox City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Construction Bids for Riley Lake Road-Trail Extension Project No.4013 Dear Mr. Fox, Bids were received and opened at 10:00 a.m. on Thursday September 15, 2011, for the above referenced project.The bids are shown on the attached Bid Tabulation. The Engineer's Estimate for this project was $386,475. The low bidder, Minnesota Dirt Works, Inc., came in 29% below the Engineer's Estimate with a bid of$274,374.56. Recommendation is made that the City Council awards Project No. 4013 to Minnesota Dirt Works, Inc. in the amount of $274,374.56, This recommendation considers that the City Council reserves the right to waive minor irregularities and further reserves the right to award the contract in the best interests of the City. Respectfully, Hansen Thorp Pellinen Olson, Inc. `,......j124.11,4 :74.- Laurie A.Johnson, P.E. 7510 Market Place Drive Enclosure Eden Prairie, MN 55344 952-829-0700 952-829-7806 fax www.htpo.corn HANSEN THORP PELLINEN OLSON, INC. Bid Tabulation 9-15-11 Riley Lake Road-Trail Extension City of Eden Prairie Project No.4013 Engineer's Estimate Minnesota Dirt Works,Inc. Barber Construction,Inc. Sunram Construction,Inc. New Look Contracting,Inc. Max Steininger,Inc. ITEM UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL TOTAL No. ITEM QTY UNIT PRICE PRICE PRICE PRICE PRICE PRICE 1 Mobilization 1 Lump Sum $3,500.00 $3,500.00 $13,700.00 $13,700.00 $9,000.00 $9,000.00 $10,800.55 $10,800.55 $7,500.00 $7,500.00 $45,222.40 $45,222.40 2 Construction Signing and Flagging 1 Lump Sum $8,000.00 $8,000.00 $1,400.00 $1,400.00 $1,000.00 $1,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $1,498.73 $1,498.73 3 Tree Removal(Clearing&Grubbing) 1.4 Ac. $10,000.00 $14,000.00 $6,000.00 $8,400.00 $5,000.00 $7,000.00 $6,500.00 $9,100.00 $6,500.00 $9,100.00 $5,887.88 $8,243.03 4 Remove FES 1 Each $200.00 $200.00 $180.00 $180.00 $1,000.00 $1,000.00 $525.00 $525.00 $250.00 $250.00 $1,605.78 $1,605.78 5 Remove Hydrant and Valve 1 Each $1,000.00 $1,000.00 $500.00 $500.00 $6,750.00 $6,750.00 $2,667.00 $2,667.00 $750.00 $750.00 $1,873.42 $1,873.42 - 6 Common Excavation(P) 3600 Cu.Yd. $12.00 $43,200.00 $6.00 $21,600.00 $6.50 $23,400.00 $14.75 $53,100.00 $13.50 $48,600.00 $13.36 $48,096.00 7 Common Borrow(LV) 100 Cu.Yd. $10.00 $1,000.00 $10.85 $1,085.00 $20.00 $2,000.00 $1.00 $100.00 $18.50 $1,850.00 $22.05 $2,205.00 8 Topsoil Borrow(LV) 100 Cu.Yd. $20.00 $2,000.00 $31.33 $3,133.00 $20.00 $2,000.00 $1.00 $100.00 $20.00 $2,000.00 $28.04 $2,804.00 9 Subgrade Excavation 500 Cu.Yd. $15.00 $7,500.00 $9.09 $4,545.00 $5.00 $2,500.00 $13.80 $6,900.00 $13.50 86,750.00 $17.72 $8,860.00 10 Class 5 Aggregate Base 3150 Ton $20.00 $63,000.00 $18.00 $56,700.00 $20.00 $63,000.00 $20.30 $63,945.00 $18.50 $58,275.00 $16.41 $51,691.50 11 Bituminous Trail(Mn/DOT MVWE45035B_ 760 Ton $90.00 $68,400.00 $64.00 $48,640.00 $77.00 $58,520.00 $67.30 $51,148.00 $80.00 $60,800.00 $68.51 $52,067.60 12 Modular Block Retaining Wall 3800 Sq.Ft. $24.00 $91,200.00 $16.85 $64,030.00 $17.00 $64,600.00 $16.80 $63,840.00 $21.00 $79,800.00 $18.36 $69,768.00 13 12"RCP Storm Pipe 103 Lin.Ft. $28.00 $2,884.00 $34.46 $3,549.38 $31.00 $3,193.00 $75.60 $7,786.80 $35.00 $3,605.00 $34.26 $3,528.78 14 12"FES w/Trashguard I Each $1,000.00 $1,000.00 $750.00 $750.00 $600.00 $600.00 $1,145.00 $1,145.00 $1,000.00 $1,000.00 $1,819.89 $1,819.89 15 27"Catch Basin w/Frame and Casting 2 Each $1,800.00 $3,600.00 $1,568.57 $3,137.14 $2,340.00 $4,680.00 $1,893.00 $3,786.00 $1,750.00 $3,500.00 $1,894.83 $3,789.66 16 Riprap w/Geotextile Fabric 4 Cu.Yd. $80.00 $320.00 $77.89 $311.56 $100.00 $400.00 $100.00 $400.00 $150.00 $600.00 $107.05 $428.20 17 Binder Stone Pipe Bedding 60 Ton $22.00 $1,320.00 $26.57 $1,594.20 $40.00 $2,400.00 $26.25 $1,575.00 $30.00 $1,800.00 $5.35 $321.00 18 Adjust Existing Manhole Frame and Casting 1 Each $350.00 $350.00 $300.00 $300.00 $100.00 $100.00 $367.00 $367.00 $400.00 $400.00 $401.45 $401.45 19 Hydrant and 6"Gate Valve(Includes Pipe 1 Each $5,000.00 $5,000.00 $7,000.00 $7,000.00 $23,470.00 $23,470.00 $6,814.00 $6,814.00 $6,500.00 $6,500.00 $9,260.03 $9,260.03 &Fittings) 20 Insulation,2"Thick 64 Sq.Ft. $4.00 $256.00 $2.22 $142.08 $10.00 $640.00 $1.05 $67.20 $5.00 $320.00 $5.35 $342.40 21 5'Black Vinyl Chain Link Fencing 330 Lin.Ft. $20.00 $6,600.00 $17.50 $5,775.00 $18.00 $5,940.00 $18.38 $6,065.40 $20.00 $6,600.00 $18.74 $6,184.20 22 Seeding(Mix 240) 3 Ac. $2,000.00 $6,000.00 $350.00 $1,050.00 $350.00 $1,050.00 $368.00 $1,104.00 $200.00 $600.00 $259.07 $777.21 23 Category 3 Erosion Control Blanket 13400 Sq.Yd. $2.00 $26,800.00 $0.90 $12,060.00 $0.90 $12,060.00 $0.94 $12,596.00 $1.15 $15,410.00 $0.98 $13,132.00 24 Turf Reinforcement Mat 205 Sq.Yd. $15.00 $3,075.00 $5.50 $1,127.50 $6.00 $1,230.00 $5.77 $1,182.85 $5.00 $1,025.00 $5.07 $1,039.35 25 Tree Pruning 35 Each $150.00 $5,250.00 $50.00 $1,750.00 $50.00 $1,750.00 $94.00 $3,290.00 $100.00 $3,500.00 $53.53 $1,873.55 26 Silt Fence 4800 Lin.Ft. $3.00 $14,400.00 $1.05 $5,040.00 $1.10 $5,280.00 $1.45 $6,960.00 $1.25 $6,000.00 $1.88 $9,024.00 27 Bioroll 530 Lin.Ft. $4.00 $2,120.00 $2.99 $1,584.70 $2.00 $1,060.00 $3.14 $1,664.20 $3.50 $1,855.00 $3.00 $1,590.00 28 Inlet Protection-Filter Bag Insert 5 _ Each $300.00 $1,500.00 $100.00 $500.00 $100.00 $500.00 $125.00 $625.00 $150.00 $750.00 $285.39 $1,426.95 29 Tree Protection Fence 200 Lin.Ft. $1.50 $300.00 $1.50 $300.00 $1.00 $200.00 $1.60 $320.00 $2.00 $400.00 $2.59 $518.00 30 Pavement Markings 1 Lump Sum $1,200.00 $1,200.00 $3,500.00 $3,500.00 $1,600.00 $1,600.00 $1,465.00 $1,465.00 $1,500.00 $1,500.00 $1,494.88 $1,494.88 31 Permanent Traffic Signs 6 Each $250.00 $1,500.00 $165.00 $990.00 $200.00 $1,200.00 $173.00 $1,038.00 $200.00 $1,200.00 $176.63 $1,059.78 Total Bid $386,475.00 $274,374.56 $308,123.00 $323,477.00 $335,240.00 $351,946.79 HTPO 11-028 9/15/2011 American Liberty Northwest Asphalt,Inc. Construction,Inc. ITEM UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL TOTAL No. ITEM QTY UNIT PRICE PRICE PRICE PRICE PRICE PRICE 1 Mobilization 1 Lump Sum $5,821.00 $5,821.00 $7,915.50 $7,915.50 2 Construction Signing and Flagging 1 Lump Sum $1,400.00 $1,400.00 $2,900.00 $2,900.00 3 Tree Removal(Clearing&Grubbing) 1.4 Ac. $20,000.00 $28,000.00 $6,322.00 $8,850.80 4 Remove FES 1 Each $150.00 $150.00 $145.00 $145.00 5 Remove Hydrant and Valve 1 Each $250.00 $250.00 $2,297.96 $2,297.96 6 Common Excavation(P) 3600 Cu.Yd. $20.00 $72,000.00 $11.51 $41,436.00 7 Common Borrow(LV) 100 Cu.Yd. $12.00 $1,200.00 $16.24 $1,624.00 8 Topsoil Borrow(LV) 100 Cu.Yd. $20.00 $2,000.00 $23.20 $2,320.00 9 Subgrade Excavation 500 Cu.Yd. $20.00 $10,000.00 $12.76 $6,380.00 10 Class 5 Aggregate Base 3150 Ton $16.49 $51,943.50 $17.47 $55,030.50 11 Bituminous Trail(Mn/DOT MVWE45035B 760 Ton $82.55 $62,738.00 $79.71 $60,579.60 12 Modular Block Retaining Wall 3800 Sq.Ft. $21.30 $80,940.00 $32.77 $124,526.00 13 12"RCP Storm Pipe 103 Lin.Ft. $32.00 $3,296.00 $34.22 $3,524.66 14 12"FES w/Trashguard 1 Each $950.00 $950.00 $851.44 $851.44 15 27"Catch Basin w/Frame and Casting 2 Each $1,350.00 $2,700.00 $1,549.76 $3,099.52 16 Riprap w/Geotextile Fabric 4 Cu.Yd. $125.00 $500.00 $92.80 $371.20 17 Binder Stone Pipe Bedding 60 Ton $25.00 $1,500.00 $46.40 $2,784.00 18 Adjust Existing Manhole Frame and Casting 1 Each $500.00 $500.00 $522.00 $522.00 Hydrant and 6"Gate Valve(Includes Pipe 19 &Fittings) 1 Each $6,500.00 $6,500.00 $17.40 $17.40 20 Insulation,2"Thick 64 Sq.Ft. $5.00 $320.00 $2.61 $167.04 21 5'Black Vinyl Chain Link Fencing 330 Lin.Ft. $19.25 $6,352.50 $22.04 $7,273.20 22 Seeding(Mix 240) 3 Ac. $266.00 $798.00 $1.05 $3.15 23 Category 3 Erosion Control Blanket 13400 Sq.Yd. $1.00 $13,400.00 $6.38 $85,492.00 24 Turf Reinforcement Mat 205 Sq.Yd. $5.00 $1,025.00 $1.22 $250.10 25 Tree Pruning 35 Each $200.00 $7,000.00 $29.00 $1,015.00 26 Silt Fence 4800 Lin.Ft. $1.30 $6,240.00 $2.61 $12,528.00 27 Bioroll 530 Lin.Ft. $3.00 $1,590.00 $3.47 $1,839.10 28 Inlet Protection-Filter Bag Insert 5 Each $100.00 $500.00 $116.00 $580.00 29 Tree Protection Fence 200 Lin.Ft. $2.75 $550.00 $2.03 $406.00 30 Pavement Markings 1 Lump Sum $1,536.00 $1,536.00 $1,619.83 $1,619.83 31 Permanent Traffic Signs 6 Each $181.50 $1,089.00 $160.00 $960.00 Total Bid $372,789.00 $437,309.00 RILEY LAKE ROAD - TRAIL EXTENSION PROJECT ttri A os - - � - , W H f via 41111, Lill- cc w 7 44)...,,,' — w ST MELLION PL J .„ 4i, I I I I >- I z ,O i U IP* \J ,... u1 p,,,,,,„ c, II II MF<ROSF° .... ..,*, c. kik, N A -o S I \ / - I Itilt4* / k4� 4NLAU3W4. , ......Q.,\..... Lake Riley; e / \ :110111111111111111%%% .3___________________ Lake Riley 1 N i/ I Legend ' °� EDEN o 100 200 400 — — Proposed Trail PRAIRIE Feet ....o�,.. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 20, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.G. Office of the City Manager/ Resolution authorizing issuance and sale of Finance, Sue Kotchevar $6,220,000 General Obligation Crossover Refunding Bonds, Series 2011; Calling for a public hearing Requested Actions • Move to: Adopt the resolution that authorizes the issuance and sale of $6,220,000 General Obligation Crossover Refunding Bonds, Series 2011 and call for a public hearing. Synopsis The City of Eden Prairie has the opportunity to refinance two bond issues with a potential savings of $375,000. The 2005B bonds for the Charleston/212 improvements and the 2006A bonds which are part of the 2005 park referendum projects. A public hearing needs to be held on the 2006A bonds because the original project was paid partially by private activity funds (naming rights). The sale date for the bonds is November 15t , 2011. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2011- RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $6,220,000 GENERAL OBLIGATION CROSSOVER REFUNDING BONDS, SERIES 2011; CALLING FOR A PUBLIC HEARING BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota(the "City"), as follows: SECTION 1. PURPOSE. It is hereby determined to be in the best interests of the City to issue its General Obligation Crossover Refunding Bonds, Series 2011, in one or more series, in the principal amount of approximately$6,220,000 (the"Bonds"),pursuant to Minnesota Statutes, Chapter 475, to provide funds to be used to refund in an advance crossover refunding (a) all or a portion of the 2014 through 2025 maturities of the City's General Obligation Permanent Improvement Revolving Fund Bonds, Series 2005B, dated, as originally issued, as of October 1, 2005, and(b) the 2015 through 2021 maturities of the City's General Obligation Bonds, Series 2006A, dated, as originally issued, as of January 1, 2006 and as reissued on April 17, 2007 (the "Series 2006A Bonds"). SECTION 2. PUBLIC HEARING. A public hearing on the proposal to refund the Series 2006A Bonds and certain other obligations of the City will be held at the time and place set forth in the Notice of Public Hearing attached hereto. The City staff is hereby authorized and directed to cause notice of the hearing to be given one publication in the official newspaper of the City, which is a newspaper of general circulation available in the City, not less than 14 days nor more than 30 days prior to the date fixed for the hearing. SECTION 3. SALE. Northland Securities, Inc. is hereby authorized, pursuant to Minnesota Statutes, Section 475.60, Subdivision 2, paragraph (9), to solicit proposals for the Bonds on behalf of the City on a competitive basis without requirement of published notice. The Council shall meet at the time and place shown in the Notice of Sale prepared for the Bonds for the purpose of considering proposals for the purchase of the Bonds and of taking such action thereon as may be in the best interests of the City. ADOPTED by the City Council of the City of Eden Prairie this 6th day of September, 2011. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Public Hearings September 20, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A. Community Development/Planning United Health Group 2011 Janet Jeremiah Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 71 acres, subject to Attachment A, B, and C ; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Rural to Office on 68 acres, subject to Attachment A, B, and C; and • Adopt the Resolution for Preliminary Plat on 68 acres into 2 lots and 11 outlots subject to Attachment A, B, and C; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis Project Description The project is 1,481,700 square feet of office to be constructed in four phases. Building 1: 256, 700 sf occupancy Q3 2013 Building 2: 341,700 sf occupancy Q3 2014 Building 3: 505,900 sf occupancy Q1 2015 Building 4: 347,400 sf occupancy Q2 2016 There is a 3 acre site on the north side of HWY 62 that is included for concept approval but not zoning or site plan approval at this time. Light Rail The plan provides an area for the light rail station, parking, car access, pedestrian access, water quality and Watershed District stormwater management requirements for onsite retention and infiltration. UHG has agreed to dedicate proposed outlots D, E, F, and G to the City for light rail. 1 Wetlands & Water Quality UHG submitted a Wetland Permit Application to the Nine Mile Creek Watershed District on August 22, 2011. A stormwater management permit has not been submitted to the Watershed District. It is anticipated that the Wetland Permit Application, Wetland Mitigation Plan and Stormwater Management Plan will be reviewed by the Watershed District Board in October or November. Revisions may be required based on their review. A full list of the items that need to be addressed to satisfy City staff concerns regarding wetlands and water quality is included in Attachment A—Conditions of Approval (Wetlands and Water Quality). PUD Waivers The plan requires waivers from the City code relating to height, setbacks, floor area, parking dimensions, landscaping, signs and wetlands. The potential benefits to the City for granting the waivers are preservation of a 15 acre wooded hill, an office campus with 6,700 hundred jobs in close proximity to the future light rail station, a compact building footprint that reduces impervious, and 85 %tree preservation. The waivers are listed in Attachment B—UHG Planned United Development Waivers. Transportation Improvements The project is expected to generate 14,000 to 15,000 new vehicle trips a day. In order to support this level of traffic generation a number of Transportation Improvements have been identified that will be the responsibly of UHG. A complete list of the required improvements is provided in Attachment C - United Health Group Site Required Transportation Improvements. 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, subject to completing items A-T of the Planning Staff Report dated August 5, 2011. Of the remaining items to be completed the following are the most important. • Submittal and Approval of a Storm Water Management Plan including stormwater routing and infiltration. • Submittal of an approved Wetland Permit Application and Final Wetland Replacement Plan • Submittal and Approval of a Hydrological Analysis and Water Budget report for the project. 2 Attachments 1. Resolution-Preliminary Plat 2. Resolution—PUD Concept 3. Attachment A- Conditions of Approval (Wetlands and Water Quality) 4. Attachment B—UHG Planned Unit Development Waivers 5. Attachment C—UHG Site Required Transportation Improvements 6. Staff Report 7. Engineering Memo 8. SRF Reports 9. Location Map 10. Land Use Map 11. Zoning Map 12. Aerial photo 13. Planning Commission Minutes 3 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2011- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF UNITED HEALTH GROUP 2011 FOR UNITED HEALTH GROUP WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on United Health Group 2011 by United Health Group and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on September 20, 2011. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. United Health Group 2011,being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated September 20, 2011 with the waivers identified in Attachment B and subject to the conditions identified in Attachments A and C attached hereto and made a part hereof.. 3. That the PUD Concept meets the recommendations of the Planning Commission August 8, 2011. ADOPTED by the City Council of the City of Eden Prairie this 20th day of September, 2011. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD Concept- UNITED HEALTH GROUP 2011 Legal Description Tract A: That part of the Northeast Quarter of the Northwest Quarter of Section 1, Township 116, Range 22 lying Northeasterly of the Northeasterly right-of-way lines of State Highway No. 62, per Book 2612 of Deeds,page 131 and Book 2622 of Deeds,page 255, except for that part of said Northeast Quarter of the Northwest Quarter embraced within the West 132 feet of the East 528 feet of the South 165 feet of the North 198 feet, as measured along the North and East lines of said Northeast Quarter of the Northwest Quarter. That part of the East 43 acres of the Northwest Quarter of the Northwest Quarter of Section 1, Township 116, Range 22 lying Southwesterly of the Southwesterly right-of-way lines of State Highway No. 62,per Book 2622 of Deeds, page 255, and its Westerly continuation. (Torrens Property, Certificate of Title No. 1020665) Tract B: Parcel 1: That part of the following described parcel lying Northerly of a line 393.17 feet Northerly of, as measured at a right angle, to the South line of the North Half of the Northwest Quarter of Section 1, Township 116, Range 22: That part of the Northwest Quarter of the Northwest Quarter of Section 1, Township 116, Range 22 lying West of a line drawn from a point on the North line of said Northwest Quarter of the Northwest Quarter distant 282.5 feet East from the Northwest corner of said Northwest Quarter of the Northwest Quarter to a point on the South line of said Northwest Quarter of the Northwest Quarter distant 282.5 feet East from the Southwest corner of said Northwest Quarter of the Northwest Quarter; EXCEPT that part of said tract which lies West of a line drawn 40 feet East of the following described Line A: Line A: Beginning at a point on the South line of Section 36, Township 117, Range 22 distant 488.84 feet Easterly of the Southwest corner of said Section 36; thence run Southerly from said line at an angle of 95 degrees 40 minutes 48 seconds as measured from the West to South for a distance of 1,638.23 feet to the actual point of beginning of the line to be described; thence deflect to the right 180 degrees for a distance of 840 feet to a point hereinafter referred to as Point"A", thence continue Northerly for a distance of 200 feet and there terminating. ALSO EXCEPT that part of the above described tract which lies West of the following described Line B: Line B: Beginning at Point"A" on the above described Line A; thence run Easterly at right angles to said Line A for a distance of 40 feet to the actual point of beginning of the line to be described; thence deflect to the left 88 degrees 34 minutes 04 seconds for a distance of 600 feet and there terminating. ALSO EXCEPT that part of the above described tract which lies Northerly of a line drawn parallel with and distant 40 feet Southerly of the following described Line D: Line D: Beginning at a point on the North line of Section 1, Township 116, Range 22 distant 577.37 feet Easterly of the Northwest corner of said Section 1; thence run Southwesterly along a curve tangent to said North line having a radius of 409.26 feet(delta angle 47 degrees 57 minutes 23 seconds) for a distance of 342.55 feet; thence tangent to said curve for a distance of 63.05 feet thence deflect to the right along a tangential curve having a radius of 286.48 feet (delta angle 42 degrees 15 minutes 00 seconds) for a distance of 211.25 feet; thence tangent to said curve for a distance of 326.31 feet and there terminating. Parcel 2: The North 350 feet of the West 164.15 feet of that part of the Northwest Quarter of the Northwest Quarter of Section 1, Township 116, Range 22 lying East of a line drawn from a point on the North line of said Northwest Quarter of the Northwest Quarter distant 282.5 feet East from the Northwest corner of said Northwest Quarter of the Northwest Quarter to a point on the South line of said Northwest Quarter of the Northwest Quarter distant 282.5 feet East from the Southwest corner of said Northwest Quarter of the Northwest Quarter; EXCEPT that part of the above described land lying Northerly of the following described line: Commencing at a point on the North line of said Northwest Quarter of the Northwest Quarter distant 577.37 feet East from the Northwest corner of said Northwest Quarter of the Northwest Quarter; thence South, at a right angle to said North line a distance of 40 feet to the point of beginning of the line to be described; thence Southwesterly a distance of 309.07 feet along a curve which is tangential to a line parallel with said North line and concave to the Southeast and having a radius of 369.26 feet and a central angle of 47 degrees 57 minutes 23 seconds; thence Southwesterly, tangent to said curve, a distance of 63.05 feet and there terminating. Parcel 3: That part of the following described parcel lying Northerly of a line 393.17 feet Northerly of, as measured at a right angle to the South line of the North Half of the Northwest Quarter of Section 1, Township 116, Range 22: That part of the Northwest Quarter of the Northwest Quarter of Section 1, Township 116, Range 22 described as beginning at a point on the South line of said Northwest Quarter of the Northwest Quarter distant 282.5 feet East from the Southwest corner of said Northwest Quarter of the Northwest Quarter; thence East along said South line a distance of 557.5 feet; thence North to a point on the North line of said Northwest Quarter of the Northwest Quarter distant 840 feet East from the Northwest corner of said Northwest Quarter of the Northwest Quarter; thence West along said North line to a point 577.37 feet East from the Northwest corner of said Northwest Quarter of the Northwest Quarter; thence South at a right angle a distance of 40 feet; thence Southwesterly a distance of 309.07 feet along a curve which is tangential to a line parallel with said North line and concave to the Southeast and has a radius of 369.26 feet and a central angle of 47 degrees 57 minutes 23 seconds; thence Southwesterly, tangent to said curve to an intersection with a line drawn North from the point of beginning to a point on the North line of said Northwest Quarter of the Northwest Quarter distant 282.5 feet East from the Northwest corner of said Northwest Quarter of the Northwest Quarter; thence South along the last described line to the point of beginning; EXCEPT that part of the West 164.15 feet of the above described land lying within the North 350 feet of said Northwest Quarter of the Northwest Quarter. Parcel 4: That part of the following described parcel lying Northerly of a line 393.17 feet Northerly of, as measured at a right angle to the South line of the North Half of the Northwest Quarter of Section 1, Township 116, Range 22: That part of the Northwest Quarter of the Northwest Quarter of Section 1, Township 116, Range 22 described as beginning at a point on the North line of said Northwest Quarter of the Northwest Quarter distant 840 feet East from the Northwest corner of said Northwest Quarter of the Northwest Quarter; thence South to a point on the South line of said Northwest Quarter of the Northwest Quarter distant 840 feet East from the Southwest corner of said Northwest Quarter of the Northwest Quarter; thence East along said South line a distance of 30.94 feet, more or less, to the Southwest corner of the East 63 acres of the North Half of the Northwest Quarter of said Section 1; thence North along the West line of the East 63 acres of said North Half of the Northwest Quarter to the North line of said Northwest Quarter of the Northwest Quarter; thence West along said North line a distance of 88.53 feet, more or less, to the point of beginning. Parcel 5: That part of the West 20 acres of the East 63 acres of the North Half of the Northwest Quarter, Section 1, Township 116, Range 22, Hennepin County, State of Minnesota lying Southerly of the Southerly right of way line of County Road No. 62, and lying Northerly of a line 393.17 feet Northerly of, as measured at a right angle to, the South line of the North Half of the Northwest Quarter, said Section 1, according to the U.S. Government Survey thereof. Together with a non-exclusive easement(herein the "Private Easement") for roadway purposes over,under, across and through that part of the South 393.17 feet of the Northwest Quarter of the Northwest Quarter of Section 1, Township 116, Range 22, Hennepin County, Minnesota, described as follows: Beginning at the intersection of the North line of said South 393.17 feet and the Easterly right- of-way line of County Road No. 61 as described in Document No. 970391; thence Easterly along said North line a distance of 600 feet; thence Southerly at right angles a distance of 60.00 feet; thence Southerly and Northerly a distance of 188.50 feet along a tangential curve concave to the North having a radius of 60 feet and a central angle of 180 degrees; thence Westerly parallel with said North line to said Easterly right-of-way line of County Road No. 61; thence Northwesterly along said Easterly right-of-way line to the point of beginning (herein the "Easement Parcel). (Parcels 1 through 4 are Torrens Property, Certificate of Title No. 1047852) (Parcel 5 is Abstract Property) Tract C: Outlot A, Opus II 2nd Addition, Hennepin County, Minnesota. (Torrens Property, Certificate of Title No. 1058489) Tract D: The West 8 rods of the East 32 rods of the North 12 rods of the Northeast Quarter of the Northwest Quarter, except those parts taken for road and highway purposes, Section 1, Township 116, Range 22, Hennepin County, Minnesota. (Abstract Property) Attachment A—Conditions of Approval (Wetlands & Water Quality) September 15, 2011 The following is a summary of incomplete items based on review of plans prepared by Westwood Professional Services, dated received September 12, 2011. Prior to Second Reading, the Proponent Shall: • Provide a Final Wetland Replacement Application and Plan that has been approved by the Nine Mile Creek Watershed District. This would include an Avoidance and Minimization Plan and Technical Evaluation Panel (TEP) review for the proposed increase in wetland fill. The Plan must meet Watershed District standards. Written confirmation from the Watershed District that they have approved the amount of wetland fill proposed for the site is required. • Provide geotechnical and groundwater mounding analyses that confirm that the wetlands and proposed wetland replacement areas are sustainable and will not be drained or adversely impacted by the construction activities. • Provide a water budget analysis that confirms that the wetlands and proposed wetland replacement areas will not be adversely affected by the construction and proposed stormwater management system. The analysis should compare existing and proposed conditions for dry, average and wet years. • Revise the plans to incorporate natural retention and infiltration of precipitation on-site and attenuate flow by the use of options such as re-use of stormwater through irrigation; incorporation of open vegetated swales or natural depressions; green roofs; or green wall systems. All stormwater structures,including pipe galleries and pipes,should be placed outside of the building footprints to the fullest extent possible. Irrigation used to meet the on-site retention must consider the type of soils onsite, be sized to allow for natural infiltration onsite and should be timed to allow irrigation to occur in accordance with City Code requirements. The Stormwater Management Plan must be provided to the Watershed District for review and approval. • Provide access plans for the infiltration systems proposed under the parking decks for maintenance and/or emergency repairs. • Provide detailed plans for the protection walls based on the findings and conclusions of the hydrologic analysis and modeling to ensure construction would not result in inadvertent drainage or impacts to the wetlands and proposed wetland replacement areas. Prior to Final Plat issuance the proponent shall: • Provide a Wetland Plan and Wetland Surety in an amount equal to 150% of the cost of the Wetland Plan. The Wetland Plan must include: — Long-term monitoring plan for wetland and wetland mitigation hydrology after completion of all phases of construction. The monitoring plan must be approved by the Watershed District, but the City would recommend a minimum of 5 years after completion of all development phases. — Functional analysis of pre- and post-construction conditions for on-site mitigation and existing wetlands to determine whether the wetland functions will be maintained at equal or greater levels than those proposed. Steps that will be taken to maintain or improve the proposed or existing functions and values must be included in the Wetland Plan. • Provide a copy of the Wetland Permit received from the Watershed District. • Provide conservation easements over all wetlands, wetland replacement areas, and wetland buffers and a Declaration of Covenants and Restrictions over all wetland mitigation areas. • Provide a Stormwater Retention and Infiltration Plan that meets Watershed District Standards. • Provide a minimum of two (2) feet between the High Water Level (HWL) for all infiltration BMPs, stormwater ponds and wetlands and the lowest floor elevation of all structures. This would include the pipe galleries under the parking decks. • Provide for water level fluctuations of no more than five (5) inches to the Normal Water Elevation (NWL) and/or Ordinary High Water Level (OHWL) • Check the accuracy of the modeling performed for the project. Prior to Land Alteration permit issuance the proponent shall: • Provide a signed and approved copy of the land alteration / grading permit issued by the Watershed District. • Provide a maintenance agreement for all areas receiving public stormwater drainage that are located under private structures such as the parking decks. • Install erosion control at the grading limits of the property for review and approval by the City and Watershed District. Attachment B—UHG Planned Unit Development(PUD)Waivers September 15, 2011 • Building setback from 35 feet to 30 feet. Minimum front yard setback of 35 feet required; Parking Ramp A front yard setback 30 feet from proposed Shady Oak Road right-of-way line at southwest corner of ramp. Justification: The front yard setback for Ramp A adjacent to Shady Oak Road is variable along the Shady Oak Road Street frontage with a 50-foot setback at the mid-point and an 80-foot setback at the northwest corner. The average setback is in excess of the minimum for this street frontage. • Building height from 30 feet to 139 feet (bldg 1), 148 feet (bldg 2), 243 feet (bldg 3), and 178 feet(bldg 4). Justification: The proposed maximum height for these structures is proportional to the available site area and planned distances from perimeter site boundaries. Additional building height in this location is offset by adjacent natural features and contributes to the preservation of sensitive natural systems by reducing the disturbance area and development footprint on the subject property. • Parking deck height from 15 feet to 72 (deck A), 64 (deck B), and 82 (deck C) feet. Justification: The proposed maximum height for these structures is proportional to the available site area and planned distances from perimeter site boundaries. Additional building height in this location is offset by adjacent natural features and contributes to the preservation of sensitive natural systems by reducing the disturbance area and development footprint on the subject property. • Floor Area Ratio from .50 to .64 Justification: The increased density on Lot 1 allows for the creation of an open space preservation area that preserves a significant landform and tree resource. The overall proposed floor area ratio including the preservation land conforms to the maximum allowable floor area. • Minimum parking dimension from 9' x 19' to 8.5' x 18', and drive aisle from 25 feet to 24 feet. Justification: Reduced parking stall and aisle dimensions contribute to efficiency in the proposed parking ramps that translates to reduced site coverage. Ramp parking for this project represents low-turnover parking that can be safely utilized given the low frequency of users entering and exiting the facilities during the times it is in use. The proposed parking dimensions requested with this waiver are consistent with other parking ramp designs for low-turnover parking in Eden Prairie. • Landscaping requirements caliper inch from 4,537 to 3,667. Justification: Insufficient suitable site area is available for the planting of a sufficient quantity of trees to meet the minimum requirement. The unmet landscaping requirements can be used for enhancements related to light rail including trails,plazas, architecture, and landscaping. • Signs A) From one freestanding sign per street frontage to two on West 62 Street. B) Freestanding sign size from 50 square feet to 104 square feet. C) Sign height from 8 to 10.5 feet. D) Wall sign size from 50 to 200 square feet. Justification: The proposed freestanding signage is based on consolidation and transfer of freestanding signage area that would be allowed per street frontage. The project site includes street frontage for Shady Oak Road, for City West Parkway, for West 62nd Street, for Highway 62, and for Highway 212; a total of five street frontages. Based on five frontages the ordinance would allow one 50 square-foot sign and four 36 square-foot signs; a total of 194 square feet of free-standing sign area. The PUD sign proposal would not exceed the 194 square-foot limit determined under the ordinance provisions Additional sign height is warranted for the area identification sign to be able to maintain workable sign proportions and to compensate for slope conditions along Shady Oak Road. The ordinance allows 50 square feet of wall signage per street frontage; for this project with streets surrounding the project area up to four signs totaling 200 square feet would be allowed for each building. • Wetland Buffer Setbacks A) A reduction to no (0) feet between Wetland 1-22-D and the structure setback for Parking Ramp B. B) A reduction to 17 feet between the structure setback for Building 2 and Wetland 1-22-A. C) A reduction to 17 feet for two points between the structure setback for Building 3 and Wetland 1-22-A. D) A reduction to 17 feet between the structure setback for the northwest corner of Building 4 and Wetland 1-22-A. E) A reduction to no (0) feet between the northeast corner of Wetland 1-22-A and West 62nd Street. F) A reduction to no (0) feet between the Wetland 1-21-A and West 62nd Street. G) A reduction to no (0) feet between Wetland 1-22-C and the retaining wall along West 62nd Street. Justification: The wetlands were all classified as moderate quality and as such require a minimum wetland buffer of 20 feet with an average wetland buffer of 40 feet. This corresponds with Nine Mile Creek Watershed District standards. The average wetland buffer requirement is met for all wetlands, however site constraints and the requirement that wetland cannot be filled to create wetland buffer result in areas with less than the minimum. Waivers from the 20-foot minimum wetland buffers would also be required from the Watershed District. • Wetland Structure Setbacks from the required wetland buffer strip Structure setback impacts of more than 10% of the surface area and structure setback reduced from 15 feet as follows: A) A reduction to 5 feet in addition to no (0)wetland buffer strip for Parking Ramp B along the north half of Wetland-1-22-D B) A reduction to 10 feet in addition to a 20-foot minimum wetland buffer strip for the Parking Ramp C along the east side of Wetland 1-21-C and the north side of Wetland 1-21-B. C) A reduction to 5 feet in addition to a 17-foot minimum wetland buffer strip for the northeast corner of the ground floor level of Building 2 at points adjoining Wetland 1-22-A. D) A reduction to 10 feet in addition to a 20-foot minimum wetland buffer strip for the north side of the ground floor level of Building 2 at points adjoining Wetland 1-22-C. E) A reduction to 5 feet in addition to a 17-foot minimum wetland buffer strip for the ground floor level of Building 3 at points adjoining Wetland 1-22-A. F) A reduction to 6 feet in addition to a 20-foot minimum wetland buffer strip for the southeast corner of the ground floor level of Building 3 at points adjoining Wetland 1-22-B. G) A reduction to 5 feet in addition to a 17-foot minimum wetland buffer strip for the northwest corner of the ground floor level of Building 4 at points adjoining Wetland 1-22-A. H) A reduction to 10 feet in addition to a 20 foot minimum wetland buffer strip for the west side of the ground floor level of Building 4 and Wetland 1-22-A. I) A reduction to 10 feet in addition to a 20 foot minimum wetland buffer strip for the south side of the ground floor level of Building 4 and Wetland 1-21-C. J) A reduction to 10 feet for the courtyard for Building 4 and Wetland 1-21-A. K) A reduction to no structure setback in addition to a 20-foot minimum wetland buffer strip for retaining walls adjacent to Wetlands -1-22-C and-1-22-E. L) A reduction to 10 feet in addition to a 20-foot minimum wetland buffer strip between Wetland 1-22-A and the paved trail that runs between Pond 1-22-K and Wetland 1-22-A. M) A reduction to 10 feet in addition to a 20-foot minimum wetland buffer strip for paved trails adjoining Wetland 1-21-B. N) A reduction to no (0) feet between West 62nd Street and the wetland buffers for Wetlands 1-22-C, 1-22-A and 1-21-A. Justification: The requests for reduced structure setbacks allow adequate access for mowing or building maintenance with minimal impact on the ability of the wetland buffer strips to provide sufficient area for protecting wetlands from pollutants and for providing for wildlife corridors near wetlands. The plans provide the required average wetland buffer strip of 40 feet for all wetlands which will help maintain the integrity of the wetlands and ecological corridors. Attachment C—United Health Group Site Required Transportation Improvements September 15, 2011 With the development of the Property Developer will be responsible for the costs of the infrastructure improvements identified below. The costs of the Improvements shall include, in addition to actual construction costs, administrative, interest and engineering costs and fees incurred or paid by the City in relationship to construction of the Improvements and costs incurred for acquisition of easements and or right-of-way including attorney fees. The Improvements include but are not limited to the following 1. 100% of the project costs for West 62nd Street, City West Parkway, and the northern segment of Shady Oak Road(CR 61). These improvements are required to be constructed concurrent with the first phase of development on the property. The improvements include but are not limited to the following: a. Full reconstruction of Shady Oak Road including pedestrian and bicycle accommodations from south of the City West Parkway North Intersection to north of the Highway 62 North Ramp Intersection. b. Widening and reconstruction of Shady Oak Road under Highway 62 to provide a second left turn (dual left) on the south approach of the Highway 62 North Ramp intersection and right turn lanes on the north and south approaches of the Highway 62 South Ramp Intersections. c. Reconstruction of the Shady Oak Road/West 62nd Street intersection to provide a second left turn lane (dual lefts) on the north approach, a third through lane and a right turn lane on the south approach, and four approach lanes on both the east and west approaches of the intersection. d. Reconstruction of the City West Parkway North Intersection to provide left and right turn lanes on the north and south approaches and four approach lanes on the east approach to the intersection. e. Reconstruction of West 62nd Street including pedestrian and bicycle accommodations from Shady Oak Road to east of the access point to Building 4, including the termination of West 62nd Street as a roundabout and the removal of any unused portion of existing West 62nd Street. f. Reconstruction of City West Parkway including pedestrian and bicycle accommodations to the east of Shady Oak Road to provide a roundabout at the intersection of City West Parkway and the new north-south on-site roadway. g. If a High Occupancy Vehicle (HOV) Bypass or Slip Ramp for the Shady Oak Road South Ramp to eastbound Highway 62 is included in the project the Developer will be responsible for 1/3 of the costs of the Bypass or Slip Ramp. 2. 100% of the project costs for the City West Parkway South Intersection. The improvement includes but is not limited to reconstructing the intersection to provide left and right turn lanes on the east and west approaches, a second left turn (dual left) on the north approach of the intersection and pedestrian and bicycle accommodations. 3. 23% of the project costs for Shady Oak Road(CR 61)between the limits of the two projects identified above. The improvement includes the full reconstruction of Shady Oak Road to a 4-lane divided roadway with turn lanes and pedestrian and bicycle accommodations. 4. 14% of the project costs for the Highway 212 / Shady Oak Road(CR 61) interchange improvement. The improvement includes the full reconstruction of the interchange including the construction of an 8-lane bridge with pedestrian and bicycle accommodations. For the purposes of cost participation the associated improvements at the City West Parkway South Intersection(improvement#2 above) and the Flying Cloud Drive Intersection will be considered separate projects. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2011- RESOLUTION APPROVING THE PRELIMINARY PLAT OF UNITED HEALTH GROUP FOR UNITED HEALTH GROUP BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of United Health Group for United Health Group stamp dated September 20, 2011, and consisting of 68 acres into two lots, ten Outlots and right of way dedication, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved with the waivers identified in Attachment B and subject to the conditions identified in Attachments A and C attached hereto and made a part hereof. ADOPTED by the Eden Prairie City Council on the 20th day of September, 2011. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk Attachment A—Conditions of Approval (Wetlands & Water Quality) September 15, 2011 The following is a summary of incomplete items based on review of plans prepared by Westwood Professional Services, dated received September 12, 2011. Prior to Second Reading, the Proponent Shall: • Provide a Final Wetland Replacement Application and Plan that has been approved by the Nine Mile Creek Watershed District. This would include an Avoidance and Minimization Plan and Technical Evaluation Panel (TEP) review for the proposed increase in wetland fill. The Plan must meet Watershed District standards. Written confirmation from the Watershed District that they have approved the amount of wetland fill proposed for the site is required. • Provide geotechnical and groundwater mounding analyses that confirm that the wetlands and proposed wetland replacement areas are sustainable and will not be drained or adversely impacted by the construction activities. • Provide a water budget analysis that confirms that the wetlands and proposed wetland replacement areas will not be adversely affected by the construction and proposed stormwater management system. The analysis should compare existing and proposed conditions for dry, average and wet years. • Revise the plans to incorporate natural retention and infiltration of precipitation on-site and attenuate flow by the use of options such as re-use of stormwater through irrigation; incorporation of open vegetated swales or natural depressions; green roofs; or green wall systems. All stormwater structures,including pipe galleries and pipes,should be placed outside of the building footprints to the fullest extent possible. Irrigation used to meet the on-site retention must consider the type of soils onsite, be sized to allow for natural infiltration onsite and should be timed to allow irrigation to occur in accordance with City Code requirements. The Stormwater Management Plan must be provided to the Watershed District for review and approval. • Provide access plans for the infiltration systems proposed under the parking decks for maintenance and/or emergency repairs. • Provide detailed plans for the protection walls based on the findings and conclusions of the hydrologic analysis and modeling to ensure construction would not result in inadvertent drainage or impacts to the wetlands and proposed wetland replacement areas. Prior to Final Plat issuance the proponent shall: • Provide a Wetland Plan and Wetland Surety in an amount equal to 150% of the cost of the Wetland Plan. The Wetland Plan must include: — Long-term monitoring plan for wetland and wetland mitigation hydrology after completion of all phases of construction. The monitoring plan must be approved by the Watershed District, but the City would recommend a minimum of 5 years after completion of all development phases. — Functional analysis of pre- and post-construction conditions for on-site mitigation and existing wetlands to determine whether the wetland functions will be maintained at equal or greater levels than those proposed. Steps that will be taken to maintain or improve the proposed or existing functions and values must be included in the Wetland Plan. • Provide a copy of the Wetland Permit received from the Watershed District. • Provide conservation easements over all wetlands, wetland replacement areas, and wetland buffers and a Declaration of Covenants and Restrictions over all wetland mitigation areas. • Provide a Stormwater Retention and Infiltration Plan that meets Watershed District Standards. • Provide a minimum of two (2) feet between the High Water Level (HWL) for all infiltration BMPs, stormwater ponds and wetlands and the lowest floor elevation of all structures. This would include the pipe galleries under the parking decks. • Provide for water level fluctuations of no more than five (5) inches to the Normal Water Elevation (NWL) and/or Ordinary High Water Level (OHWL) • Check the accuracy of the modeling performed for the project. Prior to Land Alteration permit issuance the proponent shall: • Provide a signed and approved copy of the land alteration / grading permit issued by the Watershed District. • Provide a maintenance agreement for all areas receiving public stormwater drainage that are located under private structures such as the parking decks. • Install erosion control at the grading limits of the property for review and approval by the City and Watershed District. Attachment B—UHG Planned Unit Development(PUD)Waivers September 15, 2011 • Building setback from 35 feet to 30 feet. Minimum front yard setback of 35 feet required; Parking Ramp A front yard setback 30 feet from proposed Shady Oak Road right-of-way line at southwest corner of ramp. Justification: The front yard setback for Ramp A adjacent to Shady Oak Road is variable along the Shady Oak Road Street frontage with a 50-foot setback at the mid-point and an 80-foot setback at the northwest corner. The average setback is in excess of the minimum for this street frontage. • Building height from 30 feet to 139 feet (bldg 1), 148 feet (bldg 2), 243 feet (bldg 3), and 178 feet(bldg 4). Justification: The proposed maximum height for these structures is proportional to the available site area and planned distances from perimeter site boundaries. Additional building height in this location is offset by adjacent natural features and contributes to the preservation of sensitive natural systems by reducing the disturbance area and development footprint on the subject property. • Parking deck height from 15 feet to 72 (deck A), 64 (deck B), and 82 (deck C) feet. Justification: The proposed maximum height for these structures is proportional to the available site area and planned distances from perimeter site boundaries. Additional building height in this location is offset by adjacent natural features and contributes to the preservation of sensitive natural systems by reducing the disturbance area and development footprint on the subject property. • Floor Area Ratio from .50 to .64 Justification: The increased density on Lot 1 allows for the creation of an open space preservation area that preserves a significant landform and tree resource. The overall proposed floor area ratio including the preservation land conforms to the maximum allowable floor area. • Minimum parking dimension from 9' x 19' to 8.5' x 18', and drive aisle from 25 feet to 24 feet. Justification: Reduced parking stall and aisle dimensions contribute to efficiency in the proposed parking ramps that translates to reduced site coverage. Ramp parking for this project represents low-turnover parking that can be safely utilized given the low frequency of users entering and exiting the facilities during the times it is in use. The proposed parking dimensions requested with this waiver are consistent with other parking ramp designs for low-turnover parking in Eden Prairie. • Landscaping requirements caliper inch from 4,537 to 3,667. Justification: Insufficient suitable site area is available for the planting of a sufficient quantity of trees to meet the minimum requirement. The unmet landscaping requirements can be used for enhancements related to light rail including trails,plazas, architecture, and landscaping. • Signs A) From one freestanding sign per street frontage to two on West 62 Street. B) Freestanding sign size from 50 square feet to 104 square feet. C) Sign height from 8 to 10.5 feet. D) Wall sign size from 50 to 200 square feet. Justification: The proposed freestanding signage is based on consolidation and transfer of freestanding signage area that would be allowed per street frontage. The project site includes street frontage for Shady Oak Road, for City West Parkway, for West 62nd Street, for Highway 62, and for Highway 212; a total of five street frontages. Based on five frontages the ordinance would allow one 50 square-foot sign and four 36 square-foot signs; a total of 194 square feet of free-standing sign area. The PUD sign proposal would not exceed the 194 square-foot limit determined under the ordinance provisions Additional sign height is warranted for the area identification sign to be able to maintain workable sign proportions and to compensate for slope conditions along Shady Oak Road. The ordinance allows 50 square feet of wall signage per street frontage; for this project with streets surrounding the project area up to four signs totaling 200 square feet would be allowed for each building. • Wetland Buffer Setbacks A) A reduction to no (0) feet between Wetland 1-22-D and the structure setback for Parking Ramp B. B) A reduction to 17 feet between the structure setback for Building 2 and Wetland 1-22-A. C) A reduction to 17 feet for two points between the structure setback for Building 3 and Wetland 1-22-A. D) A reduction to 17 feet between the structure setback for the northwest corner of Building 4 and Wetland 1-22-A. E) A reduction to no (0) feet between the northeast corner of Wetland 1-22-A and West 62nd Street. F) A reduction to no (0) feet between the Wetland 1-21-A and West 62nd Street. G) A reduction to no (0) feet between Wetland 1-22-C and the retaining wall along West 62nd Street. Justification: The wetlands were all classified as moderate quality and as such require a minimum wetland buffer of 20 feet with an average wetland buffer of 40 feet. This corresponds with Nine Mile Creek Watershed District standards. The average wetland buffer requirement is met for all wetlands, however site constraints and the requirement that wetland cannot be filled to create wetland buffer result in areas with less than the minimum. Waivers from the 20-foot minimum wetland buffers would also be required from the Watershed District. • Wetland Structure Setbacks from the required wetland buffer strip Structure setback impacts of more than 10% of the surface area and structure setback reduced from 15 feet as follows: A) A reduction to 5 feet in addition to no (0)wetland buffer strip for Parking Ramp B along the north half of Wetland-1-22-D B) A reduction to 10 feet in addition to a 20-foot minimum wetland buffer strip for the Parking Ramp C along the east side of Wetland 1-21-C and the north side of Wetland 1-21-B. C) A reduction to 5 feet in addition to a 17-foot minimum wetland buffer strip for the northeast corner of the ground floor level of Building 2 at points adjoining Wetland 1-22-A. D) A reduction to 10 feet in addition to a 20-foot minimum wetland buffer strip for the north side of the ground floor level of Building 2 at points adjoining Wetland 1-22-C. E) A reduction to 5 feet in addition to a 17-foot minimum wetland buffer strip for the ground floor level of Building 3 at points adjoining Wetland 1-22-A. F) A reduction to 6 feet in addition to a 20-foot minimum wetland buffer strip for the southeast corner of the ground floor level of Building 3 at points adjoining Wetland 1-22-B. G) A reduction to 5 feet in addition to a 17-foot minimum wetland buffer strip for the northwest corner of the ground floor level of Building 4 at points adjoining Wetland 1-22-A. H) A reduction to 10 feet in addition to a 20 foot minimum wetland buffer strip for the west side of the ground floor level of Building 4 and Wetland 1-22-A. I) A reduction to 10 feet in addition to a 20 foot minimum wetland buffer strip for the south side of the ground floor level of Building 4 and Wetland 1-21-C. J) A reduction to 10 feet for the courtyard for Building 4 and Wetland 1-21-A. K) A reduction to no structure setback in addition to a 20-foot minimum wetland buffer strip for retaining walls adjacent to Wetlands -1-22-C and-1-22-E. L) A reduction to 10 feet in addition to a 20-foot minimum wetland buffer strip between Wetland 1-22-A and the paved trail that runs between Pond 1-22-K and Wetland 1-22-A. M) A reduction to 10 feet in addition to a 20-foot minimum wetland buffer strip for paved trails adjoining Wetland 1-21-B. N) A reduction to no (0) feet between West 62nd Street and the wetland buffers for Wetlands 1-22-C, 1-22-A and 1-21-A. Justification: The requests for reduced structure setbacks allow adequate access for mowing or building maintenance with minimal impact on the ability of the wetland buffer strips to provide sufficient area for protecting wetlands from pollutants and for providing for wildlife corridors near wetlands. The plans provide the required average wetland buffer strip of 40 feet for all wetlands which will help maintain the integrity of the wetlands and ecological corridors. Attachment C—United Health Group Site Required Transportation Improvements September 15, 2011 With the development of the Property Developer will be responsible for the costs of the infrastructure improvements identified below. The costs of the Improvements shall include, in addition to actual construction costs, administrative, interest and engineering costs and fees incurred or paid by the City in relationship to construction of the Improvements and costs incurred for acquisition of easements and or right-of-way including attorney fees. The Improvements include but are not limited to the following 1. 100% of the project costs for West 62nd Street, City West Parkway, and the northern segment of Shady Oak Road(CR 61). These improvements are required to be constructed concurrent with the first phase of development on the property. The improvements include but are not limited to the following: a. Full reconstruction of Shady Oak Road including pedestrian and bicycle accommodations from south of the City West Parkway North Intersection to north of the Highway 62 North Ramp Intersection. b. Widening and reconstruction of Shady Oak Road under Highway 62 to provide a second left turn (dual left) on the south approach of the Highway 62 North Ramp intersection and right turn lanes on the north and south approaches of the Highway 62 South Ramp Intersections. c. Reconstruction of the Shady Oak Road/West 62nd Street intersection to provide a second left turn lane (dual lefts) on the north approach, a third through lane and a right turn lane on the south approach, and four approach lanes on both the east and west approaches of the intersection. d. Reconstruction of the City West Parkway North Intersection to provide left and right turn lanes on the north and south approaches and four approach lanes on the east approach to the intersection. e. Reconstruction of West 62nd Street including pedestrian and bicycle accommodations from Shady Oak Road to east of the access point to Building 4, including the termination of West 62nd Street as a roundabout and the removal of any unused portion of existing West 62nd Street. f. Reconstruction of City West Parkway including pedestrian and bicycle accommodations to the east of Shady Oak Road to provide a roundabout at the intersection of City West Parkway and the new north-south on-site roadway. g. If a High Occupancy Vehicle (HOV) Bypass or Slip Ramp for the Shady Oak Road South Ramp to eastbound Highway 62 is included in the project the Developer will be responsible for 1/3 of the costs of the Bypass or Slip Ramp. 2. 100% of the project costs for the City West Parkway South Intersection. The improvement includes but is not limited to reconstructing the intersection to provide left and right turn lanes on the east and west approaches, a second left turn (dual left) on the north approach of the intersection and pedestrian and bicycle accommodations. 3. 23% of the project costs for Shady Oak Road(CR 61)between the limits of the two projects identified above. The improvement includes the full reconstruction of Shady Oak Road to a 4-lane divided roadway with turn lanes and pedestrian and bicycle accommodations. 4. 14% of the project costs for the Highway 212 / Shady Oak Road(CR 61) interchange improvement. The improvement includes the full reconstruction of the interchange including the construction of an 8-lane bridge with pedestrian and bicycle accommodations. For the purposes of cost participation the associated improvements at the City West Parkway South Intersection(improvement#2 above) and the Flying Cloud Drive Intersection will be considered separate projects. STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: August 5, 2011 PROJECT: UnitedHealth Group LOCATION: South of Highway 62, east of Shady Oak Road, and north of City West Parkway APPLICANT/ OWNER: United Healthcare Services, Inc. 120-DAY REVIEW: Expires November 20, 2011 REQUEST: • Planned Unit Development Concept review on 71 acres • Planned Unit Development District Review on 71 acres • Zoning District Change from Rural to Office on 71 acres • Site Plan Review on 71 acres • Preliminary Plat of 71 acres into one lot and one outlot BACKGROUND On July 19, 2011, the City Council approved the guide plan change from commercial and residential to office. PROJECT The project is 1,481,700 square feet of office to be constructed in four phases. Building 1: 256, 700 sf occupancy Q3 2013 Building 2: 341,700 sf occupancy Q3 2014 Building 3: 505,900 sf occupancy QI 2015 Building 4: 347,400 sf occupancy Q2 2016 There is a 3 acre site on the north side of HWY 62 that is included for concept approval but not zoning or site plan approval at this time. 1 PLANNED UNIT DEVELOPMENT WAIVERS A number of waivers have been requested. The potential benefits to the City for granting the waivers are as follows: • Preservation of a 15 acre wooded hill. • Create an office campus with 6,700 hundred jobs. • Provide jobs in close proximity to the future light rail station. • Create a smaller building footprint to reduce impervious surface by 8 acres compared to the approved plan • Total building is 87,400 sf. less than the approved plan. • The compact site development allows more open space to be preserved. • Tree removal is 15% compared to the approved plan at 28% The waivers requested include: • Building setback from 35 feet to 30 feet. Minimum front yard setback of 35 feet required; Parking Ramp A front yard setback 30 feet from proposed Shady Oak Road right-of-way line at southwest corner of ramp. Justification: The front yard setback for Ramp A adjacent to Shady Oak Road is variable along the Shady Oak Road Street frontage with a 50-foot setback at the mid-point and an 80-foot setback at the northwest corner. The average setback is in excess of the minimum for this street frontage. • Building height from 30 feet to 139 feet (bldg 1), 148 feet (bldg 2), 243 feet(bldg 3), and 178 feet(bldg 4). Justification: The proposed maximum height for these structures is proportional to the available site area and planned distances from perimeter site boundaries. Additional building height in this location is offset by adjacent natural features and contributes to the preservation of sensitive natural systems by reducing the disturbance area and development footprint on the subject property. • Parking deck height from 15 feet to 72 (deck A), 64 (deck B), and 82 (deck C) feet. Justification: The proposed maximum height for these structures is proportional to the available site area and planned distances from perimeter site boundaries. Additional building height in this location is offset by adjacent natural features and contributes to the preservation of sensitive natural systems by reducing the disturbance area and development footprint on the subject property. • Floor Area Ratio from .50 to .64 Justification: The increased density on Lot 1 allows for the creation of an open space preservation area that preserves a significant landform and tree resource. The overall 2 proposed floor area ratio including the preservation land conforms to the maximum allowable floor area. • Minimum parking dimension from 9' x 19' to 8.5' x 18', and drive aisle from 25 feet to 24 feet. Justification: Reduced parking stall and aisle dimensions contribute to efficiency in the proposed parking ramps that translates to reduced site coverage. Ramp parking for this project represents low-turnover parking that can be safely utilized given the low frequency of users entering and exiting the facilities during the times it is in use. The proposed parking dimensions requested with this waiver are consistent with other parking ramp designs for low-turnover parking in Eden Prairie. • Landscaping requirements caliper inch from 4,537 to 3,667. Justification: Insufficient suitable site area is available for the planting of a sufficient quantity of trees to meet the minimum requirement. The unmet landscaping requirements can be used for enhancements related to light rail including trails, plazas, architecture, and landscaping. • Signs 1. From one freestanding sign per street frontage to two on West 62 Street. 2. Freestanding sign size from 50 square feet to 104 square feet. 3. Sign height from 8-10.5 feet. 4. Wall sign size from 50 to 200 square feet. Justification: The proposed freestanding signage is based on consolidation and transfer of freestanding signage area that would be allowed per street frontage. The project site includes street frontage for Shady Oak Road, for City West Parkway, for West 62nd Street, for Highway 62, and for Highway 212; a total of five street frontages. Based on five frontages the ordinance would allow one 50 square-foot sign and four 36 square-foot signs; a total of 194 square feet of free-standing sign area. The PUD sign proposal would not exceed the 194 square-foot limit determined under the ordinance provisions Additional sign height is warranted for the area identification sign to be able to maintain workable sign proportions and to compensate for slope conditions along Shady Oak Road. The ordinance allows 50 square feet of wall signage per street frontage; for this project with streets surrounding the project area up to four signs totaling 200 square feet would be allowed for each building. 3 • Wetland Buffer Setbacks The wetlands were all classified as moderate quality and as such require a minimum wetland buffer of 20 feet with an average wetland buffer of a minimum of 40 feet. The average wetland buffer requirement is met for all wetlands. However, waivers requested from the minimum wetland buffer width are as follows: A reduction to 15 feet between Wetland CWN 1-21-B and Parking Ramp C. A reduction to 15 feet between the paved access trail along Building 3 and Wetland CWN 1-22-B. A reduction to 10 feet for the trail that runs between Wetlands CWN 1-21-C and 1-22-B. A reduction to 10 feet between Building 3 and Wetland CWN 1-22-A. A reduction to 15 feet between Building 2 and Wetland CWN 1-22-A. • Wetland Structure Setback from the required minimum wetland buffer strip. 1. Structure setback impacts of more than 10% of the surface area and structure setback reduced from 15 feet as follows: A) A reduction to 5 feet in addition to a 20-foot minimum wetland buffer strip for Parking Ramp B around the north half of Wetland CWN-1-22-D B) A reduction to 10 feet in addition to a 20-foot minimum wetland buffer strip for the west side of Parking Ramp C at the east side of Wetland 1-21-C. C) A reduction to 5 feet in addition to a 15 foot minimum wetland buffer strip for the south side of Parking Ramp C at the north end of Wetland CWN 1-21-B. The structure setback includes a 5-foot wide unpaved trail. D) A reduction to 10 feet in addition to a 20-foot minimum wetland buffer strip for infiltration ponding areas adjoining Wetlands CWN 1-22-C and 1-22-A. The structure setbacks include 5-foot wide unpaved trails. E) A reduction to 10 feet in addition to a 10-foot minimum wetland buffer strip for the ground floor level of Buildings 3 and 4 at points adjoin Wetland CWN 1-22- A. Paved and unpaved trails are within the structure and wetland buffer setbacks. F) A reduction to 10 feet in addition to a 10-foot minimum wetland buffer strip for the ground floor level of Building 2 at points adjoining Wetland CWN 1-22-A. 4 G) A reduction to no structure setback in addition to a 20-foot minimum wetland buffer strip for retaining walls adjacent to Wetlands CWN-1-22-C and CWN-1- 22-E. H) A reduction to no structure setback in addition to a 10-foot minimum wetland buffer strip for trails adjoining Wetlands CWN 1-22-A, 1-22-C. Paved trails would be considered structures. Justification: For requests (A-G)reduced structure setbacks would have minimal impact on the ability of the buffer strips to provide sufficient area for protecting wetlands from pollutants and for providing for wildlife corridors near wetlands as the plans do provide the required average wetland buffer strip of 40 feet minimum, if you include the non-paved trails within the wetland buffer averaging. The adjacent structures represent vertical surfaces in conditions where the upstream or upslope conditions contribute little or no runoff to the basin being protected by the buffer strip. The basins being affected are in all cases provided with buffers meeting the requirements of the Watershed District and City for wetland buffer strips. For request(H)the provisions that exempt interpretive trails from buffer and structure setback requirements should apply to most of the proposed unpaved trails. However some trails proposed in the PUD double as paved egress paths that additionally provide emergency exiting for office occupants and would not strictly be defined as intended for interpretive use only. Due to the tight configuration of wetlands, storm water management basins, and lack of upland areas in a few key locations to support trail development, the PUD requires structure setback relief to meet conflicting trail objectives. In all cases the trails are located to maintain a 10-foot minimum wetland buffer strip between unpaved trails and the wetlands. Potential negative consequences from trails within the buffer areas are offset by the application of 40-foot average buffer widths meeting the requirements of the Watershed District and City for wetland buffer strips. Staff Comments: Staff do not support the wetland waivers based on the proposed plan due to the concern regarding the ability of the wetlands to continue to function within the footprint of the proposed development. Areas of concern include the proposed building floor elevations, pilings or footings below the water levels of the wetlands; the use of foundation drains or basement sump pumps so close to the wetlands; changes in the Normal Water and Ordinary High Water Levels of the wetlands; the width of the wetland buffer and structure setbacks between the proposed buildings and wetlands; and the drainage areas to some of the wetlands. Plan changes should be incorporated to reduce the number of waivers in order to help maintain the flow of water, the size of the drainage areas and the ecological corridors. This would include moving the building footprints to avoid potential impacts to the wetlands, including puncturing the clay seal that has been 5 identified around the wetlands; preserving the Watershed District's wetland buffer setback areas; and preserving the ecological corridor between Wetlands CWN 1-22-A and CWN 1-21-B. ARCHITECTURE All buildings and parking structures conform to the 75%requirement in the office district. The buildings and decks are precast and glass. TREE REPLACMENT Tree loss is 15 % or 2053 inches. The required tree replacement is 537 inches. The plan meets this requirement. LANDSCAPING The landscaping requirement is 4,567 inches. The plan provides 3,667 inches. The unmet landscaping requirements can be used for enhancements related to light rail including trails, plazas, architecture, and landscaping. PARKING The required parking is 5,804 spaces. The plan provides 6,448 spaces UTILITIES City sewer and water is available to the site. DRAINAGE AND INFILTRATION The project is required to incorporate natural infiltration of precipitation on site and attenuate flow by the use of open vegetated swales and natural depressions. The Nine Mile Creek Watershed District standards require retention onsite of one inch of runoff from all impervious surfaces on the parcel. The plans provided do not meet the infiltration requirements. Consideration of additional infiltration and retention techniques, such as green roofs and permeable pavement, should be considered. The plan shows modifications to the Normal Water Levels (NWL) and Ordinary High Water Levels (OHWL) of half foot or more in many of the wetlands. Any changes to the NWL or OHWL could result in changes to the type and value of the wetlands or potentially result in the loss of wetland habitat over time which would require mitigation. As proposed, several of the building and ramp low floor elevations in relationship to the adjacent water body(constructed ponds and/or existing wetlands)high water elevations do not meet City or the Nine Mile Creek Watershed District requirements for flood protection(two feet above the high water level for the lowest floor elevation). 6 Water quality, water capacity, and utility infrastructure requirements as well as wetland impacts for all onsite or adjacent sites, including West 62nd Street and Shady Oak Road, must meet City and Nine Mile Creek Watershed District requirements and be incorporated into the site plans. The developer should confirm that all off-site drainage is accounted for in the development plans. Current plans show that the construction will be phased. The Minnesota Pollution Control Agency is in the process of revising the City's NPDES permit which will require changes to City Code and potentially Nine Mile Creek Watershed District and State Construction Permit requirements which may impact construction in 2012 or in future phases. SIDEWALKS AND TRAILS In addition to vehicular transportation, the proposed PUD Concept Plan includes transportation improvements for pedestrians and bicyclists and will provide connections to the planned City West LRT Station from existing residential and office areas to the south. These improvements for pedestrians and bicycles are: • A public trail along the east side of Shady Oak Road from City West Parkway north to West 62nd Street. The system will ultimately extend to the north and south with additional trail connections. (hard surface) • A public trail will extend along West 62nd Street from Shady Oak Road to the driveway entrance serving Building 4 and Ramp C. This trail will also provide public access to the City West LRT Station. (hard surface) • A public trail will extend from the south property line adjoining existing office and residential development in the City West development to the future location of the City West LRT Station. (hard surface) • A public sidewalk connection will extend from the site access point at City west Parkway along the north side of the public street to the public trail at the intersection of Shady Oak Road with City West Parkway. (hard surface) • The internal roadway system serving Phases 1 and 2 of the Office Campus will include sidewalk connections from the parking ramps and office buildings to the public trail and sidewalk systems outlined above. (hard surface) • A system of outdoor recreational trails for UHG employees will provide opportunities for exercise and recreation. (hard/soft surface) • Building 4 has also been located to facilitate convenient pedestrian connections with the future City West LRT Station. • A sidewalk along the east side of the north/ south internal private road. 7 TRAFFIC STUDY Based on the current draft traffic study(dated July 19, 2011)which shows increased Daily, AM and PM peak hour traffic all of the previously identified transportation improvements are still necessary. The draft traffic study also identified several additional transportation improvements that will be needed to support full build out of the proposed development. In addition, as result of the increase in traffic volumes and the proximity of the UHG driveway to Shady Oak Road a more detailed analysis is being completed to determine the specific intersection design that should be utilized for the UHG's intersections at W 62' Street and City West Parkway. Based on initial results this additional analysis may result in a recommendation to move the City West Parkway access to the east of its current location. The analysis will likely result in intersection designs that are different than what is currently shown on the UHG site plan which would impact right-of-way requirements. The following is a summary of the Trip Generation for the site compared to the Amended 2008 PUD. UHG TRIP GENERATION ESTIMATES 2008 AUAR Plan Proposed Plan Proposed Plan 2030 w/LRT DAILY 12,394 15,100 14,270 AM Peak Enter Exit Total Enter Exit Total Enter Exit Total Hour 1459 333 1792 1930 123 2053 1824 116 1940 PM Peak Enter Exit Total Enter Exit Total Enter Exit Total Hour 353 1288 1641 131 1740 1872 124 1646 1770 Based on the results of the traffic study the required road improvements which are fully or partially attributable to the project are as follows. 1. All Shady Oak Road improvements, including but not limited to: a. Widening under Highway 62 to provide northbound double left turns at Shady Oak Road/TH 62 N Ramp Intersection(Developer full responsibility) b. West 62nd Street Intersection Improvements: (Developer full responsibility) c. City West Parkway(north) Intersection Improvements: (Developer full responsibility) d. Improvements between City West Parkway intersections: (Developer partial responsibility) e. City West Parkway(south) Intersection Improvements: (Developer full responsibility) f. Widening of Shady Oak Road to connect to the above improvements and appropriately match existing conditions (Developer full responsibility) 2. TH 212/ Shady Oak Road Interchange Improvements (Developer partial responsibility) 3. HOV Bypass/ Slip Ramp to Highway 62 (Developer partial responsibility) 8 4. Shady Oak Road Trail between West 62nd Street and north City West Parkway intersection(Developer full responsibility) 5. The full reconstruction of West 62nd Street to the Building 4 access point including the appropriate termination of W 62nd Street, the removal of any remaining unused portion of the roadway, and intersection improvements at the site access point to West 62nd Street (Developer full responsibility) 6. Intersection improvements at the site access points to City West Parkway including full reconstruction of City West Parkway between Shady Oak Road and the site access (to the eastern terminus of the project) (Developer full responsibility). For projects in which the Developer is fully responsible this is intended to included all costs associated with the project including but not limited to construction, design, land acquisition, testing, legal, city administrative fees, and capitalized interest. LIGHT RAIL In the attached SRF report the proposed plans were reviewed to determine how light rail, the station, parking, auto access, pedestrian access, and water quality and infiltration can be integrated into the site. Three concept plans were prepared based on the current information in the DEIS on the alignment of the rail, station location, parking, and station elevation. The report shows there is room to integrate lightrail into the plan. The final plan will ultimately be determined by the Met Council as part of preliminary engineering, with input from the City and UHG. The preliminary plat should be revised to dedicate an outlot to the city to cover the area needed for light rail based on the plans in the SRF report. The grading plan should be revised to show how the proposed light rail pedestrian trail access to the south meets ADA requirements. Revise the site plan to show a 2nd light rail pedestrian access to the apartment buildings to the southwest of the site. Include a grading plan that meets ADA requirements. STAFF RECOMMENDATION Alternative One Recommend approval of the following request: • Planned Unit Development Concept review on 71 acres • Planned Unit Development District Review on 71 acres • Zoning District Change from Rural to Office on 71 acres • Site Plan Review on 71 acres • Preliminary Plat of 71 acres into one lot and one outlot. This approval is based on plans dated August 3, 2011, subject to the recommendations of this Staff Report, and the following: 9 1. Prior to City Council review the proponent shall revise the plan as follows: a) Provide a Final Wetland Mitigation Application and Plan that has been approved in writing by the Nine Mile Creek Watershed District. This would include an Avoidance and Minimization Plan that meets City and Watershed District standards and written confirmation from the Watershed District that they have approved the amount of wetland fill proposed for the site. b) Provide geotechnical and groundwater mounding analyses that confirm that the wetlands will not be drained or adversely impacted by the construction activities. c) Provide a water budget analysis that confirms that the wetlands will not be adversely affected by the construction. The analysis should compare existing and proposed conditions for dry, average and wet years. d) Reduce the number of waivers in order to help maintain the flow of water, the size of the drainage areas, and ecological corridors. e) Revise the plans to incorporate natural infiltration of precipitation on-site and attenuate flow by the use of open vegetated swales and natural depressions. f) Revise the plans to meet Nine Mile Creek Watershed District standards for retention onsite of one inch of runoff from all impervious surfaces on the parcel. Written confirmation from the District that the standards will be met must be provided. g) Revise the plans to show changes of no more than five (5) inches to the Normal Water Levels (NWL) and no more than six (6) inches to the High Water Levels (HWL) of the wetlands. h) Revise the plans to provide a minimum of two (2) feet between the High Water Levels (HWL) and the lowest floor elevation of any adjoining structures. i) Revise the plans to provide a consistent numbering system for wetlands, stormwater ponds and infiltration basins that meet city requirements. j) Provide phasing plans for public streets,utilities, storm sewer, grading and wetland replacement. k) Extend public sanitary sewer, storm sewer and water to serve the LRT station site. 1) Provide water quality, water capacity, drainage, infrastructure and wetland replacement for all roadways and transportation improvements located on or adjacent to the property, including West 62nd Street and Shady Oak Road. These must meet City and Nine Mile Creek Watershed District requirements, including for water quality, drainage and wetland replacement for any impacts. m) Revise the plans to provide adequate maintenance and access corridors to the public utility infrastructure. n) Revise the plans to include grading and all infrastructure and roadway improvements for West 62nd Street. o) Provide a grading plan to show how the proposed light rail pedestrian trail access to the south meets ADA requirements. p) Provide a 2nd light rail pedestrian access to the apartment buildings to the southwest of the site. Include a grading plan that meets ADA requirements. q) Modify the plans to reflect the recommended modifications to City West Parkway and West 62nd Street site access intersection designs. 10 r) Provide right-of-way to accommodate all necessary roadway and transportation improvements on all roadways adjacent to the property as indicated in the Engineering Staff Memo dated August 4, 2011. s) Revise the preliminary plat to dedicate an outlot to the city to cover the area needed for light rail based on the plans in the SRF report. t) Revise the preliminary plat to include Outlots over the wetlands, wetland mitigation areas and wetland buffers. All wetlands, wetland buffers and wetland replacement areas must be placed under drainage easements on the plat. 2. Prior to building permit issuance, the proponent shall: a) Submit detailed building plans to the Inspections Department and Fire Chief for their review and approval. b) Submit samples of exterior materials and colors for review and approval. c) Provide a landscape surety in an amount equal to 150% of the cost of the landscape plan. 3. Prior to Land Alteration permit issuance the proponent shall: • Submit detailed storm water runoff, and erosion control plans for review by the City Engineer. • Install erosion control measures as identified in the approved Stormwater Pollution Prevention Plan (SWPPP) for review and approval by the City Engineer. • Provide a tree replacement surety in an amount equal to 150 % of the costs of the tree replacement plan • Provide a Wetland Plan and Wetland Surety in an amount equal to 150% of the cost of the Wetland Plan. • Provide an Infiltration and Irrigation Plan that meets Watershed District Standards. • Provide a Land Alteration Surety in the amount equal to 125% of the cost of the Land Alteration/ Stormwater Pollution Prevention Plan. • Provide copies of all Federal, State, County and Watershed District permits required for the project. In addition, the Developer shall provide the following: 1. Transportation Improvements The Developer is fully or partially responsible for the following transportation improvements as follows. a) All Shady Oak Road improvements, including but not limited to: i. Widening under Highway 62 (Developer full responsibility) ii. West 62nd Street Intersection Improvements: (Developer full responsibility) iii. City West Parkway(north) Intersection Improvements: (Developer full responsibility) iv. Improvements between City West Parkway intersections: (Developer partial responsibility) 11 v. City West Parkway(south) Intersection Improvements: (Developer full responsibility) vi. Widening of Shady Oak Road to connect to the above improvements and appropriately match existing conditions (Developer full responsibility) b) HOV Bypass/ Slip Ramp to Highway 62 (Developer partial responsibility) c) Shady Oak Road Trail between West 62nd Street and north City West Parkway intersection (Developer full responsibility) d) The full reconstruction of West 62nd Street to the access point to Building 4 including the appropriate termination of W 62nd Street, the removal of any remaining unused portion of the roadway, and intersection improvements at the site access point to West 62nd Street (Developer full responsibility) e) Intersection improvements at the site access points to City West Parkway including full reconstruction of City West Parkway between Shady Oak road and the site access (Developer full responsibility). For projects in which the Developer is fully responsible this is intended to included all costs associated with the project including but not limited to construction, design, land acquisition, legal, city administrative fees, testing and capitalized interest . Based on additional analysis that is currently being completed it may be necessary to move the City West Parkway access east of its current location. The analysis will also likely result in intersection designs that are different than what is currently shown on the UHG site plan. The Developer will be responsible for implementing the recommendations that result from this additional analysis. 2. Drainage/Water Quality/Infiltration • Incorporate natural infiltration of precipitation on site and attenuate flow by the use of open vegetated swales and natural depressions to meet Nine Mile Creek Watershed District standards. Incorporation of alternative methods such as green roofs, permeable pavement, etc. must be considered. Irrigation used to meet the on-site retention must consider the type of soils onsite,be sized to allow for natural infiltration onsite and should be timed to allow irrigation to occur in accordance with City Code requirements. • Provide a minimum of two (2) feet between the High Water Level (HWL) and the lowest floor elevation of all structures. • Check the accuracy of the modeling performed for the project, a number of discrepancies were identified during our review. 3. Sidewalks/Trails • Provide outlots, easements, and right of way necessary for all public sidewalks and trails. • Meet City standards for all public sidewalks and trails. • Provide a sidewalk that will be available for public use along the full length of the east side of the north/south internal roadway. 12 4. Wetlands • Provide outlots/conservation easements over all wetlands, wetland replacement areas, and wetland buffers and a Declaration of Covenants and Restrictions over all wetland mitigation areas. • Manage stormwater to minimize impacts to the Ordinary High Water Levels (OHWLs) and Normal Water Levels (NWLs)proposed for all wetlands. Any modifications to the OHWL,NWL or high water levels will need to be approved by the Watershed District and/or Dept. of Natural Resources as this could result to changes in type, functions or values of the wetlands or the ability of the wetland to sustain its existing conditions. • Meet the wetland buffer minimum of 20 feet except for areas that are bounded by West 62nd Street or other wetlands. 5. Tree Preservation • Provide a conservation easement over the 15 acre wooded hill/wetland that is currently guided public/quasi public. 6. Travel Demand Management (TDM) Plan • The Developer will be responsible for implementing a TDM plan which shall include significant financial incentives commiserate with the size of the project. In addition convenient and adequate shower facilities shall be provided in each building and made available to all employees within the campus. 7. Recommendations in the SRF reports dated August 1-2, 2011. 8. Recommendations in the Engineering memo dated August 4, 2011. Planning Unit Development Waivers The staff recommendation includes granting the following waivers: • Building setback from 35 feet to 30 feet. • Building height from 30 feet to 139, 148, 243, and 178 feet. • Parking deck height from 15 feet to 72, 64, and 82 feet. • Floor Area Ratio from .50 to .64 • Minimum parking dimension from 9 x19 to 8.5 x 18, and drive aisle from 25 feet to 24 feet. • Landscaping requirements caliper inch from 4,537 to 3,667. • To allow than one freestanding sign per street frontage to two (2) on West 62 Street. • Freestanding sign size from 50 square feet to 104 square feet. • Sign height from 8-10.5 feet. • Wall sign size from 50 to 200 square feet. 13 • Wetland Structure Setbacks from the required minimum wetland buffer strip as follows. • A reduction to 10 feet in addition to a 20-foot minimum wetland buffer strip between Parking Ramp B and Wetland CWN-1-22-D. • A reduction to 10 feet in addition to a 20-foot minimum wetland buffer strip for the ground floor level of Buildings 1-4 at corner points adjoining Wetlands CWN-1-21- C, CWN-1-22-A, CWN-1-22-B, and CWN-1-22-C. • A reduction to no structure setback in addition to a 20-foot minimum wetland buffer strip for retaining walls adjacent to Wetlands CWN-1-22-C and CWN-1-22-E. • A reduction to no structure setback in addition to a 20-foot minimum wetland buffer strip for paved trails throughout the PUD. • A reduction to no structure setback for interpretive trails (wood chip or grass) in addition to a 12-foot minimum wetland buffer strip between Parking Ramp C and Wetland CWN-1-21-B. Interpretive trails must be no wider than 8 feet(with all trail and mowed areas combined). • A reduction to no structure setback for interpretive trails (wood chip or grass) in addition to an 11-foot minimum wetland buffer strip between Wetlands 1-22-B and 1- 21-C; and between Wetlands 1-22-A and 1-21-C. Interpretive trails must be no wider than 8 feet(with all trail and mowed areas combined). 14 MEMORANDUM To: Development Review Committee From: Engineering Division Date: August 4, 2011 Subject: United Health Group The following are preliminary comments by the Engineering Division in review of a development proposal for United Health Group(Shady Oak Road Property). The plans were prepared by Westwood Professional Services and are dated July 21, 2011. All comments are directed to the portion of the property being platted—the property located north of TH#62 is not included in the scope of this project. The grading,wetland,wetland buffer,wetland alteration,wetland delineation and storm sewer plans and the Storm Water Management Plan(SWMP)labels for ponds,infiltration basins and wetlands should be coordinated and consistent with all plan sheets. In addition to comments within this memo,plan review comments from SRF Consulting Group,Inc.are attached and should be considered part of this memo. SRF was retained by the City of Eden Prairie to assist in the review of the plans for this project based on the complexity and schedule for this project. PLAT The drainage and utility easements over the public sanitary sewer and watermain should extend 10' either side of the public utility line for a minimum 20' width. In locations where the sanitary sewer and watermain are directly adjacent to each other, a minimum of 10' between lines must be maintained with a total easement width of 30'. Drainage and utility easements should be placed over all public infrastructure. A conservation easement will be required over the wetland, wetland mitigation and wetland buffer areas. The conservation easements should be placed under outlots. These outlots should then be deeded to the City or drainage easements placed over the conservation easements. Interpretive trails can be included in the conservation easement but the easement diagram must show the location of the trail corridors. Trails within conservation easement areas must be wood chip or grass surfaced. A public access easement over the north/south internal roadway and sidewalk will be required. Right-of-way to accommodate all the necessary roadway and transportation improvements on all roadways adjacent to the property is required and should be shown in the plans. United Health Group City of Eden Prairie Engineering Department Comments August 4, 2011 Page 1 Outlots, easements, and right of way necessary for all public sidewalks and trails is required and should be included in the plans. SPECIAL ASSESSMENTS This property has been fully assessed for trunk sewer and wateiivain and no further trunk assessments will be due with this project. GRADING AND DRAINAGE All storm water features, including ponds, infiltration basins (surface & underground structures) and wetlands,identified within the SWMP should be clearly indicated on the grading plan and consistently numbered. Routing and sub watershed areas for these features must also be shown. Details regarding the phasing of the infrastructure installation and grading as it corresponds to the Building Phasing will be required and should be included within the plans. It appears there are inconsistencies between the SWMP and grading plan in regards to pipe sizing,pond locations, water levels, etc. as identified within the attached SRF memo. The project engineer should check&rerun the Hydro Cad model after appropriate revisions have been made and update the SWMP and grading plan to reflect the revisions. As proposed,several of the building and ramp low floor elevations in relationship to the adjacent water body(constructed ponds and/or existing wetlands)high water levels do not meet City or the Nine Mile Creek Watershed District requirements for flood protection. The plans must be revised to meet City code (Section 11•.50, Subdivision 9A) and watershed requirements. A piped outlet for Wetland CWN-1-22-E must be provided. All NURP ponds must include 10:1 benches. Maximum discharge pipe velocities should be limited to 5 fps. The current plans only provide infiltration for approximately half of the on-site retention requirement. Other options such as the use of green roofs,infiltration trenches or permeable pavement in driveways should be explored to enhance infiltration and retention. There is also a concern that the clayey soils and the close location of the proposed infiltration basins to the surface elevations(NWL or OHWL)of adjacent wetlands may reduce the effectiveness of the infiltration and that this information is not adequately modeled. In addition, an analysis of the groundwater drainage should be included to avoid re-routing of surface runoff into deeper more-free draining soils and not into the wetlands, leading to inadvertent draining of wetland conditions. United Health Group City of Eden Prairie Engineering Department Comments August 4, 2011 Page 2 A Rainfall Irrigation Plan was submitted on July 22, 2011 for review. The irrigation plan does not appear to meet City requirements for irrigation. Please revise the irrigation requirements to enable the property owner to meet City Code odd/even and no noon to 5 p.m. watering restrictions. In addition, the plan should be revised to meet City guidelines for irrigation of no more than one inch of water, whether through irrigation and/or rainfall,within one week. This is especially critical for clayey soils with poor infiltration rates. Irrigation could potentially be expanded into the margins of the wetland buffer areas to provide more surface area for irrigation, however the plans for irrigation should be provided for review and approval by the City and Watershed District prior to finalizing plans. Irrigation line locations from the tanks to the irrigated areas must also be provided. No storm water treatment or storm sewer infrastructure is shown for storm water runoff from West 62nd Street or the intersection improvements at West 62nd Street&Shady Oak Road. Storm water treatment meeting City and NMCWD requirements must be incorporated into the development plans with appropriate revisions to ponds and infiltration basins. Pre-treatment of storm water runoff will be required prior to discharge to the wetlands. Revised calculations & plans must be resubmitted for review& approval. The grading plan must clearly indicate all grading for trails, streets and buildings as well as the height of retaining walls. A 1" = 50' grading plan should be submitted for ease of review. 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. UTILITIES Public sewer and water lines should be extended to serve the future LRT Station site. Water main must be sized for buildings and fire protection. It appears the watermain serving Building 4 and Ramp C will need to be upsized to at least an 8"line. The preliminary soil borings do not include borings within the utility corridors — specifically the corridor through the wetland areas. The capacity of the soils within these areas must be capable of supporting the public utilities while not impacting wetland conditions or alternative construction methods (piling, re-routing lines, etc.) will be required. Prior to construction, additional soil borings and recommendations will be needed for the final detail design. Access for the maintenance of the public utility infrastructure must be provided. This must include vehicular access for construction vehicles. Specific areas of concern include: the areas adjacent to wetlands CWN 1-22-B and CWN-1-21-C; areas adjacent to Buildings 3 &4 and Ramp B; and height clearance due to the pedestrian connection between Buildings 3 &4. Relocation of the proposed utility corridors may be necessary to provide the needed access. United Health Group City of Eden Prairie Engineering Department Comments August 4, 2011 Page 3 Plans for public infrastructure should consist of plan and profile on 24x36 plan sheets and designed to City Standards. Specifications according to Eden Prairie standards shall apply and are required. The design engineer shall provide daily inspection,certify completion in conformance to approved plans and specifications and provide record drawings. WETLANDS Wetlands are present on the project site. The wetlands have been classified as Moderate Quality by the Nine Mile Creek Watershed District(Watershed District). Wetland Delineation/Wetland Replacement Plan Analysis and Review The Wetland Delineation Report indicates that some of the wetland onsite may be incidental. A full analysis of the individual wetlands should be conducted to minimize wetland mitigation requirements. This may open areas that could be used for infiltration or to provide additional wetland buffers. Information must be provided to the Watershed District for review and approval and to call a Technical Evaluation Panel (TEP)to review the Incidental Wetland Evaluation and Wetland Replacement Plan. An avoidance and minimization plan that meets City and Watershed District requirements must also be provided. In addition,the plans only show on-site wetland replacement of approximately 1:1,written confirmation from the Watershed District that this is acceptable must be provided. Wetland Buffer Requirements A Proposed Watershed Wetland Buffers Applying Averages dated July 28, 2011 was used for the review of the proposed wetland buffers. All buffers must at a minimum meet Nine Mile Creek Watershed District standards for wetland buffers and structure setbacks. The minimum buffer width required is 20 feet with a minimum average width of 40 feet. The structure setback requirement is 15 feet from the edge of the wetland buffer. The final proposed buffer must be shown on all plans,not just the 20 and 40 foot lines. How the buffers will be incorporated into the overall site design must be shown on the plans. The Grading and Wetland Buffer Plans must show how the average wetland buffer width will be met for each individual wetland. The analysis cannot include the structure setback areas. The current wetland buffer plan sheet does not appear to distinguish between the types of buffer and it appears the structure setback areas may be included in the average buffer width analysis as well as the trails. The plans must show how the buffers would be preserved to meet the minimum average width. Interpretive trails cannot be paved or hard-surfaced; they must be wood-chip or grass. The width of surface and mowed areas must be limited to no more than eight (8) feet in width. Native vegetation must be allowed to grow up to the edge of the maintained trail corridor. United Health Group City of Eden Prairie Engineering Department Comments August 4, 2011 Page 4 Unacceptable vegetation, such as invasive species, was identified within the wetlands and wetland buffers. A plan to address these issues is required. Structure Setback Requirements The structure setback areas do not meet City Code requirements in all locations. Plans should be modified to meet City Code requirements to the fullest extent possible. The City will not require that wetland buffer areas be impacted to include the structure setback areas. However,the structure setbacks should be a minimum of 10 feet between any structures(including paved or hard-surface trails)and the wetland buffer as the wetland buffer areas must be under a conservation easement and not maintained. For example, a conservation easement cannot run against the side of a building. Structure setback areas must be shown on the plans. A maximum of 10%of the Structure Setback area may be occupied by any Structures, including items such as trails, retaining walls, parking lots, roadways,buildings and patios. An analysis of the structure setback areas and the percent impacted by the current plans must be provided. Paved or hard-surfaced trails must be included in the structure analysis. Wetland Replacement Plans Written confirmation from the Watershed District that the requirements have been met for the Wetland Replacement Plan must be provided. All wetland replacement areas must be considered a minimum of moderate quality and meet the wetland buffer requirements established for moderate quality wetlands. This includes a minimum wetland buffer of 20 feet and a minimum average width of 40 feet for all wetland mitigation sites. Final wetland replacement plans will be required before the plans are submitted to the City Council for review and approval. This must include a completed and approved Part 1 /Part 2 Combined Wetland Permit Application for the impacts. The table on Plan Sheet C 10 must be revised to include the totals for wetland fill, on-site replacement and proposed off-site replacement to show an accurate total for the proposed replacement. Trail Plans Trails that serve an interpretive function can be exempted from the wetland buffer strip setback requirement; however any interpretive trails must be minimized to preserve the native habitat and natural corridors that link the individual wetlands on site. Multi-use paved or hard-surface trails cannot be considered as interpretive trails. The number and placement of the trails shown on the current plans go beyond the intent of this exemption as they fragment the native habitat of almost every wetland as well as the ecological corridors between wetlands. In addition,paved or hard-surfaced trails would be considered as structures and must be outside of the wetland buffers entirely. United Health Group City of Eden Prairie Engineering Department Comments August 4, 2011 Page 5 As an example,the trails between Wetland 1-22-B and Wetland 1-21-C and/or Wetland 1-22-B and 1- 21-B should be removed to allow for natural corridors and provide native habitat. The trails along the wetlands should be minimized and moved out of the wetland buffers to the fullest extent possible to provide more space for natural habitat. Sufficient buffer strip must be provided to maintain the quality of the wetlands on site. In addition,the trail plan should consider significant trees and vegetation mass to reduce impacts to trees and other vegetation within the buffers and corridors. No significant trees should be removed for construction of trails. The wetland buffer for Basin B(01-22-C)is significantly impacted by the proposed roadway,building and trail system leaving little room for a native buffer that is untouched. The plans must be modified to provide more native buffer that is not impacted by roads, building or trails. For example, the trail should be moved entirely out of the wetland buffer in this location to provide more native habitat. For additional comments on trails,please see the Trail and Sidewalk section. Drainage Impacts The proposed drainage areas for the wetlands have been significantly altered. Please provide a detailed analysis of the existing and proposed sub-drainage areas,including a water budget. The analysis should look not only at surface drainage but also sub-surface hydrology, especially with the potential of exposure to freer draining soils at lower levels. The wetlands will require monitoring both during and after construction to ensure that the remaining wetland types are not changed or that the wetlands are not inadvertently drained due to the modifications. If the wetlands are impacted by the altered drainage plans, the wetland replacement plans for the site will need to be modified accordingly. In addition, impacts to wetlands downstream from the project site must also be evaluated to determine if the proposed water management plan could adversely affect the water levels or water quality within these wetlands. The Applicant is required to incorporate natural infiltration of precipitation on site and attenuate flow by the use of open vegetated swales and natural depressions. The Nine Mile Creek Watershed District standards require retention onsite of one inch of runoff from all impervious surfaces on the parcel. The plans provided do not meet the infiltration requirements. In addition, the Applicant shows modifications to the Normal Water Levels (NWL) and Ordinary High Water Levels (OHWL) in a number of wetlands. This could result in changes to the type and value of the wetlands or potentially drainage of the wetlands to where they could not be supported as it exists now, both of which would require mitigation. Plans must be revised so that all wetlands remain within 5 inches of the existing NWL or and no change to the existing OHWL unless it can be demonstrated that the proposed changes will not change the type or character of the wetland. All infiltration basins must be constructed outside of the wetland buffers. United Health Group City of Eden Prairie Engineering Department Comments August 4, 2011 Page 6 No stormwater system is shown for West 62nd Street. Stormwater must be treated prior to discharge to any wetlands onsite. Plans for infiltration and treatment of stormwater must be shown on the plans. This would include any trails, curb or gutter infrastructure required for the street. Soils Analysis/Potential Grading Impacts The site analysis states that clayey soils are present onsite. If any utilities are proposed to cross any wetlands or be placed immediately along wetland boundaries a soil analysis must be performed to determine whether the wetland may be perched and could potentially be impacted by any trenching or excavation. If this is a potential, alternative construction methods or alignments would be required. In addition, many of the buildings are placed close to wetlands or constructed to elevations below the NWL of the wetlands. In addition,use of pilings,footings,foundation drains,sump pumps or basement drain tile could result in even deeper impacts or exposure of the wetland hydrology to freer draining soils. The concern is that these construction activities could impact any perched conditions resulting in additional impacts to the wetlands that would require replacement or mitigation. Additional soil and groundwater analysis is required to provide a better picture of potential impacts to the wetland due to site design. Conservation Easement Requirements The wetland and wetland buffer must be placed under conservation easements and located within outlots. All wetland mitigation sites that require a Declaration of Covenants and Restrictions and their buffers must also be placed within a conservation easement. The outlots should be dedicated to the City. Interpretive trails may be within the buffers according to City Code,an exception for the any trails located within the easement must be referenced in the conservation easement document. Water Body Identification Numbers—Missing Information Water body identification numbers must be included for each infiltration and stormwater ponding area and should be requested prior to submittal of any new plans. LRT Development Plans The current plans show a disconnect between the overall development and the proposed LRT. Water Body 01-21-A is potentially within the proposed alignment for the Southwest LRT station and should be included in the overall analysis for wetland impacts to the site. Discussion on how the potential impacts could affect the overall amount of wetland fill and required wetland replacement should be included. Detailed grading plans would not be required at this time. PERMITS The responsibility of acquiring all permits for this project lies solely with the developer/owner of the United Health Group City of Eden Prairie Engineering Department Comments August 4, 2011 Page 7 project. Permits that may be required include: • NMCWD - Wetland and Land Alteration Permits • NPDES • MCES • DNR • MPCA • Department of Health A Land Alteration permit will be required from the City. The current plans call for phasing of the construction. The MPCA is in the process of revising the City's NPDES Permit which would require changes to City Code and potentially to Watershed District Rules or the State Construction Permit requirements. These modifications could change what will be required for stormwater treatment and infiltration in 2012 or for future phases. TRANSPORTATION IMPROVEMENTS AND STREETS The Developer is fully or partially responsible for the following transportation improvements as follows. a) Shady Oak Road widening under Highway 62 (Developer full responsibility) b) Shady Oak Road/West 62nd Street Intersection Improvements: (Developer full responsibility) c) Shady Oak Road/City West Parkway(north) Intersection Improvements: (Developer full responsibility) d) Shady Oak Road Improvements between City West Parkway intersections: (Developer partial responsibility) e) Shady Oak Road/City West Parkway(south) Intersection Improvements: (Developer full responsibility) f) TH 212 /Shady Oak Road Interchange Improvements (Developer partial responsibility) g) HOV Bypass/Slip Ramp to Highway 62 (Developer partial responsibility) h) Shady Oak Road Trail between West 62nd Street and north City West Parkway intersection (Developer full responsibility) i) The full reconstruction of West 62nd Street to the access point to Building 4 including the appropriate termination of W 62nd Street, the removal of any remaining unused portion of the roadway, and intersection improvements at the site access point to West 62nd Street(Developer full responsibility) j) Intersection improvements at the site access points to City West Parkway including full reconstruction of City West Parkway between Shady Oak road and the site access (Developer full responsibility). United Health Group City of Eden Prairie Engineering Department Comments August 4, 2011 Page 8 For projects in which the Developer is fully responsible this is intended to included all costs associated with the project including but not limited to construction, design, land acquisition, legal, city administrative fees, and capitalized interest . In addition, as result of the increase in traffic volumes and the proximity of the UHG driveway to Shady Oak Road a more detailed analysis is being completed to determine the specific intersection design that should be utilized for the UHG's intersections at W 62nd Street and City West Parkway. Based on initial results this additional analysis may result in a recommendation to move the City West Parkway access to the east of its current location. The analysis will also likely result in intersection designs that are different than what is currently shown on the UHG site plan. The Developer will be responsible for integrating the recommendations from this review into the plan. Right-of-way to accommodate all the necessary roadway and transportation improvements on all roadways adjacent to the property, including the potential modifications noted above, is required and should be shown in the plans The wetland, water quality, and drainage impacts and associated infrastructure needs for all roadway and transportation improvements located on or adjacent to the property must be accounted for on site and should be shown in the plans. The plans must include the full reconstruction of West 62nd Street and should address Right of Way needs and dedication, street width, storm sewer improvements, trail location and the appropriate termination of West 62nd Street to the east of the access to building 4. Approximately the west 1000'of West 62nd Street improvements should be constructed concurrent with Phase I of the development. Pre- treatment of all runoff prior to discharge into the wetlands will be required. TRAILS AND SIDEWALKS Public trails that are not located within right-of-way will require trail easements. All public trails shall be constructed to City of Eden Prairie Standards meeting ADA requirements and shall be 8' wide. A sidewalk available for public use shall be provided along the full length of the east side of the north/south internal roadway. Many trails are shown in areas that will be frequently inundated,for example between infiltration area 900i and stormwater pond 900p; between Wetlands CWN 1-22-B and 1-21-F; and between wetlands CWN 1-21-C and 1-22-B. To reduce maintenance issues due to wet conditions we recommend removing the trails from these locations or using boardwalks to cross the areas. Boardwalks would not be considered as hard-surface trails. TRAVEL DEMAND MANAGEMENT (TDM) PLAN United Health Group City of Eden Prairie Engineering Department Comments August 4, 2011 Page 9 The Developer will be required to develop and commit to a Travel Demand Management(TDM)Plan to help reduce traffic congestion and which shall include significant financial incentives commiserate with the size of the project. In addition convenient and adequate shower facilities shall be provided in each building and made available to all employees within the campus. United Health Group City of Eden Prairie Engineering Department Comments August 4, 2011 Page 10 S ' F ' ' T ' EVIE 2111 1104 ENGINEERS I PLANNERS DESIGNERS Consulting Group.Inc. SRF No. 7750 TECHNICAL MEMORANDUM TO: Michael Franzen, City Planner City of Eden Prairie FROM: Joni Giese,ASLA, AICP SRF Consulting Group, Inc. Mona Elabbady SRF Consulting Group, Inc. Matthew D. Hansen, PE(MN, ID) LS (MN, IA) SRF Consulting Group, Inc. DATE: August 1, 2011 SUBJECT: UNITED HEALTH GROUP SITE PLAN REVIEW The City of Eden Prairie asked SRF to review the proposed United Health Group (UHG) site development plan to determine how the proposed Southwest Light Rail Transit(LRT)Project could be integrated with the proposed development. The purpose of this task was to identify site constraints and opportunities of the proposed development to ensure that future development of the site would not preclude or constrain the development of the Southwest LRT station area or the trackage. This exercise is based on conceptual information and should be reevaluated once both projects have more detailed design available. A. City West LRT Station Understanding and Assumptions Conceptual engineering plans were developed for the Southwest LRT by Hennepin County as a part of the Draft Environmental Impact Statement (DEIS). Based on those plans,the LRT alignment and City West Station is located on the east side of the proposed UHG site, running parallel to TH 62 for a short distance before bridging over TH 62. The Southwest LRT alignment and station at City West are at a proposed vertical elevation approximately 25 feet higher than the existing ground elevation. The increased profile elevation is due to the need for the Southwest LRT to bridge over US 212 on the east, and bridge over TH 62 on the north. A retaining wall is proposed along the north side of the LRT tracks to accommodate the grade change. 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 Franzen UGH Site Plan Review -2 - August 1, 2011 The Southwest LRT Project will be initiating the Preliminary Engineering phase of the project soon and it is anticipated that the conceptual alignments prepared for the DEIS will be further refined. This current review of the UHG proposed site is based on the DEIS conceptual plans; however, once a final alignment has been designed for the Southwest LRT, another site review should be completed. The UHG development is proposed to be constructed in stages with the east end(near the proposed LRT station) constructed in the third phase of UHG's planned construction. B. Opportunities and Constraints Site constraints and opportunities associated with of the integration of the proposed City West LRT station with the proposed UHG development were identified as follows: • Extensive wetlands and topographical variations • Proposed LRT station platform will likely be at a higher elevation than finished site grade • Constricted conditions exist for roadway and trail geometrics • Access to site structures and LRT station will need to comply with Americans with Disabilities Act(ADA) requirements • Extensive use of retaining walls/structure will likely be required for LRT line and platform • Visibility of UHG Building 4 from TH 62 may be impacted by piers or retaining walls associated with the LRT tracks • Recognition of LRT station from TH 62 (station should be attractive and appealing) • Limited site access to the City West LRT station • Wayfinding to City West LRT station for transit riders • Safety and security for transit riders, especially those accessing the site via the pedestrian/bicycle trail C. Site Design Principles To ensure that future development of the site would not preclude or constrain the development of the City West Station the following site design principles were developed: • Provide park and ride, kiss and ride, and trail access to the LRT station. • In order to use resources wisely, UHG and the City West Station should consider sharing infrastructure resources when feasible (e.g. access road and parking structure). Franzen UGH Site Plan Review - 3 - August 1, 2011 • Provide a clear delineation between public and private spaces (e.g. access, circulation, and parking). • Provide a safe pedestrian crossing of all access roadways. • Try to mitigate the height differential between the LRT platform and adjacent land use through the use of tiered retaining walls, vegetation, and architectural treatments. • Provide multiple approaches for traversing the grade change between the site and the LRT platform (e.g. elevator and stairs). • Site structures and the LRT platform should utilize complementary architectural styles. • Terminate the trail and provide bike storage at the access drive elevation. If transit riders desire to bring bikes on the LRT with them,they will need to use an elevator or bike up the parking ramp. • Preserve vegetation in the wooded conservation area. • Minimize wetland impacts. D. Site Concepts Concept alternative sketches were developed to depict how the City West Station could be integrated with the proposed development based on three different site organization approaches. The sole purpose of the concept sketches presented here is to illustrate site design principles. It is assumed that different site layouts will result based on the final design of the Southwest LRT alignment and refinements to UHG's site design. The concept sketches are based on the following assumptions: • The park and ride ramp should accommodate between 200 and 600 vehicles (approximately 100 vehicles per ramp level). The Southwest LRT DEIS includes a park and ride with capacity for 100 vehicles. • The Southwest LRT alignment as portrayed in the DEIS. • The LRT station platform could be shifted along the alignment approximately 50 feet in either direction from where currently shown in the DEIS. • The LRT station platform elevation is approximately 35 feet above building finished floor elevations. • The park and ride ramp ground level would be the same as the proposed UHG Ramp C entrance floor elevation. • A pedestrian/bicycle trail will connect with parking structure at finished floor elevation. • All wetlands impacted would need to be mitigated on site. Franzen UGH Site Plan Review -4 - August 1, 2011 • Stormwater treatment would need to be designed for additional impervious surface associated with the LRT platform,parking ramp and plazas. • A turn-around would need to be provided for West 62nd Street as it terminates/transitions to a private entry drive or a shared entry drive. Concept A (See Figure 1) Platform location In this concept,the City West LRT station platform shifts 50 feet to the south from the DEIS location. An elevated pedestrian plaza could meet the platform at grade and provide pedestrian access between the platform and the skyway and park and ride ramp. Rail and Platform structure The rail and platform would be elevated approximately 35 feet from finished floor elevations. Retaining walls on either side of the tracks could be utilized and tie into the park and ride ramp structure and site finished grades. Park and Ride/Kiss and Ride approach In this concept,the park and ride ramp is shown separate from the development in order to work with the existing grades and maximize room for direct pedestrian/trail connections. The kiss and ride drop-off could be located off of the park and ride ramp entry drive. A small pedestrian plaza and elevator tower meet the user at grade. Pedestrian movement Employees from the UHG building could access the LRT station from Building 4 with an addition of skyway. The skyway could be positioned so the user would meet the station pedestrian plaza and platform at the elevated grade. Park and ride ramp users could use an internal elevator tower to gain access to the pedestrian plaza and LRT platform. Those walking or biking to the station could use the trail system and then cross the park and ride ramp entry drive at a safe at-grade pedestrian crossing. A small pedestrian plaza and elevator tower meet the user at grade and provide access to the elevated LRT platform. 62nd Street terminus approach In this concept, West 62nd Street is terminated in an integrated approach that utilizes a loop road that connects the entry drive to the UHG Ramp C and the entry drive to the park and ride ramp. Franzen UGH Site Plan Review - 5 - August 1, 2011 Wetland impacts An existing wetland could be impacted by the retaining walls, LRT tracks, and park and ride ramp entry in this concept. Because of the many site constraints in the LRT station area,wetland mitigation would need to occur elsewhere on site. Stormwater treatment approach Stormwater runoff from the proposed LRT station platform,pedestrian plazas and park and ride ramp could be handled through a combination of a wet pond and a series of bio-infiltration basins. Refer to Figure 1 for approximate sizes and locations. Other treatment options such as pervious pavers and a green roof for the park and ride ramp could also be considered to further reduce impacts. Concept B (See Figure 2) Platform location In this concept, the City West LRT station platform shifts 50 feet to the south from the DEIS location. An elevated pedestrian plaza could meet the platform at grade and provide pedestrian access between the platform,the park and ride ramp, and the kiss and ride. Rail and Platform structure The rail and platform would be elevated approximately 35 feet from finished floor elevations. In this concept, the LRT tracks could be elevated on piers to minimize visual and physical impacts to the site. Park and Ride/Kiss and Ride approach In this concept,the park and ride ramp is shown connected to UHG Ramp C to promote efficient use of resources. Signage and designed visual cues could be used to help delineate private versus public space. The kiss and ride drop-off could be located off of the main shared entry drive. A small pedestrian plaza, elevator tower, and a grand stair meet the user at grade. Pedestrian movement Employees from the UHG building could access the LRT station from Building 4 with a safe at- grade crossing of the entry drive. A small pedestrian plaza, elevator tower, and grand stair meet the user at grade and provide access to the elevated LRT station platform. Park and ride ramp users could use an internal elevator tower to gain access to the pedestrian plaza and LRT station platform. Franzen UGH Site Plan Review - 6 - August 1, 2011 Those walking or biking to the station could use the trail system that directly connects to a small pedestrian plaza, elevator tower, and grand stair from the north side. From the south,the trail could terminate at the park and ride ramp and pedestrians gain access to the station through the elevator tower in the ramp. 62nd Street terminus approach In this concept, West 62nd Street is terminated with a cul-de-sac. The shared entry drive to the UHG Ramp C and to the park and ride ramp begins at the end of the cul-de-sac. Wetland impacts The existing wetland would not be impacted provided the LRT tracks are elevated on piers and the piers can be positioned to avoid the wetland. Stormwater treatment approach Stormwater runoff from the proposed LRT station platform,pedestrian plaza and park and ride ramp could be handled through a combination of a wet pond and a series of bio-infiltration basins. Refer to Figure 2 for approximate sizes and locations. Other treatment options such as pervious pavers and a green roof for the park and ride ramp could also be considered to further reduce impacts. Concept C (See Figure 3) Platform location In this concept, the City West LRT station platform shifts 50 feet to the south from the DEIS location. An elevated pedestrian plaza and platform are integrated into the parking structure. Rail and Platform structure The rail and platform would be elevated approximately 35 feet from finished floor elevations. In this concept, the LRT tracks could be elevated on piers to minimize visual and physical impacts to the site or could be elevated with the use of retaining walls that would tie into the park and ride ramp and site finished grades. Park and Ride/Kiss and Ride approach In this approach,the park and ride ramp is shown separate from the development in order to work with the existing grades and integrate the platform into the parking structure. The kiss and ride drop-off could be located off of the entry drive to UHG Ramp C. A small pedestrian plaza and elevator tower meet the user at grade. Franzen UGH Site Plan Review - 7 - August 1, 2011 Pedestrian movement Employees from the UHG building could access the LRT station from Building 4 with a safe at- grade crossing of the UHG Ramp C entry drive.A small pedestrian plaza and elevator tower meet the user at grade and provide access to the integrated LRT station platform within the parking structure. Park and ride ramp users could use an internal elevator tower to gain access to the pedestrian plaza and LRT station platform. Those walking or biking to the station could use the trail system that would directly connect to a small pedestrian plaza and elevator tower from the north side. From the south,the trail could terminate at the park and ride ramp and pedestrians access the station through the elevator tower in the ramp. 62nd Street terminus approach In this concept, West 62nd Street is terminated with a roundabout approach. The entry drive to the UHG Ramp C and a separate entry drive to the Park and Ride spur off of the roundabout. Wetland impacts An existing wetland would be impacted by the park and ride entry drive and roundabout in this concept. Because of the many site constraints in the LRT station area, wetland mitigation would need to occur elsewhere on site. Stormwater treatment approach Stormwater runoff from the proposed LRT station platform and park and ride could be handled through a combination of a wet pond and a series of bio-infiltration basins. Refer to Figure 3 for approximate sizes and locations. Other treatment options such as pervious pavers and a green roof for the park and ride ramp could also be considered to further reduce impacts. Attachments H.IProjects17750LAIDOCI EP UHG Memo-110801.docx Pedestrian Connection Retaining Walls \\ LRT Tracks \\\:\:.\\ Bio-infiltration Pond s. West 62nd Street Skyway Connection to LRT Turn Around f • Platform/Pedestrian Plaza Wet Pond € • ,.. \ Elevated Pedestrian Plaza Private Entry Drive `�'�` Kiss and Ride Drop Off(Lower Level) ._ �i, t.4,4�V.\, ��\ Elevator Building4 ai0 r♦ 1 4 .,...rr.)"."41 0 \ A Fool;\0. ‘. . 1 : -"X 0.040`.\\ fN. \ t IL i / \ \\ Park and Ride �� ', (118 spaces/floor) 1 \s, \ • \ Ram C r w ! J o \ f s / 7 A 1 Bio-infiltration Pond �J o 00 co Pedestrian/Bicycle Trail Connection w 0 U a m Q J O to N r U ON irki Concept A Consulting Group,Inc. United Health Group Site Plan Review Figure 1 7550 1 110801 City of Eden Prairie,MN West 62nd Street Turn Around ! TT1s0n d LR ra �� d Protect Existing Wetland Pedestrian Connection r' Elevator / Shared Entry i \\ Drive _ J \ \ Elevated Pedestrian Plaza Safe At-grade ( `*\ Crossing \` Kiss and Ride Drop Off (Lower Level) ' - Grand Stair/Planter Walls ��ti�i t�ii-,��, s� Building 4 ] `1r �'4'} I � `� Elevator J ago;•. �= ` \ 7 1 (0. \ . .,..s J.' t 6.1 t ' I Nip 4.\ tE 1g i Park and Ride i (100 spaces/floor) r ) Ramp C I j f r �� II \ i t 1 . .�-- 4` .� d. Bio-infiltration Ponds 13 Pedestrian/Bicycle Trail Connection #10 wl 0 o .--1 ioo U 0 O. lU a a J O L. N U 1. a. Concept B Consulting Group,Inc. United Health Group Site Plan Review Figure 2 7550 1 11 0801 City of Eden Prairie,MN LRT Tracks Elevated with Retaining Walls or on Piers Bio-infiltration Pond Pedestrian Connection ` Kiss and Ride Drop Off (Lower Level) 7.Wet Pond 1 `L N. Elevator West 62nd Street ' c �� Turn Around w} Elevated Pedestrian Plaza " —, r and LRT Platform Within Safe At-grade Crossing `\\ �. Parking Structure iI ♦ •___________ , _, -411,44,S; ie -,.., Building 4 t ', 1 `o, k I maw Park and Ride � (120 spaces/floor) � r \ < N / J : '4, y Ramp C 4 _ mlf- „„ Pedestrian/Bicycle Trail Connection Bio-infiltration Ponds g. I' riirrilii ioo 0I u) to nU a e `a, 'o y v od I ® Concept C Consulting Group,Inc. United Health Group Site Plan Review Figure 3 7550 1 110801 City of Eden Prairie,MN H:'Projects 17ii0'_Development ReviewlConnnent forms`UHG ReviewComtnentForm Pa,rickCorkle.docx REVIEW COMMENT FORM CLIENT: City of Eden Prairie SRF No. 0117550 PROJECT: United Heath Group(UHG) Development; Review preliminary site development plans Discipline:Traffic Reviewer Name: Patrick Corkle Items reviewed:Traffic Study July 19,2011 Date: August 1,2011 Items not reviewed: Comments Checked By: Matt Hansen Date: August 1,2011 Page No. No. Comment Dwg Doc 1 Overall the traffic study is well done with the assumptions documented. BP Gas Station—How do drivers get from BP to the proposed LRT Station or UHG? U-Turn at 2 Shady Oak Road? If so, is this desired? Should access be considered via a north leg at the UHG Access? Does this cause right of way issues? Spacing between UHG access and Shady Oak Road -Shady Oak Road is/will continue to carry large traffic volumes during the am and pm peak periods. The amount of green time/capacity available to the cross-streets (West 62" and City West Parkway North) will be limited during the pm peak period. To fully utilize this cross-street capacity, it would be advantageous to have 3 2 the UHG site access further from Shady Oak Road (to allow longer turn lanes, etc.). In addition, during the am peak periods, the additional space would reduce the probability of any vehicles spilling back into the Shady Oak intersections potentially impacting safety and operations. The feasibility of these modifications are challenging because of constrained right- of-way and wetlands (page 2). 4 Suggest further investigation into the most appropriate traffic control at the UHG site access points at West 62nd and City West Parkway North. Page 1 of 1 G:iC'onmmnn),Development Plmming PrnjeetsAetive Flies th,ited Health Grrn p 2011 S Rl' Documents\UHG Review Water Resources 8-3-11.docx REVIEW COMMENT FORM CLIENT: City of Eden Prairie SRF No. 0117550 PROJECT: United Heath Group(UHG) Development; Review preliminary site development plans Reviewer Name: Lisa Goddard Discipline: Water Resources Items reviewed: Storm Water Management Plan (dated 7/1/11), Date: July 29, 2011 revised infiltration computations (dated 7/22/11) Items not reviewed: Comments Checked By: Matt Hansen Date: August 1, 2011 Page No. No. Comment Dwg Doc A water budget analysis should be performed to confirm that Wetland B will not be adversely affected by the construction of buildings 1, 2 and ramp B. The analysis should compare existing and proposed conditions and include results for dry, average, and wet years. 1 General Detailed water budget analyses should be performed for all wetlands given the amount of grading being proposed and changes in flow patterns (from overland to pipe, etc.). One component that hasn't been addressed in the Storm Water Management Plan (SWMP) is the fact that the outlet elevation for at least one of the DNR wetlands is being lowered roughly 6 feet from existing. The engineer and geotechnical sub-consultant should confirm that wetlands won't be inadvertently impacted or drained by construction activities, such as the following: - Mass grading won't disrupt hydrology to the wetlands by allowing flow from upgradient areas to drain through freer draining soils at lower elevations and therefore, flow would bypass the wetlands. 2 General - Utility trenches through wetlands or adjacent to them, including any corrections to prepare a proper subgrade for pipe support, do not create a situation that drains wetlands through direct linkages to freer draining soils at lower elevations. - If the building elevations remain as shown on the 7/22/2011 grading plan: construction of overexcavation/soil corrections for building footings, construction of piers, use of building foundation drains or basement drain tile/sump pumps, and the like do not create a situation that either drains adjacent wetlands through direct linkages to freer draining soils at lower elevations or through the ongoing use of drain tile. We still have concerns that the surface infiltration basins will not function as intended given the 3 General proximity in surface elevation to the NWL of adjacent wetlands and given the clayey soils on site. Will these basins end up becoming wetlands? 4 General Has a groundwater mounding analysis been performed given the proximity between the buildings and wetlands or infiltration practices? Add dual labels for wetlands on the figures in the SWMP (and appropriate plan sheets): the 5 SWMP City's identification numbers and "Wetland A", "Wetland B", etc. to make it easier to follow between the SWMP narrative and the figures/plan sheets. . G.ConnnnnflyDevelopment Planning Projects Actire Files tUnited Health Group2011,SRL' Documents\UHG Review Water Resources 8-3-11.docx 6 SWMP The narrative should include a discussion of the building low floor elevations in relation to adjacent wetland/pond HWLs and groundwater elevations. Some ponds appear to be deeper than necessary to achieve the required dead pool, and one appears that it could be made slightly deeper to meet or get closer to the required dead pool. SWMP: For instance, Pond 900 is 10 ft. deep and provides 0.4 ac-ft more dead pool than needed, while 7 Water Pond 1300 is only 6 ft. deep and has 0.16 ac-ft less dead pool than needed. Is it possible for Quality Pond 1300 to be a little deeper to meet the dead pool requirements? If not, the narrative should summarize that the total dead pool being provided is greater than that required even though certain ponds are undersized. SWMP: Table 1 includes Pond 100 as a NURP pond. This pond doesn't appear on the grading plans. 8 Water Treatment for this subcatchment is described earlier in the SWMP as being performed by tiered Quality infiltration basins. Revise or clarify. SWMP: 9 Rate Update this section after revising the models as discussed in Comment 25. Control SWMP: Revise narrative to include proposed irrigation plan and other changes to the proposed 10 Infiltra infiltration plan. tion Add language discussing how pretreatment occurs for runoff from the impervious surfaces SWMP: before entering the infiltration basins. For the surface basins, it appears that pretreatment will 11 occur at the adjacent ponds. However, it's unclear how that will occur for the underground Infilt. basins. Also, provide information on the type of underground infiltration system being proposed, including a typical section/catalog page with anticipated cross-sectional dimensions. 12 SWMP: The infiltration basins should be labeled on the figures in the report and on the plan sheets Infilt. according to their numbers in the SWMP and City identification numbers. SWMP: It is unclear how runoff from the project's impervious surfaces will be routed to Basin 600i. How 13 Infilt. much offsite impervious surface will end up being routed through this basin, and is it large enough to handle that runoff? 14 SWMP: Add required infiltration volumes by subcatchment to Table 3. Infilt. Run the HydroCAD model for the 1" rainfall event to show that the infiltration basins have 15 SWMP: enough surface area to completely drain within 72 hours of the start of the storm (48 hours after Infilt. the end of the storm). As the basins are currently modeled, it is not evident that this will be the case. If needed, increase the footprint of basins that aren't draining quickly enough. 16 SWMP: Information should be provided on the wetland impacts and proposed mitigation in this section. Wetlands Update Table 4 after revising models as discussed in Comment 25. This table indicates that 17 SWMP: some wetlands will have increases in their 100-year HWL over existing conditions, and others Wetlands will have decreases. After revising the model, confirm that the City and/or the Watershed District will allow those changes in water levels. This section should also include a summary of the water budget and any other necessary 18 SWMP: documentation (eg., summary HydroCAD results, etc.) showing that the proposed splitting of Wetlands flows out of Wetland G between Wetlands B and I doesn't change the hydrology to Wetland B as compared to the existing condition. SWMP: This section should include information on Wetland J, the expectation that it will be filled as part 19 Wetlands of the SWLRT construction, and whether the site can accommodate any of the required mitigation as future reference for the SWLRT planners. 20 SWMP: The figures should show the locations of the two MnDOT ponds that are included in the existing models conditions model. 21 SWMP: Provide calculations for times of concentration that are longer than 15 minutes and were models entered into HydroCAD using the"Direct Entry" method. SWMP: Based on the existing conditions model, 601p is labeled as an existing pond in MnDOT's r/w. 22 models Is this the same pond as 601 p in the proposed conditions? If so, will MnDOT allow changes to I their pond? G.Community DevelopmentiPlmuting Protects Active F(les United Health Group 20111 S RF Documents\UHG Review Water Resources 8-3-11.docx 23 SWMP: As design progresses, the models should be updated with pond outlet control details to models demonstrate compliance with NPDES discharge requirements. 24 SWMP: Why are the overflow pipes out of the underground infiltration areas only 0.2 ft. above the models bottom of the system? Modeling the 1" rainfall would show whether this design is appropriate. We did not perform a detailed review of the models, but our quick review discovered several discrepancies and problems with the models. Thoroughly check the existing and proposed models and resubmit model results. These are a few examples of the kinds of things we found: 1. Based on current aerial photos, it appears that the impervious number for subcatchment 101 was switched with the pervious number. Confirm hydrology for all areas. 2. Pond 900p is shown as being routed to Wetland A(1-22-C). This is incorrect and should be routed directly to Wetland F (1-22-A). If the original routing is correct, then the outlet elevation for Wetland A is actually 2 feet higher than the NWL currently shown for 900p, and both 900p and 900i will end up with standing water up to elevation 916.0 rather than 914.0. Check that backflow is allowed by routing a secondary outflow from Wetland A(1-22-C) back to 900p if the original routing in the model is correct. 3. The bottom for infiltration basin 900i is shown in the model as being 913.5, but the grading plan shows the bottom contour as 914.0. The grading plan also lists the basin's"NWL" as 914.0. Since infiltration basins are intended to be dry except immediately following a storm, based on the grading plan I would assume that the basin's bottom elevation is supposed to be 914.0. 4. The 24" culvert out of 300p should be raised above the infiltration basin 300i's bottom elevation, which is shown on the grading plan as 896.0, in order to keep water in the basin long enough to infiltrate. 25 SWMP: 5. Basins 300i and 300p are shown in the model as going to Wetland B (1-22-E). Based on models the grading plan and the results from the 100-year model, a second overflow weir should be modeled that routes water from 300i to Wetland E (1-22-D) at roughly elevation 897.0. Therefore, the 24" pipe out of 300p would continue to be routed to Wetland B (1-22-E) and the new overflow weir would be routed Wetland E (1-22-D). 6. There are several situations where the water elevations of linked basins will affect the flow of water in the conduits between them and where backflow into the upstream basin would be expected to occur. The model needs to include a second conduit flowing in the other direction in order for HydroCAD to actually model the backflow condition. For instance, the outlet from 310i is at an elevation of 898.2 and flows to 300p, but the 100-year HWL in 300p is 899.02. This would cause backflow into 310i unless a backflow preventer will be constructed with the pipe. 7. Where is pond 601 p? Should the name for this basin be changed to 600i? Labeling of infiltration basins on the SWMP figures and the plan sheets will be helpful. 8. What does the storage modeled for 100i include?The surface area seems much larger than what we were able to scale from the grading plan. 9. Do the models include the added storage for the wetland mitigation areas? It doesn't appear that the mitigation site near Wetland G (1-22-B)was modeled as a separate node. Is it combined with another storage node? 10. Why isn't 101 p included in the models for the proposed conditions? Are all of the same offsite areas in both existing and proposed models? SWMP: Based upon the models, it appears that there will be many steep pipes draining to existing 26 wetlands (slopes > 8%). During final design, the engineer should investigate ways to decrease models slopes or use energy dissipaters to minimize scour at the downstream ends of these pipes. SWMP: Is the proposed outlet from Wetland J (1-21-A) intended to be a broadcrested weir (via surface 27 models overflow?) as shown in the model or a 15" pipe as shown on sheet C13? If the latter, the model needs to be revised to route the water into 1100p prior to Wetland F (1-22-A). SWMP: 28 Revised Does the area for Shady Oak Rd and W 62nd St include the trail, curb and gutter? Attmt. E SWMP: 29 Revised Have green roofs been investigated to reduce the amount of new impervious? Attmt. E G:'Comm�mily Development PlmminglP ojects Active Files Ih,i/ed Health Group 2011 SRI Documents\UHG Review Water Resources 8-3-11.docx SWMP: 30 Revised Comp sheets should include"Made by"and "Checked by" information. Attmt. E Does this table only reflect the City's buffer requirements? Nine Mile Creek Watershed District 31 C3 also has permitting jurisdiction over wetland buffers. This table should include whichever requirements are most stringent. Recommend that the trail between 900i and 900p be eliminated to prevent ongoing maintenance/wet conditions that will result due to the frequent overflows between the two 32 C7 basins. Although not quite to the extreme of the above-mentioned trail, similar considerations should be made for the two trails running between 1-22-A, 1-22-B, and 1-21-C and for the trail between 1-22-B and the adjacent wetland mitigation area. 7/18/11 Pond benches in general seem to be at 1v:6h slope for 12 ft, rather than at 1v:10h for 10 ft as 33 C8 per the City standards. Pond 900p does not appear to have a bench at all. The grading for all 7/1/11 C9 wet ponds should be revised to meet City standards for a 10-ft bench at 1v:10h. C8/C9 (as At what elevation is the trail between 900p and 900i? We assume that the intent is for water 34 above) from the pond to sheet into the infiltration area once the water level in the pond rises above 914.0, which would mean that water would frequently go across the trail. See Comment 32. According to the HydroCAD models, the 12" culvert that is the listed as the primary outfall for the 900p is at the same elevation as the spillcrest of the berm separating 900p and 900i. The 35 C8/C9 (as culvert elevation should be raised above the spillcrest of the berm in order to allow smaller above) storms to back into 900i and infiltrate. We have a similar concern for the culvert outlet from 300p. The sheet lists NWL elevations for the surface infiltration basins. Infiltration basins typically C8/C9 (as don't have NWLs since the water is supposed to all drain out the bottom. Is the intent to have 36 above) the basins be %foot lower than the NWL shown? If so, the proposed bottom elevation should be listed and spot elevations should be shown on the contour plan. References to NWL elevations for infiltration basins should be eliminated. The proposed crushed aggregate trail crosses an existing channel between 1-21-C and 1-22-B. 37 C8/C9 (as Will the trail be routed down into the bottom of the channel and back up the other side? above) Recommend that this trail be eliminated or that a culvert be added to convey the drainage under the trail. 38 C8/C9 (as Include information on the elevations associated with the underground infiltration system (i.e., above) what is the bottom of the practice and HWL?) on this sheet and/or C13. 39 C8/C9 (as Label overflow elevations for the overflow from 300i to 1-22-E, for 1-22-B, and the mitigation above) area between the latter and 1-21-B. The sheet is hard to read with the buffer lines and thick contour lines. What is planned for the grading between the wetland mitigation site and 1400p? The current spillover for 1-22-B occurs in the area between these 2 basins. The existing spill elevation appears to be 910.3. C8/C9 (as This appears to be the only outlet from the wetland today. The proposed grading appears to 40 above) lower that quite significantly (-6 ft.), and the proposed culvert outlets from 1-22-B are also much lower than the current spill elevation. Confirm that the design, by lowering the outlet elevation, will not adversely affect the wetland type/boundaries. Also, confirm that it won't change the character of 1-21-B or downstream facilities by routing more water into at lower elevations. 41 C8/C9 (as Confirm that work below the OHWs of DNR wetlands will not require a DNR permit. above) 42 C8/C9 (as Where is the overflow from 1-21-a? This should be added to the plan sheet. It appears that the above) overflow will run across the entry court. • G:Community Development':Planning iProtects Active File.s',United Health Group 2011 S Rl' Documents\UHG Review Water Resources 8-3-11.docx 43 C10 Table should include totals for the impact and the replacement areas. Do the areas listed in this table only reflect those portions of the hatched areas that meet buffer 44 C11 criteria (don't include buildings, pavement, retaining walls, etc.)? Or are these areas in the table what are required by the City and/or Watershed District, whichever is more stringent? 45 C12 Re-label wetlands to match the wetland designations in the report. Confirm that proposed trails aren't included in buffer calculations; impervious trails are considered structures. The HydroCAD model includes a 15" culvert outlet for Wetland G (1-22-B) but it doesn't appear on the plans. Where is this located? 46 C13 Do all of the culverts that are included in the HydroCAD model appear on the this sheet, and vice versa? The legend shows a flared end section with riprap at the apron. This symbol doesn't appear 47 C13 within the layout. Will riprap be placed at the ends of all aprons, at downstream ends only, or only for aprons discharging into new stormwater ponds? 48 C13 Label ponds, infiltration basins, and wetlands along with their elevations. Label them according to the SWMP designations and by their City identifications. 49 C13 Not enough information has been provided to determine if storm pipe design meets requirements or if pipe profiles work with crossings of other storm pipes and other utilities. As noted above, the HydroCAD models include steep pipes conveying flows from some of the 50 C13 basins into the wetlands. As design progresses, the engineer should try to flatten out pipes that discharge into the wetlands in order to minimize the potential for erosion at the ends of the pipes. Figure 2 from the SWMP indicates that the service court adjacent to buildings 1 and 2 will drain 51 C13 to 900p and 900i. It is unclear from the grading plan and from the preliminary storm sewer plan how this water will drain to those basins. The plan shows storm sewer connecting Wetland J (1-21-A) and 1100p. These basins are not 53 C13 hydraulically connected in the HydroCAD model. Confirm how drainage from Wetland J (1-21- A) is intended to occur. Also see Comment 42. Revise the HydroCAD models accordingly and provide new results to the City for review. 54 C13 Investigate the feasibility of providing a pipe outlet for 1-22-E that is above its NWL but below the street overflow elevation. Storm sewer for the proposed improvements to CSAH 61 is not shown. If improvements to CSAH 61 are intended to be constructed with this project, provide computations that demonstrate the design meets State Aid requirements for maximum allowable spread. 55 C13 Has the impervious surface for the expansion been included in the water quality computations for this project? Do 300p and 300i have adequate water quality capacity to account for this impervious area? Storm sewer for the proposed improvements to W. 62nd Street is not shown. Where will this drain? Has the impervious surface for the expansion been included in the water quality computations for this project? The runoff should be routed to one of the proposed ponds for 56 C13 treatment prior to discharging to a wetland, if possible. Do the treatment basins have adequate water quality capacity to account for this impervious area? If it is only possible to route the water to an infiltration basin, we recommend that the design include pretreatment in order to prolong the lifespan of the infiltration basin. Conrmmnity DevelopmentPlamnng Projects Acnre File,'.United Health Group 2011'.SRF Documents\UHG Review Water Resources 8-3-11.docx 57 L15 Confirm that the watershed district will allow crushed aggregate trails within the wetland buffers. H:'Projects i7550_Development Remit,Comment forms'.UHG_ReviewCommentFor,n MikeAnron.doer REVIEW COMMENT FORM CLIENT: City of Eden Prairie SRF No. 0117550 PROJECT: United Heath Group(UHG) Development; Review preliminary site development plans Discipline: Civil Reviewer Name: Michael Aaron Items reviewed: Grading,Sewer,and Water Date: August 2,2011 Items not reviewed: Comments Checked By: Matt Hansen Date: August 2,2011 Page No. No. Comment Dwg Doc GENERAL: Plans do not provide a lot of detail regarding construction. Profiles should be 1 provided for water and sewer lines. Valve locations should be shown. Construction drawings for the improvements to public roadways are not included in the plan set. 2 GENERAL: All public improvements should be constructed to City of Eden Prairie standards and specifications. It appears that there is a sanitary sewer that runs directly beneath the south property line 3 C2 adjacent to the apartment building and parking lot on the northeast side of City West Parkway. A utility easement should be included on the plat to cover this sewer line. The future City West LRT station is shown over West 62nd Street. Given the need for the LRT to cross over Highway 62 and 212, the station and track work will need to be elevated and 4 C7 would likely require retaining walls and fill material or bridge piers for support. Either of these support systems would interfere with the location of West 62nd Street as shown. Provisions should be made for relocating West 62nd from beneath the proposed LRT alignment, including right of way dedication. It appears that the proposed public trail along the south side of West 62nd Street leaves the 5 C7 proposed and existing right of way east of the entry drive off of West 62nd Street. The proposed right of way should be modified or an easement should be created for this portion of public trail. 6 C7 Pedestrian curb ramps should be provided where appropriate to comply with ADA standards. Full compliance with ADA standards will be required for the development. A public trail is shown from the south property line to the cul-de-sac at the end of West 62m 7 C7 Street. The preliminary plat does not show the trail to be in an easement. An easement shall be provided for this trail. The public trail along the south side of West 62Nu Street is shown leaving the public right of way 8 C7 east of the entry to proposed Building 4. This public trail should continue within public right of way to the end of the cul-de-sac and should connect to the public trail going to south from the cul-de-sac. Ensure that proposed right of way lines shown provide adequate area to construct public 9 C7 roadway improvements. The drawings do not show proposed lane widths, boulevard widths or trail/walk widths. Bottom floor elevation for ramp B is 896.5. Adjacent wetland (DNR 810W) normal water level 10 C9 is 904.0. Water levels in the wetland will need to be maintained during and after construction. Drainage systems placed to keep the bottom floor elevation of the ramp dry must not impact the wetland. H:'Projects;7530_Development RevieIVl Comment forms.UHG_Revie.CommentForm MikeAnron.doex 11 C9 Bottom floor elevation of Ramp C is 903.0. Adjacent wetland (CWN-1-21-C) normal water level is 907.3. Same concern as above. 12 C9 Proposed grading along Shady Oak Road and West 62nd Street should tie into proposed roadway conditions. 13 C9 Further development of grading plan needs to be provided for trails, adjacent to buildings, adjacent to parking ramps, etc. 14 C9 All public trails, sidewalks, etc. shall comply with ADA standards. 15 C10 Potential additional wetland replacement areas for consideration are located within and adjacent to Wetland CWN-1-21-B located within the conservation area. 16 C14 How will building 5 be serviced with sanitary sewer and water service? Water and Sanitary sewer services need to be provided to the future City West LRT station and 17 C14 park and ride. Include provisions for these services, including utility easements where necessary. There are portions of the proposed sanitary sewer and water lines that are very near or in some 18 C14 cases within the wetlands. The developer shall ensure that wetlands are not impacted by the construction of the utilities. 19 C16 Water line and hydrant to the north and east of Building 4 are not shown in utility easement? Area Location Map - United Health Group Address: Northeast corner of Shady Oak Road and City West Parkway and directly south of West 62nd Street City of Minnetonka 1 ma62 West 62nd Street r -1111 v NI .,„. it • A\ SITE 1 Shady Oak Road 'ill = o 62 • 1001 ' ,0 4 4 Tv )11 City West Parkway 0 %Giii- Ilfr ail Illik er e . ___/ al .; dP' - 4F -- - 114 silit -__ 1/4 i _* a _ � ' D ��_ N DAK RD • c9 11,780 Feet titI ant Lake I,, it _ �\ Guide Plan Map Address: Northeast corner of Shady Oak Road and City West Parkway and directly south of West 62nd Street, MN 55344 City of Minnetonka 11.iiiiiuuiUi•ii. _ IWest62nd Street P ,._.. iii„,kil, iiiiiihr- -- -- 44IN . 0. 411 fit I; !la "....\\ IR 11. 1I\ 011 101 \. i iiir /:(41 --- 1 .11 c Shady Oak Road City West Parkway 111011 r „gra _ _ _ _r„, pic `• . d : - 'ai : k • use G 11111 IF 14. 11 Rural Residential 0.10 Units/Acre Neighborhood Commercial N Low Density Residential 0-2.5 Units/Acre Community Commercial Streams I77 Low Density/Public/Open Space - Regional Commercial -Principal Arterial -A Minor Arterial Medium Density residential 2.5-10 Units/Acre®Town Center i + .i - B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06 n Medium Density Residential/Office n Park/Open Space DATE Revised 01-07-05 DATE Revised 03-01-07 — Major Collector DATE Revised 11-07-05 DATE Revised 06-01-07 E E N High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-23-06 DATE Revised 10-01-07 — • Minor Collector DATE Revised 03-23-06 DATE Revised 03-01-08 11 Airport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09 Office Church/Cemetary PRAIRIE ,, Office/Industrial Open Water LIVE•WORK•QAEAM VAOffice/Public/Open Space Right-Of-Way "®°�""°°" °" m•°•-°-""F_" " ___® - Industrial 0.25 0.125 0 I Miles Zoning Map Address: Northeast corner of Shady Oak Road and City West Parkway and directly south of West 62nd Street, MN 55344 City of Minnetonka ■ IWest 62nd Street II Is __ Yam- i � / N _ ____ -- --- - =------ ,......, ...) .1, pig i Irr _. _ !Pf. _........ . In 11111 z"..,.. ..___,_.______ _ r---- Shady Oak Road t __ o -- • 1 lik ilidik imp-1, City West Parkway giro R. Ii ik ._ , _, /, .410 mikty.1 vimpa ..„. N. a. Ci E• - n Prai � e Zoni • 11/1 -.,• Rural -Regional Commercial Shoreland Management Classifications N R144 One Family-44,000 sf.min. 1-7TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. n TC-R I RD I Recreational Development Waters R1 13.5 One Family 13,500 sf min. an TC-MU I GD I General Development Waters(Creeks Only) t I R1-9.5 One Family-9,500 sf min. Industrial Park-2 Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. Industrial Park- 5 Acre Min. EDEN Up dated through approved Ordinances#26-2008 -RM-2.5 Multi-Family-17.4 U.P.A.max. General Industrial-5 Acre Min. Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Office J Public Date:March 1,2009 Neighborhood Commercial I Golf Course In case of discrepency related to a zoning classificalon on this zoning map,the Ordinance LI,,;E•wo.=.r.DREAM and attached legal description on file at Eden Paine Ciry Center will prevail. -Community Commercial Water -Highway Commercial Right of Way 0 0.1 0.2 -Regional Service Commercial ,op....,��mo..,...,ti4.. Miles %- o..o.a., ...L..m..m ,..,,m„ Aerial Map--United Health Group Address: Northeast corner of Shady Oak Road and City West Parkway and directly south of West 62nd Street v ti — .. f:P .._ h•�: it—y w rr �' ` Ti..• 4 ,. b cif T" • • • ---� J ys' •.f .i A; r Y ' ) J.—. ... -:.:.T..... ,.. :,i\:..tv _..:•‘, '.i • . _ d' { 104* • Y at .LLB 4. + • % r.. /{} -.7.--:- ''7'-- . - • . ' ‘.11'' . it - t ey:-. _ . 4Aow . .___._,:.„_-__ West 62nd Street „I .6 & ,i,, •,/ • ay . ,_ ..., ., .,. , ., . 3/4•,. .,...... ..,,,.. ,, . • .„. . .. . ..c. -,;i1-1 - -.. Aln , a111! at: h 3i, Mil SIT - *••' : l i:. y v Yyr� 1111 r I .,.._., . - ,. . mi emu IIIII •-.- .i‘. ' !..-- • .-.. ' -:.:(7---,-„. ..,r-.-- ...---- II .1, 1..,.v, sr _._ _, , ..., . ., : . • ,. .-. ; itiir . _ . . , . _ . ..,.., _ . . . •-,. „ •,_. .: . _....,.,.. •,.... I4„ki-./tl%l.MI.iill°I i i, --.:.,....".'..,..':..•-.'... Shady Oak Road .::..':..•.'_•-_-.-—. ..,. . �.ti.....-• : ._ ...,..,/.....:'.:,....„•,.',.'...&'.,.„...,,.,.„.-,l,,.....„..,„..„,„,Itii„.,.,,'.: .:_ 1F - *)\ &r, CayWestP&kwayl 7 .. ` , .ram.�� r 114 j.. 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 A. VARIANCE #2011-05 by Lance and Barb Burger Location: 6710 Vermar Terrace Request to: • Permit a front yard setback from Edenvale Boulevard of 17 feet. City Code requires 30 feet. EDEN PRAIRIE PLANNING COMMISSION MINUTES August 8, 2011 Page 2 • Permit a front yard setback from Vermar Terrace of 29.75 feet. City Code requires 30 feet. Lance Burger, owner of the property,presented the proposal. He stated they would like to add a third garage stall to the property. The size would be 12 feet by 15 feet, which would be an additional 11 feet on the rear side for storage. They are here tonight to get a variance for this request. Acting Chair Schultz asked Franzen to review the staff report. Franzen stated the variance requests meet the 3 part hardship test and staff recommendation is for approval. Acting Chair Schultz opened the meeting up for public input. There was no public input. Lechelt asked Mr. Burger if he had discussed this variance request with his neighbors and had gotten their approval. Mr. Burger stated he discussed this variance request with his neighbors. MOTION by Fyten, seconded by Wuttke, to close the public hearing. Motion carried 5-0. MOTION by Fyten, seconded by Lee,to recommend approval of Final Order 2011-05 based on plans stamped dated July 26, 2011 and the staff report dated August 5, 2011. Motion carried 5-0. B. UNITED HEALTH GROUP by United Health Group Location: Hwy 62 and Shady Oak Road Request for: • Planned Unit Development Concept Review on 71 acres • Planned Unit Development District Review with waivers on 71 acres • Zoning District Change from Rural to Office on 71 acres • Site Plan Review on 71 acres • Preliminary Plat on 71 acres into 1 lot Lee excused himself from this proposal as he is an employee of United Health Group. Dennis Spalla, Senior Director in charge of Development at the United Health Group Real Estate Division, presented the proposal. He started off by stating there are pleased with the reception they have received from City Staff. He wanted to point out the construction of this facility will be the largest of their facilities. As eager as they are to get into the building, they realize it needs to be a very thoughtful approach. EDEN PRAIRIE PLANNING COMMISSION MINUTES August 8, 2011 Page 3 Thomas Oslund, of Oslund Associates, utilized the overhead projector to display photographs of the project. He stated they would like to take full advantage of the site and they are keeping it very green. Bill Blanski, of HGA Architects, stated they are constructing three parking structures and four office buildings. He utilized the overhead projector to show diagrams of this. He stated the construction will be done in phases. Mr. Oslund stated they have worked with the wetlands and trails on this site and there will be a trail running north and south through the conservation area. Mr. Blanski stated the master plan has the future LRT in its plan. He also showed the exterior of the project and the materials that they will be using; architectural pre-cast products. Miles Lindberg, of United Health Group, stated there will be 13 acres of wetland area on this project. They will be working out all of the requirements with the Watershed District. Some of the storm water improvement plans include storm treatment ponding on the site. In addition, the Watershed District has infiltration requirements and they will meet them through service infiltration basins. Another technique is the use of underground pipe improvements. He also stated another area of the planning process would be street improvements to W. 62nd Street, City West Parkway and Shady Oak Road. They would be adding turn lanes and improving the roadway. Mr. Spalla stated he appreciates the hard work by Staff and the Commission for their help. He pointed out they are in a fast track but are focused to do the right things. Acting Chair Schultz asked Franzen to review the staff report. Franzen stated the staff recommendations approval based on the items on 10-14. Items a-t need to be completed prior to City Council review, some are plan changes and some are studies. The second page includes procedural requirements before grading and building permit issuance. Page three are performance standards conditions,. The last page is the list of waivers that staff finds acceptable. Acting Chair Schultz opened the meeting up for public input. There was no input. Wuttke asked Staff if there was a concern with the utility structures on the wetlands. Rue stated there is some concern on the ability of this site to support those structures and some issues with access for maintenance vehicles, but they will be working with the project proponent on this. Lechelt asked how great of a concern is breaking the clay layer. Rue said there are some concerns with this, but again, they will be working with the project proponent and Watershed District on this to make sure it is developed correctly. EDEN PRAIRIE PLANNING COMMISSION MINUTES August 8, 2011 Page 4 Fyten asked if there was public participation in this project. Mr. Spalla stated they have not had any neighborhood meetings, but they would be happy too. Wuttke asked about private versus public trail systems. Mr. Spalla said the public trail system would be along the outside of the site, closest to the roadways. The internal trails would be private and are located inside the site. Walking on trails inside the site is for employees. There is a sidewalk along City West Parkway that can be used for biking or walking. Lechelt asked Staff about zoning and has there been more discussion with MNDOT or Hennepin County for road improvements. Rue stated they have talked with Hennepin County and it is not on their roadmap yet,but they are working with them on this project. Lechelt asked if the City would require a transportation bond. Rue stated there would be some sort of security associated with this. Vice Chair Schultz commented he is in favor of this project. MOTION by Fyten, seconded by Wuttke, to close the public hearing. Motion carried 4-0. Lee abstained. MOTION by Fyten, seconded by Wuttke, to recommend approval of the Planned Unit Development Concept Review on 71 acres, Planned Unit Development District Review with waivers on 71 acres. 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,based on plans stamped dated August 3, 2011 and the staff report dated August 5, 2011. Motion carried 4-0. Lee abstained. 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 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. EDEN PRAIRIE PLANNING COMMISSION MINUTES August 8, 2011 Page 5 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: September 20, 2011 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B. Community Development/Planning Certificate Of Appropriateness Janet Jeremiah/Scott Kipp #2011-02-032 REQUESTED ACTION Move to: • Close the Public Hearing. • Adopt the Findings of Fact and Approve Certificate of Appropriateness #2011-02-032 for the Dunn Bros. Coffee Store Site Improvements Plan (New Shed, Gazebo, and Parking Expansion). REQUEST AND BACKGROUND The Smith-Douglas-More house was designated a Heritage Preservation Site on September 16, 1997. The property is also eligible for registration as a National Register of Historic Places property. A Certificate of Appropriateness (COA) is required to make any change in, on, or to a designated Heritage Preservation Site, including demolition. Any proposed change, addition or alteration to a building, structure or site must meet the Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. The City Council approves the Certificate of Appropriateness. The Certificate of Appropriateness will approve the following three items: Shed: The City removed the existing workshop due to its dilapidated condition. The workshop was used to store trash containers, yard tools, etc. The need to replace the workshop with a smaller shed is necessary for secure storage of yard tools, mower, etc. (a new trash enclosure located behind the coffee store has already been approved). Gazebo: An outdoor seating amenity is requested to accommodate patrons who would like to be outside. The gazebo will incorporate the bell and cupola recovered from the workshop at the time of demolition. Parking Lot Expansion: Additional parking spaces have been a need since the coffee store opened. Space is now available to accommodate added parking in the area previously occupied by the workshop. Plans for parking would add 12 new spaces for a total of 39, including two handicap spaces near the main entrance. FINDINGS OF FACT The Dunn Bros. Coffee Store site plan for a lawn gazebo, shed and parking lot expansion have been found to meet general preservation standards applicable to this application request. The HPC may wish to adopt and recommend to the City Council the following Findings, based on the criteria in City Code, Section 11.05, Subd. 8. C., Criteria for Certificate of Appropriateness. C.1. Every reasonable effort shall be made to provide a compatible use for the property which requires minimal alteration of the buildings, structure, or site and its environment, or to use the property for its originally intended purpose. The gazebo and storage shed are appropriate type structures for the site and coupled with the proposed materials (German drop siding, reuse of the salvaged bell and cupola), scale and locations are found to meet the preservation standards. The new parking will be constructed in the area which was previously occupied by the workshop, existing parking lot sidewalk and fence screening. C.2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal of any historic material or distinctive features should be avoided when possible. There will not be any impact to the Smith-Douglas-More house. No loss of any historic materials or distinctive features will result from the construction of the gazebo, shed or parking area. C.3. All buildings, structures and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be avoided. No alteration of an existing structure is planned. The gazebo and shed plan, as submitted does not alter existing historical features, or recreate an earlier farmstead feature or appearance. Materials and paint colors will be appropriate for the site and match those of the coffee shop addition. Existing screening will be relocated as needed along the north edge of the new parking area. C.4. Changes which have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. Not applicable. C.5. Distinctive stylistic features or examples of skilled craftsmanship which characterizes a building, structure, or site shall be treated with sensitivity. Not applicable. C.6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures. Not applicable. C.7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage historic building materials shall not be undertaken. Not applicable. C.8. Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to, any acquisition, stabilization, preservation, rehabilitation, restoration or reconstruction project. No archaeological resources are known to exist in the area that will be impacted by the gazebo, shed or parking area. Moreover, much of the area was previously disturbed during the construction of the Dunn Bros. Coffee store addition and the workshop (demolished). C.9. The Commission and the Council shall also consider, when appropriate, the Secretary of The Interior's Specific Standards for Preservation Projects. The Secretary of The Interior's Standards for The Treatment of Historic Properties and Guidelines for The Treatment of Cultural Landscapes were considered in the review of this application. HPC RECOMMENDATION The Heritage Preservation Commission voted 6-0 to recommend approval of the Dunn Bros. coffee store - shed, gazebo and parking expansion plan as submitted by the City of Eden Prairie, which meet the general preservation standards, and recommends the City Council approve COA- 2011-02-032 with the following conditions: 1. Prepare a more detailed plan for screening which would include landscaping and vegetation. 2. Prepare a more detailed plan of the gazebo and shed structures to include elevations and materials. 3. Consideration is made to demonstrate the potential use of alternative storm water treatments and materials for the parking area(ie: rainwater gardens and pervious paving) These conditions have been incorporated into the plans. STAFF RECOMMENDATION Staff has addressed the conditions recommended by the HPC and recommends approval of the plans as amended. The plans to construct a lawn gazebo, storage shed and expand existing parking have been prepared in a way that minimizes site disturbance, meets preservation standards for appropriate use of the site, materials and scale. Staff recommends approval. ATTACHMENTS 1. Parking Expansion Plan 2. Rain Garden &Landscape Plan 3. Unapproved HPC Minutes 4. Location Map 5. Guide Plan Map 6. Zoning Map 7. Aerial Map 8. Gazebo Plans 9. Shed Plans I' istoric Smith Douglas More House & Dunn Bros Coffee K 8107 Eden Prairie Rd. /Eden Prairie MN ' I Shed , Gazebo, and Parking Expansion Location Pla • i R Shed Location Gazebo Location . �` Dimension= Up to 120 sq feet Dimension=10'x12 !' Setback=30 Feet 4 • } " • i 11i - \i - r • { 1 I c ' IR Relocate Existing Fence � ir ,..-I I". 'I i r i iT ' of ---F1 - • y. _ i R Parkin• Ezpa i e I _ _ i .- a AC4 .'1 ---ji 1 .71 diElk —,.4 _.„ - rI "c . Parking Expansion Plan \ Existing Spaces= 27 [—.---- — - ___-----. 1 1-1 Lost= 14 _ _ Added = 26 , Imam•I m Elr r Iv • New Total 39 Net Gain = 12 Spaces & Driveway Loop ' II MID SYM QTY SIZE COMMONNAh6 LATINNAhE 8-A] 10-A] EL 3 2.5135B ACCOLADE ELM Ulmus x Accolade A 2 25538B CATALPA Cawlpe dose 12-BC 14-BC RB 1 2.513643 RIVER BIRCH MULTISIEM MN 3 STEM Retina Nigro JW 18 16 WM JIM DANDY WNTERBERRY Ilex ve,tiNlata"Red Sprite" 6-BW i 1 -0BW RW 8 #S corn RED SPRITE WNTERBERRY Ilex verticillata"Jim Dandy. VV SP 11 «SCOM SCARLET O'HARAPEONY PaconieScarletO'Here 10-BH 10-BH 6-AJ BS 2 45 COM BRIDALWEATHSPIREA Spiraea VaNwuttei"Renaissance" A7 30 al COM' BIOKOYO CRANESBILL Geranium Cantabrig eee'r,ceovu" 12-FG 12-FG 12-BH AUTUMN JOY SEDUM Sedum Aummn7ov BC 26 BW 96 #1NM BITTER SWITCfiGRA� Parii<ium Amoroso"Dewey 11.1 BH M 41COM BLUE FORTUNE ANISE HYSSOP Agastache The Fortunes $-GS 8 6-GS PG I 24 «1 COM FLAME GRASS Miscantlws SHerois Purpurascens GS 28 N1WM GOLDSIRIIM BLACK EYE SIISAN Acomus Grmrtineus"Ogon" 6- 6-RS10-SA OP 30 #1COM MISS MANNERSOBEDIEM PLANT Physoscegia Virginimw"Miss Menre,s" Wood Fence RS 24 alCOM RUSSIAN SAGE PerovskiaAtriplicifolia 8 A 10-SA 6-RS SI 25 #1 COM SBERIAN IRS HALCYON Ins Sibirica"Helcyon Seas' - SA 38 41 COM SNOW FLURRY ASTER Aster'Snow Flu,. z 2,---- YF 15 #1 COM YELLOW FLAG Ibis Pseudacorus �O f1z"-15 NORWA MAPLE O G } 5 RW •+ W -S P Z4"-SE'SILVER MAPLE `�--' • Q 9"W LNUT 1-EL' 01 iv WOODEN/FENCE r' r `- =1�,�l, i�'�iNem . • s 1-CA 1-Bs �® _ ` ir•":�• J 1 RAIN GARD:�I-'* �� LtA �, 4JW 4111,,,,,,74SP 6A] 1 BH TREE REPACEMENTOil°ire / • 6-RS SIGNIFICANT TREE LOSS = 2 TREES — 35-OP 1-R; 1 10GS TREE REPLACEMENT = 6 TREES - ', 15-YF X 1-CA TREES SHOWN WITH "X" SHALL BE REMOVED 25 SI 11g"CATALPA ALL OTHERS SHALL REMAIN 30-BW f 5-BC 12-JW 15 H WALNUT 3 I\ 7-7 WOODEN F IM10`I1/4411131 �,1 " a BHP 4.11 •_ , ' Y UCKEv D �/11 ,0a) Scale in feet a _VAN( % 0 20 40 60 2-E /cQ5wo55 m O 3 A . - i�, 1 1 Propct No. 11-024 Date Revisions w I hereby certify that this plan,specification or w STATE AID PROJECT NO. • •SHEET vreport was prepared by me or under my direct 2 Engineering•Surveying Drawn by JWA supervision and that I am a duly Licensed STATE PROJECT NO. RAIN GARDEN AND LANDSCAPE DETAIL w �,'\ Landscape Architecture Design by JWA PRELIMINARY - NO I Landscape Architect under the laws of the COUNTY PROJECT NO. of �l Stale of Minnesota. , a tneeked by LAJ I-OR CONS I KUC.I ION OTT PROJECT NO. DUNN BROTHERS COFFEE PARKING LOT EXPANSION HANSEN THORP PELLINEN OLSON�Inc. .9 ,5i . - JAN WAGER ANDERSON 2 SHEETS Dole 9/15/2011 CUENT PROJECT N0. EDEN PRAIRIE,MINNESOTA I I L♦ sa ro. 4,aas. A A A Ut. No. Date A A A 1 Area Location Map - Certificate of Appropriateness Smith Douglas More House--Dunn Brothers Site Improvement Plan Permit #2011-02-032 Address: 8107 Eden Prairie Rd 0 Mitchell Lake Eww a 0 a z w w / IO 4 • 91, - B -LA ,,O J� 0� 1 'QZ?. Apra 1 SGP‘", - LED 0 • SITE w ngH 0 N w Zr „!,,,,,f. % 0 g ... . Q 0 /e / - % ,s'i" �0 ® N ccco ).& Z J w Ellanj III J CO w ' 6 20 640 Feet A 212 1 .tkFI(Wl' I I I I I 212 Guide Plan Map Smith Douglas More House--Dunn Brothers Site Improvement Plan Permit #2011-02-032 8107 Eden Prairie Road, Eden Prairie, MN - _ !IliAllEir i ' , A•I vii\ Adi MOM% fp '4',,i 41f 0* � h•� •, � Lincoln 7La/ne • 4 4111 t � = Timber Lakes Drive A ♦ EiACA , ---,(, cfco, a 8107 Eden Prairie Road poi. Ot..1 C47200, 0 , Illt ... t„, i-,76, g 1 ait iii_AiktioArAms: iiii�,101 RIiHighway#212 L___ ,iiiiiiiii JAEden Prairie Roadiniitwir . aii _ _ _ _ _ _ _ ♦ . �„R ,/ 1 �e �%Pi /111 _______ iii '% fir■�li �I� a $I -------Ausi ) ,, N Asir • A .Air ____ = - = ,, . ,./:4/ v er � � � den Pl.: P �.�o- - IMPIV Roc Pt-il ► . ♦zpidr•► 1�� 14ir 2000- 021� �. ►L14 1 m Iro N Low Density Residential 0-2.5 Units/Acre 1 Neighborhood Commercial Streams / Low Density/Public/Open Space - Community Commercial Principal Arterial - Medium Density residential 2.5-10 Units/Acre - Regional Commercial —A Minor Arterial ' r, DATE —B Minor Arterial ' + '' Medium Density Residential/Office - Park/Open Space Approved 03-19-03 DATE Revised 12-06-06 V/Z -Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07 E a E N - High Density Residential 10-40 Units/Acre FE Public/Quasi-Public DATE Revised 11-07-05 DATE Revised 06-01-07 —Minor Collector DATE Revised 02-23-06 DATE Revised 10-01-07 Office Golf Course DATE Revised 06-23-06 DATE Revised 03-01-08 DATE Revised 03-01-09 //A Office/Industrial Q Church/Cemetary PRAIRIE 22 Office/Public/Open Space Open Water - E: 04.....��EtTL5F:..,...,.,a.r�,..� .-..-®.aF�.a..���'',o® LIVE•WORK•QA EAM Industrial Right-Of-Way 0.25 0.125 0 I 1 Miles PARKING DATA EXISTING 27 SPACES 2 ADA SPACES PROPOSED 43 SPACES 1 i. 2 ADA SPACES v,. . - *_�, = NET GAIN OF 16 SPACES 10. ° 0 • yl 6'WOOD FENCE—...„....,.._x—x—x—w—x— r N C.RAIN GARDEN f IA rT Q 1 [L 1 W, ;.� . 0 VIU]PLItIY C �' J`y IIV� Q 1 ri 'j}- PARKING LOT EXPANSION ARE L. • wM a vw LGL t l ...) EXISTING PARKING LOT 16. 0 r 1 f 0 Si . j:,4 olit _L ; Scale in feet vs.' g % • •k'" 11 Cif r Probct No. 11-024 r Date Revisions Y I hereby certify that this plan,specification er r STATE AID PROJECT NO. r r SHEET s"s 1 repo t woe p spared by me a ands my dteM AERIAL EXHIBIT 1,_ I Engineering•Surveying Drum by JWA peMeian and that I am a duly Licensed STALE PftO�ECT N0. Xvi ;) Landscape Architecture Dolan by JWA PRt LIMINARY - NO I Landscape Architect under the laws of the COUNTY PROJECT N0. of LJ State of Minnesota. &� HANSEN TNORR PELLINEN OLSON,Inc. Checked by LAJ I-OR CONS I RUC I ION CITY PROJECT NO. DUNN BROTHERS COFFEE PARKING LOT EXPANSION JAN WAGER ANDERSON 1 SHEETS "" Dale 9/18/2011 CUM PROJECT NO. EDEN PRAIRIE,MINNESOTA a y , ssz.a=so oo.ssz.szgzsoer., ■ ■ 1 Lk. No. 21893 Dote: A ■ l 1 Zoning Map Smith Douglas More House--Dunn Brothers Site Improvement Plan Permit# 2011-02-032 8107 Eden Prairie Road, Eden Prairie MN - ,____,____ ii \,,i iii% kti ______. , ..._ _.. __ .. . ..,... .......... ie .., 1 l _ '* : Lakes Drive ncoln Lane ,,► . / . • SITENrottit/ a 8107 Eden Prairie Road 0 El . bil �. 1J he�/c loo, Highway#212 ill ��. �� — A _.s Eden Prairie Road / NE :— Thi II i / IIIii.i., / ii _ ull Imo: �--- it • • - n/ AININoR P : ie �• ' � • 40.�rilli i Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,o0o sf.min. 1-7TC C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. I TC-R I RD I Recreational Development Waters R1 13.5 One Family-13,500 sf min. DM TC-MU I SD General Development Waters(Creeks Only) '', , +: ,! R1-9.5 One Family-9,500 sf min. Industrial Park-2 Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. Industrial Park- 5 Acre Min. EDEN Up dated through approved Ordinances#26-2008 - RM-2.5 Multi-Family-17.4 U.P.A.max. IW General Industrial-5 Acre Min. Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Office J Public Date:March 1,2009 Neighborhood Commercial I Golf Course In case of discrepancy related to a zoning aassitmaeon on this zoning map,the ordinance and attached legal description on file at Eden Paide Ciry Center will prevail. -Community Commercial Water -Highway Commercial Right of Way 0 0.15 0.3 - Regional Service Commercial Miles UNAPPROVED MINUTES EDEN PRAIRIE HERITAGE PRESERVATION COMMISSION MONDAY,AUGUST 15, 2011 7:00 P.M. CITY CENTER PRAIRIE ROOMS A&B COMMISSION MEMBERS Ann Higgins, Chair; Ed Muehlberg, Vice Chair; Jeffrey Lawler, Mark McPherson, Kay Desmarais, Cindy Cofer Evert STUDENT REPRESENTATIVE Ian English COMMISSION STAFF John Gertz, Pathfinder CRM, LLC Lori Creamer,Recorder I. ROLL CALL Higgins called the meeting to order at 7:00 p.m. English was absent, which was excused. II. APPROVAL OF AGENDA Higgins suggested adding D. Historical Site Plaques to Old Business. MOTION: Evert moved, seconded by Lawler, to approve the amended agenda. Motion Carried 6-0. III. APPROVAL OF MINUTES A. COMMISSION MEETING HELD JULY 18, 2011 There were a few minor changes to the wording in the minutes. MOTION: Desmarais moved, seconded by Lawler, to approve the minutes as amended of the Heritage Preservation Commission meeting held on July 18, 2011. Motion carried 6-0. VI. NEW BUSINESS A. COA 2011-02-032 SMITH-DOUGLAS-MORE HOUSE/DUNN BROS. Gertz suggested some changes to the motion which has been prepared. Motion should be changed to match the project name which is Dunn Bros. coffee store, shed, gazebo and parking expansion plan. HERITAGE PRESERVATION COMMISSION MINUTES August 15, 2011 Page 2 Gertz stated the Watershed District and the City would pursue a grant that could be applied for to be used for the parking lot material. The footprint of the parking lot would remain the same. The goal was to put as many spaces in as possible. Even without a turn-a-round this plan would allow for the necessary parking. The red line on the plan indicated the existing fence which will be re-located when necessary; however, the same material will be used. McPherson suggested there be more creativity to the design of the fence. Gertz agreed it was a good suggestion since the fence is used for screening from the headlights for the homes in the area. Higgins asked if Parks and Recreation would help with the landscaping. Gertz asked if all members are in agreement with the suggestion McPherson made to see a more detailed plan, if so, the HPC could add conditions to the approval of the COA. Gertz agreed more detailed plans would be appropriate at a later date. Lawler commented if there is a grant available, how could we get people interested? The potential is exponential! This could be a great example of doing things in a "green" way: reusing and existing building, pervious pavers, natural landscaping as screening. MOTION: Desmarais moved, seconded by McPherson, that the Heritage Preservation Commission has found the Dunn Bros. coffee store, shed, gazebo and parking expansion plan, dated August 15, 2011, as submitted by the City of Eden Prairie, meets the general preservation standards and recommends the City Council approve COA-2011-02-032 with the following conditions: 1. Prepare a more detailed plan for screening which would include landscaping and vegetation. 2. Prepare a more detailed plan of the gazebo and shed structures to include elevations and materials 3. Consideration is made to demonstrate the potential use of alternative storm water treatments and materials for the parking area (ie: rainwater gardens and pervious paving) Motion carried 6-0. VII. ADJOURNMENT MOTION: Evert moved, seconded by Muehlberg to adjourn the meeting. Motion carried 6-0. Higgins adjourned the meeting at 8:00 p.m. a won - T LIRE 1►11 1=7— . .A a� -—•-- 4-� - _ r 7_...T. . , , I1 _ _� R. , __ ■ b• PLAN Goemgrud D 10. ti e .r �TIpH[!'iEry7 51MIL/�1 �71FiEVATiplp �" u mod` ,sp rya.ue� NA ft y"c= . — �..M. -4)== ..damAIS*, .. .- - t:1 r,..n ..wrnne /dir �•� .are.iws.wxn•..P.V. '0.11 ...I'. lk, ..,.....- -: .4- N r w �.in:n.rc i i•CA• SHED & haft.OP fOrif ""� GAZEBO ,.4, ..,„ 1 g—ii-'idi h.ro.,R, i"'011 ,s.r.e+..r.o ntmrNA**r Y AP GA2EH0T IPLAN . �a.,aR: iI SLECrIONS5 SE L'�TOKS f .%, At LSOIiElR[C �I EA+ '¢� ... F i•:I r ,= —`I I I" �.° E _L_ mmeo • LyJ t•45 L Q.r ry� �] Y LOCH.*,MWrE•YM=1 — N �V QH A2 dNM ' ZN. •dillii.111. \ 1,'`11...... • \\____Itz.1e05 _ Ylk <:allill L.\\N NV ill - i i IKk ,._. .,„ __, i_l_ 1a�p.p lv____ •Is ___........„,_ 1.,,,_,rwwm 6 To . — ,F.,,,..-Ar . wart rulL NIMIlliaNi NJ Pr XTM L_.!f1 ..cx ar y�K ��u.rs.m iv* a•o e+a a. CD ITI01'} h li 4-1•.k I..Uii1. + 3�JLI�dT:To'�a" KN 10.014TM 1.1 1 .•,......"_...mj i)1 ? • ll�Jll a ao 1 E1F.,u F.M.DM.. .j 2.��. •a —• 1 or II gii - is..-.) 1 I t-A1' - I .. T nrCeEa ,44".,0.0 SMITH- ".,,t DOUGLAS WA �' SHED & 2% .,1:11•Y.. GAZEBO t! r . • 1 1 ter I 1 i --�.«n SHED PLAN °'UN/7Vr"' ELEVATIONS g &SECTIONS ,� ; I ,P4iTri:a '-' +PAM s. L AM.Ma -'ViZ Lzrz . • .*/ 111111•11..111.111111appp.- tual.- . du. :MM ©Way-KW EXP 11All f-_r,r-- 4 (-).WWI S GRd55 5EGT1G1 �� AI CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims September 20, 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 212012—212436 Wire Transfers 4278—4290 4278 July 20th US Bank Purchasing Card Payment City of Eden Prairie Council Check Summary 9/20/11 Division Amount Division Amount General 73,564 803 Escrow Fund 7,529 100 City Manager 1,096 806 SAC Agency Fund 11,039 101 Legislative 441 Total Agency Funds 18,568 110 City Clerk 255 111 Customer Service 11,408 807 Benefits Fund 339,998 112 Human Resources 185 811 Property Insurance 956 113 Communications 9,124 812 Fleet Internal Service 35,355 114 Benefits&Training 1,476 813 IT Internal Service 56,431 131 Finance 675 815 Facilites Operating ISF 24,771 136 Public Safety Communications 2,831 816 Facilites City Center ISF 15,269 137 Economic Development 975 817 Facilites Comm.Center ISF 26,048 151 Park Maintenance 27,370 Total Internal Service Funds 498,829 152 Parks Capital Outlay 107 153 Organized Athletics 2,799 Report Total 1,771,837 154 Community Center 8,755 155 Beaches 556 156 Youth Programs 339 158 Senior Center 2,190 159 Recreation Administration 433 160 Therapeutic Recreation 265 161 Oak Point Pool 209 162 Arts 1,488 163 Outdoor Center 4,504 164 Park Rental Facilities 683 167 CC-Youth Programs 10,916 168 Arts Center 4,116 171 AC-Therapeutic Recreation 12 180 Police 15,281 184 Fire 20,317 200 Engineering 62 201 Street Maintenance 35,829 Total General Funds 238,261 301 CDBG 485 304 Senior Board 46 308 E-911 654 Total Special Revenue Funds 1,185 315 Economic Development 2,121 502 Park Development 4,506 509 CIP Fund 81,216 512 CM Trails 265 520 Parks Referendum 3,532 522 Improvement Projects 2006 24,216 Total Capital Project Funds 115,856 601 Prairie Village Liquor 188,976 602 Den Road Liquor 322,915 603 Prairie View Liquor 206,772 605 Den Road Building 3,960 701 Water Fund 108,565 702 Sewer Fund 51,254 703 Storm Drainage Fund 16,696 Total Enterprise Funds 899,138 City of Eden Prairie Council Check Register 9/20/2011 Check# Amount Vendor/Explanation Account Description Business Unit Explanation 4286 190,612 CERIDIAN State Taxes Withheld Health and Benefits Taxes Withheld 4290 147,555 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund Sales/Use Tax 4284 125,618 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 212127 80,926 MCKINSTRY ESSENTION INC Other Contracted Services CIP-Bonds 212422 67,742 WIRTZ BEVERAGE MINNESOTA Transportation Den Road Liquor Store 212112 53,071 JOHNSON BROTHERS LIQUOR CO Transportation Den Road Liquor Store 212325 46,677 JOHNSON BROTHERS LIQUOR CO Transportation Den Road Liquor Store 212229 46,015 WIRTZ BEVERAGE MINNESOTA Transportation Den Road Liquor Store 4278 38,880 US BANK Purchasing Card Payment 212121 36,767 LOGIS LOGIS IT Operating 212176 32,939 QUALITY WINE&SPIRITS CO Transportation Den Road Liquor Store 212230 30,455 WIRTZ BEVERAGE MINNESOTA BEER Misc Taxable Den Road Liquor Store 212423 30,401 WIRTZ BEVERAGE MINNESOTA BEER Beer Den Road Liquor Store 212400 30,351 THORPE DISTRIBUTING Misc Taxable Den Road Liquor Store 212378 26,283 QUALITY WINE&SPIRITS CO Transportation Den Road Liquor Store 212104 25,567 JJ TAYLOR DISTRIBUTING MINNESO Transportation Den Road Liquor Store 212273 22,884 DIVERSE BUILDING MAINTENANCE Janitor Service Arts Center 212233 22,084 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating 212206 20,760 THORPE DISTRIBUTING Misc Taxable Den Road Liquor Store 212064 20,702 DAY DISTRIBUTING Misc Taxable Den Road Liquor Store 212161 20,416 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store 212367 20,102 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store 212209 18,685 TRAFFIC CONTROL CORPORATION Improvement Contracts Improvement Projects 2006 212318 18,604 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 4288 18,594 ING Deferred Compensation General Fund 212289 15,657 FOREST LAKE CONTRACTING INC Other Contracted Services Sewer Capital 4287 15,501 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 212300 15,386 GRAYMONT Treatment Chemicals Water Treatment Plant 212057 14,365 COMMERCIAL ASPHALT CO Repair&Maint.Supplies Storm Drainage 212021 14,135 ADVANCED ENGINEERING&ENVIRON Design&Engineering Sewer Capital 212268 13,764 DAY DISTRIBUTING Beer Den Road Liquor Store 212023 11,793 ALTERNATIVE BUSINESS FURNITURE Capital Under$10,000 FF&E-Furn,Fixtures&Equip. 4283 11,735 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 212347 11,706 MINNESOTA DIRT WORKS INC Improvements to Land Park Acquisition&Dev Fixed A 212343 11,039 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 212254 10,821 BELLBOY CORPORATION Transportation Den Road Liquor Store 212014 10,737 GS DIRECT Miscellaneous IT Operating 212243 10,497 AAA STRIPING SERVICE CO Contracted Striping Traffic Signs 212193 10,090 SOUTHERN WINE&SPIRITS OF MN Transportation Den Road Liquor Store 212302 9,960 GUNNAR ELECTRIC CO INC Other Contracted Services Miller Park 212417 9,569 WINE MERCHANTS INC Transportation Den Road Liquor Store 212390 9,329 SOUTHERN WINE&SPIRITS OF MN Transportation Den Road Liquor Store 212362 9,316 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store 212237 9,310 LIFE INSURANCE COMPANY OF NORT Life Insurance EE/ER Health and Benefits 212089 9,229 GRAYMONT Treatment Chemicals Water Treatment Plant Check# Amount Vendor/Explanation Account Description Business Unit Explanation 212038 9,173 BELLBOY CORPORATION Transportation Den Road Liquor Store 212433 8,036 LYNCH,MIKE Instructor Service CC-Camps 212155 7,739 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store 212410 7,430 VISION INTERNET PROVIDERS INC Other Contracted Services Communications 212291 7,015 GARTNER REFRIGERATION&MFG IN Repair&Maint-Ice Rink Ice Arena Maintenance 212222 6,831 WESTWOOD PROFESSIONAL SERVICES Deposits Escrow 212336 6,488 M R SIGN Signs Traffic Signs 212282 6,220 ESS BROTHERS&SONS INC Repair&Maint.Supplies Sewer Capital 212126 6,000 MARTIN-MCALLISTER Employment Support Test Fire 212346 5,937 MINNESOTA CONWAY Contract Svcs-Fire/Life/Safe Fire Station#4 212225 5,694 WINE MERCHANTS INC Transportation Den Road Liquor Store 212353 5,671 MN DNR WATERS Licenses&Taxes Water Treatment Plant 212424 5,649 WM MUELLER AND SONS INC Gravel Sewer Capital 212186 5,224 SHORT ELLIOTT HENDRICKSON INC Other Contracted Services Sewer Capital 212163 5,006 PLEHAL BLACKTOPPING INC Asphalt Overlay Water System Maintenance 212398 4,944 SURLY BREWING CO Beer Den Road Liquor Store 212097 4,446 HOHENSTEINS INC Beer Den Road Liquor Store 212135 4,275 MILLERBERND MANUFACTURING COMP Improvement Contracts Improvement Projects 2006 212216 4,192 VINOCOPIA Transportation Den Road Liquor Store 212380 3,950 RAY ALLEN MANUFACTURING CO INC Autos Police-Fixed Asset 212292 3,766 GENUINE PARTS COMPANY Equipment Repair&Maint Park Maintenance 212033 3,739 BARR ENGINEERING COMPANY Design&Engineering Storm Drainage 212051 3,715 CDW GOVERNMENT INC. Computers Sewer Capital 212403 3,655 TRIACTIVE AMERICA Machinery&Equipment Park Acquisition&Development 212349 3,568 MINNESOTA PIPE AND EQUIPMENT* Equipment Parts Water System Maintenance 212391 3,532 SPECIALTY TURF&AG INC Landscape Materials/Supp Parks Referendum 212130 3,510 METRO SALES INCORPORATED* Equipment Repair&Maint IT Operating 212307 3,430 HENNEPIN COUNTY TREASURER Board of Prisoner Police 212277 3,404 ELECTRIC PUMP Equipment Repair&Maint Sewer System Maintenance 212411 3,210 WALL TRENDS INC Contract Svcs-General Bldg Den Bldg.-CAM 212022 3,128 AGGREGATE INDUSTRIES Asphalt Overlay Street Maintenance 212013 3,051 BIGFOGG Small Tools Fire 212164 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage Customer Service 212079 2,932 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 212199 2,907 ST CROIX RECREATION CO INC Other Assets Staring Lake 212415 2,667 WINE COMPANY,THE Transportation Den Road Liquor Store 212123 2,654 MAGNEY CONSTRUCTION INC Other Contracted Services Water Treatment Plant 212261 2,548 BRYAN ROCK PRODUCTS INC Gravel Water System Maintenance 212167 2,525 PRECISION FINISHING Operating Supplies Traffic Signs 212244 2,426 AGGREGATE INDUSTRIES Signs Riley Lake 212062 2,276 CUSTOM MANUFACTURING INC Other Contracted Services Storm Drainage 212054 2,126 CERIDIAN Ceridian IT Operating 212275 2,121 DORSEY&WHITNEY LLP Legal Project Fund 212428 2,025 XTREME INTEGRATION Contract Svcs-Electrical Police City Center 212094 2,000 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Water Metering 212017 1,977 AA EQUIPMENT COMPANY Equipment Repair&Maint Prairie View Liquor Store 212299 1,970 GRAPE BEGINNINGS Transportation Den Road Liquor Store 212188 1,967 SIGNSOURCE Signs Cummins Grill 212223 1,942 WINE COMPANY,THE Transportation Prairie Village Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 212232 1,883 XCEL ENERGY Electric Prairie Village Liquor Store 4279 1,883 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 212305 1,809 US HEALTH WORKS MEDICAL GRP MN Health&Fitness Fire 212394 1,804 STRATEGIC INSIGHTS INC Software Maintenance IT Operating 212408 1,790 VILLAGE PROFILE Advertising Prairie Village Liquor Store 212315 1,781 ITRON INC. Maintenance Contracts Water Metering 212202 1,757 SURLY BREWING CO Beer Den Road Liquor Store 212312 1,712 HWY 5 BP Operating Supplies Fire 212406 1,690 VAN PAPER COMPANY Cleaning Supplies City Hall-CAM 212214 1,625 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr 212060 1,614 CORIDIAN TECHNOLOGIES INC Safety Supplies Fire 212201 1,602 STREICHERS Clothing&Uniforms Police 212082 1,596 GENERAL REPAIR SERVICE Equipment Parts Water Treatment Plant 212151 1,575 OEDEKOVEN,KIMBERLY R Instructor Service Arts Center 212409 1,573 VINOCOPIA Transportation Den Road Liquor Store 212434 1,568 NATIONAL MARTIAL ARTS ASSOCIAT Instructor Service CC-Winter Skill Development 212200 1,548 STAPLES ADVANTAGE Office Supplies Customer Service 212142 1,487 MUSIC THEATRE INTERNATIONAL Prepaid Expenses General Fund 212345 1,434 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Den Road Liquor Store 212061 1,375 COURT SURFACES&REPAIR Seal Coating Park Maintenance 212335 1,362 LYNDALE PLANT SERVICES Contract Svcs-Garden Rm/Caf. City Hall-CAM 212358 1,350 NORTHSTAR MUDJACKING SPECIALIS Mudjacking Curbs Drainage 212150 1,350 OBERG,DENNIS AR Utility Water Enterprise Fund 212405 1,346 US POSTMASTER Postage Water Accounting 212339 1,333 MCQUAY INTERNATIONAL Contract Svcs-Electrical City Center Operations 212231 1,320 WORK CONNECTION,THE Other Contracted Services Park Maintenance 212435 1,313 PLANET SPIRIT Instructor Service CC-Camps 212129 1,305 MENARDS Equipment Parts Fleet Operating 212309 1,269 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance 212015 1,259 JEFFERSON FIRE&SAFETY INC Small Tools Fire 212301 1,254 GREENSIDE INC Contract Svcs-Lawn Maint. City Hall-CAM 212371 1,242 PRAIRIE RESTORATIONS INC Other Contracted Services Storm Drainage 212281 1,241 EPA AUDIO VISUAL INC Training Supplies Fire 212257 1,236 BLOOMINGTON,CITY OF Kennel Services Animal Control 212393 1,231 STAPLES ADVANTAGE Office Supplies Customer Service 212354 1,225 NCT INC Conference Expense IT Operating 212218 1,204 VTI Contract Svcs-Security Ice Arena Maintenance 212133 1,201 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Den Road Liquor Store 212326 1,161 JOHNSON,DENISE Other Contracted Services Volleyball 212280 1,146 ENVIRONMENTAL EQUIPMENT&SERV Equipment Parts Fleet Operating 212259 1,140 BOURGET IMPORTS Transportation Prairie View Liquor Store 212081 1,102 GE CAPITAL Other Rentals Customer Service 212039 1,100 BERGET,LINETTE Instructor Service Outdoor Center 212041 1,091 BERRY COFFEE COMPANY Merchandise for Resale Concessions 212356 1,089 NORTHERN AIR CORPORATION Contract Svcs-HVAC Fitness/Conference-Cmty Ctr 212205 1,085 THE OASIS GROUP Employee Assistance Organizational Services 212425 1,052 WORK CONNECTION,THE Other Contracted Services Park Maintenance 212304 1,051 HD SUPPLY WATERWORKS LTD Equipment Parts Water System Maintenance 212328 1,040 KIDCREATE STUDIO Instructor Service Arts Center Check# Amount Vendor/Explanation Account Description Business Unit Explanation 212361 1,040 PAUL'S TWO-WAY RADIO Other Contracted Services Public Safety Communications 212120 1,000 LINDQUIST,TOM Refunds Storm Drainage 212386 982 SHAMROCK GROUP,INC-ACE ICE Transportation Den Road Liquor Store 212058 951 COMPAR INC Other Assets Utility Operations-General 4289 936 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 212247 900 ANCHOR PAPER COMPANY Office Supplies Police 212115 893 KOCHER,SUSAN Instructor Service Outdoor Center 212092 864 HANSEN THORP PELLINEN OLSON Design&Engineering Water Capital 212436 861 DRISCOLL,ALISA Insurance Property Insurance 212286 845 FB LEOPOLD COMPANY INC,THE Equipment Parts Water Treatment Plant 212298 833 GRANICUS INC Software Maintenance IT Operating 212242 821 A-SCAPE INC Contract Svcs-Lawn Maint. Den Bldg.-CAM 212265 815 CHISAGO LAKES DISTRIBUTING Beer Den Road Liquor Store 212045 804 BOURGET IMPORTS Transportation Den Road Liquor Store 212287 800 FIELDSTONE VINEYARDS Wine Domestic Prairie View Liquor Store 212313 795 IEDC Conference Expense Economic Development 212264 792 CENTURYLINK Process Control Services Water Treatment Plant 212028 783 ANCHOR PAPER COMPANY Office Supplies Customer Service 212096 782 HENNEPIN COUNTY I/T DEPT Software Maintenance IT Operating 212207 776 TJ CONEVERA'S INC Training Supplies Police 212401 739 TKO WINES,INC Wine Imported Prairie View Liquor Store 212279 734 ENERGY SALES INC Supplies-HVAC City Hall-CAM 212269 722 DE LAGE LANDEN FINANCIAL SERVI Other Rentals Facilities Staff 212208 719 TKO WINES,INC Wine Imported Prairie Village Liquor Store 212067 712 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance 212088 712 GRAPE BEGINNINGS Transportation Prairie Village Liquor Store 212340 696 MEDICINE LAKE TOURS Special Event Fees Trips 212072 690 ESBENSEN,GEORGE Travel Expense Fire 212048 679 BROTHERS FIRE PROTECTION Other Contracted Services Fitness/Conference-Cmty Ctr 4285 664 CERIDIAN Garnishment Withheld General Fund 212203 664 TAYLOR,EMILY Instructor Service Arts Center 212215 656 VIKING ELECTRIC SUPPLY Building Repair&Maint. Water Wells 212137 654 MINNESOTA ELEVATOR INC Building Repair&Maint. Water Treatment Plant 212154 651 OPPORTUNITY PARTNERS Janitor Service City Hall-CAM 212190 650 SODA RESTORATION Building Repair&Maint. Forest Hills Park 212285 640 FAGNANT,SUSAN Operating Supplies Outdoor Center 212179 624 RAY,LEE Other Contracted Services Softball 212332 601 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Police City Center 212047 600 BRAUN INTERTEC CORPORATION Other Contracted Services Park Acquisition&Development 212255 600 BERGET,LINETTE Instructor Service Outdoor Center 212184 585 SHAMROCK GROUP,INC-ACE ICE Transportation Den Road Liquor Store 212053 583 CENTURYLINK Maintenance Contracts E-911 Program 212204 582 TESSMAN SEED CO Landscape Materials/Supp Street Maintenance 212114 575 KEEPERS Clothing&Uniforms Fire 212239 574 1ST LINE/LEEWES VENTURES LLC Merchandise for Resale Concessions 212162 563 PINNACLE DISTRIBUTING Misc Taxable Den Road Liquor Store 212372 560 PUBLIC EMPLOYEES RETIREMENT AS Other Deductions Health and Benefits 212342 554 METRO SALES INCORPORATED* Equipment Repair&Maint IT Operating 212016 548 XCEL ENERGY Electric Miller Park Check# Amount Vendor/Explanation Account Description Business Unit Explanation 212146 544 NORTHERN AIR CORPORATION Contract Svcs-HVAC Ice Arena Maintenance 212085 540 GOVDELIVERY Software Maintenance IT Operating 212241 537 4 EVER EXERCISE EQUIPMENT REPA Equipment Repair&Maint Police 212246 528 AMERITRAK Other Contracted Services Snow&Ice Control 212217 519 VISTAR CORPORATION Merchandise for Resale Concessions 212297 519 GRAND PERE WINES INC Transportation Prairie Village Liquor Store 212169 517 PUCHALSKI,MARY Instructor Service Arts Center 212030 513 ASPEN WASTE SYSTEMS INC. Waste Disposal Public Works/Parks 212220 510 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 212076 500 FAHEY,LARRY Other Contracted Services Sunbonnet Days 212099 500 HUYS,ANDREW J Instructor Service Outdoor Center 212311 500 HUYS,ANDREW J Instructor Service Outdoor Center 212100 498 INDUSTRIAL AND RESIDENTIAL LIG Operating Supplies Utility Operations-General 212308 494 HIRSHFIELD'S Repair&Maint.Supplies Water System Maintenance 212074 488 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 212266 485 COMMUNITY ACTION PARTNERSHIP Refunds CDBG-Public Service 212044 482 BOUNDLESS NETWORK Clothing&Uniforms Facilities Staff 212251 477 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 212055 475 CHISAGO LAKES DISTRIBUTING Beer Den Road Liquor Store 212278 460 ELIASON,STEVE J Other Contracted Services Softball 212355 458 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 212168 453 PREMIUM WATERS INC Operating Supplies Fire 212181 440 RUFFRIDGE JOHNSON EQUIPMENT CO Equipment Repair&Maint Fleet Operating 212238 440 WU,LISA Other Hardware IT Operating 4282 435 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 212382 434 REBS MARKETING Other Contracted Services Water Accounting 212431 425 3D SPECIALTIES Safety Supplies Fire 212078 422 FASTSIGNS Operating Supplies Riley Lake Beach 212197 417 SPRINT Wireless Subscription IT Operating 212147 415 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 212191 395 SOUTH METRO PUBLIC SAFETY TRAI Tuition Reimbursement/School Police 212407 389 VERIZON WIRELESS Telephone E-911 Program 212271 379 DIAMOND MOWERS INC Equipment Parts Fleet Operating 212240 375 3CMA Dues&Subscriptions Communications 212219 370 WALL TRENDS INC Contract Svcs-General Bldg Police City Center 212086 368 GRAINGER Supplies-HVAC City Hall-CAM 212303 350 HAZELDEN PUBLISHING Tuition Reimbursement/School Police 212283 344 EULL'S MANUFACTURING CO INC Repair&Maint.Supplies Sewer Capital 212290 330 FORESTRY SUPPLIERS INC. Operating Supplies Tree Disease 212384 319 SGC HORIZON LLC Legal Notices Publishing Storm Drainage 212084 318 GOLDEN VALLEY SUPPLY CO Supplies-General Bldg City Hall-CAM 212035 317 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 212258 316 BOUNDLESS NETWORK Clothing&Uniforms Concessions 212087 315 GRAND PERE WINES INC Transportation Den Road Liquor Store 212066 307 DELEGARD TOOL CO Equipment Parts Fleet Operating 212344 305 MIDWEST ASPHALT CORPORATION Waste Blacktop/Concrete Street Maintenance 212350 300 MINNESOTA VALLEY ELECTRIC COOP Electric Prairie Bluff Conservation 212156 297 PETSMART Canine Supplies Police 212296 295 GRAINGER Supplies-HVAC City Hall-CAM Check# Amount Vendor/Explanation Account Description Business Unit Explanation 212043 289 BIFFS INC Waste Disposal Park Maintenance 212236 282 GOODHUE COUNTY SHERIFF'S DEPT Deposits Escrow 212341 278 MENARDS Repair&Maint. Supplies Sewer Capital 212025 276 AMERICAN BOTTLING COMPANY,THE Misc Taxable Den Road Liquor Store 212317 275 JACO,LLC Misc Taxable Den Road Liquor Store 212369 273 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Fitness/Conference-Cmty Ctr 212352 270 MN AWWA Conference Expense Utility Operations-General 212020 262 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Prairie View Liquor Store 212263 256 CENTERPOINT ENERGY Gas Prairie View Liquor Store 212357 249 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 212427 248 XCEL ENERGY Electric Forest Hills Park 212260 245 BOYER TRUCKS Equipment Parts Fleet Operating 212189 243 SINGH,OWEN Other Contracted Services Teen Programs 212267 241 CORVAL CONSTRUCTORS INC Other Contracted Services Ice Arena Maintenance 212211 240 TROPICAL BALLROOM Other Contracted Services Sunbonnet Days 212040 239 BERNICK'S WINE Wine Imported Den Road Liquor Store 212293 238 GETTMAN COMPANY Misc Taxable Den Road Liquor Store 212046 232 BOYER TRUCKS Equipment Parts Fleet Operating 212221 230 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Operating 212018 228 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Senior Center Programs 212248 225 ARMA INTERNATIONAL Dues&Subscriptions City Clerk 212414 225 WICHTERMAN'S LTD Equipment Repair&Maint Fleet Operating 212083 224 GETTMAN COMPANY Misc Taxable Prairie View Liquor Store 212090 222 GUNNAR ELECTRIC CO INC Other Contracted Services Park Maintenance 212056 218 COMCAST Wireless Subscription IT Operating 212402 216 TRI COUNTY BEVERAGE&SUPPLY Misc Non-Taxable Prairie Village Liquor Store 212195 216 SPRI PRODUCTS INC Operating Supplies Fitness Classes 212128 215 MCQUAY INTERNATIONAL Contract Svcs-HVAC City Hall-CAM 212368 214 PINNACLE DISTRIBUTING Misc Taxable Prairie View Liquor Store 212194 210 SPECIALTY TURF&AG INC Chemicals Park Maintenance 212381 208 RAY,LEE Other Contracted Services Softball 212027 207 AMERIPRIDE LINEN&APPAREL SER Cleaning Supplies Prairie View Liquor Store 212050 202 CABELA'S MKTG&BRAND MGT INC Clothing&Uniforms Police 212245 202 AMERIPRIDE LINEN&APPAREL SER Janitor Service Prairie Village Liquor Store 212166 202 PRAIRIE RESTORATIONS INC Other Contracted Services Storm Drainage 212329 200 KLATT,JACK Other Contracted Services Sunbonnet Days 212065 198 DE LAGE LANDEN FINANCIAL SERVI Equipment Repair&Maint IT Operating 212314 194 INDUSTRIAL AND RESIDENTIAL LIG Operating Supplies Utility Operations-General 212095 194 HENNEPIN CO TAXPAYER SERVICES Software Maintenance IT Operating 212210 181 TRI COUNTY BEVERAGE&SUPPLY Misc Non-Taxable Den Road Liquor Store 212262 179 CENTER FOR HEALTHY LIVING Instructor Service Senior Center Programs 212310 174 HUDSON,CAROL Accounts Receivable Community Center Admin 212019 169 ACME TOOLS Equipment Repair&Maint Senior Center Admin 212396 169 STRONER,ELIZABETH Operating Supplies Police 212250 162 BARNES,BELINDA A. Other Contracted Services Volleyball 212036 160 BECKER ARENA PRODUCTS INC Contract Svcs-Ice Rink Ice Arena Maintenance 212113 160 JOHNSTONE SUPPLY Supplies-HVAC City Hall-CAM 212399 159 TACTICAL RIVER LLC Clothing&Uniforms Police 212140 158 MOTOROLA Equipment Repair&Maint Public Safety Communications Check# Amount Vendor/Explanation Account Description Business Unit Explanation 212274 158 DOMACE VINO Transportation Prairie Village Liquor Store 212042 157 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Den Road Liquor Store 212334 155 LINDAHL,DAVID Travel Expense Economic Development 212284 154 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 212413 150 WHEELER,JACOB Training Supplies Fire 212093 150 HARPSTER OF PHILIPSBURG INC Operating Supplies Fire 212256 149 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 4281 149 OPTUM HEALTH FINANCIAL SERVICE Other Contracted Services Health and Benefits 212144 148 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 212125 143 MARGRON SKOGLUND WINE IMPORTS, Transportation Prairie View Liquor Store 212032 140 BANK BEER CO Beer Den Road Liquor Store 212213 138 UPS Postage Fire 212171 138 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 212180 137 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 212029 137 ARNDT,DALE Small Tools Fleet Operating 212071 134 EF JOHNSON Equipment Repair&Maint Public Safety Communications 212138 134 MINT CONDITION DETAILING INC Equipment Repair&Maint Fleet Operating 212145 126 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment Plant 212234 125 Z WINES USA LLC Transportation Den Road Liquor Store 212363 122 PETSMART Canine Supplies Police 212426 122 WORLD WIDE CELLARS INC Transportation Prairie View Liquor Store 212059 119 CONCRETE CUTTING&CORING INC Landscape Materials/Supp Street Maintenance 212073 118 EVIDENT INC Operating Supplies Police 212052 118 CENTURYLINK Telephone IT Telephone 212124 116 MAHMUTOVIC,DZEVAD Mileage&Parking Facilities Staff 212306 115 HEALY,STEPHEN Other Contracted Services Softball 212132 111 MIDWEST ASPHALT CORPORATION Waste Blacktop/Concrete Street Maintenance 212351 110 MIXED SOCIAL TENNIS CLUB Round Lake Pavilion Park Facilities 212333 109 LAMERS,ANDREW Mileage&Parking Tree Disease 212337 105 MARGRON SKOGLUND WINE IMPORTS, Transportation Prairie View Liquor Store 212070 105 DUPONT,BRENT Travel Expense Police 212373 101 QUALITY PROPANE Gas Ice Arena Maintenance 212101 97 J H LARSON COMPANY Repair&Maint.Supplies Sewer Liftstation 212143 96 NAGARALE,ARUN Insurance Property Insurance 212430 95 ZIEGLER INC Equipment Parts Water Wells 212069 93 DIRECTV Cable TV Community Center Admin 212024 92 AMARA WINES LLC Transportation Prairie View Liquor Store 212102 91 JACK'S CANOE RENTAL Program Trips Outdoor Center 212118 90 LIEBERT CASSIDY WHITMORE Other Contracted Services Organizational Services 212295 90 GOODING,WILLIAM Accounts Receivable Community Center Admin 212177 88 R&R SPECIALTIES OF WISCONSIN Repair&Maint-Ice Rink Ice Arena Maintenance 212075 88 FAGNANT,SUSAN Instructor Service Outdoor Center 212249 87 AZTEC BP Equipment Repair&Maint Police 212049 87 BROWNING,RYAN Other Hardware IT Operating 212327 85 KEEPERS Clothing&Uniforms Animal Control 212153 84 OLVALDE FARM AND BREWING COMPA Beer Prairie Village Liquor Store 212412 84 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 212392 81 STANLEY SECURITY SOLUTIONS INC Supplies-Security 3rd Sheet of Ice 212063 80 DAHLKE,TRAVIS Training Supplies Fire Check# Amount Vendor/Explanation Account Description Business Unit Explanation 212122 75 LOUNSBURY,LINDA Other Contracted Services Sunbonnet Days 212276 75 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous City Council 212178 75 R R DONNELLEY Printing Police 212141 71 MPX GROUP,THE Printing Police 212429 71 ZEE MEDICAL SERVICE Safety Supplies Riley Lake Beach 212098 69 HOLMES,TOM Other Contracted Services Softball 212117 69 LAW ENFORCMENT TARGETS INC Training Supplies Police 212294 65 GOEL,MONIKA Accounts Receivable Community Center Admin 212387 64 SOTO,RICARDO Accounts Receivable Community Center Admin 212196 62 SPRINT Telephone Engineering 212397 61 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 212152 60 OLSEN COMPANIES Repair&Maint. Supplies Sewer System Maintenance 212198 60 SQUARE CUT Other Contracted Services Senior Center Admin 212068 59 DEZENSKI,JEFFREY Operating Supplies Fire 212359 59 OFFICE DEPOT CREDIT PLAN Office Supplies Water Accounting 212149 57 NUCO2 INC Supplies-Pool Pool Maintenance 212182 57 SCHWAB VOLLHABER LUBRATT SERVI Supplies-HVAC City Center Operations 212395 55 STREICHERS Clothing&Uniforms Police 212119 52 LIFT BRIDGE BREWERY Beer Den Road Liquor Store 212136 52 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 212080 50 FRIEDMAN,BETH Other Contracted Services Sunbonnet Days 212134 49 MIDWEST PLAYSCAPES Repair&Maint. Supplies Staring Lake 212026 49 AMERICAN RED CROSS Licenses&Taxes Pool Operations 212272 48 DIRECTV Operating Supplies Police 212091 47 HACH COMPANY Laboratory Chemicals Water Treatment Plant 212288 46 FILTRATION SYSTEMS Supplies-HVAC City Hall-CAM 212139 46 MINVALCO INC Supplies-HVAC City Hall-CAM 212185 44 SHERWIN WILLIAMS CO Operating Supplies Park Maintenance 212105 44 JOHN DEERE LANDSCAPES/LESCO Equipment Repair&Maint Park Maintenance 212165 44 PRAIRIE LAWN AND GARDEN Landscape Materials/Supp Street Maintenance 212370 44 PRAIRIE LAWN AND GARDEN Landscape Materials/Supp Street Maintenance 212338 42 MCMASTER,BOB Deposits-P&R Refunds Community Center Admin 212103 40 JACOBS,TRAVIS Training Supplies Fire 212148 37 NORTHERN TOOL Equipment Parts Fleet Operating 212131 35 METROPOLITAN FORD Equipment Parts Fleet Operating 212116 34 LANDS END CORPORATE SALES Clothing&Uniforms Police 212187 33 SHRED-IT Other Contracted Services Community Center Admin 212319 32 JOHN DEERE LANDSCAPES/LESCO Repair&Maint. Supplies Utility Operations-General 212404 30 TWIN CITY ARMA Conference Expense City Clerk 212031 28 AT&T MOBILITY Pager&Cell Phone Park Maintenance 212331 24 KRAEMERS HARDWARE INC Supplies-General Bldg Fitness/Conference-Cmty Ctr 212212 22 UNIFORMS UNLIMITED Clothing&Uniforms Police 212348 15 MINNESOTA MUNICIPAL BEVERAGE A Conference Expense Den Road Liquor Store 212077 13 FASTENAL COMPANY Equipment Parts Fleet Operating 212316 13 J H LARSON COMPANY Supplies-Electrical Garden Room Repairs 212383 12 REID,COLLEEN Accounts Receivable Community Center Admin 212360 12 OLSEN COMPANIES Equipment Parts Fleet Operating 212379 11 QUICKSILVER EXPRESS COURIER Other Contracted Services Communications 212330 10 KOCOUREK,JOAN Clothing&Uniforms Police Check# Amount Vendor/Explanation Account Description Business Unit Explanation 4280 7 VANCO SERVICES Bank and Service Charges Sewer Utility-General 212432 7 A TO Z RENTAL CENTER Landscape Materials/Supp Street Maintenance 212034 6 BATTERIES PLUS Equipment Repair&Maint Public Safety Communications 212270 6 DELEGARD TOOL CO Small Tools Fleet Operating 212235 5 ZIEGLER INC Equipment Parts Storm Drainage 212170 2 PUTNAM,PAT Program Fee Trips 1,771,837 Grand Total City of Eden Prairie Purchasing Card Payment Report 9/20/2011 Amount Explanation Vendor Account Description Business Unit 13 US-Soil Samples MENARDS Operating Supplies Park Maintenance 970 US-Metered Magnetic Locat POLLARD WATER Small Tools Water System Maintenance 251 US-Radio for Jetting DISCOUNT TWO-WAY RADIO Equipment Parts Sewer System Maintenance 105 US-Tie Downs NORTHERN TOOL&EQUIPMENT Repair&Maint.Supplies Utility Operations-General 626 US-Bear Path Water Break RIVERS EDGE CONCRETE Repair&Maint.Supplies Storm Drainage 30 US-Sod AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Street Maintenance 15 US-CC Rings MENARDS Building Repair&Maint. Park Maintenance 154 US-Ball Fields MENARDS Repair&Maint.Supplies Park Maintenance 100 US-Prizes,Cust.Appreciation TWINS PRO SHOP APPLE VALLEY Advertising Prairie Village Liquor Store 100 US-Prizes,Cust.Appreciation TWINS PRO SHOP APPLE VALLEY Advertising Den Road Liquor Store 100 US-Prizes,Cust.Appreciation TWINS PRO SHOP APPLE VALLEY Advertising Prairie View Liquor Store 30 US-Supplies WALMART COMMUNITY Operating Supplies Senior Center Admin 25 US-Enterance Fee PAVEK MUSEUM Special Event Fees Trips 10 US-Bingo Supplies DOLLAR TREE STORES,INC. Operating Supplies Senior Center Programs 9 US-Drivers Safety WALGREEN'S#5080 Operating Supplies Senior Center Programs 14 US-Senior Ctr Supplies WALMART COMMUNITY Operating Supplies Senior Center Admin 46 US-Garden Party Decor. PARTY CITY Operating Supplies Senior Board 91 US-Salad Lunch OLIVE GARDEN Operating Supplies Senior Center Programs 133 US-Salad Lunch KOWALSKI'S MARKET Operating Supplies Senior Center Programs 30 US-Employee Lunch JOE SENSER'S Miscellaneous Recreation Admin 35 US-Golf Classic WALMART COMMUNITY Operating Supplies Senior Center Programs 187 US-Tickets TRIPLE ESPRESSO Special Event Fees Trips 202 US-Coffee BUSINESS SUPPLY Operating Supplies Senior Center Admin 90 US-Beetle Trap MENARDS Operating Supplies Park Maintenance 238 US-Seminar,Carlon,Allmann FRED PRYOR SEMINARS Conference Expense Utility Operations-General 31 US-Hydrant Painting Supplies MENARDS Repair&Maint.Supplies Water System Maintenance 31 US-Seminar,Carlon,Allmann PERKINS Conference Expense Utility Operations-General 19 US-Training Lunch PIPPINS RESTAURANT Conference Expense Park Maintenance 43 US-Memorial Bench Plaques MINNESOTA TROPHIES&GIFTS Operating Supplies Park Maintenance 86 US-Officer Interviews PANERA BREAD Operating Supplies Fire 75 US-Member Fee S.Taylor INTERNATIONAL ASSOCIATION OF A Dues&Subscriptions Fire 995 US-Fire Workshop GLOBAL RISK INNOVATIONS INC Travel Expense Fire 489 US-Fire Workshop RESIDENCE INN Travel Expense General Fund 65 US-Boxes ULINE Operating Supplies Fire 426 US-FBI NAA conference HOLIDAY INN Tuition Reimbursement/School Police 43 US-Fire Truck Repair 341 BTR OF MINNESOTA Equipment Repair&Maint Fleet Operating 75 US-Cage for Back area PETSMART Equipment Parts Fleet Operating 730 US-Fence HUTCHISON LUMBER Building Materials Improvement Projects 2006 1,820 US-Supplies REESE ENTERPRISES INC Building Repair&Maint. Outdoor Center 3 US-Card WALGREEN'S#5080 Operating Supplies Park Maintenance 96 US-Supplies MOCAP Signs Park Maintenance 265 US-ROW Permit HENNEPIN COUNTY PUBLIC WORKS-F Improvement Contracts CIP Trails 46 US-Haffner funeral 371 DINER Operating Supplies Fire 91 US-Staff Meeting CHAMPPS RESTAURANT&BAR Operating Supplies Fire 1,096 US-Dues ICMA Dues&Subscriptions Administration 103 US-Baseline HOME DEPOT CREDIT SERVICES Improvements to Land Capital Outlay Parks -8 US-Return R.L.Irrig MENARDS Repair&Maint.Supplies Park Maintenance 63 US-Round Lk Irrigation MENARDS Repair&Maint.Supplies Park Maintenance Amount Explanation Vendor Account Description Business Unit 17 US-Round Lk Irrigation MENARDS Repair&Maint.Supplies Park Maintenance 52 US-Round Lk Irrigation MENARDS Repair&Maint.Supplies Park Maintenance 11 US-Shop supplies HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 5 US-Baseline Irrigation HOME DEPOT CREDIT SERVICES Improvements to Land Capital Outlay Parks 230 US-Miller Athletic Lights/Wire HOME DEPOT CREDIT SERVICES Building Repair&Maint. Park Maintenance 8 US-Forest Hills Irrigation MENARDS Repair&Maint.Supplies Park Maintenance -21 US-Staring Horseshoe HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Park Maintenance 18 US-Staring Horseshoe Irrig. HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Park Maintenance 68 US-Staring Irrigation HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Park Maintenance 6 US-Irrigation HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Park Maintenance 9 US-Irrigation MENARDS Repair&Maint.Supplies Park Maintenance 902 US-Parts for Sludge Press ALLIED ELECTRONICS INC Equipment Parts Water Treatment Plant 29 US-Players Bench RL MENARDS Repair&Maint.Supplies Park Maintenance 22 US-Inadvertent Personal use SEA LIFE MN Deposits Escrow 73 US-Topper repair parts 264 BRAND FX GEMTOP Equipment Parts Fleet Operating -385 US-Tire Sealant Return ULTRASEAL INTERNATIONAL INC Equipment Parts Fleet Operating 100 US-Job Posting,HR Mgr PAYPAL INC Employment Advertising Organizational Services 195 US-HR Manager Ad LINKEDIN Employment Advertising Organizational Services 6 US-Farewell Party-K Kurt RAINBOW FOODS INC. Employee Award Organizational Services 185 US-Class TRUSIGHT Conference Expense Human Resources 317 US-Membership Renewal IABC Dues&Subscriptions Communications 229 US-Annual Dues INTERNATIONAL ASSOCIATION Dues&Subscriptions Fire 9 US-Homeowner Kits OFFICE DEPOT CREDIT PLAN Safety Supplies General Fund 88 US-Foam Bottles CONTAINER STORE Safety Supplies Fire 20 US-Epermit Web Security PAYPAL INC Equipment Repair&Maint IT Operating 40 US-UB Online Processing PAYPAL INC Bank and Service Charges Utility Operations-General 40 US-UB Recurring Credit Cards PAYPAL INC Bank and Service Charges Utility Operations-General 5,138 US-June Bldg Surcharge DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 2,372 US-June Bldg Surcharge DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund 696 US-June Bldg Surcharge DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund -164 US-June Bldg Surcharge DEPT OF LABOR&INDUSTRY Other Revenue General Fund 450 US-Conference GOVERNMENT FINANCE OFFICERS AS Conference Expense Finance 225 US-Financial Reporting Program GOVERNMENT FINANCE OFFICERS AS Awards Finance 26 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 16 US-Café Food RAINBOW FOODS INC. Merchandise for Resale Concessions 80 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 40 US-Café Food RAINBOW FOODS INC. Merchandise for Resale Concessions 18 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 27 US-Café Food RAINBOW FOODS INC. Merchandise for Resale Concessions 64 US-Vending Tabs HENNEPIN COUNTY TREASURER Licenses,Permits,Taxes Concessions 63 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 91 US-Staff Shirts TARGET Clothing&Uniforms Concessions 65 US-Staff Shirts TARGET Clothing&Uniforms Concessions 65 US-Staff Shirts TARGET Clothing&Uniforms Concessions 34 US-Café Food RAINBOW FOODS INC. Merchandise for Resale Concessions 39 US-Staff Shirts TARGET Clothing&Uniforms Concessions 93 US-Café Food RAINBOW FOODS INC. Merchandise for Resale Concessions 30 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 20 US-Café Food WALGREEN'S#5080 Merchandise for Resale Concessions 18 US-Café Food KOWALSKI'S MARKET Merchandise for Resale Concessions 57 US-Café Food RAINBOW FOODS INC. Merchandise for Resale Concessions 58 US-Café Food BRUEGGERS BAGEL Merchandise for Resale Concessions Amount Explanation Vendor Account Description Business Unit 114 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 26 US-Staff Shirts TARGET Clothing&Uniforms Concessions 72 US-Staff Shirts TARGET Clothing&Uniforms Concessions 26 US-Staff Shirts TARGET Clothing&Uniforms Concessions 96 US-Control Room Equip CIRCO TECHNOLOGY Equipment Repair&Maint Communications 60 US-Sunshine Fund K.Snyder BACHMANS CREDIT DEPT Deposits Escrow 625 US-NLC Conference NATIONAL LEAGUE OF CITIES Conference Expense City Council 50 US-Sunshine Fund L Paige BACHMANS CREDIT DEPT Deposits Escrow 55 US-Sunshine Fund D Bones BACHMANS CREDIT DEPT Deposits Escrow 216 US-Council Workshop JASON'S DELI Miscellaneous City Council 20 US-Council Workshop KOWALSKI'S MARKET Miscellaneous City Council -525 US-Refund NATIONAL LEAGUE OF CITIES Conference Expense City Council 69 US-Sunshine Fund J Carlin CONSOLIDATED FUNERAL SERVICES Deposits Escrow 9 US-Personal Use KOWALSKI'S MARKET Deposits Escrow 13 US-Irrigation Splicing NAPA AUTO PARTS Repair&Maint.Supplies Water System Maintenance 243 US-Sod HALLA NURSERY INC Repair&Maint.Supplies Water System Maintenance 32 US-Sod HALLA NURSERY INC Repair&Maint.Supplies Water System Maintenance 30 US-Supplies HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance 21 US-Can for Tack Oil HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance 561 US-Restock Summer Supplies GEMPLERS Operating Supplies Utility Operations-General 63 US-Training Lunch GRIZZLY'S GRILL Tuition Reimbursement/School Utility Operations-General 20 US-Gas#704-Training Class KWIK TRIP STORES Operating Supplies Utility Operations-General 61 US-Lunch for Seminar MICHAELS STEAK AND SEAFOOD Tuition Reimbursement/School Utility Operations-General 15 US-Shovel MENARDS Repair&Maint.Supplies Sewer System Maintenance 161 US-Breathab GANDER MOUNTAIN Operating Supplies Environmental Education 4 US-Daylily Labeling PARTY CITY Operating Supplies Park Maintenance 17 US-Daylily Labeling PARTY CITY Operating Supplies Park Maintenance 107 US-Back Pack Sprayer PRAIRIE LAWN AND GARDEN Small Tools Park Maintenance 94 US-Insect/Beetle Control HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 187 US-EPNTU Bins TARGET Operating Supplies Police 64 US-Measuring Wheel for 103 HOME DEPOT CREDIT SERVICES Small Tools Street Maintenance 15 US-Supper,Mitchell Rd Leak SUBWAY Repair&Maint.Supplies Water System Maintenance 23 US-Summer Musical Scripts to N UNITED STATES POSTAL SERVICE Postage Summer Theatre 21 US-Supplies for Art Camp MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center 16 US-Drawing Paper MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center 15 US-Supplies for Jewelry Class HOME DEPOT CREDIT SERVICES Operating Supplies Arts Center 72 US-Printer Ink for Art Center OFFICEMAX CREDIT PLAN Office Supplies Arts Center 11 US-Snacks for Camp RAINBOW FOODS INC. Operating Supplies General Fund 14 US-Scissors&Drawing Paper MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center 116 US-Paper for Art Class TRIARCO Operating Supplies Arts Center 4 US-Glue for Clay Studio MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center 33 US-Volunteer Mgmt System VOLGISTICS Other Contracted Services Recreation Admin 15 US-Snacks for Camp RAINBOW FOODS INC. Operating Supplies Arts Center 19 US-Wood Scrap for Art Camp MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center 12 US-Snacks for Camp RAINBOW FOODS INC. Operating Supplies Arts Center 400 US-Royalties for 2012 Musical MUSIC THEATRE INTERNATIONAL Operating Supplies Summer Theatre 536 US-Fridge for Homeward Hills EDEN PRAIRIE APPLIANCE Operating Supplies General Fund 33 US-Drinks for Training EDEN PRAIRIE COMMUNITY CENTER Miscellaneous Community Center Admin 117 US-Uniforms for Playcare KMART Operating Supplies Day Care 10 US-Uniforms for Playcare KMART Operating Supplies Day Care 10 US-Uniforms for Playcare KMART Operating Supplies Day Care 30 US-Uniforms for Playcare KMART Operating Supplies Day Care Amount Explanation Vendor Account Description Business Unit 78 US-Uniforms for Playcare KMART Operating Supplies Day Care 147 US-Birthday Party supplies DISCOUNT SCHOOL SUPPLY Operating Supplies Birthday Parties 19 US-Sod AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Street Maintenance 15 US-Sod HOME DEPOT CREDIT SERVICES Landscape Materials/Supp Street Maintenance 30 US-Shady Oak Siren SUPERAMERICA Operating Supplies Traffic Signals 19 US-Caution Tape MENARDS Operating Supplies Park Maintenance 28 US-Spikes for Tree Trust MENARDS Operating Supplies Park Maintenance 51 US-Spikes for Tree Trust MENARDS Operating Supplies Park Maintenance 64 US-Tennis Court Cranks NORTHERN TOOL&EQUIPMENT Repair&Maint.Supplies Park Maintenance 86 US-Tennis Bang Boards Supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Park Maintenance 57 US-Toolbox for Van HOME DEPOT CREDIT SERVICES Small Tools Water Metering 23 US-Critter Food-Outdoor Ctr PETCO Operating Supplies Outdoor Center 6 US-Critter Food-Outdoor Ctr PETCO Operating Supplies Outdoor Center 9 US-Office Supplies-Outdoor C OFFICEMAX CREDIT PLAN Office Supplies Outdoor Center 150 US-Trip Cancelled RECREATION.GOV Deposits Escrow 24 US-Critter Food-Outdoor Ctr PETCO Operating Supplies Outdoor Center 6 US-Critter Food-Outdoor Ctr PETSMART Operating Supplies Outdoor Center 20 US-Critter Food-Outdoor Ctr PETCO Operating Supplies Outdoor Center 8 US-Ball Fields MENARDS Repair&Maint.Supplies Park Maintenance 25 US-PL Tables MENARDS Repair&Maint.Supplies Park Maintenance 77 US-Bags HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 26 US-Ball Fields MENARDS Repair&Maint.Supplies Park Maintenance 1,233 US-Monitors for Dispatch INFINITE CORPORATE SOLUTIONS Equipment Repair&Maint Public Safety Communications 12 US-Radio Charger Parts RADIOSHACK Equipment Repair&Maint Public Safety Communications 8 US-Playground Supplies WALGREEN'S#5080 Operating Supplies Playgrounds 86 US-Safety Camp WALMART COMMUNITY Operating Supplies Safety Camp 90 US-Certificates PAPER DIRECT INC Operating Supplies Tennis 52 US-Certificates PAPER DIRECT INC Operating Supplies Summer Skill Development 8 US-Team Registration USTA Operating Supplies Tennis 26 US-Playground Supplies WALMART COMMUNITY Operating Supplies Playgrounds 32 US-Playground Supplies WALGREEN'S#5080 Operating Supplies Playgrounds 11 US-Camp Supplies WALMART COMMUNITY Operating Supplies Youth Programs Admin 46 US-Daycamp Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Day Camp 300 US Supplies TRIPLE PLAY SPORTS INC Operating Supplies General Fund 15 US-Supplies TRIPLE PLAY SPORTS INC Special Event Fees Teen Programs 281 US-Program Supplies DISCOUNT SCHOOL SUPPLY Operating Supplies Youth Programs Admin 8 US-Playground Supplies WALGREEN'S#5080 Operating Supplies Playgrounds 89 US-Playgrounds WALGREEN'S#5080 Operating Supplies Playgrounds -1,352 US-Credit from Grant GANDER MOUNTAIN Recreation Supplies Special Events&Trips 16 US-Playground Supplies WALMART COMMUNITY Operating Supplies Playgrounds 16 US-Playground Supplies PARTY CITY Operating Supplies Playgrounds 16 US-Playground Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Playgrounds 32 US-Staff Prizes BAUDVILLE Operating Supplies Youth Programs Admin 18 US-Program Supplies WALMART COMMUNITY Operating Supplies Youth Programs Admin 17 US-Program Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Youth Programs Admin 139 US-Aquatics EDINA AQUATIC CENTER Special Event Fees Teen Programs 12 US-Sat.Night out supplies TARGET Operating Supplies AC-Saturday Night Out 4 US-Paper for Art Class MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center 5 US-Supplies for Teen Camp WALMART COMMUNITY Recreation Supplies Accessibility 49 US-License for Miller Park HENNEPIN COUNTY TREASURER Licenses,Permits,Taxes Recreation Admin 118 US-Supplies for Teen Camp WALMART COMMUNITY Operating Supplies Playgrounds 2 US-Supplies,Miller Park Camp RANDY'S BOBBY&STEVE'S AUTOWO Operating Supplies Playgrounds Amount Explanation Vendor Account Description Business Unit 201 US-Miller Park Splash Time Sup DAIRY QUEEN Operating Supplies Recreation Admin 152 US-Supplies for Teen Camp DISCOUNT SCHOOL SUPPLY Office Supplies Accessibility 40 US-Supplies for Teen Camp MICHAELS-THE ARTS&CRAFTS S Office Supplies Accessibility 7 US-Ice for Playground Camps AZTEC BP Operating Supplies Therapeutic Rec Admin 6 US-Supplies for Teen Camp WALMART COMMUNITY Office Supplies Accessibility 11 US-Supplies for Teen Camp DOLLAR TREE STORES,INC. Office Supplies Accessibility 43 US-Supplies for Teen Camp TARGET Office Supplies Accessibility 1,101 US-Linens for Conference Rooms PREMIER TABLE LINENS Operating Supplies General Fund 209 US-Rescue Tube Covers LIFEGUARD STORE INC,THE Operating Supplies Oak Point Operations 119 US-Chair for Playcare CSN LOCKER SUPPLY Recreation Supplies Day Care 186 US-Supplies/Equip for Open Swi ADOLPH KIEFER&ASSOCIATES Operating Supplies Pool Operations 208 US-Group Fitness APRES Operating Supplies Fitness Classes 13 US-Riley Training KOWALSKI'S MARKET Operating Supplies Riley Lake Beach 7 US-Riley Training KOWALSKI'S MARKET Operating Supplies Riley Lake Beach 15 US-Lake Riley Event KOWALSKI'S MARKET Operating Supplies Riley Lake Beach 897 US-Jerseys for Cycle Expo ERIK'S BIKE SHOP Clothing&Uniforms Fitness Center 120 US-Jerseys for Cycle Expo ERIK'S BIKE SHOP Operating Supplies Senior Center Admin 120 US-Jerseys for Cycle Expo ERIK'S BIKE SHOP Operating Supplies Recreation Admin 588 US-Parts for Spin Bikes MAD DOGG ATHLETICS Equipment Repair&Maint Fitness Center 10 US-Program Fee's AMERICAN RED CROSS TWIN CITIES Licenses,Permits,Taxes Pool Lessons 100 US-Program Fee's AMERICAN RED CROSS TWIN CITIES Licenses,Permits,Taxes Pool Lessons 250 US-Licensing SCW FITNESS Licenses,Permits,Taxes Fitness Classes 29 US-Training-Riley Staff RAINBOW FOODS INC. Operating Supplies Riley Lake Beach 75 US-Training Supplies,Targets PAYPAL INC Training Supplies Police 1,180 US-EMT Basic HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Police 504 US-Forensic Training Class DELTA AIR Tuition Reimbursement/School Police 192 US-Training,B Dean HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Police 62 US-Firearms Supplies BROWNELLS INC. Training Supplies General Fund 290 US-Verizon Cards for Toughbook PAYPAL INC Other Assets CIP-Bonds 1,299 US-Mikes Developer Tools TELERIK INC Software IT Operating 375 US-Expression Studio Upgrade MICROSOFT CORPORATE Software IT Operating 343 US-Tools HOME DEPOT CREDIT SERVICES Computers IT Operating 22 US-Cable for Police-Rob AMAZON.COM Computers IT Operating 36 US-Video Adapters AMAZON.COM Computers IT Operating 1,397 US-Water Plant Lift Station HP DIRECT SMB Computers Sewer Capital 3 US-Retaining Wall 729 HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Utility Operations-General 38,880 Report Total CITY COUNCIL AGENDA DATE: SECTION: Reports of Directors September 20, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO. XIV.C.1. Community Development: Purchase Agreement- Lot 1 Block 1 Dell Janet Jeremiah/David Lindahl Station (Dell Road Fire Station Site) Requested Action: Move to: Authorize the Mayor and City Manager to execute a purchase agreement and other documents including but not limited to a Warranty Deed and affidavits as are necessary to complete the sale of a 1.17 acre site owned by the City and legally described as Lot 1, Block 1,Dell Station,Hennepin County,Minnesota. Synopsis: The buyer, E.P. Dell Road NHA, LLC has submitted an offer to purchase the 1.17 acre site for$450,000 for a New Horizon Daycare Center. The sale is expected to close sometime in January 2012 provided all contingencies are met the development proposal is approved by the City. Background: The corner of Dell Road and TH312 was identified in 2004 as a good location for a new fire station to serve the southwest area of Eden Prairie. The City purchased a 3.65 acre parcel in 2005 from Duane and Curt Delegard for$1,960,034 or$12.30 per square foot. Although only 1.3 acres was needed for the fire station the Delegard's would only sell the entire parcel, so the City completed the purchase knowing it would sell part of the remaining property to MnDOT for the 212 project, and the other remaining parcel could be sold for commercial development. MnDOT purchased 1.29 acres from the City in June 2005 for$722,500 or $12.84 per square foot. While the fire station was being constructed Lot 1, Block 1, Dell Station parcel was used for construction access and for storing various materials and equipment. The east side of this site was used for the construction of a storm retention pond designed to serve the fire station and the remaining parcel. In the fall of 2005, staff issued an RFP for development and received four proposals for small multi-tenant convenience shopping centers. Reliance Development offered to pay the City$700,000 for the site provided they could build a 10,000 square foot shopping center and obtain rents of around $25/square foot. Over the next several months Reliance worked with staff on site plan related issues and eventually asked the City to reevaluate its parking requirements for shopping centers which they felt were too high. The City eventually reduced its parking requirements but Reliance was still only able to site plan an 8,000 square foot building without variances—partly because the storm retention pond renders about 35% of the site unusable. Also, after further market analysis they determined the space would likely obtain rents well below $25/square foot. Therefore they reduced their purchase offer for the land from $700,000 to $550,000, which they felt made the project more economically feasible. Reliance continued to work with staff on site plan and building design issues but in early 2007 withdrew their offer to purchase the site citing an inability to make the numbers work and also recognized that market was beginning to wane. The next purchase offer came from Doran Companies in August 2007 for$550,000 for a small strip retail convenience development. The City declined the offer believing it was too low based on data from other land sales that had occurred around Eden Prairie over the previous year or two. But by fall of 2008 the real estate market crashed and values plummeted dramatically across the U.S. and in Eden Prairie. In early 2010 another local developer offered the City$350,000 for the property for a small convenience store concept. That offer was also rejected. Staff feels the current offer of$450,000 is a fair price for the property considering the current market conditions. And many in the real estate industry are saying the road to recovery may be long and uneven. Also, a daycare is consistent with the current zoning of the site and according to the developer the convenient access from TH212 makes it ideal for this type of use. Attachment: Purchase Agreement TH212 & Dell Road Interchange 0,-tior, -- ,, ,,:r, - , Wilts, . - , , 9 Fps ,,': For _ti y Sale - :�— i 411ii_ - 1., West View PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (this "Agreement") is dated as of September 20, 2011 between City of Eden Prairie, a Minnesota municipal corporation (referred to as "Seller") and E.P. Dell Road NHA, LLC a Minnesota limited liability company(referred to as "Buyer"). RECITALS Seller is the fee owner of certain real property located in Hennepin County, Minnesota, containing approximately 1.17 acres, legally described as Lot 1 Block 1, Dell Station, Hennepin County, Minnesota, according to the plat thereof on file or of record (the "Land"). The Land, together with all buildings and improvements constructed or located on the Land in Eden Prairie, Minnesota all easements and rights benefiting or appurtenant to the Land , (collectively referred to herein as the "Real Property"). Buyer desires to purchase the Real Property from Seller, pursuant to the terms of this Agreement and subsequently construct a child care facility as set forth on Exhibit A Seller desires to sell the Real Property to Buyer, pursuant to the terms of this Agreement. For purposes of this Agreement the effective date is the later date both Seller and Buyer shall have executed this Agreement ("Effective Date") as shown by the dates next to their signature blocks. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Sale of Real Property. Seller agrees to sell to Buyer and Buyer agrees to buy from Seller the Real Property. 2. Purchase Price. The purchase price to be paid by Buyer to Seller is Four Hundred Fifty Thousand Dollars ($450,000.00). 3. Payment of Purchase Price. The Purchase Price shall be paid as follows: 3.1 Earnest Money. Twenty-Two Thousand Five Hundred and no/100 Dollars ($22,500.00) as earnest money ("Earnest Money") which Earnest Money shall be held by Guaranty Title Company ("Escrow Agent") in an interest bearing escrow account, pursuant to the Escrow Agreement attached hereto as Exhibit B. The fees for any such account shall be paid by Buyer 3.2 Closing Payment. Subject to adjustments provided for herein, Four Hundred Twenty Seven Forty Thousand Five hundred Dollars and no/100 ($427,500.00) in cash or by wire transfer of U.S. Federal Funds to be received by Seller on the Closing Date. 4. A. Contingencies. Unless waived by Buyer in writing, Buyer's obligation to purchase the Real Property shall be subject to and contingent upon each of the following: 4.1 Representations and Warranties. The representations and warranties of Seller contained in this Agreement must be true now and on the Closing Date as if made on the Closing Date and Seller shall have delivered to Buyer at closing a certificate dated the Closing Date, signed by Seller, certifying that such representations and warranties are true as of the Closing Date (the "Bring-down Certificate"). 4.2 Performance of Seller's Obligations. Seller shall have performed all of the obligations required to be performed by Seller under this Agreement, as and when required by this Agreement. 4.3 Title. Title shall have been found acceptable by Buyer or made acceptable in accordance with the requirements and terms of Section 10 below 4.4 Phase I. No later than forty-five (45) days after the Effective Date Buyer shall have determined that it is satisfied with a Phase I Environmental Report (prepared in accordance with the current ASTM standard for Phase I environmental site assessments) to be prepared with regard to the Real Property by an environmental consultant reasonably acceptable to Buyer (the "Phase I"). Buyer shall cause the Phase Ito be prepared no later than thirty-five (35) days after the Effective Date at Buyer's cost and expense and shall deliver a copy to Seller within three (3) business days of receipt by Buyer. 4.5 Testing. No later than forty-five (45) days after the Effective Date Buyer shall have determined that it is satisfied with the results of and matters disclosed by the Phase I and any other soil tests, engineering inspections, hazardous waste and environmental reviews of the Real Property, all such tests, inspections and reviews to be obtained at Buyer's sole cost and expense. 4.6 No Adverse Action. There shall not exist on the Closing Date any lawsuit, governmental investigation or other proceeding challenging the transaction contemplated in this Purchase Agreement, or which might adversely affect the right of Buyer to own, develop, or use the Real Property after the Closing Date for Buyer's intended use. 4.7 Governmental Approval. No later than one-hundred fifty( 150) days after 2 the Effective Date Buyer shall have obtained approval from the City of Eden Prairie all full and final approvals for the development and construction of a childcare facility with a capacity of no less than 150 children , including, without limitation, City Council approval of a Resolution for Planned Unit Development Concept Review, 1st Reading of an Ordinance for Planned Unit Development District Review and Zoning District Change, Site Plan Review, (hereinafter collectively referred to as "Governmental Approvals") (excepting however building permit) pertaining to the Real Property. Seller, as the Owner of the Real Property and not as a governmental entity, shall without charge to Buyer cooperate in Buyer's attempts to obtain all such governmental approvals. Seller shall further execute such rezoning applications, plans, environmental worksheets and other documents as may be required by governmental bodies to accomplish the foregoing. Buyer must make application with the City of Eden Prairie for the Governmental Approvals within thirty (30) days of the Effective Date. 4.8 Restrictive Covenant. No later than forty-five (45) days after the Effective Date, Buyer and Seller shall agree on the form of restrictive covenant, as more fully described in Section 15 hereafter, to be recorded at Closing against the Real Property. 4.9 Financing No later than 150 days Buyer shall have secured a commitment for financing for the purchase of the Real Property and subsequent construction of a childcare facility thereon the terms of which financing are acceptable to Buyer at its sole discretion. 4.10 Survey. Within thirty(30) days after the Effective Date Seller shall deliver a copy of the Survey, which survey shall be certified to Seller as having been made in accordance with the "Minimum Standard Detail Requirements and classifications for ALTA/ACSM Land Title Surveys" jointly established and adopted by ALTA and ACSM in 2011 and shall meet the accuracy requirements of an Urban Survey("Survey"). 4.11 Pond. Within sixty (60) days of the Effective Date Buyer shall have obtained determined that the existing pond is adequately designed to accommodate the development and construction of a child care facility without modification beyond the encroachment proposed on the conceptual site plan attached hereto as Exhibit A. 4. B. Termination by Buyer. Unless waived by Buyer in writing, Buyer's obligation to purchase the Real Property shall be subject to and contingent upon each of the following: If any of the foregoing contingencies set forth in Section 4. A. of this Agreement have not been satisfied on or before the stated date then this Agreement may be terminated, at Buyer's option, by written notice from Buyer to Seller. Such notice of termination shall be given no later than 3 Five (5) business days after the stated date for the relevant contingency item. If Buyer fails to give notice of termination as provided above, the contingencies are automatically deemed waived. Buyer may also waive any contingency by written notice to Seller but such written notice is not required for a waiver to be effective. Upon a termination by Buyer (a) Buyer and Seller shall execute a recordable written termination of this Agreement, which shall include Buyer's quit claim of any interest in and to the Real Property, (b) the Earnest Money and any interest accrued thereon shall be released to Buyer, and (c) upon fulfillment of(a) and (b) above neither party will have any further rights or obligations regarding this Agreement or the Real Property except for the rights and obligations of indemnification set forth in Sections 5, 17 and 18. 4. C. Termination by Seller. If Buyer defaults in any obligation set forth in 4. A. above, including but not limited to obtaining a Phase I and making application for the Governmental Approvals with the City of Eden Prairie within the required time, this Agreement may be terminated, at Seller's option by written notice from Seller to Buyer, at any time prior to the Closing Date. Upon a termination by Seller (a) Buyer and Seller shall execute a recordable written termination of this Agreement, which shall include Buyer's quit claim of any interest in and to the Real Property, (b) the Earnest Money and any interest accrued thereon shall be released to and retained by Seller; (c) Buyer's rights in and to the Phase I and the Survey shall be automatically assigned to Seller and Buyer shall execute such assignment documents as may be necessary to confirm said assignment, and (d) upon fulfillment of(a) and (b), neither party will have any further rights or obligations regarding this Agreement or the Real Property except for the rights and obligations of indemnification set forth in Sections 5, 17 and 18. 5. Buyer's Access Investigation and Security and Property Data. 5.1 Access and Investigation. Seller shall allow Buyer, and Buyer's agents, access to the Real Property without charge and at all reasonable times for the purpose of Buyer's investigation and testing the same. Except as set forth in the Agreement, Buyer shall pay all costs and expenses of such investigation and testing and shall indemnify and hold Seller and the Real Property harmless from all costs and liabilities relating to Buyer's activities. Buyer shall further promptly repair and restore any damage to the Real Property caused by or occurring during Buyer's testing and return the Real Property to substantially the same condition as existed prior to such entry. 5.2 Security. In the event Buyer is conducting any tests or inspections on the Real Property as permitted in this Agreement ("Tests"), prior to being allowed access to the Real Property Buyer shall either (i) provide the Seller duly and validly executed mechanics lien waivers, whether by a full satisfaction of mechanics lien or by a written waiver of all mechanics lien rights against the Real Property, by which any provider acknowledges payment in full for its labor and material or agrees to waive its rights to claim a mechanics lien against the Real Property as the result of any Tests, or (ii) Buyer shall obtain a written estimate for said services reasonable 4 acceptable to Seller and shall tender to the Seller security equal to 150% of total of the estimates of the contractors selected by Buyer to perform said services. Such security shall be in the form of cash or a Letter of Credit from a financial institution acceptable to Seller (the "Security") and shall be held in escrow by Seller and shall be released by Seller upon tender of lien waivers for the Tests performed on the Real Property. In the event liens or other claims are filed against the Real Property, Seller may use the Security to satisfy such liens or claims. 5.3 Property Data. Within thirty (30) days of the Effective Date, Seller shall provide Buyer with the items and documents set forth in Exhibit D (the "Due Diligence Documents") to the extent such items and documents are in the Seller's possession. Except as expressly stated herein, Seller makes no representation or warranty as to the truth, accuracy, or completeness of any materials, data or information delivered by Seller to Buyer in connection with the transaction contemplated by this Agreement. Buyer acknowledges and agrees that all materials, data and information delivered by Seller to Buyer in connection with the transaction contemplated by this Agreement are provided to Buyer as a convenience only and that any reliance on or use of such materials, data or information by Buyer shall be at the sole risk and expense of Purchaser. Without limiting the generality of the foregoing, Buyer acknowledges and agrees that (i) any environmental or other report with respect to the Premises shall be for general information purposes only, (ii) Buyer shall not have any right to rely on any such report delivered by Seller to Purchaser, but rather will rely on its own inspections and investigations of the Premises and any reports commissioned by Buyer with respect thereto, and (iii) neither Seller or any affiliate of Seller, or their respective employees, officers, council members, commissioners, or any person or entity which prepared any such report delivered by Seller to Buyer shall have any liability to Buyer for any inaccuracy in or omission from any such report. In the event this Agreement is cancelled or fails to close for any reason other than Seller's default, Buyer shall promptly return to Seller any information, reports, surveys or other property data delivered to Buyer by or on behalf of Seller. 6. Closing. The closing of the purchase and sale contemplated by this Agreement (the "Closing") shall occur on that date which is ten (10) business days after the earlier of the satisfaction of the last of the contingencies set forth in Section 4. A. of this Agreement or the date when Buyer shall give notice to Seller that the contingencies which are to have been satisfied prior to the Closing have been waived or satisfied (the "Closing Date"). The Closing shall take place at 10:00 a.m. local time at the offices of the Title Company, or at such other place as may be agreed to. Seller agrees to deliver possession of the Real Property to Buyer on the Closing Date. 7. Seller's Closing Documents. On the Closing Date, Seller shall execute and/or deliver to Buyer the following(collectively, "Seller's Closing Documents"): 5 7.1 Deed. A Warranty Deed, in recordable form reasonably satisfactory to Buyer, conveying the Real Property to Buyer, free and clear of all encumbrances, except the Encumbrances set forth on Exhibit B hereto and the Permitted Encumbrances. 7.2 Title Policy. The Policy described in Section 10 of this Agreement, or a suitably marked up Title Commitment for the Policy initialed by Title Company, in the form required by this Agreement. 7.3 Bring-down Certificate. A certificate reaffirming as of the Closing Date all of the Seller's Representations and Warranties contained in paragraph 12 of this Agreement. 7.4 Seller's Affidavit. An Affidavit of Seller indicating that on the Closing Date (a) there are no outstanding, unsatisfied judgments, tax liens or bankruptcies against or involving Seller or the Real Property; (b) there has been no skill, labor or material furnished to the Real Property for which payment has not been made or for which mechanic's liens could be filed; and (c) there are no other unrecorded interests in the Real Property, together with whatever standard owner's affidavit and/or indemnity (ALTA Form) which may be required by Title Company to issue the Policy described in Section 10 of this Agreement. 7.5 FIRPTA Affidavit. A non-foreign affidavit, properly executed and in recordable form, containing such information as is required by IRC Section 1445(b)(2) and its regulations. 7.6 IRS Reporting Form. The appropriate Federal Income Tax reporting form, if any, as required. 7.7 Executive Order Affidavit. An affidavit properly executed and in recordable form satisfying Buyer and Title Company that the Seller is not a blocked person under Executive Order 13224. 7.8 Other Documents. All other documents reasonably determined by Buyer to be necessary to transfer the Real Property to Buyer free and clear of all encumbrances, except the Permitted Encumbrances. 7.9 Well Certificate. A well certificate, if required, by Minnesota Statutes. 8. Buyer's Closing Documents. On the Closing Date, Buyer will execute and/or deliver to Seller the following (collectively, "Buyer's Closing Documents"): 8.1 Purchase Price. The Purchase Price, by wire transfer of U.S. Federal Funds or by certified check to be received in Title Company's trust account or delivered to Seller on or before 10:00 a.m. local time on the 6 Closing Date. 8.2 Title Documents. Such Affidavits of Purchaser, Certificates of Value or other documents as may be reasonably required by Title Company in order to record the Seller's Closing Documents and issue the Policy. 8.3 Executive Order Affidavit. An affidavit properly executed and in recordable form confirming the Buyer's representations in Section 13.2. 9. Prorations. Seller and Buyer agree to the following prorations and allocation of costs regarding this Agreement: 9.1 Title Insurance and Closing Fee. Seller will pay all costs of the Title Evidence described in Section 10 of this Agreement and the fees charged by Title Company for any escrow required regarding Buyer's Objections. Buyer will pay the premium or cost of the Owner's Title Policy and all additional premiums required for the issuance of any Mortgagee's Title Insurance Policy required by Buyer. Seller and Buyer will each pay one- half of any reasonable and customary closing fee or charge imposed by any closing agent designated by Title Company. 9.2 Deed Tax. Seller shall pay all state deed tax regarding the Warranty Deed to be delivered by Seller under this Agreement. 9.3 Real Estate Taxes and Special Assessments. At Closing, the Purchase Price shall be adjusted as follows: 9.3.1 Current Year's Taxes. Taxes payable in calendar year 2011 are governed by Minnesota Statutes Section 272.02, subdivisions 8 and 38. All real property taxes which have become a lien on the Real Property("Taxes") and which are due and payable prior to the year in which Closing occurs, shall be paid by Seller at or prior to Closing. All Taxes which are due and payable in the year in which Closing occurs, shall be prorated to the Closing Date and Seller's portion shall be paid by Seller at Closing. This proration shall result in Seller's payment of Taxes from January 1 to the date immediately prior to the Closing Date and Buyer's payment of Taxes from the Date of Closing to December 31. All Taxes payable in the year following of Closing shall be paid by the Buyer. 9.3.2 Assessments. All charges for improvements or services already made to or which benefit the Real Property, and all levied, pending or deferred assessments (general or special) arising out of or in connection with any assessment district created or confirmed prior to the Effective Date ("Assessments") shall be paid in full by Seller at Closing. All assessments (general or special) which are levied 7 after the Closing Date or which become pending after the Closing Date shall be assumed and paid by Buyer. 9.4 Recording Costs. Seller will pay the cost of recording all documents necessary to place record title in the condition warranted by Seller and requested by Buyer in this Agreement. Buyer will pay the cost of recording all other documents, including the cost of recording the final plat. 9.5 Other Costs. All other operating costs of the Real Property will be allocated between Seller and Buyer as of the Closing Date, so that Seller pays that part of such other operating costs payable before the Closing Date, and Buyer pays that part of such operating costs payable from and after the Closing Date. 9.6 Attorney's Fees. Each of the parties will pay its own attorney's fees, except that a party defaulting under this Agreement or any closing document will pay the reasonable attorneys fees and costs incurred by the non-defaulting party to enforce its rights regarding such default. 10. Title Examination. Title examination will be conducted as follows: 10.1 Seller's Title Evidence. Seller shall, no later than thirty(30) days after the Effective Date furnish to Buyer, at Seller's cost and expense, the following: A commitment ("Title Commitment") for the most current ALTA Form B Owner's Policy of Title Insurance insuring title to the Real Property in the amount of the Purchase Price, issued by Guaranty Title Company("Title Company"). The Title Commitment will commit Title Company to insure title to the Real Property subject only to the Permitted Encumbrances. The Title Commitment shall include providing for deletion of survey exception, mechanic's liens and possession standard exceptions and to include special endorsements to zoning (ALTA form 3.1) and such other requirements as may be requested by Buyer's lender 10.2 Survey. Seller shall provide to Buyer with a Survey as set forth in Section 4.10. 10.3 Buyer's Objections. Within Twenty ( 20) business days after receiving the later of the Title Commitment and the Survey, , Buyer shall make written objections ("Objections") to the form and/or contents of the Title Commitment and the Survey. Buyer's failure to make Objections within such time period will constitute a waiver of Objections. Any matter shown on the Title Commitment and/or Survey and not objected to by Buyer shall be a "Permitted Encumbrance" pursuant to this Agreement. Seller will have sixty (60) days after receipt of the Objections to cure the 8 Objections, during which period the Closing will be postponed as necessary. Seller shall use its best efforts to correct any Objections. To the extent an Objection can be satisfied by the payment of money, Buyer shall have the right to apply a portion of the cash payable to Seller at the Closing to satisfaction of such Objection and the amount so applied shall reduce the amount of cash payable to Seller at the Closing provided, that the amount due to the third-party claimant is an undisputed liquidated amount for which Sellers's liability is undisputed. If the Objections are not cured within such sixty (60) day period, Buyer will have the option to do any of the following: 10.3.1 Termination. Terminate this Agreement and receive a refund of the Earnest Money. 10.3.2 Escrow for Cure. If the parties agree to an escrow, Seller shall escrow an amount sufficient to assure cure of the Objection(s). Any amount so escrowed will be placed in an escrow with title pending such cure. If such escrow is established, the parties agree to execute and deliver such documents as may be reasonably required by Title, and Buyer agrees to pay the charges of Title to create and administer the escrow. 10.3.3 Waiver. Waive the Objections and proceed to close. 11. Operation Prior to Closing. During the period from the Effective Date to the Closing Date (the "Executory Period"), Seller shall operate and maintain the Real Property in the ordinary course of business in accordance with prudent, reasonable business standards, including the maintenance of adequate liability insurance and insurance against loss by fire, windstorm and other hazards, casualties and contingencies, including vandalism and malicious mischief However, Seller shall execute no contracts, leases or other agreements regarding the Real Property during the Executory Period that are not terminable on or before the Closing Date, without the written consent of Buyer, which consent may be withheld by Buyer in its sole discretion. 12. Representations and Warranties by Seller. Seller represents and warrants to Buyer as follows: 12.1 Authority. Seller has the requisite municipal power and authority to enter into and perform this Agreement and those Seller's Closing Documents signed by it. Such documents have been (or will have been) duly executed and delivered. Such execution, delivery and performance by Seller of such documents do not (and will not) conflict with or result, as applicable, in a violation of any judgment, order, or decree of any court or arbiter to which Seller is a party. Such documents are (and will be) valid and binding obligations of Seller, and are enforceable in accordance with their terms. 9 12.2 Title to Real Property. Seller owns the Real Property, free and clear of all encumbrances except the encumbrances identified on Exhibit B attached hereto. 12.3 Rights of Others to Purchase Real Property. Seller has not entered into any other contracts for the sale of the Real Property, nor are there any rights of first refusal or options to purchase the Real Property or any other rights of others that might prevent the consummation of this Agreement. 12.4 Seller's Defaults. Seller is not in default concerning any of its obligations or liabilities regarding the Real Property. 12.5 FIRPTA. Seller is not a "foreign person," "foreign partnership," "foreign trust" or "foreign estate" as those terms are defined in Section 1445 of the Internal Revenue Code. 12.6 Proceedings. There is no action, litigation, investigation, condemnation or proceeding of any kind pending or threatened against Seller or any portion of the Real Property. 12.7 Agents and Employees. No management agents or other personnel employed in connection with the operation of the Real Property have the right to continue such employment after the Closing Date. There are no claims for brokerage commission or other payments with respect to the existing Real Property, including leases which will survive and remain unpaid after the Date of Closing. 12.8 Seller has not, sold, transferred, conveyed, or entered in any agreement regarding "air rights", "excess floor area ratio" or other development rights or restrictions relating to the Real Property. 12.9 To the best of Seller's knowledge, there are no underground storage tanks, or abandoned wells upon the Real Property Seller will indemnify Buyer, its successors and assigns, against, and will hold Buyer, its successors and assigns, harmless from, any expenses or damages including reasonable attorneys' fees, that Buyer incurs because of the breach of any of the above representations and warranties, whether such breach is discovered before or after Closing. Each of the representations and warranties herein contained shall survive the Closing for a period of one year. Wherever herein a representation is made to the "knowledge" of Seller, such representation is limited to the knowledge of David Lindahl. Consummation of this Agreement by Buyer with knowledge of any breach of such representations and warranties by Seller will constitute a waiver or release by Buyer of any claims due to such breach. 10 13. As is Provision. Subject to Section 10 and except for representations, covenants and warranties expressly made by Seller in this Agreement and the closing documents, Buyer agrees that it is taking title to the Real Property "AS IS", "WHERE IS", and without any covenant (including environmental conditions), fitness for purpose or any other matter. With respect to all environmental matters the Buyer shall rely solely on its own investigation of the Real Property 14. Representations and Warranties by Buyer. Buyer represents and warrants to Seller as follows: 14.1 Authority. Buyer is a limited liability company duly organized under the laws of the State of Minnesota; that Buyer is duly qualified to transact business in the State of Minnesota; that Buyer has the requisite corporate power and authority to enter into this Agreement and the Buyer's Closing Documents signed by it; such documents have been duly authorized by all necessary corporate action on the part of Buyer and have been duly executed and delivered; that the execution, delivery and performance by Buyer of such documents do not conflict with or result in violation of state law or any judgment, order or decree of any court or arbiter to which Buyer is a party; such documents are valid and binding obligations of Buyer, and are enforceable in accordance with their terms. 14.2 Anti-Terrorism, Executive Order 13224 and Public Law 107-56. The Buyer is not in violation of any laws relating to terrorism or money laundering ("Anti-Terrorism Laws"), including Executive Order No. 13224 on Terrorist Financing, effective September 24, 2001 (the "Executive Order"), and the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Public Law 107-56. The Buyer or, to the knowledge of the Buyer, none of its agents acting or benefiting in any capacity in connection with the transaction, is any of the following: 14.2.1 Person or entity that is listed in the annex to, or is otherwise subject to the provisions of, the Executive Order; 14.2.2 Person or entity owned or controlled by, or acting for or on behalf of, any Person or entity that is listed in the annex to, or is otherwise subject to the provisions of, the Executive Order; 14.2.3 Person or entity with which Seller is prohibited from dealing or otherwise engaging in any transaction by any Anti-Terrorism Law; 14.2.4 Person or entity that commits, threatens or conspires to commit or supports "terrorism" as defined in the Executive Order; or 11 14.2.5 Person or entity that is named as a "specially designated national and blocked person" on the most current list published by the U.S. Treasury Department Office of Foreign Asset Control at its official website or any replacement website or other replacement official publication of such list. The Buyer or, to the knowledge of Buyer, any of its agents acting in any capacity in connection with the transaction does not (i) conduct any business or engage in making or receiving any contribution of funds, goods or services to or for the benefit of any Person described above, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to the Executive Order, or (iii) engages in or conspires to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in any Anti-Terrorism Law. Buyer will indemnify Seller, its successors and assigns, against, and will hold Seller, its successors and assigns, harmless from, any expenses or damages, including reasonable attorneys' fees, that Seller incurs because of the breach of any of the above representations and warranties, whether such breach is discovered before or after closing. Each of the representations and warranties herein contained shall survive the Closing for a period of one year. Consummation of this Agreement by Seller with knowledge of any breach of such warranties and representations by Buyer will constitute a waiver or release by Seller of any claims due to such breach. 15. Seller's Design Requirements. All exterior design of structures and buildings on the Real Property shall be subject to the prior written approval of the Seller (as a party to this Agreement and not as the municipality) before the Date of Closing. Compliance by Buyer with the City Code alone shall not be deemed to be in compliance with the terms of this Paragraph 15. Specifically, architectural exterior design of all buildings, building materials and colors, sidewalk placement, fences, walls or other structures, signage, lighting, bollards and landscaping shall be subject to review and approval by the Seller(the "Design Review"). Buyer shall initially develop the Real Property in accordance with the approved Design Review. Buyer and Seller shall also, prior to forty-five (45) days after the Effective Date agree on a form of restrictive covenant to be recorded at Closing containing design requirements applicable to the Real Property. The restrictive covenant shall provide that the restrictive covenant shall terminate and be of no further force and effect upon the sale by the Seller and its governmental third party successors and assigns of the Lot 2, Block 1, Dell Station to a non-governmental third party. 16. Condemnation. If, prior to the Closing Date, eminent domain proceedings are commenced against all or any part of the Real Property by any entity, Seller shall immediately give notice to Buyer of such fact and at Buyer's option (to be exercised within thirty (30) days after the date of Seller's notice), this Agreement shall terminate, in which event neither party will have further obligations under this Agreement, except for the rights and obligations of indemnification set forth in Sections 5, 17 and 18, and the Earnest Money, together with any accrued interest, shall be refunded to Buyer. If Buyer shall fail to give such notice then there 12 shall be no reduction in the Purchase Price, and Seller shall assign to Buyer at the Closing Date all of Seller's right, title and interest in and to any award made or to be made in the condemnation proceedings. Prior to the Closing Date, if the Agreement has not been terminated pursuant to the first sentence of this Section, Seller shall not designate counsel, appear in, or otherwise act with respect to such condemnation proceedings without Buyer's prior written consent. 17. Broker's Commission. Seller and Buyer represent and warrant to each other that they have dealt with no brokers, finders or the like in connection with this transaction. The parties agree to indemnify each other and to hold each other harmless against all claims, damages, costs or expenses of or for any other such fees or commissions resulting from their actions or agreements regarding the execution or performance of this Agreement, and will pay all costs of defending any action or lawsuit brought to recover any such fees or commissions incurred by the other party, including reasonable attorneys' fees. 18. Mutual Indemnification. Seller and Buyer agree to indemnify each other against, and hold each other harmless from, all liabilities (including reasonable attorney's fees in defending against claims) arising out of the ownership, operation or maintenance of the Real Property for their respective periods of ownership. Such rights of indemnification will not arise to the extent that (a) the party seeking indemnification actually receives insurance proceeds or other cash payments directly attributable to the liability in question, (net of the cost of collection, including reasonable attorney's fees) or (b) the claim for indemnification arises out of the act or neglect of the party seeking indemnification. If and to the extent that the indemnified party has insurance coverage, or the right to make claim against any third party for any amount to be indemnified against as set forth above, the indemnified party will, upon full performance by the indemnifying party of its indemnification obligations, assign such rights to the indemnifying party or, if such rights are not assignable, the indemnified party will diligently pursue such rights by appropriate legal action or proceeding and assign the recovery and/or right of recovery to the indemnifying party to the extent of the indemnification payment made by such party. 19. Assignment. Buyer may not assign its rights under this Agreement, without the prior written consent of the Seller which consent may be withheld in Seller's sole discretion, provided Buyer may assign this Agreement, without Seller's consent, to a wholly owned subsidiary incorporated or organized, and qualified to conduct business in Minnesota, to a lender to facilitate financing of the acquisition of the Real Property, or to a corporation, partnership or limited liability company qualified to conduct business in Minnesota if the majority of the shareholders, partners or members of said entity are members of the Buyer. Notwithstanding the foregoing, Buyer shall have the right, without Seller's consent to assign its rights in this Agreement to an entity which is the parent entity, subsidiary or affiliated entity of Buyer or which controls, is controlled by or is under common control with Buyer (where "control" means the direct or indirect power to direct the management and policies of such entity), and to any entity which results from the reconstruction, consolidation, amalgamation or merger of or affiliations with Buyer. 20. Survival. Except as stated in Section 14, all of the terms of this Agreement will survive and be enforceable for a period of one year after the Closing. 13 21. Notices. Any notice required or permitted to be given by any party upon the other is given in accordance with this Agreement if it is directed to Seller by delivering it personally to an officer of Seller, or if it is directed to Buyer, by delivering it personally to an officer of Buyer, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: If to Seller: Eden Prairie City Offices Attention: David Lindahl 8080 Mitchell Road Eden Prairie, MN 55344-2230 Facsimile: 612-949-8392 With a copy to: Richard F. Rosow Gregerson, Rosow, Johnson&Nilan, Ltd. 1600 Park Building 650 Third Avenue South Minneapolis, MN 55402-4337 Facsimile: 612-349-6718 If to Buyer: E.P. Dell Road NHA, LLC Attention: Randall Pederson 14831 Energy Way Apple Valley, MN 55124 With a copy to: Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit as aforesaid, provided, however, that if notice is given by deposit, that the time for response to any notice by the other party shall commence to run one business day after any such deposit. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 21. Captions. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement and are not to be considered in interpreting this Agreement. 22. Entire Agreement; Modification. This written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the Real Property. There are no verbal agreements that change this 14 Agreement and no waiver of any of its terms will be effective unless in writing executed by the parties. 23. Binding Effect. This Agreement binds and benefits the parties and their successors and assigns. 24. Controlling Law. This Agreement has been made under the laws of the State of Minnesota, and such laws will control its interpretation. 25. Remedies. If either Party defaults under this Agreement, the non-defaulting Party shall have the right to terminate this Agreement by giving written notice to the defaulting Party. If Buyer fails to cure such default within five (5) business days of the date of such notice from Bloomberg, Seller may cancel this Agreement pursuant to Minn. Stat. § 559.21. If Seller fails to cure such default within five (5) business days of the date of such notice from Buyer, Buyer may immediately terminate this Agreement by delivering to Seller at the address noted in Section 21 a Notice of Termination executed by an authorized representative(s) of Buyer at which time all Earnest Money and interest thereon, if any, shall be immediately returned to Buyer. The foregoing is the exclusive remedy for either Party. All other remedies, including damages for breach, equitable remedies, specific performance, and all other remedies at law or equity are waived and relinquished by each of the Parties. SIGNATURES ON SUCCEEDING PAGE 15 IN AGREEMENT, Seller and Buyer have executed this Agreement as of the date first written above. SELLER: CITY OF EDEN PRAIRIE By Date Signed: Nancy Tyra-Lukens Its Mayor By Date Signed: Rick Getschow Its City Manager BUYER: E.P. Dell Road NHA,LLC By Date Signed: Its 16 EXHIBIT A - Childcare Facility Drawing EXHIBIT B - Escrow Agreement EXHIBIT C' Encumbrances (Section 12.2) EXHIBIT D - Due Diligence Documents 17 EXHIBIT A 18 EXHIBIT B ESCROW AGREEMENT The undersigned Guaranty Title Company ("Title Company"), acknowledges receipt of$ $22,500(the "Earnest Money") to be held by it pursuant to the Purchase Agreement to which this Escrow Agreement is attached. Title Company will hold the Earnest Money (hereinafter the "Earnest Money") in accordance with the terms of the Purchase Agreement and disburse the same strictly in accordance with such terms. Title Company will invest the Earnest Money in such interest-bearing accounts, instruments, corporate paper, or money market funds as approved by both Buyer and Seller, Interest will accrue for the benefit of Buyer, unless the Purchase Agreement is terminated by reason of the default of Buyer, in which case the interest will be paid to Seller. Prior to the waiver or satisfaction of its contingencies, Buyer may direct the Title Company to return the Earnest Money to it if Buyer is entitled to terminate and elects to terminate the Purchase Agreement unless the Seller has terminated this Agreement under Paragraph 4.C. hereof. Title Company is not responsible for any decision concerning performance or effectiveness of the Purchase Agreement or for resolution of any disputes concerning the Purchase Agreement. Title Company is responsible only to act in accordance with the joint and mutual direction of both Seller and Buyer, or in lieu thereof, the direction of a court of competent jurisdiction except as to Buyer's right to direct the return of the Earnest Money in accordance with the Purchase Agreement. Seller and Buyer will hold Title Company harmless from all claims for damages arising out of this Escrow Agreement and do hereby agree to indemnify Title Company for all costs and expenses in connection with this escrow, including court costs and attorneys' fees, except for Title Company's failure to account for the funds held hereunder, or acting in conflict with the terms hereof. The fees and charges of the Title Company will be paid by Seller. This Escrow Agreement is dated this day of , 2011. Guaranty Title Company By Its 19 EXHIBIT C ENCUMBRANCES 1. Easements shown on the plat of Dell Station . 2. Federal, state and municipal laws, ordinances, rules and regulations. 3. Utility and drainage easement(s), if any, as shown on the recorded plat. 4. Easement for sanitary sewer purposes in favor of the Metropolitan Waste Control Commission as contained in Document No. 5488547. 5. Encroachment of Linwood Court and Dell Road onto the property in question. 6. Underground electric and cable television lines which cross the property in question without the benefit of easements. 7. The lien of real estate taxes and pending special assessment not yet due and payable subject to the proration and allocation provisions hereof 20 EXHIBIT D DUE DILIGENCE DOCUMENTS a.A copy of any survey of the Real Property in Seller's possession. b.A copy of any study of the Real Property in Seller's possession. c. A copy of any engineering plans or engineering reports in Seller's possession relating to the Real Property. P:\home\1610.575-E.P.Dell Road NHA,LLC-Purchase Agreement\Documents\Drafts\2011 09 15 PA Agreement.doc 21 / • ekic,-.07/04 7 ...... ‘,........., • ,... , 8 r y'�'S, ' / S4' • / ,.. . co vim. z .mat !. , t ham; /O/ iiiir iryle alial • ant , N MIA � M/IIIA��Ii/Imai 174111 v ":\ ills: •a LAIIIIL t 2.� s!& .\ >I 41'i iiiH'.. - ' -.7- ------'‘ . i,..., iV«.. Q�z‘5p LAti rbe . m 41�+ L�IG�® ltwi 6a'Nr' ',..- .:-.-4:::. r. :. Ry LAU R f create*solve*advise CITY COUNCIL AGENDA DATE: SECTION: Report of the Community Development Director September 20, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.C.2. Janet Jeremiah, Community Recommendations for funding Social Services Development Director Providers for 2012/2013 Patricia Fenrick, Community Services Coordinator Requested Action Move to: Approve funding recommendations made by the Human Services Review Committee for social service providers for 2012 and 2013. Background The Human Services Review Committee comprised of staff from Police, Fire, Park&Rec, Community Services and Community Development made the funding recommendations listed below based on the review of written proposals,presentations,past performance by social service providers, and budget direction from the City Council. 2008-2009 2010-2011 2012-2013 2012-2013 Agency Program Funding Funding Request Recommendation PROP $60,000 $62,000 $66,000 $62,000 Teens Alone $26,000 $27,000 $26,000 $26,000 Storefront $20,000 $20,000 $20,000 $0 Family& Children's Services $16,200 $0 $0 $0 YMCA 4- $50,000 $50,000 $50,000 $50,000 Meals on Wheels $12,000 $20,000 $18,800 $18,800 Senior Community Services $57,960 $60,000 $61,800 $60,000 HSSC $51,127 $53,000 $49,262 $49,262 Family Center Plus $28,000 $28,000 $30,000 $28,000 New American Academy*+ $26,000 $10,000 SouthWest Transit* $24,000 $4,800 Homeline** $10,364 $10,000 Emerging Needs $1,138 Total $321,287 $320,000 $382,226 $320,000 *New program funded this year. ** Homeline was previously funded through CDBG. Procedural changes ruled them not in compliance with HUD income certification requirements. ¢ The following conditions were placed on these awards: YMCA Conditions: Keep activity dollars in the Eden Prairie community. Partner with local agencies, businesses and service providers. Focus field trips on local EP venues that provide children with an enriched community experience that can lead to future connections. New American Academy Conditions: Must file with the Attorney General to receive charitable funds in MN. Grant money is designated for rent. City requests monthly financials prepared by an accountant. MEMORANDUM TO: Rick Getschow, City Manager FROM: Scott A. Kipp, Senior Planner DATE: September 20,2011 SUBJECT: Flying Cloud Airport Advisory Commission meeting on Helicopter Noise CONCERN Over the past several months a significant number of resident complaints have been raised about helicopter operations occurring over residential property. At the request of Chairman Jeff Larsen,the Flying Cloud Airport Advisory Commission focused on these noise concerns from a number of neighborhood residents. The Commission also invited a neighborhood resident who has logged significant noise complaints over the years. Resident concerns focus on repetitive helicopter operations; operations outside of the designated practice areas; and lower altitudes. In addition,the residents would like to see these operations shared at the other airports in the system. HELICOPTER PRACTICE AREA The helicopter practice area includes four flight paths; west,north and south of the airport. Certain factors determine the flight path that is to be used. The control tower's number one concern is keeping aircraft apart from each other and safety. It appears that helicopter training activity is taking place outside of the designated area and over residential property. NOISE COMPLAINTS The City receives noise complaint reports every other month from MAC. The Flying Cloud Airport Advisory Commission reviews these reports to determine noise trends and how they can change those trends, and to determine if there is something they can do as a Commission to limit noise at Flying Cloud. Recent Helicopter Complaints The May-June 2011 -38 The July-Aug 2011 - 136 The July-Aug 2010 - 340 SOLUTIONS MAC staff will be meeting with the FAA to seek some solutions that operators will meet to discuss. FLYING CLOUD AIRPORT ADVISORY COMMISSION -HELICOPTER NOISE September 20,2011 Page 2 Chairman Larsen has asked for a report at the Commission's November meeting with additional information on the Letter of Agreement relating to helicopter training procedures. Larsen said they need to investigate why the pilots are not following the Letter of Agreement. MAC staff will come back to this Commission on November 10 to provide them with a report and will ask the residents to attend.