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Home My WebLink AboutCity Council - 02/19/2013 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,FEBRUARY 19, 2013 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. POINT OF SALE INSPECTIONS II. RENTAL INSPECTION PROGRAM UPDATE Open Podium - Council Chamber III. OPEN PODIUM IV. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, FEBRUARY 19, 2013 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, City Planner Michael Franzen, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 5, 2013 B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 5, 2013 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. APPROVE RLEASE OF AGREEMENT REGARDING SPECIAL ASSESSMENTS FOR LOT 1, BLOCK 3, BELL OAKS SECOND ADDITION B. APPROVE CHANGE ORDER NO. 2 FOR WATER TREATMENT PLANT SIDE 3 CLARIFIER RECOATING PROJECT C. APPROVE FOUR-YEAR CONTRACT WITH VISION INTERNET FOR WEBSITE HOSTING, UPGRADE, SUPPORT AND REDESIGN SERVICES D. ADOPT RESOLUTION APPROVING EXECUTION OF A CONSENT AND A SUBORDINATION AGREEMENT FOR SUMMIT PLACE REFINANCING IX. PUBLIC HEARINGS/MEETINGS A. VACATION OF PUBLIC DRAINAGE AND UTILITY EASEMENTS - OUTLOT A, MITCHELL CROSSING AND OUTLOT A,MITCHELL CROSSING 2ND ADDITION AND PART OVER, UNDER AND ACROSS LOT 1,BLOCK 1,EDENVALE RECREATION CENTER 2ND ADDITION VACATION 13-02 (RESOLUTION) CITY COUNCIL AGENDA February 19, 2013 Page 2 B. VACATION OF PART OF THE PUBLIC DRAINAGE AND UTILITY EASEMENT LYING OVER,UNDER AND ACROSS LOT 1, BLOCK 2., RIVERVIEW HEIGHTS RE-PLATTED AS LOT 2, BLOCK 2, RIVERVIEW HEIGHTS 2ND ADDITION; VACATION 13-03 (RESOLUTION) C. HOOVERSON ADDITION by Orin& Patricia Hooverson. Request for Guide Plan Change from Parks/Open Space to Low Density Residential on .21 acres, Planned Unit Development Concept Review on .92 acres, Planned Unit Development District Review with waivers on .92 acres, Zoning District Change from Rural to R1-13.5 on .92 acres and Preliminary Plat of.92 acres into two lots. Location: 12151 Sunnybrook Road. (Resolution for Guide Plan Change; Resolution for PUD Concept Review; Resolution for Preliminary Plat) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. FIRST AND SECOND READINGS OF AN ORDINANCE CHANGING THE NAME OF COCHRAN LANE TO MARTIN DRIVE XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: February 15, 2013 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, February 19, 2012 TUESDAY, FEBRUARY 19, 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. HRA MEETING HRA I. ROLL CALL/CALL THE HRA MEETING TO ORDER HRA II. APPROVE MINUTES OF HRA MEETING HELD ON DECEMBER 4, 2012 MOTION: IVTve to approve minutes of the HRA meeting held December 4, 2012. HRA III. APPROVE THE AMENDED PROJECT MANAGEMENT AGREEMENT FOR TIF 12—COLUMBINE TOWNHOMES Synopsis: The Tax Increment Financing Plan for District 12, the Columbine Townhomes, was set to expire at the end of 2012. Subsequently, Developer sought amendment of the Tax Increment Financing Plan and Project Management Agreement to increase the estimated term and budget, to facilitate further reimbursement of eligible costs in order to continue the provision of affordable housing, and to relieve the obligation of repayment of the TIF funds. On December 4, 2012, the HRA found that the continued operation of the project was not sustainable without the continued Tax Increment financing subsidy, and that the Amended Financing Plan conforms to the general plan for the development or redevelopment of the City as a whole. Approval of the amended Project Management Agreement reflecting the new terms was delayed by the Developer's request for more time to analyze a provision related to minimum assessed value of the property during the TIF payment period. That issue has been resolved and the requested action would approve the amended Project Management Agreement. ANNOTATED AGENDA February 19,2013 Page 2 MOTION: Move to approve the amended Project Management Agreement for TIF 12 — Columbine Townhomes. HRA IV. ADJOURNMENT MOTION: Move to adjourn the HRA. COUNCIL MEETING iv. PROCLAMATIONS/PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY,FEBRUARY 5, 2013 B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 5, 2013 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-D on the Consent Calendar. A. APPROVE RLEASE OF AGREEMENT REGARDING SPECIAL ASSESSMENTS FOR LOT 1,BLOCK 3,BELL OAKS SECOND ADDITION B. APPROVE CHANGE ORDER NO. 2 FOR WATER TREATMENT PLANT SIDE 3 CLARIFIER RECOATING PROJECT C. APPROVE FOUR-YEAR CONTRACT WITH VISION INTERNET FOR WEBSITE HOSTING, UPGRADE, SUPPORT AND REDESIGN SERVICES D. ADOPT RESOLUTION APPROVING EXECUTION OF A CONSENT AND A SUBORDINATION AGREEMENT FOR SUMMIT PLACE REFINANCING IX. PUBLIC HEARINGS/MEETINGS A. VACATION OF PUBLIC DRAINAGE AND UTILITY EASEMENTS - OUTLOT A, MITCHELL CROSSING AND OUTLOT A,MITCHELL CROSSING 2ND ADDITION AND PART OVER, UNDER AND ACROSS LOT 1,BLOCK 1,EDENVALE RECREATION CENTER 2ND ADDITION VACATION 13-02 (RESOLUTION) ANNOTATED AGENDA February 19,2013 Page 3 Official notice of this public hearing was published in the January 31, 2013, Eden Prairie News and sent to 7 property owners. Synopsis: The Property Owners have requested the vacation of the drainage and utility easements to facilitate the plat of Five Mitchell Crossing for new apartment construction. The drainage and utility easements to be vacated were originally dedicated with the plats of Mitchell Crossing, Mitchell Crossing 2nd Addition and Edenvale Recreation Center 2nd Addition. In order to accommodate a new apartment building on the lots, the property owners would like these underlying easements vacated and will dedicate all new drainage and utility easements with the plat of Five Mitchell Crossing. The release of the resolution vacating the drainage and utility easements shall be conditioned on the recording new dedicated drainage and utility easements on the plat of Five Mitchell Crossing. MOTION: Move to: • Close the public hearing; and • Adopt the resolution vacating the public Drainage and Utility Easements lying over, under and across Outlot A, MITCHELL CROSSING and Outlot A, MITCHELL CROSSING 2ND ADDITION and part over, under and across Lot 1 , Block 1 , EDENVALE RECREATION CENTER 2ND ADDITION, all in Hennepin County, Minnesota. B. VACATION OF A PART OF THE PUBLIC DRAINAGE AND UTILITY EASEMENT LYING OVER, UNDER AND ACROSS LOT 1, BLOCK 2, RIVERVIEW HEIGHTS RE-PLATTED AS LOT 2,BLOCK 2,RIVERVIEW HEIGHTS 2ND ADDITION; VACATION 13-03 (RESOLUTION) Official notice of this public hearing was published in the January 31, 2013, Eden Prairie News and sent to 9 property owners. Synopsis: The Property Owners have requested the vacation of a part of the drainage and utility easement to facilitate the building of a new home. The drainage and utility easement to be vacated was originally dedicated with the plat of Riverview Heights and then re-dedicated over the same lot with the re-plat of Riverview Heights 2nd Addition. In order to accommodate a new home, the property owners would like a part of the easement vacated. The easement covers approximately half the lot and, except for an easement varying from 5 feet to 20 feet that will remain around the outside of the lot, it is not needed for drainage or utilities. MOTION: Move to: • Close the public hearing; and • Adopt the Resolution vacating a part of the public Drainage and Utility Easement lying over, under and across Lot 1 , Block 2, RIVERVIEW HEIGHTS re-platted as Lot 2, Block 2, RIVERVIEW HEIGHTS 2ND ADDITION, Hennepin County, Minn. ANNOTATED AGENDA February 19,2013 Page 4 C. HOOVERSON ADDITION by Orin& Patricia Hooverson. Request for Guide Plan Change from Parks/Open Space to Low Density Residential on .21 acres, Planned Unit Development Concept Review on .92 acres, Planned Unit Development District Review with waivers on .92 acres, Zoning District Change from Rural to R1-13.5 on .92 acres and Preliminary Plat of.92 acres into two lots. Location: 12151 Sunnybrook Road. (Resolution for Guide Plan Change; Resolution for PUD Concept Review; Resolution for Preliminary Plat) Official notice of this public hearing was published in the February 7, 2013,Eden Prairie News and sent to 23 property owners. Synopsis: This 2 lot single family subdivision conforms to the requirements of the R1-13.5 Zoning District. The is a wetland buffer width waiver from 25 to 10 feet for a portion of the wetland adjacent to the proposed home. This is needed in order to provide a reasonable size house pad. The 120-Day Review Period Expires on May 15, 2013. The Planning Commission voted 5-0 to recommend approval at the January 28, 2013 meeting. MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution for Guide Plan Change from Parks/Open Space to Low Density Residential on .21 acres; and • Adopt the Resolution for Planned Unit Development Concept Review on 92 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Rural to R1-13.5 on .92 acres; and • Adopt the Resolution for Preliminary Plat on .92 acres into 2 lots X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS A. FIRST AND SECOND READINGS OF AN ORDINANCE CHANGING THE NAME OF COCHRAN LANE TO MARTIN DRIVE Synopsis: Cochran Lane is being renamed Martin Drive from its intersection with Martin Drive to its intersection with Mitchell Road to provide consistency and ease of access for emergency vehicles to new development. A portion of Martin Drive presently runs east of Mitchell Road and intersects with Cochran Lane. From there, Cochran Lane runs south and loops back to the west to intersect with Mitchell Road. With the new Dos Manitas Daycare Facility and Five Mitchell Crossing Apartment developments, there will be an increased need for emergency vehicles and it will be more consistent for the entire roadway to be named Martin Drive. ANNOTATED AGENDA February 19,2013 Page 5 The alignment of Cochran Lane will stay the same. There will be no business or residential addresses affected by the name change. Staff is unaware of any conflict with the street name choice. MOTION: Move to approve First Reading and Second Reading of the Ordinance changing Cochran Lane to Martin Drive from its intersection with Martin Drive to its intersection with Mitchell Road. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PUBLIC WORKS DIRECTOR E. REPORT OF POLICE CHIEF F. REPORT OF FIRE CHIEF G. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. AGENDA CITY OF EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY, FEBRUARY 19, 2013 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Nancy Tyra- Lukens, Council Members Brad Aho, Ron Case, Sherry Butcher Wickstrom, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow, Finance Director Sue Kotchevar and Recorder Jan Curielli I. ROLL CALL/CALL THE HRA MEETING TO ORDER II. APPROVE MINUTES OF HRA MEETING HELD ON DECEMBER 4, 2012 III. APPROVE THE AMENDED PROJECT MANAGEMENT AGREEMENT FOR TIF 12—COLUMBINE TOWNHOMES V. ADJOURNMENT HRA ITEM NO.: II. UNAPPROVED MINUTES HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY,DECEMBER 4, 2012 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Nancy Tyra- Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Ron Case, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Rick Rosow and Council Recorder Jan Curielli I. ROLL CALL/CALL THE HRA MEETING TO ORDER Chair Tyra-Lukens called the meeting to order at 7:35 PM in shared session with the City Council. Council Member Butcher Wickstrom was absent. II. APPROVE MINUTES OF HRA MEETING HELD ON SEPTEMBER 4, 2012 MOTION: Nelson moved, seconded by Aho, to approve the minutes of the HRA meeting held September 4, 2012. Motion carried 4-0. III. ADOPT RESOLUTION HRA 2012-04 CERTIFYING THE 2013 HRA PROPERTY TAX LEVY TO BE $200,000 AND APPROVING THE 2013 HRA BUDGET OF $200,000 Getschow said the Council approved a preliminary HRA levy and budget in September. This is the final levy and budget. He noted the amount has been the same for many years. MOTION: Aho moved, seconded by Nelson, to adopt Resolution HRA 2012-04 certifying the 2013 Property Tax levy to be $200,000 and approving the 2013 Budget of$200,000 as reviewed by the Council. Motion carried 4-0. IV. ADOPT RESOLUTION HRA 2012-05 AMENDING THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 12 Getschow said the Tax Increment Financing Plan for District 12, the Columbine Townhomes, is set to expire at the end of 2012. The Authority finds that the continued operation of the project is not sustainable without the continued tax increment financing subsidy, and that the amended Financing Plan conforms to the general plan for the development or redevelopment of the City as a whole. MOTION: Case moved, seconded by Nelson, to adopt Resolution HRA 2012-05 amending the Tax Increment Financing Plan for Tax Increment Financing District No. 12. Motion carried 4-0. HRA MINUTES December 4,2012 Page 2 V. ADJOURNMENT MOTION: Case moved, seconded by Aho, to adjourn the HRA. Motion carried 5-0. Chair Tyra-Lukens adjourned the HRA meeting at 7:40 PM. HRA AGENDA DATE: SECTION: HRA February 19, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: HRA ITEM NO.: III. Community Development Amend the Project Management Agreement for Janet Jeremiah Tax Increment Financing District No. 12. Requested Action Move to: Approve the amended Project Management Agreement for TIF 12—Columbine Townhomes. Synopsis The Tax Increment Financing Plan for District 12, the Columbine Townhomes,was set to expire at the end of 2012. Subsequently, Developer sought amendment of the Tax Increment Financing Plan and Project Management Agreement to increase the estimated term and budget, to facilitate further reimbursement of eligible costs in order to continue the provision of affordable housing, and to relieve the obligation of repayment of the TIF funds. On December 4, 2012, the HRA found that the continued operation of the project was not sustainable without the continued Tax Increment financing subsidy, and that the Amended Financing Plan conforms to the general plan for the development or redevelopment of the City as a whole. Approval of the amended Project Management Agreement reflecting the new terms was delayed by the Developer's request for more time to analyze a provision related to minimum assessed value of the property during the TIF payment period. That issue has been resolved and the requested action would approve the amended Project Management Agreement. Attachment • Amended Project Management Agreement AMENDED PROJECT MANAGEMENT AGREEMENT BY AND BETWEEN THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE AND COLUMBINE TOWNHOMES AFFORDABLE HOUSING LIMITED PARTNERSHIP THIS AMENDED PROJECT MANAGEMENT AGREEMENT(the"Amendment")is made as of July 17, 2012 between THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, a public body corporate and politic under the laws of the State of Minnesota (the Agency), and COLUMBINE TOWNHOMES AFFORDABLE HOUSING LIMITED PARTNERSHIP, a limited partnership under the laws of the State of Minnesota(the Developer). RECITALS: WHEREAS, Agency and Developer entered into that certain agreement entitled "Project Management Agreement",made as of the 8th day of April, 1996("Agreement'), regarding certain land owned by Developer, legally described as set forth on Exhibit A, attached hereto and incorporated here, ("Property"), for private development in the City of Eden Prairie, Minnesota ("City"), upon which the Developer has developed a multifamily housing project("Project");and WHEREAS, Agency and City agreed to provide tax-increment financing to reimburse the Developer for certain qualified costs of the Project pursuant to Minnesota Statutes, Sections 469.174 to 469.179, as amended (the"Tax Increment Act");and WHEREAS,Agency and City adopted a Tax Increment Financing Plan for Tax Increment Financing District 12 dated February 6, 1996("TIE Plan");and WHEREAS, Agency and City have adopted an amendment to the HF Plan which increases the budget and estimates a longer term of the district in order to continue the provision of affordable housing. WHEREAS,it is now the desire of the Agency and the Developer to amend the provisions of the Agreement to account for the increase in budget and estimated increase in term in order to provide additional financial assistance to the Developer for the continuation of affordable housing for the extended term of the District. NOW,THEREFORE,in consideration of the foregoing and of the mutual covenants,conditions,and promises set forth in this Amended Agreement,the parties agree as follows: 1. Subsection 2.4 of the Agreement is amended by inserting at the end of the paragraph the following: The Agency anticipates that the TIE District will remain in existence for the maximum 25-year duration allowed by law(projected to be through the year 2022). The Agency anticipates providing additional financial assistance to the Developer in the maximum amount of$346,646(90%of the total projected tax increment revenues for the years 2013 through 2022). 2. Section 3 of the Agreement,"Developer's Obligations,"is amended by adding subsection 3.13 which reads as follows: 3.13.Minimum Market Value. a. The Developer agrees that the minimum market value of the Property and the Project for ad valorem tax purposes,shall be not less than$3,900,000(payable 2012 market value)and shall not be reduced by any action taken by the Developer(other than a deed in lieu of,or under threat of,condemnation by the City of Eden Prairie,Hennepin County or other condemning authority),to less than the said amount,and that no reduction of the market value below said minimum market value shall be sought by the Developer or granted by any public official or court except in accordance with Minnesota Statutes,Section 469.177,subdivision 8.This minimum market value shall apply only to the Property, the Project and any other facilities situated on the Property.In the event of involuntary conversion of the Property and the Project for any reason(other than condemnation by a public entity),the minimum market value shall not be reduced to an amount less than said minimum market value. The minimum market value agreed to in this paragraph shall terminate on the earliest of(i)the date Tax Increment Funds are no longer paid by the City to the Developer or(ii)the date this Agreement is terminated by either party. b. The Developer acknowledges and agrees that the Property and the Project are subject to ad valorem property taxation and that such property taxes constitute taxes on"real property"(as provided in Section 469.174,subdivisions 4 and 7(d)of the TIT Act)and,to the extent reflecting net tax capacity rates of taxing jurisdictions levied against the captured net tax capacity of the District,constitute tax increment. c. Nothing in this Agreement shall limit the discretion of the county assessor or the City of Eden Prairie or any other public official or body having the duty to determine the market value of the Property,the Project and other facilities on the Property for ad valorem tax purposes,to assign to the Property,the Project or to any other improvements constructed on the Property,on a nondiscriminatory basis and treated fairly and equally with all other property so classified in the respective counties,a market value in excess of the minimum market value specified in this Subsection.The Developer shall have the normal remedies available under the law to contest any assessors estimated value in excess of said minimum market value,but only to the extent of the excess. 3. Section 4.3(b.)of the Agreement is amended by inserting a period after the words"CDBG Mortgage in the I Ith line and deleting the remainder of the Section 4.3(b.). 4. Section 5 of the Agreement is deleted in its entirety. 5. Except as specifically amended hereby,the Agreement shall continue in full force and effect. The Agreement and this Amendment shall,from and after the date hereof,be construed as one instrument. IN WITNESS WHEREOF,the parties hereto have executed this Amendment as of the day and year first above written. AGENCY: THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE Nancy Tyra-Lukens,Chairperson Rich Getschow,Executive Director STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2013,by Nancy Tyra- Lukens and Rich Getschow,the Chairperson and Executive Director,respectively,of the Housing and Economic Development Authority in and for the City of Eden Prairie,a public body corporate and politic of the State of Minnesota,on behalf of that pubic body corporate and politic. Notary Public DEVELOPER: COLUMBINE TOWNHOMES AFFORDABLE HOUSING LIMITED PARTNERSHIP - • / By , Its grEgEnIM- I , BY 414.A.A.&. ii it Its Areffirdi,. STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPINL.) The foregoing instrument was acknowledged before me this day of (03,by and as viavfne,- and e- respectively of Columbine Townhomes Affordable Housing Limited Partnership, a Minnesota limited partMrship,on behalf of the partnership. Notary blic EXHIBIT A PFEIFERNoTBARyETHpuABuc.: so iiy commission Expires Jan.31,2015 Legal Description Lot One(1),Block One(1),Columbine Addition,according to the recorded plat thereof,Hennepin County, Minnesota_ ITEM NO.: VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,FEBRUARY 5, 2013 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 Mayor Tyra-Lukens was not present. Acting Mayor Case conducted the meeting in her absence. I. COMMISSION WORK PLANS Getschow said each Commission will have about 10 minutes to present their 2013 work plans and answer questions from the Council. Case said he hopes the Council will use this as an opportunity to provide input on what they would like to see the Commissions working on. A. CONSERVATION COMMISSION Chair Laura Jester and Vice Chair Greg Olson presented the Conservation Commission's work plan. 2012 accomplishments included: • Achieved the 2nd step in the GreenStep Cities program • Worked with staff to develop a parks and recreation recycling program • Monitored Property Assessed Clean Energy (PACE) legislation • Staffed educational booths at the Chamber's Home and Garden Expo and the Citywide Open House • Researched water conservation utility rate structures • Explored ways to inform citizens on conservation related efforts In 2013, the Conservation Commission plans to continue work on the GreenStep Cities program. They are also considering holding a community engagement event, possibly an energy/green crawl. They will continued to encourage energy conservation efforts including promoting the use of green roofs, solar shingles, solar panels and wind energy. They plan to work with Parks and Recreation staff to provide recycling during city-sponsored events,possibly including zero waste oversight. They plan to work with City staff to encourage placement of rainwater City Council Workshop Minutes February 5, 2013 Page 2 gardens in the City right-of-way. They also plan to continue with current education and communication efforts. They are researching conservation initiatives, including electric vehicle charging stations. Council Member Nelson said she is glad the Commission is considering an energy crawl. She said Walmart and Best Buy will likely be interested in participating. Nelson also said one waste hauler is currently accepting plastic bags for recycling. She suggested that the Commission ask Eden Prairie's other waste haulers to do the same. Council Member Case said he supports all of the Conservation Commission's efforts, particularly electric vehicle charging stations. Case said he knows there are a couple of homes in Eden Prairie that generate much of their electricity with solar panels. He suggested publicizing those types of success stories. B. FLYING CLOUD AIRPORT ADVISORY COMMISSION FCAAC Vice Chair Keith Tschohl presented the Commission's workplan with the assistance of Chair Jeffrey Larsen. Tschohl noted that FCM is the fourth busiest airport in Minnesota and the surrounding states. Operations information for FCM that shows that total operations at the airport decreased by about 26 percent in 2012. FCAAC's goals for 2013 include: • Updating the FCAAC page on the City's website • Presentation of the biennial review of security • Monitoring changes relevant to the airport and providing updates to the City Council • Providing annual comparisons of operations and noise complaints • Annual tour of the airport and its FBOs Case asked if the Commission knows why airport operations are down. Tschohl said he thinks it is due in part to the economy and in part to changing demographics. Council Member Butcher asked if there has been a corresponding decrease in noise complaints. Tschohl said he cannot confirm that at this time. Council Member Nelson suggested that the Commission touch base with the neighborhood south of the airport to see if their concerns about airport aesthetics have been addressed. Larsen said MAC has been in communication with the neighborhood, and some plantings were done last year. C. HERITAGE PRESERVATION COMMISSION Lori Creamer, staff liaison to the HPC,presented the Commission's workplan. Creamer said the Commission's focus for 2013 will be on increasing education and encouraging public enjoyment of the City's historic properties. Plans for 2013 include: City Council Workshop Minutes February 5, 2013 Page 3 • Updating the interpretive panels program • Pursuing Local Heritage Site Designation for Staring Lake Outdoor Center and Glen Lake Children's camp • Completing a best management practice plan for the Cummins-Phipps-Grill property and the Goodrich Ramus Barn • Holding a joint meeting with the Eden Prairie Historical Society • Enhancing the City's website maps with historic information and links for rental opportunities for historic properties • Completing interpretive and site plans for the Dorenkemper House property Nelson encouraged the HPC to do even more with the City's website. She would like to see stories and pictures from Eden Prairie's past on the website. Butcher said there are grant funds available from the State Historical Society for these types of projects. Council Member Aho suggested adding QR codes to the interpretive panels, which would provide links to the City's website. Case said he would like to see historic photos and stories displayed at City Center. D. HUMAN RIGHTS & DIVERSITY COMMISSION Molly Koivumaki, staff liaison, and Pam Spera, Chair,presented the HRDC's 2013 work plan. Spera said the Commission would like to host several events in 2013. Two "Who Are Your Neighbors" events are planned, including one with the Somali community. Spera said the Commission used grant money to fund past events,but that money is no longer available. The Commission is reaching out to community groups to see if they are interested in partnering on events. They are also exploring the possibility of collaborating with other City commissions on events. HRDC will conduct its Human Rights Awards program again this spring. They are looking at ways to increase participation. Case asked how much grant money the Commission had in past years to fund events. Spera said the grant was for$2,000 and was used over the course of several years. Case said he felt the City Council would consider budgeting money for the Commission to hold events. E. PARKS, RECREATION & NATURAL RESOURCES COMMISSION PRNRC Vice Chair Hutch Coburn presented the Commission's work plan. Coburn said that the Commission's current focus is not on creating new facilities but maintaining the quality of existing facilities. At their January meeting, the PRNRC discussed beekeeping, farmers markets and the aquatic feasibility study. Topics they Commission will address in 2013 include: • Trails projects • Community Center Rink 2 improvements City Council Workshop Minutes February 5, 2013 Page 4 • Riley Lake Concept Plan • Therapeutic recreation services • Health and wellness initiatives • Outdoor athletics • Boundary inspections • Park maintenance • Recycling Coburn said the Commission rotates meetings to various park facilities to give members a better idea of what the City offers. Recent meeting locations include City Center, Homeward Hills Barn, the Senior Center, the Maintenance Facility and the Community Center. The Commission will also hold their annual park tour on July 1. Coburn said Council Members are welcome to join them for the tour. Nelson said based on input from the Town Hall Meeting with Seniors, she would like to see a bench plan created and implemented. She said she also continues to receive requests for permanent pickleball courts. Nelson said that she has had difficulty in locating information on the City website about which parks have play areas appropriate for specific age groups, and which park play areas have nearby parking and bench seating available. Getschow said improvements to the Park Finder portion of the website are on the work plan for IT staff for 2013. Case asked if the City still has a bench memorial program. Lotthammer said there is a bench memorial program, and several benches are added each year as part of the program. He also said staff is working on a pedestrian plan that will include benches. Open Podium - Council Chamber II. OPEN PODIUM III. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,FEBRUARY 5, 2013 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, Finance Director Sue Kotchevar, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL/CALL THE MEETING TO ORDER Acting Mayor Case called the meeting to order at 7:00 PM. Mayor Tyra-Lukens was absent. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added Item XIV.A.1. MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the agenda as amended. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JANUARY 22, 2013 MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the minutes of the Council workshop held Tuesday, January 22, 2013 as published. Motion carried 3-0-1,with Nelson abstaining. B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 22, 2013 MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, January 22, 2013 as published. Motion carried 3-0-1,with Nelson abstaining. CITY COUNCIL MINUTES February 5, 2013 Page 2 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE CLEAN WATER FUND GRANT AWARD FROM THE BOARD OF WATER& SOIL RESOURCES FOR INSTALLATION OF A POND SAND FILTER C. APPROVE JOINT POWERS AGREEMENT WITH THE CITY OF CHANHASSEN FOR IMPROVEMENTS TO HIGHWAY 101 AT PLEASANT VIEW ROAD D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP INC. FOR FINAL DESIGN SERVICES FOR THE SOUTHERN SEGMENT OF THE SHADY OAK ROAD IMPROVEMENTS E. AWARD CONTRACT FOR MINNESOTA RIVER FLOODPLAIN POND REPAIR PROJECT TO RACHEL CONTRACTING F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO INC. FOR MITCHELL ROAD SIDEWALK IMPROVEMENT PROJECT G. AWARD CONTRACT FOR WELL NO. 4 SERVICE AND UPGRADE TO BERGERSON-CASWELL INC. H. AWARD CONTRACT FOR WELL NO. 6 SERVICE AND UPGRADE3 TO BERGERSON-CASWELL INC. I. ADOPT RESOLUTION NO. 2013-25 DECLARING PROPERTYAS ABANDONED J. APPROVE UPDATED POLICY ON COMMUNITY USE OF PARKS AND RECREATION RENTAL FACILITIES K. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR THE RILEY LAKE PARK IMPROVEMENTS L. DECLARE OBSOLETE COMPUTER EQUIPMENT AS ABANDONED Regarding Item VIII.F., Getschow said this item is to approve a professional services agreement with HTPO, Inc. for the design and construction phase of a portion of the sidewalk on Mitchell Road. Ellis said we applied for a grant through Hennepin County to complete this portion of the sidewalk system that has a lot of pedestrian activity. The grant for $48,750 was approved today. Case asked if this is the section goes from Hwy 5 to Valley View Road. Ellis said it goes from Martin Drive north to Roberts Drive. CITY COUNCIL MINUTES February 5, 2013 Page 3 Regarding Item VIII.L.,Nelson asked if staff has made an attempt to give away our obsolete computers to community groups. Getschow said he believes we have reached out to groups if the equipment has some value. He noted we try to get every ounce of use from our computer equipment so some organizations might not want it. He will check to make sure we are offering the equipment to community groups. Case noted there are some things we weren't allowed to do in the past. Getschow said the first action is to declare it obsolete and then have a procedure to determine a fair and even way to dispose of it. MOTION: Aho moved, seconded by Butcher Wickstrom, to approve Items A-L on the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS/MEETINGS A. RESOLUTION NO. NO. 2013-26 VACATING EASEMENT OVER PART OF COTEAU TRAIL Getschow said this is a housekeeping item to vacate an easement over part of Coteau Trail to accommodate a private retaining wall. The City will retain a drainage and utility easement over the entire vacation area. Official notice of this public hearing was published in the January 17, 2013,Eden Prairie News and sent to 41 property owners. MOTION: Butcher Wickstrom moved, seconded by Nelson, to close the public hearing and to adopt Resolution No. 2013-26 vacating the public right-of-way easement over part of Coteau Trail as dedicated on the recorded plat of The Enclave at Old Shady Oak, Hennepin County, Minnesota. Motion carried 4-0. X. PAYMENT OF CLAIMS MOTION: Nelson moved, seconded by Aho, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho, Butcher Wickstrom, Nelson, and Case voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. City Commissions--Acting Mayor Case Case said at the workshop tonight the City Council heard reports from the various City commissions. He noted the Council depends on the commissions CITY COUNCIL MINUTES February 5, 2013 Page 4 for advice, and it is a valuable experience for residents of the community to serve on a commission. The City is currently taking applications for openings on the commissions. Anyone interested in applying for the commissions can get an application on the City website. He noted we also have opportunities for students to serve on commissions. Getschow said the City has a Students on Commissions program that is set up to coincide with the school year. The student members of the commissions play a role in advising the commissions on issues. B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. CLOSED SESSION TO DISCUSS PURCHASE OF REAL ESTATE PROPERTY Case said the Council will move to a closed session to discuss the purchase of real estate property for transportation improvement. Rosow said the property is located at 10100 Eden Prairie Road. MOTION: Aho moved, seconded by Butcher Wickstrom, to move to closed session. Motion carried 4-0. At 7:13 PM the City Council moved to closed session. XVII. ADJOURNMENT MOTION: Aho moved, seconded by Butcher Wickstrom, to adjourn the City Council meeting. Motion carried 4-0. Acting Mayor Case adjourned the meeting at 7:44 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 19, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A. Denise Christensen Release of Agreement Regarding Special Public Works /Engineering Assessments for Lot 1, Block 3, Bell Oaks Second Addition Requested Action Move to: Approve the Release of Agreement Regarding Special Assessments for Lot 1, Block 3, Bell Oaks Second Addition. Synopsis On September 7, 1999, the City Council authorized Resolution 99-157 whereas the property owners could pay a sum of$3,800.00 to the City and receive a Release of Agreement Regarding Special Assessments. We have received$3,800 as payment for the Release for Lot 1, Block 3, Bell Oaks Second Addition. Background Information On May 30, 1989, the City entered into a special assessment agreement with Bell Oaks Company regarding the levying of special assessments for street and utility improvements for a certain portion of Riverview Road. This work remains a pending project. However, due to the prolonged time frame of the project, the pending assessment has created difficulties during sales of homes subject to the assessment agreement. To provide an alternative solution, Council adopted Resolution No. 99-157 on September 7, 1999, and adopted Resolution No. 2009-36, on May 19, 2009, reaffirming Resolution 99-157, which allows a pre-payment of$3,800 towards the pending assessment in return for a Release of Agreement Regarding Special Assessments. Attachment Release of Agreement Regarding Special Assessments (Top 3 inches reserved for recording data) RELEASE OF AGREEMENT REGARDING SPECIAL ASSESSMENTS DATE: February 19,2013 FOR VALUABLE CONSIDERATION,the real property in Hennepin County,Minnesota,legally described as follows: Lot 1 Block 3,Bell Oaks Second Addition Check here if all or part of the described real property is Registered(Torrens)❑ is hereby released from the Agreement Regarding Special Assessments,dated May 30, 1989,executed between Bell Oaks Company,a Minnesota Limited Partnership and the City of Eden Prairie,filed on July 11, 1989,as Document Number 5552564,in the Office of the County Recorder of Hennepin County,Minnesota. CITY OF EDEN PRAIRIE By: Its:Mayor By: Its: City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2013 by , and ,the Mayor and City Manager,respectively, of the City of Eden Prairie,a Minnesota municipal corporation,on behalf of said corporation. Notary Public This instrument was drafted by: City of Eden Prairie 8080 Mitchell Road Eden Prairie,Minnesota 55344 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda February 19, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Rick Wahlen Approve Change Order No. 2 for Water Public Works/UtilitiesTreatment Clarifier Recoating Project in the Amount of$44,087 Requested Action Move to: Approve Change Order No. 2 for the Eden Prairie Water Treatment Plant Side 3 Clarifier Recoating Project, in the amount of$44,087. Synopsis Repairs to the sheet metal welds within the City's water treatment clarifier equipment must be made before the repainting process can continue. The nature of these welding repairs could not have been seen prior to the removal of the existing paint and exceeds the scope of the original contract, requiring a Change Order to authorize the additional work. Background Information During sandblasting of the water treatment plant's third set of clarifiers to prepare the equipment for repainting, contractors exposed dozens of unsatisfactory welds that were emplaced when the treatment systems were constructed in 1988. These welds had been patched with a filler material after construction,prior to the last painting, which made them appear to be clean and complete until sandblasting removed the filler. The unsatisfactory welds do not impact the structural integrity of the equipment, however, the rough, ragged, and hole-filled welds create surfaces that cannot maintain a quality paint job. Competitive welding prices were obtained by the contractor to complete this work, and the least expensive, commercially proficient welding contractor was selected to perform the work. This Change Order includes additional costs associated with the performance of the welding, including overtime labor fees required by the contractor to make up the time lost by this ten-day interruption to the project timeline. Due to the dryness of last year's summer and fall seasons, combined with a fairly light winter snowfall, the City cannot afford to take a chance on extending the project into the spring. All costs for this project will be paid from the Water Utility Fund. Attachments • Recommendation Letter • Change Order No. 2 I:CeProgressive Consulting Engineers, Inc. 6120 Earle Brown Drive,Suite 629,Minneapolis,MN 55430-2581 (763)560-9133 FAX(763)560-0333 February 8, 2013 Mr. Rick Wahlen, Manager of Utilities Eden Prairie Utilities 14100 Technology Drive Eden Prairie, Minnesota 55344 RE: Eden Prairie Utilities Side 3 Clarifier Recoating Project 12703 Change Order No. 2 Dear Mr. Wahlen: Attached please find a copy of Change Order No. 2 for EP 12703 Side 3 Clarifier Recoating Project for Eden Prairie City Council approval. The change order is for: welding of clarifier cone joints and flume attachment joints; and, overtime charges, due to the delay caused by the welding activities, for completion of the project by the substantial completion date. The following information is the basis for the estimated cost to complete the work covered by this change order. This cost is included on the attached Change Order 2 form for this project. Welding Cost Per Day The labor and equipment costs for a 10 hour day with 8 hours on site and 2 hours travel time (due to travel time costs and efficiency gains of a longer work day the cost for a 10 hour day was calculated) Journeyman 2 @ $90.00/hr x 8 $1440.00/day Overtime 2 @ $90.00/hr x 1,5 $ 540.00/day Union fee for OT $ 32.00/day A&B labor cost $2012.00/day Equipment charges Electric Welder $ 110.00/day Service Truck $ 155.00/day A&B Equipment cost $ 265.00/day A&B labor and equipment total $2277.00/day Civil • Structural • Water Supply • Municipal ( Progressive Consulting Engineers, Inc. 6120 Earle Brown Drive,Suite 629,Minneapolis,MN 55430-2581 (763)560-9133 FAX(763)560-0333 Champion Markup 10% $ 227.70/day Champion Helper$68/hr x 8 $ 544.00/day Total Cost per day $3048.70/day Estimated Time to Complete the Welding Based on welding an average of 10 cone joints (inside and outside)per day There are 60 joints (26 Primary Clarifier joints and 34 Secondary Clarifier joints) that require welding on the inside of the cones and on the outside of the cones. Also the flume connections to the cones will require some welding. Based on 10 joints welded per day and 60 joints to be welded plus the flume connections to the cone, the following is the estimate of days needed to complete the work. 60 joints/ 10 joints per day = 6 days 32 trough joints/ 16 per day = 2 days Subtotal number of days = 8 days Grind jagged welds for painting = 1 day 10% contingency (9 x 0.1) = 1 days Total number of days = 10 days Prime Contractor(Champion Coatings) Costs to Address Delay in the Recoating Activities due to the Welding Activities Overtime charge per hour of$34.00 per hour in excess of 40 hours per week or for Saturdays and Sundays Based on 5 FTE's working 10 hours on a Saturday or working 10 hours per day for 5 days Overtime cost(10 hours x $34.00/hour x 5 FTE's) = $1700.00 This would make up 1.25 day of lost time Cost for lost days 10 days lost time divided by 1.25 days = 8 days equivalent to make up for 10 days lost time Cost for overtime (8 days x $1700.00 per day) = $13,600.00 Civil • Structural • Water Supply • Municipal ( Progressive Consulting Engineers, Inc. 6120 Earle Brown Drive,Suite 629,Minneapolis,MN 55430-2581 (763)560-9133 FAX(763)560-0333 Change Order 2 Amount Welding cost 10 days at $3048.70 per day = $30,487.00 Overtime cost to make up for lost days 8 day equivalent at $1700.00 per day= $13,600.00 Total Change Order Amount Welding plus overtime =$44,087.00 Please contact me if you have any questions or comments. Sincerely, ,,-'mot Adam J. Kramer, P.E. Project Manager Progressive Consulting Engineers 612-432-5656 Attachments: Change Order 2 with Attachments Civil • Structural • Water Supply • Municipal Change Order No. 2 Date of Issuance: February 20,2013 Effective Date: February 20,2013 Project: Owner: Owner's Contract No.: Eden Prairie Project#12703 Eden Prairie Utilities Contract: Date of Contract: Side 3 Clarifier Recoating Project November 26,2012 Contractor: Engineer's Project No.: Champion Coatings,Inc. PCE Project No. 12019 The Contract Documents are modified as follows upon execution of this Change Order: Description: Weld repairs as needed on joints of primary and secondary clarifier cone structure and flume attachment joints on the cones. Overtime work,to complete the project by the substantial completion date,required because of the delay caused by the welding activities. **Overtime will be paid for an equivalent number of days lost due to the welding activities up to 10 days. Attachments(list documents supporting change):5 Transmittal letter;Emails Gary Johnson Champion Coating 02/03/13@l1:36 a.m.,02/05/13@9:22 a.m.;A&B Labor Rates;A&B Equip Rates CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: Original Contract Times: ❑ Working days ❑ Calendar days Substantial completion(date):March 29,2013 $419,500.00 Ready for final payment(date):April 12,2013 Increase from previously approved Change Orders [Increase][Decrease] from previously approved Change Order No.Lj to No.f x]: No. 1: Substantial completion(days):zero $3200.00 Ready for final payment(days):zero Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial completion(days or date):March 29,2013 $422,700.00 Ready for final payment(days or date):April 12,2013 Increase of this Change Order: Increase of this Change Order: Substantial completion(date):zero $ **$44,087.00 maximum Ready for final payment(date):zero Contract Price incorporating this Change Order: Contract Times with all approved Change Orders: Substantial completion(date):March 29, 2013 $**$466,787.00 maximum Ready for final payment(date):April 12,2013 RECOMMENDED: ACCEPTED: ACCEPTED: By: ��s__�� By: By: Engineer(Authorized Signature) Owner(Authorized Signature) Contractor(Authorized Signature) Date: Date: Date: Approved by Funding Agency(if applicable): Date: EJCDC No.C-941(2002 Edition) Page 1 of 1 Prepared by the Engineers'Joint Contract Documents Committee and endorsed by the Associated General Contractors of America and the Construction Specifications Institute. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar Feb. 19, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Joyce Lorenz, Approve four-year contract with Vision Internet Communications Division Providers, Inc. for website hosting,upgrade, support and redesign services. Requested Action Move to: Approve four-year contract with Vision Internet for website hosting, upgrade, support and redesign services in the amount of$6,750 per year, or$27,000 total. Synopsis Since launching the City's new website in April 2012, which was designed by Vision Internet, the City has been hosting the site on its own server. Changes in Vision Internet's service model have made it more attractive for the City to pay Vision Internet for website hosting with a 4-year service agreement. Benefits of this new arrangement will include: • Vision Internet will be responsible for performance of website, instead of the City's IT staff. • City's website will receive automatic enhancements,upgrades, bug fixes and updates. • General technical support during business hours and 24/7 emergency support. • Redesign of City's website at conclusion of four-year agreement. Attachment visionLiveTM Subscription Services Agreement visionLiveTM Subscription Services Agreement Vision Internet Providers Incorporated Account Terms and Conditions These Terms and Conditions, and any addendum signed by the parties and attached hereto,represents the complete agreement and understanding ("Agreement") between Vision Internet Providers Inc. ("Vision Internet"), a California corporation, and City of Eden Prairie (the "Client"), and supersedes any other written or oral agreement with regard to the Subscription Services provided for herein. Client and Vision Internet are sometimes individually referred to as "Party" and collectively as "Parties." 1. Ongoing Service Provisions Pursuant to the terms herein, Vision Internet agrees to provide Hosting Services, Upgrade Services, and Support Services (collectively "Subscription Services") as provided below for the Client's website, which utilizes Vision Internet's Vision Content Management System ("VCMS") developed under a prior or concurrent agreement by and between Vision Internet and Client ("Website Development Agreement"). To the extent that the Website Development Agreement and/or any other prior agreement entered into by and between Vision Internet and Client conflicts with this Agreement, then the terms and conditions of this Agreement shall supersede, replace, and amend any and all conflicting provisions of such prior agreement. Vision Internet will provide Subscription Services to the Client in exchange for payment of fees and compliance with the terms and conditions of this Agreement. Subscription Services include the following: (a) Hosting Services Vision Internet will provide shared website hosting on a Microsoft Windows Server and shared database hosting on a Microsoft SQL Server for one (1)unique domain. (b) Upgrade Services Vision Internet will provide Upgrade Services which include: • Enhancements to the backend VCMS functionality. • Enhancements to the Included Interactive Components that were developed under the Website Development Agreement or other prior agreement entered into by and between Vision Internet and Client. • New Interactive Components released from time to time according to the visionLiveTM Roadmap ("Roadmap"). • Bug fixes to the VCMS code. • Updates to provide compatibility to future versions of Supported Web Browsers (as defined below) within three months of their release. Compatibility with previous versions of Supported Web Browsers is not guaranteed. Client understands and agrees that the Supported Web Browsers for the frontend of the website currently are Firefox, Internet Explorer, Chrome, and Safari. Client understands and agrees that Supported Web Browsers for the backend of the website currently are Firefox and Internet Explorer. Client understands and agrees that Supported Web Browsers for visionMobile"' currently are iOS Safari, Android Chrome, and Windows Phone 7 Internet Explorer. All of the web browsers listed in 1 Client's Initials Vision Internet's Initials this paragraph, and any others added by Vision Internet at its discretion are herein referred to collectively as the "Supported Web Browsers". To receive the Upgrade Services, a non-interrupted Subscription Services Agreement must be in place from time of website launch and the VCMS code must be unmodified. Upgrade Services do not include: • Optional Interactive Components. • Modules, Programs, or Software Applications. • New VCMS Interactive Components. • Conversion to new platforms. • Modification of third-party products. • Updates to provide compatibility to third-party products, except for those included in VCMS. • Upgrades that require modification to website design. • System configuration, website content editing and/or formatting, website design, custom data updates, etc. (c) Support Services Support Services is defined as technical support for the unmodified VCMS. Vision Internet will provide Support Services to a designated Client account manager, system administrator or webmaster. Technical support is generally available by email and telephone from 7:00 AM to 5:00 PM Pacific Time Monday through Friday excluding holidays ("Business Hours"), with emergency support available 24 hours a day, 7 days a week. An emergency is defined as the website being down for more than ten(10)minutes. (d) Redesign Services At the conclusion of year four of an uninterrupted Subscription Services agreement, the Client will be entitled to a basic graphic redesign of one (1) website and two (2) Design Themes (Community Center and Eden Prairie Liquor).Services shall include: • Project Management • Wireframe Development • Graphic Design Development with one preliminary concept • Graphic Production Vision Internet will not develop a sitemap or new content as part of the redesign, but will assist the Client in transferring existing content into the new design 2. Fees Rate: $ 6,750 per year payable to Vision Internet in U.S. funds in advance, which rate shall be increased by five percent (5%) per year, for each year of the Initial Term (defined below), and any and all renewal terms, as provided in Section 3 below. Vision Internet shall invoice Client annually within thirty days of start of service or any renewal term as defined below. Any services not covered in this Agreement will be subject to additional fees and will be considered extra work ("Extra Work"). Extra Work will be billed at Vision Internet's prevailing hourly rates, which are currently as 2 Client's Initials Vision Internet's Initials follows: HTML Programming, Content Migration, $85/hr; Graphic Production $95/hr; Quality Assurance, Testing, Debugging, Technical Support, Webmaster Services, $105/hr; Consulting, Project Management, Database Design, Dynamic Programming, $135/hr; Graphic Design, Training, $125/hr. Client shall be responsible for any or all additional fees including, without limitation: software, applications, online promotion, marketing, copy writing, redesign, change orders, mailings, and fees to any third party vendors if applicable. Calls outside of Business Hours not deemed an emergency as defined above will be subject to a minimum fee of$135. 3 . Term The Subscription Services will begin when the website is hosted on the production server and remain in effect for a period of four years thereafter (the "Initial Term"). With respect to the Initial Term, unless one party has given written notice to the other party of its intent not to renew this Agreement at least thirty (30) days prior to expiration of the Initial Term, this Agreement will continue in effect on a year-to-year basis thereafter until one party gives written notice to the other of its intent not to renew this Agreement at least thirty (30) days prior to the expiration of any renewal term. If the term of this Agreement is extended or renewed in accordance with the foregoing, all of the terms and conditions of this Agreement shall continue, unmodified, in full force and effect, until the end of the last applicable renewal or extension term, except that all rates, fees, charges, and compensation payable to Vision Internet hereunder shall be increased by five percent(5%)per year, for each annual renewal term extending the term hereof. 4. Subscription Services Website Usage (a) The Client shall use the Subscription Services in strict accordance with, but not limited to, all local, state, and federal laws. The Client shall not use the Subscription Services for any unlawful or destructive purpose including, but not limited to, copyright and/or trademark infringement. The Client hereby represents and warrants that any text, data, graphics, or any other material displayed or published by the Client on their Website is, and shall continue to be, throughout the term of this Agreement, free from violation of or infringement upon copyright,trademark, service mark, patent, trade secret, statutory, common law or proprietary or intellectual property rights of others, and is free from obscene or libelous material. (b) The Client represents and warrants that it has or has obtained all rights necessary to display all the images, data, information or other items being displayed at the Client's Website. The Client expressly authorizes Vision Internet to display those images, data, information or other items. (c) The Client shall not misuse any of Vision Internet's resources or cause any disruption to Vision Internet's business ("Misuse"). Examples of Misuse include, but are not limited to, the display of pornography or linking to pornographic material, the sending of chain letters, advertisements, solicitations, or mass mailings to individuals who have not agreed to be contacted in this manner(including,but not limited to,what is commonly referred to as "Spam"). (d) The Client shall not use any process, program or tool via Vision Internet for gaining unauthorized access to the accounts of other parties, including but not limited to, other Vision Internet clients, customers or account holders or other Vision Internet systems. The Client shall not use Subscription Services to make unauthorized attempts to access the systems and networks of others. Client shall not use Vision Internet's services as a door or signpost to another server. 3 Client's Initials Vision Internet's Initials (e) The Client shall not use Subscription Services in a manner in which system or network resources are denied to other Vision Internet clients, customers or account holders. This includes, but is not limited, to excessive memory usage and programs that consume excessive CPU resources. (f) The Client will have password access to the VCMS through the Subscription Services. The Client agrees to be responsible for keeping all passwords secure and will immediately notify Vision Internet if a password is lost, stolen or compromised in any way. The Client shall be responsible for all use of Subscription Services accessed through the Client's passwords. The Client's passwords are not transferable to any third party and are subject to any limits established by Vision Internet. 5. Disclaimers and Acknowledgments (a) The Internet (i) The Client acknowledges that, when using the Internet, the Client is using a completely different physical network than the Vision Internet communications network and different content than available on Vision Internet. The reliability, availability and performance of resources accessed through the Internet are beyond Vision Internet's control and are not in any way warranted or supported by Vision Internet. The Client acknowledges that safeguards relative to copyright, ownership, decency, reliability and integrity of content may be entirely lacking with respect to the Internet and content accessible through it. Vision Internet makes no warranty that any systems accessed will be free of computer viruses. The Client is responsible for making backup copies of their files. The Client assumes all risk and liability of its use of the Internet. (ii) The Client specifically acknowledges that Vision Internet provides access to other systems not controlled by Vision Internet including, but not limited to, discussion groups, websites and databases, that may contain pictures and language intended for adult audiences. The Client further understands that Vision Internet is not responsible for any damages that may result from exposure to such material and the Client shall hold Vision Internet harmless from any damages that may result. (iii) Vision Internet does not warrant (a) any connection to, transmission over, nor results or use of, any network connection or facilities provided under this Agreement or (b) any third-party applications and software obtained by, for, or on behalf of Client. VISION INTERNET MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS OF THE SUBSCRIPTION SERVICES FOR ANY PARTICULAR PURPOSE WHATSOEVER. Vision Internet assumes no responsibility for any damages suffered by the Client, including, but not limited to, server down time, loss of data, loss of business, mis-deliveries, delays, non-deliveries, access speed, service interruptions of any kind, or to third-party applications and software used by Client. In no event, at any time, shall the aggregate liability of Vision Internet exceed the amount of fees paid by Client to Vision Internet and Vision Internet shall not be responsible for any lost profits or other damages, including direct, indirect, incidental, special, consequential or any other damages, however caused. 4 Client's Initials Vision Internet's Initials (iv) The Client acknowledges that the information available through the Internet may not be accurate. Vision Internet has no ability or authority over the material. In addition, Vision Internet has no liability for the quality, accuracy, or validity of the data/information delivered over the Internet. Use of information gathered through the use of Vision Internet services is at the risk of the Client. (b) Domain Name and Secure Digital Certificate If agreed to under this Agreement, Vision Internet will apply for a custom domain name of the Client's choosing. Vision Internet cannot guarantee the availability of any particular name. Client is responsible for all fees charged by the registrar(i.e. Verisign or Dotster) including setup and renewal fees. Client shall be responsible for all licensing fees, if any, including but not limited to secure digital certificate renewal fees. Vision Internet shall not be responsible for maintaining or renewing domain names, digital certificates, or any other third party registrations. 6. Indemnification (a) Vision Internet will defend, hold harmless and indemnify Client from and against all liability costs and expenses including reasonable attorney fees resulting from claims of injury to person, damages to property, or monetary damages arising out of Vision Internet's negligence or intentional misconduct. (b) The Client will defend, hold harmless and indemnify Vision Internet, its officers, directors, shareholders, employees and agents from and against all liability costs and expenses including reasonable attorney fees resulting from claims of injury to person, damages to property, or monetary damages arising out of the Client's negligence or intentional misconduct. 7. Defaults The occurrence of any one or more of the following shall constitute an Event of Default under this Agreement: (a) Any Misuse of Vision Internet resources that disrupts Vision Internet's business constitutes an Event of Default of the Client. (b) The Client's breach of any representation, warranty, term or provision of this Agreement constitutes an Event of Default of the Client. (c) Vision's breach of any representation, warranty, term or provision of this Agreement constitutes an Event of Default of Vision. 8. Remedies (a) If Vision Internet discovers that the Client is displaying content that is in violation of any of the foregoing provisions, Vision Internet may discontinue or suspend access to the Client's Website without prior notice, until the violating item(s) have been resolved. However, the Client shall remain liable for all payments due under this Agreement as if access had not been interrupted; (b) If an Event of Default of the Client occurs, Vision Internet may immediately 5 Client's Initials Vision Internet's Initials discontinue or suspend access to the Client's Website without prior notice and may immediately terminate this Agreement. However, if access is only suspended, the Client shall remain liable for all payments due under this Agreement as if access had not been interrupted; and/or (c) If an Event of Default of the Client occurs and remains uncured for at least ten (10) days after Vision Internet's delivery of written or email notice to Client, Vision Internet may immediately terminate Subscription Services and this Agreement. (d) If an Event of Default of Vision occurs and remains uncured for at least ten (10) days after the Client's delivery of written or email notice to Vision, the Client may immediately terminate Subscription Services and this Agreement. Upon such termination for an Event of Default of Vision, Client shall be entitled to a refund of a pro rata share of the annual fee paid to Vision. 9. Documents &Data; Licensing of Intellectual Property This Agreement creates a non-exclusive and perpetual license for Client to copy, use, or modify for its own use, any and all copyrights, designs, and other intellectual property embodied in this website, which are prepared or caused to be prepared by Vision Internet under this Agreement ("Documents & Data"), to which Vision Internet retains ownership of all intellectual property rights. Notwithstanding anything to the contrary in any of the agreement documents, Client understands and agrees that Vision Internet shall retain all right, title, and interest to the Vision Content Management System Tm (also known as the Vision Internet Content Management System, VCMT, VCMS and the Vision Content Management Tool), and Dynamic and Interactive Components. 10. Other (a) The headings in this Agreement are intended solely for convenience and shall be given no effect in the construction or interpretation of this Agreement. (b) The Client agrees that a failure to exercise or delay in exercising any right,power or privilege on the part of Vision Internet will not operate as a waiver or estoppel thereof. (c) Neither the course of conduct between parties nor any trade practice shall act to modify the provisions of this Agreement except as expressly stated herein. (d) This Agreement shall be governed by and construed in accordance with the laws of the United States of America, and the State of Minnesota. Any cause of action of the Client with respect to the services provided hereunder must be instituted within one year after the claim or cause of action has arisen or been discovered or be forever barred. Further,jurisdiction and venue for any cause of action or claim with respect to the services provided hereunder shall be exclusively in the County of Hennepin,Minnesota. (e) Except for any injunctive relief or similar remedy, which may be sought in any court of competent jurisdiction, any controversy, dispute, claim or counterclaim, whether it involves a disagreement about this Agreement or its meaning, interpretation, or application; the performance of the Agreement; questions of arbitrability as to subject matter of the dispute; whether an agreement to arbitrate exists and, if so, whether it covers the dispute(s) in question; or any other question of arbitrability or form of disagreement or conflict among the parties to the Agreement, shall be 6 Client's Initials Vision Internet's Initials submitted to final and binding arbitration at the request of either party, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Each party shall be responsible for one-half of the costs for the arbitrator(s) and arbitration. (f) Should a dispute, including but not limited to any litigation or arbitration be commenced (including any proceedings in a bankruptcy court) between the parties hereto or their representatives concerning any provision of this Agreement, or the rights and duties of any person or entity hereunder, the party or parties prevailing shall be entitled to attorneys' fees, expenses of counsel and court costs incurred by reason of such action. (g) With the intent to be legally bound, each of the undersigned hereby covenants and acknowledges that he, she or it (i) has read each of the terms set forth herein, (ii) has the authority to execute this Agreement for such person or entity, and (iii) expressly consents and agrees that the person or entity upon behalf of which the undersigned is acting shall be bound by all terms and conditions contained herein. (h) The parties have each been advised to seek independent legal counsel in entering into this Agreement and the transactions described herein. In the event a party chooses not to seek independent legal counsel, that party does so freely and knowingly and waives any such rights to counsel. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. (i) Any delay in the performance by either Party hereto of its obligations hereunder shall be excused when such delay in performance is due to any cause or event of any nature whatsoever beyond the reasonable control of such Party, including, without limitation, any act of God; any fire, flood, or weather condition; any computer virus, worm, denial of service attack; any earthquake; any act of a public enemy, war, insurrection, riot, explosion or strike; provided, that written notice thereof must be given by such Party to the other Party within ten (10) days after occurrence of such cause or event. (j) This Agreement, including any attached exhibits, is the entire, complete, final and exclusive expression of the parties with respect to the Subscription Services and supersedes all other agreements or understandings, whether oral or written, or entered into between Client and Vision Internet prior to the execution of this Agreement related thereto. No amendment to this Agreement shall be valid and binding unless in writing duly executed by the parties or their authorized representatives. (k) It is understood and agreed that if any interpretation is to be made of this Agreement,the same shall not be construed for or against any of the Parties. If any provision of this Agreement is determined to be invalid, all other provisions shall remain in full force and effect. (1) This Agreement may be executed in counterparts, each of which shall be an original and all of which together shall constitute one and the same Agreement. This Agreement becomes effective upon Vision Internet's receipt of an executed copy of this Agreement and receipt of any sums of money that are provided for herein. 7 Client's Initials Vision Internet's Initials (m) All notices under this Agreement shall be in writing and effective on the date of delivery if delivered by personal service, Federal Express, or facsimile; or effective three (3) days after deposit in first class U.S. mail,postage prepaid,to each party as follows: (1)Client: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Attn: Joyce Lorenz Fax: 952-949-8390 (2)Vision Internet: 2530 Wilshire Boulevard, 2nd Floor Santa Monica, California 90403 Attn: Steven Chapin Fax: (310) 656-3103 11. Data Practices Act. Vision shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat. Section 13.01, et seq., to the extent that the Act is applicable to data and documents in the hands of Vision. 12. Audits. The books, records, documents, and accounting procedures and practices of Vision or other parties relevant to this agreement are subject to examination by the City and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this Agreement. 13. Worker's Compensation. Vision represents and warrants that it has and will maintain during the performance of this agreement worker's compensation insurance coverage required pursuant to California State Law. 14. Discrimination. In performance of this contract, Vision shall not discriminate on the grounds of or because of race, color, creed, religion, national origin, sex, marital status, status with regards to public assistance, disability, sexual orientation, or age against any employee of Vision, any subcontractor of Vision, or any applicant for employment. Vision shall include a similar provision in all contracts with subcontractors to this contract. 15. 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." 16. Independent Contractor. Vision is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Vision and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find Vision an employee of the City. 8 Client's Initials Vision Internet's Initials IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates set forth next to their signatures below. CITY OF EDEN PRAIRIE Date: By: Print Name: Title: Mayor Date: By: Print Name: Title: City Manager VISION INTERNET PROVIDERS, INC. DATE: By: STEVEN CHAPIN Title: President 9 Client's Initials Vision Internet's Initials Attachment A Client and Vision Internet may have already entered into one or more separate agreements which specify (1)the inclusion of Included and/or Optional Interactive Components and Features and/or(2)browser compatibility, and/or(3)hosting provisions. To the extent that any prior agreement entered into by and between Vision Internet and Client conflicts with this Agreement,then the terms and conditions of this Agreement shall supersede,replace, and amend any and all conflicting provisions of such prior agreement. 1. Included Interactive Components and Features The following are the initial Included Interactive Components and Features provided in Client's project, subject to upgrades and revisions based on Vision Internet's then current Included Interactive Components listed on the Roadmap. Additional options may be available and can be added for an additional fee: SITE ADMINISTRATION AND SECURITY • Audit Trail Log • Flexible Site Variable Settings • Backend Content Title Search • Image Library • Backend Dashboard • Page Template Library • Broken Link Reporter • Personal Toolbar • Content Review and Publishing • Role-Based Security • Component Manager • Scheduled Content Review • Content Scheduling • SiteMasterTM Template Builder • Context Sensitive Online Help • Submission Validation(reCAPTCHA) • Custom Fields • Recycle Bin • Departmental Page Restrictions • Updated and Expired Content Reporting • Document Central • Web Traffic Statistics • Drag and Drop Multiple File and Image • Widget-based Layout Options Uploading • Workspace • Email Address Masking • Enhanced User Interface CONTENT EDITING • Advanced WYSIWYG Editor • Table Wizard • Search and Replace • Undo/Redo • Spell Checker • User Commenting • Style Gallery • Version Control ADVANCED NAVIGATION MANAGEMENT • Automatic Breadcrumbs • Navigation Control • Connected Pages • Navigation Redirect • Content Categories • Page Linking • Dynamic Drop Down Menus • Quick Links 10 Client's Initials Vision Internet's Initials • Error 404(Page Not Found)Handling • Single-Source Publishing • External Link Splash Page • Site Search(Google CSE) • Friendly URL Redirect • Sitemap Generator USER EXPERIENCE AND INTERACTIVITY • Business Directory • In-page Content Editing • Community Spotlight • Job Posts • Dynamic Calendar System • News • Dynamic Homepage • RFP Posts • Facilities Directory • Rotating Homepage Banners • Facilities Reservations • Service Directory • Feedback Form • Staff Directory • Form Builder • Sticky News • Frequently Asked Questions • Weather Update DEPARTMENT MANAGEMENT • Department-Level Administration • Department-Level Navigation • Depaitiuent-Level Sitemap OUTREACH, MEDIA, AND SOCIAL NETWORKING • Agenda and Minutes Archive • GovTrack CRMTM • Audio and Video Embedding • OneClick Social NetworkingTM • Bookmark and Share • Photo Gallery&Slideshow • eNotification • Responsive Design with visionMobileTM • Emergency Alert (site wide) • RSS FeedReaderTM • Facebook FeedReaderTM • Twitter FeedReaderTM • Forward to a Friend ACCESSIBILITY • Automatic Alt-Tags • Google Translation Integration • Dynamic Font Resizing • Printer Friendly Pages • Dynamic Reader Download Links • Table Accessibility Tools ADDITIONAL INTERACTIVE COMPONENTS AND FEATURES • Approval Cycle • Document Central PDF Converter • Design Themes(3) 11 Client's Initials Vision Internet's Initials 2. Customizations The following are customizations the Client may be interested in carrying over to the new version of the VCMS. Please note that these customizations will not be implemented as a part of the initial VCMS upgrade and can be added at a later date for a cost to be determined: • Online Photo Submission 12 Client's Initials Vision Internet's Initials CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 19, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D. Community Development/ Resolution approving execution of a Consent Janet Jeremiah and Subordination Agreement for Summit Molly Koivumaki Place Refinancing Requested Action Move to: Adopt Resolution approving execution of a Consent and a Subordination Agreement regarding refinancing for Summit Place. Synopsis The owners of Summit Place Senior Housing are refinancing the project and the attached resolution allows them to assign TIF payments from the City to their lender,MMA Mortgage Investment.It also subordinates a TIF loan provided by the City in 1999 to a new mortgage loan provided by MMA Mortgage Investment Corporation. Background Summit Place is a 320 unit senior rental project located at Flying Cloud Drive and Fountain Place Road immediately south of the Eden Prairie Center. The project is part of a Tax Increment Financing(TIF) district created in 1999 to help subsidize 20%of the total units for seniors with incomes below 50%of the median income for the metro area. Attachments • Resolution • Subordination Agreement • Assignment CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2013- RESOLUTION APPROVING A MORTGAGE SUBORDINATION AGREEMENT BETWEEN THE CITY AND OAK GROVE COMMERCIAL MORTGAGE,LLC WHEREAS, EP Assisted Living, LLC, a Minnesota Limited Liability Company (EP Assisted) has obtained a mortgage loan from Oak Grove Commercial Mortgage, LLC (Oak Grove) in the principal amount of Thirteen Million Eight Hundred Eighty-Eight and No/100 Dollars ($13,888,000.00) ("Assisted Loan") for a ninety-five (95) unit assisted living facility known as the Summit Place Assisted Living located in Eden Prairie, Minnesota; and WHEREAS, EP SENIOR HOUSING, LLC, a Minnesota limited liability company ("EP Senior") has obtained a mortgage loan from OAK GROVE in the principal amount of Twenty- Three Million and No/100 Dollars ($23,000,000.00) ("SH Loan") for a on hundred seventy (170) unit senior housing facility known as the Summit Place Senior Housing located in Eden Prairie, Minnesota; and WHEREAS, as of February 12, 2002, EP Assisted and EP Senior obtained a mortgage loan from the City in the original principal amount of Two Million Two Hundred Thousand and No/100 Dollars ($2,200,000.00) (City Loan) secured by a Mortgage dated February 12, 2002, by and between EP Senior, as Mortgagor, EP Assisted, as Mortgagor, SC Minnesota Properties, LLC, a Minnesota limited liability company, as Mortgagor, and the City of Eden Prairie as Mortgagee, recorded in the office of the County Recorder in and for the County of Hennepin, State of Minnesota as Document No. 7652273 and in the office of the Registrar of Titles in and for the County of Hennepin, State of Minnesota as Document No. 3502317 (City Mortgage) ; and WHEREAS, as a condition precedent to the making by OAK GROVE of the Assisted Loan and the SH Loan, OAK GROVE has required that the lien of the City Mortgage be fully subordinated to the lien of the OAK GROVE Mortgage pursuant to that certain Summit Place Amended and Restated Subordination Agreement dated as of between EP Assisted, EP Senior, OAK GROVE and City; and WHEREAS, pursuant to the terms of the Amended Project Management Agreement dated December 18, 2001, as amended by the Second Amended Project Management Agreement dated June 1, 2004, the City agreed to subordinate the City Mortgage to all subsequent mortgage financing for the Project. NOW THEREFORE BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT the Summit Place Amended and Restated Subordination Agreement and the Second Amended and Restated Assignment of Tax Increment Financing (the "Documents") attached hereto are hereby approved. The Mayor and City Manager are hereby authorized to execute the Documents in the form attached hereto with such changes as are recommended by the City Attorney and approved by the Mayor and City Manager, such approval being evidenced by their execution of the Documents, and also to execute such other documents and certificates as may be necessary, as determined by the officers executing such documents referred to above, to give effect to the transactions herein contemplated. ADOPTED by the Eden Prairie City Council on February 19, 2013. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk This instrument was drafted by: Alyson Van Dyk, Esq. Oppenheimer Wolff&Donnelly LLP 45 South Seventh Street, Suite 3300 Minneapolis, MN 55402-1609 SUMMIT PLACE SUBORDINATION AGREEMENT THIS SUBORDINATION AGREEMENT ("Subordination Agreement") made and entered into as of the first day of May, 2009, by and between EP ASSISTED LIVING, LLC, a Minnesota limited liability company ("EP Assisted"), and EP SENIOR HOUSING, LLC, a Minnesota limited liability company ("EP Senior"), each of whose offices are located at 3601 Park Center Boulevard, Suite 210, St. Louis Park, Minnesota 55416 (EP Assisted and EP Senior are collectively referred to as "Borrowers"), MMA MORTGAGE INVESTMENT CORPORATION, a Florida corporation, with its offices located at 2177 Youngman Avenue, Saint Paul, Minnesota 55116 ("MMA"), and the CITY OF EDEN PRAIRIE, MINNESOTA, a Minnesota municipal corporation, with its offices at ("City"), (MMA and the City are sometimes collectively referred to herein as "Lenders"). RECITALS: A. EP Assisted has obtained a mortgage loan from MMA in the principal amount of Thirteen Million Eight Hundred Eighty-Eight and No/100 Dollars ($13,888,000.00) ("Assisted Loan") for a ninety-five (95) unit assisted living facility known as the Summit Place Assisted Living located in Eden Prairie, Minnesota (the "Assisted Living Project") on the real property described in Exhibit A attached hereto ("AL Premises"), which Loan is being insured by the Federal Housing Administration (the "FHA") of the United States Department of Housing and Urban Development ("HUD") under Section 223(a)(7) of the National Housing Act of 1934, as amended (the "Act") pursuant to the FHA's Commitment dated March 26, 2009, as amended (FHA Project No. 092-43087) (the "HUD AL Commitment"). In conjunction with and as evidence of the Assisted Loan, EP Assisted and MMA have entered into and executed those certain documents and agreements identified in Exhibit C attached hereto and incorporated herein by reference (the "Assisted Loan Documents"). B. EP Senior has obtained a mortgage loan from MMA in the principal amount of Twenty-Three Million and No/100 Dollars ($23,000,000.00) ("SH Loan") for a on hundred seventy (170) unit senior housing facility known as the Summit Place Senior Housing located in Eden Prairie, Minnesota (the "Senior Housing Project") on the real property described in Exhibit B attached hereto ("SH Premises"), which Loan is being insured by the Federal Housing Administration (the "FHA") of the United States Department of Housing and Urban Development ("HUD") under Section 207 pursuant to Section 223(f) of the National Housing Act of 1934, as amended (the "Act") pursuant to the FHA's Commitment dated , 2009, as amended (FHA Project No. 092-11255) (the "HUD SH Commitment"). In conjunction with and as evidence of the SH Loan, EP Senior and MMA have entered into and executed those certain documents and agreements identified in Exhibit D attached hereto and incorporated herein by reference (the "SH Loan Documents"). C. As of February 12, 2002, the Borrowers obtained a mortgage loan from the City in the original principal amount of Two Million Two Hundred Thousand and No/100 Dollars ($2,200,000.00) for the Assisted Living Project and the Senior Housing Project on the real property described in Exhibit B and Exhibit C, respectively. In conjunction with and as evidence of the City Loan, the Borrowers and the City entered into and executed those certain documents and agreements identified in Exhibit E attached hereto and incorporated herein by reference (the "City Loan Documents"). D. EP Assisted, MMA, and the City hereto agree that the loans and corresponding loan documents referred to herein shall have the following order of priority: 1) The Assisted Loan and the Assisted Loan Documents shall have a first and senior priority; 2) The City Loan and the City Loan Documents shall have second priority behind the Assisted Loan and the Assisted Loan Documents. E. EP Senior, MMA, and the City hereto agree that the loans and corresponding loan documents referred to herein shall have the following order of priority: 1) The SH Loan and the SH Loan Documents shall have a first and senior priority; 2) The City Loan and the City Loan Documents shall have second priority behind the SH Loan and the SH Loan Documents. F. Further, the parties wish to specify how the terms and conditions contained in the loan documents referred to herein shall be interpreted in the event of a conflict or inconsistency therein. NOW, THEREFORE, in consideration of One Dollar ($1.00) and other good and valuable consideration, and in further consideration of the parties hereto making and entering into the loans referred to herein, the parties do hereby agree as follows: 2 1. Consent to Loans. By executing this Subordination Agreement: A. MMA agrees that all of the liens, encumbrances, and restrictive covenants, if any, created by the City Loan Documents shall be deemed to be "Permitted Encumbrances" under the Assisted Loan Documents but subordinate to all liens, rights, and remedies created by the Assisted Loan Documents. B. MMA agrees that all of the liens, encumbrances, and restrictive covenants, if any, created by the City Loan Documents shall be deemed to be "Permitted Encumbrances"under the SH Loan Documents but subordinate to all liens, rights, and remedies created by the SH Loan Documents. C. The City agrees that all of the liens, encumbrances, and restrictive covenants, if any, created by the Assisted Loan Documents shall be deemed to be "Permitted Encumbrances"under the City Loan Documents. D. The City agrees that all of the liens, encumbrances, and restrictive covenants, if any, created by the SH Loan Documents shall be deemed to be "Permitted Encumbrances"under the City Loan Documents. 2. Use of Documents. With respect to the loan documents referred to and described herein, the parties do hereby covenant, warrant, consent, and agree as follows: A. MMA agrees and consents to the use of the City Loan Documents. B. The City agrees and consents to the use of the Assisted Loan Documents. C. The City agrees and consents to the use of the SH Loan Documents. 3. Subordination of Loans and Documents. The parties agree to the following priority and subordination of the loans and documents referred to and described herein: A. The City agrees and acknowledges that the Assisted Loan and the Assisted Loan Documents and all advances made thereunder and accrued interest thereon are senior and prior to the City Loan and the City Loan Documents. Therefore, the City agrees to, and does hereby (i) subordinate any and all liens, security interests and restrictive covenants, if any, included in the City Loan and the City Loan Documents to any and all liens, security interests and restrictive covenants, if any, securing repayment of the Assisted Loan and the Assisted Loan Documents (ii) subordinates the City Loan and the City Documents to the Assisted Loan and the Assisted Loan Documents. B. The City agrees and acknowledges that the SH Loan and the SH Loan Documents and all advances made thereunder and accrued interest thereon are senior and prior to the City Loan and the City Loan Documents. Therefore, the City agrees to, and does hereby (i) subordinate any and all liens, security interests and restrictive covenants, if any, included in the City Loan and the City Loan Documents to any and all liens, security interests and restrictive covenants, if any, securing repayment of the SH Loan and the SH Loan Documents (ii) subordinates 3 the City Loan and the City Documents to the SH Loan and the SH Loan Documents. 4. Compliance with Closing Requirements and Absence of Events of Default. The parties state, represent, and warrant as follows: 5. Additional Provisions. A. Each agreement, and each and every covenant, agreement, and other provisions hereof shall be binding upon each of the parties hereto and their successors and assigns and shall inure to the benefit of each of the parties hereto and their successors and assigns and, in particular, to any subsequent holder of the loan documentation referred to herein, including, in particular, any person or entity advancing any funds under the respective loan documents. B. This Subordination Agreement may be changed only by an instrument in writing executed by the parties hereto. No waiver, amendment, or modification by custom, usage, or by implication shall be effective unless in writing signed by the parties. This Subordination Agreement shall not be construed as altering, amending, or modifying any of the terms and conditions of the loan documentation referred to herein other than for the subordination of priorities expressed herein. 6. Notices. All notices to be given by any party to the other under this Subordination Agreement shall be in writing and shall be deemed to have been given when delivered personally, or when deposited in the United States Mail, registered or certified postage prepaid, addressed to the party's address set forth herein above or addressed to any such party at such other address as such party shall furnish subsequently by notice to the other parties. Any notice delivered personally to the Borrowers shall be delivered to a Chief Manager of the Borrowers, and any notice delivered personally to any of the other parties to this Subordination Agreement shall be delivered to an officer of such party. 7. Execution in Counterparts. This Subordination Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one instrument. IN WITNESS WHEREOF, the parties hereto have executed this Subordination Agreement as of the date and year first above written. [Signature Pages to Follow] 4 Signature Page to Subordination Agreement EP ASSISTED LIVING, LLC, a Minnesota limited liability company By: Name: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of May, 2009 by , the of EP ASSISTED LIVING, LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public Signature Page to Subordination Agreement EP SENIOR HOUSING, LLC, a Minnesota limited liability company By: Name: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of May, 2009 by , the of EP SENIOR HOUSING, LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public Signature Page to Subordination Agreement MMA MORTGAGE INVESTMENT CORPORATION, a Florida corporation By: Name: Title: STATE OF MINNESOTA ) )ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of May, 2009, by , the Vice President of MMA MORTGAGE INVESTMENT CORPORATION, a Florida corporation, on behalf of said corporation. Notary Public Signature Page to Subordination Agreement CITY OF EDEN PRAIRIE, MINNESOTA, a Minnesota municipal corporation By: Its: Mayor By: Its: City Manager Attest: City Clerk STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of May, 2009, by Phil Young and Scott H. Neal, the Mayor and City Manager , respectfully, of CITY OF EDEN PRAIRIE, MINNESOTA, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public EXHIBIT A TO SUBORDINATION AGREEMENT Legal Description of the AL Premises Real property in the City of Eden Prairie, County of Hennepin, State of Minnesota, described as follows: PARCEL 1: Unit No. 2, Common Interest Community No. 1008, Summit Place Senior Campus Planned Community, located in Hennepin County, Minnesota. PARCEL 2: Non-exclusive easements contained in the Declaration recorded as Document No. 7616071 in the office of the County Recorder and recorded as Document No. 3478131 in the office of the Registrar of Titles; as modified by the First Amendment To Declaration recorded as Document No. 7887454 in the office of the County Recorder and recorded as Document No. 3645186 in the office of the Registrar of Titles, all in Hennepin County, Minnesota. PARCEL 3: Non-exclusive easements contained in the Declaration of Easements (Access) recorded as Document No. 7616073 and Document No. 7652267 in the office of the County Recorder, and recorded as Document No. 3478133 in the office of the Registrar of Titles, all in Hennepin County, Minnesota. Abstract and Torrens property: Certificate of Title No. 1079116. APN: 14-116-22-33-0032 EXHIBIT B TO SUBORDINATION AGREEMENT Legal Description of the SH Premises Real property in the City of Eden Prairie, County of Hennepin, State of Minnesota, described as follows: PARCEL 1: Unit No. 1, Common Interest Community No. 1008, Summit Place Senior Campus Planned Community, located in Hennepin County, Minnesota. TORRENS PROPERTY: Certificate of Title No. 1079114. PARCEL 2: Unit No. 3, Common Interest Community No. 1008, Summit Place Senior Campus Planned Community, located in Hennepin County, Minnesota. TORRENS PROPERTY: Certificate of Title No. 1079115. PARCEL 3: Non-exclusive easements contained in the Declaration recorded as Document No. 7616071 in the office of the County Recorder and recorded as Document No. 3478131 in the office of the Registrar of Titles; as modified by the First Amendment To Declaration recorded as Document No. 7887454 in the office of the County Recorder and recorded as Document No. 3645186 in the office of the Registrar of Titles, all in Hennepin County, Minnesota. PARCEL 4: Non-exclusive easements contained in the Declaration of Easements (Access) recorded as Document No. 7616073 and Document No. 7652267 in the office of the County Recorder, and recorded as Document No. 3478133 in the office of the Registrar of Titles, all in Hennepin County, Minnesota. APN: 14-116-22-33-0031 and 14-116-22-33-0033 EXHIBIT C TO SUBORDINATION AGREEMENT ASSISTED LOAN DOCUMENTS 1. Amended and Restated Mortgage of even date with the document to which this Exhibit is attached, by and between EP Assisted Living, LLC, a Minnesota limited liability company, as Mortgagor, and MMA Mortgage Investment Corporation, as Mortgagee, which secures repayment of a mortgage loan in a principal amount of $13,888,000.00, which document will be recorded in the office of the County Recorder and in the office of the Registrar of Titles in and for the County of Hennepin, State of Minnesota. 2. Amended and Restated Regulatory Agreement for Multifamily Housing Projects, of even date with the document to which this Exhibit is attached, by and between EP Assisted Living, LLC, a Minnesota limited liability company and MMA Mortgage Investment Corporation, which relates to the mortgage loan in a principal amount of$13,888,000.00, which document will be recorded in the office of the County Recorder and in the office of the Registrar of Titles in and for the County of Hennepin, State of Minnesota. 3. The following additional Assisted Loan documents: a. Amended and Restated Mortgage Note b. Security Agreement c. UCC Financing Statement d. UCC Financing Statement(Fixture Filing) (County Recorder) e. UCC Financing Statement(Fixture Filing) (Registrar of Titles) f. Byrd Amendments g. Opinion of Mortgagor's Counsel h. Equal Employment Opportunity Certification i. Title VI Assurance of Compliance j. Request for Endorsement of Credit Instrument, Certificate of Mortgagee, Mortgagor and General Contractor k. Mortgagor's Oath 1. Escrow Agreement Unpaid Construction Costs, Repairs or Needs Assessment Repairs EXHIBIT D TO SUBORDINATION AGREEMENT SH LOAN DOCUMENTS 1. Amended and Restated Mortgage of even date with the document to which this Exhibit is attached, by and between EP Senior Housing, LLC, a Minnesota limited liability company, as Mortgagor, and MMA Mortgage Investment Corporation, as Mortgagee, which secures repayment of a mortgage loan in a principal amount of$23,000,000.00, which document will be recorded in the office of the County Recorder and in the office of the Registrar of Titles in and for the County of Hennepin, State of Minnesota. 2. Amended and Restated Regulatory Agreement for Multifamily Housing Projects, of even date with the document to which this Exhibit is attached, by and between EP Senior Housing, LLC, a Minnesota limited liability company and MMA Mortgage Investment Corporation, which relates to the mortgage loan in a principal amount of$23,000,000.00, which document will be recorded in the office of the County Recorder and in the office of the Registrar of Titles in and for the County of Hennepin, State of Minnesota. 3. The following additional SH Loan documents: a. Amended and Restated Mortgage Note b. Security Agreement c. UCC Financing Statement d. UCC Financing Statement(Fixture Filing) (County Recorder) e. UCC Financing Statement(Fixture Filing) (Registrar of Titles) f. Byrd Amendments g. Opinion of Mortgagor's Counsel h. Equal Employment Opportunity Certification i. Title VI Assurance of Compliance j. Request for Endorsement of Credit Instrument, Certificate of Mortgagee, Mortgagor and General Contractor k. Mortgagor's Oath 1. Escrow Agreement Unpaid Construction Costs, Repairs or Needs Assessment Repairs m. Agreement and Certification EXHIBIT E TO SUBORDINATION AGREEMENT CITY LOAN DOCUMENTS 1. Mortgage dated February 12, 2002, by and between EP Senior Housing, LLC, a Minnesota limited liability company, as Mortgagor, EP Assisted Living, LLC, a Minnesota limited liability company, as Mortgagor, SC Minnesota Properties, LLC, a Minnesota limited liability company, as Mortgagor, and the City of Eden Prairie, a Minnesota municipal corporation, as Mortgagee, which secures repayment of a mortgage loan in an original principal amount of$2,200,000.00, which document was recorded in the office of the County Recorder in and for the County of Hennepin, State of Minnesota as Document No. 7652273 and in the office of the Registrar of Titles in and for the County of Hennepin, State of Minnesota as Document No. 3502317. 2. The following additional City Loan documents: a. Amended Project Management Agreement dated December 18, 2001, as assigned b. Second Amended Project Management Agreement dated June 1, 2004 c. TIF Repayment Promissory Note dated December 18, 2001 OPPENHEIMER:2650646 v01 05/07/2009 SECOND AMENDED AND RESTATED ASSIGNMENT OF TAX INCREMENT FINANCING THIS SECOND AMENDED AND RESTATED ASSIGNMENT OF TAX INCREMENT FINANCING ("Assignment") is made as of the day of February, 2013, by and among EP SENIOR HOUSING, LLC, a Minnesota limited liability company ("Borrower"), and EP ASSISTED LIVING, LLC, a Minnesota limited liability company ("EP Assisted") each of whose address is 3601 Park Center Boulevard, Suite 210, St. Louis Park, Minnesota 55416 (EP Assisted and Borrower being sometimes hereinafter collectively referred to as "Assignors") and OAK GROVE COMMERCIAL MORTGAGE, LLC, a Delaware limited liability company, successor-in-interest to Glaser Financial Group, Inc., a Minnesota corporation ("Lender"), whose address is 2177 Youngman Avenue, St. Paul, Minnesota 55116. PRELIMINARY RECITALS: A. Lender is the holder of a Mortgage Note dated February 1, 2002, in the original principal amount of Nineteen Million Two Hundred Forty-eight Thousand and 00/100ths Dollars ($19,248,000.00) made by Borrower and payable to the order of the Lender, which note evidenced a loan made by Lender to Borrower in the original principal amount of Nineteen Million Two Hundred Forty-eight Thousand and 00/100ths Dollars ($19,248,000.00) (the "Original Loan"), and which note was originally endorsed for insurance by the Federal Housing Administration (the "FHA") of the United States Department of Housing and Urban Development ("HUD") under the provisions of Section 221(d)(4) of the National Housing Act of 1934, as amended, for the construction of a 170-unit independent living facility in Eden Prairie, Minnesota legally described on attached Exhibit"A" (the "Premises"). B. Lender refinanced the Original Loan to Borrower in the original principal amount of Twenty-Three Million and No/100 Dollars ($23,000,000.00) ("Amended and Restated Loan"), which Amended and Restated Loan was insured by the FHA of HUD under the provisions of Section 207 pursuant to Section 223(f) of the National Housing Act of 1934, as amended, pursuant to the FHA's Commitment dated May 8, 2009, as amended, FHA Project No. 092- 11255. C. Lender and Borrower are now refinancing the Amended and Restated Loan to Borrower in the original principal amount of Twenty-Three Million and No/100 Dollars ($23,000,000.00) (the Second Amended and Restated Loan), which Second Amended and Restated Loan will be insured by the FHA of HUD under the provisions of Section 223(f), pursuant to Section 223(a)(7) of the National Housing Ace of 1934, as amended, pursuant to the FHA's Commitment dated December 6, 2012, as amended, FHA Project No. 092-11333. D. As evidence of the Second Amended and Restated Loan, Borrower is excecuting and delivering to the Lender its Second Amended and Restated Mortgage Note dated as of February 1, 2013, in the principal amount of $23,000,000.00 ("Note"), and is executing and delivering its Second Amended and Restated Mortgage and Security Agreement, dated of even date therewith (the "Mortgage"), and certain other loan and security documents (collectively, the "Loan Documents"). E. The Premises is a part of Tax Increment Financing District No. 15 (the "Tax Increment District") created by the Eden Prairie Housing and Redevelopment Authority, a body corporate and politic ("Authority"). F. SC Minnesota Properties, LLC, a Minnesota limited liability company ("SC Minnesota"), and the City of Eden Prairie, Minnesota, a Minnesota municipal corporation (the "City"), entered into a certain Amended Project Management Agreement dated as of December 18, 2001, filed of record in the office of the Registrar of Titles, Hennepin County, Minnesota as Document No. 3502308, and in the office of the County Recorder, Hennepin County, Minnesota as Document No. 7652268 (the "Restated PMA"), amended by that certain Second Amended Project Management Agreement dated June 1, 2004, filed of record in the office of the Registrar of Titles, Hennepin County, Minnesota as Document No. 4646436 and in the office of the County Recorder, Hennepin County, Minnesota, as Document No. 9364952 (the "Amended PMA") (the Restated PMA and the Amended PMA hereinafter referred to as the "PMA"), setting forth the City's agreement to provide certain tax increment financing to SC Minnesota with respect to the Premises and certain adjacent properties in the form of reimbursements to SC Minnesota out of tax increments derived from the Tax Increment District (the "Tax Increment Financing") as consideration for undertaking certain improvements and maintaining certain low income housing rental units; the PMA was assigned by SC Minnesota to EP Assisted and Borrower by assignment dated February 11, 2002, filed of record in the office of the Registrar of Titles, Hennepin County, Minnesota as Document No. 3502309, and in the office of the County Recorder, Hennepin County, Minnesota as Document No. 7652269. G. As further security for repayment of the Original Loan, Assignors executed and delivered to the Lender an Assignment of Tax Increment Financing dated as of February 11, 2002, filed of record in the office of the Registrar of Titles, Hennepin County, Minnesota as Document No. 3502318 and in the office of the County Recorder, Hennepin County, Minnesota, as Document No. 7652274 ("Original Assignment"). —2— H. As further security for repayment of the Amended and Restated Loan, Assignors executed and delivered to the Lender an Amended and Restated Assignment of Tax Increment Financing dated as of May 29, 2009, filed of record in the office of the Registrar of Titles, Hennepin County, Minnesota as Document No. 4646441 and in the office of the County Recorder, Hennepin County, Minnesota, as Document No. 9364957 ("Amended and Restated Assignment"). I. The PMA and any and all amendments and documents related thereto shall be referred to jointly herein as the "Tax Increment Financing Documents". J. EP Assisted is related to the Borrower. Although EP Assisted is also receiving a loan from Lender, Lender is not requiring an assignment of the Tax Increment Financing Documents to secure the obligations of EP Assisted under that loan. EP Assisted is joining in this Assignment because it is a party to the Tax Increment Financing Documents and because it will materially benefit from the Second Amended and Restated Loan. K. Assignors and Lender now desire to amend and modify the terms of the Amended and Restated Assignment and have agreed, for purposes of convenience, to restate the Amended and Restated Assignment, in its entirety. NOW, THEREFORE, in consideration of the above recitals, and for value received, EP Assisted and Borrower hereby transfer, assign and grant a security interest in, pledge, and convey, to Lender all right, title and interest of EP Assisted and Borrower in and to the Tax Increment Financing and the Tax Increment Financing Documents, together with all proceeds thereof and the immediate and continuing right to receive and collect all amounts due or to become due thereunder and all other rights which may derive from or accrue thereunder and the right to amend, cancel, modify, alter or surrender the Tax Increment Financing Documents for the purpose of securing the following (hereinafter collectively referred to as the "Indebtedness Secured Hereby"): One. Payment of the indebtedness evidenced by and performance of the terms and conditions of the Note; Two. Payment of all other sums with interest thereon becoming due and payable to the Lender herein and in the Note; Three. Performance and discharge of each and every obligation, covenant and agreement of the Borrower herein and in the Note, the Mortgage and all other Loan Documents. AND EP ASSISTED AND BORROWER COVENANT, WARRANT, REPRESENT AND AGREE: 1. Warranties. a. That EP Assisted is affiliated with the Borrower, is the owner of the property adjacent to the Premises legally described on attached Exhibit "B" (the "EP Assisted Property"), and will materially benefit from the development of the project on the Premises. —3 — b. That Assignors, collectively, are the true and lawful, absolute owners of the Tax Increment Financing Documents free and clear from any and all liens, security interest, encumbrances or other right, title or interest of any other person, firm or corporation; c. That Assignors have the full right and title to assign and pledge the Tax Increment Financing and the Tax Increment Financing Documents; that there are no outstanding claims, assignments or pledges thereof; that there are no existing defaults under the Tax Increment Financing Documents on the part of makers thereof; that Assignors have fully complied with and are not in default with regard to the Tax Increment Financing Documents. d. That to the best of Assignors' knowledge, Assignors are in full compliance with the terms of the PMA. e. That to the best of Assignors' knowledge, no defaults exist under the terms of the PMA. £ That to the best of Assignors' knowledge, the PMA remains in full force and effect. g. That to the best of Assignor's knowledge as of the date hereof, there are no defenses, setoffs or counterclaims against or with regard to the PMA or the indebtedness evidenced thereby. The PMA has not been amended or modified except as provided herein and is valid and enforceable obligations of the City and Assignors in accordance with their terms. 2. Performance under the Tax Increment Financing Documents. EP Assisted and the Borrower shall enforce or secure the performance of each and every obligation of the City in the Tax Increment Financing Documents; shall not borrow against, further pledge or assign any payments due under the Tax Increment Financing Documents; and shall not waive, excuse, condone or in any manner release or discharge the City from its obligations under the Tax Increment Financing Documents. 3. Present Pledge and Assignment. a. This Assignment shall constitute a perfect, absolute and present pledge and assignment of the Tax Increment Financing Documents to the Lender. b. EP Assisted shall retain its rights to collect the semi-annual payments under the PMA unless and until an Event of Default has occurred hereunder. c. From and after an Event of Default hereunder upon notice to the City, payments on the Tax Increment Financing shall be paid directly to the Lender to be held and applied as provided herein. Should any of the Assignors thereafter receive any payments on the Tax Increment —4— Financing, such Assignor(s) shall immediately turn over the same to the Lender. 4. Security Agreement. This Agreement constitutes a Security Agreement under the Uniform Commercial Code as adopted in Minnesota (the "Code") and shall be governed by the Code. 5. Events of Default. An Event of Default shall occur hereunder upon the following: a. A default beyond any applicable notice or grace period occurs under any of the terms of the Note or the Mortgage; or b. Failure to comply with or perform any of the terms, conditions or covenants of this Assignment; or c. A default shall occur under any of the Loan Documents or any other instrument securing the Note; or d. Any representation or warranty made by any Assignor herein, in the Note, the Mortgage or in any other Loan Documents shall be false at the time made, breached or dishonored; or 6. Remedies. Upon or at any time after an Event of Default, the Lender may declare all Indebtedness Secured Hereby immediately due and payable and provide notice to the City to thereafter make all payments on the Tax Increment Financing to the Lender and apply all sums held by the Lender including the Tax Increment Financing to the Indebtedness Secured Hereby and may, at its option, enforce the payment thereof and exercise all of the rights of a holder of the Tax Increment Financing Documents. In addition, upon the occurrence of an Event of Default, the Lender may without demand, advertisement or notice of any kind(except such notice as may be required under the Code) and all of which are, to the extent permitted by law, hereby expressly waived: a. exercise any of the remedies available to a secured party under the Code; b. proceed immediately to exercise each and all of the powers, rights, and privileges reserved or granted to the Lender under the Note and the Mortgage; c. proceed to protect and enforce this Assignment by suits or proceedings or otherwise, and for the enforcement of any other legal or equity available to the Lender. In the event that any notice is required to be given under the Code such requirements for reasonable notice shall be satisfied by giving at least ten (10) days notice prior to the event or thing giving rise to the requirement of notice. —5 — 7. Allocation. Upon receipt of payments under the PMA, the Lender shall retain that portion thereof applicable to the Premises and return to EP Assisted those respective portions applicable to the remainder of the Tax Increment District as determined by Lender. 8. Authorization to City. The City is hereby irrevocably authorized and directed to recognize the claims of the Lender without investigating the reason for any action taken or the validity of or the amount of indebtedness owing to the Lender or the existence of any Event of Default and the Borrower hereby irrevocably directs and authorizes the City to pay exclusively to the Lender or its assigns from and after the date hereof, all sums due under the Tax Increment Financing Documents without the necessity and to the extent such sums are paid to the Lender, the Borrower agrees that the City shall have no further liability to the Borrower for the same. The sole signature of the Lender shall be sufficient for the exercise of any rights under this Assignment and the sole receipt by the Lender of any sum paid by the City shall be in discharge and release of that portion of any amount owed by the City. 9. Additional Instruments. Each of the Assignors, upon the request of the Lender shall, at their expense, execute and deliver all assignments, certificates, financing statements or other documents and give further assurances and do all other acts and things as the Lender may request to perfect or to realize upon the Lender's interest in the Tax Increment Financing and the Tax Increment Financing Documents or to protect, enforce, or otherwise effect the Lender's rights and remedies. If any Assignor is unable or unwilling to execute any such other assignments, certificates, financing statements or other documents and to file financing statements or other public notices or recordings with the appropriate authorities, as and when reasonably requested by the Lender, each Assignor authorizes the Lender to sign and deliver as its true and lawful agent and attorney- in-fact any such assignment, certificate, financing statement or other document and to make any such filing. 10. Amendment. The Tax Increment Financing Documents shall not be amended, altered, cancelled, modified or surrendered without the prior written consent of the Lender. Notwithstanding the foregoing provisions to the contrary, the Lender shall not unreasonably withhold consent to an amendment to the Tax Increment Financing Documents that removes from the Tax Increment District that certain real property owned by SC Minnesota and legally described on attached Exhibit «C„ 11. Release. Upon payment and performance in full of the Indebtedness Secured Hereby, this Assignment shall be released and shall thereafter become null and void and be of no further effect. 12. Successors and Assigns. This Assignment, and each and every covenant, agreement and provision hereof shall be binding upon Assignors and their —6— successors and assigns and shall inure to the benefit of the Lender and its successors and assigns. 13. Governing Law. This Assignment is intended to be governed by the laws of the State of Minnesota. 14. Validity Clause. The unenforceability or invalidity of any provision hereof shall not render any other provision or provisions herein contained unenforceable or invalid. Any provisions found to be unenforceable shall be severable from this Assignment. 15. Notices. Notices which any party hereto may desire or may be required to give to any other party shall be in writing and the mailing thereof by certified mail or equivalent, to the respective party's address as set forth hereinabove, or such other place as such party may by notice in writing designate as its address shall constitute service of notice hereunder. 16. Attorneys' Fees. Borrower agrees to pay all costs of collection, including reasonable attorneys' fees, at any time paid or incurred by the Lender in connection with the enforcement of its rights hereunder. [Signature pages follow] —7— IN WITNESS WHEREOF, Assignors and Lender have entered into this Amended and Restated Assignment of Tax Increment Financing to be executed as of the date first above written. EP SENIOR HOUSING, LLC, a Minnesota limited liability company By:_ Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of February, 2013, by , as of EP Senior Housing, LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public — 8 EP ASSISTED LIVING, LLC, a Minnesota limited liability company By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of February, 2013, by , as of EP Assisted Living, LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public OAK GROVE COMMERCIAL MORTGAGE, LLC, a Delaware limited liability company By: Name: Kenneth A. Dayton Its: Executive Vice President STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of February, 2013, by Kenneth A. Dayton, the Executive Vice President of Oak Grove Commercial Mortgage, LLC, a Delaware limited liability company, for and on behalf of the limited liability company. Notary Public Printed Name: My Commission Expires: — 10— CONSENT AND ACKNOWLEDGMENT OF THE CITY OF EDEN PRAIRIE The City of Eden Prairie, Minnesota, a municipal corporation (the "City"), hereby consents to the assignment of the PMA (as defined in and set forth in the foregoing Assignment) notwithstanding any limitations or provisions to the contrary contained in the PMA. The foregoing consent shall in no event be deemed a waiver of any other terms and conditions of the PMA, and any assignee of the rights under the PMA shall be fully bound by and subject to the provisions of the PMA. The City is executing the foregoing solely for the purpose of consenting to the assignment of the Assignors' respective interests in the PMA and agreeing to make payments under (and subject to the terms of) the PMA to Lender when notified in accordance with the provisions of Paragraph 8 of the foregoing Assignment, and by such execution is not to be otherwise deemed to be bound by the terms of said Assignment or a party thereto, including but not limited to the second sentence of paragraph 10 of said Assignment. CITY OF EDEN PRAIRIE, a Minnesota municipal corporation By: Name: Its: By: Name: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of February, 2013, by and , as and , respectively, of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation. Notary Public THIS DOCUMENT WAS PREPARED BY AND WHEN RECORDED RETURN TO: Paul E. Kisselburg, Esq. Oppenheimer Wolff&Donnelly LLP Campbell Mithun Tower-Suite 2000 222 South Ninth Street Minneapolis, MN 55402 — 11 — EXHIBIT "A" THE PREMISES Real property in the City of Eden Prairie, County of Hennepin, State of Minnesota, described as follows: PARCEL 1: Unit No. 1, Common Interest Community No. 1008, Summit Place Senior Campus Planned Community, located in Hennepin County, Minnesota. TORRENS PROPERTY: Certificate of Title No. 1079114. PARCEL 2: Unit No. 3, Common Interest Community No. 1008, Summit Place Senior Campus Planned Community, located in Hennepin County, Minnesota. TORRENS PROPERTY: Certificate of Title No. 1079115. PARCEL 3: Non-exclusive easements contained in the Declaration recorded as Document No. 7616071 in the office of the County Recorder and recorded as Document No. 3478131 in the office of the Registrar of Titles; as modified by the First Amendment To Declaration recorded as Document No. 7887454 in the office of the County Recorder and recorded as Document No. 3645186 in the office of the Registrar of Titles, all in Hennepin County, Minnesota. PARCEL 4: Non-exclusive easements contained in the Declaration of Easements (Access) recorded as Document No. 7616073 and Document No. 7652267 in the office of the County Recorder, and recorded as Document No. 3478133 in the office of the Registrar of Titles, all in Hennepin County, Minnesota. APN: 14-116-22-3 3-0031 and 14-116-22-3 3-003 3 EXHIBIT "B" EP ASSISTED PROPERTY Real property in the City of Eden Prairie, County of Hennepin, State of Minnesota, described as follows: PARCEL 1: Unit No. 2, Common Interest Community No. 1008, Summit Place Senior Campus Planned Community, located in Hennepin County, Minnesota. PARCEL 2: Non-exclusive easements contained in the Declaration recorded as Document No. 7616071 in the office of the County Recorder and recorded as Document No. 3478131 in the office of the Registrar of Titles; as modified by the First Amendment To Declaration recorded as Document No. 7887454 in the office of the County Recorder and recorded as Document No. 3645186 in the office of the Registrar of Titles, all in Hennepin County, Minnesota. PARCEL 3: Non-exclusive easements contained in the Declaration of Easements (Access) recorded as Document No. 7616073 and Document No. 7652267 in the office of the County Recorder, and recorded as Document No. 3478133 in the office of the Registrar of Titles, all in Hennepin County, Minnesota. Abstract and Torrens property: Certificate of Title No. 1079116. APN: 14-116-22-3 3-003 2 2988914 v.3 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 19, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Resolution ITEM NO.: Richard F. Rosow Approving Agreement with the State of City Attorney Minnesota for Data Services Requested Action Move to: Adopt Resolution approving execution of Master Subscriber Agreement for Minnesota Court Data Services with State of Minnesota. Synopsis The State of Minnesota Office of State Administration requires the City of Eden Prairie (City) execute a Master Subscriber Agreement for Minnesota Court Data Services in order to provide the City with certain Court Data Services as defined therein. The Master Subscriber Agreement for Minnesota Court Data Services will provide a useful resource for the City Prosecutor in the administration of prosecution services for the City. Attachment • Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2013- A RESOLUTION APPROVING A MASTER SUBSCRIBER AGREEMENT FOR MINNESOTA COURT DATA SERVICES WHEREAS,the State of Minnesota Office of State Administration requires the City of Eden Prairie(City)execute a Master Subscriber Agreement for Minnesota Court Data Services in order to provide the City with certain Court Data Services as defined therein; and WHEREAS, the executing the Master Subscriber Agreement for Minnesota Court Data Services will provide a useful resource for the City Prosecutor in the administration of prosecution services for the City. NOW,THEREFORE,BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL AS FOLLOWS: 1. The Master Subscriber Agreement for Minnesota Court Data Services w the State of Minnesota, Office of State Administration is approved. 2. The Mayor and City Manager are hereby authorized to execute the Master Subscriber Agreement for Minnesota Court Data Services. ADOPTED by the City Council of the City of Eden Prairie this 19th day of February,2013. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Public Hearing February 19,2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Vacation 13-02 ITEM NO.: IX.A. Denise Christensen Vacation of public Drainage and Utility Easements over Outlot A, MITCHELL Public Works/Engineering CROSSING; Outlot A, MITCHELL CROSSING 2ND ADDITION and Lot 1, Block 1, EDENVALE RECREATION CENTER 2ND ADDITION, Hennepin County, Minnesota Requested Action Move to: • Close the public hearing; and • Adopt the resolution vacating the public Drainage and Utility Easements lying over, under and across Outlot A, MITCHELL CROSSING and Outlot A, MITCHELL CROSSING 2ND ADDITION and part over,under and across Lot 1, Block 1, EDENVALE RECREATION CENTER 2ND ADDITION, all in Hennepin County, Minnesota. Synopsis The Property Owners have requested the vacation of the drainage and utility easements to facilitate the plat of Five Mitchell Crossing for new apartment construction. Background Information The drainage and utility easements to be vacated were originally dedicated with the plats of Mitchell Crossing, Mitchell Crossing 2nd Addition and Edenvale Recreation Center 2nd Addition. In order to accommodate a new apartment building on the lots, the property owners would like these underlying easements vacated and will dedicate all new drainage and utility easements with the plat of Five Mitchell Crossing. The release of the resolution vacating the drainage and utility easements shall be conditioned on the recording new dedicated drainage and utility easements on the plat of Five Mitchell Crossing. Attachments • Resolution • Location Map • Site Plan • Published Notice • Notification List CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2013- VACATION OF PUBLIC DRAINAGE AND UTILITY EASEMENTS LYING OVER, UNDER AND ACROSS OUTLOT A,MITCHELL CROSSING AND OUTLOT A, MITCHELL CROSSING 2ND ADDITION AND A PART OF LOT 1, BLOCK 1, EDENVALE RECREATION CENTER 2ND ADDITION,ALL IN HENNEPIN COUNTY, MINNESOTA VACATION 13-02 WHEREAS, the City of Eden Prairie has certain Drainage and Utility Easements described as follows: Those Drainage &Utility Easements originally dedicated on MITCHELL CROSSING and MITCHELL CROSSING 2ND ADDITION, according to the recorded plats thereof, Hennepin County, Minnesota, and now to be vacated, which lie over, under and across the following described property: Outlot A, MITCHELL CROSSING and Outlot A, MITCHELL CROSSING 2ND ADDITION TOGETHER with the 20.00 foot Utility Easement originally dedicated on EDENVALE RECREATION CENTER 2ND ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota and now to be vacated, which lie over,under and across the following described property, the centerline of said easement to be vacated described as follows: Commencing at the northwest corner of Lot 1, Block 1, said plat of EDENVALE RECREATION CENTER 2ND ADDITION; thence on an assumed bearing of South 89 degrees 16 minutes 41 seconds East, along the north line of said Lot 1, a distance of 218.48 feet to the point of beginning of the centerline to be described; thence South 09 degrees 49 minutes 33 seconds East a distance of 52.38 feet to the north line of Parcel 93 of Minnesota Department of Transportation Right of Way Plat No. 27-91, and said centerline there terminating. WHEREAS, a Public Hearing was held on February 19, 2013, 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 Five Mitchell Crossing 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 Five Mitchell Crossing is recorded. ADOPTED by the Eden Prairie City Council on February 19, 2013. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk S 4Pq` .o�y�,Z �,Qo 1�FzE�`I J� Y Q'J <RpSE�P =PL. 0 �'t' TR ��o CI• �CRO WN J Z 5.1 c p. -tip OG��O lia Oe° 10. o0 105. DR. a ��k' 4N SAND F' C� 71 Ftij� \LL CI�� a CT• r^ KERRY '..Qv o qF� �• �oc oo� ,�• � 77. ;Ler - �a� �o . 4k. v '- c�t� ��COYEST HIL 78. /10 ?�Sv• fri CREEKSID m F•�` v RO U W _ o C1 1 7. °R 04 ov , C CZ• O % P it > c^ to \--5, oo w / OS ` y ROBERT '�`O �j z 0 . gEll C _ X � F •r STE LAR A �9RD• i>, p �P0,4C- i I ® 0 G 1— cc x 6) � (L t NO' O q U) 1 O VALLEY _' cce n V AI w R!y-? o \ ITEq �p tn� 44 0° P J- � �JG G off, 4D/ :1 ��\�� VI F � I s Qp G� \--------- 1: 0 `O O� �P �� m cL 0\ G 1 �P I (O AG w • LA. 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I,`�� `�� l l C1631478.8532 Tacslmlle / <, ( I +�i �i; (---T--- ,... www.mtra.com , _ ;a, I "�y' I Client ,,::, -- -- ,J�� I NORTH MITCHELL - I � § K 0 50 100 CROSSING LLC ..% / �'' _`Y`' I ,:� �� I `\ SCALE IN FEET Project,4 i IIT / 1 i Wok ► MITCHELL -T, +`_ ORA/NAGE dr UNITY EASEMENT `.t Q 10 ,�_ / �� CROSSING ,.,,.:si.pki‘ PER PLAT MITCHELL -- -► I_ \ J 1.,p ! �.- L.. sJ; CROSSING (TO BE VACATED) - I •. `\ = N A-- / ' ; Location �-- �' A N'LY LINE OF OUTLOT A, I I \\\� z \ .,; I. MITCHELL CROSSING - 1 _ \ E D E N PRAIRIE, i MINNESOTA / , f0 I �J _�- ORA/NAGE dt UnL/TY EASEMENT /� \ - \ s / , L1 PER PLAT OFM/TCHELL CROSSING `-. �,�� =��. Certification -% /.-- 2ND ADD/A0N(TO BE VACATED) --- \ ,t, '�/ ' \ ‘, \ 'i:,... ` - ` / 11J ♦ \ \\, -)".......;, \ / t�- I`,`, \ •s Summary + - ^i - DRAINAGE& UNITY EASEMENT PER PLATS - •;� ---OF MITCHELL CROSS/NG do MITCHELL CROSSING \ Approved:MFH Drawn:BAY / r% L , 2ND ADDITION (TO BE VACATED)-_ \-. „_ i , , Revision History NW COR. OF LOT 1, / 8.4., �-' f0� ,-N. UNE OF LOT 1, BLOCK 1, EDENVALE `�\ n \ No.Date By Submittal/Rev. BLOCK 1, EDENVALE L-� .' RECRATION CENTER 2ND ADDITION \ \1O. RECREATION CENTER I. �::� z—-t-�- -�— —o�--�— — — ADDITION -1-- — _�� - -*- S891641:E 218.48 1 - -1 •:� �, `, Ii 101,- -U71L/TY EASEMENT PER PLAT OF A-- '-- ,'110 -1r' EDENVALERECREATTON CENTER Sheet Title L+- r , 52.38.. t� t 1 2ND ADD/AON (TO BE VACATED) ,, L. ..., ,,, ` S09°4933E ,,..110 1 LOT 1, EASEMENT / _1 - • VACATION EXHIBIT .;'` N. LINE OF PARCEL 93 / MNDOT R/W PLAT NO. 27-91 - y Sheet No. Revision • / M/ /, M!1•F•1 \a < — IVI I%I I I I 1 1 M! / 1/1/ I,11 1 / / ♦/ I / 1 I %I %♦/I._I. ./♦I I I I ,I. ♦, I I %/ // I ,♦,. f- / •I 1 1:.s W... / H."" .1 •-- — • Project No. FRA19225 Jan 11,2013-3:01pm-User:513 L:\PROJECTS\FRA19225\dwg\Survey\19225-VAC.dwg VACATION 13-02 NOTICE OF VACATION OF PUBLIC DRAINAGE AND UTILITY EASEMENTS LYING OVER,UNDER AND ACROSS OUTLOT A,MITCHELL CROSSING; OUTLOT A,MITCHELL CROSSING 2ND ADDITION AND LOT 1, BLOCK 1, EDENVALE RECREATION CENTER 2ND ADDITION, 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 February 19, 2013 at 7:00 p.m. to hear all persons present upon the proposed vacation of public drainage and utility easements described as follows: Those Drainage&Utility Easements originally dedicated on MITCHELL CROSSING and MITCHELL CROSSING 2ND ADDITION, according to the recorded plats thereof, Hennepin County, Minnesota, and now to be vacated,which lie over,under and across the following described property: Outlot A,MITCHELL CROSSING and Outlot A, MITCHELL CROSSING 2ND ADDITION TOGETHER with the 20.00 foot Utility Easement originally dedicated on EDENVALE RECREATION CENTER 2ND ADDITION, according to the recorded plat thereof,Hennepin County, Minnesota and now to be vacated,which lie over,under and across the following described property,the centerline of said easement to be vacated described as follows: Commencing at the northwest corner of Lot 1,Block 1, said plat of EDENVALE RECREATION CENTER 2ND ADDITION; thence on an assumed bearing of South 89 degrees 16 minutes 41 seconds East, along the north line of said Lot 1, a distance of 218.48 feet to the point of beginning of the centerline to be described; thence South 09 degrees 49 minutes 33 seconds East a distance of 52.38 feet to the north line of Parcel 93 of Minnesota Department of Transportation Right of Way Plat No. 27-91, and said centerline there terminating. By Order of the City Council Published in the Eden Prairie News on January 31, 2013 NOTIFICATION LIST VACATION REQUEST 13-02 A copy of the Public Hearing Notice has been sent to owners of the following parcels: 1011622330030 1011622330032 1011622330036 1011622330038 1011622330041 1011622330042 1011622330043 A copy of the Public Hearing Notice has been sent to the following Utilities: CenterPoint Energy Century Link Communications Comcast Cable Xcel Energy CITY COUNCIL AGENDA DATE: SECTION: Public Hearing February 19,2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Vacation 13-03 ITEM NO.: IX.B. Denise Christensen Vacation of a part of the public Drainage and Utility Easement lying over, under and across Public Works/Engineering Lot 1, Block 2, RIVERVIEW HEIGHTS re- platted as Lot 2, Block 2, RIVERVIEW HEIGHTS 2ND ADDITION,Hennepin County, Minnesota Requested Action Move to: Close the public hearing; and Adopt the Resolution vacating a part of the public Drainage and Utility Easement lying over,under and across Lot 1, Block 2, RIVERVIEW HEIGHTS re-platted as Lot 2, Block 2, RIVERVIEW HEIGHTS 2ND ADDITION, Hennepin County, Minnesota. Synopsis The Property Owners have requested the vacation of a part of the drainage and utility easement to facilitate the building of a new home. Background Information The drainage and utility easement to be vacated was originally dedicated with the plat of Riverview Heights and then re-dedicated over the same lot with the re-plat of Riverview Heights 2nd Addition. In order to accommodate a new home, the property owners would like a part of the easement vacated. The easement covers approximately half the lot and, except for an easement varying from 5 feet to 20 feet that will remain around the outside of the lot, it is not needed for drainage or utilities. Attachments • Resolution • Location Map • Site Plan • Published Notice • Notification List CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2013- VACATION OF A PART OF THE PUBLIC DRAINAGE AND UTILITY EASEMENT LYING OVER,UNDER AND ACROSS LOT 1, BLOCK 2,RIVERVIEW HEIGHTS RE- PLATTED AS LOT 2, BLOCK 2, RIVERVIEW HEIGHTS 2ND ADDITION,HENNEPIN COUNTY, MINNESOTA VACATION 13-03 WHEREAS, the City of Eden Prairie has certain Drainage and Utility Easement described as follows: That part of Lot 1, Block 2, RIVERVIEW HEIGHTS re-platted as Lot 2, Block 2, RIVERVIEW HEIGHTS 2ND ADDITION, according to the recorded plats thereof, Hennepin County, Minnesota, lying west of the East 125.00 feet of said Lot 2 and lying south of the North 5.00 feet thereof, east of the West 5.00 feet thereof, northeasterly of the Southwesterly 10.00 feet thereof and north of the South 20.00 feet thereof. WHEREAS, a Public Hearing was held on February 19, 2013, 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 Easement has no relationship to the comprehensive municipal plan; and WHEREAS, it has been determined that the said Drainage and Utility Easement is not necessary and has 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 Easement described above is hereby vacated. 2. The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on February 19, 2013. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk OLi a I Jir N ��O 'h'p y c. LA. N 14-1 3 <.Li Q 0"I'BOW DR. �� Q RE ? ix CF �F�l EKRIDGE O o BUCk �Ol _ 0.• , c, /�� DR. ' 'f' z BALSq 0 CNN = a BLO SSOM RD. z '� n� a [98 a 3g i OR��ON POINT/�/ w LAW OS N TER. R. 3 ~ -a' JI1NI PI o /�O J/ z u—' o >- x II BLUES w z CRv`I'� TIC 0° JACKSON _A DR. a ERMAN H O,Q mil ' 'l W o1 CAI_ ✓�S'OF T,QSFil� l (• w g GRANS„DR. c x -73 a 4�i SyD�M pp0 �R• �� c�i z w q0 LEE /cn DR` A SF 4 \`9 /1' o x F � o _ Z \ W • ��.1 \ o R ao °° a �� aARR WO �, 41. N,ME RIDGE 2 <4...E DR. \C\E !y 14GLEW000 S�Q OJRR �<ERS G �p 0. L• LA. PT. F0 �'AC KPINE '�'i 47. 3 O� 2. � ME ARD y/� 5 450. r p 0 4S 49. 26 25 m BRAN LI " ' ENGLEWp o �r o 'Ap 35 36 BLUFF "o JA�INE - c� z 42. .�j.3,/ z v� " 0 • T116N R22W RIVER El W RD. C�p� GT ?D 50. GIR. �PMAN Qm (-] 3: i 51. oUT Q.01 �2 c; :14/60k, J N� `). or La 65 S DRl SS 4Vj W G R/�FR = ,. W P�( o�, �� aj 3 c� �0 Vf FW > Y Q _> RO a jIJRDN aio ' 4 C o no VIEW ` SO4,O �; fS'ATE�S v SITEBOSS CIRCLE R/OGE. RA Siver SHAK • FE tVAC 13-03 NORTH LOCATION MAP 51 `T� PL-AN -.....,, ..... -.....,, t,-t., B'Z r (Zt v /L, Z� Z-, 12-Ivc-e-VView iE w t c< H T 5 2Nn AtOtorrio \ I Le) 1 y I . / N N . U) \� \' :\:.77-7\C''''''-:::':-..:::::;\:::-::-'121--;":1'1:.051e'' l-ltilrty '''''''..:: f H tn \\ \ , :,--:',',, ' ,,,,,',.--'11,(./.'T., ':r..----:::-''':-'4,1 \\''41 ' be vacated�'-/ y \ \ ''' \:-.-:,..,:-_--„,-?,-.:T-::::,,,-;.:-;-,-, I :-,::::-1:::::::, , \ \-.-;--;:...--;:,,,-,-5,i5;",--,1 -,:-...------>- (13°) // 1 - SP486/: 7 // \ \ V 1 • 1 tli \1 1 II 2 11 1 1 3 2. 1 , � � \ 1 1 1 J 1 1 1 1 1 VACATION 13-03 NOTICE OF VACATION OF A PART OF THE PUBLIC DRAINAGE AND UTILITY EASEMENT LYING OVER,UNDER AND ACROSS LOT 1, BLOCK 2, RIVERVIEW HEIGHTS RE-PLATTED AS LOT 2,BLOCK 2, RIVERVIEW HEIGHTS 2ND ADDITION, 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 February 19, 2013 at 7:00 p.m. to hear all persons present upon the proposed vacation of public drainage and utility easements described as follows: That part of Lot 1,Block 2,RIVERVIEW HEIGHTS re-platted as Lot 2, Block 2, RIVERVIEW HEIGHTS 2ND ADDITION, according to the recorded plats thereof, Hennepin County, Minnesota, lying west of the East 125.00 feet of said Lots and lying south of the North 5.00 feet thereof, east of the West 5.00 feet thereof,northeasterly of the Southwesterly 10.00 feet thereof and north of the South 20.00 feet thereof. By Order of the City Council Published in the Eden Prairie News on January 31, 2013 NOTIFICATION LIST VACATION REQUEST 13-03 A copy of the Public Hearing Notice has been sent to owners of the following parcels: 3511622140003 3511622140052 3511622140067 3511622140068 3511622140073 3511622140074 3511622140075 3511622140078 3511622140079 A copy of the Public Hearing Notice has been sent to the following Utilities: CenterPoint Energy Century Link Communications Comcast Cable Xcel Energy CITY COUNCIL AGENDA DATE: February 19, 2013 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.C. Community Hooverson Addition Development/Planning Janet Jeremiah Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Guide Plan Change from Parks/Open Space to Low Density Residential on .21 acres; and • Adopt the Resolution for Planned Unit Development Concept Review on 92 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Rural to R1-13.5 on .92 acres; and • Adopt the Resolution for Preliminary Plat on .92 acres into 2 lots Synopsis This 2 lot single family subdivision conforms to the requirements of the R1-13.5 Zoning District. Background Information The is a wetland buffer width waiver from 25 to 10 feet for a portion of the wetland adjacent to the proposed home. This is needed in order to provide a reasonable size house pad. The 120-Day Review Period Expires on May 15, 2013. Planning Commission Recommendation The Planning Commission voted 5-0 to recommend approval at the January 28, 2013 meeting. Attachments 1. Resolution—Guide Plan Change 2. Resolution—PUD Concept 3. Resolution—Preliminary Plat 4. Staff Report dated 1/25/13 5. Location Map 6. Land Use Map 7. Zoning Map 8. Aerial photo 9. Planning Commission Minutes HOOVERSON ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2013- A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS,the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan ("Plan"); and WHEREAS,the Plan has been submitted to the Metropolitan Council for review and comment; and WHEREAS,the proposal of Hooverson Addition by Orin and Patricia Hooverson is for a two lot single family subdivision. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby adopts the amendment of the Plan subject to Metropolitan Council approval as follows: Plan amendment from Parks/Open Space to Low Density Residential. ADOPTED by the City Council of the City of Eden Prairie this 19th day of February, 2013. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2013- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF HOOVERSON ADDITION FOR ORIN AND PATRICIA HOOVERSON 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 January 28, 2013 on Hooverson Addition by Orin and Patricia Hooverson 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 February 19, 2013. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Hooverson 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 15, 2013. 3. That the PUD Concept meets the recommendations of the Planning Commission January 28, 2013. ADOPTED by the City Council of the City of Eden Prairie this 19th day of February, 2013 Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD Concept - (Hooverson Addition) Legal Description: Existing Legal City of Eden Prairie Parcel: That part of the West 120 feet of the East 505.50 feet of Tract F lying North of the South 410.05 feet of said Tract F, Registered Land Survey No 751, Hennepin County, Minnesota. Orin and Patricia Hooverson Parcel: That part of the West 100 feet of the East 605.50 feet of Tract F lying North of the South 410.05 feet of said Tract F, Registered Land Survey No. 751, Hennepin County, Minnesota. Proposed Legal Description Lots 1 and 2 Block 1, Hooverson Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2013- RESOLUTION APPROVING THE PRELIMINARY PLAT OF HOOVERSON ADDITION FOR ORIN AND PATRICIA HOOVERSON BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of Hooverson Addition for Orin and Patricia Hooverson stamp dated January 15, 2013, and consisting of 0.92 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 19th day of February, 2013. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk LOCATION MAP EXISTING LEGAL DESCRIPTION: CITY OF EVEN PRAIRIE PARCEL: - .^ f • n.w er^swrae[i S. .t me 14.I1.')S¢N.[Ni a/4nK bn0at' aW.P5 le.dae •" '," Y1 R 9 1, °FUN AND Porno.;MWVERS01'I PARCEL. q nye wRr. 1m Nrtxw ear ens.5a re«d Tra¢.ry�p nnm an: sleds Nw%w 'x ..�'� ne .•.0.fna:am se...,u.55'-rvervron. .ba lMnrod 7:wJ .:. • x - 1 ieoAv I PROPOSED LEGAL DESCRIPTION: ��..�-- ,[ I w�r,ro z.aloe e. e,0..Dnrnn- . 1 gu 1, . • • .-- ---- - _r Ei .yd 7;1- 41 1 1J"..i 'I + I " , 1 if + +1 CERTIFICATION: f ^ , 1 i ,n.ee, e..,., n"aw"e....on..e ree..¢e,mesa., en. pl. .� _E f+ .. ...[dine.v,bvoawe Sidi....e..e.......d Ind sot..rw..�. J ,� 1 ., .! fI ! o .e.s.w.r. ,xi. `y'.•\ _i I tr o..• •�—,,y � Y 6 a...NOW.� w wbump i.�w�en..nmw•n n.aamn.,wr.da n.p..,e�„�. e....e One�..aernn amr.ue[mowrwaa.cw err.w,r.'. ei '_� I +�` rw"M•116(se[.e.aw)[,welxw.t..N.nuee...m.'ea.runrx- •R `.0 • }j� I` % ff ru�uRe s�mee �....us.v'... �1 'I • I11 J ., :..' � �"\ i1 4. CaNNFrrEON5 i.L- -_--_ r . -? , ` EXISTING ZONING-RURAL I�t� rJ. RRCFPO5EO ZONING-Rf 13.5 .:1 1}-�I L os]o! �R FT DIP. Log4ilr+ GJ+ L y : • S I es,N FO a Se,eR e�aee. [,.SOI.et b' s,•,t',. �� r -'-'. +1i •: f w I ` -. is ACr �. �E.aa ilr amour° ��v 111�I+ 1' %l I y •.. ->oaw-+t1 r:11:."...,[... ....- . -s¢a�¢ 1. �' wrx ��A.1 .1 'I Tan,ees-rwL _ p n 1 ,1 1 aeen.er• -- Si —,-r JgAti +1� it - J 1�� —+?IC, / L.t . �,_ �_ ' +" �°°� PRELIMINARY 1 :� Tom=— y !� PLAT J � . _� , 1,� , i g I+ HOOVERSON ADDITION J RECEIVED Hennepin County _ Planning Q;pisrtmant Eden Prairie,MN JAN 16 2013 I-1 j E+ynersng•Survelvq u �,0 Lanasc pm Ae 11 S City Of Eden Prelrie Hawn.TRc puuNcr Duce.ea. - n. STAFF REPORT TO: Planning Commission FROM: Regina Rojas, Planner II DATE: January 25, 2013 SUBJECT: Hooverson Addition APPLICANT/ Orin and Patricia Hooverson OWNER: 120 DAY REVIEW: Expires May 15, 2013 LOCATION: 12151 Sunnybrook Road REQUEST: • Comprehensive Guide Plan Change from Park/Open Space to Low Density Residential on 0.21 acres. • Planned Unit Development Concept Review on 0.92 acres. • Planned Unit Development District Review with waivers in the RI- 13.5 Zoning District on 0.92 acres. • Zoning District Change from Rural to R1-13.5 on 0.92 acres. • Preliminary Plat on 0.92 acres into two lots. BACKGROUND The Planning Commission recommended approval of the sale of a 0.21 acre strip of city owned parkland adjacent to the applicant's property at the August 13, 2012. The City Council approved a purchase agreement between the applicant and the City for the sale of the 0.21 acre strip of city owned park land the October 16, 2012 meeting. The final sale approval is contingent upon the Planning Commission and City Council approving the final plat. GUIDE PLAN The Comprehensive Guide Plan shows the 0.92 acre site as Low Density Residential (0.71 acres) and Park/Open Space (0.21 acres). Surrounding sites are guided Park/Open Space and Low Density Residential. A Guide Plan Change is proposed from Park/Open Space to Low Density Residential on the 0.21 acre portion of the site. R1-13.5 ZONING DISTRICT The site is currently zoned Rural. The lot is non-conforming since it does not meet the 10-acre minimum lot size. The site also has a non-conforming structure which will be removed. The proposed lot size, lot dimensions, street frontage, and house pads conform to the R1- 13.5 zoning district requirements. Rezoning to R1-13.5 is appropriate for the following reasons: 1. The rezoning is consistent with City policy to eliminate non-conforming lots. 2. The rezoning to R1-13.5 is consistent with the surrounding zoning. 3. The rezoning is consistent with the guide plan. The site and the surrounding area is guided low density residential. PRELIMINARY PLAT The preliminary plat combines the 0.21 acres of city owned parkland with the existing 0.71 acres owned by the applicant. Proposed Lots 1 and 2 meet the lot size and dimension requirements. PUD WAIVERS The project requires the following PUD waiver for Lot 1: • Wetland buffer width from 25 to 10 feet. This is needed in order to provide a reasonable size area for the house. The proposed house pad for Lot 1 meets the wetland structure setback requirement. UTILITIES City sewer and water is available. STAFF RECOMMENDATION Recommend approval of the following request: • Comprehensive Guide Plan Change from Park/Open Space to Low Density Residential on 0.21 acres. • Planned Unit Development Concept Review on 0.92 acres. • Planned Unit Development District Review with waivers in the R1-13.5 Zoning District on 0.92 acres. • Zoning District Change from Rural to R1-13.5 on 0.92 acres. • Preliminary Plat on 0.92 acres into two lots. This is based on plans stamp dated January 15, 2013 and Staff Report dated January 25, 2013 and the following conditions: 1. Remove the existing non conforming structure. 2. Provide a conservation easement over the wetland area. 3. Planned Unit Development waivers are granted as follows: • Wetland buffer width from 25 to 10 feet. Area Location Map - Hooverson Addition Address: 12151 Sunnybrook Road, Eden Prairie, MN 55347 le -'4' 1. .• & t... , ...,_ ....., __r ...,. , .. .„ pp. - Tr. ., l VIA ..-,,N,,, , r ,: - lik, .) • h ll i; NOW Homeward Hills Road 1111* Dartmouth Avenue 41,2 0.,?„.---.;.... .----- ..... . ,.. .if, 't`- --- liritif er; 11- = .r , _.,,....„,, . r..... . �. r � ,. } �* - fin- Sunnybrook Road "r , 1'. SITE w_ - j - a: "" ., I Iii } Creekwood b .F 3r ti Park ._ �. a . ,, , , ;4*..* 4 az dim,-,,..e_ w , . . \ \ , ' , t ea.`. ! •-,.� l.. -.t ,�. r ': '.'T V ` .N r t .-- - } pa 0 130 260 '' 520 Feet A , Guide Plan Map Hooverson Addition 12151 Sunnybrook Road, Eden Prairie, MN Mir, _______,___:::::::: 11110 „ --\-- \ Homeward Hills Road Dartmouth Avenue /' Mim ,, SITE Sunnybrook Roa] Wilderness Cove Creekwood Park City of Eden Prairie Land Use Guide 111111111 _Li Legend Rural Residential 0.10 Units/Acre Neighborhood Commercial N Low Density Residential 0-2.5 Units/Acre IICommunity Commercial Streams p� -Principal ArterialA 1772 Low Density/Public/Open Space - Regional Commercial -A Minor Arterial Medium Density residential 2.5-10 Units/Acre PFZ Town Center —B Minor Arterial ' ' i '1 DATE Approved 03-19-03 DATE Revised 12-06-06 I//4 Medium Density Residential/Office - Park/Open Space -Major Collector DATE Revised 1-07-05 DATE Revised 03-01-07 EDEN DATE Revised 11-07-05 DATE Revised 06-01-07 MI High Density Residential 10-40 Units/Acre Public/Quasi-Public m Minor Collector DATE Revised 02-23-06 DATE Revised 10-01-07 DATE Revised 03-23-06 DATE Revised 03-01-08 Airport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09 Office - Church/Cemetary PRAIRIE j//J Office/Industrial Open Water LIVE•WORK•DHEAM V/2 Office/Public/Open Space Right-Of-Way 260 130 ��• �� 260 Feet - Industrial Zoning Map Hooverson Addition 12151 Sunnybrook Road, Eden Prairie MN --„,„„,,,, 111 ml rf It , Wo""""'"- Homeward Hills Road •--iliii aim I 41111 Dartmouth Avenue �'- ow _i i -::::::::_ __ Sunnybrook Road ISITE I / Wilderness Cove \\ Creekwood Park \ -City o den Prairie Zoning Map i Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. 1-7 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. al TC-MU I GD I General Development Waters(Creeks Only) t . i R1-9.5 One Family-9,500 sf min. Industrial Park-2 Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. Industrial Park- 5 Acre Min. EDEN Up dated through approved Ordinances#26-2008 -RM-2.5 Multi-Family-17.4 U.P.A.max. General Industrial-5 Acre Min. Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Office J Public Date:March 1,2009 Neighborhood Commercial I Golf Course In case of 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 0.075 0.1 5 -Regional Service Commercial Miles mo..,...,ti4..o..o.a., ..._. .m..m ,..,, Aerial Map- Hooverson Addition Address: 12151 Sunnybrook Road, Eden Prairie, MN 55347 p - ` _ 1. Sunnybrook Road _ - fi ti 1 w ' '__ LI i 3•-• k•`r` •. ..., .* • - .+ram 'v' y . - .� ivr J ." _ .fir_ Y li , - ._ '' ;. SITE ►. • ! • • 4 }� ►ice160).1;. ....-• - ► r y r... - '. ..r. „ fti tr.. i iit it I' -,1f` .. i ~ •� • .0Creekwood Homeward Hills Road Y : Park •Oluipriplup wir ,, = . y 0 40 r 80 160 Feet APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,JANUARY 28, 2013 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: Steven Frank, Matt Fyten, John Kirk, Katie Lechelt, Jacob Lee, Jerry Pitzrick, Kevin Schultz, Jon Stoltz, Travis Wuttke STAFF MEMBERS: Mike Franzen, City Planner Regina Rojas, City Planner Rod Rue, City Engineer Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE —ROLL CALL Vice Chair Fyten called the meeting to order at 7:00 p.m. Kirk, Lechelt, Pitzrick, and Stoltz were absent. II. APPROVAL OF AGENDA MOTION by Schultz, seconded by Wuttke, to approve the agenda. Motion carried 5-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON NOVEMBER 27, 2012 MOTION by Frank, seconded by Lee, to approve the minutes. Motion carried 3-0. Frank and Schultz abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. HOOVERSON ADDITION,by Orin and Patricia Hooverson Location: 12151 Sunnybrook Road Request for: January 28, 2013 Page 2 • Guide Plan Change from Parks/Open Space to Low Density Residential on .21 acres • Planned Unit Development Concept Review on .92 acres • Planned Unit Development District Review with waivers on .92 acres • Zoning District Change from Rural to R1-13.5 on.92 acres • Preliminary Plat of.92 acres into two lots. Robert Ellis, Public Works Director for the City of Eden Prairie,presented the proposal. He stated the City has an interest in this proposal because the owners of the property would like to subdivide and create a second lot on this parcel of land. To do this, they need a portion of land owned by the City. This parcel of land is park property that is currently not being used for park purposes. The City would be willing to sell this parcel of land to the Hooverson's in order to improve the site area of this property. Vice Chair Fyten asked Franzen to review the staff report. Franzen said there are two conditions with this project; the first is to remove the existing non- conforming structure and the second is to provide a conservation easement over the wetland area. Staff recommendation is for approval. Vice Chair Fyten opened the meeting up for public input. There was no input. Wuttke asked if any residents located on the eastern side of this property came forward with any objections. Mr. Ellis said there have been no residents coming forward with objections. MOTION by Schultz, seconded by Wuttke, to close the public hearing. Motion carried 5-0. MOTION by Schultz, seconded by Wuttke, to recommend approval of the Guide Plan Change from Parks/Open Space to Low Density Residential on .21 acres, Planned Unit Development Concept Review on .92 acres, Planned Unit Development District Review with waivers on .92 acres, Preliminary Plat of.92 acres into 2 lots, based on plans stamped dated January 15, 2013 and the staff report dated January 25, 2013. Motion carried 5-0. VII. PLANNERS' REPORT VIII. MEMBERS' REPORT A. CITIZEN ADVISORY COMMITTEE—LIGHT RAIL IX. CONTINUING BUSINESS X. NEW BUSINESS January 28, 2013 Page 3 XI. ADJOURNMENT MOTION by Lee, seconded by Wuttke, to adjourn the meeting. Motion carried 5-0. There being no further business, the meeting was adjourned at 7:10 p.m. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims February 19, 2013 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 224251-224484 Wire Transfers 1002707 - 1002818 Wire Transfers 4663—4669 City of Eden Prairie Council Check Summary 2/19/2013 Division Amount General 61,271 100 City Manager 5,477 101 Legislative 56 102 Legal Counsel 120 110 City Clerk 265 111 Customer Service 2,374 112 Human Resources 1,518 113 Communications 2,190 114 Benefits&Training 151 132 Housing and Community Services 130 133 Planning -56 137 Economic Development 5,694 138 Community Development Admin. 1,307 150 Park Administration 3,279 151 Park Maintenance 11,919 153 Organized Athletics 2,191 154 Community Center 25,926 156 Youth Programs 2,385 158 Senior Center 1,170 162 Arts 1,690 163 Outdoor Center 50 167 CC-Youth Programs 2,765 168 Arts Center 140 180 Police 11,903 184 Fire 36,267 186 Inspections 108 200 Engineering 595 201 Street Maintenance 5,183 Total General Funds 186,067 301 CDBG 7,282 308 E-911 1,273 309 DWI Forfeiture 21 Total Special Revenue Funds 8,576 315 Economic Development 4,757 509 CIP Fund 12,423 Total Special Revenue Funds 17,180 601 Prairie Village Liquor 100,820 602 Den Road Liquor 129,169 603 Prairie View Liquor 76,158 605 Den Road Building 142 701 Water Fund 102,006 702 Sewer Fund 342,971 703 Storm Drainage Fund 4,476 Total Enterprise Funds 755,742 803 Escrow Fund 4,200 807 Benefits Fund 390,311 809 Investment Fund 1,283 812 Fleet Internal Service 58,662 813 IT Internal Service 40,553 815 Facilites Operating ISF 34,818 816 Facilites City Center ISF 30,229 817 Facilites Comm.Center ISF 30,448 Total Internal Service Funds 590,503 Report Totals 1,558,068 City of Eden Prairie Council Check Register 2/19/2013 Check# Amount Vendor/Explanation Account Description Business Unit Explanation 224321 288,047 METROPOLITAN COUNCIL ENVIRONME MCES User Fee Sewer Utility-General Monthly MCES Fee 4664 214,377 CERIDIAN State Taxes Withheld Health and Benefits Medical&Dental Premium 4667 140,307 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 224307 42,649 JOHNSON BROTHERS LIQUOR CO Liquor Prairie Village Liquor Store 224431 39,543 JOHNSON BROTHERS LIQUOR CO Wine Domestic Prairie Village Liquor Store 224462 29,146 PHYSIO CONTROL INC EMS Supplies Fire 1002818 28,391 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating 224350 26,229 SOUTHERN WINE&SPIRITS OF MN Liquor Den Road Liquor Store 1002734 25,600 LEGACY SERVICES CORP Insurance Claims Sewer Utility-General 224397 25,000 C H ROBINSON Other Assets FF&E-Furn,Fixtures&Equip. 224348 24,355 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Sewer System Maintenance 1002789 24,134 LEGACY SERVICES CORP Insurance Claims Sewer Utility-General 1002775 22,976 DIVERSE BUILDING MAINTENANCE Janitor Service Den Bldg.-CAM 224370 22,771 WIRTZ BEVERAGE MINNESOTA Transportation Den Road Liquor Store 4666 22,410 ING Deferred Compensation General Fund 224303 21,975 INTEGRATED PROCESS SOLUTIONS I Other Contracted Services Water Capital 224469 20,490 SOUTHERN WINE&SPIRITS OF MN Liquor Prairie View Liquor Store 224481 18,475 WIRTZ BEVERAGE MINNESOTA Transportation Den Road Liquor Store 224387 17,166 BAKER TILLY VIRCHOW KRAUSE LLP Software Maintenance IT Operating 224371 16,179 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 4665 16,011 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 224349 15,848 SOUTH METRO PUBLIC SAFETY TRAI Other Contracted Services Public Safety Training Facilit 1002752 15,016 THORPE DISTRIBUTING Beer Den Road Liquor Store 224353 14,684 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Wells 1002707 14,212 ADVANCED ENGINEERING&ENVIRON Design&Engineering Water Capital 4669 12,685 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 224422 12,091 HENNEPIN COUNTY TREASURER Licenses,Permits,Taxes Capital Impr./Maint.Fund 224482 10,537 WIRTZ BEVERAGE MINNESOTA BEER Beer Den Road Liquor Store 224380 9,644 LIFE INSURANCE COMPANY OF NORT Life Insurance EE/ER Health and Benefits 224437 9,529 LIFE INSURANCE COMPANY OF NORT Life Insurance EE/ER Health and Benefits 1002786 9,111 J&D WINDOW CLEANING Janitor Service Fitness/Conference-Cmty Ctr 224461 8,469 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie View Liquor Store 224340 8,441 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 224276 7,539 EAGAN,CITY OF Reimbursement IT Operating 224306 7,518 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 224289 7,352 GRAYMONT Treatment Chemicals Water Treatment Plant 224429 7,293 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 1002774 7,220 DAY DISTRIBUTING Misc Taxable Den Road Liquor Store 1002732 6,748 INTEGRITY REMODELING&DESIGN Capital Under$25,000 Fitness Center 1002773 6,745 DAKOTA SUPPLY GROUP INC Merchandise for Resale Water Metering 224280 6,682 ENVIRONMENTAL EQUIPMENT&SERV Equipment Parts Fleet Operating 1002720 6,365 DAY DISTRIBUTING Beer Prairie View Liquor Store 224440 5,690 MACQUEEN EQUIPMENT INC Auto Repair&Maint. Sewer System Maintenance 1002807 5,297 THORPE DISTRIBUTING Beer Den Road Liquor Store 224337 5,226 OLYMPIC HILLS GOLF CLUB Operating Supplies Internal Events 1002814 5,118 WALL TRENDS INC Contract Svcs-Gen.Bldg City Center Operations 224319 5,000 MCCD Other Contracted Services Economic Development Check# Amount Vendor/Explanation Account Description Business Unit Explanation 1002717 5,000 CHARD TILING&EXCAVATING INC Other Contracted Services Riley Lake 224424 4,757 HENNEPIN COUNTY TREASURER Other Contracted Services Project Fund 224480 4,339 WINE MERCHANTS INC Transportation Den Road Liquor Store 224392 4,234 BERG-JOHNSON ASSOCIATES INC Process Control Equipment Water Treatment Plant 1002770 4,126 CERIDIAN Ceridian IT Operating 224399 3,939 COMMUNITY ACTION PARTNERSHIP Refunds CDBG-Public Service 224383 3,852 AMERICAN GLASS&MIRROR INC Building Repair&Maint. Water Treatment Plant 1002768 3,848 CENTERPOINT ENERGY Gas Sewer Liftstation 224378 3,770 MADISON NATIONAL LIFE Disability Ins Employers Health and Benefits 224411 3,741 FEDERAL SIGNAL CORPORATION Equipment Parts Fleet Operating 224299 3,689 IMPACT PROVEN SOLUTIONS Other Contracted Services Environmental Education 224418 3,622 GRAYMONT Treatment Chemicals Water Treatment Plant 224404 3,400 EDEN PRAIRIE HOCKEY ASSOCIATIO Other Contracted Services Ice Rink#1 1002756 3,387 VAN PAPER COMPANY Cleaning Supplies City Center Operations 224460 3,338 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store 224374 3,218 PROGRESSIVE CONSULTING ENGINEE Design&Engineering Water Capital 1002711 3,131 BELLBOY CORPORATION Transportation Prairie View Liquor Store 1002769 3,118 CENTURYLINK Telephone IT Telephone 1002778 3,057 GENUINE PARTS COMPANY Operating Supplies Street Maintenance 1002760 2,987 WINE COMPANY,THE Wine Imported Prairie Village Liquor Store 1002766 2,982 CDW GOVERNMENT INC. Office Supplies Community Development Admin. 224369 2,970 WINE MERCHANTS INC Transportation Prairie View Liquor Store 224358 2,946 SURLY BREWING CO Beer Prairie View Liquor Store 224458 2,904 NTOA Tuition Reimbursement/School Police 224257 2,820 B&B PRODUCTS/RIGS AND SQUADS Machinery&Equipment Police 1002808 2,779 T-MOBILE USA Deposits Escrow 1002710 2,690 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating 224314 2,623 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Operating 224323 2,607 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Prairie View Liquor Store 224290 2,568 HAMMEL,GREEN AND ABRAHAMSON Design&Engineering Planning&Development 1002811 2,535 VAN PAPER COMPANY C H Robinson-Cleaning Suppli City Hall-Direct Costs 224311 2,500 KLM ENGINEERING INC Other Contracted Services Water Storage 224452 2,500 MN CIT OFFICERS ASSOCIATION Tuition Reimbursement/School Police 1002754 2,499 TOWMASTER INC Machinery&Equipment Snow&Ice Control 224421 2,434 HENNEPIN COUNTY Refunds CDBG-Public Service 224414 2,361 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 1002763 2,300 BELLBOY CORPORATION Transportation Den Road Liquor Store 224426 2,214 HOHENSTEINS INC Beer Prairie View Liquor Store 224400 2,179 COSTCO Operating Supplies Fitness Classes 224300 2,132 IND SCHOOL DIST 272 Gym Rental Adult Open Gym 1002739 2,028 METRO SALES INCORPORATED* Other Rentals Customer Service 1002793 2,006 METRO SALES INCORPORATED* Other Rentals IT Operating 1002721 1,984 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions 224423 1,980 HENNEPIN COUNTY TREASURER Licenses&Taxes Riley House 1002771 1,975 CLAREY'S SAFETY EQUIPMENT Training Supplies Fire 224273 1,858 DAVANNI'S PIZZA Merchandise for Resale Concessions 224339 1,850 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store 224434 1,846 KEEPERS Clothing&Uniforms Police 1002718 1,845 COMPAR INC Computers Prairie Village Liquor Store 224327 1,760 MINNESOTA SAFETY SERVICES LLC Instructor Service Pool Lessons 224391 1,750 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating Check# Amount Vendor/Explanation Account Description Business Unit Explanation 224471 1,723 SURLY BREWING CO Beer Den Road Liquor Store 1002812 1,662 VINOCOPIA Misc Taxable Den Road Liquor Store 224442 1,659 MARCO INC Operating Supplies IT Telephone 1002715 1,616 CDW GOVERNMENT INC. Miscellaneous IT Operating 224470 1,602 STAPLES ADVANTAGE Office Supplies Customer Service 1002788 1,602 LAWN RANGER,INC,THE Contract Svcs-Snow Removal Fire Station#1 224444 1,521 MIDWEST COCA COLA BOTTLING COM Merchandise for Resale Concessions 224467 1,492 SIGNSOURCE Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr 224331 1,421 NATIONAL MARTIAL ARTS ASSOCIAT Instructor Service CC-Fall Skill Development 224302 1,421 INNOVATIVE GRAPHICS Clothing&Uniforms Safety Camp 224259 1,402 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating 1002716 1,316 CERIDIAN Ceridian IT Operating 224454 1,295 MRA-THE MANAGEMENT ASSOCIATION Dues&Subscriptions Human Resources 224474 1,283 US BANK Interest Investment Fund 1002719 1,277 CUSTOM HOSE TECH Equipment Repair&Maint Water Treatment Plant 224382 1,254 AMAZING ATHLETES OF SOUTHWEST Instructor Service CC-Preschool Events 1002815 1,237 WATSON CO INC,THE Merchandise for Resale Concessions 224266 1,201 CENTURYLINK Maintenance Contracts E-911 Program 224288 1,144 GRAPE BEGINNINGS Transportation Prairie View Liquor Store 224351 1,140 SPIRIT APPAREL&STUFF Advertising Community Center Admin 1002728 1,105 GRAINGER Cleaning Supplies Water Treatment Plant 224472 1,090 TAMS-WITMARK MUSIC LIBRARY INC Other Contracted Services Summer Theatre 224296 1,087 HOHENSTEINS INC Beer Den Road Liquor Store 224279 1,063 ENERGY SALES INC Supplies-HVAC Public Works/Parks 1002780 1,048 GRAINGER Supplies-Electrical City Hall-CAM 224401 1,000 DAKOTA COUNTY TECHNICAL COLLEG Conference Expense Street Maintenance 224352 986 SPORTS WORLD USA INC Capital Under$25,000 Ice Rink#1 4663 981 CERIDIAN Garnishment Withheld General Fund 1002806 909 STREICHERS Protective Clothing Police 1002724 901 FASTENAL COMPANY Repair&Maint.Supplies Water Treatment Plant 1002795 860 MULCAHY COMPANY INC Equipment Repair&Maint Water Treatment Plant 1002758 852 WATSON CO INC,THE Merchandise for Resale Concessions 1002726 845 FERRELLGAS Gas Outdoor Center 224398 840 CENTURYLINK Process Control Services Water Treatment Plant 224393 837 BERNICK'S WINE Beer Prairie View Liquor Store 1002781 833 GRANICUS INC Software Maintenance IT Operating 1002731 788 IDEXX DISTRIBUTION CORP Laboratory Chemicals Water Treatment Plant 1002816 761 WINE COMPANY,THE Transportation Den Road Liquor Store 224332 747 NEREM,KURT Other Contracted Services Rehab 224326 745 MINNESOTA PIPE AND EQUIPMENT* Equipment Parts Water Metering 224354 727 ST CROIX TREE SERVICE INC Other Contracted Services Tree Removal 224394 725 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs-Security Prairie Village Liquor Store 224330 711 MRPA Conference Expense Parks Administration 1002745 703 POMP'S TIRE SERVICE INC Tires Fleet Operating 224457 702 NORTHERN AIR CORPORATION Contract Svcs-HVAC Ice Arena Maintenance 1002796 693 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 224473 680 TKO WINES,INC Wine Imported Prairie Village Liquor Store 1002762 678 ABM EQUIPMENT AND SUPPLY COMPA Equipment Repair&Maint Fleet Operating 224417 673 GRAPE BEGINNINGS Transportation Den Road Liquor Store 1002809 669 TOWMASTER INC Equipment Parts Fleet Operating 224325 660 MINNESOTA MUNICIPAL BEVERAGE A Conference Expense Prairie Village Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 224366 657 VTI Building Repair&Maint. Sewer System Maintenance 224459 650 ONE CALL NOW Other Contracted Services Street Maintenance 224284 635 FITNESS ANYWHERE LLC Equipment Parts Fitness Center 224395 617 BOURGET IMPORTS Transportation Prairie Village Liquor Store 224384 613 AMERICAN PLANNING ASSN Dues&Subscriptions Community Development Admin. 224258 600 BATES,DON Other Contracted Services Community Band 224364 574 US HEALTH WORKS MEDICAL GRP MN Health&Fitness Fire 224388 572 BALDWIN SUPPLY COMPANY Equipment Repair&Maint Water Treatment Plant 1002713 568 BOUND TREE MEDICAL LLC EMS Supplies Fire 224260 546 BERRY COFFEE COMPANY Merchandise for Resale Concessions 1002748 541 RAY ALLEN MANUFACTURING CO INC Canine Supplies Police 1002779 540 GOVDELIVERY Software Maintenance IT Operating 1002813 536 W P&R S MARS CO Equipment Parts Fleet Operating 224447 525 MINNESOTA FIRE SERVICE CERTIFI Tuition Reimbursement/School Fire 1002817 524 XCEL ENERGY Electric Forest Hills Park 1002787 471 JANEX INC Cleaning Supplies City Hall-CAM 1002772 468 COMPAR INC Office Supplies Utility Operations-General 1002785 457 INDUSTRIAL FLOOR MAINTENANCE I Equipment Parts Fleet Operating 224406 452 EDEN PRAIRIE ROTARY CLUB Miscellaneous Administration 224465 450 SCHOOL BUS TRAINING COMPANY Tuition Reimbursement/School Fire 1002804 450 SHERWIN WILLIAMS CO Operating Supplies Park Maintenance 224318 446 MAROTTA,VIC Instructor Service Fall Skill Development 224362 446 TKO WINES,INC Wine Imported Prairie Village Liquor Store 1002790 445 LUBRICATION TECHNOLOGIES INC Lubricants&Additives Fleet Operating 1002803 445 REINDERS INC Operating Supplies Park Maintenance 1002753 445 TOLL GAS AND WELDING SUPPLY Equipment Parts Fleet Operating 1002727 441 FORCE AMERICA Equipment Parts Fleet Operating 224291 438 HEELAN,THOMAS AR Utility Water Enterprise Fund 1002709 427 AMERITRAK Other Contracted Services Snow&Ice Control 224341 421 PINNACLE DISTRIBUTING Misc Taxable Prairie View Liquor Store 224464 417 RINK SYSTEMS INC Repair&Maint-Ice Rink 3rd Sheet of Ice 224333 414 NORTH STAR PUMP SERVICE Equipment Repair&Maint Water Treatment Plant 224297 410 IACP Dues&Subscriptions Police 224262 406 BOURGET IMPORTS Transportation Prairie View Liquor Store 1002792 403 MENARDS Lab Supplies Water Treatment Plant 224450 396 MINNESOTA WANNER COMPANY Machinery&Equipment Snow&Ice Control 224402 395 EDAM Dues&Subscriptions Economic Development 224373 389 EDEN PRAIRIE MALL LLC Building Rental Police 1002799 389 PRAIRIE ELECTRIC COMPANY Contract Svcs-HVAC Public Works/Parks 224277 384 EARL F ANDERSEN INC Improvement Contracts Capital Maint.&Reinvestment 224409 378 ENVIRONMENTAL EQUIPMENT&SERV Equipment Parts Fleet Operating 224365 362 VERIZON WIRELESS Pager&Cell Phone Park Maintenance 224468 350 SOUNDS GREAT Special Event Fees Special Events&Trips 1002722 333 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 1002801 328 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 224324 325 MINNESOTA DEPT OF PUBLIC SAFET Licenses&Taxes Water Treatment Plant 224456 316 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment Plant 224256 313 ASPEN MILLS Clothing&Uniforms Fire 1002751 310 SPRINT Computers IT Operating 224386 306 ASTLEFORD EQUIPMENT COMPANY IN Equipment Parts Fleet Operating 224389 304 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage Check# Amount Vendor/Explanation Account Description Business Unit Explanation 224305 300 JACK IN THE BOX False Alarm Fees General Fund 224484 300 STEARNS COUNTY SHERIFF'S DEPAR Deposits Escrow 224254 300 AMERICAN BOTTLING COMPANY,THE Misc Taxable Prairie View Liquor Store 1002761 288 ZEP MANUFACTURING CO Equipment Parts Fleet Operating 224313 280 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Fire Station#3 224343 280 PROGRESSIVE CONSULTING ENGINEE Design&Engineering Water Treatment Plant 224268 275 CLAEYS,MATTHEW OR SUZANNE CLA AR Utility Water Enterprise Fund 224410 272 ENVIRONMENTAL RESOURCE ASSOCIA Laboratory Chemicals Water Treatment Plant 224420 265 GTS Conference Expense City Clerk 224449 262 MINNESOTA VALLEY ELECTRIC COOP Electric Traffic Signals 224427 254 IAFC Dues&Subscriptions Fire 224476 250 US POSTMASTER Postage Senior Center Admin 224416 247 GETTMAN COMPANY Misc Taxable Den Road Liquor Store 1002730 247 HIRSHFIELD'S Repair&Maint.Supplies Water Distribution 224342 245 PLEAA Dues&Subscriptions Police 224407 242 EDEN PRAIRIE WINLECTRIC Equipment Repair&Maint Traffic Signals 224322 239 MICRO CENTER A/R Other Hardware IT Operating 1002737 237 LYNN PEAVEY COMPANY Operating Supplies Police 224304 235 J H LARSON COMPANY Building Repair&Maint. Park Maintenance 224478 233 VTI Contract Svcs-Security Fitness/Conference-Cmty Ctr 224445 232 MIDWEST SIGN&SCREEN PRINTING Equipment Parts Fleet Operating 224367 230 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 224443 225 MCPA/MN CRIME WATCH Dues&Subscriptions Police 1002747 224 PROSOURCE SUPPLY Janitor Service Fitness/Conference-Cmty Ctr 1002725 223 FEDEX Postage Human Resources 224308 220 JULIAR,SILVIJA Deposits-P&R Refunds Community Center Admin 1002738 220 MENARDS Lab Supplies Water Treatment Plant 224263 210 BROWN,LEANNE E Other Contracted Services Heritage Preservation 224267 210 CHASKA PARKS AND RECREATION Instructor Service Special Events&Trips 224317 209 LIONS TAP Operating Supplies Safety Camp 224316 202 LIGHTNING PRINTING INC Printing Day Care 1002749 202 SCHWAB VOLLHABER LUBRATT SERVI Supplies-HVAC City Hall-CAM 224419 200 GS DIRECT Operating Supplies Engineering 224252 200 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 224379 200 MINNESOTA DEPARTMENT OF HEALTH Licenses&Taxes Water Treatment Plant 224436 192 LANO EQUIPMENT INC Equipment Parts Fleet Operating 224375 190 TCALMC Conference Expense Engineering 224381 188 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 224253 184 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1002810 180 TRI COUNTY BEVERAGE&SUPPLY Misc Non-Taxable Den Road Liquor Store 224283 173 FISHER SCIENTIFIC Laboratory Chemicals Water Treatment Plant 1002759 170 WEEDMAN,NICOLE Mileage&Parking Youth Programs Admin 1002767 168 CENTER FOR HEALTHY LIVING Instructor Service Senior Center Programs 224255 164 AMERIPRIDE LINEN&APPAREL SER Janitor Service Den Road Liquor Store 224432 163 JOHNSTONE SUPPLY Supplies-HVAC 3rd Sheet of Ice 224328 163 MINNESOTA WANNER COMPANY Equipment Parts Snow&Ice Control 1002750 155 SPRAYING SYSTEMS CO Equipment Repair&Maint Water Treatment Plant 1002740 155 METROPOLITAN FORD Equipment Repair&Maint Fleet Operating 224372 153 WOODLAND HILL VINEYARDS LLC Wine Domestic Prairie View Liquor Store 224261 151 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 1002783 148 HOBART Contract Svcs-Garden Rm/Caf. City Hall-CAM Check# Amount Vendor/Explanation Account Description Business Unit Explanation 1002712 148 BILLADEAU,TERM Mileage&Parking Community Center Admin 1002708 147 AMARA WINES LLC Transportation Prairie Village Liquor Store 1002784 146 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 224453 145 MPX GROUP,THE Printing Police 224428 145 J H LARSON COMPANY Supplies-Garden Rm/Cafeteria City Hall-CAM 224385 145 AMERIPRIDE LINEN&APPAREL SER Janitor Service Prairie Village Liquor Store 1002782 140 HEFFERAN,CINDI Operating Supplies Day Care 4668 140 VANCO SERVICES Miscellaneous Community Center Admin 224335 136 OHL,ELIZABEATH AR Utility Water Enterprise Fund 224315 120 LIEBERT CASSIDY WHITMORE Legal Legal Council 224294 120 HIGHWAY TECHNOLOGIES Conference Expense Engineering 224265 119 CENTURYLINK Telephone IT Telephone 1002797 119 NUCO2 INC Supplies-Pool Pool Maintenance 224338 117 OXYGEN SERVICE COMPANY Operating Supplies Fire 224336 117 OLSEN COMPANIES Operating Supplies Park Maintenance 224309 116 KEEPERS Clothing&Uniforms Police 224251 116 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1002742 114 NEW FRANCE WINE COMPANY Transportation Prairie Village Liquor Store 1002746 112 PRIME SOURCE ONE LLC Operating Supplies Gymnasium(CC) 224430 102 JOHN CRANE,INC Equipment Repair&Maint Water Wells 224287 100 GOPHER STATE ONE-CALL OCS-Leak Detection Utility Operations-General 224292 100 HENNEPIN COUNTY FIRE CHIEF ASS Dues&Subscriptions Fire 224439 100 LINDBLOOM,BRUCE Refunds Environmental Education 224475 100 US HEALTH WORKS MEDICAL GRP MN Employment Support Test Organizational Services 224286 100 G&K SERVICES-MPLS INDUSTRIAL Other Contracted Services Park Maintenance 224466 99 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie Village Liquor Store 224274 96 DIRECTV Cable TV Community Center Admin 1002805 92 SHRED-IT USA MINNEAPOLIS Waste Disposal City Center Operations 224477 90 VERIZON WIRELESS Telephone E-911 Program 224310 90 KINDERMUSIK WITH KIM Instructor Service CC-Fall Skill Development 224356 89 STEWART RELOCATION SERVICES AR Utility Water Enterprise Fund 224295 89 HILGERT,KAARI Licenses,Permits,Taxes,Fees Fitness Classes 224403 86 EDCO PRODUCTS INC Water Meter Sales Water Enterprise Fund 1002794 83 MINNESOTA CLAY CO.USA Operating Supplies Arts Center 224271 82 CONTINENTAL SAFETY EQUIPMENT Supplies-HVAC Ice Arena Maintenance 224425 79 HIGHWAY TECHNOLOGIES INC Operating Supplies Street Maintenance 1002800 76 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Operating 224329 75 MPX GROUP,THE Printing Police 1002791 71 MARGRON SKOGLUND WINE IMPORTS, Transportation Prairie View Liquor Store 1002741 69 NAUGHTON,MARIA Licenses,Permits,Taxes,Fees Fitness Classes 224301 64 INDUSTRIAL FLOOR MAINTENANCE I Operating Supplies Fleet Operating 224438 61 LIFT BRIDGE BREWERY Beer Den Road Liquor Store 224357 59 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 1002776 59 FASTENAL COMPANY Operating Supplies Park Maintenance 1002733 59 JETER,KARA Tuition Reimbursement/School Fitness Classes 1002757 59 VERLEY,VALERIE Mileage&Parking Athletic Programs Admin 224359 57 TAYLOR,EMILY Operating Supplies Arts Center 1002755 56 TYRA-LUKENS,NANCY Travel Expense City Council 224455 55 NELSON,BRYAN Inspection Fee Housing Inspections 224390 55 BATTERIES PLUS Supplies-Electrical City Hall-CAM 1002736 55 LOFRANO,TAMMY Licenses,Permits,Taxes,Fees Aquatics&Fitness Admin Check# Amount Vendor/Explanation Account Description Business Unit Explanation 224363 54 UNDESSER,JOHN Mileage&Parking Inspections-Administration 1002743 54 OTTEN,DAN Mileage&Parking Inspections-Administration 1002764 51 BOUND TREE MEDICAL LLC EMS Supplies Fire 224264 50 BURR,DIANE Refunds Environmental Education 224281 50 FBI-LEEDA Dues&Subscriptions Police 224293 50 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 224298 50 IAPE Dues&Subscriptions Police 224361 50 THOMSEN&NYBECK P A Other Contracted Services Police 224376 50 UNIVERSITY OF MINNESOTA Conference Expense Engineering 224415 50 FULLER,MARK Refunds Environmental Education 224483 50 YAHNA,JOSEPH Refunds Environmental Education 1002723 50 FAGNANT,SUSAN Operating Supplies Outdoor Center 224396 49 BUECHLER,STEVE Refunds Environmental Education 1002735 48 LOEHLEIN,KATIE Licenses,Permits,Taxes,Fees Fitness Classes 224346 47 SHAMROCK GROUP,INC-ACE ICE Transportation Den Road Liquor Store 1002729 43 HD SUPPLY FACILITIES MAINTENAN Supplies-General Bldg Police City Center 224441 40 MAMA Miscellaneous Administration 224320 39 MENARDS Cleaning Supplies City Hall-CAM 224408 35 ENGINEERING MINNESOTA MAGAZINE Dues&Subscriptions Engineering 224269 35 COMCAST Operating Supplies Fire 224285 35 FITZGERALD,MAUREEN Licenses,Permits,Taxes,Fees Fitness Classes 224368 32 WEBER,ANNETTE Deposits-P&R Refunds Community Center Admin 224446 32 MINNESOTA DEPT OF HEALTH Tuition Reimbursement/School Water Treatment Plant 224312 29 KNUTSON,SHARAN AR Utility Water Enterprise Fund 224278 28 EDEN PRAIRIE WINLECTRIC Operating Supplies Traffic Signals 224479 28 WAYTEK INC Equipment Parts Fleet Operating 1002744 27 PARK SUPPLY OF AMERICA INC Supplies-Plumbing City Hall-CAM 224451 23 MINVALCO INC Supplies-HVAC Ice Arena Maintenance 1002802 22 RAY ALLEN MANUFACTURING CO INC Canine Supplies Police 224448 22 MINNESOTA TROPHIES&GIFTS Operating Supplies Police 224355 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 224272 20 CRAIN,HEATHER AR Utility Water Enterprise Fund 224412 20 FELKER,BARBARA Deposits-P&R Refunds Community Center Admin 224413 20 FISCHER,MARLENE Deposits-P&R Refunds Community Center Admin 224433 20 KALIHER,SANDRA Deposits Community Center Admin 1002777 17 G&K SERVICES Clothing&Uniforms Facilities Staff 224405 16 EDEN PRAIRIE NEWS Dues&Subscriptions Communications 224270 16 COMCAST Wireless Subscription IT Operating 1002798 16 PARK SUPPLY OF AMERICA INC Supplies-Plumbing City Hall-CAM 224435 14 KRAEMERS HARDWARE INC Operating Supplies Street Maintenance 224344 12 RICHFIELD,CITY OF Licenses&Taxes Fleet Operating 1002714 11 CAWLEY COMPANY,THE Clothing&Uniforms Prairie Village Liquor Store 224347 11 SHIMANSKI,BERMA Deposits-P&R Refunds Community Center Admin 224282 10 FISERV INC Bank and Service Charges Water Accounting 224463 10 PRAIRIE LAWN AND GARDEN Operating Supplies Street Maintenance 224334 9 NUSS TRUCK GROUP INC Equipment Parts Fleet Operating 224275 7 DRIVER RECORDS Licenses&Taxes Customer Service 224345 7 SCHMUCKER,SUE Deposits-P&R Refunds Community Center Admin 1002765 6 BOYER TRUCKS Equipment Parts Fleet Operating 1,558,068 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Ordinances & Resolutions February 19, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XI.A. Denise Christensen Street Name Change Public Works/Engineering Requested Action Move to: Approve First Reading and Second Reading of the Ordinance changing Cochran Lane to Martin Drive from its intersection with Martin Drive to its intersection with Mitchell Road. Synopsis Cochran Lane is being renamed Martin Drive from its intersection with Martin Drive to its intersection with Mitchell Road to provide consistency and ease of access for emergency vehicles to new development. Background Information A portion of Martin Drive presently runs east of Mitchell Road and intersects with Cochran Lane. From there, Cochran Lane runs south and loops back to the west to intersect with Mitchell Road. With the new Dos Manitas Daycare Facility and Five Mitchell Crossing Apartment developments, there will be an increased need for emergency vehicles and it will be more consistent for the entire roadway to be named Martin Drive. The alignment of Cochran Lane will stay the same. There will be no business or residential addresses affected by the name change. Staff is unaware of any conflict with the street name choice. Attachments • Ordinance • Location Map CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2013 BE IT ORDAINED by the Eden Prairie City Council that the north/south and east/west portion of Cochran Lane from its intersection with Martin Drive to its intersection with Mitchell Road shall be named Martin Drive. READ AND ADOPTED at a regular meeting of the City Council of the City of Eden Prairie on February 19, 2013, and ordered published at a regular meeting of the City Council of said City on February 19, 2013. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on • '11-, 'O'S'j�4 /,Qp SRRE Y a ROSES vPL. W� loD4.. TR �o C�' _CRO WN , z oSp F,�NO OF 1� , o0 105. DR. a ��<" GN SAND JG OF c� CT• it r^ .ii-KERRY �� CI• tiL ,LL CIR.hz• -► ty �, ,�Q" o C q ,p Cl' 0 �o� ,P�/ 77. 1 12. Z p Ak v �tL EST HI ,`k' �� doh o p 2 S. c= s- FOR 78. q�� 2 Spy i KSI m F�ti RD 3 ci 117. 0R 04 0 o BFF coREEOT, d0 �, 0 J w o ( 1 �, -+ y/VE a ' `—o w / 00'i , L - R0BERTS .� �PORO 8.�� if, a )-3.41- DR. ��<`N`' -� a4/cr �� 9 L �``- yY o a p • STE .p D. r _ ci" \ 0P��P4c' lx I- E 9 �� ' �" \ G O Y V 3 a m co' r s oo w m �+ s ��F. O VALLEY voi S SCOT I o�iF �o�F� w ® o� +Q� \ FAIRS 44 m o�JG-p( CURREN 4.* ,°• �� AI O VIEW W ��, DR o �/ 3i p�Q. 1 o <3- N- �G� ~ O _� m 0\ G Z �P np 0 LaiLA. MgR•ov U DR. L� �� 0y� O /T�e�F ANAGRP� I ' o Oil' w Ic . UR' Mi► Y 5 21 0 ce 9 10 *R9. LONE 1615 OAK RD. T116N R22W c� 3s R - \CNiVOLO O TECHNOLOGY CITY if \ CENTER w 0 m SCENIC HTS. i RD. ANDERSON m V-ci:;— a > 3 93. ERWIN v —)� OAK DR. Q = 2 v RAYMpL CT.� I- ..A�G\\I'S�RQ t COCHRAN LANE NORTH LOCATION MAP