HomeMy WebLinkAboutCity Council - 03/06/2012 AGENDA
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, MARCH 6, 2012 CITY CENTER
5:00—6:25 PM, HERITAGE ROOMS
6:30—7:00 PM, COUNCIL CHAMBER
CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher
Wickstrom, Kathy Nelson, and Ron Case
CITY STAFF: City Manager Rick Getschow, Police Chief Rob Reynolds, Fire Chief George
Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah,
Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City
Attorney Ric Rosow, and Recorder Lorene McWaters
Workshop-Heritage Room II
I. 20-40-15 PROGRAM
Open Podium - Council Chamber
II. OPEN PODIUM
III. ADJOURNMENT
AGENDA
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, MARCH 6, 2012 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher
Wickstrom, Kathy Nelson, and Ron Case
CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, City Planner
Michael Franzen, Community Development Director Janet Jeremiah, Parks and Recreation
Director Jay Lotthammer, City Attorney Ric Rosow and Council Recorder Jan Curielli
I. CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE/COLOR GUARD
III. COUNCIL FORUM INVITATION
IV. PROCLAMATIONS/PRESENTATIONS
A. PROPOSED FRANCHISE FEE ORDINANCE
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 21, 2012
B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 21, 2012
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. AWARD CONTRACT FOR 2012 STREET SWEEPING TO PEARSON
BROTHERS, INC.
C. APPROVE CONTRACT FOR PROFESSIONAL SERVICES WITH HTPO
FOR RILEY LAKE ROAD TRAIL EXTENSION PROJECT
D. APPROVE CHANGE ORDER NO. 1 FOR VALLEY VIEW ROAD/
PRAIRIE CENTER DRIVE INTERSECTION IMPROVEMENT PROJECT
CITY COUNCIL AGENDA
March 6, 2012
Page 2
IX. PUBLIC HEARINGS/MEETINGS
A. JURIS ADDITION by Rehder&Associates. Request for: Planned Unit Development
Concept Review on 14.16 acres, Planned Unit Development District Review with
waivers and Zoning District Amendment in the C-Reg-Ser Zoning District on 14.16
acres, and Preliminary Plat of 14.16 acres into 2 lots and road right of way. Location:
127900 Plaza Drive. (Resolution for PUD Concept Review; Resolution for
Preliminary Plat)
B. VACATION OF DRAINAGE AND UTILITY EASEMENTS DEDICATED IN
EDEN PRAIRIE FORD, LYING WITHIN MENARD 7TH ADDITION
(Resolution)
C. RESOLUTION APPROVING THE USE OF 2012 CDBG FUNDS
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
A. UNITED HEALTH GROUP by United Health Group. Second Reading of the
Ordinance for Planned Unit Development District Review with waivers on 68
acres and Zoning District Change from Rural to Office on 68 acres ; Resolution
for Site Plan Review on 68 acres. Location: Hwy 62 & Shady Oak Road. (2"d
Reading of Ordinance for PUD District Review with waivers and Zoning
District Change; Resolution for Site Plan Review)
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
A. COMMISSIONS
B. BOARD OF APPEAL AND EQUALIZATION
C. CHAIRS AND VICE CHAIRS OF COMMISSIONS
D. CHAIR AND VICE CHAIR OF BOARD OF APPEAL & EQUALIZATION
E. SOUTHWEST LRT COMMUNITY ADVISORY COMMITTEE
APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
CITY COUNCIL AGENDA
March 6, 2012
Page 3
1. Adopt Resolution Authorizing_Hennepin Youth Sports Grant
Program Submission for Miller Park Field Lighting Project
2. Adopt Resolution Authorizing Hennepin Youth Sports Grant
Program Submission for Franlo Park Ball Field Improvement Protect
3. Adopt Resolution Authorizing Hennepin Youth Sports Grant
Program Submission for Staring Lake Park Cummins Grill Ball Field
Improvement Project
4. Aquatic Invasive Species Update
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. CLOSED SESSION FOR CITY MANAGER'S PERFORMANCE REVEIW
XVII. ADJOURNMENT
REVISED
ANNOTATED AGENDA
DATE: March 2, 2012
TO: Mayor and City Council
FROM: Rick Getschow, City Manager
RE: City Council Meeting for Tuesday, March 6, 2012
TUESDAY,MARCH 6, 2012 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. PROPOSED FRANCHISE FEE ORDINANCE
Public Works Director Robert Ellis will give a presentation on the
proposed ordinance.
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, FEBRUARY 21, 2012
B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 21, 2012
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII. CONSENT CALENDAR
MOTION: Move approval of items A-D on the Consent Calendar.
ANNOTATED AGENDA
March 6,2012
Page 2
A. CLERK'S LICENSE LIST
B. AWARD CONTRACT FOR 2012 STREET SWEEPING TO PEARSON
BROTHERS, INC.
C. APPROVE CONTRACT FOR PROFESSIONAL SERVICES WITH HTPO
FOR RILEY LAKE ROAD TRAIL EXTENSION PROJECT
D. APPROVE CHANGE ORDER NO. 1 FOR VALLEY VIEW ROAD/PRAIRIE
CENTER DRIVE INTERSECTION IMPROVEMENT PROJECT
IX. PUBLIC HEARINGS/MEETINGS
A. JURIS ADDITION by Rehder&Associates. Request for: Planned Unit Development
Concept Review on 14.16 acres, Planned Unit Development District Review with waivers
and Zoning District Amendment in the C-Reg-Ser Zoning District on 14.16 acres, and
Preliminary Plat of 14.16 acres into 2 lots and road right of way. Location: 127900 Plaza
Drive. (Resolution for PUD Concept Review; Resolution for Preliminary Plat)
Official notice of this public hearing was published in the February 23, 2012,Eden
Prairie News and sent to 16 property owners.
Synopsis: This project is a Preliminary Plat of two lots for the existing Metropolitan
Ford site. The lots meet city code for size, dimension, and floor ratio for the existing
buildings.
The project requires the following PUD waivers:
• Parking setback from 10—0 feet. This is an existing condition.
• Wetland structure setback from 15 to 5 feet.
• Wetland buffer width from 10 to 3 feet
The property was developed before the city adopted wetland requirements. The
wetland setbacks are existing conditions. The 120-Day Review Period Expires on
May 25, 2012. The Planning Commission voted 8-0 to recommend approval of the
project at the February 13, 2012 meeting.
MOTION: Move to: T
• Close the Public Hearing; and
• Adopt the Resolution for Planned Unit Development Concept Review
on 14.16 acres; and
• Approve 1st Reading of the Ordinance for Planned Unit Development
District Review with waivers and Zoning District Amendment within
the Commercial Regional Service Zoning District on 14.16 acres; and
• Adopt the Resolution for Preliminary Plat on 14.16 acres into 2 lots
and right of way; and
• Direct Staff to prepare a Development Agreement incorporating Staff
and Commission recommendations and Council conditions.
ANNOTATED AGENDA
March 6,2012
Page 3
B. VACATION OF DRAINAGE AND UTILITY EASEMENTS DEDICATED
IN EDEN PRAIRIE FORD, LYING WITHIN MENARD 7TH ADDITION
(RESOLUTION)
Official notice of this public hearing was published in the February 16, 2012,Eden
Prairie News and sent to 9 property owners.
Synopsis: The Property Owners have requested the vacation of drainage and utility
easements dedicated in the plat of Eden Prairie Ford as well as other drainage and
utility easements affecting the plat of Eden Prairie Ford in order to facilitate the plat
of Juris Addition.
The drainage and utility easements to be vacated all fall within currently platted Lot
1, Block 1, Eden Prairie Ford. The drainage and utility easements were originally
dedicated over parts of Outlots A and B, Menard Addition on Document 1595590;
over Lots 2 and 3, Block 1, Menard 7th Addition by plat; over Lot 1, Block 1, Eden
Prairie Ford on Document 3033585 and over Lot 1, Block 1, Eden Prairie Ford by
plat. The property owners would like all these underlying easements vacated and
will dedicate all new drainage and utility easements with the plat of Juris Addition.
The release of the Resolution vacating the drainage and utility easements shall be
conditioned on the recording of the plat of Juris Addition.
MOTION: Move to:
• Close the public hearing; and
• Adopt the resolution vacating drainage and utility easements dedicated
in Eden Prairie Ford, lying within Menard 7th Addition, on Document
1595590 and on Document 3033585, all in Hennepin County,
Minnesota.
C. RESOLUTION APPROVING THE USE OF 2012 CDBG FUNDS
Official notice of this public hearing was published in the February 2, 2012,Eden
Prairie News.
Synopsis: The 2012 CDBG allocation is $243,436. The regulations stipulate that
public service funding may not exceed 15 percent of the City's total allocation
($243,436),plus 15 percent of the previous year's program income ($104,908).
The Human Services Review Committee reviewed the 2012 CDBG proposals and
recommended the following activities be funded.
ANNOTATED AGENDA
March 6,2012
Page 4
# Human Services Activity Funding Level County %of
Priority Allocation
1 PROP Housing Support Services $25,000 High 10%
2 YMCA(Child Care Subsidy) $6,667 High 3%
3 Independent School District 272(Child Care) $3,333 High 1%
4 HOME (Household & Outside Maintenance for the $9,000 High 4%
Elderly) _
5 CAPSH(Emergency Vehicle Repair) $8,000 High 3%
Subtotal $52,000
Housing Activities Funding Level _County Priority
6 Housing Rehabilitation Deferred Loan Program I $164,659 High 68%
7 Fair Housing Initiative $2,434 High 1%
8 Program Administration _ $24,343 High 10%
Grand Total $243,436
The discussion of how to distribute the 2012 CDBG funds through the Human Services
Review Committee included a complete review of all "Request for Funding"
applications and the distribution percentage of funds in 2011. The Committee's goals
were to have the best and highest use of these funds for human services that
demonstrated the most direct benefit to the community.
MOTION: Move to:
• Close the Public Hearing; and
• Adopt Resolution approving the use of 2012 CDBG funds as
recommended by the Eden Prairie Human Services Committee.
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
A. UNITED HEALTH GROUP by United Health Group. Second Reading of
the Ordinance for Planned Unit Development District Review with waivers on
68 acres and Zoning District Change from Rural to Office on 68 acres ;
Resolution for Site Plan Review on 68 acres. Location: Hwy 62 & Shady Oak
Road. (2°d Reading of Ordinance for PUD District Review with waivers
and Zoning District Change; Resolution for Site Plan Review)
Synopsis: This is final approval of a plan for 1,481,700 square feet of office.
The landscape plans have been revised as follows:
1. Additional trees have been added to meet city code for tree placement.
2. Decorative plantings have been added to the plan adjacent to the proposed
entrance monument signs.
The 120-Day Review Period Expires on March 7, 2012.
ANNOTATED AGENDA
March 6, 2012
Page 5
MOTION: Move to:
• Approve 2nd Reading of the Ordinance for Planned Unit
Development District Review and Zoning District Change
from Rural to Office on 68 acres; and
• Adopt Resolution for Site Plan Review on 68 acres; and
• Approve the Development Agreement for United Health
Group 2012.
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
A. COMMISSIONS
Synopsis: The City Council hosted Commission interviews on Tuesday, February 28,
2012. Overall, there were 18 applicants (11 new applicants and 7 reapplicants). All
terms of appointment are scheduled to begin on April 1, 2012. A required City
Commission Orientation session will be held on Thursday, March 22, 2012, for all
new and re-appointed Commission members in advance of the April 1 start date for
Commission terms.
MOTION: Move to:
• Appoint to the Conservation Commission Stacy Bettison and Sue
Brown to terms ending March 31, 2015; and
• Appoint to the Flying Cloud Airport Advisory Commission Jeffrey
Larsen and Benjamin McQuillan as Business Representatives and
Joseph Sutila as a Community Representative with terms ending
March 31, 2015; and
• Appoint to the Heritage Preservation Commission Steven Olson and
JoAnn McGuire with terms ending March 31, 2015; and
• Appoint to the Human Rights & Diversity Commission Hans Gustafson
and Laura Kaczmarek with terms ending March 31, 2015; and
• Appoint to the Parks, Recreation and Natural Resources Commission
Cynthia Paulson with a term ending March 31, 2014 and Hutch
Coburn, Derek Gunderson and (Matthew Kraft or
Leonard Pesheck) with terms ending March 31, 2015; and
• Appoint to the Planning Commission Jerry Pitzrick with a term ending
March 31, 2013 and Travis Wuttke, Jacob Lee and Steven Frank with
terms ending March 31, 2015
ANNOTATED AGENDA
March 6,2012
Page 6
B. BOARD OF APPEAL AND EQUALIZATION
Synopsis: The proposed members for Council approval are experienced real estate
professionals with extensive knowledge of the Southwest metro area.
Jim Johnson of The Realty House is involved in the sale of single family properties
in the southwest metro.
Lyndon Moquist of Edina Realty is involved in the sale of single family properties
in the southwest metro.
Annette O'Connor of Coldwell Banker Burnet Realty is involved in the sale of
single family properties in the southwest metro area.
Patricia Pidcock of Edina Realty is involved in the sale of single family properties
in the southwest metro area and a former member of the City of Eden Prairie City
Council.
Todd Walker is a realtor with Coldwell Banker-Burnett. This is his first year on
the Board of Appeal and Equalization
From 1992 through 2011, the City has appointed a special Board of Appeal and
Equalization (also formerly named the Board of Review). The members are citizen
volunteers that are active and knowledgeable, with extensive experience in the real
estate market. The members are recruited by the City Manager and City Assessor and
appointed annually with confirmation by the City Council. The City pays the
members a per diem payment of$50 for all required training sessions and Board
meetings. In 2003, the Minnesota legislature passed a law requiring members of local
Boards of Appeal and Equalization to attend a training session, developed by the
Minnesota Department of Revenue, at least once every four years. All of the
appointees were trained by the Minnesota Department of Revenue staff on March 25,
2009 and their training expires on November 30, 2012.
MOTION: Move to appoint to the Board of Appeal and Equalization Jim
Johnson, Lyndon Moquist, Annette O'Connor, Patricia Pidcock and Todd
Walker for the period of April 1, 2012 through May 31, 2012, or until the
Board of Appeal and Equalization completes its work.
C. CHAIRS AND VICE CHAIRS OF COMMISSIONS
Synopsis: Chairs and Vice Chairs are appointed annually by the City Council
following the appointment of members to City Commissions. The City Council
hosted Commission interviews on Tuesday, February 28, 2012, and determined
Chair and Vice Chair assignments for the period of April 1, 2012, through March
31, 2013.
ANNOTATED AGENDA
March 6,2012
Page 7
MOTION: Move to:
• Appoint Laura Jester - Chair and Greg Olson - Vice Chair of the
Conservation Commission; and
• Appoint Jeff Larsen - Chair and Keith Tschohl - Vice Chair of the
Flying Cloud Airport Advisory Commission; and
• Appoint Ed Muehlberg - Chair and Cindy Evert - Vice Chair of the
Heritage Preservation Commission; and
• Appoint Pam Spera - Chair and Robert Rozanski - Vice Chair of the
Human Rights and Diversity Commission; and
• Appoint Geri Napuck - Chair and Hutch Coburn - Vice Chair of the
Parks, Recreation and Natural Resources Commission; and
• Appoint Jon Stoltz - Chair and Matt Fyten - Vice Chair of the Planning
Commission.
D. CHAIR AND VICE CHAIR OF BOARD OF APPEAL & EQUALIZATION
Synopsis: Chairs and Vice-Chairs are appointed annually by the City Council
following the appointment of members to City Boards and Commissions. City Code
Section 2.22, Subd. 5 Officers states, "the Council shall in March each year choose a
chairperson and vice-chairperson for a Board or Commission to serve for a period of
one year." To be eligible for consideration, City Code states, "a chairperson must
have served one year on the Board or Commission before becoming eligible for
appointment as a chairperson."
MOTION: Move to appoint Patricia Pidcock— Chair and Lyndon Moquist
—Vice-Chair of the Board of Appeal and Equalization.
E. SOUTHWEST LRT COMMUNITY ADVISORY COMMITTEE
APPOINTMENTS
Synopsis: The Metropolitan Council and Hennepin County are requesting that the
City reconfirm or appoint new members to the Southwest LRT Community Advisory
Committee (CAC) for one year terms. According to the Charter, "The purpose of the
CAC is to serve as a voice for the community and advise the Southwest LRT Corridor
Management Committee and the Southwest LRT Community Works Steering
Committee during the planning and implementation phases of the light rail line and
beyond." Appointments will be requested annually.
ANNOTATED AGENDA
March 6,2012
Page 8
MOTION: Motion to appoint the following members and alternates to
the Southwest LRT Community Advisory Committee (CAC) for one year
terms:
Primary Alternate
1. Planning Commission Matt Fyten Jerry Pitzrick
2. Parks & Rec. Commission Derek Gunderson Hutch Coburn
3. Conservation Commission Anthony Pini Laura Jester
4. At Large Resident Travis Wuttke Sue Brown
5. Business Resident (SuperValu) Patrick Bernal TBD
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
1. Adopt Resolution Authorizing Hennepin Youth Sports Grant Program
Submission for Miller Park Field Lighting Project
Synopsis: Hennepin County is seeking local government units (LGU)
interested in developing facilities for amateur sports or recreation. Legislation
authorizing the building of the new Twins stadium allows Hennepin County to
grant up to $2 million dollars each grant cycle to Hennepin County
communities to assist with developing these facilities. These grants will be
made through the Hennepin Youth Sports Program.
Beginning with the initial design of Miller Park in 1987, the long range plan
has always been to light all of the soccer/football fields. Over the years the
pressure to accommodate the increasing number of travel team games has
grown steadily since the Miller Park fields were constructed in 1992. These
full sized soccer/football fields are used from May to October and lighting
them would allow for greater flexibility in how the fields are scheduled and
used. The staff believes that the best way to accomplish this is to leverage the
Capital Improvement Program funds that have been budgeted with matching
funds from a Hennepin County Youth Sports Grant.
In order to apply for the grant it must submitted by a local government
organization and a council resolution authorizing the submission of the grant
application is required. City of Eden Prairie staff would complete the
application and oversee the construction if the award is successful. The
estimated cost of the project is $280,000.
ANNOTATED AGENDA
March 6,2012
Page 9
MOTION: Move to adopt resolution authorizing staff to submit a
grant request to the Hennepin Youth Sports Grant Program for
Miller Park soccer/football field improvements.
2. Adopt Resolution Authorizing Hennepin Youth Sports Grant Program
Submission for Franlo Park Ball Field Improvement Project
Synopsis: Hennepin County is seeking local government units (LGU)
interested in developing facilities for amateur sports or recreation. Legislation
authorizing the building of the new Twins stadium allows Hennepin County to
grant up to $2 million dollars each grant cycle to Hennepin County
communities to assist with developing these facilities. These grants will be
made through the Hennepin Youth Sports Program.
City of Eden Prairie staff approached local athletic associations to make them
aware of the grant opportunity. The Eden Prairie Baseball Association has
responded with interest in pursuing an application to install covered players
benches and batting cage at Franlo Park. The association has agreed to
provide matching funds and assist City of Eden Prairie staff with the
application process.
The grant must be submitted by a local government organization and a council
resolution authorizing the submission of the grant application is required. City
of Eden Prairie staff would complete the application and oversee the
construction if the award is successful. The estimated cost of the project is
$38,000. No City of Eden Prairie funds are being proposed for this project. All
funding would be from the baseball association and grant money from
Hennepin County.
MOTION: Move to adopt resolution authorizing staff to submit a
grant request to the Hennepin Youth Sports Grant Program for
Franlo Park baseball field improvements.
3. Adopt Resolution Authorizing Hennepin Youth Sports Grant Program
Submission for Staring Lake Park Cummins Grill Ball Field
Improvement Project
Synopsis: Hennepin County is seeking local government units (LGU)
interested in developing facilities for amateur sports or recreation. Legislation
authorizing the building of the new Twins stadium allows Hennepin County to
grant up to $2 million dollars each grant cycle to Hennepin County
communities to assist with developing these facilities. These grants will be
made through the Hennepin Youth Sports Program.
City of Eden Prairie staff approached local athletic associations to make them
aware of the grant opportunity. The Eden Prairie Baseball Association has
responded with interest in pursuing an application to install covered players
ANNOTATED AGENDA
March 6, 2012
Page 10
benches at Staring Lake Park- Cummins Grill Ballfield. The association has
agreed to provide matching funds and assist City of Eden Prairie staff with the
application process.
The grant must be submitted by a local government organization and a council
resolution authorizing the submission of the grant application is required. City
of Eden Prairie staff would complete the application and oversee the
construction if the award is successful. The estimated cost of the project is
$43,000. No City of Eden Prairie funds are being proposed for this project. All
funding would be from the baseball association and grant money from
Hennepin County.
MOTION: Move to adopt resolution authorizing staff to submit a
grant request to the Hennepin Youth Sports Grant Program for
Staring Lake - Cummins Grill baseball field improvements.
4. Aquatic Invasive Species Update
Parks & Recreation Director Jay Lotthammer will give a
presentation on Aquatic Invasive Species.
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. CLOSED SESSION FOR CITY MANAGER'S PERFORMANCE REVEIW
XVII. ADJOURNMENT
MOTION: Move to adjourn the City Council meeting.
ITEM NO.: VI.A.
UNAPPROVED MINUTES
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, FEBRUARY 21, 2012 CITY CENTER
5:00—6:25 PM, HERITAGE ROOMS
6:30—7:00 PM, COUNCIL CHAMBER
CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher
Wickstrom, Kathy Nelson, and Ron Case
CITY STAFF: City Manager Rick Getschow, Police Chief Rob Reynolds, Fire Chief George
Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah,
Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City
Attorney Ric Rosow, and Recorder Lorene McWaters
Workshop-Heritage Room II(5:30 p.m.)
I. GTA REDEVELOPMENT
A. Humphrey Institute Student Projects
Economic Development Manager David Lindahl introduced Matt Fyten, one of
three students who completed a capstone project for a master's degree program at
the University of Minnesota Humphrey Institute. Fyten made a PowerPoint
presentation that summarizes the report.
The project involved creation of a plan for future development at the proposed
GTA LRT station site. The objective of the project was to provide a sustainable
land use plan for the site, much of which is owned by Liberty Property Trust. The
report broke the recommendations into three sustainability systems: 1)
Community, Equity and Prosperity, 2) Connectivity, and 3)Natural Resources.
The report includes suggestions on developing an environment that is visually
appealing, encourages community interaction and provides a mix of residential
and commercial spaces. The report also explores ways in which location of an
LRT station in the GTA can help transform an auto-reliant area into one that
includes pedestrians, bicycles and public transit. Suggested natural resource
enhancements include designing hydrology to reduce stormwater runoff,
expansion of green space and vegetation throughout the development and
reduction of energy impacts through a variety of design and construction methods.
B. Global Green Project
Planner Regina Rojas gave an update on the Global Green project. Rojas said the
City applied for a Global Green grant for Golden Triangle neighborhood design in
November 2011. In December, the City was notified we would be receiving the
grant. The program involves a three-day site visit by four sustainability experts
who will hold open houses, interview stake holders, and review the comp plan
CITY COUNCIL WORKHOP MINUTES
February 21, 2012
Page 2
and zoning codes. All of this information will be gathered in a technical
document that will provide recommendations on policy changes tied into LEED-
certified principals. Rojas said the site visit has not yet been scheduled, but will
probably take place in late September or early October.
II. SW LRT COMMUNITY ADVISORY COMMITTEE APPOINTMENTS AND
BUSINESS ADVISORY COMMITTEE RECOMMENDATIONS
Community Development Director Janet Jeremiah briefed the City Council on upcoming
appointments for the SW LRT advisory committees. The original Citizens Advisory
Committee was appointed in 2008 and included both citizens and businesses. The
committees are being split into separate business (BAC) and citizen groups (CAC). The
Met Council will appoint the BAC members, but are open to input from the City. The
CAC appointments will be made based on recommendations of the City Council.
Jeremiah said the Eden Prairie Chamber of Commerce will be a member of the BAC.
Jeremiah said staff recommends including the following on the CAC:
• A Planning Commission member
• A Conservation Commission member
• A Park, Recreation&Natural Resources Commission member
• An at-large representative who is a transit rider
• A resident of Southwest Condos
Jeremiah said the City Council will need to decide if they want to recommend any at-
large business members. The group is expected to meet once a month on Thursday
evening. Council Member Nelson said she would like to ensure that the citizen
representatives actually live in Eden Prairie, and that there is a good mix of young
families and retired people, etc. Mayor Tyra-Lukens suggested communicating the
openings on the City's website and Facebook pages.
III. BUDGET ADVISORY COMMISSION WORK PLAN
City Manager Rick Getschow and Finance Manager Sue Kotchevar have identified two
areas the Budget Advisory Commission could study:
• City Center Building Possibilities
• City Council Compensation
The City Council members agreed that these would be good topics for the Budget
Advisory Commission to study and report back on.
IV. PROPOSED FRANCHISE FEE ORDINANCE
Public Works Director Robert Ellis reviewed the proposed franchise fee structure. He
recommends going with$2.50 for gas and$2.50 for electric. Staff expects the income
from the proposed franchise fees to be adequate for now, and feel that the rates can be
revisited in a few years if necessary. Council Member Aho suggested holding public
forum to inform the residents about the proposed fees.
CITY COUNCIL WORKHOP MINUTES
February 21, 2012
Page 3
Mayor Tyra-Lukens reminded the Council Members that the Goal Setting Session is set
for April 10.
Open Podium - Council Chamber(6:30 p.m.)
III. OPEN PODIUM
A. Jan Mosman—Cummins-Phipps-Grill House Thank You
Mosman read a letter that outlines all of the work the Historical Society and the
City have done on the Cummins-Phipps Grill House.
IV. ADJOURNMENT
ITEM NO.: VI.B.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY,FEBRUARY 21, 2012 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher
Wickstrom, Ron Case, and Kathy Nelson
CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community
Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City
Attorney Ric Rosow and Council Recorder Jan Curielli
I. ROLL CALL/CALL THE MEETING TO ORDER
Mayor Tyra-Lukens called the meeting to order at 7:00 PM. All Council Members were
present.
II. COLOR GUARD/PLEDGE OF ALLEGIANCE
Mayor Tyra-Lukens thanked Webelos Pack 597, sponsored by St. Andrews Lutheran
Church, for presenting the colors this evening.
III. OPEN PODIUM INVITATION
IV. PROCLAMATIONS/PRESENTATIONS
A. EDEN PRAIRIE READS UPDATE
Rebecca Timmins, Chair of the Eden Prairie Reads Committee, gave an update of
the Eden Prairie Reads program. She reviewed the objectives of the program and
noted the book chosen for this year's City-wide read is The Hunger Games. On
March 19 at the International School of Minnesota, the group will host an event
that will include a simulation game and a panel discussion.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Case added Item XIV.A.1.
MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve the agenda as
amended. Motion carried 5-0.
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY,JANUARY 17, 2011
MOTION: Case moved, seconded by Aho, to approve the minutes of the Council
workshop held Tuesday, January 17, 2012 as published. Motion carried 5-0.
CITY COUNCIL MINUTES
February 21,2012
Page 2
B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 17, 2011
MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the minutes of
the City Council meeting held Tuesday, January 17, 2012 as published. Motion
carried 5-0.
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. APPROVE 2012 EQUIPMENT REPLACEMENT FUND SCHEDULE
C. AWARD CONTRACT FOR WATER TREATMENT FACILITY PROCESS
AND CONTROLS PHASE II IMPROVEMENTS PROJECT TO RICE LAKE
CONSTRUCTION GROUP
D. APPROVE CONTRACT WITH E.H. RENNER& SON TO UPGRADE
MUNICIPAL WELL NO. 3
E. APPROVE PURCHASE AND IMPLEMENTATION OF SIRE
TECHNOLOGIES' ACTIVE REVIEW MODULE
F. APPROVE FINANCING OF 98 SETS OF TURN-OUT GEAR AND
CLEANING SERVICE THROUGH A FIVE YEAR LEASE
G. RECEIVE THE 2011 LGPEA PAY EQUITY REPORT AND APPROVE
SUBMITTAL OF REPORT TO THE STATE
H. DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS AND
AUTHORIZE THE CITY MANAGER TO DISPOSE OF PROPERTY
Regarding Item E, Rosow noted they are still working on the exact language of the
contract, but staff would like the Council to proceed with approval.
MOTION: Case moved, seconded by Aho, to approve Items A-Hon the Consent
Calendar. Motion carried 5-0.
IX. PUBLIC HEARINGS/MEETINGS
A. AGREEMENT BETWEEN THE CITY AND ROSEMOUNT FOR DEED'S
MINNESOTA INVESTMENT FUND LOAN
Getschow said there has been a lot of discussion recently about the $24,000,000
investment in the community Rosemount-Emerson is making to renovate their
facilities. With Rosemount's assistance staff was able to work with the State of
CITY COUNCIL MINUTES
February 21,2012
Page 3
Minnesota Department of Employment and Development(DEED) to receive a
$500,000 grant for this project. State statutes require a business subsidy public
hearing and a Council motion to approve the grant whenever there is a subsidy
provided to a business. He said official notice of the public hearing was published
in the February 9, 2012,Eden Prairie News. Agreeing to the terms of the grant
also requires that Rosemount create a minimum of 100 jobs at the facility at a wage
of at least $13.00 per hour.
There were no comments from the audience.
MOTION: Case moved, seconded by Nelson, to close the public hearing and to
approve agreement between the City and Rosemount, Inc. outlining terms and
requirements of a $500,000 forgivable loan(grant)to be provided to Rosemount
from DEED's Minnesota Investment Fund(MIF). Motion carried 5-0.
B. REPUBLIC COMPRESSED NATURAL GAS FUELING FACILITY by
Clean Energy. Request for: Planned Unit Development Concept Review on 24.32
acres, Planned Unit Development District Review on 24.32 acres, Zoning District
Amendment within the I-2 Zoning District on 24.32 acres and Site Plan Review of
24.32 acres. Location: 9813 Flying Cloud Drive. (Resolution No. 2012-26 for
PUD Concept Review; Ordinance for PUD District Review and Zoning
District Amendment)
Getschow said official notice of this public hearing was published in the February
9, 2012,Eden Prairie News and sent to 23 property owners. The proposed use is
for a private compressed natural gas fueling facility for Allied/Republic trucks. He
noted there will be 105 time-fill spaces, not the 191 spaces as stated in the synopsis.
Pam Pullen, Associate Planner with Clean Energy, said they are partnering with
Allied/Republic to provide them with natural gas so they can replace their
petroleum fuel based fleet with natural gas. They will convert over 80% of the fleet
to natural gas in the next few years.
Tyra-Lukens asked if they are converting 80% of the fleet here or everywhere in
the country. Ms Pullen said it will be across the country.
Aho asked how they plan to fill the vessels used to fill the vehicles. Ms Pullen said
the natural gas will come to the facility from pipes in the ground. The trucks are
filled at night.
Nelson asked if they already have a pipeline for the natural gas or if they plan to
use the gas from the waste site. Ms Pullen said there is a natural gas line in the
facility.Nelson asked if that meant there would be no new pipeline built for this
project. Ms Pullen said that was correct.
Case noted there were some initial concerns about safety for this project. He asked
why this is considered a safe site. Getschow said some of the issues brought up at
the Planning Commission concerned the proximity of the site to the Williams gas
CITY COUNCIL MINUTES
February 21,2012
Page 4
pipeline. That particular pipeline is over 2000 feet away from the facility and does
not pose a safety concern. He said staff feels comfortable with this project not
being in close proximity to any other pipelines or any other safety hazards. Ms
Pullen said there are specific guidelines of setbacks stated in the statutory
requirements.
There were no comments from the audience.
MOTION: Aho moved, seconded by Butcher Wickstrom, to close the public
hearing; and to adopt Resolution No. 2012-26 for Planned Unit Development
Concept Review on 24.32 acres; and to approve 1st reading of the ordinance for
Planned Unit Development District Review with waivers, and Zoning District
Amendment within the I-2 Zoning District on 24.32 acres; and to direct staff to
prepare a Development Agreement incorporating staff and commission
recommendations and Council conditions. Motion carried 5-0.
C. RIDGE AT RILEY CREEK 5TH ADDITION by JMS Custom Homes. Request
for: Planned Unit Development Concept Review on 2.02 acres, Planned Unit
Development District Review on 2.02 acres, Zoning District Amendment within
the R1-13.5 Zoning District on 2.02 acres and Preliminary Plat of 2.02 acres into
five lots. Location: 9567, 9667, and 9687 Sky Lane. (Resolution No. 2012-27 for
PUD Concept Review; Ordinance for PUD District Review and Zoning
District Amendment; Resolution No. 2012-28 for Preliminary Plat)
Getschow said the proposal is to plat three existing lots into five single-family lots.
Official notice of this public hearing was published in the February 9, 2012,Eden
Prairie News and sent to 23 property owners. The Planning Commission voted 5-0
to recommend approval of the project at the January 23, 2012 meeting.
Case said he would like to hear from staff how this project fits into what the
Planning Department would envision for the whole neighborhood if we had a
master plan for such development. He was concerned that we approve 3-5 acre
plots in a piecemeal fashion and we may not be sure they fit into what we would
like to have as a long term master plan. Jeremiah said this does fit our kind of
master plan for the area because it is completely within the zoning and
comprehensive plan we set for this neighborhood. It fits the minimum requirements
and leaves the door open to do potential future road connections. Getschow said in
many scenarios the property owner drives the process when the development
occurs. We need to think five to ten years ahead of the development process so
everything will fit in.
Case asked if, as a City, we proactively bring people in to discuss what we think
might be happening 20-30 years from now and what we might do today to help us
get there. He thought it is part of our role to try to facilitate appropriate
development. Jeremiah said we have done that with a comprehensive plan update.
We had a number of open houses and had at least one representative from the
undeveloped area of the City. We do solicit those types of comments from the
CITY COUNCIL MINUTES
February 21,2012
Page 5
community. Case said it would be nice if we continued to promote our master plan
so developers could be aware of what we have as our vision.
A representative of JMS Custom Homes and Swanson Homes said they continue to
build at the Ridge at Riley Creek and are working hard to keep it going. He said
they have submitted a preliminary plat that requires no waivers and conforms with
the zoning and guide plan. They were delighted to receive approval from staff and
the Planning Commission.
There were no comments from the audience.
MOTION: Butcher Wickstrom moved, seconded by Aho, to close the public
hearing; and to adopt Resolution No. 2012-27 for Planned Unit Development
Concept Review on 2.02 acres; and to approve 1st Reading of the Ordinance for
Planned Unit Development District Review, and Zoning District Amendment
within the R1-13.5 Zoning District on 2.02 acres; and to adopt Resolution No.
2012-28 for Preliminary Plat on 2.02 acres into 5 lots; and to direct staff to prepare
a Development Agreement incorporating staff and commission recommendations
and Council conditions. Motion carried 5-0.
D. EDEN PRAIRIE OFFICE RETAIL by Fendler Patterson. Request for: Planned
Unit Development Concept Review on 3.84 acres, Planned Unit Development
District Review with waivers on 3.84 acres, Zoning District Amendment within the
I-2 Zoning District on 3.84 acres Site Plan Review of 3.84 acres and Preliminary
Plat of 3.84 acres into 1 lot. Location: 14675 and 14711 Martin Drive. (Resolution
No. 2012-29 for PUD Concept Review; Ordinance for PUD District Review
and Zoning District Amendment; Resolution No. 2012-30 for Preliminary
Plat)
Getschow said this is the prior BakeMark location between Martin Drive and Hwy
5. There are two related proposals included, reuse of the existing building for retail
and office use, and construction of another 17,000 foot square foot building at the
location. There are waivers required for parking, the front and side yard setbacks, a
wall sign not permitted on street frontage, and to allow the increase of retail use in
the 1-2 district. He said the Planning Commission reviewed this and recommended
approval 8-0 at the February 15, 2012 meeting. He said the Planning Commission
and staff felt this was a unique use of retail in an industrial district.
Bob Grootwassink, 15382 Mason Point Road, said he is the landlord for the project
and is going to lease 27,000 square feet of retail and warehouse to Appliance
Smart. He will use about half the 6000 square feet of office space in the building
and will lease out the other half of the office space. There is an additional two acres
of land on which to build another building in the future although he does not know
who the tenant will be.
Jack Cameron, representing Appliance Smart, said they are in the appliance
recycling and retail business. They work for major appliance manufacturers with all
their products so they need more display space for their product.
CITY COUNCIL MINUTES
February 21,2012
Page 6
Tyra-Lukens asked if the 45 parking spaces proposed will be adequate. Mr.
Cameron said they sell more of a big ticket item so there are, at most, five to ten
customers in the store at one time. It will be adequate parking for them.
There were no comments from the audience.
MOTION: Nelson moved, seconded by Butcher Wickstrom, to close the public
hearing; and to adopt Resolution No. 2012-29 for Planned Unit Development
Concept Review on 3.84 acres; and to approve 1st reading of the ordinance for
Planned Unit Development District Review with waivers, and Zoning District
Amendment in the I-2 Zoning District on 3.84 acres; and to adopt Resolution No.
2012-30 for Preliminary Plat on 3.84 acres into 1 lots; and to direct staff to prepare
a Development Agreement incorporating staff and commission recommendations
and Council conditions. Motion carried 5-0.
X. PAYMENT OF CLAIMS
MOTION: Nelson moved, seconded by Case, 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. Statement--Council Member Case
Case said he has been a teacher in the Eden Prairie School District for the past
33 years and he plans to retire from the teaching profession in May when he
reaches the "Rule of 90." Since early January he has been actively pursuing
options for a training consultant position in the Twin Cities area. Two weeks
ago he submitted an application to United Health Group (UHG). Because
UHG has pending business coming before the Council soon, he plans to
recuse himself from any future discussion or action this Council might take
regarding UHG and to leave the Council Chamber during discussion of any
topic related to UHG in the coming months regardless of how this particular
effort to seek employment with UHG happens to conclude. If he were to
obtain employment with UHG, he would continue to recuse himself from any
action regarding UHG and would refrain from formal or informal
conversation with his Council colleagues or City staff regarding any UHG
matters that might come before the Council. He first considered seeking
CITY COUNCIL MINUTES
February 21,2012
Page 7
employment at UHG or anywhere else in January 2012. The most recent
Council action on a UHG matter was September 20, 2011. At no time has
UHG approached him regarding employment; rather, it has been him reaching
out to UHG in the last two weeks.
B. REPORT OF CITY MANAGER
1. Resolution No. 2012-31 Authorizing Issuance, Awarding Sale,
Prescribing Form and Details and Providing for Payment of$5,230,000
General Obligation Crossover Refunding Bonds, Series 2012A
Getschow said there are two refunding authorizations on tonight's agenda and
we will be hearing some really good news about the amounts saved by the
refunding.
Tammy Amdahl,Northland Securities, said the City received savings of
$650,000 on this issue for crossover refunding bonds because we received a
rate of 2.3%, not 2.79% as we had estimated. She said the second sale for
$3,240,000 of bonds came in with a$304,000 savings, and we had estimated
only saving an additional $130,000.
Getschow said each time we do a bond issuance refunding,we have a bond
rating call. Once again we received a AAA bond rating. He said less than 4%
of all municipalities in the country have attained that rating. He noted these
are direct savings to our taxpayers. One of our levies is our debt levy and, if
we are able to reduce that levy, we will reduce our overall tax levy and our
tax impact.
MOTION: Aho moved, seconded by Nelson, to adopt Resolution No. 2012-
31 authorizing issuance, awarding sale,prescribing the form and details and
providing for the payment of$5,230,000 General Obligation Crossover
Refunding Bonds, Series 2012A. Motion carried 5-0.
2. Resolution No. 2012-32 Authorizing Issuance, Awarding Sale,
Prescribing Form and Details and Providing for Payment of$3,240,000
General Obligation Capital Improvement Plan Crossover Refunding
Bonds, Series 2012B
MOTION: Case moved, seconded by Butcher Wickstrom, to adopt
Resolution No. 2012-32 authorizing issuance, awarding sale, prescribing the
form and details and providing for the payment of$3,240,000 General
Obligation Capital Improvement Plan Crossover Refunding Bonds, Series
2012B. Motion carried 5-0.
Tyra-Lukens thanked Northland Securities and the City's Finance Department
for being vigilant about pursuing these opportunities to refinance the bonds
and in obtaining the almost $1,000,000 in savings.
CITY COUNCIL MINUTES
February 21,2012
Page 8
3. Resolution No. 2012-33 in Support of Metropolitan Council's 2012
Bonding Request for Southwest Light Rail Transit
Getschow said Mayor Tyra-Lukens and he were approached by our Hennepin
County Commissioner asking for our support, along with that of all the other
cities along the Southwest LRT line, for the $25,000,000 recommended in the
Governor's capital bonding bill that includes funding to continue the progress
on the Southwest LRT project. We were asked to pass a resolution of support
which will assist our State legislature in getting the bonding bill passed.
MOTION: Nelson moved, seconded by Aho, to adopt Resolution No. 2012-
33 in support of Metropolitan Council's 2012 bonding request for Southwest
Light Rail Transit. Motion carried 5-0.
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
1. Resolution No. 2012-34 Authorizing Livable Communities TOD Grant
Application for Town Center Stormwater Analysis
Jeremiah said staff would like to apply for a Livable Communities Transit
Oriented Development Pre-Development grant. The requested amount is for
$45,000, with a city match of$15,000 which is available in our Public Works
fund. She said the grant will help when we look at development proposals for
the Town Center area. Those proposals have been deterred in some cases
because it is difficult to make the stormwater work on individual
redevelopment sites. She said we would also like to look at more innovative
types of approaches to meet the functional needs, get some aesthetic facilities
in the area and get some sound green solutions. We would develop a guide for
future development in this area to implement green best management
practices. She noted this is a new program through the Metropolitan Council
specific to transit-oriented development. Staff feels this is a very good use of
the funds. She noted there will be three different rounds of grant applications
for this money.
MOTION: Butcher Wickstrom moved, seconded by Nelson, to adopt
Resolution No. 2012-34 authorizing the City of Eden Prairie to apply for
Livable Communities Transit Oriented Development grant funds for Town
Center Stormwater Analysis.
Rosow said there should be a small change to Point 3 in the resolution to
authorize the Mayor and City Manager to submit on behalf of the City, not
the Community Development Director as is stated in the packet material.
VOTE ON THE MOTION: Motion carried 5-0.
2. Resolution No. 2012-35 Authorizing TIA Designation Applications for
Five Proposed LRT Station Areas
CITY COUNCIL MINUTES
February 21,2012
Page 9
Jeremiah said this approval is for five Transit Improvement Area(TIA)
designation applications for the five stations along the half mile of future light
rail development. DEED is looking at creating criteria for a future loan
program. She said the TIA designation will probably be required for future
rounds of TOD grants. This resolution will authorize the City of Eden Prairie
to approve five TIA designation applications around all five of the proposed
LRT stations. She said the language of the resolution should be changed to
state the City Council of the City of Eden Prairie "approves the Transit
Improvement Area plans," not "has approved the Transit Improvement Area
plans" as stated in the packet materials.
Tyra-Lukens thought it seems odd they don't automatically say any area
designated for a transit station is a TIA. She asked if this is just a formality
for the administrative process. Jeremiah replied she was not sure, but every
single area that applied last year was designated.
MOTION: Case moved, seconded by Nelson, to adopt Resolution No. 2012-
35 authorizing the City of Eden Prairie to approve five Transit Improvement
Area designation applications for the proposed City West, Golden Triangle,
Town Center, Southwest Station and Mitchell Road Light Rail stations.
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
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
MOTION: Butcher Wickstrom moved, seconded by Case, to adjourn the meeting. Motion
carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 7:51 PM.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 6, 2012
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A.
Christy Weigel, Clerk's License Application List
Police/ Support Unit
These licenses have been approved by the department heads responsible for the licensed activity.
Requested Action
Motion: Approve the licenses listed below.
Raffle
Organization: Ducks Unimited
Place: Bearpath Golf& Country Club
Date: April 20, 2012
- 1 -
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 6, 2012
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. #12-5806 ITEM NO.: VIII.B.
Mary Krause Award Contract for 2012 Street Sweeping to
Public Works/Engineering Pearson Brothers, Inc.
Requested Action
Move to: Award contract for 2012 Street Sweeping to Pearson Brothers, Inc. in the amount of
$ 31,750.
Synopsis
Sealed bids were received Thursday, February 16, 2012 for the 2012 Street Sweeping. Three
bids were received as follows:
Pearson Brothers, Inc. $31,750.00
Reliakor Services, Inc. $31,900.00
Allied Blacktop Company $33,500.00
Background Information
The schedule for street sweeping in the project specifications indicates a start date of April 9,
2012. This early cleaning of the streets prevents sand and debris that has accumulated from the
winter snow removal operations from entering into the City's wetlands, creeks and lakes. Spring
sweeping of the streets takes approximately 8-10 working days. Street sweeping after the
sealcoat project also is part of this project.
Financial Implications
Funding for the spring sweeping is from the Storm Water Utility Fund. Street sweeping also
takes place after the sealcoating project and is funded from the Operating and Maintenance
budget for sealcoating and the CIP fund for pavement maintenance.
A comparison of the previous 5 years of sweeping bid prices submitted was done indicating a
slight decrease in bid prices for 2012.
Staff recommends award to Pearson Brothers, Inc.
Attachment
Bid Price Comparison 2008-2012
Historical Sweeping Bid Prices
2008 ReliaKor Allied Blacktop
Services
Spring Sweeping $66.80/hour $79/hour
Sealcoat $66.80/hour $89/hour
Sweeping
2009 ReliaKor Allied Blacktop Aslakson's
Services Blacktop
Spring Sweeping $64.75/hour $78/hour $137.85/hour
Sealcoat $70/hour $86/hour $137.85/hour
Sweeping
2010 ReliaKor Allied Blacktop
Services
Spring Sweeping $67/hour $80/hour
Sealcoat $75/hour $90/hour
Sweeping
2011 ReliaKor Allied Blacktop
Services
Spring Sweeping $78.50/hour $80/hour
Sealcoat $85/hour $100/hour
Sweeping
2012 ReliaKor Allied Blacktop Pearson
Services Brothers,Inc.
Spring Sweeping $78.50/hour $80/hour $77/hour
Sealcoat $83.50/hour $95/hour $86.50/hour
Sweeping
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 6, 2012
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C.
Stuart Fox, Parks and Natural Contract for Professional Services for
Resources Manager, Parks and Riley Lake Road- Trail Extension Project
Recreation
Motion
Move to: Approve the Standard Agreement for Professional Services proposal from HTPO
for Riley Lake Road- Trail Extension Project engineering and surveying services
at a cost not to exceed$46,500.00.
Synopsis
Laurie Johnson of Hansen, Thorp, Pellinen and Olson Inc. has provided a Scope of Services
proposal that addresses the City's request for engineering and surveying services related to the
recently authorized Riley Lake Road- Trail Extension Project. Their proposal for the project
includes survey work, construction administration and inspection work with a not to exceed cost
of$46,500.
Recommendation
The proposal from HTPO is in line with our estimate and staff recommends approval of this
contract.
Attachment
Standard Agreement for Professional Services and Scope of Service Letter
Rev. 8-07-2009
Standard Agreement for Professional Services
This Agreement is made on the day of , 20 , between the City
of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden
Prairie, MN 55344, and Hansen Thorp Pellinen Olson, Inc. , a Minnesota
corporation (hereinafter "Consultant") whose business address is
7510 Market Place Drive, Eden Prairie, MN 55344
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of
professional services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this Agreement is
to set forth the terms and conditions for the provision of professional services by Consultant for Riley
Lake Road —Trail Extension project hereinafter referred to as the "Work".
The City and Consultant agree as follows:
1. Scope of Work/Proposal. The Consultant agrees to provide the professional services shown
in Exhibit "A" ( proposal letter dated September 15, 2011
_) in connection with the Work. The terms of this standard agreement shall take precedence
over any provisions of the Consultants proposal and/or general conditions.
2. Term. The term of this Agreement shall be from February 15, 2012 through
December 31, 2012 the date of signature by the parties notwithstanding. This
Agreement may be extended upon the written mutual consent of the parties for such additional
period as they deem appropriate, and upon the terms and conditions as herein stated.
3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus
expenses in a total amount not to exceed $_46,500.00 for the services as
described in Exhibit A.
A. Any changes in the scope of the work which may result in an increase to the
compensation due the Consultant shall require prior written approval by an authorized
representative of the City or by the City Council. The City will not pay additional
compensation for services that do not have prior written authorization.
B. Special Consultants may be utilized by the Consultant when required by the complex or
specialized nature of the Project and when authorized in writing by the City.
C. If Consultant is delayed in performance due to any cause beyond its reasonable control,
including but not limited to strikes, riots, fires, acts of God, governmental actions,
actions of a third party, or actions or inactions of City, the time for performance shall be
extended by a period of time lost by reason of the delay. Consultant will be entitled to
payment for its reasonable additional charges, if any, due to the delay.
1
Rev. 8-07-2009
4. City Information. The City agrees to provide the Consultant with the complete information
concerning the Scope of the Work and to perform the following services:
A. Access to the Area. Depending on the nature of the Work, Consultant may from time to
time require access to public and private lands or property. As may be necessary, the
City shall obtain access to and make all provisions for the Consultant to enter upon
public and private lands or property as required for the Consultant to perform such
services necessary to complete the Work.
B. Consideration of the Consultant's Work. The City shall give thorough consideration to
all reports, sketches, estimates, drawings, and other documents presented by the
Consultant, and shall inform the Consultant of all decisions required of City within a
reasonable time so as not to delay the work of the Consultant.
C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria,
including but not limited to, design and construction standards that may be required in
the preparation of the Work for the Project.
D. Owner's Representative. A person shall be appointed to act as the City's representative
with respect to the work to be performed under this Agreement. He or she shall have
complete authority to transmit instructions, receive information, interpret, and define the
City's policy and decisions with respect to the services provided or materials, equipment,
elements and systems pertinent to the work covered by this Agreement.
5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized
invoice for professional services performed under this Agreement. Invoices submitted shall be
paid in the same manner as other claims made to the City for:
A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall
indicate for each employee, his or her name, job title, the number of hours worked, rate
of pay for each employee, a computation of amounts due for each employee, and the
total amount due for each project task. Consultant shall verify all statements submitted
for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For
reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an
itemized listing and such documentation as reasonably required by the City. Each
invoice shall contain the City's project number and a progress summary showing the
original (or amended) amount of the contract, current billing, past payments and
unexpended balance of the contract.
B. Suspended Work. If any work performed by the Consultant is suspended in whole or in
part by the City, the Consultant shall be paid for any services performed prior to receipt
of written notice from the City of such suspension, all as shown on Exhibit A.
C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of
special consultants, as described in Section 3B, and for other items when authorized in
writing by the City.
D. Claims. To receive any payment on this Agreement, the invoice or bill must include the
following signed and dated statement: "I declare under penalty of perjury that this
account, claim, or demand is just and correct and that no part of it has been paid."
2
Rev. 8-07-2009
6. Project Manager and Staffing. The Consultant has designated Laurie Johnson
and Ted Anderson to serve on the Project. They shall be assisted
by other staff members as necessary to facilitate the completion of the Work in accordance with
the terms established herein. Consultant may not remove or replace these designated staff
from the Project without the approval of the City.
7. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with
the standard of care in Hennepin County, Minnesota for professional services of the like kind.
8. Audit Disclosure. Any reports, information, data, etc. given to, or prepared or assembled by
the Consultant under this Agreement which the City requests to be kept confidential, shall not
be made available to any individual or organization without the City's prior written approval. The
books, records, documents and accounting procedures and practices of the Consultant or other
parties relevant to this Agreement are subject to examination by the City and either the
Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of
this Contract. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the
Minnesota Government Data Practices Act, to the extent the Act is applicable to data and
documents in the possession of the Consultant.
9. Termination. This Agreement may be terminated by either party by seven (7) days written
notice delivered to the other party at the address written above. Upon termination under this
provision, if there is no fault of the Consultant, the Consultant shall be paid for services
rendered and reimbursable expenses until the effective date of termination. If however, the City
terminates the Agreement because the Consultant has failed to perform in accordance with this
Agreement, no further payment shall be made to the Consultant, and the City may retain
another consultant to undertake or complete the work identified in Paragraph 1.
10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under
this Agreement except as noted in the Scope of Work, without the express written consent of
the City. The Consultant shall pay any subcontractor involved in the performance of this
Agreement within the ten (10) days of the Consultant's receipt of payment by the City for
undisputed services provided by the subcontractor. If the Consultant fails within that time to
pay the subcontractor any undisputed amount for which the Consultant has received payment
by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the
rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty
payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than
$100, the Consultant shall pay the actual interest penalty due to the subcontractor. A
subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall
be awarded its costs and disbursements, including attorney's fees, incurred in bringing the
action.
11. Independent Consultant. At all times and for all purposes herein, the Consultant is an
independent contractor and not an employee of the City. No statement herein shall be
construed so as to find the Consultant an employee of the City.
12. Non-Discrimination. During the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicants for employment because of race, color, creed,
religion, national origin, sex, marital status, status with regard to public assistance, disability,
sexual orientation or age. The Consultant shall post in places available to employees and
• applicants for employment, notices setting forth the provision of this non-discrimination clause
and stating that all qualified applicants will receive consideration for employment. The
3
Rev. 8-07-2009
Consultant shall incorporate the foregoing requirements of this paragraph in all of its
subcontracts for program work, and will require all of its subcontractors for such work to
incorporate such requirements in all subcontracts for program work. The Consultant further
agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes
363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act
of 1990.
13. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without
the written consent of the other party.
14. Services Not Provided For. No claim for services furnished by the Consultant not specifically
provided for herein shall be honored by the City.
15. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any
reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not
affect the remaining provisions of this Agreement.
16. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement
supersedes all oral agreements and negotiations between the parties relating to the subject
matter hereof as well as any previous agreements presently in effect between the parties
relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the
provisions of this Agreement shall be valid only when expressed in writing and duly signed by
the parties, unless otherwise provided herein.
17. Compliance with Laws and Regulations. In providing services hereunder, the Consultant
shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of
services to be provided. The Consultant and City, together with their respective agents and
employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota
Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13.
Any violation of statutes, ordinances, rules and regulations pertaining to the services to be
provided shall constitute a material breach of this Agreement and entitle the City to immediately
terminate this Agreement.
18. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not
affect, in any respect, the validity of the remainder of this Agreement.
19. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and
employees harmless from any liability, claims, damages, costs, judgments, or expenses,
including reasonable attorney's fees, to the extent attributable to a negligent or otherwise
wrongful act or omission (including without limitation professional errors or omissions) of the
Consultant, its agents, employees, or subcontractors in the performance of the services
provided by this Agreement and against all losses by reason of the failure of said Consultant
fully to perform, in any respect, all obligations under this Agreement. Consultant further agrees
to indemnity the City for defense costs incurred in defending any claims, unless the City is
determined to be at fault.
20. Insurance,
A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay
for such insurance as will protect against claims for bodily injury or death, or for damage
to property, including loss of use, which may arise out of operations by Consultant or by
4
Rev. 8-07-2009
any subcontractor or by anyone employed by any of them or by anyone for whose acts
any of them may be liable. Such insurance shall include, but not be limited to, minimum
coverages and limits of liability specified in this Paragraph, or required by law. The
policy(ies) shall name the City as an additional insured for the services provided under
this Agreement and shall provide that the Consultant's coverage shall be primary and
noncontributory in the event of a loss.
B. Consultant shall procure and maintain the following minimum insurance coverages and
limits of liability on this Project:
Worker's Compensation Statutory Limits
Employer's Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Comprehensive General
Liability $1,000,000 property damage and bodily injury per
occurrence
$2,000,000 general aggregate
$2,000,000 Products—Completed Operations
Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit each accident (shall
include coverage for all owned, hired and non-owed
vehicles.
Umbrella or Excess Liability $1,000,000
C. The Comprehensive General/Commercial General Liability policy(ies) shall be
equivalent in coverage to ISO form CG 0001, and shall include the following:
a. Premises and Operations coverage with no explosions, collapse, or underground
- damage exclusion (XCU).
b. Products and Completed Operations coverage. Consultant agrees to maintain
this coverage for a minimum of two (2) years following completion of its work.
Said coverage shall apply to bodily injury and property damage arising out of the
products-completed operations hazard.
c. Personal injury with Employment Exclusion (if any) deleted.
d. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent.
e. Broad Form Property Damage coverage, including completed operations, or its
equivalent.
f. Additional Insured Endorsement(s), naming the "City of Eden Prairie" as an
5
Rev. 8-07-2009
Additional Insured, on ISO form CG 20 10 07 04 or such other endorsement
form as is approved by the City.
g. If the Work to be performed is on an attached community, there shall be no
exclusion for attached or condominium projects.
h. "Stop gap" coverage for work in those states where Workers' Compensation
insurance is provided through a state fund if Employer's liability coverage is not
available.
i. Severability of Insureds provision.
D. Professional Liability Insurance. The Consultant agrees to provide to the City a
certificate evidencing that they have in effect, with an insurance company in good
standing and authorized to do business in Minnesota, a professional liability insurance
policy. Said policy shall insure payment of damage for legal liability arising out of the
performance of professional services for the City. Said policy shall provide an
aggregate limit of$2,000,000. Said policy shall not name the City as an insured.
Consultant's aggregate liability for claims relating to its professional services will not
exceed the professional liability limit required under this Agreement
E. Consultant shall maintain in effect all insurance coverages required under this
Paragraph at Consultant's sole expense and with insurance companies licensed to do
business in the state in Minnesota and having a current A.M. Best rating of no less than
A-, unless specifically accepted by City in writing. In addition to the requirements stated
above, the following applies to the insurance policies required under this Paragraph:
a. All policies, except the Professional Liability Insurance policy, shall be written on
an "occurrence" form ("claims made" and "modified occurrence" forms are not
acceptable);
b. All policies, except the Professional Liability Insurance policy, shall be apply on a
"per project" basis;
c. All policies, except the Professional Liability Insurance and Worker's
Compensation Policies, shall contain a waiver of subrogation naming "the City of
Eden Prairie";
d. All policies, except the Professional Liability Insurance and Worker's
Compensation Policies, shall name "the City of Eden Prairie" as an additional
insured;
e. All policies, except the Professional Liability Insurance and Worker's
Compensation Policies, shall insure the defense and indemnity obligations
assumed by Consultant under this Agreement; and
f. All polices shall contain a provision that coverages afforded there under shall not
be canceled or non-renewed, nor shall coverage limits be reduced by
endorsement, without thirty (30) days prior written notice to the City.
6
Rev. 8-07-2009
A copy of the Consultant's Certificate of Insurance which evidences the
compliance with this Paragraph 20, must be filed with City prior to the start of
Consultant's Work. Upon request a copy of the Consultant's insurance declaration
page, Rider and/or Endorsement, as applicable shall be provided. Such documents
evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory
evidence that Consultant has complied with all insurance requirements. Renewal
certificates shall be provided to City prior to the expiration date of any of the required
policies. City will not be obligated, however, to review such Certificate of Insurance,
declaration page, Rider, Endorsement or certificates or other evidence of insurance, or
to advise Consultant of any deficiencies in such documents and receipt thereof shall not
relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of
Consultant's obligations hereunder. City reserves the right to examine any policy
provided for under this paragraph.
F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the
specified insurance, then Consultant will defend, indemnify and hold harmless the City, the
City's officials, agents and employees from any loss, claim, liability and expense (including
reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the
same protection as would have been provided by the specified insurance. Except to the
extent prohibited by law, this indemnity applies regardless of any strict liability or
negligence attributable to the City (including sole negligence) and regardless of the extent
to which the underlying occurrence (i.e., the event giving rise to a claim which would have
been covered by the specified insurance) is attributable to the negligent or otherwise
wrongful act or omission (including breach of contract) of Consultant, its subcontractors,
agents, employees or delegates. Consultant agrees that this indemnity shall be construed
and applied in favor of indemnification. Consultant also agrees that if applicable law limits
or precludes any aspect of this indemnity, then the indemnity will be considered limited
only to the extent necessary to comply with that applicable law. The stated indemnity
continues until all applicable statutes of limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require Consultant
to:
a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
b. Furnish a written acceptance of tender of defense and indemnity from Consultant's
insurance company.
Consultant will take the action required by the City within fifteen (15) days of receiving
notice from the City.
21. Ownership of Documents. All plans, diagrams, analyses, reports and information generated
in connection with the performance of the Agreement ("Information") shall become the property
of the City, but Consultant may retain copies of such documents as records of the services
provided. The City may use the Information for its purposes and the Consultant also may use
the Information for its purposes. Use of the Information for the purposes of the project
contemplated by this Agreement ("Project") does not relieve any liability on the part of the
Consultant, but any use of the Information by the City or the Consultant beyond the scope of
the Project is without liability to the other, and the party using the Information agrees to defend
and indemnify the other from any claims or liability resulting therefrom.
7
Rev. 8-07-2009
22. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related to
this Service Agreement or the relationships which result from this Agreement shall be subject to
mediation as a condition precedent to initiating arbitration or legal or equitable actions by either
party. Unless the parties agree otherwise, the mediation shall be in accordance with the
Commercial Mediation Procedures of the American Arbitration Association then currently in
effect. A request for mediation shall be filed in writing with the American Arbitration Association
and the other party. No arbitration or legal or equitable action may be instituted for a period of
90 days from the filing of the request for mediation unless a longer period of time is provided by
agreement of the parties. Cost of mediation shall be shared equally between the parties.
Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed
upon by the parties. The parties shall memorialize any agreement resulting from the mediation
in a Mediated Settlement Agreement, which Agreement shall be enforceable as a settlement in
any court having jurisdiction thereof.
23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
24. Conflicts. No salaried officer or employee of the City and no member of the Board of the City
shall have a financial interest, direct or indirect, in this Contract. The violation of this provision
renders the Contract void. Any federal regulations and applicable state statutes shall not be
violated.
25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall
be considered an original.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Mayor
City Manager
FIRM NAME /QIz5en .lip `el/,ren Qlson,_17d,
By a. c. .-A„.2,,
Its: Pres etc "
8
11—11
I Engineering Surveying
;) Landscape Architecture
1 � J
September 15,2011
Mr.Stu Fox
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55344
Re: Riley Lake Road-Trail Extension Project
Dear Stu,
As requested,the following estimate for engineering and surveying
services are provided for your consideration.
Estimate Scope of Service
$45,000.00 Construction administration,staking,and
inspection. Assumes inspection time of 16 hours
per week for construction duration of 10 weeks.
Includes as-built verification of storm sewer and
drainage swales.
$ 1,500.00 Reimbursables
$46,500.00 TOTAL
We assume that the geotechnical consultant will be under a separate
contract directly with the City.
Invoices will be submitted based on actual hours worked using a 2.4
multiplier times direct personal expense,and reimbursable expenses
incurred(printing,courier,and other out-of-house documents and fees).
We will keep you informed of our work progress and the above fee
estimate will not be exceeded without prior approval from your office.
We invoice our services monthly payable within 30 days.
Thank you for this opportunity to provide our services.
Sincerely,
7510 Market Place Drive Hansen Thorp Pellinen Olson, Inc.
Eden Prairie, MN 55344
952-829-0700
952-829-7806 fax
www.htpo.com Laurie A.Johnson,P.E.
Principal
HANSEN THORP PELLINEN OLSON, INC.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 6, 2012
DEPARTMENT/DIVISION: ITEM DESCRIPTION: #10-5782 ITEM NO.: VIII.D.
Randy Newton Approve Change Order No. 1 for the Valley
Public Works /Engineering View Road/Prairie Center Drive Intersection
Improvement Project
Requested Action
Move to: Approve Change Order No. 1 for the Valley View Road/Prairie Center Drive
Intersection Improvement Project.
Synopsis
Change Order No. 1 results in a $7,822.09 reduction in the total contract amount. The Change
Order is the product of several field revisions required during construction as well as several
performance standard adjustments for bituminous pavement.
Background Information
Construction of the Valley View Road / Prairie Center Drive Intersection Improvement Project
was completed in August and September of 2011. The Change Order is a result of several minor
field revisions that were required during construction. In addition, the Change Order includes
several performance standard adjustments that are a result of the required pavement compaction
densities not being met.
Financial Implications
Change Order No. 1 results in a $7,822.09 decrease in the total contract amount. With this
Change Order the contract amount is decreased to $481,771.31.
Attachment
Change Order No. 1
February 14,2012
C! ANGEI ,)E+ i'.. NO. 1
Project: Valley View Road Improvements
Eden Prairie,Minnesota
SP 181-123-002
City Project No. 10-5782
To: Northwest Asphalt,Inc.
You are hereby directed to make the changes noted below in the contract.
Measured
ADD the following costs to the contract: Unit Unit Price Quantity Amount
1. Work Order 1
a. Flotation Silt Curtain Lin Ft $13.75 100 $1,375.00
2. Work Order 2
a. Sodding Type Lawn Sq Yd $8.25 140 $1,155.00
3. Work Order 3
a. Additional Traffic Control Lump Sum $458.26 1 $458.26
4. Work Order 4
a. Pull back&Reinstall Signal Interconnect Lump Sum $514.80 1 $514.80
b. Two Additional"No Ped Crossing"signs Lump Sum $301.40 1 $301.40
5. Work Order 5
a. Additional Topsoil Cu Yd $22.25 77 $1,713.25
T•;TAL ADDITIONS $5,517.71
Remove the following costs From the contract:
1 Bituminous Incentive/Disincentive Lump Sum -$365.90 1 -$365.90
a. Nonwear Course Lump Sum -$690.92 1 -$690.92
b. Binder Course Lump Sum -$12,282.95 1 -$12,282.95
c. Wear Course
-$13,339.80
TOTAL DELETIONS
ORIGINAL CONTRACT AMOUNT $ 489,593.40
TOTAL ADDITONS $ 5,517.71
TOTAL DELETIONS $ -13,339.80
TOTAL CHANGE RESULTING FROM THIS CHANGE ORDER $ -7,822.09
TOTAL CONTRACT VALUE INCLUDING THIS CHANGE ORDER $ 481,771.31
THE ABOVE CHANGES ARE APPROVE I:
WSB &ASSOCIATES, INC. CITY OF EDEN PRAIRIE
�`
By // By
Project Engineer City Manager
Date ,2f/3//,2- Date
THE A':;OVE CHANGES ARE ACCEPTE'1:
NORTHWEST ASPHALT,INC. CITY OF EDEN PRAIRIE
By By
/fr# Mayor
Date 2 Lit/2-- Date
CHANGE 0 ' IER NO.
Project: Valley View Road Improvements
Eden Prairie,Minnesota
SP 181-123-002
City Project No. 10-5782
ITEM 1 ESCRIPTI0N OF C; 'ANGES
1. WORK''RIDER NO. 1
a. Flotation Silt Curtain:
In order to protect the pond during construction floating silt fence was added at the outlet to the pond. Payment for
this item was determined on negotiated unit price.
2. WORK 'FRIER NO.2
a. Sodding Type Lawn:
It was determined during construction that sod would be a better fit for the lawn on the west side of Prairie Center
Drive since they had sprinkler systems to keep the sod alive.Payment for this item was determined on negotiated unit
price.
3. WORK®RIDE" NO.3
a. Additional Traffic Control:
When the signal was shut down at Valley View Rd and Prairie Center Dr and when it was put back into service it was
determined that signs saying"Traffic Control Change Ahead"would be beneficial to the public.Payment for this item
was determined by force account basis.
4. WORK ORDER NO.4
a. Pull back&Reinstall Signal Interconnect:
The existing signal interconnect at Valley View Rd and Prairie Center Dr was field located inside the hand holes to be
removed as part of the project.The signal interconnect was determined to be unnecessary during construction and was
pulled back to Flying Cloud Dr and coiled during construction. After construction the lines were pulled back and
reconnected.Payment for this item was determined on a force account basis.
5. WORK®I'IFER NO.5
a. Additional Topsoil:
There was inadequate topsoil onsite to finalize topdressing of the site prior to seeding. It was determined that
additional topsoil would be needed to complete the project.Payment for this item was determined on negotiated unit
price.
li,ituminous Incentive il%isincentive
Nonwear Course,Binder Course,&Wear Course:
The compaction densities of the bituminous were lower than specification allows, but not low enough to warrant
immediate removal. The contract had Incentives/Disincentives based on bituminous core densities. The Standard
worksheet was used to calculate the disincentives based on the tested densities.
CITY COUNCIL AGENDA DATE:
SECTION: Public Hearings March 6, 2012
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A.
Community Development/Planning Juris Addition
Janet Jeremiah/Scott A. Kipp
Requested Action
Move to:
• Close the Public Hearing; and
• Adopt the Resolution for Planned Unit Development Concept Review on 14.16 acres; and
• Approve 1st Reading of the Ordinance for Planned Unit Development District Review with
waivers and Zoning District Amendment within the Commercial Regional Service Zoning District
on 14.16 acres; and
• Adopt the Resolution for Preliminary Plat on 14.16 acres into 2 lots and right of way; and
• Direct Staff to prepare a Development Agreement incorporating Staff and
Commission recommendations and Council conditions.
Synopsis
This project is a Preliminary Plat of two lots for the existing Metropolitan Ford site.
Background Information
The lots meet city code for size, dimension, and floor ratio for the existing buildings.
The project requires the following PUD waivers:
• Parking setback from 10—0 feet. This is an existing condition.
• Wetland structure setback from 15 to 5 feet.
• Wetland buffer width from 10 to 3 feet
The property was developed before the city adopted wetland requirements. The wetland setbacks
are existing conditions.
The 120-Day Review Period Expires on May 25, 2012.
Planning Commission Recommendation
The Planning Commission voted 8-0 to recommend approval of the project at the February 13,
2012 meeting.
Attachments
1. Resolution for PUD Concept Review
2. Resolution for Preliminary Plat
3. Staff Report dated February 10, 2012
4. Location Map
5. Land Use Map
6. Zoning Map
7. Aerial photo
8. Approved Planning Commission Minutes dated February 13, 2012
9. Letter from Hennepin County dated February 3, 2012
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2012-
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT OF JURIS ADDITION
FOR REHDER& ASSOCIATES
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 February 13,
2012, on the Juris Addition preliminary plat by Rehder&Associates 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 March 6, 2012.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1. Juris Addition, 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 January 27, 2012.
3. That the PUD Concept meets the recommendations of the Planning Commission
on February 13, 2012.
ADOPTED by the City Council of the City of Eden Prairie this 6th day of March, 2012.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
EXHIBIT A
PUD Concept- (Juris Addition)
Legal Description Before Final Plat:
Lot 1,Block 1,EDEN PRAIRIE FORD, according to the recorded plat thereof,Hennepin County,
Minnesota.
Legal Description After Final Plat:
Lot 1, and Lot 2, JURIS ADDITION, Hennepin County, Minnesota.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2012-
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF JURIS ADDITION FOR REHDER& ASSOCIATES
BE IT RESOLVED,by the Eden Prairie City Council as follows:
That the preliminary plat of Juris Addition for Rehder&Associates stamp dated January 27,2012,
and consisting of 14.16 acres into 2 lots,a copy of which is on file at the City Hall,is found to be in
conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and
amendments thereto, and is herein approved.
ADOPTED by the Eden Prairie City Council on the 6th day of March, 2012.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
STAFF REPORT
TO: Planning Commission
FROM: Scott A. Kipp, Senior Planner
DATE: February 10, 2012
SUBJECT: Juris Addition
OWNER: CP Eden Prairie RE Holdco LLC c/o Cushman&Wakefield
APPLICANT: Rehder&Associates
LOCATION: 12790 Plaza Drive
120 DAY REVIEW: Expires May 25, 2012
REQUEST: • Planned Unit Development Concept Review on 14.16 acres
• Planned Unit Development District Review with waivers on 14.16
acres
• Zoning District Amendment within the C-Reg-Ser District on 14.16
acres
• Preliminary Plat of 14.16 acres into 2 lots and road right of way
BACKGROUND
The Comprehensive Guide Plan shows the site as Regional Commercial. Surrounding land uses
are Regional Commercial. The 14.16 acres property is zoned Commercial Regional Service.
Metropolitan Ford occupies the site.
PRELIMINARY PLAT
The preliminary plat shows a subdivision of the property into two lots, 9.47 acres and 4.68 acres.
Proposed lots 1 and 2 meet the lot size and dimension requirements. Both lots meet the Floor
Area and/Base Area Ratios for the existing buildings.
PLANNED UNIT DEVELOPMENT WAIVERS
The project requires the following PUD waivers:
• Parking setback from 10—0 feet. This is an existing condition.
• Wetland structure setback from 15 to 5 feet.
• Wetland buffer width from 10 to 3 feet
Staff Report—Juris Addition (Metropolitan Ford)
February 10, 2012
Page 2
The property was developed before the city adopted wetland requirements. The wetland setbacks
are existing conditions.
STAFF RECOMMENDATION
Recommend approval of the following request:
• Planned Unit Development Concept Review on 14.16 acres
• Planned Unit Development District Review with waivers on 14.16 acres
• Zoning District Amendment within the C-Reg-Ser District on 14.16 acres
• Preliminary Plat of 14.16 acres into 2 lots and road right of way
This is based on plans stamp dated January 27, 2012; the Staff Report dated February 10, 2012
and the following conditions:
1. Remove the bituminous driveway between the parking lot on Lot One and the parking lot on
Lot Two, re grade and seed.
2. Planned Unit Development waivers are granted as follows.
• Parking setback from 10 - 0 feet.
• Wetland structure setback from 15 to 5 feet.
• Wetland buffer width from 10 to 3 feet
3. Provide conservation easements over the wetland areas.
2
Area Location Map - Juris Addition
Address: 12790 Plaza Drive, Eden Prairie, MN
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Legend
N
Rural Residential 0.10 Units/Acre Neighborhood Commercial Streams
Low Density Residential 0-2.5 Units/Acre - Community Commercial Principal Arterial
1772 Low Density/Public/Open Space - Regional Commercial -A Minor Arterial
B Minor Arterial ' $ i '1
Medium Density residential 2.5-10 Units/Acre-Town Center DATE Approved 03-19-03 DATE Revised 12-06-06
Major Collector DATE Revised 11-07-05 DATE Revised 06-01-07 E E N
n Medium Density Residential/Office - Park/Open Space � DATE Revised 11-07-05 DATE Revised 06-01-07
Minor Collector DATE Revised 02-2306 DATE Revised 10-01-07
- High Density Residential 10-40 Units/Acre - Public/Quasi-Public DATE Revised 03-23-06 DATE Revised 03-01-OS
DATE Revised 06-23-06 DATE Revised 03-01-09
-Airport Golf Course PRAIRIE
Office - Church/Cemetary
V/A, Office/Industrial Open Water »e.�_op... .o m_ ®. ..a„ „ .a „ar 1e,0® iiVE•wOx[•pAEAM
K ) Office/Public/Open Space =fight-Of-Way 0.125 0
- Industrial I I
Miles
Zoning Map
Juris Addition
12790 Plaza Drive, Eden Prairie MN
Valley View Road iiimummilimitillimmuramminium
SITE
Plaza Drive Plaza Drive
oppli..i.
X ---
212 ,�
SOr...) den Prairie Zoning Map
Rural -Regional Commercial Shoreland Management Classifications N
R1-44 One Family-44,000 sf.min. I—I TC-C
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. ji 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. En 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 discrepancy related to a zoning classitmaeon on this zoning map,the ordinance uVE•WOHK•OHEAM
and attached legal description on file at Eden Paine Ciry Center will prevail.
-Community Commercial Water
-Highway Commercial Right of Way 0 0.125 0.25
-Regional Service Commercial
,op....,��mo..,...,ti4..
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Aerial Map
Juris Addition
12790 Eden Prairie Road, Eden Prairie, MN
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APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, FEBRUARY 13, 2012 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
Chair Stoltz called the meeting to order at 7:00 p.m.
II. APPROVAL OF AGENDA
MOTION by Lechelt, seconded by Wuttke, to approve the agenda. Motion carried 8-0.
III. MINUTES
A. PLANNING COMMISSION MEETING HELD ON JANUARY 23, 2012
MOTION by Kirk, seconded by Lechelt, to approve the minutes. Motion
carried 5-0. Fyten, Pitzrick and Schultz abstained.
IV. INFORMATIONAL MEETINGS
V. PUBLIC MEETINGS
VI. PUBLIC HEARINGS
A. JURIS ADDITION (2012-02)by Rehder&Associates
Location: 12790 Plaza Drive
Request for:
• Planned Unit Development Concept Review on 14.16 acres
• Planned Unit Development District Review with waivers on 14.16 acres
• Zoning District Amendment within the C-REG-SER District on 14.16 acres
EDEN PRAIRIE PLANNING COMMISSION MINUTES
February 13, 2012
Page 2
• Preliminary Plat of 14.16 acres into 2 lots and road right of way
Jim Rock, of 4359 Bentry Lane, Eagan, is a real estate broker representing the
owner in this project. He stated they want to do a lot split on the existing Eden
Prairie Ford property.
Chair Stoltz asked Franzen to review the staff report. Franzen stated staff
recommendation is for approval based on conditions on page 2 of the staff report.
Tom Grossman, developer and owner of the new Ford building and Suburban
Chevrolet, would like to purchase the back 4 acres for continued use of car
storage. The front lot, the 9 plus acres, is approved for a car dealership and zoned
commercial. There are a couple of waivers for this project; a parking waiver
which is based on an existing condition and a wetland setback and buffer waiver,
also based on existing conditions. The property was built before the City adopted
wetland requirements.
Lee asked if the back lot was approved for a car dealership. Franzen stated there
is an existing development agreement that permits the storage of cars.
Chair Stoltz opened the meeting up for public input. There was no input.
MOTION by Stoltz, seconded by Pitzrick, to close the public hearing. Motion
carried 8-0.
MOTION by Stoltz, seconded by Kirk, to recommend approval of the Planned
Unit Development Concept Review on 14.16 acres, Planned Unit Development
District Review with waivers on 14.16 acres, Zoning District Amendment within
the I-2 Zoning District on 14.16 acres and Preliminary Plat of 14.16 acres into two
lots based on plans stamped dated January 27, 2012 and the staff report dated
February 10, 2012. Motion carried 8-0.
VII. PLANNERS' REPORT
Franzen stated there will be two public hearings at the February 27, 2012 Planning
Commission Meeting.
VIII. MEMBERS' REPORT
IX. CONTINUING BUSINESS
Wuttke asked for an update of activities related to light rail. Franzen stated the project
will be moving in to the preliminary engineering phases this summer, once the design
team has been selected and the contract awarded. He added that the City will be asked to
give municipal consent on the alignment, station, and parking, during the 1st quarter of
2013. Schultz asked who would be the main contact from Eden Prairie if there were
EDEN PRAIRIE PLANNING COMMISSION MINUTES
February 13, 2012
Page 3
questions regarding the LRT. Franzen stated for now, any questions can be sent to
planning.
X. NEW BUSINESS
XI. ADJOURNMENT
MOTION by Schultz, seconded by Fyten, to adjourn the meeting. Motion carried
8-0.
There being no further business, the meeting was adjourned at 7:21 p.m.
it
i
�P. JAlt 1
January 19, 2012 fAilVE ORKS OREAM
(16
OFC 952 949 8300
FAX 952 949 8390
TDD 952 949 8399
Mr. Torn Johnson 8080 Mitchell Rd
Hennepin County Hwy Dept Eden Prairie,MN
1600 Prairie Drive 55344-4485
Medina, MN 55340-5421 edenprairie.org
Re: Juris Addition
I am enclosing plans that have been submitted for the finis Addition.
This project has not been scheduled for review at the planning commission or city
council. Please contact me at 952-949-8487 if you have questions.
Sincerely,
`14/1/N--", „IG"../e601
Michael Franzen
City Planner
CITY COUNCIL AGENDA DATE:
SECTION: Public Hearing March 6, 2012
DEPARTMENT/DIVISION: ITEM DESCRIPTION: Vacation 12-01 ITEM NO.: IX.B.
Denise Christensen Vacation of drainage and utility easements
Public Works/Engineering dedicated in Eden Prairie Ford, lying within
Menard 7th Addition, on Document 1595590
and on Document 3033585.
Requested Action
Move to:
• Close the public hearing; and
• Adopt the resolution vacating drainage and utility easements dedicated in Eden Prairie Ford,
lying within Menard 7th Addition, on Document 1595590 and on Document 3033585, all in
Hennepin County, Minnesota.
Synopsis
The Property Owners have requested the vacation of drainage and utility easements dedicated in
the plat of Eden Prairie Ford as well as other drainage and utility easements affecting the plat of
Eden Prairie Ford in order to facilitate the plat of Juris Addition.
Background Information
The drainage and utility easements to be vacated all fall within currently platted Lot 1, Block 1,
Eden Prairie Ford. The drainage and utility easements were originally dedicated over parts of
Outlots A and B, Menard Addition on Document 1595590; over Lots 2 and 3, Block 1, Menard
7th Addition by plat; over Lot 1, Block 1, Eden Prairie Ford on Document 3033585 and over Lot
1, Block 1, Eden Prairie Ford by plat. The property owners would like all these underlying
easements vacated and will dedicate all new drainage and utility easements with the plat of Juris
Addition.
The release of the Resolution vacating the drainage and utility easements shall be conditioned on
the recording of the plat of Juris Addition.
Attachments
• Resolution
• Location Map
• Site Plans
• Published Notice
• Notification List
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2012-
NOTICE OF VACATION OF DRAINAGE AND UTILITY EASEMENTS DEDICATED
IN EDEN PRAIRIE FORD,LYING WITHIN MENARD 7TH ADDITION, ON
DOCUMENT 1595590 AND ON DOCUMENT 3033585,
ALL IN HENNEPIN COUNTY, MINNESOTA
VACATION 12-01
WHEREAS, the City of Eden Prairie has certain Drainage and Utility Easements described as
follows:
All drainage and utility easements dedicated in EDEN PRAIRIE FORD, according to the
recorded plat thereof and dedicated in said plat, Hennepin County, Minnesota.
Together with;
All drainage and utility easements lying within Lots 2 and 3, Block 1, MENARD 7TH
ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota,which
were dedicated in said plat.
Together with;
That part of the easement for drainage and utility purposes in favor of the City of Eden
Prairie, as contained in Quit Claim Deed dated July 13, 1984, recorded August 20, 1984 as
Document No. 1595590, as identified on Exhibit "A" as EASEMENT 8A over, under and
across that part of Outlot B, Menard Addition and EASEMENT 12A over,under and
across that part of Outlot A, Menard Addition which lies within EDEN PRAIRIE FORD,
according to the recorded plat thereof, Hennepin County, Minnesota, except that portion of
said easement previously vacated by Notice of Completion of Vacation Proceedings dated
April, 10, 1992, recorded April 14, 1992 as Document No. 2252439.
Together with;
The easement for utility purposes in favor of the City of Eden Prairie, as contained in Quit
Claim Deed dated May 14, 1998, recorded May 19, 1998 as Document No. 3033585.
WHEREAS, a Public Hearing was held on March 6, 2012, after due notice was given to affected
property owners and published in accordance with M.S.A. 412.851; and
WHEREAS, the Council has been advised by City Staff that the proposed vacation of the above
described Drainage and Utility Easements has no relationship to the comprehensive municipal
plan; and
WHEREAS, it has been determined that the said Drainage and Utility Easements are not
necessary and have no interest to the public, therefore, should be vacated.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows:
1. Said Drainage and Utility Easements described above are hereby vacated.
2. The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with
M.S.A. 412.851.
3. This Resolution is contingent upon and shall not be effective until the Subdivision Juris
Addition has been recorded with the County Recorder/Registrar of Titles as applicable.
The City Clerk shall not present the Notice of Completion of Proceedings to the County
Auditor or file it with the County Recorder/Registrar of Titles until the Subdivision Juris
Addition is recorded.
ADOPTED by the Eden Prairie City Council on March 6, 2012.
Nancy Tyra-Lukens, Mayor
ATTEST:
SEAL
Kathleen Porta, City Clerk
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LOCATION MAP
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EDEN PRAIRIE FORD
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DESCRIPTION OF EASEMENTS TO BE VACATED I
All drainage and utility easements dedicated in EDEN PRAIRIE FORD,according to the recorded plat
thereof,Hennepin County,Minnesota. Rehdernd Associates, Inc.
\ CIVIL ENGINEERS AND LAND SURVEYORS
3440 Federal Drive• Suite 110 •Eagan,Minnesota •Phone(651)452-5051
Sketch for Vacation of Drainage and Utility Easements in:
MENARD 7TH ADDITION
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Pc / / \ I I I MENARD 7TH ADDITION,according to the recorded plat thereof,
00 / / \ I \ Hennepin County,Minnesota,which were dedicated in said plat.
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Rehder and Associates, Inc.
I CIVIL ENGINEERS AND LAND SURVEYORS
3440 Federal Drive• Suite 110 •Eagan,Minnesota •Phone(651)452-5051
Sketch for Vacation of Drainage and Utility Easements in: 0
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\ DESCRIPTION OF EASEMENTS TO BE VACATED
The easement for utility purposes in favor of the City of Eden Prairie,as contained in Quit Claim Deed dated May 1
\ 14, 1998,recorded May 19,1998 as Document No.3033585. I
\ and
That part of the easement for drainage and utility purposes in favor of the City of Eden Prairie,as contained in Quit Claim '
Deed dated July 13,1984,recorded August 20,1984 as Document No. 1595590,as identified on Exhibit"A"as
\ EASEMENT 8A over,under and across that part of Outlot B,Menard Addition and EASEMENT 12A over,under and across Rehder and Associates, Inc.
that part of Outlot A,Menard Addition which lies within EDEN PRAIRIE FORD,according to the recorded plat thereof, CIVIL ENGINEERS AND LAND SURVEYORS
Hennepin County,Minnesota,except that portion of said easement previously vacated by Notice of Completion of
Vacation Proceedings dated April,10,1992, recorded April 14,1992 as Document No.2252439. 3440 Federal Drive• Suite 110 • Eagan,Minnesota •Phone(651)452-5051
VACATION 12-01
NOTICE OF VACATION OF DRAINAGE AND UTILITY EASEMENTS DEDICATED IN
EDEN PRAIRIE FORD, LYING WITHIN MENARD 7TH ADDITION, ON DOCUMENT
1595590 AND ON DOCUMENT 3033585,ALL IN HENNEPIN COUNTY, MINNESOTA
Notice is hereby given that a public hearing will be held before the Eden Prairie City Council at the
Eden Prairie City Hall, 8080 Mitchell Road, Eden Prairie, Minnesota, on March 6, 2012 at 7:00
p.m. to hear all persons present upon the proposed vacation of easements described as follows:
All drainage and utility easements dedicated in EDEN PRAIRIE FORD, according to the
recorded plat thereof and dedicated in said plat,Hennepin County,Minnesota.
Together with;
All drainage and utility easements lying within Lots 2 and 3, Block 1,MENARD 7TH
ADDITION, according to the recorded plat thereof,Hennepin County, Minnesota,which
were dedicated in said plat.
Together with;
That part of the easement for drainage and utility purposes in favor of the City of Eden
Prairie, as contained in Quit Claim Deed dated July 13, 1984,recorded August 20, 1984 as
Document No. 1595590, as identified on Exhibit"A" as EASEMENT 8A over,under and
across that part of Outlot B,Menard Addition and EASEMENT 12A over,under and across
that part of Outlot A, Menard Addition which lies within EDEN PRAIRIE FORD, according
to the recorded plat thereof,Hennepin County,Minnesota, except that portion of said
easement previously vacated by Notice of Completion of Vacation Proceedings dated April,
10, 1992, recorded April 14, 1992 as Document No. 2252439.
Together with;
The easement for utility purposes in favor of the City of Eden Prairie, as contained in Quit
Claim Deed dated May 14, 1998,recorded May 19, 1998 as Document No. 3033585.
By Order of the City Council
Published in the Eden Prairie News on February 16, 2012
NOTIFICATION LIST
VACATION REQUEST 12-01
A copy of the Public Hearing Notice has been sent to owners of the following parcels:
10-116-22-41-0010
10-116-22-41-0011
10-116-22-44-0010
10-116-22-44-0011
11-116-22-32-0013
11-116-22-32-0014
11-116-22-32-0015
11-116-22-33-0005
11-116-22-33-0016
A copy of the Public Hearing Notice has been sent to the following Utilities:
CenterPoint Energy
Comcast
Qwest Communications
Xcel Energy
CITY COUNCIL AGENDA DATE:
SECTION: Public Hearings March 6, 2012
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.C.
Community Development 2012 CDBG Funding Recommendations
Janet Jeremiah, Director
Molly Koivumaki, Housing and
Human Services Manager
Requested Action
Move to:
• Close the Public Hearing; and
• Adopt Resolution approving the use of 2012 CDBG funds as recommended by the Eden
Prairie Human Services Committee.
Synopsis
The 2012 CDBG allocation is $243,436. The regulations stipulate that public service funding
may not exceed 15 percent of the City's total allocation ($243,436), plus 15 percent of the
previous year's program income ($104,908). The Human Services Review Committee reviewed
the 2012 CDBG proposals and recommended the following activities be funded.
# Human Services Activity Funding Level County %of
Priority Allocation
1 PROP Housing Support Services $25,000 High 10%
2 YMCA(Child Care Subsidy) $6,667 High 3%
3 Independent School District 272(Child Care) $3,333 High 1%
4 HOME(Household&Outside Maintenance for the Elderly) $9,000 High 4%
5 CAPSH(Emergency Vehicle Repair) $8,000 High 3%
Subtotal $52,000
Housing Activities Funding Level County Priority
6 Housing Rehabilitation Deferred Loan Program _ $164,659 High 68%
7 Fair Housing Initiative $2,434 High 1%
8 Program Administration $24,343 High 10%
Grand Total $243,436
2012 Allocation Process
The discussion of how to distribute the 2012 CDBG funds through the Human Services Review
Committee included a complete review of all"Request for Funding" applications and the
distribution percentage of funds in 2011. The Committee's goals were to have the best and highest
use of these funds for human services that demonstrated the most direct benefit to the community.
Attachments
• Resolution
• 2012 CDBG Summary of Proposals
• 2012 Action Plan
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2012-
RESOLUTION APPROVING USE OF FUNDS FOR 2012
COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS
WHEREAS, the City of Eden Prairie, as an entitlement community, participates in the
Community Development Block Grant Program; and
WHEREAS, the City of Eden Prairie has developed a proposal for the use of CDBG funds, and
held a public hearing on March 6, 2012, to obtain the views of citizens on the proposed use of
$243,436 for the 2012 Community Development Block Grant Program.
BE IT RESOLVED that the City Council of the City of Eden Prairie approves the following
activities for funding from the Block Grant program, and authorizes and directs the Mayor and
the City Manager to execute Sub recipient and Third Party Agreements on behalf of the City.
ACTIVITIES BUDGET
PROP - Emergency Housing Assistance $ 25,000
YMCA - Child Care Subsidy $ 6,667
Independent School District 272—Child Care Subsidy $ 3,333
HOME - Household& Outside Maintenance for Elderly $ 9,000
CAPSH—Vehicle Repair $ 8,000
Housing Rehabilitation Deferred Loan Program $ 164,659
Fair Housing Initiative $ 2,434
Program Administration $ 24,343
Total $ 243,436
ADOPTED by the City Council of the City of Eden Prairie this 6th day of March, 2012.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
2012 CDBG Application Summary
2012 Clients Projected
Type of 2012 2011 HSRC
Funds Activity Agency Request Funding Recomme Description Served Clients
ndation 2011 2012
Emergency Emergency financial 48
assistance for rent/mortgage 125
Public Service Housing PROP $27,420 $25,000 $25,000a ents Households Households
Assistance p $20,208
Household Senior Provide outside maintenance 23
Chore& Comm. and chore service to residents 60 and Households 31
Public Service Main. Services $9,000 $9,000 $9,000 older $5,189 Households
for elderly (HOME)
Car repair for low-income families. 14
Vehicle CAPSH $15,000 $8,000 $8,000 CAPSH pays 75%of repair costs up Residents 20
Public Service Repair to$750 per low/mod income resident. $7,252 Residents
Subsidize before and after school care
Childcare for EP low/mod income working 32 Youth 38
Public Service subsidy YMCA $15,000 $12,000 $6,667 families $8,000 Youth
Ind. Subsidize before and after school care
Childcare for EP low/mod income working11
Public Service subsidy School $12,000 $0 $3,333 families N/A Households
Dist 272
TOTAL $78,420 $54,000 $52,000
$52,000 is the estimated amount of funds to be spent on 2012 Public Service
$52,000= 15%of$243,436(2012 Allocation)=$36,515
+ 15%of$104,908(Projected 2011 Program Income)=$15,736
2012 ACTION PLAN
CITY OF EDEN PRAIRIE
DUNS # 010488260
Executive Summary
The City of Eden Prairie became a Community Development Block Grant (CDBG)
entitlement community in 2006. CDBG funds are allocated to the City directly from the
U.S. Department of Housing and Urban Development (HUD). The City remains a part
of the Hennepin County Consortium for purposes of the Five Year Consolidated Plan and
HOME funding.
➢ $164,659, or 68 percent of the City's CDBG allocation will be used for affordable
housing to help provide decent housing, while maintaining affordability and
sustainability.
o Prior year CDBG funds will be used for a first time home buyer program
to assist two low/moderate inome households purchase their first homes.
o Rehabilitation of six owner-occupied homes, by income eligible
homeowners. A small repair grant fund will provide for emergency and/or
life safety related repairs for qualifying homeowners.
➢ $52,000, or 15 percent of program income and the City's CDBG allocation will
be used for public service programs that provide assistance to low/moderate
income seniors, families and individuals. These funds help provide access to
suitable living environments, maintain affordability, availability and accessibility
to housing activities.
➢ $2,434 or 1 percent of the City's CDBG allocation will be used for fair housing
activities.
➢ $24,343 or 10 percent of the City's CDBG allocation will be used for
administration of the CDBG Program. Administration includes general
management, oversight, coordination and monitoring of the program.
The majority of organizations receiving CDBG funding from the City of Eden Prairie are
close to meeting 100 percent of their expected performance for 2011. HOME, CAPSH,
YMCA and People Reaching Out to Other People (PROP) are organizations that
continuously experience high demand for their services and will meet or exceed their
2011 expected performance goals.
1
2012 Eden Praire-Action Plan
CDBG Program Specific Requirements
The 2012 allocation is $243,436. It is anticipated that the Housing Rehabilitation
Program and the CDBG Loan Program for Affordable Rental Units will generate
program income during 2012. Any program income received will be used to cover
expenses generated in an existing CDBG Program or activity and not just expenses
related to the activity generating the income, as authorized by the City Council. The City
of Eden Prairie anticipates receiving $90,000.00 in program income in 2012. The City of
Eden Prairie anticipates that there will be $323,765 available in total funds for the 2012
fiscal year. This funding is broken down as follows:
Source of Funds
2012 CDBG Allocation $243,436
Program Income from repayment of deferred loans $90,000
Total $333,436
Activities Planned with CDBG Funds: The following is a listing of CDBG activities
recommended for funding by the Eden Prairie Human Services Review Committee and
approved by the Eden Prairie City Council for the 2012 program year. Details on the
proposed activities follow in order of the specific objective/strategy number identified in
the Consolidated Plan. The regulations stipulate that public service funding may not
exceed 15 percent of the City's total allocation ($243,436), plus 15 percent of the
previous year's program income ($104,908). For the 2012 program year, Eden Prairie
cannot fund public service activities in excess of $52,251. Funding for public service
activities totals $52,000, which includes 15 percent of the 2012 allocation ($36,515) plus
15 percent of 2011 program income ($15,485).
5 Year 2012
Strategy Program Budgeted
ID# Project Activity Income Allocation
2.0 Rehab of Private Property Housing Rehabilitation Loan Program $90,000.00 $164,659.00
1.0 Affordable Housing First Time Homebuyer Program $0 $0.00
3.0 Emergency Housing PROP $0 $25,000.00
6.0 Family Services YMCA $0 $6,667.00
6.0 Family Services Independent School District 272 $0 $3,333.00
6.0 Family Services CAPSH $0 $8,000.00
7.0 Senior Services H.O.M.E.Program $0 $9,000.00
12.0 Fair Housing Fair Housing Initiative—Consortium $0 $2,434
Program Administration Administration $0 $24,343
Total $90,000 $243,436
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2012 Eden Praire-Action Plan
Annual Objectives
Table 3A Summary of Priorities and Specific Annual Objectives
Specific Outcome/Objective Sources of Program Expected Actual Percent
Obj# Specific Annual Objectives Funds Performance Indicators Year Number Number Complete
DH-2 Affordability of Decent Housing Al AIIIMME111111
DH 2.1 The First Time Homebuyer Program assists with 2 low/mod income families will receive assistance 2010 1 1 100%
down payment,closing costs and/or mortgage CDBG to purchase their first home. 2011 3 1 33%
principle reduction. 2012 2
2013
2014
TOTAL
DH-3 Sustainability of Decent Housing i
b.
DH-3.1 H.O.M.E.helps maintain independence for elders 40 residents will receive maintenance,chore 2010 40 43 108%
and avoid premature nursing home placement by CDBG services and homemaking assistance to help keep 2011 40 43 108%
providing homemaker,maintenance,and chore Hennepin them living independently. 2012 40
services.
County 2013
United 2014
Way TOTAL
DH-3.2 The objective of the Single Family Housing 8 households will receive housing rehabilitation, 2010 8 8 100%
Rehabilitation Loan Program is to preserve the CDBG accessibility improvements,and/or emergency 2011 6 16 267%
existing housing stock. repairs for the purpose of maintaining decent 2012 8
affordable housing.
2013
2014
TOTAL
SL-3 Sustainability of Suitable Living Environment
SL-3.1 People Reaching Out to Other People(PROP)will 50 households will be able to stay in current 2010 100 51 51 %
receive CDBG funds to offer emergency housing CDBG housing,increasing family stability,preventing 2011 50 48 96%
assistance to protect residents from the threat of Hennepin families from going to homeless shelters. 2012 50
homelessness or displacement. County 2013
United 2014
Way TOTAL
EO-1 Availability/Accessibility of Economic Opportunity
EO-1.1 The YMCA provides safe,structured,and 30 children will have access to affordable before 2010 40 32 80%
affordable child cares services before and after CDBG and after school child care allowing parents to 2011 30 32 106%
school,all day during summer,and when school's work or seek employment. 2012 30
out for Eden Prairie families who need financial
help so parents can go to work. 2013
2014
TOTAL
EO-1.1 Independent School District 272 provides safe, CDBG 10 children will have access to affordable before 2010 0 0 0
structured,and affordable child care services and after school child care allowing parents to 2011 0 0 0
before and after school,all day during summer, work or seek employment. 2012 10
and when school's out for Eden Prairie families
who need financial help so parents can go to work. 2013
2014
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2012 Eden Praire-Action Plan
Specific Outcome/Objective Sources of Program Expected Actual Percent
Obj# Specific Annual Objectives Funds Performance Indicators Year Number Number Complet
e
EO-1 Availability/Accessibility of Economic Oppo m
EO-1.2 Community Action Partnership of Suburban 10 residents will receive grants to make 2010 8 11 140%
Hennepin receives CDBG funds to make grants CDBG emergency repairs to their vehicles in order to 2011 6 14 233%
to low mod income residents for emergency maintain economic stability. 2012 10
vehicle repairs.
2013
2014
TOTAL
Description of Activities
The activities to be undertaken during the 2012 fiscal year address the priority needs
and local objectives as set forth in the Consolidated Plan. The activities that are part of
the 2012 Action Plan are to be completed within 12 months from the time funds are
allocated to the City of Eden Prairie.
Strategy 2.0 Existing Homeowners
Citywide Single Family Housing Rehabilitation Program: During the 2012 grant year,
we expect to rehabilitate eight owner-occupied homes through our Housing
Rehabilitation Loan Program. The program provides up to $30,000.00 for eligible
repairs through a interest free, deferred loan,payable after 30 years, or when the
property is sold. Applications are accepted year round on a"first come, first served"
basis. Applicants qualify based on their household income and the amount of equity in
their home.
The City will continue to offer a Small Emergency Repair Grant fund to be
administered through our Housing Rehabilitation Loan Program. The Small Repair
Grant fund will access funds through the Housing Rehabilitation Loan Program to be
used for emergency repairs for qualifying homeowners. The program allows a
maximum of $5,000 per home in grant funds to be used for emergency and small
repairs.
Both rehabilitation programs are open for residents throughout the City that meet the
low/mod income guidelines. No specific geographic area is targeted for this program.
The City will continue to identify larger rehab projects outside of the Single Family
Rehab Program that house low/mod income Eden Prairie residents. It is anticipated
that this will be a grant program.
Strategy 3.0 Affordable Housing
Citywide First Time HomebuyerProgram: The Eden Prairie First Time Homebuyer
Program offers a zero interest, deferred loan with the city of Eden Prairie holding a
second mortgage on the property. The deferred loan helps first time homebuyers offset
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2012 Eden Prairie-Action Plan Draft
the cost of purchasing a home by providing assistance with down payment, closing
costs, and mortgage principle reduction. Repayment of the loan is required when the
home is sold or no longer homesteaded within the first 30 years. After 30 years, the
loan becomes due and payable. Funds will be used to assist two low mod income
households to purchase their first home. Financial assistance will be provided up to
$25,000. Prior years' affordable housing funds will be utilized for the program.
This program is open for households that meet the income guidelines, purchasing a
home in Eden Prairie. Minority populations will be encouraged to participate through
various means of marketing. The city's goal is that one of the two first time
homebuyers will be minorities.
Annual Affordable Housing Goals: During 2012, the city plans to rehabilitate eight
owner occupied affordable homes and provide downpayment assistance to two
low/mod income homebuyers to purchase affordable housing in Eden Prairie. PROP
will provide emergency assistance in the form of rent or mortgage payments to 50
households at risk of becoming homeless. The table on page 17 outlines these goals.
Strategy 6.0 Family Services/Facilities
PROP: The City has been allocating CDBG assistance to People Reaching Out to
People (PROP) for emergency housing assistance activities since 2003. PROP will
provide emergency assistance in the form of rent or mortgage payments to households
at risk of becoming homeless. This assistance will be provided for up to three months.
PROP has provided considerable assistance to low income households in Eden Prairie
since 1974. PROP serves nearly 400 families per year with food, shelter and medical
assistance. During 2012, it is estimated that 50 households will be assisted with CDBG
funds.
YMCA: The allocation of CDBG funds for childcare assistance has been ongoing for
many years. During the 2012-2013 school year,the YMCA will serve two thirds of the
Eden Prairie students. The CDBG allocation for child care assistance will be used by
the YMCA to subsidize before and after school childcare for Eden Prairie families who
need financial help. The YMCA expects to serve approximately 30 households in
2012.
INDEPENDENT SCHOOL DISTRICT 272: The Eden Prairie School District began
it's own school age childcare program for one third of the students during the 2011-
2012 school year. During the 2012-2013 school year they will continue to serve one
third of the students. The CDBG allocation will be used by Independent School
District 272 to subsidize before and after school childcare for Eden Prairie families
who need financial help. Independent School District 272 expects to serve
approximately 10 households in 2012
CAPSH: The Car Repair Program is administered by Community Action Partnership
of Suburban Hennepin. It was created in 2006 to help low/mod income Eden Prairie
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2012 Eden Prairie Action Plan
residents maintain self sufficiency. The car repair program will pay 75% of repairs up
to $750. CAPSH expects to serve 10 households during 2012.
All of the Family Services Programs listed above are open to all low/mod income
residents of Eden Prairie.
Strategy 7.0 Senior Services
H.O.M.E. Household and Outside Maintenance for Elderly: This service helps
maintain independence for elders and avoid premature nursing home placement by
providing homemaker, maintenance and chore services. H.O.M.E. expects to serve
approximately 40 residents in 2012.
The H.O.M.E. program is offered by Senior Community Services and is open to all
low/mod senior residents of Eden Prairie.
Strategy 11.0 Affirmatively Furthering Fair Housing
The City of Eden Prairie will participate in and help to fund fair housing activities
through the Fair Housing Implementation Council, which provides support for fair
housing activities. Activities include education for property managers, staff training
community outreach, and referral to Legal Aid.
In 2009, the Consortium, along with other metro-area entitlement jurisdictions and
stakeholders working together under the direction of the Fair Housing Implementation
Council, prepared a new Regional Analysis of Impediments to Fair Housing. The
Analysis is for the 2010-2014 Five-Year Consolidated Plan period. The city of Eden
Prairie has taken the identified impediments from this document and the suggested
actions to overcome these impediments to find activities to support these actions. On
page 11 of the city's 2012 action plan, two of these activities are outlined; the Rental
Housing Inspection Program and the Apartment Property Managers Group.
Meeting Underserved Needs
The City is in contact on a regular basis with a number of nonprofit agencies which
coordinate and provide assistance for those who have underserved needs. During
2012, the city will continue to be in contact with these agencies to learn about the
underserved need in the community and how the City can help meet these needs.
An obstacle to meeting underserved needs the City has encountered has been a lack of
clients in its First Time Homebuyer Program. Due to the declining housing market in
the area, the City has encountered a lack of available housing in the price range that is
within reach of young families and individuals who qualify for mortgages in the range
of $150,000 to $170,000. During 2011, only 14% of all home sales in Eden Prairie
were single family homes priced below $190,000. This lack of single family homes
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2012 Eden Prairie Action Plan
has become a barrier to first time homebuyers looking to purchas a home in Eden
Prairie using the First Time Homebuyer Program.
Geographic Distribution
The activities selected by the City of Eden Prairie are primarily offered on a city wide
basis to ensure equal opportunity to all interested, income qualified participants. These
city wide activities include PROP,YMCA, Independent School District 272, HOME,
CAPSH, the First Time Homebuyer Program, and the Housing Rehabilitation Loan
Program.
Estimate for Low and Moderate Income
Estimated % of
Activity 2012 Budgeted Allocation to Benefit
Allocation Low/Moderate Income
Affordable Housing $0 100%
Housing Rehabilitation Loan Program $164,659 100%
PROP $25,000 100%
YMCA $6,667 100%
Independent School District 272 $3,333 100%
CAPSH $8,000 100%
H.O.M.E. $9,000 100%
Fair Housing Activities $2,434 100%
Program Administration $24,343 N/A
Citizen Participation
The City of Eden Prairie is part of the Hennepin County Consortium, and therefore the
City's Action Plan is part of the Hennepin County Consortium Action Plan. The City
follows Hennepin County's Citizen Participation Plan, which calls for the Hennepin
County Consortium Action Plan to be available for public comment 30 days prior to a
public hearing before the Hennepin County Board. The Eden Prairie City Council held
their own public hearing on March 6, 2012 and allowed the public to comment on the
proposed activities. Notice of the public hearing was published in the Eden Prairie
News on February 2, 2012; thirty days prior to the meeting. No public comments were
received prior to, during or after the public hearing. The City's Human Services
Review Committee responds to questions and inquiries about the plan, and makes
recommendations to the City Council based on feedback.
Consultation Process
The City of Eden Prairie has a Development Review Committee comprised of staff
from Housing and Human Services, Community Development and Planning,
Engineering, Fire and Inspections. This committee meets weekly to review proposals
for new development and projects. This group works directly with developers, non-
profit agencies and other governmental agencies and transit authorities to ensure that
all perspectives are considered throughout the review process.
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2012 Eden Prairie Action Plan
The City of Eden Prairie has developed many relationships with private and other
public agencies from which it gathers input on its activities set out in the Action Plan
and also seeks implementation of some of these activities.
The city is in contact with non-profit organizations (both those partially funded with
city CDBG funds and those that are not)to learn about the changes in their cliental.
Many of these organizations have seen an increase in cliental, including those who
have never had to access the service in the past.
Finally, the city also works with various public agencies including other cities,
Hennepin County, and state agencies. This collaboration allows the city to find out
more about what these organizations are seeing in their community and help the city
prepare for these issues which may arise.
Housing and Market Analysis
General
There are a variety of housing options and choices in Eden Prairie, from Section 8
rental housing for low income residents, to "executive estates" with large single family
homes, and many life cycle housing options in between. Of the 24,848 total housing
units, 18,139 or 73 percent are ownership and 6,708 or 27 percent are rental. There are
953 subsidized rental units located throughout Eden Prairie, including three Section 8
Project-Based complexes with 355 units.
Eden Prairie has a large Somali immigrant population, estimated to number
approximately 5,000 people. While most Somali families live in apartment complexes,
including the Project-Based Section 8 complexes, there is a trend toward Somali
ownership and rentals of single family homes.
Eden Prairie has used a "scattered-site" approach to providing affordable housing
which requires developers who are seeking financial assistance from the City to set
aside 20 percent of their units for low/moderate income people. This approach has
prevented the concentration of low income housing in any one part of the City.
Eden Prairie has a large number of group homes that provide supportive care for
developmentally delayed adults, aftercare treatment for teens with chemical addictions,
and memory care support for elderly people.
A residential treatment facility for people with HIV/AIDS has existed in Eden Prairie
for nearly 20 years. There is no estimate available on the number of abandoned
buildings or their prospect for rehabilitation.
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2012 Eden Prairie Action Plan
Public Housing
The City of Eden Prairie does not have a Public Housing Authority; however, through
an agreement with the Minneapolis Public Housing Authority, we do have 19
scattered-site public housing units which are managed by the Metropolitan Housing
and Redevelopment Authority (HRA). The City of Eden Prairie does not have any
oversight or involvement in the operation of the units and therefore does not have a
plan to encourage public housing residents to become more involved in management
and homeownership.
Chronic Homelessness and Other Special Needs Activities
The Eden Prairie school district provides consistent education to students who may be
homeless. Eden Prairie schools have a Homeless Liaison who coordinates
transportation and food service for students who may need to remain in Eden Prairie
schools, but are in shelters or other placements outside of the district boundaries. The
Eden Prairie school district currently has approximately 22 homeless students.
The city is working to increase the supply of supportive housing in Eden Prairie. The
City participates with an agency called Avenues for Youth, which operates a "Host
Home" program to provide long term housing for chronically homeless youth, which
will enable the youth to remain in the school district. The "Host Home" program uses
volunteer families who are willing to open their home to a homeless youth. The family
has to participate in a screening process and attend a training program before they are
paired with a homeless youth. Currently, Eden Prairie has two families participating in
the program, one is paired with a youth, the other is anticipating a pairing in 2012.
The City of Eden Prairie does not have a chronically homeless population. However,
we recognize that there are residents at risk of becoming homeless. To prevent these
individuals from becoming homeless, the city supports the following CDBG and
general fund programs.
Emergency Housing Funds: PROP (People Reaching Out to Other People) receives
CDBG funds to support their Housing Assistance Program, which helps
families/individuals who are homeless or who are at risk of being homeless due to a
short-term financial crisis. The goal of the program is to end chronic homelessness
while stabilizing families and creating a healthy environment for children. In 2011,
PROP spent over$200,000 to prevent homelessness by providing::
• 12 homeless households received shelter payments (1-3 night hotel stay)to
transition to shelter or other more long term housing support
• 124 households (unduplicated)received homelessness prevention funding for
rent/deposit/mortgage
• 177 (duplicated) housing related services (rent, deposit, or mortgage)
• Over 2,000 duplicated financial related calls and assessments with the majority
requesting housing related payments due to threats of eviction.
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2012 Eden Prairie Action Plan
• 345 referrals to Hennepin County Emergency Assistance alone that is related to
help with housing emergencies
Remove Barriers to Affordable Housing
Eden Prairie uses many strategies to remove barriers to affordable housing. By using
the land trust model, these properties remain affordable for 99 years. The City uses
TIF Districts to help developers set aside affordable units in several rental properties
throughout the community. The City uses CDBG funds in the single family home
rehabilitation program to help homeowners keep their properties viable and structurally
sound. Without the home rehabilitation program, some of our residents, particularly
senior citizens, could not afford to make the repairs which are necessary to stay in their
homes. The City works with developers to incorporate affordable housing in all new
proposed developments.
The City of Eden Prairie allocates general funds for social services programs. These
programs support people who are currently homeless, facing homelessness or have
other special needs.
Antipoverty Strategy
The following are actions the City of Eden Prairie is taking to reduce the number of
poverty level families
• Collaborating with and funding social service agencies in the community that
assist families toward self-sufficiency.
• Partnering with nonprofits to offer financial management and budgeting classes
for the immigrant community, particularly who have accessed financial support
in the past.
• Job coaching program to assist poverty level adults in finding jobs,particularly
those who have barriers with technology.
• Providing assistance to help poverty level families find affordable housing.
• Pursuing microenterprise pilot program to assist poverty level families in
launching small businesses.
• Raising the visibility of support services in the community so that families in
need can find the help they need to move out of poverty.
• Educating the broader population about the needs of poverty level families in
the community and holding collaborating events to work together to meet these
needs and assist families in becoming self-sufficient
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2012 Eden Prairie Action Plan
City funded (non-CDBG funds) programs for homeless and other special needs
activities:
Cornerstone Advocacy Services provides services to victims of domestic violence,
including emergency shelter, transitional housing, legal services and counseling. In
2011, Cornerstone served 621 Eden Prairie residents.
Teens Alone, serves at-risk homeless youth, families and runaways with services that
include shelter, counseling and crisis intervention. Teens Alone goal is to reunite
youth with their families. If reunification is not possible, Teens Alone helps provide a
safe, decent living situation. In 2011, Teens Alone served 60 Eden Prairie youth. The
City of Eden Prairie's contract with Teens Alone for the 2012 budget year is $13,000.
Storefront Group, serves at-risk youth ages 11 — 18, who are involved in the juvenile
justice system. In 2011, Storefront served 92 Eden Prairie youth.
Meals on Wheels, serves Eden Prairie elderly and disabled residents. In 2011, Meals
on Wheels served 3,808 meals. The City of Eden Prairie's contract with Meals on
Wheels for the 2012 budget year is $9,400.
Senior Community Services, serves Eden Prairie senior citizens with services such as
outreach, assessment, care/service coordination and family consultations. In 2011,
Senior Community Services served 99 residents. The City of Eden Prairie's contract
with Senior Community Services for the 2011 budget year is $30,000.
People Reaching out to Other People (PROP) provides a food shelf to low income
residents of Eden Prairie. In 2011, PROP served 3443 households with emergency
assistance. The City of Eden Prairie's contract with PROP for the 2012 budget year is
$31,000.
HOME Line, HOME Line provides renters with the tools necessary to keep their homes
safe and affordable. In 2011, HOME Line served 194 residents. The City of Eden
Prairie's contract with HOME Line for the 2012 budget year is $5,000.
The City of Eden Prairie will continue to work in partnership with social services
agencies, the faith community, business and civic organizations to address the needs of
persons experiencing homelessness and other special needs. The City recognizes that
access to transportation services is a critical need for low/moderate income residents of
Eden Prairie, and allocates a significant amount of staff time to research solutions and
options.
Other Activities
Low Income Minority Concentration: Two project based Section 8 apartment
complexes comprise the population of the low income minority concentration. One of
these complexes, located in the northern portion of Eden Prairie, is Briarhill with 126
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2012 Eden Prairie Action Plan
units. The other Section 8 complex, located in the southern portion of Eden Prairie, is
Prairie Meadows with 168 units. The city funds social service programs to provide
onsite services within these developments. These services include parent education
classes, tutoring, Meals on Wheels, and various programs. Managers from these
complexes participate in the city's Property Manager's Group.
Rental Housing Inspection Program: the City has started an annual inspection of single
family rental properties to determine Code compliance and health or safety violations
that need correction. This program ensures that rental properties are well maintained
and that no substandard rental units are licensed in the City.
Apartment Property Managers Group: The City facilitates a group of rental property
and apartment managers that meet quarterly to discuss issues, receive updates and
training on topics related to fire and life safety, crime prevention, inspections, social
services and so forth. These meetings are well attended and have fostered a spirit of
cooperation among and between the property managers and the City services.
Human Services Review Committee: This committee is comprised of City staff from a
variety of departments, including Housing and Human Services, Zoning Enforcement,
Police, Administration and Parks and Recreation. This group meets monthly to work
on issues related to housing and human services. Each year, this committee reviews
requests for funding from service providers and makes funding recommendations to the
City Council. There are two sources of funding for human services, the City's general
fund ($160,000 in 2012) and CDBG. The recommendations are based on review of
written proposals, site visits and other methods to determine the quality of the service
and the overall value to the community.
Human Rights and Diversity Commission: The Human Rights and Diversity
Commission acts in an advisory capacity to the City on matters of diversity, civil
and human rights and the Americans with Disabilities Act. The Commission has
been involved in such important social issues as identifying needs of the immigrant
population and finding solutions to "bullying" in local schools.
FamiLink Resource Center: Through a partnership with the Eden Prairie School
District, the City houses the FamiLink Resource Center, a resource and referral center
for all residents and businesses. FamiLink has been successful in launching many new
initiatives, including an English Language Learner (ELL) class for employees of the
Eden Prairie Center, and stores within the center, and a work readiness program which
pairs people looking for work with volunteer mentors who help with resumes, job
applications and mock interviews.
Transportation Committee: Housing and Human Services staff coordinates a group of
local services providers who meet monthly to address transportation issues within the
City. This partnership has resulted in the "Shopping Bus" which provides weekly
transportation to seniors and handicapped people living in apartments to selected
shopping destinations.
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2012 Eden Prairie Action Plan
The City of Eden Prairie Homeowner's Association Improvement Grant Program:
HAIG offers matching grants in an amount up to $50,000 to homeowner's associations
in Eden Prairie, whose individual residential owners meet certain income requirements.
The grants provide funds for housing improvements for those with low to moderate
income that might not otherwise be able to afford the rehabilitation. The goals of this
program are to make energy efficient repairs, address accessibility issues and keep the
affordable housing stock in Eden Prairie viable into the future. This program uses
funds from TIF districts that have decertified.
Monitoring Actions
In order to ensure that the City is meeting its goals and objectives and remaining in
compliance with federal regulations, several items have been incorporated into the
City's CDBG Program.
Subrecipient Agreements
For activities carried out by subrecipients, the City enters into a subrecipient agreement
with the organization. This agreement covers several items, including: a scope of
services, a term for expenditure of the funds, compliance with federal regulations,
record-keeping, and others.
Subrecipient Monitoring
In addition to receiving reports, city staff from the office of Housing and Community
Services also conduct an onsite monitoring visit of each subrecipient. These onsite
monitoring visits consist of review of files for compliance with federal regulations,
general program review with the subrecipient, and follow-up after to ensure any
problems found are being resolved. In addition to on-site monitoring, the City
periodically reviews all of its active files to make certain subrecipients are expending
their funds in a timely manner. As new projects and subrecipients are added the same
staff from Housing and Community Services will conduct the monitoring. The primary
goals of monitoring subrecipients are to:
1) Ensure production and accountability,
2) Ensure compliance with CDBG and other state and federal
requirements and the subrecipient agreement, and
3) Evaluate organizational and project performance
4) Gain a better understanding of the organization
The monitoring consists of review of files for compliance with federal regulations,
general program review with the subrecipient, and follow-up after to ensure any
problems found are being resolved. The city conducts the desk review at least two
weeks prior to the site visit. All reviews, conclusions, and follow up are finalized
within one month of the on-site visit, through written correspondence in order to have
permanent documentation.
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2012 Eden Prairie Action Plan
The desk review examines information and materials provided to the city by the
subrecipient, as a means to track performance and identify potential problem areas.
Some of the items reviewed during the desk review include: progress reports, copies of
audits, internal control and management letters, program budget, activity summary,
project status, budget, drawdown requests,proof of compliance, verification of clients'
status and income, and others.
There are four basic steps to the on-site visit: 1) entrance conference, 2) data gathering
and analysis, 3) exit conference, and 4) follow-up. A monitoring form, including
checklists are filled out by city staff while at the on-site visit. This form includes
reporting requirements,performance evaluation, recordkeeping, fair housing and equal
opportunity, financial information, organizational information and other procedural
requirements as outlined in the subreceipient agreement.
The monitoring is done by city staff who administer the CDBG program. Because of
the limited number of subreceipients the city has, as new subreceipients are added or
other subreceipients are deleted, staff adjusts their workloads accordingly. Currently
there is enough staff to take on the monitoring of all subrecipients; however,this will
be reevaluated in the future if staff is not able to keep up its monitoring activities.
In addition to the desk review and on-site monitoring, the City periodically reviews all
of its active files to make certain subrecipients are expending their funds in a timely
manner. If they are not expending their funds in a timely manner, the city provides a
written letter to the subrecipient reminding them of their responsibilities to timely
spend the funds.
During any part of the subreceipient monitoring process, if there is a deficiency found
then it is noted and included as part of the final monitoring report issued. If the
deficiency arises during the program year, and not during the monitoring period,
written notice is given to the subrecipient of the deficiency. In both cases a timeframe
for correcting the deficiency is given(usually 30 days) at which time the city will re-
review the deficiency. If there are continued problems or a serious problem, then
further review is done and recommendations are made for city council action.
All subrecipient monitoring reviews, whether through the formal desk review and on-
site visit or through a periodic review of documents throughout the year, are kept track
of in the subrecipients files.
Timetable for Completing Monitoring
Monitoring of all subrecipients is completed every two years, unless a subrecipient is
underperforming or other concerns arise. This may cause the office of Housing and
Community Services to conduct an earlier monitoring. All public service subrecipients
will be monitored during FY2012.
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2012 Eden Prairie Action Plan
January—Begin Desk Review and complete at least 2 weeks prior to scheduled On-
Site Review.
February- Conduct On-Site Reviews.
March—Complete all Follow-Up requirements.
Monitoring Forms
The city uses the Monitoring Checklist to ensure that all parts of the monitoring
process are followed. The city uses a Subrecipient Monitoring Program On Site
Review form during the monitoring. Both forms are kept in the subrecipients file at the
city.
Monitoring Follow-Up
The city responds to the subrecipient with a follow up letter within 30 days of the on
site monitoring. The subrecipient has 30 days to respond to the city and correct any
findings. If no corrective action is taken by the subrecipient, the city has the right to
terminate the contract as stated in section 9 of the subrecipient agreement.
Management of Monitoring
Oversight of the monitoring is the responsibility of the Manager of Housing and
Community Services. It is the managers duty to report all monitoring procedures and
outcomes to the city manager.
Documentation of Monitoring
The monitoring form is completed and a follow up letter is sent to the subrecipient.
Both of these documents are kept in the subrecipient's file and maybe accessed for
review by a third party after completion of the city's data request form.
Timeliness
On a monthly basis, the city monitors it's CDBG allocation to ensure that it is meeting
its timeliness compliance. Each program year, the city develops a spreadsheet so that it
can monitor the funds it expends on a monthly basis making it easy to to see how much
money must be spent in order to remain in compliance.
The City of Eden Prairie requests that all subrecipients invoice the City quarterly. This
will enable the City of Eden Prairie to insure that the subrecipients are meeting their
goals and objectives and that they are expending their funds in a timely manner.
15
2012 Eden Prairie Action Plan
CAPER Report
Annually, the City prepares the Consolidated Annual Performance and Evaluation
Report(CAPER)that is required by HUD and included in the Hennepin County
Consortium's CAPER.
Other Actions
As described in the Public Housing section, the City of Eden Prairie does not have
oversight of and is not involved in the operation of public housing units, and therefore
does not have a plan to address public housing improvements and resident initiatives.
The proposed actions the City of Eden Prairie will take to reduce the number of
persons below the poverty line are seen in the public services programs we fund, both
with our general funds and CDBG funds, which promote self-sufficiency. Funded
social services programs such as the vehicle repair program, the emergency housing
assistance program, Meals on Wheels, and others listed several times throughout this
Action Plan have the common theme of helping people become or remain self
sufficient. Helping people become or remain self-sufficient will reduce the likelihood
that they will fall below the poverty line.
Evaluating and Reducing Lead Based Paint Hazards
In order to comply with the Lead-Safe Housing Rule, all homes built prior to 1978 will
be tested for lead through the Hennepin County Housing, Community Works and
Transit Lead Hazard Control. If lead hazards are found, they must be corrected and a
clearance report must be completed. This process is completed following HUD
regulations and guidelines. A significantly larger portion of Eden Prairie's housing
stock was built after 1978, however, as redevelopment plans take place, the issue of
reducing lead-based paint hazards will become more prominent.
Resources Available to Address Community Development and Housing Needs
Federal Resources
• CDBG: The City of Eden Prairie uses CDBG funds to provide affordable rental
and homeownership options. Using CDBG funding, the City has worked with
developers to set aside affordable rental units in apartment complexes. The
City has worked with the West Hennepin Affordable Housing Land Trust
(WHAHLT) to construct five new town homes in a new development. The
city currently funds a first time homebuyer program to help low/mod income
people purchase affordable homes. CDBG Funds will be used to rehabilitate
eight single family homes throughout the City. Eligible repairs include interior
and exterior repairs.
16
2012 Eden Prairie Action Plan
• Section 8: The City of Eden Prairie does not directly receive Section 8 funding.
Eden Prairie's Section 8 Program is administered by Metropolitan Council
Housing and Redevelopment Authority(HRA).
State of Minnesota Resources
• Minnesota Housing Finance Agency (MHFA): This agency provides first-time
homebuyer programs, housing rehabilitation programs, and development and
redevelopment financing through their Consolidated Request for Proposals
(RFP) process. Since 1999, 117 loans have been made through the Minnesota
City Participation Program (MCPP) First-Time Homebuyer Program to Eden
Prairie residents.
• Metropolitan Council Family Affordable Housing Program (FAHP): The City
of Eden Prairie agreed to allow the Metropolitan Council to acquire, own,
manage and operate up to 20 properties as public housing units in Eden Prairie.
Currently, there are 19 units in Eden Prairie located in various developments
throughout the City and there are no more than two units in any one
development.
Local Resources
• Tax Increment Financing (TIF): The City has TIF agreements with developers
of rental housing complexes to provide affordable rental for low/moderate
income residents. Over 200 affordable units are in apartments, townhomes and
senior living complexes spread across Eden Prairie.
17
2012 Eden Prairie Action Plan
TABLE 3B -ANNUAL HOUSING COMPLETION GOALS
Grantee Name: Eden Prairie Expected Annual Actual Annual Resources used during the period
Number of Units Number of Units
Program Year: 2012 To Be Completed Completed CDBG HOME ESG HOPWA
ANNUAL AFFORDABLE
HOUSING GOALS (SEC. 215)
Homeless households ❑ ❑ ❑ ❑
Non-homeless households ❑ ❑ ❑ ❑
Special needs households ❑ ❑ ❑ ❑
ANNUAL AFFORDABLE
RENTAL HOUSING GOALS
(SEC. 215)
Acquisition of existing units ❑ ❑ ❑
Production of new units ❑ ❑ ❑
Rehabilitation of existing units ❑ ❑ ❑ ❑
Rental Assistance 50 X ❑ ❑
Total Sec.215 Affordable Rental 50 X ❑ ❑ ❑
ANNUAL AFFORDABLE
OWNER
HOUSING GOALS (SEC. 215)
Acquisition of existing units ❑ ❑
Production of new units ❑ ❑
Rehabilitation of existing units 8 X ❑
Homebuyer Assistance 2 X ❑ ❑
Total Sec.215 Affordable Owner 10 X ❑ ❑ ❑
ANNUAL AFFORDABLE
HOUSING GOALS (SEC. 215)
Acquisition of existing units ❑ ❑ ❑
Production of new units ❑ ❑ ❑
Rehabilitation of existing units ❑ ❑ ❑ ❑
Homebuyer Assistance ❑ ❑ ❑
Total Sec.215 Affordable Housing ❑ ❑ ❑ ❑
ANNUAL HOUSING GOALS
Annual Rental Housing Goal 50 X ❑ ❑ ❑
Annual Owner Housing Goal 10 X ❑ ❑ ❑
Total Annual Housing Goal 60 X ❑ ❑ ❑
18
2012 Eden Prairie Action Plan
City of Eden Prairie Community Development Block Grant Performance Measurement System 2012
STRATEGY AL GOALS INPUTS ACTIVITIES OUTPUTS OUTCOMES
2.0 Existing Homeowners • Preserve Existing • $164,659 of CDBG • Housing Rehabilitation • 8 rehabilitated homes • 8 households will receive housing
Housing Stock • $90,000 of CDBG • Accessibility Improvements rehabilitation,accessibility improvements
program income • Emergency Repairs and/or emergency repairs for the purpose
(projected) of maintaining decent affordable housing
• .5 staff member to
administer housing
rehabilitation program
3.0 Affordable Hosuing • Create new • $120,000 of prior years' • Provide down payment assistance, • 2 househlds assisted. • 2 households will have new access to
homeownership CDBG slosing cost assistance and mortgage homeownership for the purpose of creating
opportunities. • .5 staff member to principle reduction. decent affordable housing
administer program
6.0 Family Services • Emergency Housing • $43,000 of CDBG • Provide emergency funds for rent, • 50 families kept from • 50 families will be able to stay in current
• Child Care mortgage,to prevent homelessness homelessness or displacement housing,increasing family stability,
• Vehicle Rrepair • Provide access to quality and • 40 children receive day care preventing families from going to homeless
affordable child care assistance shelters.
• Provide tenant counseling services • 10 households will receive • 40 children will have access to affordable
• Provide emergency funds for vehicle emergency vehicle repairs childcare allowing parents to work or seek
repairs employment
• 10 families will receive help getting their
vehicles repaired,preventing them from
missing work or losing their jobs due to
transportation needs.
7.0 Senior Services • Help for seniors to • $9,000 of CDBG • Provide seniors with homemaker and • 40 residents will receive • 40 residents will receive maintenance,
stay independent. maintenance chore services. household services. chore services and homemaking assistance
to help keep them living independently.
19
2012 Eden Prairie Action Plan
U. S. Department of Housing OMB Approval No. 2506-0117
and Urban Development (Exp. 4/30/2011)
Table 3C
Consolidated Plan Listing of Projects
Jurisdiction's Name City of Eden Prairie
Priority Need
High
Project
Affordable Housing
Activity
Eden Prairie First Time Homebuyer Program
Description
The Eden Prairie First Time Homebuyer Program offers a zero interest, deferred loan with the city of Eden
Prairie holding a second mortgage on the property. The deferred loan helps first time homebuyers offset the
cost of purchasing a home by providing assistance with down payment, closing costs, and mortgage principle
reduction. Repayment of the loan is required when the home is sold or no longer homesteaded within the first
30 years. After 30 years, the loan becomes due and payable. Funds will be used to assist five low mod income
households to purchase their first home. Financial assistance will be provided up to $25,000. Affordable
housing funds from 2008, 2010 and 2011 will be used for this program.
Objective category: n Suitable Living Environment X Decent Housing n Economic Opportunity
Outcome category: ❑ Availability/Accessibility X Affordability Sustainability
Location/Target Area:
City Wide-Eden Prairie, MN
Specific Objective Project ID Funding Sources:
Number CDBG
1.0 ESG
HUD Matrix Code CDBG Citation HOME
13 570.201(n) HOPWA
Type of Recipient CDBG National Objective Total Formula
Nonprofit 570.208(a) (3) Prior Year Funds $120,000
Start Date Completion Date Assisted Housing
07/01/2012 06/30/2013 PHA
Performance Indicator Annual Units Other Funding
Households 2 Total $120,000
Local ID Units Upon Completion
2
The primary purpose of the project is to help:❑ the Homeless❑ Persons with HIV/AIDS❑ Persons with Disabilities❑ Public Housing Needs
U. S. Department of Housing OMB Approval No. 2506-0117
and Urban Development (Exp. 4/30/2011)
Table 3C
Consolidated Plan Listing of Projects
Jurisdiction's Name City of Eden Prairie
Priority Need
High
Project
Housing Rehabilitation Loan
Activity
Single Family Rehab
Description
During the 2012 grant year, the City of Eden Prairie expects to rehabilitate 8 owner-occupied homes through the
Housing Rehabilitation Loan Program. The program provides up to $30,000 for eligible repairs through a
interest free, deferred loan, payable after 30 years or when the property is sold. Applications are accepted year
round on a"first come, first served"basis. Applicants qualify based on their household income and the amount
of equity in their home.
Objective category: ❑Suitable Living Environment X Decent Housing ❑ Economic Opportunity
Outcome category: Availability/Accessibility ❑ Affordability X Sustainability
Location/Target Area:
City Wide - Eden Prairie, MN
Specific Objective Project ID Funding Sources:
Number CDBG $164,659
2.0 ESG
HUD Matrix Code CDBG Citation HOME
14A 570.202 HOPWA
Type of Recipient CDBG National Objective Total Formula $164,659
City 570.208(a)(3) Prior Year Funds $ 90,000
Start Date Completion Date
07/01/2012 06/30/2013 Assisted Housing
Performance Indicator Annual Units PHA
Households 8 Other Funding
Local ID Units Upon Completion Total $254,659
201 8
The primary purpose of the project is to help:❑ the Homeless❑ Persons with HIV/AIDS❑ Persons with Disabilities❑ Public Housing Needs
U. S. Department of Housing OMB Approval No. 2506-0117
and Urban Development (Exp. 4/30/2011)
Table 3C
Consolidated Plan Listing of Projects
Jurisdiction's Name City of Eden Prairie
Priority Need
High
Project
Emergency Housing Assistance
Activity
People Reaching Out to Other People (PROP)
Description
Due to a change in the economy, PROP has seen an increased need for mortgage and rental assistance. The
Emergency Housing Assistance Program, offered by PROP, will serve approximately 50 households, by
providing emergency mortgage and rent payments for up to three months, keeping them from the threat of
homelessness or displacement.
Objective category: X Suitable Living Environment n Decent Housing n Economic Opportunity
Outcome category: ❑ Availability/Accessibility Affordability X Sustainability
Location/Target Area:
City Wide—Eden Prairie, MN
Specific Objective Project ID
Number Funding Sources:
6.0 CDBG $25,000
HUD Matrix Code CDBG Citation ESG
05Q 570.201(n) HOME
Type of Recipient CDBG National Objective HOPWA
Nonprofit 570.208(a)(3) Total Formula $25,000
Start Date Completion Date Prior Year Funds
07/01/2012 06/30/2013 Assisted Housing
Performance Indicator Annual Units PHA
Households 100 Other Funding
Local ID Units Upon Completion Total $25,000
100
•
The primary purpose of the project is to help: the Homeless❑ Persons with HIV/AIDS❑ Persons with Disabilities 111 Public Housing Needs
U. S. Department of Housing OMB Approval No. 2506-0117
and Urban Development (Exp. 4/30/2011)
Table 3C
Consolidated Plan Listing of Projects
Jurisdiction's Name City of Eden Prairie
Priority Need
High
Project
Child Care Services
Activity
Southdale YMCA
Description
The Southdale YMCA provides low-income parents, who may be working or attending school, with child care
fee assistance. The YMCA provides safe, structured, and affordable child care services before and after school,
all day during summer, and when school's out for Eden Prairie families. It is estimated that 30 Eden Prairie
children will be served.
Objective category: ❑ Suitable Living Environment ❑ Decent Housing X Economic Opportunity
Outcome category: X Availability/Accessibility n Affordability n Sustainability
Location/Target Area:
City Wide-Eden Prairie,MN
Specific Objective Project ID
Number Funding Sources:
6.0 CDBG $6,667
HUD Matrix Code CDBG Citation ESG
05L 570.201(e) HOME
Type of Recipient CDBG National Objective HOPWA
Nonprofit 570.208(a)(2) Total Formula $6,667
Start Date Completion Date Prior Year Funds
07/01/2012 06/30/2013 Assisted Housing
Performance Indicator Annual Units PHA
Households 30 Other Funding
Local ID Units Upon Completion Total $6,667
30
The primary purpose of the project is to help:n the Homeless n Persons with HIV/AIDS n Persons with Disabilities Public Housing Needs
U. S. Department of Housing OMB Approval No. 2506-0117
and Urban Development (Exp. 4/30/2011)
Table 3C
Consolidated Plan Listing of Projects
Jurisdiction's Name City of Eden Prairie
Priority Need
High
Project
Child Care Services
Activity
Independent School District 272
Description
The Eden Prairie School District began it's own school age childcare program for one third of the students
during the 2011-2012 school year. During the 2012-2013 school yeard they will continue to serve one third of
the students. The CDBG allocation will be used by Independent School District 272 to subsidize before and
after school childcare for Eden Prairie families who need financial help. Independent School District 272
expects to serve approximately 10 households in 2012
Objective category: ❑ Suitable Living Environment ❑ Decent Housing X Economic Opportunity
Outcome category: X Availability/Accessibility Affordability ❑ Sustainability
Location/Target Area:
City Wide- Eden Prairie,MN
Specific Objective Project ID
Number Funding Sources:
6.0 CDBG $3,333
HUD Matrix Code CDBG Citation ESG
05L 570.201(e) HOME
Type of Recipient CDBG National Objective HOPWA
Nonprofit 570.208(a)(2) Total Formula $3,333
Start Date Completion Date Prior Year Funds
07/01/2012 06/30/2013 Assisted Housing
Performance Indicator Annual Units PHA
Households 10 Other Funding
Local ID Units Upon Completion Total $3,333
10
The primary purpose of the project is to help:0 the Homeless 0 Persons with HIV/AIDS 0 Persons with Disabilities 0 Public Housing Needs
U. S. Department of Housing OMB Approval No. 2506-0117
and Urban Development (Exp. 4/30/2011)
Table 3C
Consolidated Plan Listing of Projects
Jurisdiction's Name City of Eden Prairie
Priority Need
High
Project
Senior Community Services
Activity
HOME
Description
H.O.M.E. helps maintain independence for elders and avoid premature nursing home placement by providing
homemaker, maintenance and chore services. They expect to serve approximately 40 Eden Prairie residents in
2012.
Objective category: n Suitable Living Environment X Decent Housing n Economic Opportunity
Outcome category: n Availability/Accessibility nAffordability X Sustainability
Location/Target Area:
City Wide—Eden Prairie, MN
Specific Objective Project ID
Number Funding Sources:
7.0 CDBG $9,000
HUD Matrix Code CDBG Citation ESG
05A 570.201(e) HOME
Type of Recipient CDBG National Objective HOPWA
Nonprofit 570.208(a)(2) Total Formula $9,000
Start Date Completion Date Prior Year Funds
07/01/2012 06/30/2013 Assisted Housing
Performance Indicator Annual Units PHA
Households 40 Other Funding
Local ID Units Upon Completion Total $9,000
40
The primary purpose of the project is to help:n the Homeless n Persons with HIV/AIDS n Persons with Disabilities n Public Housing Needs
U. S. Department of Housing OMB Approval No. 2506-0117
and Urban Development (Exp. 4/30/2011)
Table 3C
Consolidated Plan Listing of Projects
Jurisdiction's Name City of Eden Prairie
Priority Need
High
Project
Fair Housing Activities
Activity
Hennepin County
Description
This initiative provides funding to promote fair housing choice, testing, enforcement, information and referral in
suburban Hennepin County.
Objective category: Suitable Living Environment X Decent Housing ❑ Economic Opportunity
Outcome category: X Availability/Accessibility ❑ Affordability Sustainability
Location/Target Area:
City Wide—Eden Prairie, MN
Specific Objective Project ID
Number Funding Sources:
11.0 CDBG $2,434
HUD Matrix Code CDBG Citation ESG
21D 570.206 HOME
Type of Recipient CDBG National Objective HOPWA
County Total Formula $2,434
Start Date Completion Date Prior Year Funds
07/01/2012 06/30/2013 Assisted Housing
Performance Indicator Annual Units PHA
Other Funding
Local ID Units Upon Completion Total $2,434
1101
•
The primary purpose of the project is to help:111 the Homeless❑ Persons with HIV/AIDS❑ Persons with Disabilities 111 Public Housing Needs
U. S. Department of Housing OMB Approval No. 2506-0117
and Urban Development (Exp. 4/30/2011)
Table 3C
Consolidated Plan Listing of Projects
Jurisdiction's Name City of Eden Prairie
Priority Need
High
Project
Program Administration
Activity
Program Administration
Description
The program administration funds will be used to implement the CDBG Program. The City of Eden Prairie is a
HUD entitlement city and there is greater administrative time needed to manage the program.
Objective category: Suitable Living Environment ❑ Decent Housing ❑ Economic Opportunity
Outcome category: ❑ Availability/Accessibility ❑ Affordability Sustainability
Location/Target Area:
City Wide—Eden Prairie, MN
Specific Objective Project ID
Number Funding Sources:
CDBG $24,343
HUD Matrix Code CDBG Citation ESG
21A 570.206 HOME
Type of Recipient CDBG National Objective HOPWA
City Total Formula $24,343
Start Date Completion Date Prior Year Funds
07/01/2012 06/30/2013 Assisted Housing
Performance Indicator Annual Units PHA
Other Funding
Local ID Units Upon Completion Total $24,343
1102
The primary purpose of the project is to help:❑ the Homeless 111 Persons with HIV/AIDS 111 Persons with Disabilities 111 Public Housing Needs
U. S. Department of Housing OMB Approval No. 2506-0117
and Urban Development (Exp. 4/30/2011)
Table 3C
Consolidated Plan Listing of Projects
Jurisdiction's Name City of Eden Prairie
Priority Need
High
Project
Community Action Partnership of Suburban Hennepin
Activity
Emergency Vehicle Repair
Description
The Car Repair Program is administered by Community Action Partnership of Suburban Hennepin. It was
created in 2006 to help low/mod income Eden Prairie residents maintain self sufficiency. The car repair
program will pay 75% of repairs up to $750. CAPSH expects to serve 10 households during 2012.
Objective category: ❑ Suitable Living Environment Decent Housing X Economic Opportunity
Outcome category: X Availability/Accessibility Affordability Sustainability
Location/Target Area:
City Wide—Eden Prairie, MN
Specific Objective Project ID
Number Funding Sources:
7.0 CDBG $8,000
HUD Matrix Code CDBG Citation ESG
05A 570.201(e) HOME
Type of Recipient CDBG National Objective HOPWA
Nonprofit 570.208(a)(2) Total Formula $8,000
Start Date Completion Date Prior Year Funds
07/01/2012 06/30/2013 Assisted Housing
Performance Indicator Annual Units PHA
Households 10 Other Funding
Local ID Units Upon Completion Total $8,000
10
•
The primary purpose of the project is to help:111 the Homeless❑ Persons with HIV/AIDS❑ Persons with Disabilities 111 Public Housing Needs
CITY COUNCIL AGENDA
DATE:
SECTION: Payment of Claims March 6, 2012
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X.
Sue Kotchevar, Office of the Payment of Claims
City Manager/Finance
Requested Action
Move to: Approve the Payment of Claims as submitted (roll call vote)
Synopsis
Checks 216605 —216947
Wire Transfers 1000308 - 1000387
Wire Transfers 4409 4416
Attachments
City of Eden Prairie
Council Check Summary
3/6/2012
Division Amount Division Amount
General 53,626 803 Escrow Fund 4,365
100 City Manager 1,505 804 100 Year History 1
102 Legal Counsel 21,277 807 Benefits Fund 601,946
110 City Clerk 141 810 Workers Comp Insurance 118,913
111 Customer Service 8,144 811 Property Insurance 85,044
113 Communications 13,462 812 Fleet Internal Service 35,299
114 Benefits&Training 1,272 813 IT Internal Service 87,607
130 Assessing 8 814 Facilities Capital ISF 3,027
131 Finance 625 815 Facilites Operating ISF 26,599
132 Housing and Community Services 417 816 Facilites City Center ISF 64,745
133 Planning -54 817 Facilites Comm.Center ISF 3,451
136 Public Safety Communications 15,220 Total Internal Service Funds 1,030,997
137 Economic Development 1,065
151 Park Maintenance 5,519 Report Total 2,512,798
153 Organized Athletics 6,500
154 Community Center 22,468
156 Youth Programs 3,941
158 Senior Center 2,493
160 Therapeutic Recreation 47
161 Oak Point Pool 1,620
162 Arts 4,025
163 Outdoor Center 735
168 Arts Center 1,772
171 AC-Therapeutic Recreation 50
180 Police 35,330
184 Fire 26,493
186 Inspections 1,125
200 Engineering 2,364
201 Street Maintenance 10,286
202 Street Lighting 73,466
Total General Funds 314,941
301 CDBG 338
303 Cemetary Operation 349
308 E-911 30,966
310 Fire Fighters Fund 16,883
Total Special Revenue Funds 48,535
424 G.O.Improvement Bonds 2003D 431
Total Debt Service Funds 431
315 Economic Development 126,732
509 CIP Fund 280
522 Improvement Projects 2006 141,929
Total Capital Project Funds 268,941
601 Prairie Village Liquor 126,892
602 Den Road Liquor 201,788
603 Prairie View Liquor 126,963
605 Den Road Building 3,654
701 Water Fund 43,120
702 Sewer Fund 317,716
703 Storm Drainage Fund 28,821
Total Enterprise Funds 848,953
City of Eden Prairie
Council Check Register
3/6/2012
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
216854 314,449 METROPOLITAN COUNCIL ENVIRONME MCES User Fee Sewer Utility-General MCES Monthly Fee
216821 279,605 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits March Medical/Dental Insurance
216842 203,957 LEAGUE MN CITIES INS TRUST Insurance Property Insurance Property Insurance
4414 185,551 CERIDIAN State Taxes Withheld Health and Benefits Taxes Withheld
4412 134,765 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA
216908 132,738 SRF CONSULTING GROUP INC Design&Engineering Improvement Projects 2006 City W to 62/212
216757 125,944 HENNEPIN COUNTY TREASURER TIF Revenue Project Fund TIF Payment
4410 99,509 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund
216749 60,177 XCEL ENERGY Electric City Hall-CAM
1000367 49,820 LOGIS Software Maintenance IT Operating
216671 36,924 JOHNSON BROTHERS LIQUOR CO Transportation Prairie Village Liquor Store
216839 34,576 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store
216794 27,500 CORNERSTONE Other Contracted Services Police
216933 26,184 WIRTZ BEVERAGE MINNESOTA Transportation Prairie Village Liquor Store
1000387 24,669 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating
216943 24,480 GEAR WASH LLC Protective Clothing Fire Fighters Fund
1000377 20,965 QUALITY WINE&SPIRITS CO Transportation Den Road Liquor Store
216743 20,592 WIRTZ BEVERAGE MINNESOTA Transportation Prairie Village Liquor Store
4416 20,104 ING Deferred Compensation General Fund
216872 20,048 NORTHLAND SYSTEMS INC Hardware Maintenance IT Operating
216770 19,642 ABM JANITORIALSERVICES-NORTH C Janitor Service Utility Operations-General
1000386 18,996 WENCK ASSOCIATES INC Design&Engineering Storm Drainage
216634 18,253 CENTURYLINK Other Assets E-911 Program
216887 16,297 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store
4415 15,836 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund
216904 14,912 SOUTHERN WINE&SPIRITS OF MN Transportation Prairie Village Liquor Store
1000337 13,998 QUALITY WINE&SPIRITS CO Wine Domestic Prairie Village Liquor Store
216883 13,662 PHILLIPS WINE AND SPIRITS INC Misc Non-Taxable Den Road Liquor Store
216705 13,097 PHILLIPS WINE AND SPIRITS INC Transportation Prairie Village Liquor Store
216934 12,901 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie Village Liquor Store
216835 12,879 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie Village Liquor Store
216738 12,691 WASHINGTON COUNTY Capital Under$10,000 E-911 Program
1000325 12,675 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1
1000360 12,611 GREGERSON ROSOW JOHNSON&NILA Legal Legal Council
216720 12,577 SOUTHERN WINE&SPIRITS OF MN Transportation Prairie View Liquor Store
216888 12,468 PRAIRIEVIEW RETAIL LLC Repair&Maint.Supplies Prairie View Liquor Store
216785 12,225 BONNER&BORHART LLP Legal Legal Criminal Prosecution
1000339 11,719 THORPE DISTRIBUTING Misc Taxable Prairie View Liquor Store
1000350 10,877 DAKOTA SUPPLY GROUP INC Merchandise for Resale Water Metering
216851 10,682 MEDICAL GRAPHICS CORPORATION Capital Under$10,000 Fitness Center
1000381 10,165 THORPE DISTRIBUTING Misc Taxable Prairie Village Liquor Store
216817 9,966 GRAYMONT Chemicals Water Treatment Plant
1000351 9,637 DAY DISTRIBUTING Beer Prairie View Liquor Store
1000352 8,683 DIVERSE BUILDING MAINTENANCE Janitor Service Park Shelters
1000343 8,285 A-SCAPE INC Contract Svcs-Snow Removal Den Bldg.-CAM
216756 8,155 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Fire
216744 8,114 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
216787 8,041 BROWN TRAFFIC PRODUCTS INC Equipment Repair&Maint Traffic Signals
216819 7,877 HANSEN THORP PELLINEN OLSON Design&Engineering Improvement Projects 2006
216755 7,805 G.F.JEDLICKI INC Improvement Contracts Storm Drainage
216667 7,795 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store
216767 7,430 VISION INTERNET PROVIDERS INC Other Contracted Services Communications
216666 7,155 J&D WINDOW CLEANING Janitor Service-General Bldg Fitness/Conference-Cmty Ctr
216735 6,972 VTI Building Repair&Maint. Water Treatment Plant
216741 6,622 WINE MERCHANTS INC Transportation Den Road Liquor Store
1000346 6,481 BELLBOY CORPORATION Transportation Prairie View Liquor Store
1000314 6,183 CENTERPOINT ENERGY Gas Water Treatment Plant
216895 6,000 RIGHTLINE DESIGN LLC Other Contracted Services Communications
216617 5,564 ARSENAULT ASSOCIATES Software Maintenance IT Operating
1000335 5,544 PAUL'S TWO-WAY RADIO Other Contracted Services Public Safety Communications
216771 5,440 ACE TRAILER SALES Machinery&Equipment Water System Maintenance
1000317 5,048 DAY DISTRIBUTING Beer Prairie View Liquor Store
216879 5,038 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store
1000330 4,694 LOGIS Other Hardware IT Capital
1000310 4,332 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations-General
1000359 4,094 GREENSIDE INC Contract Svcs-Snow Removal City Hall-CAM
216655 3,963 GARDEN ROOM FRATELLI'S GARDEN Training Supplies Organizational Services
216931 3,887 WINE MERCHANTS INC Transportation Prairie View Liquor Store
216913 3,389 SUBURBAN CHEVROLET Equipment Repair&Maint Fleet Operating
216940 3,370 IND SCHOOL DIST 272 Building Rental Touch Football
1000336 3,091 PRAIRIE ELECTRIC COMPANY Other Contracted Services Water Capital
1000338 3,067 STATE SUPPLY COMPANY Repair&Maint.Supplies Facilities Capital
216702 3,036 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store
216942 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage Customer Service
1000311 2,789 BELLBOY CORPORATION Transportation Prairie View Liquor Store
216750 2,750 YALE MECHANICAL INC Equipment Repair&Maint Water Capital
216624 2,541 BECKER ARENA PRODUCTS INC Capital Under$10,000 Fitness Center
216870 2,516 NORTH STAR PUMP SERVICE Equipment Repair&Maint Water Treatment Plant
1000376 2,494 PROSOURCE SUPPLY Cleaning Supplies Fitness/Conference-Cmty Ctr
216930 2,468 WINE COMPANY,THE Transportation Prairie View Liquor Store
216664 2,422 HOHENSTEINS INC Beer Prairie View Liquor Store
216683 2,397 MIDWEST COCA COLA BOTTLING COM Merchandise for Resale Concessions
216734 2,367 VERIZON WIRELESS Wireless Subscription IT Operating
1000370 2,308 MCQUAY INTERNATIONAL Contract Svcs-HVAC Police City Center
216914 2,247 SURLY BREWING CO Beer Prairie Village Liquor Store
216727 2,155 TITAN ENERGY SYSTEMS Contract Svcs-Fire/Life/Safe Police City Center
216740 2,146 WINE COMPANY,THE Transportation Prairie View Liquor Store
216725 2,145 SURLY BREWING CO Beer Den Road Liquor Store
216841 2,138 KEEPERS Clothing&Uniforms Police
216690 2,137 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake
216658 1,985 GRAPE BEGINNINGS Transportation Prairie View Liquor Store
1000315 1,970 CERIDIAN Ceridian IT Operating
1000374 1,913 PRAIRIE ELECTRIC COMPANY Equipment Repair&Maint Utility Operations-General
1000344 1,895 ANCHOR PAPER COMPANY Office Supplies Customer Service
4411 1,881 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits
216833 1,825 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund
216876 1,800 ON CALL SERVICES Supplies-General Bldg Fitness/Conference-Cmty Ctr
216650 1,748 FEIDT,ADAM M Travel Expense IT Operating
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
216781 1,739 BERNICK'S WINE Beer Prairie View Liquor Store
216939 1,720 GARDEN ROOM FRATELLI'S GARDEN Events/Admission Fee Wine Club
216631 1,710 BUREAU OF CRIMINAL APPREHENSIO Software Maintenance IT Operating
1000372 1,700 NETSENTIAL.COM INC Software Maintenance IT Operating
1000341 1,694 VINOCOPIA Liquor Den Road Liquor Store
1000362 1,677 HACH COMPANY Chemicals Water Treatment Plant
1000354 1,645 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions
216909 1,639 STAPLES ADVANTAGE Office Supplies Customer Service
216615 1,620 ANCOM COMMUNICATIONS INC Equipment Repair&Maint Public Safety Communications
216612 1,620 AMERICAN RED CROSS Licenses,Permits,Fees Oak Point Lessons
216773 1,538 AMERICAN PUBLIC WORKS ASSOCIAT Dues&Subscriptions Engineering
216929 1,512 WATSON CO INC,THE Merchandise for Resale Concessions
1000340 1,479 VAN PAPER COMPANY Cleaning Supplies Senior Center
216935 1,454 WM MUELLER AND SONS INC Gravel Storm Drainage
1000383 1,435 VAN PAPER COMPANY C H Robinson-Cleaning Suppli City Hall-Direct Costs
216698 1,429 NORTHERN AIR CORPORATION Contract Svcs-Plumbing Fire Station#1
216729 1,428 TRUE FABRICATIONS Misc Non-Taxable Den Road Liquor Store
1000368 1,425 LYNDALE PLANT SERVICES Contract Svcs-Garden Rm/Caf. City Hall-CAM
216846 1,416 M R SIGN Signs Traffic Signs
216945 1,336 HOME DEPOT CREDIT SERVICES Supplies-Electrical Fitness/Conference-Cmty Ctr
216907 1,327 SPORTS WORLD USA INC Clothing&Uniforms Prairie Village Liquor Store
216628 1,315 BRAUN INTERTEC CORPORATION Testing-Soil Boring Improvement Projects 2006
1000385 1,285 WALL TRENDS INC Contract Svcs-General Bldg Park Shelters
216652 1,275 FIRE SAFETY USA INC Protective Clothing Fire
1000321 1,271 FILTRATION SYSTEMS Supplies-HVAC City Hall-CAM
216812 1,265 GE CAPITAL Other Rentals IT Operating
216825 1,253 HENNEPIN COUNTY TREASURER Board of Prisoner Police
216626 1,253 BERRY COFFEE COMPANY Merchandise for Resale Concessions
216672 1,233 KEEPERS Clothing&Uniforms Police
216918 1,157 TKO WINES,INC Wine Imported Prairie View Liquor Store
216723 1,110 STREICHERS Clothing&Uniforms Police
216848 1,000 MARKETLINE RESEARCH,CORP Other Contracted Services Economic Development
216901 1,000 SHEILA K TRAINING INC Training Supplies Organizational Services
216801 996 DOMACE VINO Transportation Prairie View Liquor Store
216947 992 PETTY CASH
1000371 989 METRO SALES INCORPORATED* Other Rentals Facilities Staff
216715 989 SKY FOOD CATERING INC Supplies-Garden Room Garden Room Repairs
4413 967 CERIDIAN Garnishment Withheld General Fund
216635 961 CHRIS CAKES Special Event Fees Senior Center Programs
4409 920 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating
1000332 919 NEW FRANCE WINE COMPANY Transportation Prairie View Liquor Store
1000309 908 ANCHOR PAPER COMPANY Office Supplies Police
216630 908 BUCK,NATHAN Other Contracted Services Volleyball
216625 902 BERNICK'S WINE Wine Domestic Den Road Liquor Store
216856 900 MICHAELSON,ELIZABETH H Other Contracted Services Winter Theatre
216608 881 ALL GOALS INC Repair&Maint.Supplies Park Maintenance
1000323 848 GRAINGER Repair&Maint.Supplies Den Road Liquor Store
216860 831 MINNESOTA ELEVATOR INC Equipment Repair&Maint Utility Operations-General
216866 824 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
1000345 810 ASSOCIATED BAG COMPANY Operating Supplies Inspections-Administration
1000358 810 GRAINGER Repair&Maint.Supplies Water Treatment Plant
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
216718 802 SOUTH ST PAUL STEEL SUPPLY Repair&Maint.Supplies Park Maintenance
216920 802 TREES BY FORREST Other Contracted Services Tree Removal
216716 750 SNEEN,NICOLE D Other Contracted Services Broomball
216681 745 MENARDS Small Tools Fire
216753 743 FERRELLGAS Gas Outdoor Center
216657 730 GRAND PERE WINES INC Transportation Prairie View Liquor Store
1000319 727 EMERGENCY APPARATUS MAINTENANC Equipment Repair&Maint Fire
216689 705 MINNESOTA RESTAURANT&COMMERC Contract Svcs-Plumbing Senior Center
1000328 692 JEFFERSON FIRE&SAFETY INC Operating Supplies Fire
216806 663 FERGUSON WTERWORKS Equipment Repair&Maint Water System Maintenance
216852 660 MEDICINE LAKE TOURS Special Event Fees Trips
216699 650 ONE CALL NOW Other Contracted Services Street Maintenance
216829 650 HOUTZ,STEPHEN J Other Contracted Services Winter Theatre
216834 650 JANETSKI,BETH Other Contracted Services Winter Theatre
216760 640 RICK,ELIZABETH DEE Instructor Service Outdoor Center
216917 630 TITAN ENERGY SYSTEMS Contract Svcs-Fire/Life/Safe Fire Station#1
216722 624 STAPLES ADVANTAGE Office Supplies Customer Service
216871 618 NORTHERN AIR CORPORATION Other Contracted Services Cummins Grill House
216815 615 GRAND PERE WINES INC Transportation Den Road Liquor Store
216763 600 ZOTA SAFETY SERVICES LLC Tuition Reimbursement/School Fire
216656 595 GOVERNMENT FINANCE OFFICERS AS Dues&Subscriptions Finance
216877 589 OXYGEN SERVICE COMPANY Operating Supplies Fire
1000320 588 FASTENAL COMPANY Small Tools Fleet Operating
216789 583 CLAREYS INC Safety Supplies Fleet Operating
216661 569 HENNEPIN COUNTY I/T DEPT Equipment Repair&Maint Public Safety Communications
216775 556 ANDERBERG INNOVATIVE PRINT SOL Printing Police
216706 555 PRAIRIE EQUIPMENT COMPANY Repair&Maint.Supplies Fire
216622 553 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating
1000384 549 VINOCOPIA Liquor Den Road Liquor Store
216796 547 CUSTOM HOSE TECH Equipment Repair&Maint Fleet Operating
216780 541 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating
1000357 540 GOVDELIVERY Software Maintenance IT Operating
216737 538 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating
216675 530 LAW ENFORCEMENT OPPORTUNITIES Tuition Reimbursement/School Police
216614 528 AMERITRAK Other Contracted Services Snow&Ice Control
1000361 527 GUNDERSON,CONSTANCE L. Instructor Service Arts Center
216643 525 DE LAGE LANDEN FINANCIAL SERVI Other Rentals IT Operating
1000369 519 MATHESON TRI-GAS INC Repair&Maint.Supplies Water System Maintenance
1000322 511 G&K SERVICES Clothing&Uniforms Tree Disease
216691 495 MN CIT OFFICERS ASSOCIATION Tuition Reimbursement/School Police
216726 492 TAYLOR,EMILY Instructor Service Arts Center
216695 487 NETTIFEE,DIANE AR Utility Water Enterprise Fund
216685 485 MINNESOTA CHIEFS OF POLICE ASS Tuition Reimbursement/School Police
216803 480 EAST AFRICAN ASC Tuition Reimbursement/School Police
216665 476 INFRATECH Repair&Maint.Supplies Water System Maintenance
216807 458 FIRE SAFETY USA INC Protective Clothing Fire
216793 456 COREPOINTE Deposits Escrow
216832 449 INSTRUMENT CONTROL SYSTEMS INC Equipment Repair&Maint Water Treatment Plant
216687 446 MINNESOTA ELEVATOR INC Contract Svcs-Elevator Fitness/Conference-Cmty Ctr
216792 439 CONTINENTAL SAFETY EQUIPMENT Repair&Maint-Ice Rink Ice Arena Maintenance
216731 431 U S BANK Paying Agent G.O.Improvement Bonds 2003D
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
1000313 430 CDW GOVERNMENT INC. Other Hardware IT Operating
216688 428 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service
216709 427 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
1000326 422 GUNDERSON,CONSTANCE L. Instructor Service Arts Center
216696 417 NEW AMERICAN ACADEMY Other Contracted Services Housing and Community Service
1000324 414 GREATAMERICA LEASING CORP. Postage Customer Service
216891 409 PROP United Way Withheld General Fund
216818 407 GS DIRECT Operating Supplies Engineering
1000348 403 CENTER FOR HEALTHY LIVING Instructor Service Senior Center Programs
1000342 399 WALL TRENDS INC Contract Svcs-General Bldg Senior Center
216682 396 METRO FIRE Protective Clothing Fire
1000365 390 IKON OFFICE SOLUTIONS Office Supplies Utility Operations-General
216674 386 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Fire Station#3
216659 375 GYM WORKS Equipment Repair&Maint Fitness Center
216641 369 DAMA METAL PRODUCTS INC Equipment Repair&Maint Public Safety Communications
216802 365 EARL F ANDERSEN INC Signs Traffic Signs
216905 365 SOUTHWEST SUBURBAN PUBLISHING- Legal Notices Publishing City Clerk
216816 365 GRAPE BEGINNINGS Transportation Den Road Liquor Store
216676 364 MASTER CRAFT LABELS INC Repair&Maint.Supplies Fire
216637 360 CHRISTIANSEN,MIKE Other Contracted Services Basketball
216717 360 SOUTH CENTRAL TECHNICAL COLLEG Tuition Reimbursement/School Fire
216782 360 BERRY COFFEE COMPANY Merchandise for Resale Concessions
216644 350 DIETHELM,TAMMY L Other Contracted Services Pleasant Hill Cemetery
216766 350 MINNESOTA RURAL WATER ASSOCIAT Conference Expense Utility Operations-General
216874 350 OLSON,JOCELYN Other Contracted Services Winter Theatre
216693 350 MPX GROUP,THE Printing Winter Theatre
216853 349 MENARDS Repair&Maint.Supplies Water Wells
1000349 347 COMPRESSED AIR CONCEPTS LLLC Contract Svcs-General Bldg Public Works/Parks
216849 346 MASTER CRAFT LABELS INC Operating Supplies Prairie Village Liquor Store
216936 339 WORLD WIDE CELLARS INC Transportation Prairie View Liquor Store
216751 338 Z WINES USA LLC Transportation Den Road Liquor Store
216739 338 WATSON CO INC,THE Merchandise for Resale Concessions
216764 336 COMCAST Wireless Subscription IT Operating
216732 332 US HEALTH WORKS MEDICAL GRP MN Health&Fitness Fire
216910 325 STATE OF MINNESOTA Licenses&Taxes Water Treatment Plant
216912 319 STREICHERS Clothing&Uniforms Police
216919 314 TRANSACT TECHNOLOGIES,INC. Other Hardware IT Operating
216911 309 STRAND MANUFACTURING CO INC Equipment Repair&Maint Water Treatment Plant
216923 305 US HEALTH WORKS MEDICAL GRP MN Health&Fitness Fire
216730 300 TWIN CITY AREA LABOR MGMT COUN Conference Expense Engineering
216859 300 MINNESOTA DEPT OF LABOR AND IN Equipment Repair&Maint Utility Operations-General
216847 300 MAHMUTOVIC,DZEVAD Mileage&Parking Facilities Staff
1000316 299 CONNEY SAFETY PRODUCTS Equipment Repair&Maint Fire
216893 297 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
216809 293 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance
216862 288 MITTAG,MATT Refunds Environmental Education
216890 281 PREMIUM WATERS INC Operating Supplies Fire
1000333 280 NEW WORLD SYSTEMS Other Hardware Capital Maint.&Reinvestment
216629 277 BROTHERS FIRE PROTECTION Contract Svcs-Fire/Life/Sfty City Hall-CAM
216857 272 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Prairie View Liquor Store
216679 267 MATTS AUTO SERVICE INC Repair&Maint.Supplies Fire
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
216721 265 SPIRIT APPAREL&STUFF Operating Supplies Fitness Classes
216736 253 WAHLEN,RICK Mileage&Parking Utility Operations-General
216786 251 BOURGET IMPORTS Transportation Prairie Village Liquor Store
216605 250 STATE OF NORTH DAKOTA Tuition Reimbursement/School Police
216813 250 GLASER,CAPRICE Other Contracted Services Arts
216830 250 IN PLAIN SIGHT ART LLC Other Contracted Services Arts
216845 250 LUEDTKE,ALLISON Other Contracted Services Arts
216865 250 MSSA Dues&Subscriptions Fleet Operating
216823 249 HENNEPIN COUNTY UT DEPT Equipment Repair&Maint Public Safety Communications
216646 245 DUONG,NHUE AR Utility Water Enterprise Fund
216843 245 LEXISNEXIS Other Contracted Services Police
216797 239 D&D INSTRUMENTS Equipment Repair&Maint Fleet Operating
216826 236 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire
216686 234 MINNESOTA CONWAY Equipment Repair&Maint Fire
1000380 234 STATE SUPPLY COMPANY Supplies-Plumbing Senior Center
1000382 233 UPS Postage Water System Maintenance
216610 225 AMARA WINES LLC Transportation Prairie Village Liquor Store
216922 222 UNITED WAY United Way Withheld General Fund
216791 221 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund
216784 219 BOBBY&STEVE'S AUTO WORLD EDE Equipment Repair&Maint Police
216653 215 FORESTEDGE WINERY Wine Domestic Prairie View Liquor Store
216606 214 US POSTMASTER Postage Senior Center Admin
216885 214 PLUNKETT'S PEST CPMTROL INC Contract Svcs-Pest Control Fitness/Conference-Cmty Ctr
216873 208 OLSEN COMPANIES Operating Supplies Park Maintenance
216639 207 COMCAST Wireless Subscription IT Operating
216814 206 GOPHER STATE ONE-CALL OCS-Leak Detection Utility Operations-General
216708 202 PRODUCTION AUTOMATION CORPORAT Equipment Parts Public Safety Communications
216892 200 PUCHALSKI,MARY Instructor Service Arts Center
216916 200 TAMS-WITMARK MUSIC LIBRARY INC Other Contracted Services Summer Theatre
216906 198 SPANISHONPATROL.COM Other Contracted Services Police
216799 198 DE LAGE LANDEN FINANCIAL SERVI Other Rentals Facilities Staff
216769 194 AARP DRIVER SAFETY PROGRAM Other Contracted Services Senior Center Programs
216733 192 VARGAS,JOSHUA A Other Contracted Services Basketball
216805 192 ELIASON,STEVE J Other Contracted Services Basketball
1000308 190 ADAMS PEST CONTROL INC Contract Svcs-Pest Control City Hall-CAM
216926 190 VINOANDES Transportation Den Road Liquor Store
216772 190 AMERICAN BOTTLING COMPANY,THE Misc Taxable Prairie View Liquor Store
216649 189 EXTREME BEVERAGE Misc Taxable Prairie Village Liquor Store
216941 184 BLOOMINGTON SECURITY SOLUTIONS Supplies-Security Police City Center
216884 182 PINNACLE DISTRIBUTING Misc Taxable Den Road Liquor Store
216611 182 AMERICAN BOTTLING COMPANY,THE Misc Taxable Den Road Liquor Store
216850 176 MATSON,TOM Small Tools Fleet Operating
216623 175 BCA/CRIMINAL JUSTICE TRAINING Tuition Reimbursement/School Police
216820 175 HAYEN,LINDA Other Contracted Services Winter Theatre
216811 171 G&K SERVICES Clothing&Uniforms Fleet Operating
1000373 169 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store
216613 169 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store
216868 168 MUSSELL,KATELIN Other Contracted Services Volleyball
1000375 162 PRINTERS SERVICE INC Repair&Maint-Ice Rink Ice Arena Maintenance
216869 160 NOKOMIS SHOE SHOP Clothing&Uniforms Inspections-Administration
216804 158 EDEN PRAIRIE WINLECTRIC Building Repair&Maint. Park Maintenance
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
216728 156 TKO WINES,INC Wine Imported Prairie View Liquor Store
216640 154 CUB FOODS EDEN PRAIRIE Operating Supplies Police
216745 153 WOODLAND HILL VINEYARDS LLC Wine Domestic Prairie View Liquor Store
216810 150 FRANTZ,DOUGLAS Refunds Environmental Education
216711 150 REALTY HOUSE,THE AR Utility Water Enterprise Fund
216831 147 IND SCHOOL DIST 272 Facility Rtl-Tax Exempt Ice Rink#1
216880 145 PETERKIN,BRENNA Tuition Reimbursement/School Fitness Classes
216900 144 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie Village Liquor Store
216768 144 440400-NCPERS MINNESOTA PERA Health and Benefits
216783 142 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General
216648 141 ESBENSEN,GEORGE Travel Expense Fire
216788 140 CALIFORNIA CONTRACTORS SUPPLIE Small Tools Water Metering
216714 139 SHULTZ,JOHN Refunds Environmental Education
216621 136 BATTERIES PLUS Equipment Parts Fleet Operating
1000329 136 LAB SAFETY SUPPLY INC Safety Supplies Storm Drainage
216776 135 ASSOCIATION OF MN EMERGENCY MA Dues&Subscriptions Utility Operations-General
216938 135 XTREME INTEGRATION Other Contracted Services IT Operating
216677 135 MATSON,TOM Equipment Repair&Maint Storm Drainage
216844 135 LIBERTY PROPERTY LIMITED PARTN Deposits Escrow
216858 132 MINNESOTA CLAY CO.USA Operating Supplies Arts Center
216863 131 MORGAN CREEK VINEYARDS Wine Domestic Den Road Liquor Store
216680 131 MEHALOVICH,CHRIS AR Utility Water Enterprise Fund
216886 128 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Utility Operations-General
216620 125 BANK BEER CO Beer Prairie Village Liquor Store
216808 122 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police
216761 120 SOUTH CENTRAL TECHNICAL COLLEG Tuition Reimbursement/School Fire
216663 118 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire
216627 115 BOURGET IMPORTS Transportation Den Road Liquor Store
216662 113 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning
216710 108 RAY,LEE Other Contracted Services Basketball
1000331 106 METRO SALES INCORPORATED* Inside Equipment Repair&Main IT Operating
216636 100 CHRISTENSEN,TERRY Refunds Environmental Education
216707 100 PRIDEAUX,WILLIAM Refunds Environmental Education
216712 100 ROWLAND,JUDY AR Utility Water Enterprise Fund
216827 100 HOLLAND,DAVID Refunds Environmental Education
216924 100 VEURINK,JAMES Refunds Environmental Education
216925 100 VICKMAN,THOMAS Refunds Environmental Education
216828 98 HOLZ,BRIAN Refunds Environmental Education
1000327 97 JANEX INC Waste Disposal City Hall-CAM
216713 96 SCHIPULL,JEFF Other Contracted Services Basketball
216898 96 SCHIPULL,JEFF Other Contracted Services Basketball
216645 93 DIRECTV Cable TV Community Center Admin
216616 92 APCO INTERNATIONAL Dues&Subscriptions Fire
216840 92 KARST,LAVONNE E Other Contracted Services Volleyball
216703 90 PETTY CASH-EPCC Cash Over/Short Community Center Admin
216762 89 UNDESSER,JOHN Mileage&Parking Inspections-Administration
216647 88 EDEN PRAIRIE WINLECTRIC Repair&Maint.Supplies Dunn Brothers
216673 86 KRAEMERS HARDWARE INC Supplies-Pool Pool Maintenance
216894 81 RAY,LEE Other Contracted Services Basketball
216619 81 AT&T MOBILITY Pager&Cell Phone Water System Maintenance
216902 80 SOUTH CENTRAL TECHNICAL COLLEG Tuition Reimbursement/School Fire
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
1000355 78 FERGUSON ENTERPRISES#1657 Supplies-Plumbing Senior Center
216746 78 WROBLEWSKI,JOANN Deposits-P&R Refunds Community Center Admin
216684 76 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating
216759 75 NCEMSC EMS Supplies Fire
216875 74 OMEGA INDUSTRIES Safety Supplies Park Maintenance
1000363 73 HD SUPPLY FACILITIES MAINTENAN Supplies-HVAC City Hall-CAM
216694 73 MURRAY,MIKE AR Utility Water Enterprise Fund
216864 72 MPX GROUP,THE Printing Police
1000364 71 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance
1000318 71 DMX MUSIC Other Contracted Services Den Road Liquor Store
216855 70 METROPOLITAN FORD Equipment Parts Fleet Operating
216697 69 NICHOLS,JAMIE Other Contracted Services Volleyball
1000334 69 NUCO2 INC Supplies-Pool Pool Maintenance
1000366 68 JEFFERSON FIRE&SAFETY INC Repair&Maint.Supplies Fire
1000356 68 G&K SERVICES Clothing&Uniforms Utility Operations-General
1000378 66 QUICKSILVER EXPRESS COURIER Other Contracted Services Communications
216654 64 FSH COMMUNICATIONS LLC Telephone Round Lake
216765 64 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water System Maintenance
216724 63 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
216774 62 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store
216795 62 CRETEX CONCRETE PRODUCTS MIDWE Repair&Maint.Supplies Storm Drainage
216779 59 BATTERIES PLUS Operating Supplies Facilities Staff
216752 55 FAGNANT,SUSAN Instructor Service Outdoor Center
1000347 55 CDW GOVERNMENT INC. Office Supplies IT Operating
216642 53 DART PORTABLE STORAGE INC Equipment Repair&Maint Fire
216798 53 DART PORTABLE STORAGE INC Small Tools Fire
1000353 53 DMX MUSIC Other Contracted Services Prairie Village Liquor Store
216758 50 MINNESOTA CHAPTER IAAI Dues&Subscriptions Fire
216899 50 SEGER,KATHERINE L Instructor Service Arts Center
216927 50 VOS,PETER Refunds Environmental Education
216878 46 PAPER DIRECT INC Operating Supplies Street Maintenance
216824 46 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering
216800 46 DIRECTV Operating Supplies Police
216822 45 HEITKAMP,VOLLIE Tuition Reimbursement/School Fitness Classes
1000312 41 BOYER TRUCKS Equipment Parts Fleet Operating
216754 40 FUSCO,PAUL J Instructor Service Outdoor Center
216651 40 FERRELLGAS Equipment Parts Fleet Operating
216660 38 HANSON,KATHERINE A Deposits-P&R Refunds Community Center Admin
216618 37 ASPEN MILLS Clothing&Uniforms Police
216867 36 MULTIHOUSING CREDIT CONTROL Other Contracted Services Police
216915 36 TACTICAL COMMAND INDUSTRIES, Clothing&Uniforms Police
216633 35 CENTURYLINK Telephone Water Distribution
216609 34 ALM,APRIL Deposits Escrow
216928 34 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating
216607 32 AARESTAD,THOMAS AR Utility Water Enterprise Fund
216921 30 UNIFORMS UNLIMITED Operating Supplies Police
216937 25 XCEL ENERGY Electric Flying Cloud Off Leash Park
216692 23 MPCA Licenses&Taxes Sewer Utility-General
216778 23 AT&T MOBILITY Pager&Cell Phone Park Maintenance
1000379 21 SPS COMPANIES Repair&Maint.Supplies Water Treatment Plant
216777 21 AT&T Telephone E-911 Program
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
216678 20 MATTRESS GIANT AR Utility Water Enterprise Fund
216889 18 PRECISION SMALL ENGINE REPAIR Equipment Parts Fleet Operating
216638 17 COCKFIELD,BARBARA AR Utility Water Enterprise Fund
216632 16 CARLSON,JOANN Deposits-P&R Refunds Community Center Admin
216700 16 PAPPAS,PATRICIA A Deposits-P&R Refunds Community Center Admin
216701 16 PAULSEN GROUP AR Utility Water Enterprise Fund
216897 10 RUMFORD,JOAN Accounts Receivable Community Center Admin
216861 9 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods
216896 6 ROGERS,ANGIE Operating Supplies Senior Center Programs
216790 2 COMCAST Other Contracted Services Police
2,512,798 Grand Total
CITY COUNCIL AGENDA DATE:
SECTION: Ordinances and Resolutions March 6, 2012
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XI.A.
Community Development/Planning United Health Group 2012
Janet Jeremiah
Requested Action
Move to:
• Approve 2nd Reading of the Ordinance for Planned Unit Development District Review and
Zoning District Change from Rural to Office on 68 acres; and
• Adopt Resolution for Site Plan Review on 68 acres; and
• Approve the Development Agreement for United Health Group 2012.
Synopsis
This is final approval of a plan for 1,481,700 square feet of office.
Background Information
The landscape plans have been revised as follows:
1. Additional trees have been added to meet city code for tree placement.
2. Decorative plantings have been added to the plan adjacent to the proposed entrance
monument signs.
The 120-Day Review Period Expires on March 7, 2012.
Attachments
1. Ordinance for PUD District Review
2. Summary Ordinance
3. Resolution for Site plan Approval
4. Development Agreement
UNITED HEALTH GROUP 2012
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. 4-2012-PUD-1-2012
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, REMOVING
CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,
AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99
WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance (hereinafter, the
"land") is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be removed from the
Rural Zoning District and be placed in the Office Zoning District 4-2012-PUD-1-2012
(hereinafter "PUD-1-2012-OFC").
Section 3. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of March 6, 2012, entered into between United Health Care
Services, and the City of Eden Prairie, (hereinafter"Development Agreement"). The
Development Agreement contains the terms and conditions of PUD-1-2012-OFC, and are hereby
made a part hereof
Section 4. The City Council hereby makes the following findings:
A. PUD-1-2012-OFC is not in conflict with the goals of the Comprehensive Guide
Plan of the City.
B. PUD-1-2012-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-1-2012-OFC are justified by the design of the
development described therein.
D. PUD-1-2012-OFC is of sufficient size, composition, and arrangement that its
construction, marketing, and operation are feasible as a complete unit without
dependence upon any subsequent unit.
Section 5. The proposal is hereby adopted and the land shall be, and hereby is
removed from the Rural Zoning District, and placed in the Office Zoning District and shall be
included hereafter in the Planned Unit Development PUD-1-2012OFC 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
20th day of September, 2012, and finally read and adopted and ordered published in summary
form as attached hereto at a regular meeting of the City Council of said City on the 6th day of
March, 2012.
ATTEST:
Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on , 2012.
EXHIBIT A
Rezoning-Legal Description:
TRACT A PROPERTY DESCRIPTION:
Registered Property,Certificate No. 1020665
That part of the East 43 acres of the Northeast Quarter of the Northwest Quarter of Section 1,Township 116,Range
22,lying Southwesterly of the Southwesterly right of way line of State Highway No. 62,per Book 2622 of Deeds,
Page 255,and its westerly continuation,EXCEPT THAT PART lying southerly and southeasterly of the following
described line:
Commencing at the southwest corner of said East 43 acres of the Northeast Quarter of the Northwest Quarter;thence
North 01 degrees 27 minutes 16 second West,assuming the east line of said Northwest Quarter bears North 01
degrees 27 minutes 15 seconds West,a distance of 393.43 feet to the point of beginning of the line to be described;
thence South 89 degrees 18 minutes 59 seconds East,a distance of 620.61 feet;thence North 44 degrees 12 minutes
44 seconds East,a distance of 601.67 feet to said southwesterly right of way line of State Highway NO. 62 and said
centerline there terminating.
TRACT B:
PARCEL 1: That part of the following described parcel lying Northerly of a line 393.17 feet Northerly of,as
measured at a right angle to the South line of the North Half of the Northwest Quarter,Section 1,Township 116,
Range 22:
That part of the Northwest Quarter of the Northwest Quarter,Section 1,Township 116,Range 22 lying West of a
line drawn from a point on the North line of said Northwest Quarter of the Northwest Quarter distant 282.5 feet East
from the Northwest Corner of said Northwest Quarter of the Northwest Quarter to a point on the South line of said
Northwest Quarter of the Northwest Quarter distant 282.5 feet East from the Southwest corner of said Northwest
Quarter of the Northwest Quarter;Except that part of said Tract which lies West of a line drawn 40 feet East of the
following described"Line A":
Line"A":Beginning at a point on the South line of Section 36,Township 117,Range 22,distant 488.84 feet
Easterly of the Southwest corner of said Section 36;thence run Southerly from said line at an angle of 95 degrees 40
minutes 48 seconds as measured from the West to South for a distance of 1,638.23 feet to the actual point of
beginning of the line to be described;thence deflect to the right 180 degrees for a distance of 840 feet to a point
thereinafter referred to as Point"A",thence continue Northerly for a distance of 200 feet and there terminating.
Also except that part of the above described tract which lies West of the following described Line"B":
Line"B": Beginning at Point"A"on the above described Line"A";thence run Easterly at right angles to said Line
"A"for a distance of 40 feet to the actual point of beginning of the line to be described;thence deflect to the left 88
degrees 34 minutes 04 seconds for a distance of 600 feet and there terminating.
Also except that part of the above described tract which lies Northerly of a line drawn parallel with and distant 40
feet Southerly of the following described line,hereinafter referred to as:
Line"D": Beginning at a point on the North line of Section 1,Township 116,Range 22,distant 577.37 feet Easterly
of the Northwest corner of said Section 1;thence run Southwesterly along a curve tangent to said North line having
a radius of 409.26 feet(delta angle 47 degrees 57 minutes 23 seconds)for a distance of 342.55 feet;thence tangent
to said curve for a distance of 63.05 feet;thence deflect to the right along a tangential curve having a radius of
286.48 feet(delta angle 42 degrees 15 minutes 00 seconds)for a distance of 211.25 feet;thence tangent to said
curve for a distance of 326.31 feet and there terminating;according to the Government Survey thereof.
PARCEL 2: The North 350 feet of the West 164.15 feet of that part of the Northwest Quarter of the Northwest
Quarter,Section 1,Township 116,Range 22,lying East of a line drawn from a point on the North line of said
Northwest Quarter of the Northwest Quarter distant 282.5 feet East from the Northwest corner of said Northwest
Quarter of the Northwest Quarter to a point on the South line of said Northwest Quarter of the Northwest Quarter
distant 282.5 feet East from the Southwest corner of said Northwest Quarter of the Northwest Quarter,EXCEPT that
part of the above described land lying Northerly of the following described line: Commencing at a point on the
North line of said Northwest Quarter of the Northwest Quarter distant 577.37 feet East from the Northwest corner of
said Northwest Quarter of the Northwest Quarter;thence South,at a right angle to said North line a distance of 40
feet to the point of beginning of the line to be described;thence Southwesterly a distance of 309.07 feet along a
curve which is tangential to a line parallel with said North line and concave to the Southeast and having a radius of
369.26 feet and a central angle of 47 degrees 57 minutes 23 seconds;thence Southwesterly,tangent to said curve,a
distance of 63.05 feet and there terminating,according to the Government Survey thereof.
PARCEL 3: That part of the following described parcel lying Northerly of a line 393.17 feet Northerly of,as
measured at a right angle to the South line of the North Half of the Northwest Quarter,Section 1,Township 116,
Range 22:
That part of the Northwest Quarter of the Northwest Quarter, Section 1,Township 116,Range 22,described as
beginning at a point on the South line of said Northwest Quarter of the Northwest Quarter distant 282.5 feet East
from the Southwest corner of said Northwest Quarter of the Northwest Quarter;thence East along said South line a
distance of 557.5 feet;thence North to a point on the North line of said Northwest Quarter of the Northwest Quarter
distant 840 feet East from the Northwest corner of said Northwest Quarter of the Northwest Quarter;thence West
along said North line to a point 577.37 feet East from the Northwest corner of said Northwest Quarter of the
Northwest Quarter;thence South at a right angle a distance of 40 feet;thence Southwesterly a distance of 309.07
feet along a curve which is tangential to a line parallel with said North line and concave to the Southeast and has a
radius of 369.26 feet and a central angle of 47 degrees 57 minutes 23 seconds;thence Southwesterly,tangent to said
curve to an intersection with a line drawn North from the point of beginning to a point on the North line of said
Northwest Quarter of the Northwest Quarter distant 282.5 feet East from the Northwest corner of said Northwest
Quarter of the Northwest Quarter;thence South along the last described line to the point of beginning;EXCEPT that
part of the West 164.15 feet of the above described land lying within the North 350 feet of said Northwest Quarter
of the Northwest Quarter,according to the Government Survey thereof.
PARCEL 4: That part of the following described parcel lying Northerly of a line 393.17 feet Northerly of,as
measured at a right angle to the South line of the North Half of the Northwest Quarter,Section 1,Township 116,
Range 22:That part of the Northwest Quarter of the Northwest Quarter,Section 1,Township 116,Range 22,
described as beginning at a point on the North line of said Northwest Quarter of the Northwest Quarter distant 840
feet East from the Northwest corner of said Northwest Quarter of the Northwest Quarter;thence South to a point on
the South line of said Northwest Quarter of the Northwest Quarter distant 840 feet East from the Southwest corner
of said Northwest Quarter of the Northwest Quarter;thence East along said South line a distance of 30.94 feet,more
or less,to the Southwest corner of the East 63 acres of the North Half of the Northwest Quarter of said Section 1;
thence North along the West line of the East 63 acres of said North Half of the Northwest Quarter to the North line
of said Northwest Quarter of the Northwest Quarter;thence West along said North line a distance of 88.53 feet,
more or less,to the point of beginning,according to the Government Survey thereof.
PARCEL 5: That part of the West 20 acres of the East 63 acres of the North Half of the Northwest Quarter,Section
1,Township 116,Range 22,Hennepin County,State of Minnesota lying Southerly of the Southerly right of way line
of County Road No. 62,and lying Northerly of a line 393.17 feet Northerly of,as measured at a right angle to,the
South line of the North Half of the Northwest Quarter,said Section 1,according to the U.S.Government Survey
thereof.
Together with a non-exclusive easement(herein the"Private Easement")for roadway purposes over,under,across
and through that part of the South 393.17 feet of the Northwest Quarter of the Northwest Quarter of Section 1,
Township 116,Range 22,Hennepin County,Minnesota,described as follows:
Beginning at the intersection of the North line of said South 393.17 feet and the Easterly right-of-way line of County
Road No.61 as described in Document No. 970391;thence Easterly along said North line a distance of 600 feet;
thence Southerly at right angles a distance of 60.00 feet;thence Southerly and Northerly a distance of 188.50 feet
along a tangential curve concave to the North having a radius of 60 feet and a central angle of 180 degrees;thence
Westerly parallel with said North line to said Easterly right-of-way line of County Road No. 61;thence
Northwesterly along said Easterly right-of-way line to the point of beginning,(herein the"Easement Parcel").
Parcels 1 through 4 are registered property. Torrens Certificate Number 610726.
Parcel 5 is Abstract property.
TRACT B PROPERTY DESCRIPTION:
That part of the East 43 acres of the Northeast Quarter of the Northwest Quarter of Section 1,Township 116,Range
22,lying Southwesterly of the Southwesterly right of way line of State Highway No. 62,per Book 2622 of Deeds,
Page 255,and its westerly continuation,EXCEPT THAT PART lying northerly and northwesterly of the following
described line:
Commencing at the southwest corner of said East 43 acres of the Northeast Quarter of the Northwest Quarter;thence
North 01 degrees 27 minutes 16 second West,assuming the east line of said Northwest Quarter bears North 01
degrees 27 minutes 15 seconds West,a distance of 393.43 feet to the point of beginning of the line to be described;
thence South 89 degrees 18 minutes 59 seconds East,a distance of 620.61 feet;thence North 44 degrees 12 minutes
44 seconds East,a distance of 601.67 feet to said southwesterly right of way line of State Highway NO. 62 and said
centerline there terminating.
Commencing at the southwest corner of said East 43 acres of the Northeast Quarter of the Northwest Quarter;thence
North 01 degrees 27 minutes 16 second West,assuming the east line of said Northwest Quarter bears North 01
degrees 27 minutes 15 seconds West,a distance of 393.43 feet to the point of beginning of the line to be described;
thence South 89 degrees 18 minutes 59 seconds East,a distance of 620.61 feet;thence North 44 degrees 12 minutes
44 seconds East,a distance of 601.67 feet to said southwesterly right of way line of State Highway NO. 62 and said
centerline there terminating.
TRACT C PROPERTY DESCRIPTION:
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.
UNITED HEALTH GROUP 2012
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
SUMMARY OF
ORDINANCE NO. 4-2012-PUD-1-2012
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING
CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,
AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,
WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary: This ordinance allows rezoning of land located south of Highway 62, east
of Shady Oak Road, and north of City West Parkway from the Rural Zoning District to the
Office Zoning District on 68 acres. Exhibit A, included with this Ordinance, gives the full legal
description of this property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on , 2012.
(A full copy of the text of this Ordinance is available from City Clerk.)
UNITED HEALTH GROUP 2012
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2012-
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR UNITED HEALTH GROUP 2011
BY UNITED HEALTH CARE SERVICES
WHEREAS, United Health Care Services,has applied for Site Plan approval of United
Health Group 2012 to construct 1,481,700 square feet of office,by an Ordinance approved by the
City Council on March 6, 2012; and
WHEREAS, the Planning Commission reviewed said application at a public hearing at
its August 8, 2011 meeting and recommended approval of said site plans; and
WHEREAS, the City Council has reviewed said application at a public hearing at its
September 20, 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 United Health
Group 2012 based on the Development Agreement between United Health Care Services and the
City of Eden Prairie, reviewed and approved by the City Council on March 6, 2012.
ADOPTED by the City Council of the City of Eden Prairie this 6th day of March, 2012.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen A. Porta, City Clerk
DEVELOPMENT AGREEMENT
UNITED HEALTH GROUP 2012
THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of the
_day of , 2012 by United HealthCare Services, Inc. a Minnesota corporation, hereinafter
referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a
municipal corporation, hereinafter referred to as "City":
WITNESSETH:
WHEREAS, Developer has applied to City for: (1) Guide Plan Change from High
Density Residential to Office on 19 acres, Neighborhood Commercial to Office on 4.5 acres,
Regional Commercial to Office on 4.2 acres; (2) Planned Unit Development Concept Review on
71 acres; (3) Planned Unit Development District Review with waivers on 68 acres; (4) Zoning
District Change from Rural to Office Zoning District on 68 acres; (5) Site Plan Review on 68
acres; and(6) Preliminary Plat of 68 acres into 2 lots and 10 outlots, legally described on Exhibit
A (the "Property") which will be developed in one or more Phases (each defined as a "Phase"
and specifically identified herein as "Developer's Phase I," "Developer's Phase II," and
"Developer's Phase III" as shown in Exhibit 0), and Developer intends, subsequent to the
release of the plat contemplated herein, to further replat the Property to reflect these Phases.
NOW, THEREFORE, in consideration of the City adopting Resolution No.
for Guide Plan Change, Resolution No. for Planned Unit Development Concept
Review, Ordinance No. for Planned Unit Development District Review and Zoning
District Change from to on acres, Resolution No.
for Site Plan Review, and Resolution No. for Preliminary Plat,
Developer agrees to construct, develop and maintain the Property as follows:
1. PLANS: Developer shall develop the Property in conformance with the materials
reviewed and approved by the City Council on March 6, 2012, (hereinafter the "Plans")
and identified on Exhibit B, subject to such changes and modifications as provided
herein. The improvements contemplated in the Plans are referred to collectively herein as
the "Project.")
2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set
forth in Exhibit C.
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3. CONSERVATION EASEMENT FOR THE PROTECTION OF EXISTING
TREES ON THE PROPERTY: Prior to release of the final plat for the Property,
Developer shall submit a "Conservation Easement" in the form attached as Exhibit D, for
final review and written approval by the Director of Parks and Recreation Services over
that portion of the Property as delineated on the Plans as "Outlots A and C " Such
approval shall not be unreasonably withheld so long as the Conservation Easement is
substantially in the form shown in Exhibit D. 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 City Engineer proof that the Conservation Easement has been recorded in the
Hennepin County Recorder's Office/Registrar of Titles' Office.
Prior to issuance of the first building permit for the Property, and prior to recording of
any document affecting the Property, including any mortgage granted by the Developer
or owners, their successors and/or assigns, Developer shall permanently demarcate the
location of the boundary of the Conservation Easement on each lot property line or corner
of Outlots A-C with permanent four-foot tall posts. A 2 1/2 by 6 inch sign or decal reading
"Scenic/Conservation Easement Boundary, City of Eden Prairie", will be affixed to the
top of the post.
4. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a
violation of City Code relating to use of the Property 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 Property while such a violation is continuing, unless waived by City.
The existence of a violation of City Code or the failure to perform or fulfill an obligation
required by this Agreement shall be determined solely and conclusively by the City
Manager of the City or a designee.
5. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall
release, defend and indemnify City, its elected and appointed officials, employees and
agents from and against any and all claims, demands, lawsuits, complaints, loss, costs
(including attorneys' fees), damages and injunctions relating to any acts, failures to act,
errors, omissions of Developer or Developer's consultants, contractors, subcontractors,
suppliers and agents. Developer shall not be released from its responsibilities to release,
defend and indemnify because of any inspection, review or approval by City.
6. EXTERIOR MATERIALS: Prior to building permit issuance, Developer shall submit
to the City Planner, and receive the City Planner's written approval of a plan depicting
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exterior materials and colors to be used on the buildings on the Property. Such approval
shall not be unreasonably withheld so long as Developer's submittal is consistent with the
Plans.
Prior to issuance of any occupancy permit for the Property, Developer shall complete
implementation of the approved exterior materials and colors plan in accordance with the
terms and conditions of Exhibit C, attached hereto.
7. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION
PLANS:
A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the
grading and drainage plan contained in the Plans is conceptual. Prior to the
release of a land alteration permit for the Property, Developer shall submit and
obtain the City Engineer's written approval of a final grading and drainage plan
for the Property. Such approval shall not be unreasonably withheld so long as
Developer's submittal is consistent with the Plans. 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"
(defined to include items specified in the Plans, such as water quality ponding
areas, stormwater detention areas, and stormwater infiltration systems); and any
other items required by the application for and release of a land alteration permit.
All design calculations for storm water quality and quantity together with a
drainage area map shall be submitted with the final grading and drainage plan.
Prior to release of the grading bond, Developer shall certify to the City that the
Stormwater Facilities conform to the final grading plan and that the Stormwater
Facilities are functioning in accordance with the approved plans.
Developer shall employ the design professional who prepared the final grading
plan. The design professional shall monitor construction for conformance to the
approved final grading plan and Stormwater Pollution Prevention Plan (SWPPP).
The design professional shall provide a final report to the City certifying
completion of the grading in conformance the approved final grading plan and
SWPPP. In addition, the design professional retained by the Developer to
perform the monitoring of the Project shall be responsible for all monitoring, data
entry and reporting to the PermiTrack ESC web-based erosion and sediment
permit tracking program utilized by the City.
B. STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities,
including detention basins, retention basins or "Stormwater Infiltration Systems"
(defined to include such items specified in the Plans, such as rainwater gardens,
vegetated swales, infiltration basins, vegetated filters, filter strips, curbless
parking lot islands, parking lot islands with curb-cuts, traffic islands, tree box
filters, bioretention systems or infiltration trenches) shall be maintained by the
Developer during construction and for a minimum of two (2) full growing seasons
3
after completion of the development to ensure that soil compaction, erosion,
clogging, vegetation loss and channelization of flow are not occurring, and
thereafter by the current owner of the Property. Planting and Maintenance Plans
for the Stormwater Facilities must be submitted prior to release of the first
building permit for the Development
Developer shall employ the design professional who prepared the final grading
plan to monitor construction of the Stormwater Facilities for conformance to the
Minnesota Pollution Control Agency publication entitled "The Minnesota
Stormwater Manual" dated November 2005, the approved final grading plan and
the requirements listed herein.
All Stormwater Infiltration Systems shall be delineated with erosion control
fencing prior to construction. The Stormwater Infiltration Systems shall be
installed using low-impact earth moving equipment. Except for areas of structural
infiltration no equipment, vehicles, supplies or other materials shall be allowed in
the areas designated for stormwater infiltration once the Storm Water Infiltration
Systems are operational. In areas of structural infiltration Developer shall prior to
construction of the infiltration system provide a plan that addresses: (i)
construction management practices to assure the infiltration system will be
functional; (ii), erosion control measures; (iii) infiltration capacity; (iv)
performance specifications that the completed infiltration system must meet to be
considered functional by City and (v) corrective actions that will be taken if the
infiltration system does not meet the performance specification. .Pervious
surfaces shall be stabilized with seed and mulch or sod and all impervious
surfaces must be completed prior to final grading and planting of the Stormwater
Infiltration Systems.
Stormwater Infiltration Systems that are constructed under a building shall be
designed for maintenance access and installed in conformance with the standards
outlined in The Minnesota Stormwater Manual (November 2005) and/or the
Plans. The System shall be kept off-line until construction is complete. Field
verification of post-construction infiltration rates must be provided to the City
within 30 days after the first rainfall event of one-half inch or greater following
the Storm Water Infiltration Systems becoming operational. If the infiltration
rates are reduced by construction, a plan to restore adequate infiltration must be
provided within 90-days of the field test.
C. STORMWATER FACILITY MAINTENANCE: A Stormwater Maintenance
Plan must be provided for operation and maintenance of all Stormwater Facilities
to ensure they continue to function as designed in perpetuity. A Maintenance
Plan must be provided that identifies and protects the design, capacity and
functionality of onsite and offsite stormwater management facilities. The
Maintenance Plan must contain at a minimum: the party(s) responsible for
maintenance; access plans, inspection frequency; methods used for field
4
verification of infiltration for Stormwater Infiltration Systems; routine and non-
routine inspection procedures; sweeping frequency for all parking garages, patios,
and road surfaces; plans for restoration of reduced infiltration for Stormwater
Infiltration Systems; and plans for replacement of failed systems, all pursuant to
and in accordance with Eden Prairie City Code Section 11.55, Subd. 8.
Inspections of the Stormwater Infiltration Systems must be conducted at a
minimum of once annually during the first two years the Stormwater Infiltration
Systems are operational and should occur within 72-hours after a rainfall event of
one-inch or greater to verify infiltration.
All Stormwater Facilities shall be kept free of debris, litter, invasive plants and
sediment. Cleaning or removal of sediment, debris, litter or vegetation in
Stormwater Infiltration Systems that are constructed at-grade 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. Cleaning or removal of sediment and debris within underground
Stormwater Infiltration Systems shall be in accordance with the Maintenance
Plan.
After the two year period of maintenance, the current owner of the Property shall
continue to be responsible for maintenance of the Stormwater Facilities. This
shall include debris and litter removal, removal of noxious and invasive plants,
removal of dead and diseased plants, 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.
D. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to
issuance of a land alteration permit for any Phase, Developer shall submit to the
City Engineer and obtain City Engineer's written approval of Stormwater
Pollution Prevention Plan (SWPPP) for the portion of the Property affected by
that Phase as indicated in Exhibit O. Such approval shall not be unreasonably
withheld so long as Developer's submittal is consistent with the Plans and
Minnesota Pollution Control Agency (MPCA) requirements for a State SWPPP.
The SWPPP shall include all boundary erosion control features, temporary
stockpile locations, turf restoration procedures, concrete truck washout areas and
any other best management practices to be utilized within the Project. Prior to
release of the grading bond, Developer shall complete implementation of the
approved SWPPP.
8. GRADING IN THE WOODED AREAS ON SITE: Prior to grading within any of the
wooded areas on the Property, delineated in the "Significant Tree Inventory Plan" in
Exhibit E, Developer shall submit to the City Forester and receive the City Forester's
written approval of a plan depicting construction grading limits on the Property. Such
approval shall not be unreasonably withheld so long as Developer's submittal is
5
consistent with the Significant Tree Inventory Plan. Prior to the issuance of any land
alteration permit, Developer shall place a construction fence on the approved construction
grading limits. Developer shall notify the City and watershed district 48 hours in
advance of grading so that the construction limit fence may be field inspected and
approved by the City Engineer and City Forester. Developer shall maintain the
construction limit fence until written approval is granted by the City to remove the fence.
9. 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
for each Phase. Such approval shall not be unreasonably withheld so long as Developer's
submittal is consistent with the Plans. The irrigation plan shall be designed so that there
is onsite retention and water is not directed on or over public trails and sidewalks.
Developer shall complete implementation of the approved irrigation plan for a Phase in
accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy
permit for the Property for the relevant Phase.
10. 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 4,564 caliper inches. The approved landscape plan
shall be consistent with the quantity, type, and size of plant materials shown on the
landscape plan on the Plans. Developer shall furnish to the City Planner and receive the
City Planner's written approval of a security in the form of a bond, cash escrow, or letter
of credit, equal to 150% of the cost of said improvements as required by City Code.
Prior to issuance of any occupancy permit for the Property, Developer shall complete
implementation of the approved landscape plan in accordance with the terms and
conditions of Exhibit C.
11. LIGHT RAIL
11.1 "LRT" is, collectively, the light rail transit system, including but not limited to
tracks, corresponding station, Stormwater Facilities, park and ride, and transit
customer services (hereinafter collectively referred to as "LRT") to be dedicated
to the City on the plat of the Property as Outlots D-G (hereinafter referred to as
"LRT Outlot"). The area to be dedicated for the LRT Outlot is depicted on
Exhibit F as Outlots D-G. The Conservation Easement on Outlot C shall allow
the use of LRT. The City may convey the Outlot to such public entity as is
responsible for ownership of LRT facilities and real estate. The LRT Outlot shall
be used for the purposes of the operation of LRT or as open space unless the
parties agree in writing to another use (hereinafter referred to as "Alternative
Use"). The LRT Outlot will not be used to accommodate any stand alone retail
uses unless approved by Developer provided however no consent is necessary for
retail that does not have its own parking separate from the LRT parking structure
and that is attached to or contained within the LRT passenger station or parking
6
structure. The total amount of retail referred to above may occupy no more than
15% of the total square footage of LRT Outlot. No exterior signage is allowed for
this retail. If the LRT Outlot is transferred to the Developer for an Alternative
Use, Developer shall compensate the City for the fair market value of the LRT
Outlot at the time of transfer. If the parties are unable after 30 days to agree upon
the fair market value of the LRT Outlot, the value shall be determined as follows:
Each party shall select a licensed real estate appraiser who is an MAI member of
the Appraisal Institute and licensed by the State of Minnesota as a Certified
General Real Property appraiser. The two appraisers selected by the parties shall
select a third appraiser who meets the same qualifications as stated above. If the
two appraisers fail to identify a third appraiser within 10 days after identification
of the second appraiser, then either party hereto may petition the Hennepin
County District Court for the appointment of the third appraiser. The three
appraisers shall meet and determine the fair market value of the property. A
decision joined in by two of the three appraisers shall be binding on the parties.
Each party shall pay the fee of the appraiser selected by the party and both parties
shall share equally in the cost of the appraiser selected by the two appraisers.
11.2 The Developer agrees and consents to the construction, operation, maintenance,
upgrade, replacement and removal of LRT on the LRT Outlot and Outlot C
without any entitlement to any compensation or reimbursement, but this
agreement and consent shall not be considered agreement and consent to any such
activities outside of the LRT Outlot and Outlot C.
11.3 Developer agrees, as part of the approval of its Project:
i. to dedicate on the first plat the LRT Outlot for the purposes set forth in
this Section 11;
ii. to design the Project to allow for the construction of LRT within the LRT
Outlot in accordance with: (a) the terms of this Section 11, (b) the most
current information developed by the Metropolitan Council or other
designated LRT authority regarding location, access, elevation, and
number of parking spaces and (c) (if still applicable) in a form that
accommodates the concept plans developed by SRF as of August 1, 2011;
iii. to be responsible for the design costs of integrating the LRT stops, station,
utilities, access and parking facilities located within the LRT Outlot into
its plans, provided, however, the cost for construction of LRT shall be
paid for by the associated public authority; and
iv. to review and comment on LRT station plans within the LRT Outlot.
11.4 Except for LRT integration design costs discussed above, the costs related to
designing and constructing the LRT will be the responsibility of the associated
public entities.
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11.5 Beyond the density bonuses contained in Resolution No. for Planned Unit
Development District Review and Zoning District Change, Developer will neither
be reimbursed nor compensated for any property rights or air rights granted to or
taken by City or any other taking authority anywhere within the LRT Outlot or
Outlot C.
12. 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. Such approval shall not be unreasonably
withheld so long as Developer's submittal is consistent with the Plans. 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.
13. 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.
14. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City
Code requirements within the Office District through the Planned Unit Development
District Review for the Property and incorporates said waivers as part of PUD (list PUD
number):
• Building setback from 35 feet to 30 feet for Ramp A and Ramp B.
• Building height from 30 feet to 140 feet (bldg 1), 149 feet (bldg 2), 244 feet (bldg 3),
and 179 feet(bldg 4).
• Parking deck height from 15 feet to 88 (deck A), 76 (deck B), and 67 (deck C) feet.
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• Floor Area Ratio: from .50 to 1.19 for Lot 1, Block 1 and from .50 to 1.09 for Lot 1,
Block 2.
• Minimum parking dimension from 9 x19 to 8.5 x 18, and drive aisle from 25 feet to
24 feet.
• 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.
Wetland Structure Setback impacts of more than 10% of the surface area and structure
setback reduced from 15 feet as follows:
• A reduction to 17 feet between the structure setback for Building 2 and Wetland 1-
22A.
• A reduction to 17 feet at two points between the structure setback for Building 3 and
Wetland 1-22 A.
• A reduction to 17 feet between the structure setback for the northwest corner of
Building 4 and Wetland 1-22 A.
• A reduction to 5 feet for Parking Ramp B along the north half of Wetland-1-22-D
• A reduction to 10 feet for the Parking Ramp C along the east side of Wetland 1-21-C
and the north side of Wetland 1-21-B.
• A reduction to 5 feet for the northeast corner of the ground floor level of Building 2 at
points adjoining Wetland 1-22-A.
• A reduction to 10 feet for the north side of the ground floor level of Building 2 at
points adjoining Wetland 1-22-C.
• A reduction to 5 feet for the ground floor level of Building 3 at points adjoining
Wetland 1-22-A.
• A reduction to 6 feet for the southeast corner of the ground floor level of Building 3
at points adjoining Wetland 1-22-B.
• A reduction to 5 feet for the northwest corner of the ground floor level of Building 4
at points adjoining Wetland 1-22-A.
• A reduction to 10 feet for the west side of the ground floor level of Building 4 and
Wetland 1-22-A.
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• A reduction to 10 feet for the south side of the ground floor level of Building 4 and
Wetland 1-21-C.
• A reduction to 10 feet for the courtyard and entrance drive for Building 4 and
Wetland 1-21-A.
• A reduction to no structure setback for retaining walls adjacent to Wetlands -1-22-C
and-1-22-E.
• A reduction to 10 feet between Wetland 1-22-A and the paved trail that runs between
Pond 1-22-K and Wetland 1-22-A.
• A reduction to 10 feet for paved trails adjoining Wetland 1-21-B.
• 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.
Wetland Buffer Setbacks
• A reduction to zero (0) feet between Wetland 1-22-D and the structure setback for
Parking Ramp B.
• A reduction to zero (0) feet between the northeast corner of Wetland 1-22-A and
West 62nd Street.
• A reduction to zero (0) feet between the Wetland 1-21-A and West 62nd Street.
• A reduction to zero (0) feet between Wetland 1-22-C and the retaining wall along
West 62nd Street.
15. RETAINING WALLS: Prior to issuance by the City of any permit for grading or
construction on the Property, Developer shall submit to the Chief Building Official, and
obtain the Chief Building Official's written approval of detailed plans for the retaining
walls identified on the grading plan in the Plans. Such approval shall not be
unreasonably withheld so long as Developer's submittal is consistent with the Plans.
These plans shall include details with respect to the height, type of materials, and method
of construction to be used for the retaining walls.
Developer shall complete implementation of the approved retaining wall plan in
accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance
of any occupancy permit for the Property.
16. TRAFFIC AND ROAD IMPROVEMENTS: With the development of the Property
Developer will be responsible to pay certain of the costs associated with the design and
construction of the infrastructure improvements (hereinafter referred to as the
"Improvements") identified below and depicted on Exhibit G attached hereto in the
amounts specified in this Agreement.
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The costs of the Improvements shall include, in addition to actual construction costs,
related actual project expenses including but not limited to property acquisition, costs of
capitalized interest, legal expenses, engineering services, inspection, testing and bond
placement costs, remediation of hazardous waste or contamination, plus City
Administrative fees (hereinafter referred to as "Project Costs"). The current cost
estimates of the Project Costs are shown in Exhibit G-1 attached hereto. The
Improvements are separated into phases one, two and three and are referred to herein as
Phase One Improvements, Phase Two Improvements and Phase Three Improvements.
Improvements will be consistent with the layout depicted on Exhibit G.
A. The Phases are as follows:
1. Phase One Improvements:
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, specifically excluding trail
improvements on the west side of Shady Oak Road.
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 West 62nd Street including pedestrian and bicycle
accommodations from Shady Oak Road to approximately 650 feet east of
Shady Oak Road.
e. Widening and reconstruction of the Highway 62 northwest ramp.
f. Widening and reconstruction of the Highway 62 southwest ramp.
g. Reconstruction of the Shady Oak Road / 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
and specifically excluding the southbound right-turn lane on the north
approach to Old Shady Oak Road.
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2. Phase Two Improvements.
a. Reconstruction of City West Parkway North Segment 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 north-south
internal private road.
b. 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.
c. Shady Oak Road (CR 61) between the limits of the Phase One Improvements
(paragraph 16.A.1) and the City West Parkway South Intersection
(paragraphl6.A.2.b). The improvement includes the full reconstruction of
Shady Oak Road to a 4-lane divided roadway with turn lanes and pedestrian
and bicycle accommodations.
d. Highway 212 / Shady Oak Road (CR 61) interchange improvement. The
improvement includes the full reconstruction of the interchange including the
construction of a bridge with pedestrian and bicycle accommodations.
3. Phase Three Improvements.
a. Eastern segment of West 62nd Street. The improvement includes the
reconstruction of West 62nd Street including pedestrian and bicycle
accommodations from the termination of the western segment of the West
62nd Street improvements (paragraph 16.A.1.d) to east of the access point to
Building 4, including the termination of West 62nd Street as a cul-de-sac and
the removal of any unused portion of existing West 62nd Street. These
improvements shall be constructed by the opening of the LRT for passenger
service or by the time the certificate of occupancy for Phase Three (as
described in Exhibit 0) is issued, whichever occurs earlier. This date and the
terms of the Special Assessment Agreement in relation to the Eastern segment
of West 62nd Street may be extended only by mutual consent.
b. 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.
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c. Shady Oak Road (CR 61) between the limits of (i) the Phase One
Improvements (paragraph 16.A.1) and (ii) the City West Parkway South
Intersection (paragraphs 16.A.2.b. and 16.A.3.b.). The improvement includes
the full reconstruction of Shady Oak Road to a 4-lane divided roadway with
turn lanes and pedestrian and bicycle accommodations.
d. Highway 212 / Shady Oak Road (CR 61) interchange improvement. The
improvement includes the full reconstruction of the interchange including the
construction of a bridge with pedestrian and bicycle accommodations.
B. Payment for Phase One, Phase Two and Phase Three Improvements.
1. Phase One Improvements. Developer will pay 100% of the Project Costs in the
manner specified in, and subject to the limitations contained in, Section 18 below for the
Phase One Improvements (hereinafter referred to as the "Phase One Payment"). The
Phase One Payment will be limited to 100% of the Project Costs for the Phase One
Improvements identified above. The Phase One Improvements are required to be
constructed concurrent with the development of Developer's Phase I as identified in
Exhibit O.
2. Phase Two Improvements. If and when Developer receives a building permit
for Developer's Phase II as identified in Exhibit 0, Developer will pay in the manner
specified in, and subject to the limitations contained in, Section 18 below for the Phase
Two Improvements (hereinafter referred to as the "Phase Two Payment"). The Phase
Two Payment will be limited to the Project Costs for the Phase Two Improvements and
as follows.
(a) 100% of the Project Costs for 16.A. 2.a. above.
(b) 60% of the Project Costs for 16.A. 2.b. above.
(c) 14% of the Project Costs for 16.A.2.c. above.
(d) 8% of the Project Costs for 16.A.2.d above.
City and Developer acknowledge that the portion of Phase Two Improvements described
in paragraphl6.A.2.b-d. may not be complete prior to completion of Developer's Phase
II. City will not issue a Certificate of Occupancy for Developer's Phase II until
completion of the Phase Two Improvements identified in paragraph 16.A.2.a.
Developer's responsibility for Project Costs for the Phase Two Improvements will be
satisfied by the Phase Two Payment identified above.
3. Phase Three Improvements. If and when Developer receives a building permit
for Developer's Phase III as identified in Exhibit 0, Developer will pay in the manner
specified in, and subject to the limitations contained in, Section 18 below for the Phase
Three Improvements (hereinafter referred to as the "Phase Three Payment"). The Phase
Three Payment will be limited to the Project Costs for the Phase Three Improvements and
as follows:
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(a) 100% of the Project Costs for 16.A.3.a. above.
(b) 40% of the Project Costs for 16.A.3.b. above.
(c) 9% of the Project Costs for 16.A.3.c. above.
(c) 6% of the Project Costs for 16.A.3.d above.
The City will not issue a certificate of occupancy for Developer's Phase III until all the
Improvements, including Phase Three Improvements are completed. The Developer's
responsibility for Project Costs for the Phase Three Improvements will be satisfied by the
Phase Three Payment identified above.
C. Design and Construction of Improvements. The City will be responsible for the
design and construction of the above improvements. However, the City and Developer agree
that prior to construction of the improvements to the City West Parkway North Segment and the
West 62nd Street East Segment (16.A.2.a. and 16.A.3.a. respectively) they will jointly review the
options for constructing the improvements. Upon agreement between City and Developer the
responsibility for constructing improvements identified in 16.A.2.a and 16.A.3.a above may be
transferred to the Developer.
D. High Occupancy Vehicle (HOV) Bypass or Slip Ramp. The Developer will be
responsible for 33% of the Project Costs for a High Occupancy Vehicle (HOV) Bypass or Slip
Ramp for the Shady Oak Road South Ramp to eastbound Highway 62, but only if construction of
the Bypass or Slip Ramp commences prior to June 30, 2020.
17. RIGHT-OF-WAY DEDICATION: Concurrent with the development of the Property
Developer shall dedicate on the final plat at no cost to City that portion of the Property
that is required for the right-of-way required to accommodate the road improvements on
Shady Oak Road, West 62nd Street and City West Parkway. The Developer shall also
grant at no cost such temporary easements to the City as are needed for construction of
the improvements identified in Section 16 and such additional permanent right-of-way
reasonably necessary to accommodate the final design of the right-of-way improvements.
The City agrees to coordinate such construction so as to reasonably accommodate
Developer's Project schedule, but the City's construction will not hinder the issuance of
any certificate of occupancy unless City's construction is hindered by "Uncontrollable
Forces." For purposes of this Agreement Uncontrollable Forces shall mean any cause
beyond the control of Developer which by the exercise of due diligence Developer is
unable to prevent or overcome, including but not limited to, failure or refusal of any other
person or entity to comply with then existing contracts with Developer, an act of God,
fire, flood, explosion, strike, sabotage, pestilence, and act of the public enemy, civil and
military authority including court orders, injunctions, and orders of governmental
agencies with proper jurisdiction, insurrection or riot, and act of the elements, failure of
equipment, or inability of Developer or contractors engaged in work on the Project to
obtain or ship materials or equipment because of the effect of similar causes on suppliers
or carriers..
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18. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of the final plat by the
City for the Property, an assessment agreement, in the form and substance as attached in
Exhibit H (the "Assessment Agreement") shall be signed by the Developer with the City
for the Improvements identified above in Section 16 in an amount not to exceed
$10,550,000 for Phase One Improvements, $8,280,000 for Phase Two Improvements and
$6,210,000 for Phase Three Improvements.
The Assessment Agreement entered into for the Improvements shall provide that the
assessments will not be in an amount greater than the Project Costs of the Improvements
even if said amount is less than the maximum allowed in this Section 18. The special
assessments will burden the buildable lots, but not Outlots within the Property as shown
on the plat. Upon a re-platting of the Property, the assessments will be reapportioned
equitably(in accordance with Minn. Stat. §429.071 as if the assessments had been levied)
upon buildable lots but not on Outlots as shown on the re-plat. No pre-payment of the
assessments is permitted except as provided pursuant to the terms of the Assessment
Agreement attached as Exhibit H, provided however Developer may pay the total amount
of the Project Costs assigned to Developer for Improvements for a particular Phase
identified in Section 16 in cash provided such payment is made no later than four (4)
weeks before the date the Eden Prairie City Council sets the sale to issue bonds to finance
the construction of the respective Improvements.
The assessment for Phase One Improvements will not exceed $10,550,000 even if Project
Costs exceed this amount. The City may levy additional assessments for Phase Two
Improvements and Phase Three Improvements, which assessments are not subject to the
waivers contained in the Assessment Agreement and which assessments must be levied only
pursuant to the procedure set forth under Minnesota Statutes Section 429, which include
notice, hearing and opportunity for the Developer to object to such additional assessments.
Further such additional assessments for Phase Two Improvements and Phase Three
Improvements, if levied, are subject to the following restrictions: (i) the additional
assessments must pertain to work performed consistent with the scope as described in
Section 16 hereof and depicted in Exhibit G, page 1; and (ii) the additional assessments are
limited in amount to the increase in construction costs from those shown in Exhibit G-1 as
determined pursuant to the Engineering News Record, Construction Cost Index,
Minneapolis,with 2012 being the base year.
19. SIDEWALK AND TRAIL CONSTRUCTION: Prior to the opening of the LRT
Station on the LRT Outlot, Developer shall construct a trail with a paved, as approved
below, 10-12 feet in width plus a mowable maintenance strip no larger than two (2) feet
in width on both sides over Outlots J and H from the south property line near the
proposed roundabout on City West Parkway and adjoining residential development in the
City West development to the future location of the City West LRT Station. Immediately
following Metropolitan Council decision to proceed with the LRT the Developer shall
submit to the Director of Parks and Recreation Services and obtain the Director's written
approval of detailed plans and permanent easements for the trail. The Developer shall
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convey to the city easements for the trail in such locations as determined by the Director
of Parks and Recreation Services. All easements shall be 20 feet in width.
Bonding in accordance with City Code shall be required for the trail construction.
20. 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. Such approval shall not be
unreasonably withheld so long as Developer's submittal is consistent with the Plans. 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.
21. 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. Such approval shall not be unreasonably withheld so long as Developer's
submittal is consistent with the Plans. All pole lighting shall consist of downcast 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.
22. SPECIAL SERVICES DISTRICT: Developer shall file a petition with the City of
Eden Prairie in form and substance as attached hereto on Exhibit I and hereby consents to
the establishment of a special service district by the City under Minnesota Statutes §
428A.01 to 428A.101. Except as described below, Developer waives all rights to
objection, appeal and veto granted under law or in equity including but not limited to the
rights granted under Chapter 428A, including but not limited to the right to object under
§428A.02, Subd. 4, the right to appeal under §428A.02, Subd. 5 and the right to veto
under §428A.09, Subd 1, or the right to objection under §428A.09, Subd. 2 provided,
however, Developer retains its right to object that the allocation of service charges or
capital improvement charges is not spread on an equitable basis among the properties
included within the special service district. Developer waives any right to receive notice
of any and all public hearings to be held at which the adoption of an ordinance
establishing a special service district are to be considered and thereafter approved by the
City Council. Developer waives all rights to object to the validity of the special service
district, the inclusion of the Development Property within the special service district, the
amount of service charge imposed upon the Development Property except as provided
above as to a challenge that the charge is not spread on an equitable basis, (so long as
said charges are used to pay for improvements or increased services for property within
the special service district, including the adjacent right-of-ways and the Development
Property), or the procedures used by the City in establishing the special service district.
Developer hereby releases the City, its officers, agents and employees from any and all
liability related to or arising out of the establishment of the special service district. An
advisory board shall be formed by the Authority which will include the Developer as a
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member. Pursuant to Minnesota Statutes Section § 428A.07 before the adoption of any
proposal by the City Council to provide services or impose service charges within the
district, the advisory board of the district shall have an opportunity to review and
comment upon the proposal.
23. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the
construction of public streets and utilities for the Property, Developer shall submit to the
City Engineer, and obtain the City Engineer's written approval of plans for public streets,
sanitary sewer, water and storm sewer. Such approval shall not be unreasonably withheld
so long as Developer's submittal is consistent with the Plans and City standards,
specifications, and requirements. Plans for public infrastructures shall be of a plan view
and profile on 24 x 36 plan sheets consistent with all City standards. Prior to release of
the final plat for the Property, Developer shall furnish to the City Engineer and receive
the City Engineer's written approval of a surety equal to 125% of the cost of said
improvements. A permit fee of five percent of construction value shall be paid to City by
Developer for Developer installed infrastructure. The Developer shall employ a
consulting engineer who shall provide daily, inspections during active construction
activities of such duration as is required, certify completion in conformance to approved
plans and specifications and provide record drawings prior to release of any public
infrastructure sureties.
24. TRAIL EASEMENT: Within 15 days of request by the City the Developer agrees to
provide at no cost the necessary permanent and temporary trail easements to construct
and maintain an 8 to 12 foot wide public bituminous trail through proposed Outlot C and
Block 2, Lot 1. The trail will run 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. This trail is intended to be built at a future date either by the City
or other public entity. The permanent trail easement shall be submitted in form and
substance as shown in Exhibit J, for review and written approval by the Director of Parks
and Recreation Services.
25. TRAVEL DEMAND MANAGEMENT PLAN:
Prior to issuance of the building permit for each phase of the Property, Developer shall
submit to the Traffic Engineer and receive the Traffic Engineer's approval of a Travel
Demand Management (TDM) Plan. Such approval shall not be unreasonable withheld so
long as the TDM Plan is consistent with Exhibit K. The Developer shall implement the
TDM Plan at the site to help reduce traffic congestion. As part of the TDM Plan the
Developer shall construct shower facilities for each gender accessible to each building
and which will be available to all the employees in the building.
Prior to issuance of the building permit for each phase of the Property, Developer shall
furnish to the Traffic Engineer and receive the Traffic Engineer's approval of a TDM
performance bond, cash escrow, letter of credit in form and substance attached as Exhibit
L with a Minnesota bank approved by the City Manager or other guarantee acceptable to
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the City Manager (hereinafter referred to as the "Security") equal to 100% of the cost of
implementing the first two (2) years of the TDM Plan for each phase of the property as
shown in the budget contained in Exhibit K. The Developer shall initiate implementation
of the TDM Plan, including active marketing to its employees and all building tenants
and their employees 3 months after a certificate of occupancy has been issued.
The Security will be reduced to the Developer on a "draw-down" basis, in the following
manner:
A. The City will consider reduction or release of the Security at the following times:
- Upon completion of items associated with plan start up.
- After 1 calendar year of TDM plan implementation
- After 2 calendar years of TDM plan implementation and completion of the
plan evaluation as shown in Exhibit K.
B. To request a reduction or release of the Security the Developer shall submit to the
Traffic Engineer a letter requesting a reduction and a summary of the TDM
activities completed to date. A summary of the required information can be
obtained for the Traffic Engineer upon request.
C. The City shall have 30 business days to review requests for reduction or release of
the Security and provide indication of approval or objection to any part of the
request.
If the Developer fails to implement the TDM plan in accordance with its terms, the City
may draw upon the Security in whole or in part to pay the cost of implementation.
26. TREE LOSS - TREE REPLACEMENT: There are 13,161 diameter inches of
significant trees on the Property. Tree loss related to development on the Property is
calculated at 2,649 diameter inches. Tree replacement required is 709 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 676 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.
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Developer shall complete implementation of the approved tree replacement plan prior to
occupancy permit issuance.
27. INTENTIONALLY LEFT BLANK
28. 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. Such approval shall not be unreasonably withheld so long as
Developer's submittal is consistent with the Plans. 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 the Wetland Plan
is submitted after September 30th, the Landscaping must be completed by June
30th of the following year. If Landscaping of the wetland and/or wetland buffer
strip is required, the Developer shall submit a signed statement by a qualified
wetland consultant, as determined by the City Manager, stating that the wetland
and/or wetland buffer strip vegetation complies with all City requirements within
30 days of completion of the Landscaping of the wetland and/or wetland buffer
strip.
B. Annual Wetland and Wetland Buffer Strip Evaluation: 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
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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 Wetland Conservation/Scenic Easement attached as
Exhibit M, for review and written approval by the Environmental Coordinator, for
over that portion of the Property as delineated on the Plans as "Outlots B, F, H, I
and J." 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
and the Declaration of Covenants and Restrictions for wetland replacement or
mitigation as required by the Wetland Conservation Act (WCA) have been
recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office.
D. Wetland Buffer Strip Monuments: The Wetland Plan shall include a plan to
install all wetland buffer strip monuments for the property prior to the issuance of
Certificate of Occupancy for the particular phase in which the monuments are
required. The Security referred to in paragraph G below shall include the cost for
location, including surveying, and installation of the monuments. Wetland
buffer strip monument locations shall be shown on the final grading plan and final
plat. The 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 or his designee. 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. Long-Term Monitoring: Prior to release of the first building permit for any
portion of the Property a long-term monitoring plan for wetland hydrology and
20
wetland mitigation shall be submitted for review and written approval by the
Environmental Coordinator. The plan must be approved by the Watershed
District staff. For each development phase the plan shall be effective for a
minimum of 5 years after completion of that particular phase.
F. Functional Analysis Plan: A Plan to maintain or improve the proposed or
existing functions and values must be included in the Wetland Plan based on a
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.
G. 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.
29. ASSIGNMENT: Developer shall not assign this Agreement without the written consent
of the City which consent may be withheld in City's sole discretion. provided Developer
may assign this Agreement, without City'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 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 Developer.
30. PRIVATE DRIVEWAY AND SIDEWALK FOR PUBLIC USE: Prior to the release
of any final plat for the Property, Developer shall submit an easement for review and
written approval by the City Engineer that grants to the City for the benefit of the public
ingress, egress, access and use over the north-south internal private road and over the 5
foot wide concrete sidewalk along the east side of the north-south internal private road
shown on the Plans. The easement will reserve to the Developer the right to establish
rules governing use of and access to the easement area provided such rules shall not
unreasonably restrict public use for transportation or recreational purposes. The
easement will contain a provision that the easement creates a rebuttable presumption that
the easement area is not a"public forum"within the meaning of all applicable laws.
21
After approval by the City, Developer shall file the 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 City Engineer proof that this easement has been recorded in the Hennepin County
Recorder's Office/Registrar of Titles' Office.
31. ENVIRONMENTAL INDEMNITY AND HOLD HARMLESS: Prior to release of
the final plat for the Property, the Developer shall enter into the Environmental Indemnity
and Hold Harmless Agreement in the form attached as Exhibit N hereto.
22
IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to
be executed as of the day and year aforesaid.
UNITED HEALTHCARE SERVICES, INC. CITY OF EDEN PRAIRIE
By By
Restor Johnson Nancy-Tyra Lukens
Its Vice President, Real Estate Services Its Mayor
By
Rick Getschow
Its City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
2012, by Nancy Tyra-Lukens and Rick Getschow, respectively the Mayor and 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 , 2012, by
Restor Johnson, the Vice President, Real Estate Services, of United HealthCare Services, Inc., a
Minnesota corporation on behalf of the company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55344
23
EXHIBIT A - LEGAL DESCRIPTIONS
DEVELOPMENT AGREEMENT —UNITED HEALTH GROUP 2012
Legal Description Before Final Plat
Legal Description
(As per Schedule A of Commitment for Title Insurance from First American Title Insurance
Company, File No. NCS-484487-MPLS dated March 31, 2011)
Tract A:
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:
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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.
25
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
26
116, Range 22, Hennepin County, Minnesota.
(Abstract Property)
Legal Description After Final Plat
Lot 1, Block 1; Lot 1, Block 2; and Outlots A-J, City West Corporate Addition
27
EXHIBIT B
DEVELOPMENT AGREEMENT-UNITED HEALTH GROUP 2012
Cl Cover, dated February 21, 2012,by Westwood
C2 Existing Conditions, dated November 28, 2011, by Westwood
C3 Wetland Delineation Plan, dated November 28, 2011,by Westwood
C4 Tree Inventory Plan, dated November 28, 2011, by Westwood
C5 Tree Inventory List, dated February 21, 2012, by Westwood
C6 Tree Inventory List, dated February 21, 2012, by Westwood
C7 Site Plan dated February 21, 2012, by Westwood
C8 Phasing Plan, dated February 21, 2012,by Westwood
C8A Phasing Plan, dated February 21, 2012,by Westwood
C9 Grading Plan, dated February 21, 2012, by Westwood
C9A Protection Wall Plan, dated February 21, 2012, by Westwood
C9B 50-Scale Grading Plan-West, dated February 21, 2012, by Westwood
C9C 50-Scale Grading Plan- East, dated February 21, 2012, by Westwood
C9D Erosion Control Plan, dated February 21, 2012, by Westwood
C10 Wetland Alteration Plan, dated February 21, 2012,by Westwood
C11 Wetland Buffer Averaging, dated February 21, 2012, by Westwood
C12 Proposed Wetland Buffers, dated February 21, 2012, by Westwood
C12A Buffer Setbacks Plan, dated February 21, 2012,by Westwood
C12B City Wetland Buffer and Setback Plan, dated February 21, 2012,by Westwood
C13 Preliminary Storm Sewer Plan, dated February 21, 2012, by Westwood
C14 Preliminary Sanitary Sewer&Water Plan, dated February 21, 2012, by Westwood
C15 Tree Removal Plan, dated February 21, 2012,by Westwood
C16 Preliminary Plat, dated February 21, 2012,by Westwood
C17 Details, dated November 21, 2011, by Westwood
LANDSCAPE PLANS
L100 Landscape Site Plan, dated February 20, 2012, by Oslund and Assoc.
L200 Surfacing Plan, dated February 20, 2012, by Oslund and Assoc.
L300 Site Planting Plan , dated February 20, 2012,by Oslund and Assoc.
L301 Enlarged Planting Plan , dated February 20, 2012, by Oslund and Assoc.
L302 Enlarged Planting Plan dated February 20, 2012,by Oslund and Assoc.
L303 Enlarged Planting Plan dated February 20, 2012,by Oslund and Assoc.
L304 Enlarged Planting Plan dated February 20, 2012,by Oslund and Assoc.
L305 Enlarged Planting Plan, dated February 20, 2012,by Oslund and Assoc.
L306 Enlarged Planting Plan, dated February 20„ 2012, by Oslund and Assoc.
L307 Enlarged Planting Plan, dated February 20, 2012,by Oslund and Assoc.
L308 Landscape Tree Schedule, dated February 20, 2012, by Oslund and Assoc.
L309 Enlarged Planting Plan, dated February 20, 2012,by Oslund and Assoc.
L400 Irrigation Plan, dated February 20, 2012, by Oslund and Assoc.
28
L500 Signage Plan, dated February 20, 2012, by Oslund and Assoc.
ARCHITECTURAL PLANS
A020 Architectural Life and Safety Plan- Basement, dated February 21, 2012, by HGA
A021 Architectural Life and Safety Plan-First Floor, dated February 21, 2012,by HGA
A022 Architectural Life and Safety Plan-Second Floor, dated February 21, 2012, by HGA
A023 Architectural Life and Safety Plan-Typical Tower Floor, dated September 27, 2011,
by HGA
A024 Architectural Life and Safety Plan - Roof/Penthouse, dated September 27, 2011, by
HGA
A060 Basement, dated February 21, 2012,by HGA
A061 Overall Floor Plan dated February 21, 2012, by HGA
A062 Overall Floor Plan dated February 21, 2012, by HGA
A063 Overall Floor Plan, dated February 21, 2012, by HGA
A064 Overall Floor Plan Penthouse, dated February 21, 2012,by HGA
A065 Overall Roof Plan, dated February 21, 2012, by HGA
A250 Parking Garage Plan-Ramp A, dated February 21, 2012, by HGA
A251 Parking Garage Plan-Ramp B, dated September 13, 2011, by HGA
A252 Parking Garage Plan-Ramp C, dated July 18, 2011, by HGA
A409 Building Signage Study, dated July 25, 2011, by HGA
A410 Exterior Elevations Building 1, dated July 18, 2011,by HGA
A411 Exterior Elevations Building 2, dated July 18, 2011, by HGA
A412A Exterior Elevations - Building 3, dated July 18, 2011, by HGA
A412B Exterior Elevations - Building 3, dated July 18, 2011, by HGA
A413A Exterior Elevations - Building 4, dated July 18, 2011, by HGA
A413B Exterior - Building 4, dated July 18, 2011,by HGA
A421A Elevations-Ramp A, dated February 21, 2012, by HGA
A21B Elevations-Ramp A, dated February 21, 2012, by HGA
A22A Elevations-Ramp B, dated September 27, 2011, by HGA
A22B Elevations-Ramp B, dated September 27, 2011, by HGA
A423 Elevations-Ramp C, dated August 19, 2011,by HGA
A425 Parking Ramp A Sections dated February 21, 2012
A440 Office Building Enlarged Elevations and Typical Wall Sections, dated July 18, 2012,
by HGA
A441 Parking Ramp Enlarged Elevation and Typical Wall Sections, dated February 21,
2012,by HGA
SITE LIGHTING
E030 Site Photometric Plan, dated February 21, 2012, by HGA
29
EXHIBIT C
DEVELOPMENT AGREEMENT—UNITED HEALTH GROUP 2012
I. Prior to release of any building permit, Developer shall submit to the City Engineer for
approval two copies of a development plan (1" =100' scale) showing existing and
proposed contours, proposed streets, and lot arrangements and size, minimum floor
elevations on each lot, preliminary alignment and grades for sanitary sewer, water main,
and storm sewer, 100-year flood plain contours, Stormwater Facilities, tributary areas to
catch basins, arrows showing direction of storm water flow on all lots, location of walks,
trails, and any property deeded to the City.
II. Developer shall submit detailed construction and storm sewer plans to the Watershed
District for review and approval. Developer shall follow all rules and recommendations
of said Watershed District.
III. If Developer fails to proceed in accordance with this Agreement within twenty-four (24)
months of the date hereof, Developer, for itself, its successors, and assigns, shall not
oppose the City's reconsideration and rescission of any Rezoning, Site Plan review
and/or Guide Plan review approved in connection with this Agreement, thus restoring the
status of the Property before the Development Agreement and all approvals listed above
were approved.
IV. Provisions of this Agreement shall be binding upon and enforceable against the Property
and the Owners, their successors and assigns of the Property.
V. The Developer hereby irrevocably nominates, constitutes, and appoints and designates
the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to
identify the legal description of the Property after platting thereof.
VI. Developer represents that it has marketable fee title to the Property. 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");
30
C. That, to the best of Developer's knowledge, Developer has not allowed any other
person to use, employ, deposit, store, dispose of, place or otherwise have, in or on
the Property, any Hazardous Substances.
D. That, to the best of Developer's knowledge, no previous owner, operator or
possessor of the Property deposited, stored, disposed of, placed or otherwise
allowed in or on the Property any hazardous substances (except as identified in
the Phase I environmental report covering the Property prepared by Liesch
Associates, Inc. dated August 30, 2011.
Developer agrees to indemnify, defend and hold harmless City, its successors and
assigns, against any and all loss, costs, damage and expense, including reasonable
attorneys fees and costs that the City incurs because of the breach of any of the above
representations or warranties and/or resulting from or due to the release or threatened
release of Hazardous Substances which were, or are claimed or alleged to have been,
used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to
be located, in or on the Dedicated Property by Developer, its employees, agents,
contractors or representatives.
VII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11,
Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable
City ordinances affecting the development of the Property. Except as otherwise provided
in this Agreement, Developer agrees to develop the Property in accordance with the
requirements of all applicable City Code requirements and City Ordinances.
VIII. Prior to release of the final plat, Developer shall pay to City fees for the first three (3)
years' of new street lighting on the public streets adjacent to the Property (including
installation costs, if any, as determined by electrical power provider), engineering review
and new street signs.
IX. Developer shall submit detailed water main, fire protection, and emergency vehicle
access plans to the Fire Marshal for review and approval. Developer shall follow all the
recommendations of the Fire Marshal.
X. Developer acknowledges that the rights of City performance of obligations of Developer
contemplated in this agreement are special, unique, and of an extraordinary character, and
that, in the event that Developer violates, or fails, or refuses to perform any covenant,
condition, or provision made herein, City may be without an adequate remedy at law.
Developer agrees, therefore, that in the event Developer, after a reasonable opportunity to
cure, violates, fails, or refuses to perform any covenant, condition, or provision made
herein and City has not been made whole through the various security provisions of this
Agreement, 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
31
of anyone or more remedies shall not constitute a waiver of any other remedy.
XI. Developer shall, prior to the commencement of any improvements, provide written notice
to Comcast of the development contemplated by this Development Agreement. Notice
shall be sent to Comcast Cable, 9705 Data Park, Minnetonka, Minnesota 55343.
XII. Prior to building permit issuance, all fees associated with the building permit shall be
paid to the Inspections Department, including; Building permit fee, plan check fee, State
surcharge, metro system access charge (SAC), City SAC and City water access charge
(WAC), and park dedication. Contact Metropolitan Environmental Services to determine
the number of SAC units.
XIII. 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.
XIV. Prior to building permit issuance, provide two copies of an approved survey or site plan
(1" = 200 scale) showing proposed building location and all proposed streets, with
approved street names, lot arrangements and property lines.
XV. Except as required to meet the phased nature of the Project, the City shall not issue any
building permit for the construction of any building, structure, or improvement on the
Property until all requirements listed in this Exhibit C have been satisfactorily addressed
by Developer.
XVI. No failure of the City to comply with any term, condition, covenant or agreement herein
shall subject the City to liability for any claim for damages, costs or other financial or
pecuniary charges. No execution on any claim, demand, cause of action or judgment shall
be levied upon or collected from the general credit, general fund or taxing powers of the
City.
XVII. Prior to issuance of the first building permit for the Property, Developer shall
permanently demarcate the location of the boundary of the conservation easement on
each lot property line or corner with permanent posts mounted to a height of four foot
above grade and set at least 2.5 feet in the ground. A 3 by 8 inch sign or decal reading
"Scenic/Conservation Easement Boundary, City of Eden Prairie"will be affixed to the
top of the post.
XVIII. Within 10 days of the approval of the Development Agreement, the Developer shall
record the Development Agreement at the County Recorder and / or Registrar of Titles.
The final plat shall not be released until proof of filing of the Development Agreement is
submitted to the City.
XIX. The City is hereby granted the option, but not the obligation, to complete or cause
32
completion in whole or part of all of the Developer's obligations under this Agreement
for which a bond, letter of credit, cash deposit or other security (hereinafter referred to as
the "Security") is required if the Developer defaults with respect to any term or condition
in this Agreement for which Security is required and fails to cure such default(s) within
ten (10) days after receipt of written notice thereof from the City; provided however if
the nature of the cure is such that it is not possible to complete the cure within ten (10)
days, it shall be sufficient if the Developer has initiated and is diligently pursuing such
cure. The Developer acknowledges that the City does not assume any obligations or
duties of the Developer with respect to any such contract agreements unless the City shall
agree in writing to do so.
The City may draw down on or make a claim against the Security, as appropriate, upon
five (5) business days notice to the Developer, for any violation of the terms of this
Agreement or if the Security is allowed to lapse prior to the end of the required term. If
the obligations for which Security is required are not completed at least thirty (30) days
prior to the expiration of the Security and if the Security has not then been renewed,
replaced or otherwise extended beyond the expiration date, the City may also draw down
or make a claim against the Security as appropriate. If the Security is drawn down on or
a claim is made against the Security, the proceeds shall be used to cure the default(s) and
to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the
City in enforcing this Agreement.
XX. The Developer hereby grants the City, it's agents, employees, officers and contractors a
license to enter the Property to perform all work and inspections reasonably deemed
appropriate by the City in conjunction with this Agreement.
XXI. This Agreement is a contract agreement between the City and the Developer. No
provision of this Agreement inures to the benefit of any third person, including the public
at large, so as to constitute any such person as a third-party beneficiary of the Agreement
or of any one or more of the terms hereof, or otherwise give rise to any cause of action
for any person not a party hereto.
33
EXHIBIT D - CONSERVATION EASEMENT
(Paragraph 3)
DEVELOPMENT AGREEMENT—UNITED HEALTH GROUP 2012
THIS EASEMENT AGREEMENT is made this day of
2012, by and between United HealthCare Services, Inc. a Minnesota corporation, 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 City a
conservancy/scenic easement for conservation and preservation of the terrain and vegetation, and
to prohibit certain destructive acts thereon, over that portion of the Property as described in
Exhibit B, hereinafter referred to as the "Easement Area", attached hereto;
NOW, THEREFORE, in consideration of the premises contained herein, it is agreed by
the parties as follows:
1. Grantor hereby conveys to City and its successors and assigns a conservation and
scenic easement in, under, on, and over the Easement Area and City hereby
accepts such conveyance.
2. The following terms and conditions shall apply to the Easement Area:
A. The Easement Area shall be preserved predominantly in its natural
condition. No trees, shrubs, or other vegetation shall be planted or
removed from the Easement Area without the prior written consent of the
City. The City will consider removal of noxious weeds, as defined by
Minnesota Statutes Sections 18.76-18.88, upon submission and approval
of a Vegetation Management Plan. No vegetation cutting, fertilizer
application or placement of turfgrass, such as Kentucky bluegrass, shall
occur within the Easement Area.
B. No building, construction access, road, sign, billboard, utility, or other
structure shall be placed in the Easement Area without the prior written
consent of City. Light Rail Transit (LRT) use shall be allowed on Outlot
C.
C. Two LRT Access Trail systems (Trails) may be constructed over Outlots
34
A and C. One trail is proposed to connect the south property line of the
Property and the second is proposed to connect City West Parkway from
the west to a light rail station. The Trails are subject to the following
restrictions:
i. The Trail will be between 10-12 feet in width.
ii. The Trail will include a mowable maintenance strip no larger than
two (2) feet in width on both sides of the path.
iii. The Trail will include a paved or other type of surface.
iv. The Trail must avoid significant trees to the fullest extent possible.
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.
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, to the best of Grantor's knowledge, 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 (except as identified in the Phase I
environmental report covering the Property prepared by Liesch
Associates, Inc. dated August 30, 2011;
35
Grantor agrees to indemnify, defend and hold harmless City, against any and all
loss, costs, damage and expense, including reasonable attorney's fees and costs
that City incurs because of the breach of any of the above representations or
warranties and/or resulting from or due to the inaccuracy or falsity of any
representation or warranty herein.
4. Grantor agrees to permanently demarcate the location of the boundary of the
conservation easement on each lot property line or corner with permanent four-
foot tall posts. A 2 1/2 by 6 inch sign or decal reading "Scenic/Conservation
Easement Boundary, City of Eden Prairie",will be affixed to the top of the post.
5. Grantor agrees to maintain the Easement Area subject to the provisions stated
herein.
6. The duration of this easement is perpetual and shall bind and inure to the benefit
of the parties, their successors, and assigns.
7. Nothing contained herein shall impair any right of City now held or hereafter
acquired to construct or maintain public utilities in or on the Easement Area.
8. Provisions of this Easement shall be binding upon and enforceable against the
Property and the Grantor, their successors and assigns of the Property.
36
IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to
be executed as of the day and year aforesaid.
UNITED HEALTHCARE SERVICES, INC. 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
2012, by Nancy Tyra-Lukens, 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 , 2012, by
, the , of United HealthCare
Services, Inc., a Minnesota corporation on behalf of the company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55344
37
EXHIBIT E — GRADING LIMIT PLAN (Paragraph 8)
DEVELOPMENT AGREEMENT-UNITED HEALTHCARE SERVICES 2012
WKST B2ND STREET YELLOW CRUX DRIVE
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GRADING LIMITS
EXHIBIT E
38
EXHIBIT F — LRT OUTLOT (Paragraph 11)
DEVELOPMENT AGREEMENT-UNITED HEALTH GROUP 2012
WEST 82N0 STREET :\� YELLOW CIRCIE�Ri 4F
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EXHIBIT F
39
EXHIBIT G — ROAD IMPROVEMENT DRAWINGS (Paragraph
16)
DEVELOPMENT AGREEMENT-UNITED HEALTH GROUP 2012
Continued on next page
40
SHEET 1 OF 4
•
44110
PHASE THREE IMPROVEMENTS
[W 62N❑ ST - EAST SEGMENTS
_
['? .. _ 14A-
y '.I
• II - ,.�11 2.
:` sue; PHASE TWO
PHASE ONE --
°� IMPROVEMENTS
S IMPROVEMENT
s� � [CITY NEST PARKWAY - NORTH SEGMENT]
[SHADY
WY S RA AMPS O A NO _ -
W 62ND ST WES1'SEGMENT]
fislio T 1
•
„..r - ,,
[SHAOY OAK ROAD rpi 4 '± j
CENTRAL SEGMENT) S, si
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i�r+ 111
PHASE TWO & THREE - I.
IMPROVEMENTS 4' ''f&.:) .:. i y, ` �
I CITY WEST PARKWAY I e u` -•�•• ,.
SOUTH INTERSECTION] f
Y -•ram _ _I
•
[HIGHWAY 212/ A
SHADY OAK ROAD
INTERCHANGE) [FLYING CLOUD
DRIVE INTERSECTION)
V
mis, ___ EXHIBIT G
41
Exhibit G (Sheet 2 of 4)
Assessment Agreement Summary
February 27,2012
Project Phase One Phase Two Phase Three Total
Shady Oak Road,Hwy 62 ramps and $10,545,298.58 $10,545,290.56
W 62nd-West Segment
City West Parkway•North Segment 1,994,669.01 $1,994,669.01
W 62nd-East Segment $1,670,175.43 $1,870,175.43
Shady Oak Road Central Section $679,658.00 $436.923.00 $1,116,501.00
City West Parkway•South Irdersecton $3.588,157.50 $2,392,105.00 $5,980,262,50
TH 212!Shady Oak interchange $2114,507.50 S1,510,880.63 $3525,386.13
Flying Cloud Or Intersection $0.00
Total Assessment $10,550,000.00 $8,280,000.00 $6,210,000.00 $25,030,000.00
Agreement Cost Rounded
42
Exhibit G (Sheet 3 of 4)
Shady Oak Road North Segment
Cost Summary
February 27,2012
Shady Oak Road, City West Pim,-
Hwy 62 ramps and North mend W 62nd-East Segment Comments
W 62nd•West Segment (Phase Two) ( Three)
(Phase One)
Construction Estimate $6,770,687.88 $909,213.80 $1,087,684.40
Inflation Factor 1.06 1.12 1.16 3%per year
Total Construction Estimate $7,176,929.15 $1,018,319.46 $1,261,713.90
City 1 County Share' $698,053.40
Total Construction Estimate $6,478,875.75 $1,018,319.46 $1,261,713.90
Engineering $1,619,718.94 $254,579.86 $315,428.48 25%of Construction
Administrative Fee $323,943.79 $50,915.97 $63,085.70 5%Admin Fee(Construction)
Right•of-Way $825A00.00 $425,0 0.00 $0.00
Interest $339,096.60 $64,520.17 $59.931.41 Estimate based on 2012 to 2013 Consi
and 2013 Assessment 3.8%)
Contingency $958,663.51 $181,333.55 $170,015.95 10%All costs
Assessment $10,545,298.58 $1,994,r .01 $1,870,175,43
Agreement Cost
Includes conshuction costs for hail on west side of Shady Oak Road and forsouer6aund right turn al City West Parkway
43
Exhibit G (Sheet 4 of 4)
Shady Oak Road South Segment
Cost Summary
February 27,2012
Shady oak Road- City West Pkwy Highway 212I F Cloud Or
Central Segment South Intersection Shady Oak Interchange � � Comments
(Phases Two and Three) Phases Two and Three){Phases Two and Three)
Construction Estimate $1,'••,;i 1.00 $2,609,800.00 $13,203,500.00 $2,011,200.00
Inflation Factor 1.i6 1.16 1.16 1.16 5 years a13%
Total Construction Estimate $2,307,008.00 $3,027,368.00 $15,316,060.00 $2,367,792.00
Engineering $576,752.00 $756.842.00 $3.829,01500 $591,948.00 25%ofConstruction
Admirisirative Fee $0.00 $0.00 $0.00 $0.00 No Admin Fee
Rig1t4--Way $1,000,000.00 $1,000,000.09 $1,000,000.00 $500,000.00
Interest $0.00 $0.00 $0.00 $0.00 No Pre-Assessment Interest Costs
Contingency 8970,940.00 $1,196,052.50 $5,036268.75 $864,935.00 25%All costs
Total Project $4,854,700.00 $5,980,262.50 $25,181,343.75 $4,324,675.09
Cost Estimate
Phase Two 14% 60% 0% 0%
UHG Project Percentage
Phase Two-Assessment $679,658.00 $0,588,1$7,50 62,014,507.50 $0.00
Agreement Cost
Phase Three 9% 40% 6% 0%
UHG Project Percentage
Phase Three•Assessment $436,923.00 $2,392,105.00 61,510,080.63 $0.00
Agreement Cost
44
EXHIBIT H — SPECIAL ASSESSMENT AGREEMENT
(Paragraph18)
DEVELOPMENT AGREEMENT—UNITED HEALTH GROUP 2012
AGREEMENT REGARDING SPECIAL ASSESSMENTS
THIS IS AN AGREEMENT MADE THIS day of , 2012, between the City of
, a municipal corporation, (the "City") and United HealthCare Services, Inc., a
Minnesota corporation (the"Owner").
A. The Owner holds legal and equitable title to property described on Exhibit A which
property is the subject of this Agreement and is hereinafter referred to as the
"Property."
B. The Owner desires to develop the Property in such a manner that requires the
construction of the following public improvements (all of which is hereafter referred
to as the"Improvement").
C. The costs of the Improvements shall include, in addition to actual construction costs,
actual related project expenses including but not limited to property acquisition,
costs of capitalized interest, legal expenses, engineering services, inspection,
testing, and bond placement costs, remediation of hazardous waste or
contamination,plus City administrative fees.
D. The parties hereto desire to enter into an Agreement concerning the financing of the
construction of the Improvements all of which will inure to the benefit of the
Property.
E. The parties hereto have entered into that certain Development Agreement dated the
day of , 2012 hereinafter referred to as the Development Agreement.
Words and phrases herein have the same meaning as set forth in the Development
Agreement.
AGREEMENTS
IT IS HEREBY AGREED as follows:
1. The Owner consents to the levying of assessments against such portions of the
Property as described below in the amount of$10,550,000 for Phase One, $8,280,000 for
Phase Two and $6,210,000 for Phase Three all as described below. Phase One
Improvements may be levied over a term of up to 15 years. The term of the Phase Two
Improvements and the Phase Three Improvements shall be over a term of fifteen (15)
years (unless the Developer requests less) if the assessments are levied in the year the
first final plat is released to Developer. The term shall thereafter decrease by one year for
45
each year after the year in which the first final plat is released to Developer, provided
however the term shall in no event be shorter than seven (7) years (unless the Developer
requests less).
A. Phase One Improvements. The assessment levied for the Phase One
Improvements pursuant to this Agreement shall be limited to 100% of the Project Costs
for the western segment of West 62nd Street, and the northern segment of Shady Oak
Road (CR 61) specifically described below in a—g and identified as Phase One
Improvements on Exhibit B hereto. The assessment shall be levied upon substantial
completion of the Phase One Improvements. The Phase One Improvements are required
to be constructed concurrent with the development of Developer's Phase I. The Phase
One Improvements will be consistent with Exhibit B and include:
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, specifically excluding trail
improvements on the west side of Shady Oak Road.
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 West 62nd Street including pedestrian and bicycle
accommodations from Shady Oak Road to approximately 650 feet east of
Shady Oak Road.
e. Widening and reconstruction of the Highway 62 northwest ramp.
f. Widening and reconstruction of the Highway 62 southwest ramp.
g. Reconstruction of the Shady Oak Road / 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
and specifically excluding the southbound right-turn lane on the north
approach to Old Shady Oak Road.
B. Phase Two Improvements. The assessment for Phase Two Improvements
may be assessed in one or more levies. The initial assessment for Phase Two
Improvements may be levied simultaneous with the issuance of a building permit for
46
Developer's Phase II. The assessment levied for Phase Two Improvements pursuant to
this Agreement shall be limited to the Project Costs as set forth below in a-d. and
identified as Phase Two Improvements on Exhibit B. The Phase Two Improvements and
project percentages to be assessed for Phase Two Improvements are as follows:
a. 100% of the Project Costs for the reconstruction of City West Parkway
North Segment 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 north-south internal private road.
b. 60% 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.
c. 14% of the Project Costs for Shady Oak Road (CR 61) between the limits
of the improvements constructed as part of Phase One Improvements and the
City West Parkway South Intersection (improvement b. 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.
d. 8% 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 a bridge with pedestrian and
bicycle accommodations. For the purposes of cost participation the associated
improvements at the City West Parkway South Intersection (improvement b.
above) and the Flying Cloud Drive Intersection will be considered separate
projects.
C. Phase Three Improvements. The assessment for Phase Three
Improvements may be assessed in one or more levies. The initial assessment for Phase
Three Improvements may be levied simultaneous with the issuance of a building permit
for Developer's Phase III. The assessment levied for Phase Three Improvements pursuant
to this Agreement shall be limited to the Project Costs as set forth below in a-d and
identified as Phase Three Improvements on Exhibit B. The Phase Three Improvements
and percentages to be assessed for Phase Three Improvements are as follows:
a. 100% of the Project Costs for the eastern segment of West 62nd Street.
The improvement includes the reconstruction of West 62nd Street including
pedestrian and bicycle accommodations from the termination of the western
segment of the West 62nd Street improvements (item 1.A.d. above) to east of
the access point to Building 4, including the termination of West 62nd Street as
a cul-de-sac and the removal of any unused portion of existing West 62nd
Street. These improvements shall be constructed by the opening of the LRT
47
for passenger service or by the time the certificate of occupancy for
Developer's Phase III (as described in Exhibit 0 of the Developer's
Agreement) is issued, whichever occurs earlier. This date and the terms of the
Special Assessment Agreement in relation to this project may be extended
only by mutual consent.
b. 40% 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.
c. 9% of the Project Costs for Shady Oak Road (CR 61) between the limits
of the improvements constructed as part of Phase One Improvements and the
City West Parkway South Intersection (improvement b. 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.
d. 6% 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 a bridge with pedestrian and
bicycle accommodations. For the purposes of cost participation the associated
improvements at the City West Parkway South Intersection (improvement b.
above) and the Flying Cloud Drive Intersection will be considered separate
projects.
Assessments for each of the above identified Phase One Improvements, Phase Two
Improvements and Phase Three Improvements will not be in an amount greater than the
Project Costs for the Improvements, as defined in Paragraph C on page one hereof for that
particular Phase even if said amount is less than maximum allowed in this paragraph 1,
provided however the assessment for Phase One Improvements will not exceed$10,550,000
even if Project Costs exceed this amount. The City may levy additional assessments for
Phase Two and Phase Three Improvements, which assessments are not subject to the
waivers contained in assessment agreement and which assessments must be levied only
pursuant to the procedure set forth under Minnesota Statutes Section 429, which include
notice, hearing and opportunity for the Developer to object to such additional assessments.
Further such additional assessments for Phase Two Improvements and Phase Three
Improvements, if levied, are subject to the following restrictions: (i) the additional
assessments must pertain to work performed consistent with the scope as described in
Section 16 of the Development Agreement and depicted in Exhibit B,page 1 hereof; and(ii)
the additional assessments are limited in amount to the increase in construction costs as
determined pursuant to the Engineering News Record, Construction Cost Index,
Minneapolis,with 2012 being the base year.
48
2. The City's assessment records for the Property will show the assessments for Phase
One as a "pending assessment" until levied, the assessments for Phase Two as a
"pending assessment" when an application for a building permit is filed for
Developer's Phase II and the assessments for Phase Three as a "pending
assessment"when an application for a building permit is filed for Developer's Phase
III.
3. The Owner waives notice of any assessment hearing to be held at which hearing or
hearings the assessments are to be considered by the City Council and thereafter
approved and levied.
4. The Owner concurs that the benefit to the Property by virtue of the Improvements to
be constructed exceeds the amount of the assessment to be levied against the Land.
The Owner waives all rights it has by virtue of Minnesota Statute 429.081 or
otherwise to challenge the amount or validity of the assessments, or the procedures
used by the City in apportioning the assessments and hereby releases the City, its
officers, agents and employees from any and all liability related to or arising out of
the imposition or levying of the assessments.
5. This Agreement shall be effective immediately.
6. This Agreement may not be terminated or amended except in writing executed by
both parties hereto, provided however upon the levying of the special assessments
contemplated by Paragraph 1 hereof the City may upon request of the owner of the
property affected,without the necessity of further City Council approval,unilaterally
prepare and provide to the owner for recording a document releasing any property so
levied from this Agreement.
7. This Agreement constitutes a lien upon the Property until such time as the
assessments referred to above are levied.
8. Partial pre-payments of special assessments is not allowed. Full pre-payment of
special assessments is not allowed unless the Owner pays to the City at the time of
the proposed pre-payment a sum equal to X minus Y where X is total principal and
interest payable to the City over the full term as levied and Y is the total principal
and interest to be paid to the City as a result of a full pre-payment.
49
UNITED HEALTHCARE SERVICES, INC. CITY OF EDEN PRAIRIE
A Minnesota Municipal Corporation
By: By:
Its:
Its:
Mayor
By:
Its: City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ,
2012, by Nancy Tyra-Lukens, the Mayor, and Rick Getschow, the City Manager, of the City of
Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ,
2012, by , the , of United
HealthCare Services, Inc., a Minnesota corporation on behalf of the company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
50
EXHIBIT A — to SPECIAL ASSESSMENT AGREEMENT
51
EXHIBIT B — to SPECIAL ASSESSMENT AGREEMENT
52
EXHIBIT I — PETITION FOR SPECIAL SERVICE DISTRICT
(Paragraph 22)
DEVELOPMENT AGREEMENT—UNITED HEALTH GROUP 2012
PETITION
United HealthCare Services, a Minnesota corporation, hereby requests that the City of Eden
Prairie, under Minnesota Statutes § 428.08, as follows:
That the City hold a public hearing on the adoption of an ordinance to establish a special service
district which includes the Development Property;
That the City hold a public hearing on the imposition of a service charge based on net tax
capacity to be imposed upon the Development Property; and
That the City holds a public hearing on the imposition of a service charge other than one based
on net tax capacity to be imposed upon the Development Property.
UNITED HEALTHCARE SERVICES,
By:
Its:
53
EXHIBIT J — TRAIL EASEMENT (Paragraph 24)
DEVELOPMENT AGREEMENT—UNITED HEALTH GROUP 2012
TRAIL EASEMENT
United HealthCare Services, Inc. a corporation organized under the laws of the State of
Minnesota Delaware ("Grantor") hereby grants and conveys this day of
to City of Eden Prairie, a municipal corporation organized under
the laws of the State of Minnesota ("Grantee") an easement ("Easement") for the
following uses and purposes and subject to the following terms and conditions on, over,
under and across real property in the County of Hennepin, State of Minnesota and
described in Exhibit A and made a part of("Easement Parcel").
1. Uses and Purposes.
The Easement shall be for the following purposes and uses of the Easement Parcel:
A. To construct, maintain and replace a trail at City expense;
B. For pedestrian travel by the public in or on non-motorized vehicles;
C. For travel by the public in or on motorized vehicles authorized by Grantee;
D. To remove, cut and trim trees, shrubs and vegetation.
2. Nonexclusive.
The Easement shall be nonexclusive; provided, however, this Easement shall be prior to
and superior to any other easement hereinafter granted. Any future easement shall be
subject to and subordinate to, and shall not interfere with, the Easement without the
consent, in writing, of Grantee.
3. Duration of Easement.
The Easement shall be perpetual, shall run with the land, shall be binding upon Grantor
and its successors and assigns and shall be for the benefit of Grantee and its successors
and assigns.
54
IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be
executed as of the day and year aforesaid.
UNITED HEALTHCARE SERVICES, INC CITY OF EDEN PRAIRIE,
a Minnesota corporation a Minnesota municipal corporation
By: By:
Nancy Tyra-Lukens
It's Its Mayor
By:
Rick Getschow
It's City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
This instrument was acknowledged before me on , 2012, by Nancy
Tyra-Lukens and Rick Getschow, the Mayor and City Manager, respectively, of the City of Eden
Prairie, a municipal corporation organized under the laws of the State of Minnesota, on behalf of
said corporation.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ,
2012, by , the , of United
HealthCare Services, Inc., a Minnesota corporation on behalf of the company.
Notary Public
Drafted By:
City of Eden Prairie
Engineering Department
8080 Mitchell Road
Eden Prairie, MN 55344
55
Exhibit A
Legal Description
56
EXHIBIT K — TDM PLAN (Paragraph 25)
DEVELOPMENT AGREEMENT—UNITED HEALTH GROUP 2012
TRAVEL DEMAND MANAGEMENT PLAN
10401 West 62nd Street Eden Prairie Minnesota 55344
I) INTRODUCTION/PROJECT DESCRIPTION
UHG plans to build a 1,300,000 square foot office complex east of Shady Oak Road and south of
West 62nd Street in Eden Prairie, Minnesota. The project is designed to provide office space for
approximately 6,600 employees and include of approximately 6,400 total parking spaces.
The four new buildings will be built in three phases on a 71 acre parcel of property. The
occupancy of the project is anticipated to occur in stages between November 2013 and May
2016.
II) OBJECTIVE OF TRANSPORTATION DEMAND MANAGEMENT
PROGRAM
The objective of the Transportation Demand Management (TDM) Program is to assist in the
reduction of traffic congestion during the peak travel hours. This TDM Plan identifies actions to
be taken by UnitedHealth Group. It includes strategies to manage travel demand and minimize
peak period site-generated traffic.
The regional Transit 2020 Master Plan (Metropolitan Council, Feb. 2000) seeks to capture 10%
of the travel-demand growth in the region over the next twenty years by doubling the capacity of
the transit system. Since a doubling of the transit system will still leave large gaps in suburb-to-
suburb service, carpooling and vanpooling are important travel demand management strategies
for suburban work locations.
The goal of this TDM Plan is to increase by 5% the daily commuters who use an alternative to
driving alone such as light rail transit, bus, carpool, vanpool, bicycle, walking or telecommuting
within two years of occupancy of the each phase.
III) TRANSPORTATION DEMAND MANAGEMENT PROGRAM
This TDM Plan and related programs are designed to support the use of alternative methods of
transportation other than a single occupancy vehicle.
57
Employee Transportation Coordinator
The UHG Property Transportation Coordinator (PTC), Elizabeth Garcia (or another UHG
designee), will act as the Employee Transportation Coordinator for the UnitedHealth Group
project. The PTC will maintain and monitor TDM activities and will serve as liaison to 494
Corridor, Metro Commuter Services and Metro Transit/Southwest Transit. The Property
Transportation Coordinator will also serve as the conduit for providing up-to-date information on
alternative commute programs and incentives to all building occupants. The Transportation
Coordinator will devote up to 30% of her time to the TDM plan for this location.
Communications and Education
Communication strategies may include an intranet site, newsletters, commuter bulletin board,
and on-site commuter fairs and discussions (e.g. highway construction updates).
The Property Transportation Coordinator will:
• Make available to UHG employees information on various bus incentive programs (e.g.
MetroPass, Transit Works! and Commuter Check program) as well as vanpool incentives
(e.g. Van-GO program).
• Set up and maintain a display of commuter information-to be supplied by Southwest
Transit, Metro Transit and 494 Corridor, and will include transit schedules, rideshare
applications, bike information, Guaranteed Ride Home Program brochures, and similar
materials. To maintain an awareness of alternative modes of transportation, information
will be distributed through e-mail, flyers, posters in frequented locations, and in common
areas with in the buildings.
• Promote alternative modes of transportation during a designated month each year as well
as through an annual Commuter Challenge event. Participation may include a Commuter
Fair to inform and assist employees in finding and using the most efficient and cost
effective alternative transportation modes.
• Provide and operate on-site facilities including a fitness center, cafeteria, convenience
store and employee clinic to encourage employees to commute outside of peak traffic
times and thereby eliminate the need for extra trip(s) out of the work day.
• Require truck and/ or service deliveries to occur outside of peak traffic times. This
excludes FedEx and UPS deliveries.
• As major road construction projects occur, review opportunities to provide alternate
commuting options for affected employees.
58
• Cooperate with 494 Corridor in conducting an initial survey of baseline employee
commuting habits along with a periodic follow-up survey to document progress made
through the TDM plan after one year of occupancy.
• Provide and/or direct commuters to information on transit schedules and Metro Transits
Commuter Programs such as Rideshare and Guaranteed Ride Home (GRH) programs; all
information for these alternatives is attainable through 494 Corridor.
• Distribute a commuter newsletter to employees and contractors with rideshare matching
services, the GRH program, commuter news, information on discounted bus pass
programs such as Transitworks and Metropass and special commuter events. Metro
Commuter Services will provide a regular newsletter (e.g. Fast Lane) which can be
adapted to include details particularly relevant to the UnitedHealth Group Buildings.
• Provide a link between the property manager website and/or the UnitedHealth Group
intranet site to the 494 Corridor website at www.494corridor.org
C arpool/V anp ool Incentives
UnitedHealth Group will designate preferential parking spaces for carpool and vanpool, equal to
approximately 3% of the total parking spaces. Preferential carpool spaces will be located in the
most desirable location (i.e. the next closest spaces to the building entrance after handicapped
and visitor spaces) of the parking ramp. UnitedHealth Group will provide the signs designating
the carpool/vanpool parking spaces.
If the number of carpools and vanpools vehicles exceeds the original number of designated
carpool/vanpool spaces, additional carpool/vanpool spaces will be added. The PTC will evaluate
the use of car/van pool spaces after each year and adjust the number of spaces accordingly, and
ensure appropriate use of those spaces.
The 494 Corridor agency will assist the PTC with arranging carpool and/ or vanpool locations
that are not currently served by existing bus routes. A minimum of six people from the proximate
business neighborhood is needed to start a vanpool. The PTC will inform commuters of the
attractive regional incentives for vanpooling. These incentives include:
• Van-GO program, in which the Metropolitan Council contributes 55% of the van lease
cost
• Van Driver incentives including use of the van for personal activities up to 250
miles/month, $100 bonus after 6 months and a $100 bonus each year thereafter, and no
fare for participating in the vanpool.
• A "pushpin map" will be provided at commuter fairs as to where potential carpoolers
could indicate origination point and connect with other carpoolers.
The Objective of the pooling programs is that when combined these incentives allow commuters
to vanpool to work for approximately the cost of an Express Bus Pass.
59
Promote Ridesharing
The PTC will distribute rideshare information provided by 494 Corridor and other program
applications. Regional ride matching and the GRH program are sponsored by Metro Transit
Commuter Services.
Promote Transit
The PTC will promote transit by providing materials to educate UnitedHealth Group employees
on the locations and schedules for transit service available at the Southwest Station, other
connecting transit service, and the location of transit stops closest to their homes. This includes
information on transit routes, schedules, park-and-ride lots, dial-a-ride, and various transit
passes. UHG will implement the Metropass transit pass programs for sale with 30% discount
saving to the employees. The passes will be for sale with in the buildings convenience store or
café. The Transportation Coordinator will administer this program with the assistance of
MetroTransit.
Promote Bicycle Commuting
The building will provide convenient and safe covered bicycle storage. The need for increased
bicycle storage will depend upon building occupancy and tenant demand, which the coordinator
will monitor periodically.
The Phase I project will be constructed with shower facilities supporting to promote biking. A
total of 14 showers will be provided (7 for each gender). The shower facilities will be available
to all employees for all phases. In addition a minimum of 32 lockers will be provided for each
shower facility provided.
UnitedHealth Group will implement a Bike Walk to Work Program where employees can have
full time use of a storage locker within the fitness center locker rooms for as long that the user
employees participate in the program or as long as they bike or walk to work at least three days
per week.
The PCT will collaborate with 494 Corridor and conduct regular bicycle commuter clinics that
will provide education on traveling to work via bicycle. As part of the clinic, UnitedHealth
Group will participate in bicycle safety checks that can be provided year by an outside sponsor.
UnitedHealth Group and the PTC will promote bicycle use by providing current maps,
instructional brochures and other relevant information. Maps may cover Eden Prairie as well as
the Hennepin County Regional Trail system.
Participation in a Transportation Management Organization
The PTC will participate in bi-annual meetings in coordination with the City of Eden Prairie,
Southwest Transit, 494 Corridor, MN/DOT, Metropolitan Council, and other large office and
60
commercial property owners in the area to discuss alternatives to improve and expand
commuting options.
Flex-Time and Telecommuting
UHG will work with employees to consider offering flextime schedules or telecommuting, where
practical and appropriate.
Management Support and Alternative Actions
The Property Transportation Coordinator will solicit management support, and other appropriate
assistance, for policies that support alternative commuting programs.
Commuter Survey/TDM Evaluation Program
UHG with assistance from 494 Corridor will conduct a statistically valid baseline commuter
survey (i.e. before occupancy) of future building tenants in order to better understand their
commuting habits and needs. A follow-up commuter survey will be conducted two-years after
TDM plan implementation.
A report of the commuter survey results will be completed by 494 Corridor one month 7after
surveys are submitted. Using the before and after commuter survey results, UHG will provide the
City of Eden Prairie a report summarizing the effectiveness of the TDM Plan in reaching stated
goals. If the TDM goal has not been attained, UHG will collaborate with 494 Corridor to revise
the TDM Plan, including but not necessarily limited to, possibly increasing the level of subsidies
for TDM measures.
61
PROPOSED BUDGET- PHASE I
TDM Plan Item Estimated Cost Start-Up 2014 2015 Total
Transportation Coordinator Assume 30%FTE per year @$115,000/yr $34,500 $34,500 $69,000
Shower facilities $3,500 each $49,000 $0 $0 $49,000
Designated Carpool/Vanpool Striping and signposts for 3%of parkingspaces $10,000
Parking spaces p 9 p $0 $0 $10,000
Communication Materials Creation of marketing materials,copying,etc. $500 $500 $1,000
Commuter Fair Food&Prizes* $1,000 $1,000 $2,000
Guaranteed Ride Home Two additional GRH vouchers(@$25)per employee using an commuting $8,250 $8,250 $16,500
alternative.(assume 10%utilization)Provided by Metro transit. '
Metro Pass Transit Program $76.00 per card,assumes 10 users(120 cards annually)to start program per year, $2,736 $4,104 $6,840
(assumes 30%subsidy) then increasing 50%every year thereafter for each subsequent phase
Bike Racks $100 each $20,000 $20,000
Total by year $79,000 $46,986 $48,354
Total Budget for Phase I $174,340
PROPOSED BUDGET- PHASE II
TDM Plan Item Estimated Cost Start-Up Year 1 Year 2 Total
Transportation Coordinator Assume 30% previous FTE per year @$115,000/yr Accounted in $34,500 $34,500
p phases
Designated Carpool/Vanpool Striping and signposts for 3%of parkingspaces $10,000
Parking spaces p 9 p $0 $0 $10,000
Communication Materials Creation of marketing materials,copying,etc. Accountedfor in
p
previous phases $500 $500
Commuter Fair Food&Prizes* Accounted for in $1,000 $1,000
previous phases
Guaranteed Ride Home Two additional GRH vouchers(@$25)per employee using an commuting Accounted for in $8,250 $8,250
alternative.(assume 10%utilization)Provided by Metro transit. previous phases
Metro Pass Transit Program $76.00 per card,assumes 10 users(120 cards annually)to start program per year, $6,293 $9,576 $15,869
(assumes 30%subsidy) then increasing 50%every year thereafter for each subsequent phase
Bike Racks $100 each $20,000 $20,000
Total by year $30,000 $6,293 $53,826
Total Budget for Phase II $90,119
PROPOSED BUDGET- PHASE III
TDM Plan Item Estimated Cost Start-Up Year 1 Year 2 Total
Transportation Coordinator Assume 30%FTE per year @$115,000/yr Accounted for in $34 500 $34,500
previous phases
Designated Carpool/Vanpool Striping and signposts for 3%of parkingspaces $10,000
Parking spaces p 9 p $0 $0 $10,000
Communication Materials Creation of marketing materials,copying,etc. Accountedfor in
p
previous phases $500 $500
Commuter Fair Food&Prizes Accountedfor in
p
previous phases $1,000 $1,000
Guaranteed Ride Home Two additional GRH vouchers(@$25)per employee using an commuting Accounted for in $8,250 $8,250
alternative. (assume 10%utilization)Provided by Metro transit. previous phases
Metro Pass Transit Program $76.00 per card,assumes 10 users(120 cards annually)to start program per year, $14,227 $21,341 $35,568
(assumes 30%subsidy) then increasing 50%every year thereafter for each subsequent phase
Bike Racks $100 each $10,000 $10,000
Total by year $20,000 $14,227 $65,591
Total Budget for Phase III $99,818
Total Budget $364,277
62
EXHIBIT L - TDM LETTER OF CREDIT (Paragraph 25)
DEVELOPMENT AGREEMENT—UNITED HEALTH GROUP 2012
(Bank)
, 20
(Date)
IRREVOCABLE LETTER OF CREDIT
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344-2230
Dear Sir or Madam:
By order of our client, (Developer), we hereby open
our Irrevocable Letter of Credit No. in favor of the City of Eden Prairie (City) for
an amount not to exceed the aggregate of $ , effective immediately and
continuing until such time as City identifies us in writing that this Letter of Credit may be
terminated, relative to Development performance under the dated
, 2012.
Funds under this Letter of Credit are available against City's site draft on us, mentioning
thereon our Credit No. . Each such draft must be accompanied by City's signed
written statement to the effect that Developer has failed to comply with the terms and conditions
of the above-mentioned contract, specifying the paragraph and/or clause in default.
If we receive City's site draft and statement as mentioned above, at our office located at
, before receipt of a termination notice as specified above, we will
promptly honor the same.
Sincerely,
BANK
By
Its
63
EXHIBIT M - WETLAND CONSERVATION/SCENIC
EASEMENT (Paragraph 28 C)
DEVELOPMENT AGREEMENT - UNITED HEALTH GROUP 2012
THIS EASEMENT AGREEMENT is made this day of , 2012by and
between United HealthCare Services, Inc., a Minnesota corporation, 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.
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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, construction access, road, sign, billboard, utility, or other
structures shall be placed in the Easement Area without the prior written
consent of City.
D. An LRT Access Trail system (Trail) may be constructed over Outlots J
and H connecting City West Parkway from the west to a light rail station.
The Trail is subject to the following restrictions:
i. The Trail will be between 10-12 feet in width.
ii. The Trail will include a mowable maintenance strip no larger than
two (2) feet in width on both sides of the path.
iii. The Trail will include a paved or other type of surface.
iv. The Trail must avoid significant trees to the fullest extent possible.
v. Where the Trail does cross a wetland area, the Trail shall be
constructed to avoid wetland impacts and shall be a raised
boardwalk or bridge. Boardwalk or bridge sections within wetland
areas shall be a minimum of 6 inches above the ground. The
structure that would span the wetland(s) shall be able
accommodate city maintenance vehicles both in width and vehicle
loading.
vi. No filling of wetlands to construct the Trails is allowed.
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, Nine Mile Creek Watershed District and Wetland
Conservation Act guidelines. Landscaping must be replaced in
accordance with the requirements outlined in this Conservation Easement.
65
G. Upon written request by Developer City shall execute a temporary
construction easement through the Wetland Conservation/Scenic
Easement to the Developer to allow construction access for any
subsequent Phase as shown in Exhibit 0 to the Development Agreement.
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, to be best of Grantor's knowledge, 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 (except as identified in the Phase I
environmental report covering the Property prepared by Liesch
Associates, Inc. dated August 30, 2011.
Grantor agrees to indemnify, defend and hold harmless City, against any and all
loss, costs, damage and expense, including reasonable attorney's fees and costs
that City incurs because of the breach of any of the above representations or
warranties and/or resulting from or due to the inaccuracy or falsity of any
representation or warranty herein.
4. Grantor agrees to permanently demarcate the location of the boundary of the
conservation easement on each lot property line or corner with permanent four-
foot tall posts. A 3 by 8 inch sign or decal reading "Scenic/Conservation
Easement Boundary, City of Eden Prairie",will be affixed to the top of the post.
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
66
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.
67
IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to
be executed as of the day and year aforesaid.
UNITED HEALTHCARE SERVICES, INC. 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 ,
2012, 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 , 2012, by
, the , of United HealthCare
Services, Inc., a Minnesota corporation, on behalf of the company.
Notary Public
68
EXHIBIT N—ENVIRONMENTAL INDEMNITY (Paragraph 31)
DEVELOPMENT AGREEMENT — UNITED HEALTH GROUP 2012
ENVIRONMENTAL
INDEMNITY AND HOLD HARMLESS AGREEMENT
THIS AGREEMENT, made and executed as of this day of , 2012, by United Health
Care Services, a Minnesota corporation, (hereinafter the "Developer, to and for the benefit of
City of Eden Prairie, a Minnesota municipal corporation (hereinafter"City").
PRELIMINARY STATEMENT OF FACTS
i) The City and Developer are entering into a Development Agreement for 68 acres of land
legally described on Exhibit A hereto (hereinafter the "Development Agreement").
ii) Pursuant to the Development Agreement the Developer is required to convey and or
dedicate certain land to the City. The acres of land and the land to be conveyed and or
dedicated to the City are hereinafter collectively referred to as the "Property."
iii) City requires as a condition to granting the approvals identified in the Development
Agreement that the Developer defend and indemnify the City against any claim or award for any
actual loss, cost, expense, or damage to any person or property, including reasonable attorneys'
fees, sustained by City as a result of there being located on, in or about the Property any
Hazardous Substances as defined herein that are subject to cleanup or remediation as required by
the Minnesota Pollution Control Agency for commercial or industrial property.
NOW, THEREFORE, IN CONSIDERATION OF THE MAKING OF THE DEVELOPMENT
AGREEMENT and in order to induce City to grant the approvals identified in the Development
Agreement, the Developer covenants and agrees with the City as follows:
1. The Developer shall defend, indemnify and hold harmless the City, its officers, directors,
agents and employees (herein the "Protected Parties), from and against any and all actual claims,
losses, liabilities (including without limitation strict liability), suits, obligations, fines, damages,
judgments, injuries, administrative orders, consent agreements and orders, penalties, actions,
causes of action, charges, costs and expenses, including without limitation attorney's fees and
consultant's fees ("herein "Claim")") to the extent arising out of(i) the release of any Hazardous
Substance in or on the Property in violation of Environmental Laws and for which remediation
or corrective action is required by Developer under standards for commercial or industrial
property. or (ii) the transportation, discharge or removal from the Property by Developer of any
69
Hazardous Substance; or (iii) arising out of the inclusion in any product manufactured on the
Property of a Hazardous Substance, the failure of Developer to perform the removal or
abatement of or to institute a safe, effective and environmentally approved control plan or
monitor for any Hazardous Substances on the Property to the extent required under
Environmental Laws.
For purposes of this provision, the terms Environmental Laws, Hazardous Substance and
Release shall have the meaning defined as follows:
"Environmental Laws" means any and all federal, state, local, or municipal laws, rules,
orders, regulations, statutes, ordinances, codes, decrees, or requirements of any governmental
authority regulating, relating to, or imposing liability or standards of conduct concerning any
Hazardous Substances, environmental protection, or health and safety, as now or may at any time
hereafter be in effect and as amended from time to time, as well as the regulations adopted and
promulgated thereunder, including without limitation: the Clean Water Act, also known as the
Federal Water Pollution Control Act, 33 U.S.C. Section 1251 et seq.; the Clean Air Act, 42
U.S.C. Section 7401 et seq.; the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
Section 136 et seq.; the Comprehensive Environmental Response, Compensation, and Liability
Act, 42 U.S.C. Section 9601 et seq.; the Superfund Amendments and Reauthorization Act of
1986, Public Law 99-499, 100 Stat. 1613; the Emergency Planning and Community Right to
Know Act, 42 U.S.C. Section 11001 et seq.; the Resource Conservation and Recovery Act, also
known as the Solid Waste Disposal Act, 42 U.S.C. Section 6901 et seq.; and Minnesota Statutes
Chapters 115B and 115 C.
"Hazardous Substance" means (i) hazardous materials, hazardous wastes, and hazardous
substances as those terms are defined under any Environmental Laws; (ii) petroleum, petroleum
products, and by-products, including crude oil and any fractions thereof; (iii) natural gas, natural
gas liquids, liquefied natural gas, synthetic gas, and any mixtures thereof; (iv) asbestos or any
material that contains any hydrated magnesium silicate minerals that crystallize as bundles of
long, thin fibers that readily separate when broken or crushed; (v) radon; (vi) any other
hazardous or radioactive substance, material, contaminant, pollutant, or waste; (vii) any
substance with respect to which any federal, state, or local Environmental Law or governmental
agency requires environmental investigation, monitoring, or remediation; and (viii) any other
substance or material now or in the future deemed to be hazardous, dangerous, toxic, or a
pollutant or contaminant under any Environmental Laws.
"Release"means any release, spill, emission, leaking,pumping,pouring, injection,
escaping, deposit, disposal, discharge, dispersal, dumping, leaching, or migration of a Hazardous
Substance into the indoor or outdoor environment(including, without limitation, the
abandonment or disposal of any barrels, containers, or other closed receptacles containing any
Hazardous Substance), or into or out of the Property, including the movement of any Hazardous
Substance through the air, soil, surface water, groundwater, or property.
2. Notwithstanding anything to the contrary herein, the Protected Parties shall not be
entitled to assert any Claim or any component of any Claim against Developer under this
Agreement to the extent that such Claim or the component of a Claim, as applicable, would not
70
have arisen but for, or results from, or is
(a) an exacerbation of existing conditions or new conditions caused by the City, its
successors or assigns to the Property;
(b) any change of use from those set forth in the Development Agreement; or
(c) any loss of profits, loss of sales, loss of production, business interruption,
reduction in value of any asset or any other indirect or consequential loss or damage or
internal cost.
3. The Protected Parties shall provide prompt written notice to Developer in the event of a
Claim and before incurring any costs, fees, expenses or other obligations for any Claim. The
Protected Parties shall fully cooperate with Developer in response to any Claim and shall use
best reasonable efforts to mitigate the Claim and minimize the cost and expenses of any Claim.
Developer including but not limited to deed notices or restrictive covenants shall be entitled to
assume the defense of any Claim or any litigation resulting therefrom. The Protected Parties
shall have the right to participate in such proceedings and to be represented by attorneys of their
own choosing at their sole cost and expense.
4. In the event the Developer does not agree to defend and indemnify a Claim to the extent
required under this Agreement, the Protected Parties shall be entitled to select counsel of their
own choice in any proceeding or action involving a Claim, the reasonable fees and expenses of
which shall be part of the indemnity contained in this Agreement.
5. In the event of a Claim, the Protected Parties grant Developer reasonable access to the
Property and any relevant non-privileged documents and records in the Protected Parties'
possession to the extent necessary to allow Developer to pursue or defend any Claim.
6. This Indemnity shall be deemed continuing and running with the Property for the benefit
of the City, and any successors and assigns of the City including without limitation the
Metropolitan Council or any entity operating a light rail transit system but not any private non-
governmental transferee of the title of the City.
7. The agreements contained herein are unconditional and absolute and shall be a direct
obligation of the Developer notwithstanding any provisions of the Development Agreement to
the contrary that requires the City to look solely to the security of the Property.
8. No waiver, amendment, release or modification of this Agreement or the obligations
herein shall exculpate the Developer from the obligations hereunder nor shall the same be
established by conduct, custom or course of dealing, but only by an instrument in writing duly
executed by the City.
9. The matters for which City is indemnified hereunder shall be reimbursable to City as
incurred without any requirement of waiting for the ultimate outcome of any litigation, claim, or
71
other proceeding, and the Developer shall make payment for the same to the City as incurred
within ten (10) days after notice from City itemizing the amounts incurred to the date of such
notice.
10. The Developer acknowledge and agree that its obligations hereunder are totally
independent of the Development Agreement or other writing or agreement, and that execution of
the Development Agreement and/or a conveyance of the Property does not result in a merger of
the obligations under this Agreement into the instrument that conveys or dedicates the Property
to City, its successors or assigns and the Developer specifically forever waives any and all claims
and defenses to the contrary.
11. This Agreement is executed in order to induce the City to make enter into the
Development Agreement and grant the approval identified in the Development Agreement with
the intent that it be relied upon by the City in granting the approvals and entering into the
Development Agreement and with the knowledge that the City would not do so but for this
Agreement.
12. This Agreement is delivered in and made in and is executed with respect to and shall in
all respects be construed pursuant to and governed by the laws of the State of Minnesota.
72
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 ,
2012, 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 , 2012,
by , the , of United Health Care
Services, Inc., a Minnesota corporation on behalf of the company.
Notary Public
73
EXHIBIT O-PHASED DEVELOPMENT
DEVELOPMENT AGREEMENT - UNITED HEALTH GROUP 2012
1. Developer plans to construct the Project in a series of at least three Phases, as set forth in
EXHIBT 0-2. Each Phase will include Developer Improvements and may include Public
Improvements and/or Parking Facilities as shown in EXHIBT 0-2.
2. Developer shall have right to determine the schedule and order of construction of the
Phases. The Developer shall have no obligation to develop any given Phase of the Project.
3. Developer will apply for and obtain all necessary permits, certificates and approvals and
will provide any security, dedication, or other commitments required by this Agreement for each
Phase as it is constructed. The City shall not require Developer to obtain any permits,
certificates, or approvals or provide any security, dedications, or other commitments for Phases
for which the Developer has not yet submitted an application to proceed.
74
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 ,
2012, 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 , 2012,
by , the , of United Health Care
Services, Inc., a Minnesota corporation on behalf of the company.
Notary Public
75
EXHIBIT 0-2
76
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77
CITY COUNCIL AGENDA
DATE:
SECTION: Appointments March 6, 2012
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIII.A.
City Council 2012 City Commission Appointments
Requested Action
Move to:
• Appoint to the Conservation Commission Stacy Bettison and Sue Brown to terms ending March 31,
2015; and
• Appoint to the Flying Cloud Airport Advisory Commission Jeffrey Larsen and Benjamin McQuillan
as Business Representatives and Joseph Sutila as a Community Representative with terms ending
March 31, 2015; and
• Appoint to the Heritage Preservation Commission Steven Olson and JoAnn McGuire with terms
ending March 31, 2015; and
• Appoint to the Human Rights and Diversity Commission Hans Gustafson and Laura Kaczmarek
with terms ending March 31, 2015; and
• Appoint to the Parks, Recreation and Natural Resources Commission Cynthia Paulson with a term
ending March 31, 2014 AND Hutch Coburn, Derek Gunderson and (Matthew Kraft
or Leonard Pesheck)with terms ending March 31, 2015; and
• Appoint to the Planning Commission Jerry Pitzrick with a term ending March 31, 2013 AND Travis
Wuttke,Jacob Lee and Steven Frank with terms ending March 31, 2015
Synopsis
The City Council hosted Commission interviews on Tuesday, February 28, 2012. Overall, there were 18
applicants (11 new applicants and 7 reapplicants).
All terms of appointment are scheduled to begin on April 1, 2012. A required City Commission
Orientation session will be held on Thursday, March 22, 2012, for all new and re-appointed Commission
members in advance of the April 1 start date for Commission terms.
CITY COUNCIL AGENDA DATE:
March 6, 2012
SECTION: Appointments
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIII.B.
City Council Appointments to 2012 Board of Appeal and
Equalization(BAE)
Requested Action
Move to: Appoint to the Board of Appeal and Equalization Jim Johnson,Lyndon Moquist,
Annette O'Connor,Patricia Pidcock and Todd L.Walker for the period of April 1,
2012 through May 31,2012, or until the Board of Appeal and Equalization completes its
work.
Synopsis
The proposed members for Council approval are experienced real estate professionals with extensive
knowledge of the Southwest metro area.
Jim Johnson of The Realty House is involved in the sale of single family properties in the southwest
metro.
Lyndon Moquist of Edina Realty is involved in the sale of single family properties in the southwest
metro.
Annette O'Connor of Coldwell Banker Burnet Realty is involved in the sale of single family
properties in the southwest metro area.
Patricia Pidcock of Edina Realty is involved in the sale of single family properties in the southwest
metro area and a former member of the City of Eden Prairie City Council.
Todd Walker is a realtor with Coldwell Banker-Burnett. This is his first year on the Board of Appeal
and Equalization.
Background
From 1992 through 2011,the City has appointed a special Board of Appeal and Equalization(also
formerly named the Board of Review). The members are citizen volunteers that are active and
knowledgeable,with extensive experience in the real estate market. The members are recruited by the
City Manager and City Assessor and appointed annually with confirmation by the City Council. The
City pays the members a per diem payment of$50 for all required training sessions and Board
meetings.
In 2003,the Minnesota legislature passed a law requiring members of local Boards of Appeal and
Equalization to attend a training session,developed by the Minnesota Department of Revenue, at least
once every four years. All of the appointees were trained by the Minnesota Department of Revenue
staff on March 25,2009 and their training expires on November 30, 2012.
CITY COUNCIL AGENDA
DATE:
SECTION: Appointments March 6, 2012
DEPARTMENT/ ITEM DESCRIPTION: ITEM NO.: XIII.D.
DIVISION: 2012 Appointments of Chairs and Vice Chairs to
City Council City Commissions
Requested Action
Move to:
• Appoint Laura Jester- Chair and Greg Olson - Vice Chair of the Conservation Commission; and
• Appoint Jeff Larsen - Chair and Keith Tschohl -Vice Chair of the Flying Cloud Airport Advisory
Commission; and
• Appoint Ed Muehlberg - Chair and Cindy Evert-Vice Chair of the Heritage Preservation
Commission; and
• Appoint Pam Spera - Chair and Robert Rozanski-Vice Chair of the Human Rights and Diversity
Commission; and
• Appoint Geri Napuck- Chair and Hutch Coburn -Vice Chair of the Parks, Recreation and Natural
Resources Commission; and
• Appoint Jon Stoltz - Chair and Matt Fyten - Vice Chair of the Planning Commission.
Background
Chairs and Vice Chairs are appointed annually by the City Council following the appointment of
members to City Commissions. The City Council hosted Commission interviews on Tuesday, February
28, 2012, and determined Chair and Vice Chair assignments for the period of April 1, 2012, through
March 31, 2013.
City Code Section 2.22, Subd. 5 Officers states, if applicable, "the Council shall in March each year
choose a chairperson and vice-chairperson for a Board or Commission to serve for a period of one year."
To be eligible for consideration, City Code states, "a chairperson must have served one year on the
Board or Commission before becoming eligible for appointment as a chairperson."
CITY COUNCIL AGENDA DATE:
March 6, 2012
SECTION: Appointments
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIILC.
City Council Appointments of Chair and Vice-Chair to
the Board of Appeal and Equalization
Requested Action
Move to: Appoint Patricia Pidcock—Chair and Lyndon Moquist—Vice-Chair of the Board
of Appeal and Equalization.
Synopsis
Chairs and Vice-Chairs are appointed annually by the City Council following the appointment
of members to City Boards and Commissions.
City Code Section 2.22, Subd. 5 Officers states, "the Council shall in March each year choose
a chairperson and vice-chairperson for a Board or Commission to serve for a period of one
year." To be eligible for consideration, City Code states, "a chairperson must have served one
year on the Board or Commission before becoming eligible for appointment as a chairperson."
CITY COUNCIL AGENDA DATE:
March 6, 2012
SECTION: Consent Calendar
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIII.E.
Community Development: Appoint members and alternates to the Southwest
Janet Jeremiah Light Rail Transit(LRT) Community Advisory
Committee (CAC)
Requested Action
Motion to appoint the following members and alternates to the Southwest LRT Community
Advisory Committee (CAC) for one year terms:
Primary Alternate
1. Planning Commission Matt Fyten Jerry Pitzrick
2. Parks &Rec. Commission Derek Gunderson Hutch Coburn
3. Conservation Commission Anthony Pini Laura Jester
4. At Large Resident Travis Wuttke Sue Brown
5. Business Resident(SuperValu) Patrick Bernal TBD
Synopsis
The Metropolitan Council and Hennepin County are requesting that the City reconfirm or
appoint new members to the Southwest LRT Community Advisory Committee (CAC) for one
year terms. According to the Charter, "The purpose of the CAC is to serve as a voice for the
community and advise the Southwest LRT Corridor Management Committee and the Southwest
LRT Community Works Steering Committee during the planning and implementation phases of
the light rail line and beyond." Appointments will be requested annually.
Background Information
The Southwest Transitways Community Advisory Committee (CAC)was originally established
by Hennepin County in 2007 during the Alternatives Analysis phase of the project. The City
Council was requested to make appointments. The appointments were reconfirmed by the City
Council in 2009 during the Draft Environmental Impact Statement(DEIS) Phase of the project
(see attachment). At that time, the appointments represented two alternative LRT alignments
that were still under consideration in Eden Prairie: the Hennepin County Railroad Authority
"Trail Corridor", and the alignment which serves the Major Center Area, Golden Triangle Area
and City West Area. The latter was subsequently chosen as the Preferred Alignment. At that
time, Eden Prairie had an interest in substantial business representation on the CAC, because
there was no Business Advisory Committee.
Now that the SW LRT project is entering the Preliminary Engineering (PE) and Final
Environmental Impact Statement(FEIS)phase, Metropolitan Council is the lead agency and a
Business Advisory Committee (BAC) is being established in addition to an expanded CAC (see
attachments). Although the City is not being asked to appoint BAC members, City staff have
been consulted and recommended representatives from the following companies in addition to
the Eden Prairie Chamber of Commerce: Eaton, Emerson-Rosemount, Liberty Property Trust,
and Milestone AV Technologies. UHG is also being recommended by Minnetonka and is
already on Metropolitan Council's proposed list. Therefore, all of the Eden Prairie companies
that were previously represented on the CAC are expected to be appointed to the BAC.
During the February 21, 2012 City Council Workshop, staff discussed with the Council the
following staff recommendations regarding the CAC appointments:
1) CAC appointments should provide a broader area/city-wide perspective
2) The BAC is the better committee for businesses since it is the Business Advisory
Committee. In addition individual businesses should have a more significant voice on this
committee since it should be quite a bit smaller than the CAC
3) Preference is to avoid having a single entity/business appointed to both the CAC and BAC.
4) The CAC should include representatives from the following groups:
Planning Commission
Parks, Recreation&Natural Resources Commission
Conservation Commission
Large Business
At-Large Resident(preferably a transit rider)
Minority/Immigrant Group (staff noted that Met Council had already sent out invitations to
several including New American Academy so the Council shouldn't have to appoint a
representative from this group)
The Council indicated general agreement with the staff recommendations and requested that any
business representative on the CAC also be a resident if at all possible. The Council directed
staff to reach out to potential representatives and provide specific recommendations to the
Council on March 6th
Staff sought interest from the Commissions and received three volunteers from the Planning
Commission (Matt Fyten Jerry Pitzrick and Travis Wuttke), one volunteer from the Parks & Rec.
Commission (Derek Gunderson) and three volunteers from the Conservation Commission
(Anthony Pini, Laura Jester and Sue Brown). Matt Fyten submitted the attached e-mail outlining
his interest and qualifications. Jerry Pitzrick also has great qualifications but must travel for his
job, so he is recommended as an alternate. Travis Wuttke is recommended as the at-large
resident representative. Anthony Pini is a civil engineer and is recommended as the primary
representative from the Conservation Commission. Laura Jester expressed some concern about
the time commitment and is recommended as the alternate. Sue Brown volunteered to be an
alternate and is recommended as the at large resident alternate.
Staff also sought interest from residents who work for large businesses along the corridor. Many
of the business representatives are expected to be appointed to the BAC or do not live in Eden
Prairie. Staff is recommending Patrick Bernal from SuperValu. Patrick is an Eden Prairie
resident.
Attachments
• Southwest LRT Community Advisory Committee (CAC) Charter 2012
• CAC Nomination Form 2012
• Matt Fyten's E-Mail of Interest
• CAC and BAC Invitations by Metropolitan Council 2012
• 2009 CAC Appointments and Charter
• CAC Attendance 2008-2011
t Metropolitan Council
Hennepin
Charter of the Southwest LRT
Community Advisory Committee (CAC)
SCOPE
The Southwest LRT Community Advisory Committee (CAC) was established in 2007 to provide guidance
on community issues during the Alternatives Analysis (AA) and Draft Environmental Impact Statement
(DEIS) phases of Southwest LRT project development. Members were appointed by the partner cities
and neighborhood organizations to provide representation for the station areas. In 2012, the purpose,
role and composition of the CAC is being expanded to provide for broader community involvement on the
Southwest LRT project as it progresses through the Preliminary Engineering (PE)/Final EIS phases and
Hennepin County's Community Works planning efforts to maximize and integrate economic development
along the Southwest LRT line.
PURPOSE
The purpose of the CAC is to serve as a voice for the community and advise the Southwest LRT Corridor
Management Committee and the Southwest LRT Community Works Steering Committee during the
planning and implementation phases of the light rail line and beyond:
1. Advise on communications and outreach strategies for the Southwest LRT project's Draft
Environmental Impact Statement, Preliminary Engineering, and the Final Environmental Impact
Statement as well as the Southwest LRT Community Works' land use/economic development
initiatives.
2. Provide input on station location, design, and construction to reflect the needs of the community,
including residents, visitors, businesses, transit riders, pedestrians, and bicyclists.
3. Provide input on station area (1/2 mile radius of station location) vision and character for
development from a community perspective.
4. Identify environmental concerns and impacts related to construction and operation of the light rail
line.
5. Identify potential issues and review strategies to mitigate the impacts of construction on
residences and businesses.
6. Review and comment on major initiatives and actions of the Southwest LRT Community Works
program.
7. Serve as an information resource and liaison to the greater corridor community.
REPORTING REQUIREMENTS
The Southwest CAC has reporting responsibilities to both the Southwest LRT Management Committee
and the Southwest LRT Community Works Steering Committee.
In addition, the CAC will have a representative from their membership serving as member of the
Southwest LRT Management Committee and the Southwest LRT Community Works Steering
Committee.
Draft 1/26/12
RESPONSIBILITIES
Each member of the Southwest CAC agrees to:
1. Attend a majority of CAC meetings (alternates will be allowed to participate in the committee
discussions if CAC staff are notified prior to the meeting.)
2. Be a voice to advance the broader interests of the local community or interest they represent.
3. Report to the entity represented on the activities of the CAC as well as serve as a conduit of
information to the broader community.
4. Actively participate in discussions by sharing ideas and expertise.
5. Identify issues affecting communities impacted by both the LRT project development and
Community Works initiatives and assist in developing strategies for minimizing those impacts.
6. Provide feedback to the Southwest LRT Communication Steering Committee on the structure and
effectiveness of the communication and public involvement efforts.
7. Listen to and respect the viewpoints of others.
8. Accept the outcome of decisions, once they are made.
MEMBERSHIP
Members will be appointed for a one-year term and reconfirmation of membership will be requested on
an annual basis.
Membership is intended to represent the diverse interests and stakeholders along the Southwest LRT
line and will therefore include people from neighborhood groups, special interest groups, advocacy
groups, educational institutions and ethnic communities.
If an appointed member or alternate is no longer able to participate actively in the CAC, the organization
that appointed that person will be allowed to name a replacement.
MEETINGS
The CAC will meet monthly on the second Thursday of every month, from 6:00-7:30 P.M. Meetings will
be co-chaired by Jennifer Munt, Metropolitan Council District 3, and Jeanette Colby, Kenwood Isles Area
Association.
Agendas will be distributed to all members at least five business days before the meeting.
Special meetings, open houses, subcommittees and focus groups will be scheduled at regular intervals
and as needed.
To facilitate communication and a sharing of ideas and information, the CAC with meet jointly at least
twice each year with the Business Advisory Committee (BAC). This meeting will replace a regularly
scheduled CAC meeting.
Draft 1/26/12
", Metropolitan Council
Hennepin
Advisory Committee New Member Form
Information about the Organization: Provide the following information about your organization:
Organization Name:
President/ Chair Name:
Street Address:
City, State and Zip:
Phone: ( ) - E-mail:
Purpose or Mission:
Briefly describe your organization. Be sure to include number of members, governance
structure and tax status (e.g. non-profit or 501(c)3).
Information about the Appointee: Provide the following information about the person you are
recommending to serve on the committee.
Name:
Street Address:
City, State and Zip:
Phone: ( ) - E-mail:
Authorization: The executive director, chair, president or equivalent authorizes the above
named person to represent the organization.
Signature Position/Title:
Mail or email this completed form to:
Attn: SWLRT Advisory Committee
Metropolitan Council
Fairview Avenue North, Suite 200
St. Paul, MN 55104
If you have questions or would like to request an electronic copy of the form, please contact Robin
Caufman at robin.caufman@metc.state.mn.us or (651) 602-1457.
Draft 1/20/12
Page 1 of 1
From: Matt Fyten [mrfyten@gmail.com]
Sent: Monday, February 27, 2012 10:04 PM
To: Mike Franzen
Cc: Janet Jeremiah; David Lindahl; Rick Getschow
Subject: SW LRT CAC
Mike,
I do not believe you stated at tonight's Planning Commission meeting that you needed a written statement
affirming my interest in acting as the primary representative of the PC on the Southwest LRT Community
Advisory Committee,but just in case I would like this email to formally confirm my interest.
While I believe the City and Council are aware of my qualifications, I believe my professional and academic
associations with the City relating to the SW LRT project(through SouthWest Transit and my Capstone project
on the GTA station area)uniquely qualify me for the position. Furthermore, my residence at the Southwest
Station Condominiums sits directly adjacent to the proposed line, placing me in a unique position to represent
communal concerns, while still possessing the technical knowledge obtained through my professional work to
objectively analyse the technical elements of the project.
I appreciate the City's and Council's consideration of me for the Planning Commission representative to the SW
LRT Community Advisory Committee.
Matt Fyten
file://K:\Administration\Agenda Preparation\City Council Agenda Packet Items\2012\03.06.12\Co... 3/1/2012
Mayor Title Oranization Mailing Address City_State_Zip
R.T. Rybak Mayor City of Minneapolis 350 S. 5th St., Room 331 Minneapoli, MN 55415 R.T.Rybak@minneapolis.gov
Jeff Jacobs Mayor City of St. Louis Park 5005 Minnetonka Blvd St Louis Park, MN 55416 jacobsjeffrey@comcast.net
James Hovland Mayor City of Edina 4801 W.50th St. Edina, MN 55424 jhovland@krausehovland.com
Eugene Maxwell Mayor City of Hopkins 1010 1st St S Hopkins, MN 55343 emax33721@aol.com
Terry Schneider Mayor City of Minnetonka 14600 Minnetonka Blvd Minnetonka, MN 55345 tschneider@eminnetonka.com
Nancy Tyra-Lukens Mayor City of Eden Priarie 8080 Mitchell Rd Eden Prairie, MN 55344 ntyra-lukens@edenprairie.org
f
transitwayw green means ga.
Southwest Transitway Community Advisory Committee (CAC)
January 22, 2009
Representing Name
Eden Prairie (at-large) John Brill
Eden Prairie (at-large) Jill Noak
Eden Prairie (at-large) Rick Wie b le n
Eden Prairie (at-large) Stephanie Peterson
Eden Prairie (at-large) Frank Powell
Eden Prairie / Minnetonka (Opus station) DennisSpalla
Minnetonka (at-large) Maria Klein
Minnetonka (at-large) Open seat
Edina (at-large) Paul Nelson
Hopkins—Shady Oak Mindy Paulson
Hopkins—Downtown Esmeralda Guajardo
Hopkins—Blake Rd. Kyle Allison
SLP—Louisiana Bob Tift
SLP—Wooddale Bill James
aP-Beltline Shawn Klein
SLP (at-large) Lisa Miller
Mpls—West Lake Art Higinbotham
Mpls-21st Eric Lind
Mpls—Penn Barry Schade
Bruce Monson (alternate)
Mpls—Van White Vida Ditter
Jim Krause (alternate)
Mpls—Ba'cstt Creek ROC Vicki Moore
Mpls—Royalston John Sack
Mpls—Hennepin RossD-Emanuele
Mpls—Lyndale 1BD
Mpls- Franklin NelsSandberg
Mpls—Downtown Stations John Wheaton
green means go.
Southwest Transitway Community Advisory Committee (CAC)
Definition
A representative group ofstakeholdersthat meetsregularlyto discussissuesof common
concern.
Purpose
• To promote and broaden continued community involvement in the Southwest LRT
project.
▪ To provide guidance to the consultant team, the Southwest Technical and Policy
Advisory Committeesregarding community issuesthrough the DEISand
preliminary engineering phases.
Process/Actions
The CAC will be a forum for education, discussion and community outreach.
Deliberationswill be consensus-based.
Reporting Relationship
The CAC will report quarterly to the Southwest Policy Advisory Committee (PAC). CAC
information will be shared with the Southwest Technical Advisory Committee (TAC) and
the Project Management Team (PMT) aswell.
Membership (25)
1 representative for each proposed station location along the LRT1A, LRT3A, and LRT3C
routes.
Member Role/Responsibilities
• Attend CAC meetings
• Contribute to the discussion of issues
• Listen and respect the viewpoints of others
• Participate in the development of solutions
• Accept the outcome of difficult decisions
• Provide periodic updatesto their respective neighborhood association or city
council
Appointed 7/25/07 8/22/07 9/26/07 11/7/07 1/9/08 3/5/08 5/7/08 7/9/08
City Members Station Represented Members , Tour
Eden Prairie 1 At large John Brill X X X X X
1 At large Jill Noack
Stephanie X
1 At large Peterson
1 At large Frank Powell X X X X X X X
Rick Wieblen Gina Gina Gina Gina X X
1 At large Bystedt Bystedt Bystedt Bystedt
Eden Prairie & 1 City West (EP), Opus Steve
Denny 4ialla X X X X X
Minnetonka (Mtka) Dorgan
Maria Klein X X X X X X X
Minnetonka 1 Opus
Rowland Road Sally Velick X X X Not able to X
participate
1 further
1 Shady Oak Road 1BD
Shady Oak Road Mindy Paulson X X
Hopkins 1
Downtown Hopkins Esmeralda X X X
1 Guajardo
1 Blake Road Kyle Allison X X X X X
St. Louis Park 1 Louisiana Bob lift X X X X X
1 Wooddale Bill James X X X X X X X
1 Beltline Shawn Klein X X X
1 At large Lisa Miller X
Edina 1 At large Paul Nelson X X X X X X X
Minneapolis Art
1 West Lake X X X X X X X X
CIDNA Hig inb otha m
Eric Lind,
KIAA 1 21st Street Jeanette X X X X X X X X
Colby 2010-
present
Bryn Mawr 1 Penn Barry Schade X X X X X
Penn (alternate) Bruce Monson X X X X
Ba ,-Ptt Creek J.Krause &
1 Van White Vida Ditter X Dick X X X X
ROC Heglund V.Moore
Van White (alternate) Jerry Krause
(alternate)
Harrison 1 Van White Vicki Moore
North Loop 1 Royalston John Stack X
East Ides 1 Hennepin Ross X X X X X
D'Ernanuele
Lowry Hill East 1 Lynda le 1BD
Alex Bauman,
Whittier 1 28th Street David Bagley X X X X X X X
(a s of 7/29/09)
StevensSquare 1 Franklin Nels X X X X X X X
Sandberg
Downtown John
1 Downtown Stations X X X X X X X
Council Wheaton
8/13/08 9/3/08 12/3/08 1/28/09 3/25/09 5/27/09 7/29/09 1/9/08 3/5/08 5/7/08 7/9/08 8/13/08 9/3/08 12/3/08 1/28/09
Tour
X X
X X X X X X X X X X X X
Gina X X R Wieblen & X X Gina
Bystedt G. Bystedt Bystedt
X Reed Steve X Reed X X X X R Steve
Holiman Dorgan Holiman Holiman Dorgan
X X Jeff X X X X X X X Jeff X
lomson Thomson
X
X X
X X X X X X X X X X X
X X X X X X X X X X X X
X X X
X X X X X
X X X X X X X X X X X X X
X X Matthew X X X X X X X X
Da lhq uist
J.
X Colby X X X X X X X X X X J. Colby X X
X X X X X X X X X X X X
X X X X X X X X
J. J. J. J. J.
X J. Krause X X
Kra use Krause Krause Kra use Krause
X X X X X X X X X X X X
X
X X X X X X X X
X X X X X X X
X X X X X X X X X X
X X X X X X X X X
3/25/09 5/27/09 12/2/09 1/27/10 4/28/10 6/23/10 10/27/10 2/23/11 8/24/11 11/30/11 12/14/11
Bizabeth Andrew Andrew
Lockeridge Sckinas Sckinas
X X X X X X X
X X X X X X X
D. Spalla Dave
X X & R X X Pelner
Holiman
X X X X X X
X X X X X X
X _ X X
X X X X X X X X
M. X X X X X X X X
Dalhquist
X X J. Colby J. Colby X J. Colby X X
X X X X X X X X
X X X X
V. Ditter
X J. Krause & J. X X X X X
Krause
X X X X X X X X X X
X X
X
X
X X X X X
CITY COUNCIL AGENDA DATE:
SECTION: Report of the Parks and Recreation Director March 6, 2012
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.1.
Jay Lotthammer, Director, Hennepin Youth Sports Grant Proposal —
Parks and Recreation Miller Park
Motion
Move to: Adopt resolution authorizing staff to submit a grant request to the Hennepin
Youth Sports Grant Program for Miller Park soccer/football field improvements.
Synopsis
Hennepin County is seeking local government units (LGU) interested in developing facilities for
amateur sports or recreation. Legislation authorizing the building of the new Twins stadium
allows Hennepin County to grant up to $2 million dollars each grant cycle to Hennepin County
communities to assist with developing these facilities. These grants will be made through the
Hennepin Youth Sports Program.
Beginning with the initial design of Miller Park in 1987, the long range plan has always been to
light all of the soccer/football fields. Over the years the pressure to accommodate the increasing
number of travel team games has grown steadily since the Miller Park fields were constructed in
1992. These full sized soccer/football fields are used from May to October and lighting them
would allow for greater flexibility in how the fields are scheduled and used. The staff believes
that the best way to accomplish this is to leverage the Capital Improvement Program funds that
have been budgeted with matching funds from a Hennepin County Youth Sports Grant.
In order to apply for the grant it must submitted by a local government organization and a
council resolution authorizing the submission of the grant application is required. City of Eden
Prairie staff would complete the application and oversee the construction if the award is
successful. The estimated cost of the project is $280,000.
Background
The purpose of these grants is to allow municipalities,park districts and school districts to create,
expand or improve sport or recreational facilities to enhance opportunities for athletics and
recreation. No grant awards may be used for ongoing expenses, such as programming services or
operating and maintaining the facilities. The criteria considered in evaluating grant applications
includes; need for the facility, including recognizing that many changes in youth sports and
activities have occurred in the more densely populated cities of Hennepin County, equitable
distribution throughout the county, leveraging non-Hennepin County funds and in-kind
contributions, sustainability, including ongoing operating funds and inclusion of environmental
improvements.
Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2012-
_
RESOLUTION AUTHORIZING FILING OF APPLICATION AND EXECUTION OF
AGREEMENT TO DEVELOP SPORT OR RECREATION FACILITIES UNDER THE
PROVISIONS OF THE HENNEPIN YOUTH SPORTS PROGRAM FOR
IMPROVEMENTS AT MILLER PARK SOCCER/FOOTBALL FIELDS
WHEREAS, Hennepin County,via its Youth Sports Grant Program, provides for capital
funds to assist local government units of Hennepin County for the development of sport or
recreation facilities; and
WHEREAS, the City of Eden Prairie desires to add lighting to ballfields (known as
Miller Park Soccer/Football Field Improvements, hereinafter PROJECT) for the purpose of
allowing evening games and practices and enhancing the quality of the soccer/football playing
experience.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL of the City of Eden
Prairie:
I. The estimate of the total cost of developing PROJECT shall be $280,000 and
LGU is requesting $140,000 from the Hennepin County Legacy Grant program
and will assume responsibility for a match requirement of$140,000.
II. LGU agrees to own, assume one hundred(100)percent of operation costs for
PROJECT, and will operate PROJECT for its intended purpose for the functional
life of the facility, which is estimated to be twenty years.
III. LGU agrees to enter into necessary and required agreements with Hennepin
County for the specific purpose of constructing a sport or recreational facility and
long-term program direction.
IV. That the Parks and Recreation Director is authorized and directed to execute said
application and serve as official liaison with Hennepin County or its authorized
representative.
ADOPTED by the Eden Prairie City Council on this 6th day of March 2012.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE:
SECTION: Report of the Parks and Recreation Director March 6, 2012
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.2.
Jay Lotthammer, Director, Hennepin Youth Sports Grant Proposal —
Parks and Recreation Franlo Park
Motion
Move to: Adopt resolution authorizing staff to submit a grant request to the Hennepin
Youth Sports Grant Program for Franlo Park baseball field improvements.
Synopsis
Hennepin County is seeking local government units (LGU) interested in developing facilities for
amateur sports or recreation. Legislation authorizing the building of the new Twins stadium
allows Hennepin County to grant up to $2 million dollars each grant cycle to Hennepin County
communities to assist with developing these facilities. These grants will be made through the
Hennepin Youth Sports Program.
City of Eden Prairie staff approached local athletic associations to make them aware of the grant
opportunity. The Eden Prairie Baseball Association has responded with interest in pursuing an
application to install covered players benches and batting cage at Franlo Park. The association
has agreed to provide matching funds and assist City of Eden Prairie staff with the application
process.
The grant must be submitted by a local government organization and a council resolution
authorizing the submission of the grant application is required. City of Eden Prairie staff would
complete the application and oversee the construction if the award is successful. The estimated
cost of the project is $38,000. No City of Eden Prairie funds are being proposed for this project.
All funding would be from the baseball association and grant money from Hennepin County.
Background
The purpose of these grants is to allow municipalities,park districts and school districts to create,
expand or improve sport or recreational facilities to enhance opportunities for athletics and
recreation. No grant awards may be used for ongoing expenses, such as programming services or
operating and maintaining the facilities. The criteria considered in evaluating grant applications
includes; need for the facility, including recognizing that many changes in youth sports and
activities have occurred in the more densely populated cities of Hennepin County, equitable
distribution throughout the county, leveraging non-Hennepin County funds and in-kind
contributions, sustainability, including ongoing operating funds and inclusion of environmental
improvements.
Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2012-
_
RESOLUTION AUTHORIZING FILING OF APPLICATION AND EXECUTION OF
AGREEMENT TO DEVELOP SPORT OR RECREATION FACILITIES UNDER THE
PROVISIONS OF THE HENNEPIN YOUTH SPORTS PROGRAM FOR
IMPROVEMENTS AT FRANLO PARK BALLFIELD
WHEREAS, Hennepin County,via its Youth Sports Grant Program, provides for capital
funds to assist local government units of Hennepin County for the development of sport or
recreation facilities; and
WHEREAS, the City of Eden Prairie desires to develop protective players benches and
batting cages (known as Franlo Park Ballfield Improvements, hereinafter PROJECT) for the
purpose of protecting players and enhancing the quality of the playing experience baseball.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL of the City of Eden
Prairie:
I. The estimate of the total cost of developing PROJECT shall be $38,000 and LGU
is requesting $19,000 from the Hennepin County Legacy Grant program and will
assume responsibility for a match requirement of$19,000.
II. LGU agrees to own, assume one hundred(100)percent of operation costs for
PROJECT, and will operate PROJECT for its intended purpose for the functional
life of the facility, which is estimated to be twenty years.
III. LGU agrees to enter into necessary and required agreements with Hennepin
County for the specific purpose of constructing a sport or recreational facility and
long-term program direction.
IV. That the Parks and Recreation Director is authorized and directed to execute said
application and serve as official liaison with Hennepin County or its authorized
representative.
ADOPTED by the Eden Prairie City Council on this 6th day of March 2012.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE:
SECTION: Report of the Parks and Recreation Director March 6, 2012
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.3.
Jay Lotthammer, Director, Hennepin Youth Sports Grant Proposal
Parks and Recreation Staring Lake - Cummins Grill Fields
Motion
Move to: Adopt resolution authorizing staff to submit a grant request to the Hennepin
Youth Sports Grant Program for Staring Lake - Cummins Grill baseball field
improvements.
Synopsis
Hennepin County is seeking local government units (LGU) interested in developing facilities for
amateur sports or recreation. Legislation authorizing the building of the new Twins stadium
allows Hennepin County to grant up to $2 million dollars each grant cycle to Hennepin County
communities to assist with developing these facilities. These grants will be made through the
Hennepin Youth Sports Program.
City of Eden Prairie staff approached local athletic associations to make them aware of the grant
opportunity. The Eden Prairie Baseball Association has responded with interest in pursuing an
application to install covered players benches at Staring Lake Park- Cummins Grill Ballfield.
The association has agreed to provide matching funds and assist City of Eden Prairie staff with
the application process.
The grant must be submitted by a local government organization and a council resolution
authorizing the submission of the grant application is required. City of Eden Prairie staff would
complete the application and oversee the construction if the award is successful. The estimated
cost of the project is $43,000. No City of Eden Prairie funds are being proposed for this project.
All funding would be from the baseball association and grant money from Hennepin County.
Background
The purpose of these grants is to allow municipalities, park districts and school districts to create,
expand or improve sport or recreational facilities to enhance opportunities for athletics and
recreation. No grant awards may be used for ongoing expenses, such as programming services or
operating and maintaining the facilities. The criteria considered in evaluating grant applications
includes; need for the facility, including recognizing that many changes in youth sports and
activities have occurred in the more densely populated cities of Hennepin County, equitable
distribution throughout the county, leveraging non-Hennepin County funds and in-kind
contributions, sustainability, including ongoing operating funds and inclusion of environmental
improvements.
Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2012-
RESOLUTION AUTHORIZING FILING OF APPLICATION AND EXECUTION OF
AGREEMENT TO DEVELOP SPORT OR RECREATION FACILITIES UNDER THE
PROVISIONS OF THE HENNEPIN YOUTH SPORTS PROGRAM FOR
IMPROVEMENTS AT STARING LAKE PARK- CUMMINS GRILL BALLFIELD
WHEREAS, Hennepin County, via its Youth Sports Grant Program, provides for capital
funds to assist local government units of Hennepin County for the development of sport or
recreation facilities; and
WHEREAS, the City of Eden Prairie desires to develop protective players benches
(known as Staring Lake Cummins Grill Ballfield Improvements, hereinafter PROJECT) for the
purpose of protecting players and enhancing the quality of the playing experience for softball and
baseball.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL of the City of Eden
Prairie:
I. The estimate of the total cost of developing PROJECT shall be $43,000 and LGU
is requesting $21,500 from the Hennepin County Legacy Grant program and will
assume responsibility for a match requirement of$21,500.
II. LGU agrees to own, assume one hundred (100) percent of operation costs for
PROJECT, and will operate PROJECT for its intended purpose for the functional
life of the facility, which is estimated to be twenty years.
III. LGU agrees to enter into necessary and required agreements with Hennepin
County for the specific purpose of constructing a sport or recreational facility and
long-term program direction.
IV. That the Parks and Recreation Director is authorized and directed to execute said
application and serve as official liaison with Hennepin County or its authorized
representative.
ADOPTED by the Eden Prairie City Council on this 6th day of March 2012.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk