HomeMy WebLinkAboutCity Council - 02/18/2014 AGENDA
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY,FEBRUARY 18, 2014 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher
Wickstrom, Kathy Nelson, and Ron Case
CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, City Planner
Michael Franzen, Community Development Director Janet Jeremiah, Parks and Recreation
Director Jay Lotthammer, City Attorney Ric Rosow and Council Recorder Jan Curielli
I. CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE
III. COUNCIL FORUM INVITATION
IV. PROCLAMATIONS /PRESENTATIONS
A. RESOLUTION SUPPORTING PARTICIPATION IN THE OPEN TO
BUSINESS PROGRAM
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, JANUARY 21, 2014
B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 21, 2014
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. BLUFFS WEST 13TH ADDITION by Lake West Development, LLC. Approval
of the Development Agreement. Location: 11480 Riverview Road(Development
Agreement)
C. SECOND READING OF ORDINANCE AMENDING CITY CODE CHAPTER
11, SECTION 11.06,RELATING TO SCREENING OF GROUND BASED
TELECOMMUNICATIONS EQUIPMENT IN PUBLIC RIGHT-OF-WAY
AND ADOPT RESOLUTION APPROVING PUBLICATION OF SUMMARY
ORDINANCE
AGENDA
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY,FEBRUARY 18, 2014 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. CITY MONUMENT SIGNS
Open Podium - Council Chamber
II. OPEN PODIUM
III. ADJOURNMENT
CITY COUNCIL AGENDA
February 18, 2014
Page 2
D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH
HOISINGTON KOEGLER GROUP INC (HKGI) TO PREPARE A TOD
ORDINANCE
E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF
CONSULTING GROUP FOR DESIGN AND IN-CONSTRUCTION
SERVICES FOR THE CITY WEST PARKWAY TRAIL CONNECTION
F. AWARD CONTRACT TO ADVANCED ENGINEERING & ENVIRONMENTAL
SERVICES FOR PRELIMINARY MODELING AND PLANNING OF NEW
DRINKING WATER GROUND STORAGE RESERVOIR
G. DECLARE POLICE CANINE AS SURPLUS PROPERTY
H. ADOPT RESOLUTION DECLARING PROPERTY AS ABANDONED
PROPERTY
IX. PUBLIC HEARINGS/MEETINGS
A. MAC DEVELOPMENT PARCEL 2 by Metropolitan Airports Commission.
Request for Zoning District Change from Rural to Airport Office on 39 acres.
Location: Flying Cloud Airport(Ordinance for Zoning District Change)
B. MAC DEVELOPMENT PARCEL 3 by Metropolitan Airports Commission.
Request for Zoning District Change from Rural & Public to Airport Commercial on
3.04 acres. Location: Flying Cloud Airport(Ordinance for Zoning District Change)
C. MAC DEVELOPMENT PARCEL 4 by Metropolitan Airports Commission.
Request for Zoning District Change from Public to Airport Commercial on 4.53
acres. Location: Flying Cloud Airport (Ordinance for Zoning District Change)
D. MAC DEVELOPMENT PARCEL 5 by Metropolitan Airports Commission.
Request for Zoning District Change from Public to Airport Commercial on 0.45
acres. Location: Flying Cloud Airport (Ordinance for Zoning District Change)
E. MAC DEVELOPMENT PARCEL 6 by Metropolitan Airports Commission.
Request for Zoning District Change from Rural & R1-13.5 to Airport Office on
20.02 acres. Location: Flying Cloud Airport (Ordinance for Zoning District
Change)
F. MAC DEVELOPMENT PARCEL 7 by Metropolitan Airports Commission.
Request for Zoning District Change from Public to Airport Commercial on 3.17
acres. Location: Flying Cloud Airport (Ordinance for Zoning District Change)
G. FIRST READING OF AN ORDINANCE AMENDING CITY CODE
CHAPTER 11 RELATING TO DISTRICT STANDARDS AND OFF STREET
PARKING FACILITIES FOR THE A-C AND A-OFC DISTRICTS
CITY COUNCIL AGENDA
February 18, 2014
Page 3
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS,REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
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
1. Consideration of Adoption of Ordinances Related to E Cigarettes and
Hookah Lounges
XV. OTHER BUSINESS
XVI. ADJOURNMENT
ANNOTATED AGENDA
DATE: February 14, 2014
TO: Mayor and City Council
FROM: Rick Getschow, City Manager
RE: City Council Meeting for Tuesday, February 18, 2014
TUESDAY, FEBRUARY 18, 2014 7:00 PM, COUNCIL CHAMBER
I. CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
Open Podium is an opportunity for Eden Prairie residents to address the City Council on
issues related to Eden Prairie city government before each Council meeting, typically the
first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If
you wish to speak at Open Podium,please contact the City Manager's office at
952.949.8412 by noon of the meeting date with your name, phone number and subject
matter. If time permits after scheduled speakers are finished, the Mayor will open the
floor to unscheduled speakers. Open Podium is not recorded or televised. If you have
questions about Open Podium,please contact the City Manager's Office.
IV. PROCLAMATIONS/PRESENTATIONS
A. RESOLUTION SUPPORTING PARTICIPATION IN THE OPEN TO
BUSINESS PROGRAM
Rob Smolund from Open to Business will make a presentation on the
program.
Synopsis: Open to Business is a technical assistance program for small
businesses provided through the Metropolitan Consortium of Community
Developers (MCCD), a 45 member association committed to increasing
opportunities for small business and entrepreneurs. The range of services
provided include business plan development, marketing and feasibility studies,
cash flow and financing projections, loan request preparation, and advocacy with
lending institutions.
The fee for one year of service remains at$10,000,with Hennepin County
covering half and the City the other half. This is the third year the City has
participated in the program.
Eden Prairie participated for the first time in 2012. In 2013, a total of 14 clients
were served. Business industries served included service, retail-food related,
wholesale/distribution, and manufacturing. Services provided to clients included
cash flow analysis,regulatory assistance, loan packaging, lease review, strategic
ANNOTATED AGENDA
February 18, 2014
Page 2
planning, equipment lease negotiation, business feasibility, business plan
development, real estate analysis, marketing, and networking/referrals. In 2014,
city staff plans to increase public awareness of the Open to Business program.
Examples of efforts include advertising the program in the "Life in the Prairie"
newsletter, including information about the program in utility bill mailings, and
reaching out to new home-based businesses.
Hennepin County has once again committed funds to support Open to Business in
2014. MCCD provides the service for a flat annual fee of$10,000 for
municipalities with populations between 30,000 and 60,000. For populations over
60,000, fees are negotiated on a case-by-case basis.
MOTION: Move to adopt resolution supporting the City's participation in the
Open to Business program and committing to funding one half of the cost or
$5,000.
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,JANUARY 21, 2014
B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 21, 2014
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII. CONSENT CALENDAR
MOTION: Move approval of items A-H on the Consent Calendar.
A. CLERK'S LICENSE LIST
B. BLUFFS WEST 13TH ADDITION by Lake West Development, LLC. Approval
of the Development Agreement. Location: 11480 Riverview Road (Development
Agreement)
C. SECOND READING OF ORDINANCE AMENDING CITY CODE CHAPTER
11, SECTION 11.06, RELATING TO SCREENING OF GROUND BASED
TELECOMMUNICATIONS EQUIPMENT IN PUBLIC RIGHT-OF-WAY
AND ADOPT RESOLUTION APPROVING PUBLICATION OF SUMMARY
ORDINANCE
D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH
HOISINGTON KOEGLER GROUP INC (HKGI) TO PREPARE A TOD
ORDINANCE
ANNOTATED AGENDA
February 18, 2014
Page 3
E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF
CONSULTING GROUP FOR DESIGN AND IN-CONSTRUCTION
SERVICES FOR THE CITY WEST PARKWAY TRAIL CONNECTION
F. AWARD CONTRACT TO ADVANCED ENGINEERING & ENVIRONMENTAL
SERVICES FOR PRELIMINARY MODELING AND PLANNING OF NEW
DRINKING WATER GROUND STORAGE RESERVOIR
G. DECLARE POLICE CANINE AS SURPLUS PROPERTY
H. ADOPT RESOLUTION DECLARING PROPERTY AS ABANDONED
PROPERTY
IX. PUBLIC HEARINGS/MEETINGS
A. MAC DEVELOPMENT PARCEL 2 by Metropolitan Airports Commission.
Request for Zoning District Change from Rural to Airport Office on 39 acres.
Location: Flying Cloud Airport(Ordinance for Zoning District Change)
Official notice of this public hearing was published in the February 6, 2014,Eden
Prairie News and sent to 301 property owners.
Synopsis: The Metropolitan Airports Commission (MAC)zoning application to
the city was to rezone the entire 39 acre parcel from Rural to Airport Office (A-
OFC). The City staff and the Planning Commission both recommend rezoning
approximately 9 acres of the parcel to Airport Office north of the line identified as
Runway 10L/28R. This approach would be a better fit with the neighborhood and
to minimize the impact on trees, slopes, wetlands, flood plain and shoreland areas.
At the Planning Commission meeting the MAC indicated it(the 9 acre area)
would be the only spot for development. The MAC has submitted 2 concept plans
as examples of potential future Airport Office development for the site.
Concept Plan 1 - A one story, 30,000 square foot office building
Concept Plan 2—A four story 120,000 square foot office building
• The plans occupy approximately 9 acres of the 39 acre parcel.
• The rezoning request is consistent with Chapters 3 and 5 of the Comprehensive
Plan.
• The plans do not impact wetland areas, shoreland areas, or floodplain areas.
• The plans have limited impacts to the steep slopes and vegetation on site.
• Concept Plan 1 appears to conform to the requirements of the Airport Office
zoning district.
• Concept Plan 2 appears to conform to the requirements of the Airport Office
zoning district with the exception of the height limitation. The four story
building shown exceeds the 30 foot height requirement. Conforming to the
ANNOTATED AGENDA
February 18, 2014
Page 4
height requirement with the same building footprint would reduce the building
size to 60,000 square feet.
Background
The City and Metropolitan Airports Commission (MAC) entered into a
Memorandum of Understanding in December 2010 to establish a mutually
agreeable review process and regulations for development parcels at Flying Cloud
Airport. This mutually agreeable review process involved 3 steps.
• Step one was completed last year amending the comprehensive plan and the
zoning code related to the establishment of the Airport Office and Airport
Commercial zoning districts.
• Step two is the rezoning of the six (6)MAC Development Parcels. (There is a
public hearing for each development parcel).
• Step three will be site plan review of the six (6) MAC Development Parcels
which will occur at some point in the future when a developer is ready to build.
The 120-Day Review Period Expires on April 8, 2014.
Planning Commission Recommendation
The Planning Commission voted 5-0 to recommend approval of the project at the
January 27, 2014 meeting subject to the following conditions:
1. Rezoning only that portion of the property located north of the line identified
as Runway 10L/28R as shown on Figures C1.1 and C2.1. MAC will provide
a legal description of that portion of Parcel 2;
2. Any site plan application will conform to all requirements of the City Code.
•
MOTION: Move to:
• Close the Public Hearing; and
• Approve 1st Reading of the Ordinance for Zoning District Change from
Rural to Airport Office (A-OFC) subject to the following conditions:
1. Rezoning only that portion of the property located north of the line
identified as Runway 10L/28R as shown on Figures C1.1 and C2.1.
2. Any site plan application will conform to all requirements of the City
Code.
B. MAC DEVELOPMENT PARCEL 3 by Metropolitan Airports Commission.
Request for Zoning District Change from Rural & Public to Airport Commercial on
3.04 acres. Location: Flying Cloud Airport(Ordinance for Zoning District Change)
Official notice of this public hearing was published in the February 6, 2014,Eden
Prairie News and sent to 92 property owners.
Synopsis: The Metropolitan Airports Commission(MAC) is proposing to rezone
3.04 acres of property from Rural and Public (PUB)to Airport—Commercial (A-
C). The MAC has submitted 2 concept plans as examples of potential future
Airport Commercial development for the site.
ANNOTATED AGENDA
February 18, 2014
Page 5
Concept Plan 1 - A 3,000 square foot gas station with car wash.
Concept Plan 2—A 6,000 square foot retail building and 10,000 square foot
retail building.
• The rezoning request is consistent with Chapters 3 and 5 of the
Comprehensive Plan.
• The concept plans appear to conform to the requirements of the Airport
Commercial zoning district.
• The plans do not impact wetland areas, shoreland areas, or floodplain areas.
• The plans do not impact steep slopes and vegetation on site.
Background
The City and Metropolitan Airports Commission (MAC) entered into a
Memorandum of Understanding in December 2010 to establish a mutually
agreeable review process and regulations for development parcels at Flying Cloud
Airport. This mutually agreeable review process involved 3 steps.
• Step one was completed last year amending the comprehensive plan and the
zoning code related to the establishment of the Airport Office and Airport
Commercial zoning districts.
• Step two is the rezoning of the six (6)MAC Development Parcels. (There is a
public hearing for each development parcel).
• Step three will be site plan review of the six (6) MAC Development Parcels
which will occur at some point in the future when a developer is ready to
build.
The 120-Day Review Period Expires on April 8, 2014.
Planning Commission Recommendation
The Planning Commission voted 5-0 to recommend approval of the project at the
January 27, 2014 meeting subject to the following condition:
1. Any site plan application will conform to all requirements of the City Code.
MOTION: Move to:
• Close the Public Hearing; and
• Approve 1st Reading of the Ordinance for Zoning District Change from
Rural and Public (PUB) to Airport Commercial (A-C) on 3.04 acres,
subject to the following condition:
1. Any site plan application will conform to all requirements of the City
Code.
ANNOTATED AGENDA
February 18, 2014
Page 6
C. MAC DEVELOPMENT PARCEL 4 by Metropolitan Airports Commission.
Request for Zoning District Change from Public to Airport Commercial on 4.53
acres. Location: Flying Cloud Airport (Ordinance for Zoning District Change)
Official notice of this public hearing was published in the February 6, 2014,Eden
Prairie News and sent to 22 property owners.
Synopsis: The Metropolitan Airports Commission(MAC) is proposing to rezone
4.53 acres of property from Public (PUB)to Airport—Commercial (A-C). The
MAC has submitted 2 concept plans as examples of potential future Airport
Commercial development for the site.
Concept Plan 1 - A 6,000 square foot retail building and a 4,000 square foot
retail building.
Concept Plan 2—A 2,925 square foot retail building with gas and a 2,625 square
foot retail building.
• The rezoning request is consistent with Chapters 3 and 5 of the
Comprehensive Plan.
• The concept plans appear to conform to the requirements of the Airport
Commercial zoning district, with the exception that Concept Plan 2 exceeds
the height limitation.
• The plans do not impact wetland areas, shoreland areas, or floodplain areas.
• The plans do not impact steep slopes and vegetation on site.
Background
The City and Metropolitan Airports Commission(MAC) entered into a
Memorandum of Understanding in December 2010 to establish a mutually
agreeable review process and regulations for development parcels at Flying Cloud
Airport. This mutually agreeable review process involved 3 steps.
• Step one was completed last year amending the comprehensive plan and the
zoning code related to the establishment of the Airport Office and Airport
Commercial zoning districts.
• Step two is the rezoning of the six (6)MAC Development Parcels. (There is a
public hearing for each development parcel).
• Step three will be site plan review of the six (6) MAC Development Parcels
which will occur at some point in the future when a developer is ready to build.
The 120-Day Review Period Expires on April 8, 2014.
Planning Commission Recommendation
The Planning Commission voted 5-0 to recommend approval of the project at the
January 27, 2014 meeting subject to the following condition:
1. Any site plan application will conform to all requirements of the City Code.
ANNOTATED AGENDA
February 18, 2014
Page 7
MOTION: Move to:
• Close the Public Hearing; and
• Approve 1st Reading of the Ordinance for Zoning District Change from
Public (PUB) to Airport Commercial (A-C) on 4.53 acres, subject to the
following condition:
1. Any site plan application will conform to all requirements of the City
Code.
D. MAC DEVELOPMENT PARCEL 5 by Metropolitan Airports Commission.
Request for Zoning District Change from Public to Airport Commercial on 0.45
acres. Location: Flying Cloud Airport (Ordinance for Zoning District Change)
Official notice of this public hearing was published in the February 6, 2014,Eden
Prairie News and sent to 33 property owners.
Synopsis: The Metropolitan Airports Commission (MAC) is proposing to rezone
0.45 acres of property from Public (PUB)to Airport—Commercial (A-C). The
MAC has not submitted any concept plans for this parcel.
• The lot size is less than the 2 acre minimum lot size for the A-C zoning
district.
• Due to the size, shape, and multiple street frontages, future development on
this site will be limited.
• The rezoning request is consistent with Chapters 3 and 5 of the
Comprehensive Plan.
• There are no wetland areas, shoreland areas, or floodplain areas on this parcel.
• There are no steep slopes or vegetation on this parcel.
Background
The City and Metropolitan Airports Commission (MAC) entered into a
Memorandum of Understanding in December 2010 to establish a mutually
agreeable review process and regulations for development parcels at Flying Cloud
Airport. This mutually agreeable review process involved 3 steps.
• Step one was completed last year amending the comprehensive plan and the
zoning code related to the establishment of the Airport Office and Airport
Commercial zoning districts.
• Step two is the rezoning of the six (6)MAC Development Parcels. (There is a
public hearing for each development parcel).
• Step three will be site plan review of the six (6) MAC Development Parcels
which will occur at some point in the future when a developer is ready to build.
The 120-Day Review Period Expires on April 8, 2014.
Planning Commission Recommendation
The Planning Commission voted 5-0 to recommend approval of the project at the
January 27, 2014 meeting subject to the following condition:
ANNOTATED AGENDA
February 18, 2014
Page 8
1. Any site plan application will conform to all requirements of the City Code
with the granting of a waiver or a variance to the lot size requirement for the
A-C zoning district.
MOTION: Move to:
• Close the Public Hearing; and
• Approve 1st Reading of the Ordinance for Zoning District Change from
Public (PUB) to Airport Commercial (A-C) on 0.45 acres, subject to the
following condition:
1. Any site plan application will conform to all requirements of the City
Code with the granting of a waiver or a variance to the lot size
requirement for the A-C zoning district.
E. MAC DEVELOPMENT PARCEL 6 by Metropolitan Airports Commission.
Request for Zoning District Change from Rural & R1-13.5 to Airport Office on 20.02
acres. Location: Flying Cloud Airport (Ordinance for Zoning District Change)
Official notice of this public hearing was published in the February 6, 2014,Eden
Prairie News and sent to 174 property owners.
Synopsis: The Metropolitan Airports Commission(MAC) zoning application to
the city was to rezone the entire 20 acre parcel from Rural to Airport Office (A-
OFC). The City staff and the Planning Commission both recommend rezoning
approximately 10 acres of the parcel to Airport Office north of the line identified
as Runway 10L/28R. This approach would be a better fit with the neighborhood
and to minimize the impact on trees, slopes, wetlands, flood plain and shoreland
areas. At the Planning Commission meeting the MAC indicated that the northern
part of the parcel is more desirable than the southern portion but would like the
potential to develop the entire parcel.
The MAC has submitted 2 concept plans as examples of potential future Airport
Office development for the site.
Concept Plan 1 —33,000 square feet of office (6 office suites @ 2,500 square feet
each and 9 office suites @ 2,000 square feet each)
Concept Plan 2—32,000 square feet of office (2 buildings @ 16,000 square feet
each)
• Concept plan 1 occupies the entire 20 acre parcel.
• Concept plan 2 occupies approximately 13 acres of the 20 acre parcel.
• The rezoning request is consistent with Chapters 3 and 5 of the
Comprehensive Plan.
• The concept plan appears to conform to the requirements of the Airport Office
zoning district.
• The plans do not impact wetland areas, shoreland areas, or floodplain areas.
• Concept plan 1 has impacts to the steep slopes and vegetation on site.
ANNOTATED AGENDA
February 18, 2014
Page 9
• Concept plan 2 has less of an impact to the steep slopes and vegetation
compared to Concept 1.
Background
The City and Metropolitan Airports Commission (MAC) entered into a
Memorandum of Understanding in December 2010 to establish a mutually
agreeable review process and regulations for development parcels at Flying Cloud
Airport. This mutually agreeable review process involved 3 steps.
• Step one was completed last year amending the comprehensive plan and the
zoning code related to the establishment of the Airport Office and Airport
Commercial zoning districts.
• Step two is the rezoning of the six (6)MAC Development Parcels. (There is a
public hearing for each development parcel).
• Step three will be site plan review of the six (6) MAC Development Parcels
which will occur at some point in the future when a developer is ready to build.
The 120-Day Review Period Expires on April 8, 2014.
Planning Commission Recommendation
The Planning Commission voted 4-1 to recommend approval of the project at the
January 27, 2014 meeting subject to the following conditions:
1. Rezoning only that portion of the property located north of the Runway
10R/28L line, as depicted on Figure C2. MAC will provide a legal
description for the portion of Parcel 6.
2. Any site plan application will conform to all requirements of the City Code.
MOTION: Move to:
• Close the Public Hearing; and
• Approve 15t Reading of the Ordinance for Zoning District Change from
Rural and R1-13.5 to Airport Office (A-OFC), subject to the following
conditions:
1. Rezoning only that portion of the property located north of the
Runway 10R/28L line, as depicted on Figure C2.
2. Any site plan application will conform to all requirements of the City
Code.
F. MAC DEVELOPMENT PARCEL 7 by Metropolitan Airports Commission.
Request for Zoning District Change from Public to Airport Commercial on 3.17
acres. Location: Flying Cloud Airport (Ordinance for Zoning District Change)
Official notice of this public hearing was published in the February 6, 2014,Eden
Prairie News and sent to 84 property owners.
Synopsis: The Metropolitan Airports Commission (MAC) is proposing to rezone
3.17 acres of property from Public (PUB)to Airport—Commercial (A-C). The
ANNOTATED AGENDA
February 18, 2014
Page 10
MAC has submitted a concept plan as an example of potential future Airport
Commercial development for the site.
Concept Plan -A 12,000 square foot retail building.
• The rezoning request is consistent with Chapters 3 and 5 of the
Comprehensive Plan.
• The concept plans appear to conform to the requirements of the Airport
Commercial zoning district.
• The plan does not impact wetland areas, shoreland areas, or floodplain areas.
• The plan does not impact steep slopes and vegetation on site.
Background
The City and Metropolitan Airports Commission (MAC) entered into a
Memorandum of Understanding in December 2010 to establish a mutually
agreeable review process and regulations for development parcels at Flying Cloud
Airport. This mutually agreeable review process involved 3 steps.
• Step one was completed last year amending the comprehensive plan and the
zoning code related to the establishment of the Airport Office and Airport
Commercial zoning districts.
• Step two is the rezoning of the six (6)MAC Development Parcels. (There is a
public hearing for each development parcel).
• Step three will be site plan review of the six (6) MAC Development Parcels
which will occur at some point in the future when a developer is ready to build.
The 120-Day Review Period Expires on April 8, 2014.
Planning Commission Recommendation
The Planning Commission voted 5-0 to recommend approval of the project at the
January 27, 2014 meeting subject to the following condition:
1. Any site plan application will conform to all requirements of the City Code.
MOTION: Move to:
• Close the Public Hearing; and
• Approve 15t Reading of the Ordinance for Zoning District Change from
Public (PUB) to Airport Commercial (A-C) on 3.17 acres, subject to the
following condition:
1. Any site plan application will conform to all requirements of the City
Code.
G. FIRST READING OF AN ORDINANCE AMENDING CITY CODE
CHAPTER 11 RELATING TO DISTRICT STANDARDS AND OFF STREET
PARKING FACILITIES FOR THE A-C AND A-OFC DISTRICTS
Official notice of this public hearing was published in the February 6, 2014,Eden
Prairie News.
ANNOTATED AGENDA
February 18, 2014
Page 11
Synopsis: This amendment adds:
• Setbacks, lot sizes,building height, site coverage,parking, etc.,
requirements for the A-C (Airport Commercial) zoning district. The
amendments are the same as other commercial zoning districts.
• Setbacks, lot sizes,building height, site coverage,parking, etc.,
requirements for the A-OFC (Airport Office) zoning district. The
amendments are the same as the office zoning district. The proposed
changes are shown in red on the draft amendment.
The Planning Commission voted 6-0 to recommend approval of the code
amendment at the January 13, 2014, meeting.
MOTION: Move to:
• Close the Public Hearing; and
• Approve 1st Reading of the Ordinance amending Chapter 11 Section
11.03, Subd 2 Tables 4 and 5. (District Standards), and Section 11.03
Subd 3. H.4 (Parking Requirement Use)
X. PAYMENT OF CLAIMS
MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote).
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS,REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
ANNOTATED AGENDA
February 18, 2014
Page 12
H. REPORT OF CITY ATTORNEY
1. Consideration of Adoption of Ordinances Related to E Cigarettes and
Hookah Lounges
Synopsis:
E Cigarettes
E Cigarettes have become more prevalent and retail locations are opening
up across the State. At the January 7, 2014 Council meeting staff
presented detailed background information relating to e cigarettes and the
City's options in relation to regulation. These ordinances and moratoria
provide implementation of the various options.
Hookah Lounges
Hookah lounges are establishments where patrons share shisha(flavored tobacco)
or other similar products from a communal hookah or nargile or where patrons are
served individual hookah pipes that are smoked on site. Surrounding
communities have been experiencing problems with their establishments
including code violations, zoning issues, and resident complaints.
The Council may consider adoption of one or more of the following:
• First reading of an Ordinance adding e cigarettes to the prohibitions against
smoking in the Eden Prairie Smokefree Air Ordinance of 2002
• First reading of an Ordinance adding e cigarettes to the prohibitions against
smoking in the Eden Prairie Smokefree Air Ordinance of 2002 and adding a
prohibition against smoking and use of e cigarettes in all locations the
Minnesota Clean Indoor Air Act prohibits smoking
• First reading of Ordinance requiring a license for retail sales of e cigarettes
• First and Second reading of an Ordinance instituting a moratorium
temporarily prohibiting all retail sales and sampling of e cigarettes and
Resolution authorizing study
• First and Second reading of an Ordinance instituting a moratorium
temporarily prohibiting hookah lounges, e cigarette lounges, and related
lounges and Resolution authorizing study
Background Information
E cigarette prohibition in Eden Prairie Smokefree Air Act (Exhibit A)
This Ordinance adds e cigarettes into the Eden Prairie Smokefree Air Act
Ordinance of 2002. The Act currently prohibits smoking in parks, city
facilities, motor vehicles owned by the city when occupied by two or more
persons, and motor vehicles at city parks and facilities. This Ordinance
will prohibit the use of e cigarettes in those same locations.
E cigarette prohibition in Eden Prairie Smokefree Air Act and MN Clean
Air Act (Exhibit B)
This Ordinance adds e cigarettes into the Eden Prairie Smokefree Air Act
Ordinance of 2002. The Act currently prohibits smoking in parks, city
facilities, motor vehicles owned by the city when occupied by two or more
persons, and motor vehicles at city parks and facilities. This Ordinance will
ANNOTATED AGENDA
February 18, 2014
Page 13
prohibit the use of e cigarettes in those same locations. In addition, this
Ordinance adds a prohibition against smoking,both tobacco and e
cigarettes, in any location the Minnesota Clean Indoor Air Act prohibits
smoking. This will prohibit use of e cigarettes in bars, restaurants, retail
stores, offices,public transportation, educational facilities, auditoriums, etc.
License for Retail Sales (Exhibit C)
This Ordinance adds e cigarettes to the definition of"tobacco-related
products" in the City's tobacco licensing ordinance. This will require that
those engaged in the retail sale of e cigarettes obtain a City tobacco license
and comply with related regulations.
Moratorium temporarily prohibiting Retail Sales and Sampling(Exhibit D)
This Moratorium temporarily prohibits all retail sales and sampling of e
cigarettes for a period of up to one year providing adequate time for the
City to conduct a study to determine what amendments to the City Code
will be required to deal effectively with e cigarettes. The moratorium will
expire in one year unless the City lifts it sooner.
Moratorium temporarily prohibiting Lounges (Exhibit E)
This Moratorium temporarily prohibits establishment of all hookah lounges, e
cigarette lounges and related lounges for a period of up to one year providing
adequate time for the City to conduct a study to determine what amendments
to the City Code will be required to deal effectively with such lounges. The
moratorium will expire in one year unless the City lifts it sooner.
POSSIBLE ACTIONS
MOTIONS TO PROHIBIT SMOKING OF E-CIGARETTES IN CERTAIN
LOCATIONS
Move to: Approve first reading of an ordinance amending City Code
Section 9.42 adding e-cigarettes to the prohibitions against smoking in
locations covered by the Eden Prairie Smokefree Air Ordinance of 2002.
OR
Move to: Approve first reading of an ordinance amending City Code
Section 9.42 adding e-cigarettes to the prohibitions against smoking in
locations covered by the Eden Prairie Smokefree Air Ordinance of 2002
and the Minnesota Clean Indoor Air Act.
MOTION TO REQUIRE A LICENSE FOR RETAIL SALE OF E-CIGARETTES
Move to: Approve first reading of an ordinance amending City Code
Section 5.35 to require a license for the retail sale of e-cigarettes.
ANNOTATED AGENDA
February 18, 2014
Page 14
MOTION FOR MORATORIUM ON RETAIL SALES AND SAMPLING OF
E-CIGARETTES
Move to:
• Approve first and second readings of an ordinance temporarily
prohibiting retail sale and sampling of e-cigarettes and related
devices; and
• Adopt the resolution approving publication of the summary
ordinance; and
• Adopt the resolution authorizing a study to determine what
amendments to City Code are required to protect the public
health, safety and welfare and to provide sound planning with
respect to retail sales and sampling of e-cigarettes and related
devices.
MOTION FOR MORATORIUM ON HOOKAH LOUGES & E-CIGARETTE
LOUNGES
Move to:
• Approve first and second readings of an ordinance temporarily
prohibiting all hookah lounges, e-cigarette lounges and related
lounges; and
• Adopt the resolution approving publication of the summary
ordinance; and
• Adopt the resolution authorizing a study to determine what
amendments to City Code are required to protect the public health,
safety and welfare and to provide for sound planning with respect
to all hookah lounges, e-cigarette lounges and related lounges.
XV. OTHER BUSINESS
XVI. ADJOURNMENT
MOTION: Move to adjourn the City Council meeting.
CITY COUNCIL AGENDA DATE:
SECTION: Proclamations & Presentations February 18, 2014
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO. IV.A.
Community Development: Open to Business Program
Janet Jeremiah/David Lindahl
Requested Council Action:
Move to: Adopt resolution supporting the City's participation in the Open to Business program and
committing to funding one half of the cost or $5,000.
Synopsis:
Open to Business is a technical assistance program for small businesses provided through the
Metropolitan Consortium of Community Developers (MCCD), a 45 member association committed
to increasing opportunities for small business and entrepreneurs. The range of services provided
include business plan development, marketing and feasibility studies, cash flow and financing
projections, loan request preparation, and advocacy with lending institutions.
The fee for one year of service remains at $10,000,with Hennepin County covering half and the City
the other half. This is the third year the City has participated in the program.
Background:
Eden Prairie participated for the first time in 2012. In 2013, a total of 14 clients were served.
Business industries served included service, retail-food related, wholesale/distribution, and
manufacturing. Services provided to clients included cash flow analysis, regulatory assistance, loan
packaging, lease review, strategic planning, equipment lease negotiation,business feasibility,
business plan development, real estate analysis, marketing, and networking/referrals. In 2014, city
staff plans to increase public awareness of the Open to Business program. Examples of efforts
include advertising the program in the "Life in the Prairie"newsletter, including information about
the program in utility bill mailings, and reaching out to new home-based businesses.
Funding:
Hennepin County has once again committed funds to support Open to Business in 2014. MCCD
provides the service for a flat annual fee of$10,000 for municipalities with populations between
30,000 and 60,000. For populations over 60,000, fees are negotiated on a case-by-case basis.
Attachments:
Resolution
Contract
2013 Annual Report
2013 At a Glance
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2013-
_
RESOLUTION APPROVING PARTICIPATION IN "OPEN FOR BUSINESS" A SMALL
BUSINESS TECHNICAL ASSISTANCE PROGRAM OFFERED THROUGH THE
HENNEPIN COUNTY HOUSING& REDEVELOPMENT AUTHORITY (HCHRA)
WHEREAS, the Open to Business is a small business and entrepreneur technical assistance
program provided by the Metropolitan Consortium of Community Developers (MCCD)through
a partnership with the Hennepin County Housing and Redevelopment Authority(HCHRA); and
WHEREAS, The Open to Business program will provide a range of services to participating
Eden Prairie businesses including: business plan development, Feasibility studies, cash flow and
financing projections, marketing, loan request preparation, advocacy with lending institutions;
and
WHEREAS, the City of Eden Prairie intends to submit an application to Hennepin County HRA
to fund half($5,000) of the annual Open To Business program cost of$10,000.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council:
The City of Eden Prairie approves submitting an application to Hennepin County HRA and
entering into that certain Contract for Services Between the City of Eden Prairie &Metropolitan
Consortium of Community Developers (MCCD) fo r the Open to Business Program dated Feb.
18, 2014 for participation in the Open for Busine ss small business technical assistance program.
Provided a grant of$5,000 is approved and pr ovided to MCCD by He nnepin County HRA for
half of the annual program fee, th e City agrees to provide to M CCD the other half of the total
cost or$5,000 for one year of service.
ADOPTED by the Eden Prairie City Council on the 18th day of February, 2014.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
Contract for Services
Between the City of Eden Prairie
Metropolitan Consortium of Community Developers (MCCD)
for the
Open to Business Program
THIS AGREEMENT, is made and entered into as of the 18th day of February 2014, between the City
of Eden Prairie (herein called"City") and the Metropolitan Consortium of Community Developers,
(herein called"MCCD").
WHEREAS, the City wishes to retain MCCD to provide small business technical assistance to existing
businesses and those parties interested in opening a business in Eden Prairie (the "Initiative") and
WHEREAS, MCCD has represented itself as competent to provide the services required to administer
and carry out the Initiative; and
WHEREAS, the City of Eden Prairie wishes to engage MCCD to provide said services necessary to
carry out the Initiative;
NOW THEREFORE, it is agreed between the parties hereto that;
1. TIME OF PERFORMANCE
The service to be provided by MCCD shall commence upon execution of this Agreement and
shall terminate as of January 31st, 2015. All services, documents, and information to be
furnished or performed by MCCD in order to carry out the Initiative shall be furnished or
performed as promptly as possible, and with the fullest due diligence.
2. COMPENSATION
Total compensation to MCCD shall be $10,000 for a one year period(the Contract Amount) to
manage the Eden Prairie Open to Business program. The Contract Amount will be paid in two
equal installments: $5,000 due and payable by the City of Eden Prairie upon execution of this
Agreement, and $5,000 invoiced and dated on or about 6 months from the agreement date,
payable by Hennepin County Housing Redevelopment Authority.
3. SCOPE OF SERVICES
MCCD will use the Contract Amount to provide technical assistance to existing Eden Prairie
businesses, residents and parties interested in starting a business in Eden Prairie; (See Exhibit A
Scope of Services-Eden Prairie Open to Business Program).
4. REPORTING
MCCD agrees to submit quarterly reports related to its operation of the Eden Prairie Open to
Business program. Items to be reported on include,but are not limited to, the following:
➢ Number of inquiries
➢ Hours of technical assistance provided
1
> Type of assistance provided
> Type of business
> Annual sales revenue
> Number of businesses opened
> Number of business expanded/stabilized
> Number and amounts of financing packages
> Demographic information on entrepreneurs
The required reporting schedule is as follows:
1st quarter January—March, report due April 30th
2nd quarter April—June, report due July 31st
3rd quarter July— September, report due October 31st
4th quarter October—December, report due January 31st of 2015
MCCD will provide additional reports as requested by the City.
5. PERSONNEL
MCCD represents that it has, or will secure, at its own expense, all personnel required in
performing the services to carry out the Initiative. Such personnel shall not be employees of or
have any contractual relationship with the City of Eden Prairie. No tenure or any other rights or
benefits, including worker's compensation, unemployment insurance,medical care, sick leave,
vacation pay, severance pay, or any other benefits available to City of Eden Prairie employees
shall accrue to MCCD or employees of MCCD performing services under this agreement. The
MCCD is an independent contractor.
All of the services required to carry out the Initiative will be performed by MCCD, and all
personnel engaged in the work shall be fully qualified and shall be authorized or permitted under
State and local law to perform such work.
6. INTEREST OF MEMBERS OF THE CITY AND OTHERS
No officer, member, or employee of the City of Eden Prairie, and no member of its governing
body, and no other public official or governing body of the locality in which the Initiative is
situated or being carried out, who exercises any functions or responsibilities in the review or
approval of the undertaking or carrying out of the Initiative, shall participate in the decision
relating to this Agreement which affects his/her personal interest or the interest of any
corporation,partnership, or association in which he/she is, directly or indirectly, interested or has
any personal or pecuniary interest, direct or indirect, in this Agreement or proceeds thereof.
7. ASSIGNABILTY
MCCD shall not assign any interest in this Agreement, and shall not transfer any interest in the
same without the prior written approval of the City of Eden Prairie thereto.
8. COMPLIANCE WITH LOCAL LAWS
MCCD agrees to comply with all federal and state laws, statutes and applicable regulations and
the ordinances of the City of Eden Prairie.
9. INSURANCE
MCCD agrees to provide proof of workers' compensation and comprehensive general liability
insurance. Comprehensive general liability insurance shall be in the minimum amount of
$1,500,000
2
10. HOLD HARMLESS
MCCD agrees to defend, protect, indemnify and hold harmless the City of Eden Prairie, their
agents, officers and employees harmless from and against all liabilities, losses, damages, costs
and expenses, whether personal,property, or contractual, including reasonable attorney's fees,
arising out of, or related to the administration and operation of the Initiative by the MCCD, and
from any act or negligence of MCCD, its officers, employees, servants, agents, or contractors.
The City of Eden Prairie agrees to defend, protect, indemnify and hold harmless the MCCD, its
agents, officers and employees harmless from and against all liabilities, losses, damages, costs
and expenses, whether personal,property, or contractual, including reasonable attorney's fees,
arising out of, or related to the administration and operation of the Initiative by the City of Eden
Prairie, and from any act or negligence of the City of Eden Prairie, its officers, employees,
servants, agents, or contractors.
11. NOTICES
A notice, demand, or other communication under the Agreement by either party to the other shall
be sufficiently given or delivered if it is dispatched by mail,postage prepaid, return receipt
requested, or delivered personally; and
(a) In the case of MCCD, is addressed or delivered personally to:
David Chapman, Director of Lending and Operations
Metropolitan Consortium of Community Developers
3137 Chicago Avenue South
Minneapolis, MN 55407
(b) In the case of the City of Eden Prairie:
David Lindahl
Economic Development Manager
City of Eden Prairie
8080 Mitchell Road.
Eden Prairie, MN 55344
or at such other address with respect to any party as that party may designate in writing and
forward to the other as provide in the Section.
12. MODIFICATION
This Agreement may not be modified, changed, or amended in any manner whatsoever without
the prior written approval of all the parties hereto.
13. DATA PRACTICES ACT
MCCD shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat.
Section1301, et seq.,to the extent that the Act is applicable to data and docume nts in the hands of
the MCDDA.
14. CLAIMS
3
To receive any payment on this C ontract, the invoice or bill must include the following signed and
dated statement: AI declare under penalty of perjury that this account, claim, or demand is just and
correct and that no part of it has been paid.
15. Contracting Party's Prompt Payment of Subcontractors.
The contracting Party shall pay to any subcontractor within ten(10)days of the Contracting Party's
receipt of payment from the City for undisputed services provided by the subcontractor. The
Contracting Party shall pay interest of one and a half percent (1 1/2%)per month or a ny part of a
month to a subcontract or on any undispute d amount not paid on time to the subcontractor. The
minimum monthly interest penalty payment for an unpaid balance of$100.00 or more is $10.00.
For an unpaid balance of less than $100.00,the Contracting Party shall pay the actual amount due
to the subcontractor.
16. Audits
The books,records, documents, and accounting procedures and practices of the Contracting Party 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 Contract.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year
first written above.
CITY OF EDEN PRAIRIE METROPOLITAN CONSORTIUM
OF COMMUNITY DEVELOPERS
By: By:
Nancy Tyra-Lukens, Mayor Jim Roth, Its Executive Director
And by;
By
Rick Getschow, City Manager
4
Exhibit A
Scope of Services
Open for Business Technical Assistance Services
MCCD will provide one-on-one technical assistance to the City of Eden Prairie businesses, residents and
aspiring entrepreneurs intending to establish,purchase, or improve a business in Eden Prairie. Technical
assistance includes, but is not limited to, the following:
> Business plan development
➢ Feasibility analysis
> Marketing,
➢ Cashflow and other financial projection development
> Operational analysis
➢ City and State licensing and regulatory assistance
> Loan packaging, and other assistance in obtaining financing
➢ Help in obtaining competent legal advice
MCCD will also provide technical assistance on a walk-in basis monthly in Eden Prairie City Hall or as
requested at a place of business within Eden Prairie.
Open for Business Access to Capital
Access to capital will be provided to qualifying businesses through MCCD's Emerging Small Business
Loan Program(see Exhibit B Small Business Loan Program Guidelines below). MCCD also provides
its financing in partnership other community lenders,banks or both.
5
EXHIBIT B
Small Business Loan Program Guidelines
Loan Amounts:
• Up to $25,000 for start-up businesses
• Larger financing packages for established businesses
• Designed to leverage other financing programs as well as private financing provided by the
commercial banking community.
Eligible Projects:
• Borrowers must be a"for-profit"business.
• Business must be complimentary to the existing Eden Prairie business community.
• Borrowers must have equity injection as determined by fund management.
Allowable Use of Proceeds:
• Loan proceeds can be used for working capital, inventory, equipment and general business
operations.
Interest Rates:
• Loan interest rate is dependent on use, term and other factors, not to exceed 10%.
Loan Term Length:
• Loan repayment terms will generally range from three to five years,but may be substantially
longer for major asset financing such as commercial property.
Fees and Charges:
• Borrowers are responsible for paying all customary legal and other loan closing costs.
6
ai
_iiiiiiiiii—__
OPEN
TO BUSINESS City/County: Eden Prairie
Time Frame: 1/1/13-12/31/13
Updates
Clients Served: Industry Segment:
New Entrepreneur/Start-up 7 Service 5
Existing Business 7 Retail-food related 4
Total 14 Wholesale/Distribution 2
Manufacturing-other 2
How did client hear about OTB: Manufacturing-food 1
• Municipality (newsletter) 6
• Friends/Family 1
• Internet 2
• Other 5
Direct & Facilitated Financing approved:
# of loans 2 Types of Businesses:
Amount $21,000 Sanitizing machine Medical skincare
for athletic equip
Meditteranan style 1 Handmade gifts and
food buffet housewares
Clothing line Sambusas-
Jobs retained or created from MCCD wholesale
closed loan clients: 3 Indoor Karting Somali Grocery and
facility Halal Meat Market
Manufacturing and Grocery store
Program related hours TA/Admin: 70 distributor of hospital
supplies
Types of Services Provided:
Cash flow analysis Business feasibility
Regulatory assistance Business plan
development
Loan packaging Real estate analysis
Lease review Marketing
Strategic planning Networking/Referrals
Equipment lease
negotiation
Client Highlights:
Elite Aesthetic Medspa LLC
Business Type: Skin Treatment Center
Location: 6420 Flying Cloud
Referred by: Municipality
Microgrant: $1,000
Helped this startup business with strategies to negotiate a better equipment lease to
improve cash flow; developed detailed cash flow projections to enable her to apply for
financing and assisted with securing a $1,000 Microgrant for her to buy inventory.
Speed Factory LLC
Business Type: Indoor go cart facility
Location: Eden Prairie tbd
Referred by: Internet
This business is considering opening an indoor electric go kart facility. Helped the entrepreneur
to develop reasonable detailed cash flow projections which he planned to present to potential
investors.
Other Loans:
In addition to the direct loans and one credit builder loan described above, MCCD made one
loan totaling $20,000 within the Central Corridor to a business located in Minneapolis that is
owned by resident of Eden Prairie. The Central Corridor Loans helped businesses that were
negatively impacted by the construction of the light rail along University Avenue and Stadium
Village.
Comments from an Eden Prairie client participating in an Open to Business Client
Survey:
"Very impressed with the Open to Business program."
ECU
OPEN
Metropolitan Consortium
of Community Developers
TO MIMES
S
2013 at a Glance
2012 2013
MCCD Direct Loans - Total
How many direct loans did we make in
the last two years? 32 47
How much of our own funds did we In 2011, MCCD made direct loans
lend out? totaling $728,840 to 33 small
$1,581,685 $1,470,456 businesses.
How much other money did our loan
fund leverage? $7,758,436 $14,627,466
On average, how much financing from
banks, community partners, and equity
did every $1 of MCCD funds leverage? $4.91 $9.95
How many jobs will our business
borrowers create or retain? 248 261
Direct Loans of$25,000 or less (to new and emerging businesses)
How many micro-loans did we make in
the last two years? 20 31
How much of our own funds did we
lend out as micro-loans? $244,892 $383,556
How much other money did our micro-
loan program leverage? $935,836 $1,590,989
On average, how much financing from
banks, community partners, and equity
did every $1 of MCCD microloan funds
leverage? $3.82 $4.15
How many jobs will our micro-loan
borrowers create or retain? 117 97.5
What share of our micro-loans went to The largest share (39%)was to African
minority-owned businesses? 0 American owned businesses followedf by
50 0/0 68/o Latino owned businesses (19%).
Where are most of our micro-loan 75% were 58% were In 2013, micro-loan borrowers were also
borrowers located? located in Brooklyn Center, Brooklyn
located in located in Park, Chaska, Egan Robbinsdale, St.
Minneapolis Minneapolis Louis Park, and four other cities.
Direct Loans greater than $25,000 (to second stage and growing businesses)
How many second stage business
loans did we make in the last two
years? 12 _ 16
How much of our own funds did we
lend out as second stage loans? $1,336,794 $1,086,900
How much other money did our
second stage loan program leverage? $6,822,600 $13,036,477
2012 2013
On average, how much financing from
banks, community partners, and equity
did every $1 of MCCD second stage
loan funds leverage? $5.10 $11.99
How many jobs will our second stage
borrowers create or retain? 131 163.5
In how many cities were our second Businesses were located in Minneapolis,
stage borrowers located? Blaine, Bloomington, Burnsville,
Hastings, Hopkins, Plymouth, Saint
9 10 Paul, St. Louis Park, and Wayzata.
Credit Builder Loans
How many credit builder loans did
MCCD make in the last two years? 57 75
How much did credit builder loan
volume increase over the prior year? 111% 32%
What share of our credit builder loans The largest share (57%)was to African
went to minorities? 88% 88% Americans followed by Latinos (27%).
Total Loan Volume (Direct Loans, Credit Builder Loans, and Administered Loans)
In all, how many loans did we close in This number also includes 23 Central
the last two years? (a) Corridor Loans which we administered
118 _ 145 for the city of Minneapolis.
In all, how much money did we lend This amount includes MCCD's own
out? funds along with funds we administered
$2,108,558 $2,007,745 on behalf of our community partners.
(a) Excludes 6 loans MCCD closed and/or serviced for Seward Redesign, Inc. and 4 loans assigned to
MCCD from Sparc.
Growth in MCCD's Loan Portfolio
2012 2013
At what rate did MCCD's Direct Loan Between 12/31/2011 and 12/31/2013,
Portfolio grow in the last two years? MCCD's outstanding direct loans more
than doubled from $1.47 million to$3.15
41% 52% million.
At what rate did loans serviced by Between 12/31/2011 and 12/31/2013,
MCCD grow in the last two years? the outstanding loans serviced by
MCCD more than doubled from
54% 44% $861,000 to over$1.9 million.
ITEM NO.: VI.A.
UNAPPROVED MINUTES
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY,JANUARY 21, 2014 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. COMMISSION WORK PLANS
A. CONSERVATION COMMISSION
Conservation Commission Chair Greg Olson reviewed the commission's 2013
activities and work plan for 2014. The commission is hosting the City's first-ever
Ecopalooza on May 17, which will include a"green crawl" and a solar boat regatta.
They also plan to continue work toward achieving the Minnesota Green Step Cities
Step Three recognition. In the area of energy conservation,the Commission continues
to support the use of PACE financing; promote use of electric vehicle charging
stations, solar panels and window energy; and support the 20-14-15 initiative. Efforts
in the area of water conservation will include promotion of the use of rain barrels,
permeable driveway and sidewalk surfaces, and rain gardens.
Council Member Aho asked the commission to consider meeting with and monitoring
activities of the City's watershed districts to help keep the City Council informed of
issues and activities related to water quality.
B. FLYING CLOUD AIRPORT ADVISORY COMMISSION
Flying Cloud Airport Advisory Commission Vice Chair Keith Tschohl reviewed the
commission's 2013 activities and 2014 work plan. Tschohl said the commission's
goals for 2014 will continue to fall into four main areas: monitoring the Final
Agreement with MAC, addressing matters as directed by the City Council,providing
education and information about the airport, and working with the City and MAC to
reduce nighttime noise and improve the appearance of the airport. The commission
will work on keeping the website current and informative, present a biennial review
of security, and make their annual tour of the airport to meet with staff and fixed base
operators. Tschohl also reviewed a summary of 2013 noise complaints. He said there
were a total of 5,156 noise complaints in 2013, compared to 2270 in 2012. He noted
that the increase in complaints is due almost completely to complaints from a single
City Council Workshop Minutes
January 21, 2014
Page 2
household,which contributed 2,968 complaints in 2013. Excluding that household,
overall complaints decreased by about three percent.
C. HERITAGE PRESERVATION COMMISSION
Heritage Preservation Commission Chair Ed Muehlberg reviewed the commission's
2013 activities and 2014 work plan. Muehlberg and Staff Liaison Lori Creamer
demonstrated the interactive map of historic properties on the City website. The
commission also worked on interpretive programs and pursued local heritage site
designations, and held a joint meeting with the Eden Prairie Historical Society. In
2014, the commission will be working on a landscape and interpretive plan for the
Dorenkemper House property. They also plan to apply for local heritage site
designation for the Dorenkemper House and national register site designation for the
Smith Douglas More House.
Council Member Nelson suggested creating a wall display of the various historic sites
similar to the one on the website to be posted in City Center.
D. HUMAN RIGHTS & DIVERSITY COMMISSION
Human Rights & Diversity Commission Chair P.G. Naryanan reviewed the
commission's 2013 activities and 2014 work plan. The commission is currently
accepting nominations for the annual Human Rights Awards, which will be presented
in May. They are partnering with Hennepin Technical College and Eden Prairie
Community Education on several programs, including a film series, a seminar on
Islamic neighbors, an anti-bullying campaign, as well as GLBT, disability in
employment, and Native American heritage awareness months. The commission is
working with City staff on incorporating diversity in the City's welcome packet for
new residents. They also want to make sure the welcome packet is provided to new
renters as well as new home owners. The commission also plans to hold another
Town Hall Meeting for the international community.
E. PARKS, RECREATION & NATURAL RESOURCES COMMISSION
Parks, Recreation &Natural Resources Commission Vice Chair Larry Link reviewed
the commission's 2013 activities and 2014 work plan. In 2013, the commission
provided input on the proposed aquatic facility upgrades, and reviewed updates to the
City's geocaching procedures and the trail conditions report. They also met with the
Heritage Preservation Commission regarding the historical overlook on Flying Cloud
Drive. In 2014, the commission will participate in development of the bicycle and
pedestrian master plan and the Cedar Hills Park concept plan. They will continue to
monitor and provide input on the aquatic facility upgrades, review the deer
management program, and receive updates on special events and SWLRT station area
planning.
Council Member Nelson asked why no arts-related items are on the Commissions list
of 2013 activities. Lotthammer said staff regularly provides updates on special events
and theatre events.
City Council Workshop Minutes
January 21, 2014
Page 3
Open Podium - Council Chamber
II. OPEN PODIUM
A. STEVE MARX—VENDING CONTRACT
Steve Marx, Royal Vending, said his company has provided vending machines for
City buildings through a contract with Sky Food Caterers. In December, he was
informed by Facilities Manager Paul Sticha that the City intended to start to
contract directly for vending services, and was asked to submit a bid. Marx said
he was later informed the City had chosen another vendor to provide these
services. Marx said he has concerns about the recommended vendor, Gagauz
Vending, because they work out of a private home in Shakopee and do not have a
license through Hennepin County.
B. ROGER HARO—BEE KEEPING
Haro said he has concerns about the proposed Ordinance that will allow bee
keeping in residential districts. He said he is allergic to bee venom and does not
want to live next to a property with bee hives. He also said fecal matter from bees
is dangerous when it gets smeared on car windshields.
III. ADJOURNMENT
ITEM NO.: VI.B.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, JANUARY 21, 2014 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad
Aho, Sherry Butcher Wickstrom, Ron Case, and
Kathy Nelson
CITY STAFF: City Manager Rick Getschow, Public Works Director
Robert Ellis, Community Development Director Janet
Jeremiah, Parks and Recreation Director Jay
Lotthammer, City Attorney Ric Rosow, and Council
Recorder Jan Curielli
I. ROLL CALL/CALL THE MEETING TO ORDER
Mayor Tyra-Lukens called the meeting to order at 7:00 PM. All Council Members were
present.
II. PLEDGE OF ALLEGIANCE
III. COUNCIL FORUM INVITATION
IV. PROCLAMATIONS /PRESENTATIONS
A. DR. MARTIN LUTHER KING, JR., PROCLAMATION
Mayor Tyra-Lukens read a proclamation proclaiming 2014 as a year to celebrate
human rights and diversity and to celebrate Dr. Martin Luther King, Jr.'s dream.
PG Narayanan, Chair of the Human Rights & Diversity Commission, announced
the start of the Human Rights Award process. The award recognizes individuals,
youths, businesses and non-profit organizations that work to create an inclusive
community spirit. The award will be presented to the winners at the City Council
meeting in April.
Tyra-Lukens asked if information about the award is posted on the City website.
Mr. Narayanan said it is.
B. EDEN PRAIRIE LIONESS DONATION FOR SENIOR CENTER
(Resolution No. 2014-17)
Lotthammer said the City of Eden Prairie recently received a check in the amount
of$500 on behalf of the Eden Prairie Lioness to be used towards the purchase of
an IPod device to be used to play music at special events and a camera for the
Senior Center.
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January 21,2014
Page 2
MOTION: Aho moved, seconded by Butcher Wickstrom, to adopt Resolution No.
2014-17 accepting the donation in the amount of$500 from the Eden Prairie
Lioness to be used toward the purchase of an IPod device and camera for the
Senior Center. Motion carried 5-0.
C. EDEN PRAIRIE LIONESS DONATION FOR SAFETY CAMP (Resolution
No. 2014-18)
Lotthammer said the City of Eden Prairie offers several youth camps each year,
including Safety Camp. Monetary donations provide a quality safety educational
opportunity for youth entering 3rd grade. In addition, the contributions offset the
overall camp costs and allow us to keep the registration fees affordable. The Eden
Prairie Lioness have been frequent contributors to the program and have given a
$750 donation.
MOTION: Nelson moved, seconded by Case, to adopt Resolution No. 2014-18
accepting the $750 donation from the Eden Prairie Lioness for the annual Safety
Camp. Motion carried 5-0.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the agenda as
published. Motion carried 5-0.
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, JANUARY 7, 2014
MOTION: Aho moved, seconded by Case, to approve the minutes of the Council
workshop held Tuesday, January 7, 2014, as published. Motion carried 4-0-1,with
Nelson abstaining.
B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 7, 2014
MOTION: Case moved, seconded by Nelson, to approve the minutes of the City
Council meeting held Tuesday, January 7, 2014, as published. Motion carried 5-0.
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. ADOPT RESOLUTION NO. 2014-19 APPROVING PLANS AND
SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR
THE SOUTHERN SEGMENT OF THE SHADY OAK ROAD
IMPROVEMENTS
CITY COUNCIL MINUTES
January 21,2014
Page 3
C. ADOPT RESOLUTION NO. 2014-20 AUTHORIZING EXECUTION OF
LIMITED USE PERMIT FOR TRAIL PURPOSES WITH MNDOT
D. AWARD THE CONTRACT FOR VENDING MACHINE SERVICE IN
CITY OWNED BUILDINGS TO GAGAUZ VENDING CORPORATION
Tyra-Lukens said Item B of the Consent Calendar should be pulled out and
considered separately. Case said he would recuse himself from voting on Item B.
MOTION: Aho moved, seconded by Nelson, to approve Items A, C and D of the
Consent Calendar. Motion carried 5-0.
MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve Item B of
the Consent Calendar. Motion carried 4-0-1,with Case abstaining.
IX. PUBLIC HEARINGS/MEETINGS
A. BLUFFS WEST 13TH ADDITION by Lake West Development, LLC. Request
for: Preliminary Plat of 1.33 acres into 4 lots. Location: 11480 Riverview Road
(Resolution No. 2014-21 for Preliminary Plat)
Getschow said official notice of this public hearing was published in the January 9,
2014,Eden Prairie News and sent to 81 property owners. The Planning Commission
voted 6-0 to recommend approval of the project at the November 25, 2013, meeting.
This project is a subdivision of 1.33 acres into four single family lots. The project
conforms to the requirements of the R1-13.5 Zoning District, and there are no
requests for waivers or variances for the project.
Chet Baker, 11544 Landing Road, said he lives across from the Bluffs West
property. He attended the Planning Commission meeting and brought up a number
of concerns. He was concerned that the current setback of the Brown farmhouse is
51 feet from Riverview Road so it is barely visible from his property. The Bluffs
West 13th Addition will have minimum setbacks of 30 feet which he believes will
encroach on the privacy he has in his backyard. He said there is also a lot for sale to
the east side of his home. If that lot were to be developed, his house would be
bordered by seven homes. He showed several slides of his home with views of
surrounding properties.
Tyra-Lukens asked about the location of his property. Mr. Baker said he is across
Riverview Road on Landing Road. He would like to retain as much privacy and
salability of his house as possible and would like the developer to continue to
discuss his concerns.
Case said he walked the property with Mr. Baker recently. He agreed with Mr.
Baker that the property to the east has the greatest potential of impact to the Baker
property, but he questioned the concern for houses across the road. He said we try to
match surrounding properties for infill projects like this, and the neighbors to the
CITY COUNCIL MINUTES
January 21,2014
Page 4
west on Riverview Road match the 30 foot setbacks required for this project. He
noted a property owner has a right to actualize the potential of his property, and that
is what we are permitting here. He thought this project matches what is in the
neighborhood.
Mr. Baker said his home is located in somewhat of a depression, and his concern is
more that he will be surrounded on all sides by homes. Case thought there might be
bigger concern that Mr. Baker's house might block the view-shed of some homes in
the area,but he understood Mr. Baker's concern about houses surrounding his
property. He noted Mr. Baker has a wonderful, long lot with a lot of neighbors.
Tyra-Lukens asked proponent to discuss the screening planned for the project. Curt
Fretham, representing Lake West Development, said there is a landscaping and tree
planting requirement for the project, and they are planning to do what is required.
Jeremiah showed the project plans that indicated proposed tree plantings along
Riverview Road. Case asked if they plan to save any of the mature trees on the
property. Jeremiah said she understood the trees existing along the perimeter of the
project are to be saved as well as the landscaping along the edge of the property.
Tyra-Lukens asked about the sizable tree by the farm house. Case thought there are
a couple of large trees along the driveway between Lots 2 and 3.
Case said, from an historical perspective, the Brown homestead has been drastically
redone in size and at one time was made up of 100's of acres. The house dates back
into the 1880's, and the Brown family goes back to the 1850's. It would be good if
someone could document the house, although he did not know that there is anything
of great historical significance there. There may also be areas that have significance
for native Americans. The State law governs some of that,but staff should be
sensitive to those issues as development begins. Getschow said Mr. Gertz would be
documenting the site, and there has already been an initial review.
Aho thought Council Member Case alluded to the fact that, if a plan comes to us and
meets all the zoning and setback requirements, there is not much the Council can do
except to encourage the developer to continue to work with the neighbors to make
sure the resulting development is done in such a way that it makes everyone okay
with the development.
MOTION: Butcher Wickstrom moved, seconded by Case, to close the public
hearing, to adopt Resolution No. 2014-21 for Preliminary Plat on 1.33 acres into 4
lots, and to direct staff to prepare a Development Agreement incorporating staff
and commission recommendations and Council conditions. Motion carried 5-0.
B. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER
11, SECTION 11.06,RELATING TO SCREENING OF GROUND BASED
TELECOMMUNICATIONS EQUIPMENT IN PUBLIC RIGHT-OF-WAY
Getschow said last year we were approached by a resident who was concerned about
screening of telecommunication equipment. At that point we realized the City does
not have a lot of code that addresses the issue. Staff worked with the Planning
CITY COUNCIL MINUTES
January 21,2014
Page 5
Commission to come up with some regulation for the screening of
telecommunication equipment. After discussing several options for screening, they
decided that metal cabinets would be the recommended screening solution. They
were able to inventory five instances of this type of equipment in the City. We
differentiate between private and public property and discussed having private
property also meet some of the requirements. The company that was involved with
the resident's concern has agreed to properly screen their equipment. This ordinance
might be used to deal with future instances of similar concerns.
Tyra-Lukens asked what happens with existing equipment. Getschow said he did not
believe the code is retroactive; however, in many cases there is additional equipment
introduced to the structure that would be subject to the code. Case asked if the
equipment would be subject to regulation if there is an alteration to the equipment.
Getschow said he believed that was correct.
Case said he wanted us to have leverage so people are protected, although he was
also concerned we don't become so regulatory it drives the companies onto private
property. Getschow thought we are sitting on very common ground with other
communities. We learned we were one of the few communities that did not yet have
requirements for screening, and other communities have not encountered any
resistance to this type of ordinance. Case noted there would be a cost savings to the
companies to use our utility poles.
Tyra-Lukens asked if they must have screening on private property now. Getschow
said telecommunications mechanical equipment on private property is required to
meet the same screening requirements for heating and air conditioning units.
Basil Wissner, 8293 Mitchell Road, asked what the screening looks like. Getschow
said it will be metal cabinets. Case noted the metal cabinet would be far superior to
what we are trying to mitigate. Mr. Wissner noted most of the metal cabinets are not
stable. Jeremiah said the metal cabinets would be similar to what we currently have
for traffic signals. We try to make it blend in with what is there. There are quite a
few of the cabinets in the City, and they seem to become part of the roadway
landscape.
Aho noted some cities in the Twin Cities area have decorated cabinets to make them
blend in.
MOTION: Case moved, seconded by Nelson, to close the public hearing and to
approve first reading of the ordinance amending Chapter 11 relating to screening
of telecommunications mechanical equipment. Motion carried 5-0.
C. FIRST AND SECOND READINGS OF ORDINANCE 1-2014 AMENDING
THE FAIRWAY WOODS II CONDOMINIUM ASSOCIATION HOUSING
IMPROVEMENT AREA ORDINANCE AND RESOLUTION NO. 2014-22
APPROVING PUBLICATION OF SUMMARY ORDINANCE
Getschow said staff is bringing this back as a cleanup item. Last year we established
CITY COUNCIL MINUTES
January 21,2014
Page 6
the first Housing Improvement Area in Eden Prairie at the Fairway Woods II
Condominium Association. When the association met and the residents discussed
the exact improvements they wanted, there were slight changes to the list of housing
improvements we had included in the list. The City Attorney recommended we
come back for first and second reading again and that we keep it as general as
possible so we don't need to come back.
Case said he could not recall ever doing a first and second reading in the same
motion. Rosow said he has had conversations with staff about ways to make the
process run more smoothly and this was one of his suggestions. It is a matter of
logistics.
There were no comments from the audience.
MOTION: Aho moved, seconded by Butcher Wickstrom, to close the public
hearing and to approve the first and second readings of Ordinance No. 1-2014
amending the Fairway Woods II Condominium Association Housing Improvement
Area Ordinance No. 18-2013 pursuant to Minnesota Statutes 428A.11 to 428A.21
and to adopt Resolution No. 2014-22 approving publication of summary
ordinance. Motion carried 5-0.
X. PAYMENT OF CLAIMS
MOTION: Case moved, seconded by Butcher Wickstrom, to approve the payment of
claims as submitted. Motion was approved on a roll call vote,with Aho,Butcher
Wickstrom, Case,Nelson, and Tyra-Lukens voting "aye."
XI. ORDINANCES AND RESOLUTIONS
A. SECOND READING OF ORDINANCE NO. 2-2014 AMENDING CITY CODE
CHAPTER 9, RELATING TO THE KEEPING OF HONEY BEES AND
RESOLUTION NO. 2014-23 APPROVING PUBLICATION OF SUMMARY
ORDINANCE
Getschow said generally second reading of an ordinance is placed on the Consent
Calendar, but the first reading of this ordinance was passed on a 4-1 vote. There is
a clarification of the notification requirement such that a notification to adjoining
property owners would be triggered when someone wants to register to be a
beekeeper. There will also be a process for appeal and a possible hearing before
the Police Department and the City Manager. There was a concern expressed at
Open Podium tonight about the issue. He thought we now have a process that
should keep the bee keeping action from affecting neighbors in an adverse way
with this code in place. He believed the setback requirement, the requirement for a
water source, and requiring a flyway barrier would help. They looked at many
other cities to see if there had been problems with residential beekeeping. Staff
will eyes and ears open for any concerns,but we think the mechanisms are in
place so there should not be a threat to neighboring properties.
CITY COUNCIL MINUTES
January 21,2014
Page 7
Nelson said at one time we had talked about not having beekeeping in zero-lot line
properties. She assumed from the language in the code we are now allowing
beekeeping on zero-lot line properties. Rosow said there is not a restriction based
on the lot lines; however, there are restrictions in the ordinance based on the
number of hives allowed per lot. A one-half acre or smaller lot can have two
colonies. Nelson asked if there is a limit to how many individual lots in a
neighborhood can have bee hives. Rosow said there are no neighborhood
restrictions. The lot size limits the number of colonies and there are setback
requirements for each particular lot.
Tyra-Lukens asked if those type of lots would be subject to homeowners
association rules. Nelson asked if homeowner associations have the right to not
allow bee hives. Rosow said they do, and it would be similar to the restrictions
that many associations have on animals or pets.
Butcher Wickstrom asked if there is something we can do to review the ordinance
annually if we pass it tonight. Getschow said the Council had a discussion on
kennel ordinances. Since this ordinance is new, we can keep track of the number
of registrations and check back with the Council. Butcher Wickstrom said she has
not received a lot of concern from residents about this but those who have
contacted her feel very passionately about the subject. She would like to have a
way to review it at some time in the future.
Case said he agreed with that. He did not know of any city in the State of
Minnesota that enacted an ordinance like this and then, after a number of years,
reversed it. He was comfortable with the fact we can look at it again and could
reverse ourselves on it. He noted we have had bees crossing over from
Minnetonka and have not had a complaint, so he was not anticipating any
problems. Getschow said the person who came to the City Council about this was
hoping to have bees because several surrounding cities have this.
Aho thought we do not have to repeal the ordinance if there is an issue, rather we
can adjust it as necessary. Rosow said it is more appropriate to think of it in terms
of adjustments to the ordinance. It is similar to the dog ordinance, but we don't
have the setback requirement for the dogs. Case noted he liked the concept of
adjustments.
MOTION: Case moved, seconded by Butcher Wickstrom, to approve the second
reading of Ordinance No. 2-2014 amending City Code Chapter 9 by adding
Section 9.73 requiring registration and establishing regulations relating to the
keeping of honey bees in the City and adopt Resolution No. 2014-23 approving
the Summary for Publication. Motion carried 4-1,with Nelson opposed.
XII. PETITIONS,REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
CITY COUNCIL MINUTES
January 21,2014
Page 8
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
MOTION: Butcher Wickstrom moved, seconded by Case, to adjourn the meeting.
Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 7:53 PM.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar February 18, 2014
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A.
Christy Weigel, Clerk's License Application List
Police/ Support Unit
These licenses have been approved by the department heads responsible for the licensed activity.
Requested Action
Motion: Approve the licenses listed below
Temporary Liquor 2014 Renewal Licenses
Organization: Eden Prairie Lions Club
Event: Schooner Days Commercial Kennel
Date: May 30—June 1, 2014 PetSmart, Inc #458
Place: Round Lake Park& EP Community DBA: PetsHotel
Center
Wag `n Woofs, LLC
Temporary Beer DBA: Wag `n Woofs
Organization: Eden Prairie Lions Club
Event: 4th of July
Date: July 3-4, 2014 Private Kennel
Place: Round Lake Park
Ken& Becky Beiersdorf
Temporary Beer Nancy Parker
Organization: Eden Prairie Lions Club
Event: Corn Feed Shawn&Kathy Meyer
Date: August 2, 2014 Ernie Johnson &Jane Lumsden
Place: Round Lake Park
Susan Weyrauch
New Liquor License -On-Sale & Sunday Debra Wegler
Liquor (change from On-Sale Wine with
Strong Beer & 3.2 Beer) Kurtis &Melanie Humfeld
JJ's Coffee Company, LLC
DBA: JJ's Coffee & Wine Bar
7942 Mitchell Road
- 1 -
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda February 18, 2013
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B.
Community Development/Planning Bluffs West 13th Addition
Janet Jeremiah/
Requested Action
Move to:
• Approve the Development Agreement for Bluffs West 13th Addition.
Background Information
This is the final approval of the development agreement and plans for a 4 lot single family
subdivision.
The 120-Day Review Period Expires on February 25, 2014.
Attachment
Development Agreement
DEVELOPMENT AGREEMENT
BLUFFS WEST 13TH ADDITION
THIS DEVELOPMENT AGREEMENT("Agreement")is entered into as of February 18,
2014,by Lake West Development,LLC, a Minnesotalimited liability company hereinafter referred
to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal
corporation, hereinafter referred to as "City":
WITNESSETH:
WHEREAS, Developer has applied to City for Preliminary Plat of 1.33 acres into 4 lots,
legally described on Exhibit A (the "Property");
WHEREAS,Developer and City entered into that certain Developrant Agreement between
the parties as of August 2, 1977, pertaining to the Property ("Original Development Agreement").
NOW,THEREFORE,in consideration of the City adopting Resolution No. for
Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows:
1. PLANS: Developer shall develop the Property in conformance with the materials revised
and stamp dated January 7, 2014 reviewed aid approved by the City Council on January 21,
2014, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and
modifications as provided herein.
2. EXHIBIT C: Developer agrees to the term s, covenants, agreements, and conditions set
forth in Exhibit C.
3. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a
violation of City Code relating to use ofthe Land construction thereon or failure to fulfill an
obligation imposed upon the Developer pursuant to this Agreennnt,City shall give 24 hour
notice of such violation in order to allow a cure of such violation,provided however, City
need not issue a building or occupancy permit for construction or occupancy on the Land
while such a violation is continuing, unless waived by City.
The existence of a violation of City Code or the failure to perform or fulfill an obligation
required by this Agreement shall be determined solely and conclusively by the City Manager
of the City or a designee.
4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall
release,defend and indemnify City, its electedand appointed officials,employees and agents
from and against any and all claims, demands, lawsuits, complaints, loss, costs (including
attorneys' fees), dam ages and injunctions re lating to any acts, f ailures to act, errors,
omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers
and agents. Developer shall not be released fromits responsibilities to release, defend and
indemnify because of any inspection, review or approval by City.
5. EXISTING DEVELOPMENT AGREEMENT: This Developm ent Agreement shall
supersede the original Development Agreement dated August 2, 1977.
6. FINAL PLAT: The final plat of the Property shall be recorded with the Hennepin County
Recorder or Registrar of Titles, as applicablewithin 90 days ofapproval by the City Council
or within 2 years of approval of the Prelinnnary Plat,whichever occurs first. If the fiat plat
is not filed within the specified tine,the City Council may,upon ten days written notice, to
the Developer, consider a resolution revoking the approval.
7. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION
PLANS:
A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading
and drainage plan contained in the Plans isconceptual. Prior to the release of a land
alteration permit for the Property, Devel oper shall subm it and obtain the City
Engineer's written approval of a final grading and drainage plan for the Property.
The final grading and drainage plan shal include all wetland information,including
wetland boundaries, wetland buffer strips and wetland buffer monument locations;
all Stormwater Facilities, such as water quality ponding areas, stornavater detention
areas, and storm water infiltration systems; and any other item s required by the
application for and release of a land alte ration permit. All design calculations for
storm water quality and quantity together with a drainage area m ap shall be
submitted with the final grading and drainage plan. Prior to release of the grading
bond, Developer shall certify to the City that the Stormwater Facilities conform to
the final grading plan and that the Stormwater Facilities are f unctioning in
accordance with the approved plans.
Developer shall employ the design professional who prepared the final grading plan.
The design professional shall rmnitor construction for conformance to the approved
final grading plan and Stormwater Pollution Prevention Plan (SWPPP). The design
professional shall provide a final report to the City certifying completion of the
grading in conformance the approved final grading plan and SWPPP. In addition,
the design professional retained by the Developer to perform the monitoring of the
Project shall be responsible for all m onitoring, data entry and reporting to the
PermiTrack ESC web-based erosion and sediment permit tracking program utilized
by the City.
B. STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities,
including detention basins, retention basins, "Stormwater Infiltration"or"Filtration
Systems"(such as rainwatergardens,vegetated swales, infiltration basins,vegetated
filters, filter strips, curbless parking lot islands, parking lot islands with curb-cuts,
traffic islands, tree box filters, bioretenti on systems or infiltration trenches) or
"Underground Systems" (such as m edia filters, underground sand filters,
underground vaults, sedimentation chambers,underground infiltration systems,pre-
manufactured pipes, m odular structures or hydrodynam is separators) shall be
maintained by the Developer during construction and for a minimum of two (2) full
growing seasons after completion of the development to ensure that soil compaction,
erosion, clogging, vegetation loss, channelization of flow or accum ulation of
sediment are not occurring, and thereafterby the Owner of the Property. Planting and
Maintenance Plans for the Stormwater Facilities (where appropriate)to ensure that
the Stormwater Facilities continue to f unction as designed in perpetuity m ust be
submitted prior to release of the first building permit for the Development
Developer shall employ the design professional who prepared the final grading plan
to monitor construction of the Storm water Facilities f or conformance to the
Minnesota Pollution Control Agency publication entitled"State ofMinnesota Storm
Water Manual" dated Novem ber 2005, the approved final grading plan and the
requirements listed herein. All inspections of underground system s shall be
performed by personnel that have approved OSHA confined space training.
Maintenance techniques must be used during construction to protect the infiltration
capacity of all Stormwater Infiltration Systems by limiting soil compaction to the
greatest extent possible. This must include delineation of the proposed infiltration
system with erosion control fencing prio r to construction; installation of the
infiltration system using low-impact earth moving equipment; and not allowing
equipment,vehicles, supplies or other materials to be stored or allowed in the areas
designated for stormwater infiltration during construction.
In areas of structural infiltration Developer shall prior to construction of the
infiltration system provide a plan that addresses: (i) construction m anagement
practices to assure the inf iltration system will be functional; (ii), erosion control
measures; (iii) inf iltration capacity; (iv)perf ormance specifications that the
completed infiltration system must meet to be considered functional by City and(v)
corrective actions that will be taken if the infiltration system does not m eet the
performance specification.
All Stormwater Infiltration Systems must be inspected prior to f inal grading to
ensure that the area is infiltrating as proposed and to determ Me if corrective
measures are required to allow infiltration as proposed.
Field verification of post-construction infiltration rates must be provided to the City
within 30 days after the first rainfall event of 1/2 inch or greater after the Stormwater
Infiltration Systems become operational. If infiltration rates are reduced a plan to
restore adequate infiltration must be provided within 90-days ofthe field verification
test. The work required to bring the St ormwater Infiltration System back into
compliance be implemented within 60 days of City approval of the plan. Pervious
surfaces shall be stabilized with seed and mulch or sod and all impervious surfaces
must be completed prior to final grading and planting of the Stormwater Infiltration
Systems.
Stormwater Infiltration System s that are constructed under a building shall be
designed for maintenance access and installed in conformance with the standards
outlined in The Minnesota Stormwater Manual(November 2005) and/or the Plans.
The System shall be kept of-line until construction is complete. Field verification of
post-construction infiltration rates must be provided to the City within 30 days afer
the first rainfall event of one-half inch or greater f ollowing the Storm Water
Infiltration Systems becoming operational. If the infiltration rates are reduced by
construction,a plan to restore adequate infiltration rust be provided within 90-days
of the field test
C. STORMWATER FACILITY INSPECTION AND MAINTENANCE: A
Stormwater Maintenance Plan must be provided for operation and maintenance of all
Stormwater Facilities to ensure they continue to function as designed in perpetuity
prior to issuance of the Land Alteration Permit. The Stormwater Maintenance Plan
must identify and protect the design, capac ity and functionality of all Storm water
Facilities. The Maintenance Plan m ust contain at a m inimum: the party(s)
responsible for maintenance; access plans; inspection frequency; methods used for
field verification of infiltration for Stormwater Infiltration Systems;routine and non-
routine inspection procedures; sweeping frequency for all parking and road surfaces;
plans for restoration ofreduced infiltration for Stormwater Infiltration Systems;and
plans for replacement of failed systems,all pursuant to and in accordance with Eden
Prairie City Code Section 11.55, Subd. 8.
During construction and for two years fo llowing completion of construction, all
Stormwater Facilities shall be inspected ata minimum of once annually to determine
if the Stormwater Facility(s) is treating storm water as designed and should occur
within 72-hours after a rainfall event of one-inh or greater to verify infiltration. All
Stormwater Facilities shall be kept fee of debris, litter, invasive plants and sedinent.
Erosion impairing the function or integrity of the Stormwater Facilities, if any, must
be corrected and any structural dam age impairing or threatening to im pair the
function of the Stormwater Facilities must be repaired. The following criteria must
be included in the inspection:
• A storage treatment basin (including retention and detention basins) shall be
considered inadequate if sediment has decreased the wet storage volume by
50 percent or dry storage volune by 25 percent of its original design volune.
• A Stormwater Infiltration System shall be considered inadequate if sediment
has accumulated that impairs or has the potential to im pair infiltration of
stormwater.
• An underground storage chamber shall be considered inadequate if sediment
has decreased the storage volume by 50 percent of its original design volum.
Based on this inspection, if a Stormwater Facility requires cleanout, the Stormwater
Facility shall be restored to its original design and/or the infltration capacity of the
underlying soils must be restored and any surface disturbance m ust be stabilized
within one year of the inspection date.
Sediment, debris, litter or vegetation rem oval in Stormwater Infiltration Systems
shall be by hand or with a flat-bottom ed shovel or rake during dry periods. Only
enough sediment shall be removed as needed to restore hydraulic capacity,leaving as
much of the vegetation in place as possible.Any damaged turf or vegetation shall be
reseeded or replaced.
After the two year period of maintenance,the Owner of the Property shall continue
to be responsible for maintenance of the Stormwater Facilities. This shall include
inspections at a minimum of once per every five years. Regular maintenance shall be
conducted and must include regular sweeping ofprivate streets, parking lots or drive
aisles at a minimum of once per year; debris and litter removal;removal of noxious
and invasive plants; removal of dead and diseased plants; maintenance of approved
vegetation; re-mulching of void areas; replanting or reseeding areas where dead or
diseased plants were removed;and removal of sediment build-up. Sediment build-up
in above-ground Stormwater Infiltration or Filtration Systems shall be removed by
hand. Areas above Underground Systens shall be kept free of structures that would
limit access to the System for inspections, maintenance or replacement.
D. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to
issuance of a land alteration pernit,Developer shall submit to the City Engineer and
obtain City Engineer's written approval of Stormwater Pollution Prevention Plan
(SWPPP) for the Property. The SWPPP shall include all boundary erosion control
features, temporary stockpile locations, turf restoration procedures, concrete truck
washout areas and any other best m anagement practices to be utilized within the
Project. Prior to release of the grading bond, Developer shall com plete
implementation of the approved SWPPP.
8. GRADING IN THE WOODED AREAS ON SITE: Prior to grading within any of the
wooded areas on the Property, delineated on Exhibit B, Developer shall submit to the City
Forester and receive the City Forester's written approval of a plan depicting construction
grading limits on the Property. Dior to the issuance ofany land alteration permit,Developer
shall place a construction fence on the approvecbonstruction grading limits. Developer shall
notify the City and watershed district 48 hours iradvance ofgrading so that the construction
limit fence may be field inspected and approved by the City Engineer and City Forester.
Developer shall maintain the construction limit fence until written approval is granted by the
City to remove the fence.
9. OWNER'S SUPPLEMENT TO DEVELOPMENT AGREEMENT: The Owner's
Supplements to this Agreement executed by and between the City of Eden Prairie and the
following are attached hereto and made a part hereof.
A. Robert T. Brown, Trustee of the Robert T. Brown Trust dated January 12, 2001
10. PERFORMANCE STANDARDS: Developer agrees that the Property will be operated in a
manner meeting all applicable noise, vibration,dust and dirt, smoke,odor and glare laws and
regulations. Developer further agrees that the facility upon the Property shall be operated so
noise, vibration, dust and dirt, sm oke, odor and glare do not go beyond the Property
boundary lines.
11. REMOVAL/SEALING OF EXISTING WELL AND SEPTIC SYSTEMS: Prior to
issuance by City of any perm it for grading or building on the Property, Developer shall
submit to the Chief Building Official and to obtain the Chief Building Official's written
approval of plans for demolition and removal of existing septic systems and wells on the
Property, and restoration of the Property.
Prior to issuance by City of any permit for grading or building on the Property, Developer
shall complete the demolition and rem oval of existing septic system s and wells on the
Property and restore the Property.
Prior to such demolition or removal, Developer shall provide to the City a deposit in the
amount of$1,000.00 to guarantee that Developercompletes implementation of the approved
plan. The city shall return to Develope r the $1,000.00 deposit at such tim e as the Chief
Building Official has verified in writing thatthe Developer has completed implementation of
the approved plan.
12. RETAINING WALLS: Prior to issuance by the City of any perm it for grading or
construction on the Property, Developer shall submit to the Chief Building Official, and
obtain the ChiefBuilding Official's written approval of detailed plans for the retaining walls
identified on the grading plan in the Plans.
These plans shall include details with respect tothe height, type of materials,and method of
construction to be used for the retaining walls.
Developer shall complete implementation of the approved retaining wall plan in accordance
with the term s and conditions of Exhibit C, attached hereto,prior to issuance of any
occupancy permit for the Property.
All maintenance and repair of all retaining walls on the Property shall be the responsibility
of the Developer, its successors and assigns.
13. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of the final plat for the
Property,an assessment agreement,in the formand substance as attached in Exhibit D, shall
be signed by the owner(s) of the Property with the City for trunk sewer and water
assessments on an assessable area of 1.333 acres in the amount of$9,717.57.
14. CONNECTION FEES: Prior to the release of a finalplat for any portion of the Property,
Developer shall pay connection fees for sanitary sewer and water ruin in the total ammunt of
$38,130 for two new sets of services. Two sets of services are in place.
15. SANITARY SEWER AND WATER SERVICES: Prior to installation ofsewer and water
services for the Property, Developer shall subm it to the City Engineer a perm it for the
installation of sanitary sewer and water servi ce improvements. Prior to the release of a
permit for the installation of the services, Developer shall furnish to the City Engineer and
receive the City Engineer's written approvalof a surety equal to $10,000 ($5,000 per set of
services) for the installation of the two sets of services and restoration of the city streets.
The services shall be installed and the street retored to the satisfaction of the City engineer
prior to the release of said surety.
16. TREE LOSS - TREE REPLACEMENT: There are 613 diameter inches of significant
trees on the Property. Tree loss related to development on the Property is calculated at 225.5
diameter inches. Tree replacement required is 111 caliper inches. Prior to the issuance of
any grading permit for the Property, Developer shall subnit to the City Forester and receive
the City Forester's written approval of a tree replacement plan for 111 caliper inches.
This approved plan shall include replacement trees of a 3-inch dianmter minimum size for a
shade tree and a 7-foot m inimum height for c onifer trees. The approved plan shall also
provide that, should actual tree loss exceed that calculated herein, Developer shall provide
tree replacement on a caliper inch per caliper inch basis for such excess loss.
Prior to issuance of any grading permit for the Property,Developer shall furnish to the City
Planner and receive the City Planner's appoval of a tree replacerrmnt bond equal to 150% of
the cost of said improvements as required by City Code.
Developer shall complete implementation of the approved tree replacement plan prior to
occupancy permit issuance.
IN WITNESS WHEREOF,the parties to this Agreemmnt have caused these presents to be
executed as of the day and year aforesaid.
CITY OF EDEN PRAIRIE
By
Nancy Tyra-Lukens
Its Mayor
By
Rick Getschow
Its City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of , 2014,
by Nancy Tyra-Lukens and Rick Getschow, respectively the Mayor and the City Manager of the
City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation.
Notary Public
Lake West Development, LLC
By
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of , 20l 4, by
, the , of
, a , on behalf of the company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55344
EXHIBIT A
DEVELOPMENT AGREEMENT -BLUFFS WEST 13TH ADDITION
Legal Description Before Final Plat:
Outlot L, Bluffs West, Hennepin County, Minnesota.
Legal Description After Final Plat
Lots 1 —4, Block 1, Bluffs West 13th Addition, Hennepin County, Minnesota.
EXHIBIT B
DEVELOPMENT AGREEMENT - BLUFFS WEST 13TH ADDITION
Cover Sheet/Site Plan dated 01/02/14 by Hedlund Engineering
Preliminary Plat dated 01/02/14 by Hedlund Engineering
Utility Sheet dated 01/02/14 by Hedlund Engineering
Existing Conditions dated 01/02/14 by Hedlund Engineering
Landscape Plan dated 01/02/14 by Hedlund Engineering
Grading/Erosion Control Plan dated 01/02/14 by Hedlund Engineering
EXHIBIT C
DEVELOPMENT AGREEMENT—BLUFFS WEST 13TH ADDITION
I. Prior to release of any building perm it, Developer shall submit to the City Engineer f or
approval two copies of a development plan(1" =100'scale) showing existing and proposed
contours,proposed streets, and lot arrangements and size,minimum floor elevations on each
lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100-
year flood plain contours, ponding areas, tributar y areas to catch basins, arrows showing
direction of storm water flow onall lots,location of walks, trails, and any property deeded to
the City.
II. Developer shall submit detailed construction and storm sewer plans to the Watershed District
for review and approval. Developer shall follow all rules and recom mendations of said
Watershed District.
III. Developer shall pay cash park fees as tall of the Property required by City Code in effect as
of the date of the issuance of each building permit for construction on the Property.
IV. If Developer fails to proceed in accordance with this Agreement within twenty-four(24)
months of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose
the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide
Plan review approved in connection with this Agreement, thus restoring the status of the
Property before the Development Agreement and all approvals listed above were approved.
V. Provisions of this Agreement shall be binding upon and enforceable against the Property and
the Owners, their successors and assigns of the Property.
VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the
City as its attorney-in-f act for the sole pur pose and right to am end Exhibit A hereto to
identify the legal description of the Property after platting thereof.
VII. Developer represents that it has marketable fee title to the Property, except:
Robert T. Brown, Trustee of the Robert T. Brown Trust dated January 12, 2001
With respect to any interest in all portions of the Property which Developer is required,
pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"),
Developer represents and warrants as follows now and at the tim e of dedication or
conveyance:
A. That Developer has marketable fee title free and clear of all mortgages, liens, and
other encumbrances. Prior to final plat g)proval,Developer shall provide to the City
a current title insurance policy insuring such a condition of title.
B. That Developer has not used, em ployed, deposited, stored, disposed of, placed or
otherwise allowed to come in or on the Dedicated Property,any hazardous substance,
hazardous waste, pollutant, or contam inant, including, but not lim ited to, those
defined in or pursuant to 42 U.S.C. §9601,et. seq., or Minn. Sit., Sec. 115B.01, et.
seq. (such substances,wastes, pollutants, and contaminants hereafter referred to as
"Hazardous Substances");
C. That Developer has not allowed any other person to use, em ploy, deposit, store,
dispose of,place or otherwise have, in oron the Property, anyHazardous Substances.
D. That no previous owner, operator or possessor of the Property deposited, stored,
disposed of,placed or otherwise allo wed in or on the Property any hazardous
substances.
Developer agrees to indemnify, defend and hold harmless City, its successors and assigns,
against any and all loss, costs, danige and expense,including reasonable attorneys fees and
costs that the City incurs b ecause of the breach of any of the above representations or
warranties and/or resulting from or due to the release or threatened release of Hazardous
Substances which were, or are claimed or alleged to have been, used, employed, deposited,
stored, disposed of,placed, or otherwise locat ed or allowed to be located, in or on the
Dedicated Property by Developer, its employees, agents, contractors or representatives.
VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11,
Zoning,and Chapter 12, Subdivision Regulations, ofihe City Code and other applicable City
ordinances affecting the developm ent of the Property. Developer agrees to develop the
Property in accordance with the requirements of all applicable City Code requirements and
City Ordinances.
IX. Prior to release ofthe final plat,Developer shall pay to City fes for the first three (3)years'
street lighting on the public streets adjacent to the Property(including installation costs, if
any, as determined by electrical power provider), engineering review, and street signs.
X. Developer shall submit detailed water main, fire protection, and emergency vehicle access
plans to the Fire Marshal for review and approval. Developer shall f ollow all the
recommendations of the Fire Marshal.
XI. Developer acknowledges that the rights of C ity performance of obligations of Developer
contemplated in this agreement are special, unique, and of an extraordinary character, and
that, in the event that Developer violates, or fails, or refuses to perform any covenant,
condition, or provision m ade herein, City m ay be without an adequate rem edy at law.
Developer agrees, therefore, that in the eventDeveloper violates,fails, or refuses to perform
any covenant, condition, or provision m ade herein, City may, at its option, institute and
prosecute an action to specifically enforce such covenant, withhold building perm its or
rescind or revoke any approvalsgranted by the City. No remedy conferred in this agreement
is intended to be exclusive and each shall be cumulative and shall be in addition to every
other remedy. The election of anyone or rrnre remedies shall not constitute a waiver of any
other remedy.
XII. Developer shall,prior tothe commencement ofany improvements,provide written notice to
Comcast of the development contemplated by this Development Agreement. Notice shall be
sent to Comcast Cable, 9705 Data Park, Minnetonka, Minnesota 55343.
XIII. Prior to building permit issuance, all fees associated with the building permit shall be paid to
the Inspections Department,including; Building permit fee,plan check fee, State surcharge,
metro system access charge (SAC), City SA C and City water access charge (W AC), and
park dedication. Contact Metropolitan Waste Control to determine the number of SAC units.
XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans,
existing structures, wells and septic system s (if present) shall be properly abandoned or
removed as required by City ordinance and all perm its obtained through the Inspections
Department.
XV. Prior to building permit issuance, provide two copies of an approved survey or site plan(1"
= 200 scale) showing proposed building locati on and all proposed streets, with approved
street names, lot arrangements and property lines.
XVI. The City shall not issue any building permit for the construction of any building, structure,
or improvement on the Property until all require ments listed in this Exhibit C have been
satisfactorily addressed by Developer.
XVII. No failure of the City to co mply with any term, condition, covenant or agreement herein
shall subject the City to liability f or any claim for damages, costs or other f inancial or
pecuniary charges.No execution on any claim,demand,cause of action or judgnent shall be
levied upon or collected from the general credit, general fund or taxing powers of the City.
XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently
demarcate the location of the boundary of the conservation easement on each lot property
line or corner with permanent four-foot tall posts. A 2 1/2 by 6 inch sign or decal reading
"Scenic/Conservation Easement Boundary, City of Eden Prairie", will be affixed to the top
of the post.
XIX. Within 10 days of the approval of the Devebpment Agreement,the Developer shall record
the Development Agreement at the County Recorder and/or Registrar of Titles. The final
plat shall not be released until proof of fiing of the Development Agreement is submitted to
the City.
XX. The City is hereby granted the option,but not the obligation, to corn plete or cause
completion in whole or part of all of the Developer's obligations under this Agreement for
which a bond, letter of credit, cash deposit or other security(hereinafter referred to as the
"Security")is required if the Developer defaultswith respect to any tam or condition in this
Agreement for which Security is required and fails to cure such default(s) within ten(10)
days after receipt of written nctice thereof from the City; provided however if the nature of
the cure is such that it is not possible to complete the cure within ten(10) days, it shall be
sufficient if the Developer has initiated and isdiligently pursuing such cure. The Developer
acknowledges that the City does not assunc any obligations or duties of the Developer with
respect to any such contract agreements unless the City shall agree in writing to do so.
The City may draw down on or make a claim against the Security, as appropriate, upon five
(5)business days notice to the Developer,for any violation of the tern of this Agreement or
if the Security is allowed to lapse prior to theend of the required term If the obligations for
which Security is required are not completed at least thirty (30) days prior to the expiration
of the Security and if the Security has not thn been renewed,replaced or otherwise extendJl
beyond the expiration date, the City m ay also draw down or m ake a claim against the
Security as appropriate. If the Security is drawn down on or a claim is made against the
Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all
costs and expenses, including attorneys' fee, incurred by the City in enf orcing this
Agreement.
XXI. The Developer hereby grants the City, it's ag ents, employees, officers and contractors a
license to enter the Property to perfirm all work and inspections deemed appropriate by the
City in conjunction with this Agreement.
XXII. This Agreement is a contract agreement between the City and the Developer. No provision
of this Agreement inures to the benefit of any third person, including the public at large, so
as to constitute any such person as a third-part'beneficiary of the Agreement or of any one
or more of the tenth hereof, or otherwise giverise to any cause of action for any person not a
party hereto.
XXIII. Except as specifically authorized by the Directorof Public Works,no permit shall be issued
for the Property until the Developer has reco rded the final plat with Hennepin County
Recorder's Office/Registrar of Titles' Office.
EXHIBIT D
DEVELOPMENT AGREEMENT-BLUFFS WEST 13TH ADDITION
AGREEMENT REGARDING SPECIAL ASSESSMENTS
THIS IS AN AGREEMENT MADE THIS day of , 2014,between the City
of Eden Prairie, a municipal corporation, (the "City")and
a Minnesota (the "Owner").
A. The Owner holds legal and equitable title to property described as
Hennepin County, Minnesota, which property is the
subject of this Agreement and is hereinafter referred to as the "Property".
B. The Owner desires to develop the property in such a manner that relies upon the City's
trunk utility system,including trunk sanitary sewers,trunk watermains,wells,elevated storagecilities
and a water treatment plant(all of which is hereafter referred to as the "Improvement").
C. The parties hereto desire to enter into an Agreement concerning the financing of the
construction of the Improvements all of which will inure to the benefit of the Property.
AGREEMENTS
IT IS HEREBY AGREED as follows:
1. The Owner consents to the levying of assessments against the Property in the amount of
$9,717.57 for the Improvements.
2. The City's assessment records for the Property will show the assessnrnts as a"pending
assessment"until levied.
3. The Owner waives notice of any assessm ent hearing to be held at which hearing or
hearings the assessment is to be considered by the City Council and thereafter approved and levied.
4. The Owner concurs that the benefit to theProperty by virtue of the Improvements to be
constructed exceeds the amount of the assessment to be levied against the Property. The Owner waives
all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the aiiunt or validity
of the assessments, or the procedures used by the City in apportioning the assessm ents and hereby
releases the City, its officers,agents and employees from any and all liability related to or arising out of
the imposition or levying of the assessments.
5. This Agreement shall be effective immediately.
6. This Agreement may not be terminated or amended except in writing executed by
both parties hereto,provided however upon the levying of the special assessments contemplated by
Paragraph 1 hereof the City may upon request of the owner of the property affected,without the
necessity of further City Council approval,unilaterally prepare and provide to the owner for
recording a document releasing any property so levied from this Agreement.
7. This Agreement constitutes a lien on the Property in the amount of$9,717.57 until
such time as the assessments referred to above are levied.
CITY OF EDEN PRAIRIE
A Minnesota Municipal Corporation
By: NOT TO BE SIGNED
Nancy Tyra-Lukens
Its Mayor
By: NOT TO BE SIGNED
Rick Getschow,
Its City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ,2014,
by Nancy Tyra-Lukens,the Mayor,and Rck Getschow,the City Manager,of the City of Eden Prairie, a
Minnesota municipal corporation, on behalf of the corporation.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ,2014,
by the
, a Minnesota ,on behalf of the
Notary Public
OWNER
A Minnesota
By: NOT TO BE SIGNED
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ,2014,
by the
, a Minnesota ,on behalf of the .
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55344
DEVELOPMENT AGREEMENT -BLUFFS WEST 13TH ADDITION
OWNERS' SUPPLEMENT TO
DEVELOPMENT AGREEMENT BETWEEN
LAKE WEST DEVELOPMENT, LLC
AND THE CITY OF EDEN PRAIRIE
THIS AGREEMENT, made and entered into as of February 18, 2014, by and between
Robert T. Brown, trustee of the Robert T. Brown Trust dated January 12, 2001 ("Owner"), and the
CITY OF EDEN PRAIRIE ("City"):
For,and in consideration of, and to induce City to adopt Resolution No. for Preliinary
Plat,as more fully described in that certain Development Agreement entered into as of February 18, 2014,
by and between Lake W est, LLC, a Minnesota lim ited liability corn pany, and City("Developm ent
Agreement")pertaining to that certain Property described on Exhibit A hereto, Owner agrees with City as
follows:
1. If Lake West Development, LLC, fails to commence development in accordance
with the Development Agreement and fails to obtain an occupancy permit for all
of the improvements referred to in the Development Agreement within 24 months
of the date of this Owners' Supplement, Owner shall not oppose the City's
reconsideration and rescission of Resolution No. for Preliminary
Plat, identified above, thus restoring the status of the Property before the
Development Agreement and all approvals listed above were approved.
2. This Agreement and the Development Agreement shall be binding upon and
enforceable against the Property and the Owner, their successors and assigns of
the Property.
3. If Owner transfers this Property, Owner shall obtain an agreement from the
transferee requiring that such transferee agree to all of the terms, conditions and
obligations of"Developer" in the Development Agreement. Neither the Owner or
transferee are required to develop the property in accordance with this
Agreement, so long as Owner or transferee obtain such approvals as are required
by City Code to develop the Property in a manner other than as set forth in this
Agreement.
IN WITNESS WHEREOF,the parties to this AgreenEnt have caused these presents to be
executed as of the day and year aforesaid.
CITY OF EDEN PRAIRIE
By
Nancy Tyra-Lukens
Its Mayor
By
Rick Getschow
Its City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of , 2014,
by Nancy Tyra-Lukens and Rick Getschow, respectively the Mayor and the City Manager of the
City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation.
Notary Public
Robert T. Brown, Trustee of the Robert T. Brown Trust dated January 12, 2001
Robert T. Brown, Trustee
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of , 2014, by
Robert T. Brown as Trustee of the Robert T. Brown Trust dated January 12, 2001.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55344
EXHIBIT A —
OWNERS SUPPLEMENT — BLUFFS WEST 13TH ADDITION
Legal Description Before Final Plat
Outlot L, Bluffs West, Hennepin County, Minnesota.
Legal Description After Final Plat
Lots 1 4, Block 1, Bluffs West 13th Addition, Hennepin County, Minnesota.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda February 18, 2014
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C.
Community Development/Planning Telecommunications Equipment
Janet Jeremiah Screening
Requested Action
Move to:
• Approve 2nd Reading of the Ordinance am ending Chapter 11 relating to relating to
screening of telecommunications mechanical equipment.
• Adopt Resolution Approving the Summary of Ordinance and Ordering the
publication of said summary
Synopsis
This is final approval of an ordinance relating to telecommunications mechanical equipment
screening.
Attachments
1. Ordinance
2. Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. -2014
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY
CODE CHAPTER 11 AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND
SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS:
Section 1. City Code Chapter 11, Section 11.02, is hereby amended by adding in alphabetical order
the following definition:
"Telecommunications mechanical equipment" —mechanical equipment that is necessary for
the operation of a tower for Commercial Wireless Telecommunications Services.
and renumbering the remaining definitions appropriately.
Section 2. City Code Chapter 11, Section 11.03, Subd. 3 G 1 (k) is hereby amended by inserting
the word"of' after the word"top"; and inser ting the words ", and telecomm unications mechanical
equipment located on top of, beside or adjacent to a building." after the word building.
Section 3. City Code Chapter 11, Section 11.06, Subd. 2 is hereby amended by inserting a comma
after the word"tower"; deleting th e word"or"; and inserting the words ", or telecommunications
mechanical equipment" after the word"antenna".
Section 4. City Code Chapter 11, S ection 11.06, is hereby amended by inserting a new Subd. 9 to
read as follows:
Subd. 9. Telecommunications Mechanical Equipment in a Public Right of Way.
Telecommunications mechanical equipment located in a public right of way must meet the
following requirements:
A. Location and Setbacks. Telecommunications mechanical equipment shall be located
on the ground beside or adjacent to a tower for Commercial W ireless
Telecommunications Services and shall meet the following minimum setback
requirements:
1. 10 feet from the existing or planned edge of the pavement;
2. 3 feet from a sidewalk or trail;
3. 50 feet from the nearest intersection right-of-way line; and
4. 50 feet from the nearest principal residential structure.
B. Screening. Telecommunications mechanical equipment located in a public right of
way and possessing one or m ore of the following charact eristics shall be physically
screened from all public roads and adjace nt differing land uses within a utility
cabinet:
1. Irregular in size and shape;
2. Exposed and/or protruding fans, grills, pipes, tubes, wires, or vents;
3. Unfinished metal covering, exposed rivets, or exposed seams.
Screening shall be required at the time of initial installation or at the time of antenna
equipment upgrade.
C. Permit. Telecommunications mechanical equipment located in a public right of way
must receive a right-of-way permit from the appropriate road authority.
and renumbering the remaining subdivisions appropriately.
Section 5. This ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 21st day of
January, 2014, and finally read and adopted and orde red published at a regular m eeting of the City
Council of said City on the 18th day of February, 2014.
Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor
Published in the Eden Prairie News on the day of , 2014.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2014-
A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE NO. 2014 AND ORDERING THE
PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. _-2014was adopted a nd ordered published at a regular
meeting of the City Council of the City of Eden Prairie held on the 18th day of February, 2014.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND
ORDERS AS FOLLOWS:
A. Ordinance No. _-2014 is lengthy.
B. The text of sum mary of Ordinance No. -2014, attached hereto as Exhibit A,
conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the
title and summary of the Ordinance will clearly inform the public of the intent and
effect of the Ordinance.
C. The title and summary shall be published once in the Eden Prairie News in a body
type no smaller than brevier or eight-point type.
D. A printed copy of the Ordinance sha 11 be made available for inspection by any
person, during regular office hours, at the o ffice of the City Clerk, and a copy of
the entire text of the Ordinance shall be posted in the City offices.
E. Ordinance _-2014 shall be recorded in the Ordinance Book, along with proof of
publication, within twenty(20) days after said publication.
ADOPTED by the City Council on February 18, 2014.
Nancy Tyra-Lukens Mayor
(Seal)
ATTEST:
Kathleen Porta, City Clerk
EXHIBIT A
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE -2014
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING
CITY CODE CHAPTER 11, SECTIONS 11.02, 11.03 AND 11.06; AND ADOPTING BY
REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG
OTHER THINGS CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
The following is only a summary of Ordinance No. _-2014. The full text is available for public
inspection by any person during regular office hours at the Office of the City Clerk.
SUMMARY: The Ordinance regulates the location, screening and perm itting of
telecommunications mechanical equipment in the public right of way.
EFFECTIVE DATE: This Ordinance shall take effect upon publication.
ATTEST:
Kathleen Porta, City Clerk Nancy Tyra- Lukens, Mayor
PUBLISHED in the Eden Prairie News on .
(A full copy of the text of this Ordinance is available from City Clerk.)
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda February 18, 2014
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D.
Community Professional Services Agreement with HKGi
Development/Planning to prepare a Transit Oriented Development
Janet Jeremiah/Regina Rojas (TOD) Zoning Ordinance
Requested Action
Move to: Approve the Professional Services Agreement with Hoisington Koegler Group Inc.
(HKGi) to prepare of a Transit Oriented Development (TOD) Zoning Ordinance utilizing a
Metropolitan Council LCA TOD Grant in the amount of$60,000.
Synopsis
In December of 2012, the City of Eden Prairie received $60,000 from the Metropolitan Council
Livable Communities Act Transit Oriented Development Pre-Development grant fund. The City
will provide a $15,000 match consisting of in-kind staff services.
The grant will be used to hire a consultant, HKGi,to prepare a TOD Zoning District for all 5
proposed light rail stations within Eden Prairie including: City West, Golden Triangle, Town
Center, Southwest and Mitchell Road. The consultant will engage discussion of the proposed
ordinance with surrounding businesses, residents, Planning Commission, City Council, and other
stakeholders.
The TOD Zoning Ordinance will provide five potential areas for development of attractive,
compact, walkable, mixed-use housing and employment centers that create a live/work/play
environment for the community. The TOD Zoning Ordinance will also serve as a model for
development in other TOD locations around the region.
Background Information
The Livable Communities Act(LCA) Transit Oriented Development(TOD)program is a
funding resource program provided by the Metropolitan Council intended to help catalyze
Transit Oriented Development in and around light rail transit, commuter rail, and high-frequency
bus transit stations by focusing on proposals that are:
• In a Transit Improvement Area(TIA) designated by the Minnesota Department of
Employment and Economic Development(DEED) or TIA-eligible station areas
located along light rail, commuter rail or bus rapid transitways operational by 2020.
• Within one-quarter mile of any spot along high frequency local bus lines.
• Within a one-half mile radius of bus stops or stations on high-frequency express
routes where significant passenger infrastructure is in place.
Four categories of LCA TOD grants are available: Tax Base Revitalization Account(TBRA)
Contamination Cleanup Site Investigation TOD grants, TBRA Contamination Cleanup TOD
grants, Livable Communities Demonstration Account(LCDA) Pre-Development TOD grants,
and LCDA Development TOD grants.
LCDA Pre-Development TOD are intended for applicants who are defining their project through
such activities as design workshops, preparing redevelopment, corridor or station area plans,
developing zoning and land use implementation tools such as overlay zones or zoning districts,
or determining strategies for land banking and land acquisition.
The City worked with HKGi on previous planning studies including the Golden Triangle Study,
the Major Center Study, and the Town Center Design Guidelines. The City most recently
worked HKGi through Hennepin County Community Works on the Transitional Station Area
Action Plan(TSAAP).
Attachment
Professional Services Agreement
Scope of Work
Metropolitan Livable Communities Act Grant Agreement
Standard Agreement for Contract Services
This Agreement ("Agreement") is made on the 18st day of February, 2014, between the City of
Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road,
Eden Prairie, MN 55344, and Hoisington Koegler Group Inc. (HKGi), a Minnesota Corporation
(hereinafter "Contractor") whose business address is 123 North 3rd Street, Minneapolis, MN
55401.
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of contractors to provide a
variety of services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this
Agreement is to set forth the terms and conditions for the provision of services by Contractor for
Eden Prairie Transit Oriented Development (TOD) Zoning District(s) Ordinance hereinafter
referred to as the "Work".
The City and Contractor agree as follows:
1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions
of the Work in accordance with attached Exhibit A. The terms of this Agreement shall take
precedence over any provisions of the Contractor's proposal and/or general conditions.
2. Effective Date and Term of Agreement. This Agreement shall become effective as of
February 18, 2014. The Work shall be completed by December 31, 2014
3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $60,000 as
full and complete payment for the labor, materials and services rendered pursuant to this
Agreement and as described in Exhibit A.
a. Any changes in the scope of the work which may result in an increase to the
compensation due the Contractor shall require prior written approval by an
authorized representative of the City or by the City Council. The City will not pay
additional compensation for services that do not have prior written authorization.
b. If Contractor is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for
performance shall be extended by a period of time lost by reason of the delay.
Contractor will be entitled to payment for its reasonable additional charges, if any,
due to the delay.
4. Method of Payment.
a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices
setting forth work performed under this Contract. Invoices submitted shall be paid
in the same manner as other claims made to the City.
b. Claims. To receive any payment on this Contract, 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."
c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid.
5. Project Manager. The Contractor has designated Brad Scheib, AICP to Manage the Work.
They shall be assisted by other staff members as necessary to facilitate the completion of
the Work in accordance with the terms established herein. Contractor may not remove or
replace the designated manager without the approval of the City.
6. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in
the performance of its services as is ordinarilyexercised bymembers of the profession
under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to
the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or
damages proximately caused by Contractor's breach of this standard of care. Contractor
shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall
not be responsible for delays caused by factors beyond its control or that could not be
reasonably foreseen at the time of execution of this Contract. Contractor shall be
responsible for costs, delays or damages arising from unreasonable delays in the
performance of its duties.
7. Insurance.
a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of
operations by Contractor or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in
this Paragraph, or required by law. The policy(ies) shall name the City as an
additional insured for the services provided under this Agreement and shall provide
that the Contractor's coverage shall be primary and noncontributory in the event of a
loss.
b. Contractor shall procure and maintain the following minimum insurance coverages
and limits of liability for the Work:
Worker's Compensation Statutory Limits
Employer's Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Comprehensive Liability $1,500,000 property damage and bodily injury per
occurrence
$2,000,000 general aggregate
$2,000,000 Products—Completed Operations
Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and
non-owed vehicles.)
Umbrella or Excess Liability $1,000,000
Standard Agreement for Contract Services Page 2 of 10
c. The Comprehensive General/Commercial General Liability policy(ies) shall be
equivalent in coverage to ISO form CG 0001, and shall include the following:
i. Premises and Operations coverage with no explosions, collapse, or
underground damage exclusion (XCU).
ii. Products and Completed Operations coverage. Contractor agrees to
maintain this coverage for a minimum of two (2) years following completion of
its work. Said coverage shall apply to bodily injury and property damage
arising out of the products-completed operations hazard.
iii. Personal injury with Employment Exclusion (if any) deleted.
iv. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent.
v. Broad Form Property Damage coverage, including completed operations, or
its equivalent.
vi. Additional Insured Endorsement(s), naming the "City of Eden Prairie" as an
Additional Insured, on ISO forms CG 2010 07 04 and CG 2037 07 04, or their
equivalent.
vii. If the Work to be performed is on an attached community, there shall be no
exclusion for attached or condominium projects.
viii. "Stop gap" coverage for work in those states where Workers' Compensation
insurance is provided through a state fund if Employer's liability coverage is
not available.
ix. Incidental Malpractice and Host Liquor Liability insurance applicable to the
Contractor's performance under this Contract.
x. Severability of Insureds provision.
d. Contractor shall maintain in effect all insurance coverages required under this
Paragraph at Contractor's sole expense and with insurance companies licensed to
do business in the state in Minnesota and having a current A.M. Best rating of no
less than A-, unless specifically accepted by City in writing. In addition to the
requirements stated above, the following applies to the insurance policies required
under this Paragraph:
i. All polices shall be written on an "occurrence" form ("claims made" and
"modified occurrence" forms are not acceptable);
ii. All polices shall be apply on a "per project" basis;
iii. All policies, except the Worker's Compensation Policy, shall contain a waiver
of subrogation naming "the City of Eden Prairie";
iv. All policies, except the Worker's Compensation Policy, shall name "the City of
Eden Prairie" as an additional insured;
v. All policies, except the Worker's Compensation Policy, shall insure the
defense and indemnity obligations assumed by Contractor under this
Contract; and
vi. All polices shall contain a provision that coverages afforded there under shall
not be canceled or non-renewed or restrictive modifications added, without
thirty (30) days prior written notice to the City.
e. A copy of the Contractor's Certificate of Insurance which evidences the
compliance with this Paragraph, must be filed with City prior to the start of
Contractor's Work. Upon request a copy of the Contractor's insurance declaration
page, Rider and/or Endorsement, as applicable shall be provided. Such documents
evidencing Insurance shall be in a form acceptable to City and shall provide
satisfactory evidence that Contractor has complied with all insurance requirements.
Renewal certificates shall be provided to City prior to the expiration date of any of the
Standard Agreement for Contract Services Page 3 of 10
required policies. City will not be obligated, however, to review such Certificate of
Insurance, declaration page, Rider, Endorsement or certificates or other evidence of
insurance, or to advise Contractor of any deficiencies in such documents and receipt
thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to
enforce the terms of Contractor's obligations hereunder. City reserves the right to
examine any policy provided for under this paragraph.
f. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide
the specified insurance, then Contractor will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and
expense (including reasonable attorney's fees and expenses of litigation) to the extent
necessary to afford the same protection as would have been provided by the specified
insurance. Except to the extent prohibited by law, this indemnity applies regardless of
any strict liability or negligence attributable to the City (including sole negligence) and
regardless of the extent to which the underlying occurrence (i.e., the event giving rise
to a claim which would have been covered by the specified insurance) is attributable to
the negligent or otherwise wrongful act or omission (including breach of contract) of
Contractor, its subcontractors, agents, employees or delegates. Contractor agrees
that this indemnity shall be construed and applied in favor of indemnification.
Contractor also agrees that if applicable law limits or precludes any aspect of this
indemnity, then the indemnity will be considered limited only to the extent necessary to
comply with that applicable law. The stated indemnity continues until all applicable
statutes of limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require
Contractor to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from
Contractor's insurance company.
Contractor will take the action required by the City within fifteen (15) days of receiving
notice from the City.
8. Indemnification. Contractor will indemnify City and hold it harmless from and against all
judgments, claims, damages, costs and expenses, including a reasonable amount as and
for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of
this Agreement by Contractor or any negligent or intentional act or omission performed,
taken or not performed or taken by Contractor, its agents, contractors and employees,
relative to this Agreement. City will indemnify and hold Contractor harmless from and
against any loss for injuries or damages arising out of the negligent acts of the City, its
agents or employees.
9. Termination.
a. This Agreement may be terminated at any time by either party for breach or non-
performance of any provision of this Agreement in accordance with the following.
The party ("notifying party") who desires to terminate this Agreement for breach or
non-performance of the other party ("notified party") shall give the notified party
notice in writing of the notifying party's desire to terminate this Agreement describing
the breach or non-performance of this Agreement entitling it to do so. The notified
party shall have five (5) days from the date of such notice to cure the breach or non-
Standard Agreement for Contract Services Page 4 of 10
performance. Upon failure of the notified party to do so, this Agreement shall
automatically terminate.
b. Upon the termination of this Agreement, whether by expiration of the original or any
extended term or terms hereof, or for any other reason, Contractor shall have the
right, within a reasonable time after such termination to remove from City's premises
any and all of Contractor's equipment and other property. Except for liability resulting
from acts or omissions of a party, arising, taken or omitted prior to such termination,
the rights and obligations of each party resulting from this Agreement shall cease
upon such termination. Any prior liability of a party shall survive termination of this
Agreement.
c. In the event of dissolution, termination of existence, insolvency, appointment of a
receiver, assignment for the benefit of creditors, or the commencement of any
proceeding under any bankruptcy or insolvency law, or the service of any warrant,
attachment, levy or similar process involving Contractor, City may, at its option in
addition to any other remedy to which City may be entitled, immediately terminate
this Agreement by notice to Contractor, in which event, this Agreement shall
terminate on the notice becoming effective.
10. Notice. Required notices to the Contractor shall be in writing, and shall be either hand-
delivered to the Contractor, its employees or agents, or mailed to the Contractor by certified
mail at the following address:
Hoisinqton Koeqler Group Inc.
Attn: Brad Scheib
123 North Third Street, Suite 100
Minneapolis, MN 55401
Notices to the City shall be in writing and shall be either hand-delivered or mailed to the City
by certified mail at the following address:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Notices shall be deemed effective on the date of receipt. Any party may change its address
for the service of notice by giving written notice of such change to the other party, in any
manner above specified, 10 days prior to the effective date of such change.
11. Independent Contractor. Contractor 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 Contractor 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 the Contractor an employee of the City.
12. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
Standard Agreement for Contract Services Page 5 of 10
13. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or
prepared or assembled by the Contractor under this Agreement which the City requests to
be kept confidential, shall not be made available to any individual or organization without the
City's prior written approval. The books, records, documents and accounting procedures and
practices of the Contractor or other parties relevant to this Agreement are subject to
examination by the City and either the Legislative Auditor or the State Auditor for a period of
six (6) years after the effective date of this Agreement. This Agreement is subject to the
Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices
Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7,
which is created, collected, received, stored, used, maintained, or disseminated by
Contractor in performing any of the functions of the City during performance of this
Agreement is subject to the requirements of the Data Practice Act and Contractor shall
comply with those requirements as if it were a government entity. All subcontracts entered
into by Contractor in relation to this Agreement shall contain similar Data Practices Act
compliance language.
14. Non-Discrimination. During the performance of this Agreement, the Contractor shall not
discriminate against any employee or applicant for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation or age. The Contractor shall post in places available to
employees and applicants for employment, notices setting forth the provision of this non-
discrimination clause and stating that all qualified applicants will receive consideration for
employment. The Contractor shall incorporate the foregoing requirements of this paragraph
in all of its subcontracts for program work, and will require all of its subcontractors for such
work to incorporate such requirements in all subcontracts for program work. The Contractor
further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota
Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with
Disabilities Act of 1990.
15. Conflicts. No salaried officer or employee of the City and no member of the Council, or
Commission, or Board of the City shall have a financial interest, direct or indirect, in this
Agreement. The violation of this provision renders the agreement void.
16. Employees. Contractor agrees not to hire any employee or former employee of City and
City agrees not to hire any employee or former employee of Contractor prior to termination
of this Agreement and for one (1) year thereafter, without prior written consent of the former
employer in each case.
17. Rights and Remedies. The duties and obligations imposed by this Agreement and the
rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law.
18. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of
business.
19. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including
without limitation, attorneys' fees paid or incurred by the City in connection with the
enforcement by the City during the term of this Agreement or thereafter of any of the rights
or remedies of the City under this Agreement.
Standard Agreement for Contract Services Page 6 of 10
20. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal or
equitable actions by either party. Unless the parties agree otherwise, the mediation shall be
in accordance with the Commercial Mediation Procedures of the American Arbitration
Association then currently in effect. A request for mediation shall be filed in writing with the
American Arbitration Association and the other party. No arbitration or legal or equitable
action may be instituted for a period of 90 days from the filing of the request for mediation
unless a longer period of time is provided by agreement of the parties. Cost of mediation
shall be shared equally between the parties. Mediation shall be held in the City of Eden
Prairie unless another location is mutually agreed upon by the parties. The parties shall
memorialize any agreement resulting from the mediation in a mediated settlement
agreement, which agreement shall be enforceable as a settlement in any court having
jurisdiction thereof.
21. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
22. Severability. The provisions of this Agreement are severable. If any portion hereof is, for
any reason, held by a court of competent jurisdiction to be contrary to law, such decision
shall not affect the remaining provisions of this Contract.
23. Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiver
of any right or duty afforded any of them under the Agreement, nor shall any such action or
failure to act constitute an approval of or acquiescence in any breach thereunder, except as
may be specifically agreed in writing.
24. Entire Agreement. The entire agreement of the parties is contained herein. This
Agreement supersedes all oral agreements and negotiations between the parties relating to
the subject matter hereof as well as any previous agreements presently in effect between
the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or
waivers of the provisions of this Agreement shall be valid only when expressed in writing
and duly signed by the parties, unless otherwise provided herein.
25. Compliance with Laws and Regulations. In providing services hereunder, the Contractor
shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of
services to be provided. Any violation of statutes, ordinances, rules and regulations
pertaining to the services to be provided shall constitute a material breach of this Agreement
and entitle the City to immediately terminate this Agreement.
26. Grant Compliance. City has received a grant from the Metropolitan Council Livable
Communities Act for the Work, attached hereto as Exhibit B (hereinafter the "Grant"). City is
required to comply with the terms and conditions of the Grant. Contractor agrees to comply
with the terms and conditions of the Grant, including but not limited to Section II Assurances,
to the extent the terms and conditions apply to the Contractor's work under this Agreement.
Standard Agreement for Contract Services Page 7 of 10
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Mayor
City Manager
CONTRACTOR
By/
szt
Its: Vice President
Standard Agreement for Contract Services Page 8 of 10
Exhibit A-Scope of Work
Standard Agreement for Contract Services Page 9 of 10
Eden Prairie TOD Zoning District(s) Ordinance
Project Understanding
The City of Eden Prairie will have five stations along the Green Line Extension or SW LRT Corridor: City
West, Golden Triangle, Town Center, Southwest Station, and Mitchell. Each of these stations varies in
character and has different development/redevelopment opportunities. The City's Guide Plan provides a
policy direction that envisions new development/redevelopment opportunities generally within a '/2 mile
radius of each station. Upon the opening of SW LRT, the City recognizes the need to have adequate
ordinances in place that will respond to anticipated new development and redevelopment in a way that
maximizes the local and regional investment in transit and transportation infrastructure.
A key part of the process to develop the TOD Zoning District(s) Ordinance will be stakeholder
engagement. We envision the following key components to be led by City Staff with HKGi participation in
a support role. 1) coordination of project updates with the Eden Prairie Chamber of Commerce
Government Committee as a conduit to businesses; 2)presentations of project updates over the course of
the project to city boards and commissions; and, 3)presentation to a series of stakeholder meetings as
described in Task 4-2.
The following scope of work is designed to develop a TOD Zoning District(s) Ordinance for the five
stations in Eden Prairie:
Project Work Scope
Task 1 - Organize the Effort
This task includes establishing a common understanding of the project goals, process, and timeline.
1-1 Conduct kick-off meeting with staff: We will meet with City Staff to discuss and agree on project
specific goals and establish a project schedule with key milestones and meeting dates. We will also
use this kick-off meeting to present our understanding of background plans/studies/ordinances,
identify any missing data/information, and gather any relevant background data including known
precedent TOD zoning districts for future use.
1-2 Prepare project guide book: We will assemble a guide book that includes project goals and
objectives and a summary of relevant(or guiding)background documents and precedents. This
guide book will form a basis of common knowledge and understanding regarding the relevancy and
usefulness of existing plans and ordinances and how they pertain to the goals and objectives for
preparing the TOD Zoning District(s) Ordinance.
1-3 Conduct kick-off meeting with City Staff, Council, and Commissions: This will be a kick-off session
with City Staff, City Council, and relevant Commissions. At this collaborative meeting we will
provide an overview of the project, review draft goals and objectives (using the project guide
book), present a detailed project schedule, and offer an opportunity for initial input to the project.
1-4 Assist staff with project communications: We will prepare a brief newsletter project write up that
staff can use to present a project overview to other boards and commissions as needed.
TOD Zoning District Ordinance Work Scope
Final 1/14/2014
Key Task 1 Deliverables:final project work plan and schedule, agendas and notes from meetings, a draft in electronic
form (PDF)of the project guide book, council and commission workshop, project newsletter brief.
Task 2 — Prepare Draft TOD Zoning District(s) Ordinance Structure
This task will be an iterative process designed to work through the various elements of a TOD Zoning
District(s) Ordinance on a station by station basis. We will utilize workshops with City Staff and the
Planning Commission serving as a sounding board to ensure a strong ordinance structure prior to drafting
the complete ordinance. Through this process, HKGi will incorporate the principles of transit oriented
development(TOD), place making, leadership in energy and environmental design(LEED), and
sustainability among others. The following subtasks comprise Task 2 (we will address each station area
within each subtask):
2-1 Assemble draft outline of ordinance structure: We will prepare a detailed outline that provides a
structure for the TOD Zoning District(s) Ordinance. The outline will highlight the various
components of the ordinance and will include at a minimum the following components:
• Purpose statement
• Applicability(floating, mandatory, parallel, etc...)
• Definitions (if needed or unique to the TOD Zoning District)
• Identification of sub-districts (as specific to each station area or area character)
• Relevancy to the comprehensive plan or other guiding policy document(possible future design
guidelines for example)
• Uses (identification of permitted, conditional, or accessory uses)
• Building Types (identification of structure types per sub-district)
• Bulk Standards (including lot sizes and dimensions, setback minimum/maximums, building
height, densities, lot coverage, frontage types, open space, etc...)
• Building siting/orientation
• Vehicle parking (on/off street, car sharing provisions, reduction criteria, etc...)
• Bike parking(or other mode)
• Park and open space/transit plaza provisions/orientation
• Public Art
• Site circulation (pedestrian,bike, and auto)
• Landscaping standards
• Stormwater management
• Signage and lighting(including wayfinding)
• Other miscellaneous site improvements (mechanicals, trash/recycling, loading facilities, etc...)
2-2 Prepare illustrative diagrams of each station existing character: These diagrams will provide a
common understanding of the existing character of each station area as it pertains to existing
conditions relative to the components identified in the outlined structure. We will utilize prior
completed work to the degree possible to complete this task.
2-3 Prepare illustrative diagrams of future conditions: These diagrams will include a combination of
2IPage
TOD Zoning District Ordinance Work Scope
Final 1/14/2014
known planned projects as well as master plan diagrams that demonstrate potential TOD forms and
patterns. We will utilize past sketches and concepts to the degree possible. Diagrams will illustrate
block patterns, building orientation, pedestrian, bike, and vehicle access/parking/circulation, open
space orientation, stormwater management, and other site characteristics consistent with the
subjects identified in the outline structure. We will use precedent photos and plan view diagrams
and sketches to illustrate concepts.
2-4 Conduct staff reviews: We will conduct up to three staff meetings to review works in progress.
2-5 Conduct Planning Commission Workshops: We will conduct two Planning Commission workshops
in this task. The first workshop will be to review and discuss existing site characteristics of each
station and the outline structure and the ordinance components. The second workshop will be used
to explore desired future character and form of each station area. Using precedent photos and
illustrative diagrams, we will work through each ordinance component established in the outline in
an interactive workshop with the Planning Commission. The desired outcome of this workshop is a
consensus among planning commissioners on the overall ordinance structure.
2-6 Provide PowerPoint update: We will prepare a project update presentation documenting the
results of the TOD Zoning District(s) Ordinance Structure Task. This update can be provided to
the Council and various boards and commissions by City Staff.
Key Task 2 Deliverables: TOD Zoning District(s) Ordinance outline draft, existing conditions diagrams and character
illustrations,future conditions diagrams and character illustrations, meeting agendas, materials, and facihtation.
Task 3 — Prepare Draft TOD Zoning District(s) Ordinance
This task will incorporate what was learned through task 3 into a draft TOD Zoning District(s) Ordinance.
We will utilize the Town Center district as a guide in establishing the TOD Zoning District(s). We
envision that each station may have some variation based on the unique character and function of each
station. Task 3 includes the following subtasks.
3-1 Prepare draft one of the ordinance: Preparation of the ordinance will include text and illustrations
to the degree that the illustration helps demonstrate a desired end result. The draft ordinance will
follow the outline structure identified in task 3 with any required modifications.
3-2 Review draft ordinance with city staff: We will meet with city staff in a workshop format to review
key components of draft one.
3-3 Prepare draft two of the ordinance based on staff feedback: We will incorporate revisions into the
draft from city staff and prepare draft two of the ordinance.
3-4 Prepare summary presentation materials of draft ordinance: This task will include a summary
overview of the draft ordinance in PowerPoint form.
3-5 Present draft ordinance to Planning Commission: We will present the draft ordinance to the
Planning Commission in a workshop format.
3-6 Prepare draft three of the ordinance based on PC feedback: We will summarize the Planning
3 Page
TOD Zoning District Ordinance Work Scope
Final 1/14/2014
Commission meeting and prepare draft three of the Ordinance to incorporate commissioner's
comments and feedback.
3-7 Conduct Council and Commission Review Workshop: We will coordinate a meeting to be hosted
by the City Council with various commissions invited to present an overview of the draft
ordinance. This meeting will include a presentation and opportunity for council and commissioners
to discuss the details of the ordinance.
3-8 Prepare final draft ordinance: This will be a final `draft' ordinance that will incorporate all
comments received from staff, council, and commissions. This draft ordinance will then be the
subject of more formal review processes in task 4.
Key Task 3 Deliverables: Drafts one, two, three, and the final draft of the ordinance. All drafts will be provided in
electronic form to City Staff for reproduction and distribution. PowerPoint summary of draft ordinance. Meeting agendas,
materials, and facilitation for all meetings.
Task 4 — Finalize the Ordinance and Seek Approvals
Once a final draft of the ordinance has been completed, a formal review and approval process will
commence. Task 4 will include the required public hearings for adoption of the ordinance and delivery of a
final product.
4-1 Approval process preparation: The PowerPoint presentation developed in Task 3.4 will be updated
to incorporate changes. We will coordinate with city staff to prepare a detailed schedule for
presentations and stakeholder outreach.
4-2 Conduct stakeholder outreach: This subtask will include presenting the ordinance to key
stakeholder groups within each station area. HKGi will provide a support role in this task and will
participate in up to five meetings with key stakeholder groups to be defined by city staff. It is
envisioned stakeholder groups would include key business entities, developer/brokers, major
landholders, advisory boards, or commissions.
4-3 Summarize key input and recommended changes: Based on feedback from stakeholder outreach
meetings, a summary memorandum will be prepared highlighting issue areas and potential
modifications.
4-4 Conduct Planning Commission Public Hearing: A formal public hearing at the Planning
Commission will be presented to present the final draft plan and feedback. At this meeting a
recommendation will be sought from the Planning Commission on the final draft ordinance with
any recommended changes to be forward to the City Council.
4-5 Prepare final ordinance: a final ordinance will be prepared for City Council consideration.
4-6 Present final ordinance to City Council: the final ordinance will be presented to the City Council
for consideration.
Task 4 key deliverables. Updated PowerPoint presentation and stakeholder engagement schedule. Summary memorandum
of stakeholder comments. Final ordinance in electronic form.
4IPage
DEMONSTRATION ACC{-UNI
PRE-DEVELOPMENT GRANT PROGRAM
TRANSIT ORIENTED DEVELOPMENT (TOD) PROGRAM
GRANTEE: City of Eden Prairie GRANT NO. SG012-137
PROJECT: TOD Zoning District Ordinance
GRANT AMOUNT: $60,000 FUNDING CYCLE: 2012
COUNCIL ACTION: December 12,2012 EXPIRATION DATE: December 31,2014
METROPOLITAN LIVABLE COMMUNITIES ACT
GRANT AGREEMENT
THIS GRANT AGREEMENT ("Agreement") is made and entered into by the Metropolitan
Council ("Council") and the Municipality, County or Development Authority identified above as
"Grantee."
WHEREAS, Minnesota Statutes section 473.251 creates the Metropolitan Livable Communities
Fund, the uses of which fund must be consistent with and promote the purposes of the Metropolitan
Livable Communities Act ("LCA") and the policies of the Council's Metropolitan Development
Guide; and
WHEREAS, Minnesota Statutes sections 473.251 and 473.253 establish within the Metropolitan
Livable Communities Fund a Livable Communities Demonstration Account and require the Council
to use the funds in the account to make grants or loans to municipalities participating in the Local
Housing Incentives Program under Minnesota Statutes section 473.254 or to Counties or
Development Authorities to fund the initiatives specified in Minnesota Statutes section 473.25(b) in
Participating Municipalities; and
WHEREAS, the Council has established an LCA Transit Oriented Development("TOD")program
to help leverage the metropolitan area's public investment in its transit infrastructure; and
WHEREAS, the Grantee is a Municipality participating in the Local Housing Incentives Account
program under Minnesota Statutes section 473.254, a County or a Development Authority;and
WHEREAS, the Council allocated a portion of its Livable Communities Demonstration Account
funds to a pre-development TOD grant program to help Municipalities implement community
development objectives and comprehensive plan components that promote high-density, mixed-use
development adjacent to transit stations using pedestrian-friendly design standards; and
WHEREAS,the Grantee seeks funding in connection with an application for Livable Communities
Demonstration Account Pre-Development TOD Grant Program funds submitted in response to the
Council's notice of availability of grant funds for the"Funding Cycle" identified above and will use
the grant funds made available under this Agreement to help fund the "Pre-Development TOD
Project" within the "Project Area"as described in the application; and
Page 1 of 10 Pages
DEMONSTRATION STRAT1ON ACCOUNT
PRE-DEVELOPMENT GRANT PROGRAM
TRANSIT ORIENTED DEVELOPMENT (TOD) PROGRAM
WHEREAS, the Grantee represented in its application that certain land use guidelines or official
controls and other required threshold criteria were in place at the time of the application or that
certain land use guidelines and official controls and other required threshold criteria would be in
place within thirty-six(36)months from the date of the"Council Action"identified above; and
WHEREAS, the Council awarded Livable Communities Demonstration Account Pre-Development
TOD Grant Program funds to the Grantee subject to any terms, conditions and clarifications stated
in its Council Action, and with the understanding that the Pre-Development TOD Project described
in the application will proceed to completion in a timely manner, that all grant funds will be
expended prior to the "Expiration Date" identified above, and that the land use guidelines and
official controls and other required threshold criteria identified in the Grantee's application
currently are in place or will be in place as stated in the Grantee's application.
NOW THEREFORE, in reliance on the above statements and in consideration of the mutual
promises and covenants contained in this Agreement, the Grantee and the Council agree as follows:
I. DEFINITIONS
1.01. Defmition of Terms. The terms defined in this section have the meanings given them in
this section unless otherwise provided or indicated by the context.
(a) Council Action. "Council Action" means the action or decision of the governing body of
the Metropolitan Council, on the meeting date identified at Page 1 of this Agreement, by
which the Grantee was awarded Livable Communities Demonstration Account Pre-
Development TOD Grant Program funds.
(b) County. "County"means Anoka, Carver, Dakota, Hennepin, Ramsey, Scott and Washington
Counties.
(c) Development Authority. "Development Authority" means a statutory or home rule charter
city, a housing and redevelopment authority, an economic development authority, or a port
authority in the Metropolitan Area.
(d) Future TOD Development Project. "Future TOD Development Project" means the future
TOD development project described in the Grantee's application for Demonstration Account
Pre-Development TOD Grant Program funds that through its design and execution will
deliver benefits such as housing, connections, and/or jobs to the region. The Future
Development TOD Project for which the grant funds were awarded must be undertaken
within the Project Area. The Future TOD Development Project may recognize or
acknowledge regional park lands and regional trails that cross through or are located
adjacent to the Project Area, but the Pre-Development TOD Project may not include
regional park lands.
(e) Metropolitan Area. "Metropolitan Area"means the seven-county metropolitan area as defined
by Minnesota Statutes section 473.121, subdivision 2.
Page 2 of 10 Pages
i�
DEMONSTRATION ACCOUNT
PRE-DEVELOPMENT GRANT PROGRAM
TRANSIT ORIENTED DEVELOPMENT (TOD) PROGRAM
(f) Municipality. "Municipality"means a statutory or home rule charter city or town participating
in the Local Housing Incentives Account Program under Minnesota Statutes section 473.254.
(g) Named TOD Area. "Named TOD Area" means the TOD area identified by name and
location in the Grantee's application for TOD program funds and in the Pre-Development
TOD Project Summary attached to this Agreement.
(h) Participating Municipality. "Participating Municipality" means a statutory or home rule
charter city or town which has elected to participate in the Local Housing Incentive Account
program and negotiated affordable and life-cycle housing goals for the Municipality pursuant
to Minnesota Statutes section 473.254.
(i) Pre-Development TOD Project. "Pre-Development TOD Project" means the grant-funded
activities for which funding is requested in the Grantee's application for Demonstration
Account Pre-Development TOD Grant Program funds.
(j) Project Area. "Project Area" means the specific geographic area within which the Future
TOD Development Project must be undertaken and within which the Pre-Development TOD
Project will be conducted as described in the Grantee's application. The Project Area must
be located within a "developed area," a "developing area," or a "rural growth center" as
those terms are defined in the Council's Metropolitan Development Guide. The Project
Area cannot include regional park lands. The Project Area may include regional trails that
cross through or are located adjacent to the Project Area, but neither the Future TOD
Development Project nor the Pre-Development TOD Project may provide for the alteration
or elimination of any regional park lands or trails.
(k) Transit Oriented Development "Transit Oriented Development"means high-density, mixed-
use development adjacent to transit stations using pedestrian-friendly design standards.
U. GRANT FUNDS
2.01. Source of Funds. The grant funds made available to the Grantee under this Agreement are
from the Livable Communities Demonstration Account of the Metropolitan Livable Communities
Fund. The grant funds are derived from the property tax authorized by Minnesota Statutes section
473.253, subdivision 1 and are not from federal sources.
2.02. Total Grant Amount. The Council will grant to the Grantee the "Grant Amount" identified
at Page 1 of this Agreement. Notwithstanding any other provision of this Agreement, the Grantee
understands and agrees that any reduction or termination of Livable Communities Demonstration
Account TOD program grant funds made available to the Council may result in a like reduction in the
Grant Amount made available to the Grantee.
2.03. Local Funding Match. The Grantee must provide a local match contribution that equals at
least twenty-five percent (25%) of the Grant Amount identified at Page 1 of this Agreement. The
local match contribution may be one or more of the following: cash; in-kind staff services, if the
staff time is specifically allocated to conducting or completing grant-eligible Pre-Development
TOD Project activities; or cash or in-kind contributions from partners that are specific to grant-
Page 3 of 10 Pages
DEMONSTRATION ACCOUNT
PRE-DEVELOPMENT GRANT PROGRAM
TRANSIT ORIENTED DEVELOPMENT (TOD) PROGRAM
eligible Pre-Development TOD Project activities. Local match contributions must cover grant-
eligible Pre-Development TOD Project activities, and they must be contributed after the date of the
Council Action and before the Expiration Date identified at Page 1 of this Agreement. The local
match contribution may be allocated among different grant-eligible activities of the Pre-
Development TOD Project.
2.04. Authorized Use of Grant Funds. The Grant Amount made available to the Grantee under
this Agreement shall be used only for the purposes and activities described in the application for
Livable Communities Demonstration Account Pre-Development TOD Grant Program funds. A Pre-
Development TOD Project Summary that describes eligible uses of the grant funds as approved by the
Council is attached to and incorporated into this Agreement as Attachment A. Grant funds must be
used to fund the initiatives specified in Minnesota Statutes section 473.25(b), in a Participating
Municipality.
2.05. Ineligible Uses. Grant funds must be used for costs directly associated with the Pre-
Development TOD Project activities for which the Council awarded grant funds and shall not be used
for: land acquisition, demolition, infrastructure, or construction costs; administrative overhead; travel
expenses,food or beverages; legal fees;insurance;bonds;permits,licenses or authorization fees; costs
associated with preparing other grant proposals; operating expenses, other than staff time used as in-
kind local match contributions; planning costs that are not identified as eligible grant-funded activities
in the 2012 TOD Grants Application Guide (updated 7/30/12 & 8/1/12), including comprehensive
planning costs;prorated lease and salary costs; and marketing expenses. Grant funds may not be used
for Pre-Development TOD Project costs that occurred prior to the grant award. A detailed list of
ineligible and eligible costs is available from the Council's Livable Communities program office.
Grant funds also shall not be used by the Grantee or others to supplant or replace: (a) grant or loan
funds obtained for the Pre-Development TOD Project from other sources;or(b)Grantee contributions
to the Pre-Development TOD Project, including financial assistance or other resources of the Grantee.
The Council shall bear no responsibility for cost overruns which may be incurred by the Grantee or
others in the implementation or performance of the Pre-Development TOD Project activities. The
Grantee agrees to comply with any "business subsidy" requirements of Minnesota Statutes sections
116J.993 to 116J.995 that apply to the Grantee's expenditures or uses of the grant funds.
2.06. Restrictions on Loans. The Grantee shall not use the grant funds to make loans to any
subgrantee or subrecipient, and the Grantee shall not permit any subgrantee or subrecipient to use
the grant funds for loans to any subrecipient at any tier. The requirements of this Section 2.06 shall
be included in all subgrant and subrecipient agreements.
2.07. Pre-Development TOD Project Changes. The Grantee must promptly inform the Council
in writing of any significant changes to the Pre-Development TOD Project activities described in
Attachment A. Failure to inform the Council of any significant changes to the Pre-Development
TOD Project or significant changes to grant-funded Pre-Development TOD Project activities, and
use of grant funds for ineligible or unauthorized purposes, will jeopardize the Grantee's eligibility
for future LCA awards. Grant funds will not be disbursed prior to Council approval of significant
changes to the Pre-Development TOD Project or the grant-funded activities described in
Attachment A.
Page 4 of 10 Pages f
DEMONSTRATION ACCOUNT
PRE-DEVELOPMENT GRANT PROGRAM
TRANSIT ORIENTED DEVELOPMENT (TOD) PROGRAM
2.08. Budget Variance. A variance of twenty percent (20%) in the budget amounts for grant-
funded activities identified in Attachment A shall be considered acceptable without Council
approval, provided no budget amount for any individual grant-funded activity may be increased or
decreased by more than twenty percent (20%) from the budget amount identified in Attachment A.
Budget variances any individual grant-funded activity identified in Attachment A exceeding twenty
percent (20%) will require Council approval. Notwithstanding the aggregate or net effect of any
variances, the Council's obligation to provide grant funds under this Agreement shall not exceed the
Grant Amount identified at Page 1 of this Agreement.
2.09. Loss of Grant Funds. The Grantee agrees to remit to the Council in a prompt manner: any
unspent grant funds, including any grant funds that are not expended prior to the Expiration Date
identified at Page 1 of this Agreement; any grant funds that are not used for the authorized
purposes; and any interest earnings described in Section 2.11 that are not used for the purposes of
implementing the grant-funded Pre-Development TOD Project activities described in Attachment
A. For the purposes of this Agreement, grant funds are "expended" prior to the Expiration Date if
the Grantee pays or is obligated to pay for expenses of eligible grant-funded Pre-Development TOD
Project activities that occurred prior to the Expiration Date and the eligible expenses were incurred
prior to the Expiration Date. Unspent or unused grant funds and other funds remitted to the Council
shall revert to the Council's Livable Communities Demonstration Account for distribution through
application processes in future Funding Cycles or as otherwise permitted by law.
2.10. Payment Request Forms and Disbursements. The Council will disburse grant funds in
response to written payment requests submitted by the Grantee and reviewed and approved by the
Council's authorized agent. Written payment requests shall be made using payment request forms,
the form and content of which will be determined by the Council. Payment request and other
reporting forms will be provided to the Grantee by the Council. The Council will disburse grant
funds on a reimbursement basis or a "cost incurred" basis. The Grantee must provide with its
written payment requests documentation that shows grant-eligible Pre-Development TOD Project
activities (or components of grant-eligible activities) actually have been completed. The Grantee
must provide documentation of the local match contribution required under Section 2.03. Subject to
verification of each payment request form (and its documentation) and approval for consistency
with this Agreement, the Council will disburse a requested amount to the Grantee within two (2)
weeks after receipt of a properly completed and verified payment request form.
2.11. Interest Earnings. If the Grantee earns any interest or other income from the grant funds
received from the Council under this Agreement, the Grantee will use the interest earnings or
income only for the purposes of implementing the Pre-Development TOD Project activities
described in Attachment A.
III. ACCOUNTING, AUDIT AND REPORT REQUIREMENTS
3.01. Accounting and Records. The Grantee agrees to establish and maintain accurate and
complete accounts and records relating to the receipt and expenditure of all grant funds received
from the Council. Notwithstanding the expiration and termination provisions of Sections 4.01 and
4.02, such accounts and records shall be kept and maintained by the Grantee for a period of six (6)
years following the completion of the Pre-Development TOD Project activities described in
Page 5 of 10 Pages
DEMONSTRATION ACCOUNT
PRE-DEVELOPMENT GRANT PROGRAM
TRANSIT ORIENTED DEVELOPMENT (TOD) PROGRAM
Attachment A or six (6) years following the expenditure of the grant funds, whichever occurs
earlier. Accounting methods shall be in accordance with generally accepted accounting principles.
3.02. Audits. The above accounts and records of the Grantee shall be audited in the same manner
as all other accounts and records of the Grantee are audited and may be audited or inspected on the
Grantee's premises or otherwise by individuals or organizations designated and authorized by the
Council at any time, following reasonable notification to the Grantee, for a period of six (6) years
following the completion of the Pre-Development TOD Project activities or six (6) years following
the expenditure of the grant funds, whichever occurs earlier. Pursuant to Minnesota Statutes section
1 6C.05, subdivision 5, the books, records, documents and accounting procedures and practices of
the Grantee that are relevant to this Agreement are subject to examination by the Council and either
the Legislative Auditor or the State Auditor, as appropriate, for a minimum of six(6)years.
3.03. Report Requirements. The Grantee will report to the Council on the status of the Pre-
Development TOD Project activities described in Attachment A, implementation of the land use
guidelines and official controls and other required threshold criteria identified in the Grantee's
application, and the expenditures of grant funds. Submission of properly completed payment
request forms (with proper documentation) required under Section 2.10 will constitute periodic
status reports. However, if the Grantee has not submitted any payment request forms during the
first three months of the term of this Agreement, the Grantee must submit quarterly reports prior to
the Grantee's first draw request. The Grantee also must complete and submit to the Council a grant
activity closeout report. The closeout report form must be submitted within 120 days after the
expiration or termination of this Agreement, whichever occurs earlier. Within 120 days after the
Expiration Date, the Grantee must complete and submit to the Council a certification of
expenditures of funds form signed by the Grantee's chief financial officer or finance director. The
form and content of the closeout report and the certification form will be determined by the Council.
These reporting requirements shall survive the expiration or termination of this Agreement.
IV. AGREEMENT TERM
4.01. Term. This Agreement is effective upon execution of the Agreement by the Council.
Unless terminated pursuant to Section 4.02, this Agreement expires on the `Expiration Date"
identified at Page 1 of this Agreement. Notwithstanding Section 4.03, the two-year term of this
Agreement may not be extended by amendment or otherwise. ALL GRANT FUNDS NOT
EXPENDED BY THE GRANTEE PRIOR TO THE EXPIRATION DATE SHALL REVERT TO
THE COUNCIL.
4.02. Termination. This Agreement may be terminated by the Council for cause at any time
upon fourteen (14) calendar days' written notice to the Grantee. Cause shall mean a material breach
of this Agreement and any amendments of this Agreement. If this Agreement is terminated prior to
the Expiration Date, the Grantee shall receive payment on a pro rata basis for eligible Pre-
Development TOD Project activities described in Attachment A that have been completed prior to
the termination. Termination of this Agreement does not alter the Council's authority to recover
grant funds on the basis of a later audit or other review and does not alter the Grantee's obligation to
return any grant funds due to the Council as a result of later audits or corrections. If the Council
determines the Grantee has failed to comply with the terms and conditions of this Agreement and
the applicable provisions of the Metropolitan Livable Communities Act, the Council may take any
Page 6 of 10 Pages 14'
DEMONSTRATION ACCOUNT
PRE-DEVELOPMENT GRANT PROGRAM
TRANSIT ORIENTED DEVELOPMENT (TOD) PROGRAM
action to protect the Council's interests and may refuse to disburse additional grant funds and may
require the Grantee to return all or part of the grant funds already disbursed.
4.03. Amendments. The Council and the Grantee may amend this Agreement by mutual
agreement. Amendments of this Agreement shall be effective only on the execution of written
amendments signed by authorized representatives of the Council and the Grantee.
V. GENERAL PROVISIONS
5.01. Equal Opportunity. The Grantee agrees it will not discriminate against any employee or
applicant for employment because of race, color, creed, religion, national origin, sex, marital status,
status with regard to public assistance, membership or activity in a local civil rights commission,
disability, sexual orientation or age and will take affirmative action to insure applicants and
employees are treated equally with respect to all aspects of employment, rates of pay and other
forms of compensation, and selection for training.
5.02. Conflict of Interest. The members, officers and employees of the Grantee shall comply
with all applicable state statutory and regulatory conflict of interest laws and provisions.
5.03. Liability. Subject to the limitations provided in Minnesota Statutes chapter 466, to the
fullest extent permitted by law, the Grantee shall defend, indemnify and hold harmless the Council
and its members, employees and agents from and against all claims, damages, losses and expenses,
including but not limited to attorneys' fees, arising out of or resulting from the conduct or
implementation of the Pre-Development TOD Project activities funded by this grant, except to the
extent the claims, damages, losses and expenses arise from the Council's own negligence. Claims
included in this indemnification include, without limitation, any claims asserted pursuant to the
Minnesota Environmental Response and Liability Act (MERLA), Minnesota Statutes chapter 115B,
the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980
(CERCLA) as amended, United States Code, title 42, sections 9601 et seq., and the federal
Resource Conservation and Recovery Act of 1976 (RCRA) as amended, United States Code, title
42, sections 6901 et seq. This obligation shall not be construed to negate, abridge or otherwise
reduce any other right or obligation of indemnity which otherwise would exist between the Council
and the Grantee. The provisions of this section shall survive the expiration or termination of this
Agreement. This indemnification shall not be construed as a waiver on the part of either the Grantee
or the Council of any immunities or limits on liability provided by Minnesota Statutes chapter 466,
or other applicable state or federal law.
5.04. Acknowledgments and Signage. The Grantee will acknowledge the financial assistance
provided by the Council in promotional materials, press releases, reports and publications relating
to the Pre-Development TOD Project and the Future TOD Development Project. The
acknowledgment will contain the following or similar language:
Funding support for this project was provided by the Metropolitan
Council Metropolitan Livable Communities Fund.
Page 7 of 10 Pages
DEMONSTRATION ACCOUNT
• PRE-DEVELOPMENT GRANT PROGRAM
TRANSIT ORIENTED DEVELOPMENT (TOD) PROGRAM
Until the Future TOD Development Project is completed, the Grantee shall ensure the above
acknowledgment language, or alternative language approved by the Council's authorized agent, is
included on all signs (if any) located at the Future TOD Development Project or construction sites
that identify project funding partners or entities providing financial assistance for the Future TOD
Development Project. The acknowledgment and signage should refer to the "Metropolitan Council"
(not"Met Council" or"Metro Council").
5.05. Permits, Bonds and Approvals. The Council assumes no responsibility for obtaining any
applicable local, state or federal licenses, permits, bonds, authorizations or approvals necessary to
perform or complete any Pre-Development TOD Project activities described in Attachment A.
5.06. Subgrantees, Contractors and Subcontractors. The Grantee shall include in any
subgrant, contract or subcontract for Pre-Development TOD Project activities appropriate
provisions to ensure subgrantee, contractor and subcontractor compliance with all applicable state
and federal laws and this Agreement. Along with such provisions, the Grantee shall require that
contractors and subcontractors performing work covered by this grant comply with all applicable
state and federal Occupational Safety and Health Act regulations.
5.07. Stormwater Discharge and Water Management Plan Requirements. To the extent
appropriate, the Pre-Development TOD Project should include consideration of stormwater
discharge and water management plan requirements in federal and state laws, the Council's 2030
Water Resources Management Policy Plan and the local water management plan(s) for the
jurisdiction(s) within which the Project Area is located.
5.08. Authorized Agent. Payment request forms, written progress reports and correspondence
submitted to the Council pursuant to this Agreement shall be directed to:
Metropolitan Council
Attn: LCA Grants Administration
390 Robert Street North
Saint Paul, Minnesota 55101-1805
5.09. Non-Assignment. Minnesota Statutes section 473.253, subdivision 2 requires the Council
to distribute grant funds to eligible "municipalities," metropolitan-area counties or "development
authorities" for projects in municipalities participating in the Local Housing Incentives Account
program. Accordingly,this Agreement is not assignable and shall not be assigned by the Grantee.
5.10. Warranty of Legal Capacity. The individuals signing this Agreement on behalf of the
Grantee and on behalf of the Council represent and warrant on the Grantee's and the Council's
behalf respectively that the individuals are duly authorized to execute this Agreement on the
Grantee's and the Council's behalf respectively and that this Agreement constitutes the Grantee's
and the Council's valid, binding and enforceable agreements.
Page 8 of 10 Pages
DEMONSTRATION ACCOUNT
PRE-DEVELOPMENT GRANT PROGRAM
TRANSIT ORIENTED DEVELOPMENT (TOD) PROGRAM
IN WITNESS WHEREOF, the Grantee and the Council have caused this Agreement to be
executed by their duly authorized representatives. This Agreement is effective o e date of final
execution by the Council.
GRANTIth METROP IT C iJ
By: 7/_,-,,X(40. 4.4....-• By: /41--
Guy eterson, irector
Title: Community Development Division
Date: Date:
By: v'r'!
Title:
Date:
LCDATEMPLATELCDAPREDEVTOD13
Revised 01/03/2013
Page 9 of 10 Pages
ATTACHMENT A
PRE-DEVELOPMENT TOD PROJECT SUMMARY
This attachment comprises this page and the succeeding page(s) which contain(s) a summary of the
Pre-Development TOD Project described in the application for Livable Communities
Demonstration Account TOD program grant funds submitted in response to the Council's notice of
availability of Demonstration Account Pre-Development TOD Grant Program funds for the Funding
Cycle identified at Page 1 of this Agreement. The summary reflects the Pre-Development TOD
Project activities for which the Grantee was awarded grant funds by the Council Action, and may
reflect changes in Pre-Development TOD Project funding sources, changes in funding amounts, or
minor changes in the proposed Pre-Development TOD Project that occurred subsequent to
application submission. The application is incorporated into this Agreement by reference and is made
a part of this Agreement as follows. If the application or any provision of the application conflicts
with or is inconsistent with the Council Action, other provisions of this Agreement, or the Pre-
Development TOD Project Summary contained in this Attachment A, the terms, descriptions and
dollar amounts reflected in the Council Action or contained in this Agreement and the Pre-
Development TOD Project Summary shall prevail. For the purposes of resolving conflicts or
inconsistencies, the order of precedence is: (1) the Council Action; (2) this Agreement; (3) the Pre-
Development TOD Project Summary; and(4)the grant application.
Page 10 of 10 Pages
Livable Communities LCDA Pre-Development Transit-Oriented Development Project Summary
Type: LCDA TOD Pre-Development Grant#: SG012-137
Requested amount: $60,000 Recommended amount: $60,000
Applicant: City of Eden Prairie
Project Name: TOD Zoning District Ordinance
Project Location: Southwest/Green Line—Five Station Areas:City West, Golden Triangle,Town
Center, Southwest Station, Mitchell Station
Council District: 3—Jennifer Munt
Project Summary: This grant will be used to support the development of a TOD ordinance for five
future LRT station areas in Eden Prairie.The zoning and land use implementation
tools will promote walkable, pedestrian-oriented station areas and support
redevelopment that is high density, includes a mix of uses in close proximity, and
reduces the overall availability of off-street parking.The implementation tools will
also include recommendations for new streetscape design features, location and
frequency of collector bus service, and infrastructure to support alternative
transportation modes such as bicycles, scooters, and rollerblades.
Comments: This project could be used as an example of TOD zoning along a suburban light rail
line.
Other LCA Funding: None.
Funded Items Uses to be completed by 12/31/2015
$60,000 Development of a TOD zoning district for five station areas; public engagement
Funding Match(25%)
$15,000 In-kind staff time
2
'd'
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar February 18, 2014
DEPARTMENT/DIVISION: ITEM DESCRIPTION: #11-5799 ITEM NO.: VIII.E.
Carter Schulze Approve Professional Services Agreement
Public Works/Engineering with SRF Consulting Group for Design and In-
Construction Services for the City West
Parkway Trail Connection
Requested Action
Move to: Approve Professional Services Agreement with SRF Consulting Group, Inc. for
Design and In-Construction Services for the City West Parkway Trail Connection.
Synopsis
This Professional Services Agreement will provide design and construction administration
services for a multi-purpose trail connecting City West Parkway to a new trail on the United
HealthCare Services, Inc. (UHG) campus.
Background Information
The trail improvements and necessary easements were required by UHG in their Development
Agreement. UHG requested that the City undertake this work and assess the cost to UHG under
the Phase I assessments as referred to in the UHG Development Agreement. UHG has accepted
the designation as the City's agent with respect to the design and administration of the project.
Financial Implications
The Professional Services Agreement with SRF has an estimated cost of$115,609. As noted
above, UHG will be fully responsible for these costs as well as the costs of construction of the
trail. This work is anticipated to be completed by the fall of 2014.
Attachment
Professional Services Agreement
Standard Agreement for Professional Services
This Agreement ("Agreement") is made on the day of , 2014,
between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is
8080 Mitchell Road, Eden Prairie, MN 55344, and SRF Consulting Group, Inc., a Minnesota
corporation (hereinafter "Consultant") whose business address is One Carlson Parkway North,
Suite 150, Minneapolis, MN 55447.
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of consultants to provide a
variety of professional services for City projects. That policy requires that persons, firms or
corporations providing such services enter into written agreements with the City. The purpose
of this Agreement is to set forth the terms and conditions for the provision of professional
services by Consultant for the City West Parkway Trail Connection, hereinafter referred to as
the 'Work".
The City and Consultant agree as follows:
1. Scope of Work. The Consultant agrees to provide the professional services shown in
Exhibit A in connection with the Work. The terms of this Agreement shall take
precedence over any provisions of the Consultant's proposal and/or general conditions.
If the Consultant's proposal is attached as the Exhibit A Scope of Work, City reserves
the right to reject any general conditions in such proposal.
2. City's Agent. As described in the acknowledgment attached hereto as Exhibit B, the
City has designated United Healthcare Services, Inc. ("United Health") to serve as its
agent with respect to the Work. Consultant shall take its direction from United Health
concerning preparation of design specifications, bidding administration, and construction
of the Work.
3. Term. The term of this Agreement shall be from February 19, 2014 through June 30,
2015, the date of signature by the parties notwithstanding. This Agreement may be
extended upon the written mutual consent of the parties for such additional period as
they deem appropriate, and upon the terms and conditions as herein stated.
4. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus
expenses in a total amount not to exceed $115,609.00 for the services as described in
Exhibit A.
A. Any changes in the scope of the work which may result in an increase to the
compensation due the Consultant shall require prior written approval by an
authorized representative of the City or by the City Council. The City will not pay
additional compensation for services that do not have prior written authorization.
B. Special Consultants may be utilized by the Consultant when required by the
complex or specialized nature of the Project and when authorized in writing by
the City.
C. If Consultant is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for
performance shall be extended by a period of time lost by reason of the delay.
Consultant will be entitled to payment for its reasonable additional charges, if
any, due to the delay.
5. City Information. The City agrees to provide the Consultant with the complete
information concerning the Scope of the Work and to perform the following services:
A. Access to the Area. Depending on the nature of the Work, Consultant may from
time to time require access to public and private lands or property. As may be
necessary, the City shall obtain access to and make all provisions for the
Consultant to enter upon public and private lands or property as required for the
Consultant to perform such services necessary to complete the Work.
B. Consideration of the Consultant's Work. The City shall give thorough
consideration to all reports, sketches, estimates, drawings, and other documents
presented by the Consultant, and shall inform the Consultant of all decisions
required of City within a reasonable time so as not to delay the work of the
Consultant.
C. Standards. The City shall furnish the Consultant with a copy of any standard or
criteria, including but not limited to, design and construction standards that may
be required in the preparation of the Work for the Project.
D. City's Representative. A person shall be appointed to act as the City's
representative with respect to the work to be performed under this Agreement.
He or she shall have complete authority to transmit instructions, receive
information, interpret, and define the City's policy and decisions with respect to
the services provided or materials, equipment, elements and systems pertinent to
the work covered by this Agreement.
6. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an
itemized invoice for professional services performed under this Agreement. Invoices
submitted shall be paid in the same manner as other claims made to the City for:
A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall
indicate for each employee, his or her name, job title, the number of hours
worked, rate of pay for each employee, a computation of amounts due for each
employee, and the total amount due for each project task. Consultant shall verify
all statements submitted for payment in compliance with Minnesota Statutes
Sections 471.38 and 471.391. For reimbursable expenses, if provided for in
Exhibit A, the Consultant shall provide an itemized listing and such
documentation as reasonably required by the City. Each invoice shall contain
the City's project number and a progress summary showing the original (or
amended) amount of the contract, current billing, past payments and
unexpended balance of the contract.
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B. Suspended Work. If any work performed by the Consultant is suspended in
whole or in part by the City, the Consultant shall be paid for any services set forth
on Exhibit A performed prior to receipt of written notice from the City of such
suspension.
C. Payments for Special Consultants. The Consultant shall be reimbursed for the
work of special consultants, as described herein, and for other items when
authorized in writing by the City.
D. Claims. To receive any payment on this Agreement, the invoice or bill must
include the following signed and dated statement: "I declare under penalty of
perjury that this account, claim, or demand is just and correct and that no part of
it has been paid."
7. Project Manager and Staffing. The Consultant has designated Rebecca Krugerud to
serve on the Project. She shall be assisted by other staff members as necessary to
facilitate the completion of the Work in accordance with the terms established herein.
Consultant may not remove or replace the designated staff from the Project without the
approval of the City.
8 Standard of Care. Consultant shall exercise the same degree of care, skill and
diligence in the performance of its services as is ordinarily exercised by members of the
profession under similar circumstances in Hennepin County, Minnesota. Consultant
shall be liable to the fullest extent permitted under applicable law, without limitation, for
any injuries, loss, or damages proximately caused by Consultant's breach of this
standard of care. Consultant shall put forth reasonable efforts to complete its duties in a
timely manner. Consultant shall not be responsible for delays caused by factors beyond
its control or that could not be reasonably foreseen at the time of execution of this
Agreement. Consultant shall be responsible for costs, delays or damages arising from
unreasonable delays in the performance of its duties.
9 Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or
prepared or assembled by the Consultant under this Agreement which the City requests
to be kept confidential, shall not be made available to any individual or organization
without the City's prior written approval. The books, records, documents and accounting
procedures and practices of the Consultant or other parties relevant to this Agreement
are subject to examination by the City and either the Legislative Auditor or the State
Auditor for a period of six (6) years after the effective date of this Agreement. This
Agreement is subject to the Minnesota Government Data Practice Act, Minnesota
Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data
Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used,
maintained, or disseminated by Consultant in performing any of the functions of the City
during performance of this Agreement is subject to the requirements of the Data Practice
Act and Consultant shall comply with those requirements as if it were a government
entity. All subcontracts entered into by Consultant in relation to this Agreement shall
contain similar Data Practices Act compliance language.
10. Termination. This Agreement may be terminated by either party by seven (7) days
written notice delivered to the other party at the address written above. Upon
termination under this provision, if there is no fault of the Consultant, the Consultant shall
be paid for services rendered and reimbursable expenses until the effective date of
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•
termination. If however, the City terminates the Agreement because the Consultant has
failed to perform in accordance with this Agreement, no further payment shall be made
to the Consultant, and the City may retain another consultant to undertake or complete
the Work identified herein.
11. Subcontractor. The Consultant shall not enter into subcontracts for services provided
under this Agreement except as noted in the Scope of Work, without the express written
consent of the City. The Consultant shall pay any subcontractor involved in the
performance of this Agreement within ten (10) days of the Consultant's receipt of
payment by the City for undisputed services provided by the subcontractor. If the
Consultant fails within that time to pay the subcontractor any undisputed amount for
which the Consultant has received payment by the City, the Consultant shall pay interest
to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any
part of a month. The minimum monthly interest penalty payment for an unpaid balance
of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall
pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in
a civil action to collect interest penalties from the Consultant shall be awarded its costs
and disbursements, including attorney's fees, incurred in bringing the action.
12. Independent Consultant. Consultant 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 Consultant 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 the Consultant an employee of the
City.
13. Insurance.
a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of
operations by Consultant or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in
this Paragraph, or required by law.
b. Consultant shall procure and maintain the following minimum insurance coverages
and limits of liability for the Work:
Worker's Compensation Statutory Limits
Employer's Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Commercial General Liability $1,500,000 property damage and bodily injury per
occurrence
$2,000,000 general aggregate
$2,000,000 Products— Completed Operations
Aggregate
$100,000 fire legal liability each occurrence
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$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and
non-owed vehicles.)
Umbrella or Excess Liability $1,000,000
c. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance
shall cover liability arising from premises, operations, independent contractors,
products-completed operations, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another assumed in
a business contract). There shall be no endorsement or modification of the
Commercial General Liability form arising from pollution, explosion, collapse,
underground property damage or work performed by subcontractors.
d. Professional Liability Insurance. In addition to the coverages listed above,
Consultant shall maintain a professional liability insurance policy in the amount of
$2,000,000. Said policy need not name the City as an additional insured. It shall be
Consultant's responsibility to pay any retention or deductible for the professional
liability insurance. Consultant agrees to maintain the professional liability insurance
for a minimum of two (2) years following termination of this Agreement.
e. Consultant shall maintain "stop gap" coverage if Consultant obtains Workers'
Compensation coverage from any state fund if Employer's liability coverage is not
available.
f. All policies, except the Professional Liability Policy and Worker's Compensation
Policy, shall name the "City of Eden Prairie" as an additional insured on ISO forms
CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their
equivalent.
g. All policies, except the Professional Liability Policy, shall apply on a "per project"
basis.
h. All polices shall contain a waiver of subrogation in favor of the City.
i. All policies, except the Professional Liability Policy and Worker's Compensation
Policy, shall be primary and non-contributory.
j. All polices, except the Professional Liability Policy and Worker's Compensation
Policy, shall insure the defense and indemnity obligations assumed by Consultant
under this Agreement.
k. Consultant agrees to maintain all coverage required herein throughout the term of
the Agreement and for a minimum of two (2) years following City's written
acceptance of the Work.
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I. It shall be Consultant's responsibility to pay any retention or deductible for the
coverages required herein.
m. It shall be the Consultant's responsibility to notify City of policy cancellations, non-
renewal or restrictive modifications. Coverages shall not be cancelled or non-
renewed or restrictive modifications added, without thirty (30) days' prior notice to the
City, except that if the cancellation or non-renewal is due to non-payment, the
coverages may not be terminated or non-renewed without ten (10) days' prior notice
to the City.
n. Consultant shall maintain in effect all insurance coverages required under this
Paragraph at Consultant's sole expense and with insurance companies licensed to
do business in the state in Minnesota and having a current A.M. Best rating of no
less than A-, unless specifically accepted by City in writing.
o. A copy of the Consultant's Certificate of Insurance which evidences the
compliance with this Paragraph, must be filed with City prior to the start of
Consultant's Work. Upon request a copy of the Consultant's insurance declaration
page, Rider and/or Endorsement, as applicable shall be provided. Such documents
evidencing Insurance shall be in a form acceptable to City and shall provide
satisfactory evidence that Consultant has complied with all insurance requirements.
Renewal certificates shall be provided to City prior to the expiration date of any of the
required policies. City will not be obligated, however, to review such Certificate of
Insurance, declaration page, Rider, Endorsement or certificates or other evidence of
insurance, or to advise Consultant of any deficiencies in such documents and receipt
thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to
enforce the terms of Consultant's obligations hereunder. City reserves the right to
examine any policy provided for under this paragraph.
p. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide
the specified insurance, then Consultant will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and
expense (including reasonable attorney's fees and expenses of litigation) to the extent
necessary to afford the same protection as would have been provided by the specified
insurance. Except to the extent prohibited by law, this indemnity applies regardless of
any strict liability or negligence attributable to the City (including sole negligence) and
regardless of the extent to which the underlying occurrence (i.e., the event giving rise
to a claim which would have been covered by the specified insurance) is attributable to
the negligent or otherwise wrongful act or omission (including breach of contract) of
Consultant, its subcontractors, agents, employees or delegates. Consultant agrees
that this indemnity shall be construed and applied in favor of indemnification.
Consultant also agrees that if applicable law limits or precludes any aspect of this
indemnity, then the indemnity will be considered limited only to the extent necessary to
comply with that applicable law. The stated indemnity continues until all applicable
statutes of limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require
Consultant to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
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ii. Furnish a written acceptance of tender of defense and indemnity from
Consultant's insurance company.
Consultant will take the action required by the City within fifteen (15) days of receiving
notice from the City.
14. Indemnification. Consultant will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages,
costs and expenses, including a reasonable amount as and for its attorney's fees paid,
incurred or for which it may be liable resulting from any breach of this Agreement by
Consultant, its agents, contractors and employees, or any negligent or intentional act or
omission performed, taken or not performed or taken by Consultant, its agents,
contractors and employees, relative to this Agreement. City will indemnify and hold
Consultant harmless from and against any loss for injuries or damages arising out of the
negligent acts of the City, its officers, agents or employees.
15. Ownership of Documents. All plans, diagrams, analyses, reports and information
generated in connection with the performance of the Agreement ("Information") shall
become the property of the City, but Consultant may retain copies of such documents as
records of the services provided. The City may use the Information for its purposes and
the Consultant also may use the Information for its purposes. Use of the Information for
the purposes of the project contemplated by this Agreement ("Project") does not relieve
any liability on the part of the Consultant, but any use of the Information by the City or
the Consultant beyond the scope of the Project is without liability to the other, and the
party using the Information agrees to defend and indemnify the other from any claims or
liability resulting therefrom.
16. Non-Discrimination. During the performance of this Agreement, the Consultant shall
not discriminate against any employee or applicants for employment because of race,
color, creed, religion, national origin, sex, marital status, status with regard to public
assistance, disability, sexual orientation or age. The Consultant shall post in places
available to employees and applicants for employment, notices setting forth the provision
of this non-discrimination clause and stating that all qualified applicants will receive
consideration for employment. The Consultant shall incorporate the foregoing
requirements of this paragraph in all of its subcontracts for program work, and will
require all of its subcontractors for such work to incorporate such requirements in all
subcontracts for program work. The Consultant further agrees to comply with all aspects
of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the
Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990.
17. Compliance with Laws and Regulations. In providing services hereunder, the
Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the
provisions of services to be provided. Any violation of statutes, ordinances, rules and
regulations pertaining to the services to be provided shall constitute a material breach of
this Agreement and entitle the City to immediately terminate this Agreement.
18. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal or
equitable actions by either party. Unless the parties agree otherwise, the mediation shall
be in accordance with the Commercial Mediation Procedures of the American Arbitration
Association then currently in effect. A request for mediation shall be filed in writing with
7
the American Arbitration Association and the other party. No arbitration or legal or
equitable action may be instituted for a period of 90 days from the filing of the request for
mediation unless a longer period of time is provided by agreement of the parties. Cost
of mediation shall be shared equally between the parties. Mediation shall be held in the
City of Eden Prairie unless another location is mutually agreed upon by the parties. The
parties shall memorialize any agreement resulting from the mediation in a mediated
settlement agreement, which agreement shall be enforceable as a settlement in any
court having jurisdiction thereof.
19. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
20. Services Not Provided For. No claim for services furnished by the Consultant not
specifically provided for herein shall be honored by the City.
21. Severability. The provisions of this Agreement are severable. If any portion hereof is,
for any reason, held by a court of competent jurisdiction to be contrary to law, such
decision shall not affect the remaining provisions of this Agreement.
22. Entire Agreement. The entire agreement of the parties is contained herein. This
Agreement supersedes all oral agreements and negotiations between the parties
relating to the subject matter hereof as well as any previous agreements presently in
effect between the parties relating to the subject matter hereof. Any alterations,
amendments, deletions, or waivers of the provisions of this Agreement shall be valid
only when expressed in writing and duly signed by the parties, unless otherwise
provided herein.
23. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall
not affect, in any respect, the validity of the remainder of this Agreement.
24. Governing Law. This Agreement shall be controlled by the laws of the State of
Minnesota.
25. Conflicts. No salaried officer or employee of the City and no member of the Council of
the City shall have a financial interest, direct or indirect, in this Agreement. The violation
of this provision renders the Agreement void.
26. Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be considered an original.
Executed as of the day and year first written above.
8
CITY OF EDEN PRAIRIE
Mayor
City Manager
SRF CONSULTING GROUP, INC.
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9
EXHIBIT A-SCOPE OF WORK
E NGINEERS
�� ,ig DESIGNERS
Consulting Group,Inc.
February 6, 2014
Mr. Carter Schulze,PE
Senior Project Engineer
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55344
SUBJECT: PROPOSAL FOR PROFESSIONAL SERVICES FOR CITY WEST PARKWAY TRAIL CONNECTION
FINAL DESIGN AND IN-CONSTRUCTION SERVICES
Dear Mr. Schulze:
Based on our recent discussion,we understand that the City is requesting assistance with the design of a
multi-purpose trail connecting City West Parkway with a new trail on the United Health Group (UHG)
campus. The UHG trail network will include a future connection to the proposed Southwest LRT
station. We understand that for the purposes of this project UHG will act as the City's agent.
SCOPE OF WORK
The SRF team recently completed the Shady Oak Road and City West Parkway final design plans, and
we are very familiar with the project area. Our work includes all tasks necessary to deliver a final trail
design plan to the City for approval. We propose to carry out the work described as follows:
1. Project Management and Quality Control. Coordinate with City staff and UHG design team on the
trail project schedule. Provide day-to-day design oversight and quality control.
2. Surveying and Mapping. Compile existing topographic base mapping and supplement with field
surveys as needed.
3. Final Design. Provide final design and prepare construction plans, specifications, and cost
estimates for the proposed trail and all appurtenances,including removals,grading,retaining wall,
parking lot revisions, turf establishment, and storm sewer modifications. We will coordinate with
Braun Intertec (subconsultant) for geotechnical borings and recommendations. We will follow
MnDOT utility coordination guidelines.
4. Landscape Design. SRF will review UHG's proposed landscape design plans in the trail project
area and incorporate proposed plantings as appropriate.
5. Property Acquisition. Once the project limits have been defined, SRF will prepare and provide a
parcel acquisition exhibit and legal description to the City's attorney. Once the appraisal has been
approved by the City, SRF will negotiate with the property owner for acquisition. We assume the
City will lead condemnation actions, if necessary.
www.srfconsulting.corn
One Carlson Parkway North,Suite 150 I Minneapolis,MN 55447-4443 1763.475.0010 Fax:763.475.2429
An Equal Opportunity Employer
Mr. Carter Schulze, PE - 2- February 6, 2014
City of Eden Prairie
6. Permits. We will coordinate with Nine Mile Creek Watershed District staff to obtain any permits
necessary due to wetland impacts. We assume previously delineated wetland boundaries will be
acceptable and we have not included wetland delineation in our scope.
7. Coordination Meetings. We will plan to meet with City and UHG staff to coordinate design efforts
—assumes 3 meetings. We assume one meeting with City West Parkway neighborhood association
to discuss proposed trail improvements. We assume one meeting with City Planning staff or
Planning Commission to coordinate parking variance process for impacts to the apartment
parking lot.
8. Specifications and Contract Documents. SRF will prepare project specifications, cost estimates,
and bidding documents in the standard City format.
9. Bidding Administration. SRF will prepare the Ad for Bid, help bidders with questions as necessary,
attend the Bid Opening, and prepare a bid abstract to assist the City with the award process.
10. Construction Administration, Observation and Staking. SRF will coordinate all construction
administration activities and provide experienced personnel for on-site observation. Our survey
crew will stake the proposed improvements. We will also coordinate with Braun Intertec
(subconsultant) for materials testing services.
ASSUMPTIONS
In preparing our scope of work,we have made the following assumptions:
• Authorization to proceed will be given on or near February 19, 2014.
• Construction will be completed by October 31, 2014.
SCHEDULE
The scope of work included in this proposal includes all tasks necessary to complete the trail
construction by October 31, 2014, as shown below:
February 19, 2014 Notice to Proceed
April 1,2014 Preliminary design complete; construction limits established;
appraisal process starts
May 1, 2014 Appraisal complete; parcel acquisition offer made
June 1, 2014 Design complete;plans approved by the City; condemnation filed
July 1, 2014 Advertise the project
August 1, 2014 Open Bids
August 19, 2014 City Council awards the project
September 1, 2014 City obtains title and possession of project easement areas;
construction starts
October 31, 2014 Construction complete
Mr. Carter Schulze,PE -3- February 6, 2014
City of Eden Prairie
BASIS OF PAYMENT/BUDGET
We propose to be reimbursed for our services on an hourly basis for the actual time expended.
Other direct project expenses, such as printing, supplies, reproduction, etc., will be billed at cost, and
mileage will be billed at the current allowable IRS rate for business miles. Invoices are submitted on a
monthly basis for work performed during the previous month. Payment is due within 30 days.
Based on our understanding of the project and our scope of services, we estimate the cost of our
services to be as follows:
COST TASK
$ 9,246 1. Project Management and Quality Control
$ 2,405 2. Surveying and Mapping
$ 33,876 3. Final Design
$ 2,069 4. Landscape Design
$ 4,195 5. Property Acquisition
$ 2,305 6. Permits
$ 5,317 7. Coordination Meetings
$ 8,733 8. Specifications and Contract Documents
$ 2,753 9. Bidding Administration
$ 37,736 10. Construction Administration, Observation and Staking
$ 1,760 SRF Expenses
$ 5,214 Braun Intertec (Geotechnical subconsultant)
$115,609 TOTAL.
CHANGES IN THE SCOPE OF SERVICES
It is understood that if the scope or extent of work changes, the cost will be adjusted accordingly.
Before any out-of-scope work is initiated, however, we will submit a budget request for the new work
and will not begin work until we receive authorization from you.
ACCEPTANCE/NOTICE TO PROCEED
A signed copy of the City's Professional Services Agreement, either mailed or emailed to our office,will
serve as our notice to proceed.
Mr. Carter Schulze, PE - 4- February 6, 2014
City of Eden Prairie
We sincerely appreciate your consideration of this proposal and look forward to working with you on
this project. Please feel free to contact us if you have any questions or need additional information.
Sincerely,
SRF CONSULTING GROUP,INC.
it)
Matthew D. Hansen, PE (MN ID),LS (MN IA) es R. Dvorak,PE (MN MI)
Principal Vicc President
MDH/JRD/gjd
Enclosure: Scope of Services
This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost
estimate after 90 days from the date of this proposal.
SRF P14095
S.\Marketing\Proposals\2014 LeiterProposaIr\P14095_CitiWestParkwayTrailFinaIDesignConstrSris_012414 MDH.docx
S:\Marketing\Proposals\2014 Proposals\P14095 Eden Prairie City West Pkwy Trail\Scope spread sheet\UHG Trail scope FINAL 2-06-2014 xlsx PAGE 1
WORK TASKS AND PERSON-HOUR ESTIMATES 2/6/2014
CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC.
SUBCONSULTANT: BRAUN INTERTEC
PROJECT: City West Parkway Trail Connection
*****ESTIMATED PERSON-HOURS*****
ESTIMATED
TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE
1.0 PROJECT MANAGEMENT AND QUALITY CONTROL
Assumptions:
This task focuses on effective coordination of the project work to
assist in the decision-making process and maintain the scheduled
completion dates. It assumes Consultant involvement for 11
months from beginning of design work(February 2014)to end of
construction(December 2014).
1.1 General day-to-day project management and administration 4 12 0 0 0 0 0 16
including work-planning,staff scheduling and coordination of
tasks(11 months).
1.2 Establish ongoing project coordination with Eden Prairie and UHG 4 20 0 0 0 0 0 24
keeping stakeholders fully informed of the project status for the
entire length of the project. Coordinate project activities with the
following as necessary(11 months):
- City of Eden Prairie
- United Health Group(UHG)design team
- Private Utilities
-Other Agencies as Required
1.3 Prepare project schedule and update status on a monthly basis. 0 6 0 0 0 0 0 6
1.4 Conduct internal QA/QC peer reviews during the project.,SRF will 0 8 12 0 4 0 0 24
not submit documents for review prior to completion of internal
QC review.Assume reviews will occur at 60%and 100%Plan
submittals.
SUBTOTAL-TASK 1 8 46 12 0 4 0 0 70 $9,246
S:\Marketing\Proposals\2014 Proposals\P14095 Eden Prairie City West Pkwy Trail\Scope spread sheet\UHG Trail scope FINAL 2-06-2014.xlsx PAGE 2
WORK TASKS AND PERSON-HOUR ESTIMATES 2/6/2014
CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC.
SUBCONSULTANT: BRAUN INTERTEC
PROJECT: City West Parkway Trail Connection
*****ESTIMATED PERSON-HOURS*****
ESTIMATED
TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE
2.0 SURVEYING AND MAPPING
2.1 Design Surveys:Perform topographic field surveys in the project 0 2 0 0 0 8 0 10
area to supplement existing mapping data from adjacent projects.
2.2 Utility mapping:Conduct utility field surveys to determine the type 0 0 0 0 0 4 0 4
and location of existing utilities within the project area for design
purposes. Add existing utilities to basemapping.
2.3 Amend existing digital terrain model(DTM). 0 1 0 0 0 8 0 9
SUBTOTAL-TASK 2 0 3 0 0 0 20 0 23 $2,405
3.0 FINAL DESIGN
Assumptions:
Trail location will be based on preliminary drawings provided by
the City and UHG.
Plans will be submitted to the City and UHG at 60%and 100%for
review and comment.
3.1 Develop Trail Pavement Design and Typical Sections based on 0 0 1 0 4 0 0 5
subsurface soil correction and geotechnical recommendations.
3 2 Conduct Gopher State One Call(GSOC)to verify all utility owners 0 0 1 0 4 2 0 7
within the project area. Collect and compile record drawings
provided by utility owners. Add private utilities to base mapping.
Identify utility owner representatives and prepare private utility
coordination log to track all utilities within the project area.
3.3 Coordinate with geotechnical engineer. Identify project area and 0 4 6 0 0 0 0 10
assist with soil boring layout. Review geotechnical report and
provide review comments. Confirm geotech recommendations
and sub surface soil corrections. Provide copy of geotechnical
report to City and UHG for review and coordinate revisions as
needed.
S:\Marketing\Proposals\2014 Proposals\P14095 Eden Prairie City West Pkwy Trail\Scope spread sheet\UHG Trail scope FINAL 2-06-2014 xlsx PAGE 3
WORK TASKS AND PERSON-HOUR ESTIMATES 2/6/2014
CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC.
SUBCONSULTANT: BRAUN INTERTEC
PROJECT: City West Parkway Trail Connection
*****ESTIMATED PERSON-HOURS"""
ESTIMATED
TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE
3.4 Develop trail Cross Sections from alignment,profile,geometry 0 2 4 12 0 0 0 18
and superelevation. Cross sections to show existing and
proposed surfaces,including the retaining wall and subsurface
soil correction.
3.5 Structural Design/Retaining wall design 1 12 0 48 0 24 0 85
Assume wall is approximately 90 feet long.
Assume existing bridge wingwall to remain in place.
Assume the wall is approximately 8 feet tall and will not require
geogrid reinforcement.
Assume soil borings and recommendations to be provided by
Braun Intertec.
Assume the wall is designated as contractor design.
Assume alignments and profiles to be created by civil design
team.
Conduct wall type study based on geotech recommendations
Develop plans and special provisions for one large block wall
Create a plan and profile sheet for the wall
Develop general notes sheet for the wall
3.6 Prepare necessary construction details,identify necessary utility 1 20 40 80 0 40 0 181
relocations and adjustments,develop draft plan set including:
Title Sheet
Statement of Estimated Quantities
Construction Soils Notes and Earthwork Summary
Typical Sections
Standard Plan Sheets
Miscellaneous Details
Existing Topography,Utilities and Removals
Alignment Plan and Tabulations
Construction Plan and Profile
Turf Establishment and Erosion Control
Cross Sections
3.7 Submit plans to City and UHG for review and comment(60%and 0 2 8 0 0 4 4 18
100%). Incorporate all design revisions.
SUBTOTAL-TASK 3 2 40 60 140 8 70 4 324 $33,876
S:dslarketing\Proposals\2014 Proposals\P14095 Eden Prairie City West Pkwy Trail\Scope spread sheet\UHG Trail scope FINAL 2-08-2014 xlsx PAGE 4
WORK TASKS AND PERSON-HOUR ESTIMATES 2/6/2014
CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC.
SUBCONSULTANT: BRAUNINTERTEC
PROJECT: City West Parkway Trail Connection
*****ESTIMATED PERSON-HOURS*****
ESTIMATED
TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSQQ ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE
4.0 LANDSCAPE DESIGN
Assumptions:
Preliminary landscape plan to be provided by UHG.
No irrigation in landscaped areas.
4.1 Review existing site conditions and identify site features which 0 1 2 0 0 0 0 3
may influence landscaping private property characteristics,
general land use,and sensitive environmental areas.
4.2 Prepare landscape plans and specifications based on preliminary 1 0 12 0 0 0 0 13
design provided by UHG including all necessary details,notes
and estimated quantities.
4.3 Provide plans to City and UHG for review and comment. 0 0 2 0 0 rt 0 2
Incorporate all design revisions.
SUBTOTAL-TASK 4 1 1 16 0 0 0 0 16 $2,069
5.0 PROPERTY ACQUISITION
Assumptions:
One Parcel,requiring up to 1 permanent easement and 1
Temporary Easement.
City staff and City attorney will be responsible for obtaining
property title information and all appraisal requirements and
review appraisal tasks if necessary.
5.1 Project administration including management of RW field agents, 6 0 0 0 0 0 0 6
coordination with civil design team,preparation of and updates to
Parcel Status Worksheet,preparation of initial property owner
contact letter,and preparation of Just Compensation Memo
(assumes 1 parcel).
5.2 Prepare legal description and sketch of proposed property 0 4 0 0 0 2 0 6
acquisition(assume 1 parcel).
SA Marketing Proposals\P14095 Eden Prairie City West Pkwy Trail\Scope spread sheet\UHG Trail scope FINAL 2-06-2014 xlsx PAGE 5
WORK TASKS AND PERSON-HOUR ESTIMATES 2/6/2014
CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC.
SUBCONSULTANT: BRAUN INTERTEC
PROJECT: City West Parkway Trail Connection
*****ESTIMATED PERSON-HOURS
ESTIMATED
TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF TECHNICAL CLERICAL TOTALS FEE
5.3 Perform field surveying to stake existing parcel boundaries and 0 1 0 0 0 4 0 5
proposed easements to assist in appraisals and property
acquisition negotiations.
5.4 Field Title Investigation. 0 0 0 4 0 0 0 4
5 5 Appraisal Services will be coordinated by the City. Hours in this 0 0 0 2 0 0 0 2
task are for portions of the work to be performed by SRF staff to
assist with the appraisal process.
5.6 Property Owner Negotiations: 1 0 0 10 0 0 2 13
- Offer packages
- Offers(review-mail)
- Good Faith Negotiations
-Administrative Settlements
- Mortgage Involvement(assumed 1 mortgage companies for
permanent easement)
- Last Written Offers
SUBTOTAL-TASK 5 7 5 0 16 0 6 2 36 $4,195
6.0 PERMITS
Assumptions:
Previously delineated wetland boundaries are acceptable for the
purposes of the permit applications.
No wetland impacts
Disturbed acreage is less than 1 acre and no NPDES permit is
needed;therefore a SWPPP is not required
Less than 1 acre of new impervious,therefore stormwater permit
is not needed from Nine Mile Creek Watershed District
An erosion control permit will be needed from Nine Mile Creek
Watershed District for disturbances greater than 5,000 sq.ft.or
excavation of 50 CY of material
6.1 Coordinate,prepare and submit permit application for NMCWD 0 2 16 0 0 2 1 21
Permit for erosion control.
SUBTOTAL-TASK 6 0 2 16 0 0 2 1 21 $2,305
S:\Marketing\Proposals\2014 Proposals\P14095 Eden Prairie City West Pkwy Trail\Scope spread sheet\UHG Trail scope FINAL 2-06-2014 xlsx PAGE 6
WORK TASKS AND PERSON-HOUR ESTIMATES 2/6/2014
CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC.
SUBCONSULTANT: BRAUN INTERTEC
PROJECT: City West Parkway Trail Connection
ESTIMATED PERSON-HOURS*****
ESTIMATED
TASK NO, WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE
7.0 COORDINATION MEETINGS
7.1 Design and coordination meetings with City and UHG staff 6 9 9 0 0 0 0 24
(assume 3 meetings x 3 staff)
7.2 Coordination meeting with City West Parkway neighborhood 2 4 4 0 0 0 0 10
association(assume 1 meeting x 3 staff).
7.3 Attend and present at one City Planning Commission meeting to 0 4 0 0 0 2 0 6
coordinate parking variance(assume 1 meeting x 1 staff).
SUBTOTAL-TASK 7 8 17 13 0 0 2 0 40 $5,317
8.0 SPECIFICATIONS AND CONTRACT DOCUMENTS
8.1 Prepare contract documents and specifications of a form and 0 24 12 0 0 0 4 40
substance required by the City. Submit to the City and UHG for
review and comment with the 100%Plans.
8.2 Revise contract documents to reflect comments and resubmit for 0 4 0 0 0 0 2 6
final approval.
8.3 Prepare opinion of probable construction costs and submit to the 0 2 , 10 0 16 0 0 28
City and UHG for review and comment with the 60%and 100%
Plans.
8.4 Revise construction cost estimate to reflect comments and 0 1 2 0 2 U U 5
resubmit for final approval.
SUBTOTAL-TASK 8 0 31 24 0 18 0 6 79 $8,733
S:\Marketing\Proposals\2014 Proposals1P14095 Eden Prairie City West Pkwy Trail\.Scope spread sheet\UHG Trail scope FINAL 2-06-2014 xlsx PAGE 7
WORK TASKS AND PERSON-HOUR ESTIMATES 2/6/2014
CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC.
SUBCONSULTANT: BRAUN INTERTEC
PROJECT: City West Parkway Trail Connection
*****ESTIMATED PERSON-HOURS*****
ESTIMATED
TASK N-Q* WORK TASK DESCRIPTION PRINCIPAL SR.ASSOC. ASSOCIATE SR.PROF PROF. TECHNICAL CLERICAL TOTALS FEE
9.0 BIDDING ADMINISTRATION
9.1 Prepare Advertisement for Bids and Post Contract Documents on 0 li 2 2 0 0 1 5
QuestCDN
9.2 Answer bidders questions and issue addenda as necessary. 0 2 8 0 0 2 1 13
9.3 Attend bid opening(1 person)and prepare bid abstract. Assist 0 0 4 0 4 0 1 9
City with pre and post award processes.
SUBTOTAL-TASK 9 0 2 14 2 4 2 3 27 $2,753
10.0 CONSTRUCTION SERVICES
10.1 Construction administration 4 0 30 0 0 0 0 34
10.2 Construction observation 0 0 0 0 0 260 0 260
10.3 Construction staking. 0 4 0 0 0 72 0 76
SUBTOTAL-TASK 10 4 4 30 0 0 332 0 370 $37,736
TOTAL ESTIMATED PERSON-HOURS 30 151 185 158 34 434 16 1008 $108,635
AVERAGE HOURLY BILLING RATES $174 $135 $110 $97 $81 $100 $75
ESTIMATED LABOR AND OVERHEAD $5,220 $20,385 $20,350 $15,326 $2,754 $43,400 $1,200 $108,635
ESTIMATED DIRECT NON-SALARY EXPENSES $6,974
TOTAL ESTIMATED FEE $115,609
vasa�=a
S:\Marketing\Proposals\2014 Proposals\P14095 Eden Prairie City West Pkwy Trail\Scope spread sheet\UHG Trail scope FINAL 2-06-2014 xlsx PAGE 8
WORK TASKS AND PERSON-HOUR ESTIMATES 2/6/2014
CLIENT: CITY OF EDEN PRAIRIE CONSULTANT: SRF CONSULTING GROUP,INC.
SUBCONSULTANT: BRAUN INTERTEC
PROJECT: City West Parkway Trail Connection
*****ESTIMATED PERSON-HOURS*****
ESTIMATED
TASK NO. WORK TASK DESCRIPTION PRINCIPAL SR ASSOC ASSOCIATE R.PROF PROF. TECHNICAL CLERICAL TOTALS FEE
ESTIMATE OF DIRECT NON-SALARY EXPENSES:
MILEAGE: Personal Vehicles 2000 Miles @ $0.560 $1,120
REPRODUCTION: Copy Duplication 500 Copies @ $0 10 $50
SURVEY SUPPLIES $100
MORTGAGE FEES: 1 applications @ $400 per application $400
POSTAGE: $50
RECORDATION: $40
SUBCONSULTANTS:
Braun Intertec(geotechnical investigation and report) $2,650
Braun Intertec(construction materials testing) $2,564
ESTIMATED DIRECT NON-SALARY EXPENSES $6,974
SUMMARY
1.0 PROJECT MANAGEMENT AND QUALITY CONTROL $1,392 $6,210 $1,320 $0 $324 $0 $0 $9,246
2.0 SURVEYING AND MAPPING $0 $405 $0 $0 $0 $2,000 $0 $2,405
3.0 FINAL DESIGN $348 $5,400 $6,600 $13,580 $648 $7,000 $300 $33,876
4.0 LANDSCAPE DESIGN $174 $135 $1,760 $0 $0 $0 $0 $2,069
5.0 PROPERTY ACQUISITION $1,218 $675 $0 $1,552 $0 $600 $150 $4,195
6.0 PERMITS $0 $270 $1,760 $0 $0 $200 $75 $2,305
7.0 COORDINATION MEETINGS $1,392 $2,295 $1,430 $0 $0 $200 $0 $5,317
8.0 SPECIFICATIONS AND CONTRACT DOCUMENTS $0 $4,185 $2,640 $0 $1,458 $0 $450 $8,733
9.0 BIDDING ADMINISTRATION $0 $270 $1,540 $194 $324 $200 $225 $2,753
10.0 CONSTRUCTION SERVICES $696 $540 $3,300 $0 $0 $33,200 $0 $37,736
ESTIMATED DIRECT NON-SALARY EXPENSES $6,974
TOTAL $115,609
EXHIBIT B
Acknowledgment
United HealthCare Services, Inc. ("United Health") hereby acknowledges and agrees:
That, pursuant to its Development Agreement with the City of Eden Prairie ("City")dated
March 6, 2012 ("Development Agreement"), United Health was required to acquire the
necessary easement for and to construct the City West Parkway Trail Connection (the "Work");
and
That, United Health has requested that the City undertake this Work and assess the cost
to United Health under the Phase I Assessments as referred to in the Development Agreement;
and
That, United Health hereby accepts the designation as the City's agent with respect to
the Work as set forth in paragraph 2 of this Agreement.
UNITED HEALTHCARE SERVICES, INC.
By 1 t
Its: ViCe.—
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda February 18, 2014
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.F.
Rick Wahlen Award Contract to Advanced Engineering&
Public Works/Utilities Environmental Services for the Preliminary
Modeling and Planning of a New Drinking
Water Ground Storage Reservoir
Requested Action
Move to: Award Contract to Advanced Engin eering and Environm ental Services (AE2S), for
performing digital water system modelling and performing preliminary design planning for the
construction of a new drinking water reservoir in the amount of$24,500.
Synopsis
Eden Prairie requires a fourth drinking water storage reservoir to serve the needs to the city's
water consumption demand and to provide sufficient fire protection, especially during peak
seasonal water use periods and when one of the other existing reservoirs is out-of-service for
maintenance. The project is included in the city's 2012 Capital Improvements Budget for
construction in calendar year 2016.
Background Information
Eden Prairie's first water storage tank was Baker Road Water Reservoir constructed in 1973. By
1980, the city's growth demanded additional capacity, and the Hidden Ponds water tower was
built on Dell Road. During each of the water treatment plant expansions in 1980, 1988, and
1996, additional storage was also added at the facility, and our third elevated tank on Singletree
Lane was constructed between 1994 and 1996 which served as our last expansion of storage
capacity. By 2012, our annual water consumption increased 646 million gallons over 1996
values and our peak daily production was 3.9 million gallons greater. Continuing to safely
provide reliable and consistent water service depends on having sufficient storage, and with our
existing system, having one tank out of service for repainting,repair, or cleaning greatly impacts
our ability to serve the public. As our system ages, repair frequencies of our system will increase,
exacerbating this concern.
Staff recommends approval of the engineering modeling, siting recommendation and preliminary
design estimate by AE2S to be paid from the Water Utility Fund.
Attachments
• Professional Services Agreement with AE2S
• Exhibit"A"Proposal for Engineering Services
Standard Agreement for Professional Services
This Agreement ("Agreement") is made on the I eitk' day of February, 2014, between the City
of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road,
Eden Prairie, MN 55344, and Advanced Engineering & Environmental Services (AE2S), Inc., a
North Dakota Corporation (hereinafter "Consultant") whose business address is 6901 East Fish
Lake Road, Suite 184, Maple Grove, MN 55369.
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of consultants to provide a
variety of professional services for City projects. That policy requires that persons, firms or
corporations providing such services enter into written agreements with the City. The purpose
of this Agreement is to set forth the terms and conditions for the provision of professional
services by Consultant for Ground Storage Reservoir — System Modeling and Planning
hereinafter referred to as the "Work".
The City and Consultant agree as follows:
1. Scope of Work. The Consultant agrees to provide the professional services shown in
Exhibit A (Proposal Dated December 12, 2013) in connection with the Work. The terms
of this Agreement shall take precedence over any provisions of the Consultants proposal
and/or general conditions. If the Consultants proposal is attached as the Exhibit A
Scope of Work, City reserves the right to reject any general conditions in such proposal.
2. Term. The term of this Agreement shall be from February 19, 2014 through _
May 20, 2014 the date of signature by the parties notwithstanding. This Agreement may
be extended upon the written mutual consent of the parties for such additional period as
they deem appropriate, and upon the terms and conditions as herein stated.
3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus
expenses in a total amount not to exceed $24,500 for the services as described in
Exhibit A.
A. Any changes in the scope of the work which may result in an increase to the
compensation due the Consultant shall require prior written approval by an
authorized representative of the City or by the City Council. The City will not pay
additional compensation for services that do not have prior written authorization.
B. Special Consultants may be utilized by the Consultant when required by the
complex or specialized nature of the Project and when authorized in writing by
the City.
C. If Consultant is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for
performance shall be extended by a period of time lost by reason of the delay.
Consultant will be entitled to payment for its reasonable additional charges, if
any, due to the delay.
4. City Information. The City agrees to provide the Consultant with the complete
information concerning the Scope of the Work and to perform the following services:
A. Access to the Area. Depending on the nature of the Work, Consultant may from
time to time require access to public and private lands or property. As may be
necessary, the City shall obtain access to and make all provisions for the
Consultant to enter upon public and private lands or property as required for the
Consultant to perform such services necessary to complete the Work.
B. Consideration of the Consultant's Work. The City shall give thorough
consideration to all reports, sketches, estimates, drawings, and other documents
presented by the Consultant, and shall inform the Consultant of all decisions
required of City within a reasonable time so as not to delay the work of the
Consultant.
C. Standards. The City shall furnish the Consultant with a copy of any standard or
criteria, including but not limited to, design and construction standards that may
be required in the preparation of the Work for the Project.
D. City's Representative. A person shall be appointed to act as the City's
representative with respect to the work to be performed under this Agreement.
He or she shall have complete authority to transmit instructions, receive
information, interpret, and define the City's policy and decisions with respect to
the services provided or materials, equipment, elements and systems pertinent to
the work covered by this Agreement.
5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an
itemized invoice for professional services performed under this Agreement. Invoices
submitted shall be paid in the same manner as other claims made to the City for:
A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall
indicate for each employee, his or her name, job title, the number of hours
worked, rate of pay for each employee, a computation of amounts due for each
employee, and the total amount due for each project task. Consultant shall verify
all statements submitted for payment in compliance with Minnesota Statutes
Sections 471.38 and 471.391. For reimbursable expenses, if provided for in
Exhibit A, the Consultant shall provide an itemized listing and such
documentation as reasonably required by the City. Each invoice shall contain
the City's project number and a progress summary showing the original (or
amended) amount of the contract, current billing, past payments and
unexpended balance of the contract.
B. Suspended Work. If any work performed by the Consultant is suspended in
whole or in part by the City, the Consultant shall be paid for any services set forth
on Exhibit A performed prior to receipt of written notice from the City of such
suspension.
C. Payments for Special Consultants. The Consultant shall be reimbursed for the
work of special consultants, as described herein, and for other items when
authorized in writing by the City.
Standard Agreement for Professional Services 2013.12 Page 2 of 9
D. Claims. To receive any payment on this Agreement, the invoice or bill must
include the following signed and dated statement: "I declare under penalty of
perjury that this account, claim, or demand is just and correct and that no part of
it has been paid."
6. Project Manager and Staffing. The Consultant has designated Jason Benson and
Brian Weiss to serve on the Project. They shall be assisted by other staff members as
necessary to facilitate the completion of the Work in accordance with the terms
established herein. Consultant may not remove or replace the designated staff from the
Project without the approval of the City.
7. Standard of Care. Consultant shall exercise the same degree of care, skill and
diligence in the performance of its services as is ordinarily exercised by members of the
profession under similar circumstances in Hennepin County, Minnesota. Consultant
shall be liable to the fullest extent permitted under applicable law, without limitation, for
any injuries, loss, or damages proximately caused by Consultant's breach of this
standard of care. Consultant shall put forth reasonable efforts to complete its duties in a
timely manner. Consultant shall not be responsible for delays caused by factors beyond
its control or that could not be reasonably foreseen at the time of execution of this
Agreement. Consultant shall be responsible for costs, delays or damages arising from
unreasonable delays in the performance of its duties.
8. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or
prepared or assembled by the Consultant under this Agreement which the City requests
to be kept confidential, shall not be made available to any individual or organization
without the City's prior written approval. The books, records, documents and accounting
procedures and practices of the Consultant or other parties relevant to this Agreement
are subject to examination by the City and either the Legislative Auditor or the State
Auditor for a period of six (6) years after the effective date of this Agreement. This
Agreement is subject to the Minnesota Government Data Practice Act, Minnesota
Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data
Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used,
maintained, or disseminated by Consultant in performing any of the functions of the City
during performance of this Agreement is subject to the requirements of the Data Practice
Act and Consultant shall comply with those requirements as if it were a government
entity. All subcontracts entered into by Consultant in relation to this Agreement shall
contain similar Data Practices Act compliance language.
9. Termination. This Agreement may be terminated by either party by seven (7) days
written notice delivered to the other party at the address written above. Upon
termination under this provision, if there is no fault of the Consultant, the Consultant shall
be paid for services rendered and reimbursable expenses until the effective date of
termination. If however, the City terminates the Agreement because the Consultant has
failed to perform in accordance with this Agreement, no further payment shall be made
to the Consultant, and the City may retain another consultant to undertake or complete
the Work identified herein.
10. Subcontractor. The Consultant shall not enter into subcontracts for services provided
under this Agreement except as noted in the Scope of Work, without the express written
consent of the City. The Consultant shall pay any subcontractor involved in the
Standard Agreement for Professional Services 2013.12 Page 3 of 9
performance of this Agreement within ten (10) days of the Consultant's receipt of
payment by the City for undisputed services provided by the subcontractor. If the
Consultant fails within that time to pay the subcontractor any undisputed amount for
which the Consultant has received payment by the City, the Consultant shall pay interest
to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any
part of a month. The minimum monthly interest penalty payment for an unpaid balance
of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall
pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in
a civil action to collect interest penalties from the Consultant shall be awarded its costs
and disbursements, including attorney's fees, incurred in bringing the action.
11. Independent Consultant. Consultant 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 Consultant 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 the Consultant an employee of the
City.
12. Insurance.
A. General Liability. Prior to starting the Work, Consultant shall procure, maintain
and pay for such insurance as will protect against claims or loss which may arise
out of operations by Consultant or by any subcontractor or by anyone employed
by any of them or by anyone for whose acts any of them may be liable. Such
insurance shall include, but not be limited to, minimum coverages and limits of
liability specified in this Paragraph, or required by law. The policy(ies) shall
name the City as an additional insured for the services provided under this
Agreement and shall provide that the Consultant's coverage shall be primary and
noncontributory in the event of a loss.
B. Consultant shall procure and maintain the following minimum insurance
coverages and limits of liability on this Project:
Worker's Compensation Statutory Limits
Employer's Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Comprehensive General
Liability $1,500,000 property damage and bodily injury
per occurrence
$2,000,000 general aggregate
$2,000,000 Products —Completed Operations
Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Standard Agreement for Professional Services 2013.12 Page 4 of 9
Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and
non-owed vehicles.)
Umbrella or Excess Liability $1,000,000
C. The Comprehensive General/Commercial General Liability policy(ies) shall be
equivalent in coverage to ISO form CG 0001, and shall include the following:
a. Premises and Operations coverage with no explosions, collapse, or
underground damage exclusion (XCU).
b. Products and Completed Operations coverage. Consultant agrees to
maintain this coverage for a minimum of two (2) years following
completion of its work. Said coverage shall apply to bodily injury and
property damage arising out of the products-completed operations
hazard.
c. Personal injury with Employment Exclusion (if any) deleted.
d. Broad Form CG0001 0196 Contractual Liability coverage, or its
equivalent.
e. Broad Form Property Damage coverage, including completed operations,
or its equivalent.
f. Additional Insured Endorsement(s), naming the "City of Eden Prairie" as
an Additional Insured, on ISO forms CG 2010 07 04 and CG 2037 07 04,
or their equivalent.
g. If the Work to be performed is on an attached community, there shall be
no exclusion for attached or condominium projects.
h. "Stop gap" coverage for work in those states where Workers'
Compensation insurance is provided through a state fund if Employer's
liability coverage is not available.
Severability of Insureds provision.
D. Professional Liability Insurance. The Consultant agrees to provide to the City a
certificate evidencing that they have in effect, with an insurance company in good
standing and authorized to do business in Minnesota, a professional liability
insurance policy. Said policy shall insure payment of damage for legal liability
arising out of the performance of professional services for the City. Said policy
shall provide an aggregate limit of$2,000,000. Said policy shall not name the
City as an insured.
E. Consultant shall maintain in effect all insurance coverages required under this
Paragraph at Consultant's sole expense and with insurance companies licensed
to do business in the state in Minnesota and having a current A.M. Best rating of
no less than A-, unless specifically accepted by City in writing. In addition to the
requirements stated above, the following applies to the insurance policies
required under this Paragraph:
Standard Agreement for Professional Services 2013.12 Page 5 of 9
a. All policies, except the Professional Liability Insurance policy, shall be
written on an "occurrence" form ("claims made" and "modified occurrence"
forms are not acceptable);
b. All policies, except the Professional Liability Insurance policy, shall be
apply on a "per project" basis;
c. All policies, except the Professional Liability Insurance and Worker's
Compensation Policies, shall contain a waiver of subrogation naming "the
City of Eden Prairie";
d. All policies, except the Professional Liability Insurance and Worker's
Compensation Policies, shall name "the City of Eden Prairie" as an
additional insured;
e. All policies, except the Professional Liability Insurance and Worker's
Compensation Policies, shall insure the defense and indemnity
obligations assumed by Consultant under this Agreement; and
f. All polices shall contain a provision that coverages afforded there under
shall not be canceled or non-renewed, nor shall coverage limits be
reduced by endorsement, without thirty (30) days prior written notice to
the City.
A copy of the Consultant's Certificate of Insurance which evidences the
compliance with this Paragraph, must be filed with City prior to the start of
Consultant's Work. Upon request a copy of the Consultant's insurance
declaration page, Rider and/or Endorsement, as applicable shall be provided.
Such documents evidencing Insurance shall be in a form acceptable to City and
shall provide satisfactory evidence that Consultant has complied with all
insurance requirements. Renewal certificates shall be provided to City prior to
the expiration date of any of the required policies. City will not be obligated,
however, to review such Certificate of Insurance, declaration page, Rider,
Endorsement or certificates or other evidence of insurance, or to advise
Consultant of any deficiencies in such documents and receipt thereof shall not
relieve Consultant from, nor be deemed a waiver of, City's right to enforce the
terms of Consultant's obligations hereunder. City reserves the right to examine
any policy provided for under this paragraph.
F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide
the specified insurance, then Consultant will defend, indemnify and hold harmless
the City, the City's officials, agents and employees from any loss, claim, liability
and expense (including reasonable attorney's fees and expenses of litigation) to
the extent necessary to afford the same protection as would have been provided
by the specified insurance. Except to the extent prohibited by law, this indemnity
applies regardless of any strict liability or negligence attributable to the City
(including sole negligence) and regardless of the extent to which the underlying
occurrence (i.e., the event giving rise to a claim which would have been covered by
the specified insurance) is attributable to the negligent or otherwise wrongful act or
omission (including breach of contract) of Consultant, its subcontractors, agents,
employees or delegates. Consultant agrees that this indemnity shall be construed
and applied in favor of indemnification. Consultant also agrees that if applicable
law limits or precludes any aspect of this indemnity, then the indemnity will be
Standard Agreement for Professional Services 2013.12 Page 6 of 9
considered limited only to the extent necessary to comply with that applicable law.
The stated indemnity continues until all applicable statutes of limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require
Consultant to:
a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
b. Furnish a written acceptance of tender of defense and indemnity from
Consultant's insurance company.
Consultant will take the action required by the City within fifteen (15) days of
receiving notice from the City.
13. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers,
and employees harmless from any liability, claims, damages, costs, judgments, or
expenses, including reasonable attorney's fees, to the extent attributable to a negligent
or otherwise wrongful act or omission (including without limitation professional errors or
omissions) of the Consultant, its agents, employees, or subcontractors in the
performance of the services provided by this Agreement and against all losses by
reason of the failure of said Consultant fully to perform, in any respect, all obligations
under this Agreement. Consultant further agrees to indemnity the City for defense costs
incurred in defending any claims, unless the City is determined to be at fault.
14. Ownership of Documents. All plans, diagrams, analyses, reports and information
generated in connection with the performance of the Agreement ("Information") shall
become the property of the City, but Consultant may retain copies of such documents as
records of the services provided. The City may use the Information for its purposes and
the Consultant also may use the Information for its purposes. Use of the Information for
the purposes of the project contemplated by this Agreement ("Project") does not relieve
any liability on the part of the Consultant, but any use of the Information by the City or
the Consultant beyond the scope of the Project is without liability to the other, and the
party using the Information agrees to defend and indemnify the other from any claims or
liability resulting therefrom.
15. Non-Discrimination. During the performance of this Agreement, the Consultant shall
not discriminate against any employee or applicants for employment because of race,
color, creed, religion, national origin, sex, marital status, status with regard to public
assistance, disability, sexual orientation or age. The Consultant shall post in places
available to employees and applicants for employment, notices setting forth the provision
of this non-discrimination clause and stating that all qualified applicants will receive
consideration for employment. The Consultant shall incorporate the foregoing
requirements of this paragraph in all of its subcontracts for program work, and will
require all of its subcontractors for such work to incorporate such requirements in all
subcontracts for program work. The Consultant further agrees to comply with all aspects
of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the
Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990.
16. Compliance with Laws and Regulations. In providing services hereunder, the
Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the
provisions of services to be provided. Any violation of statutes, ordinances, rules and
Standard Agreement for Professional Services 2013.12 Page 7 of 9
regulations pertaining to the services to be provided shall constitute a material breach of
this Agreement and entitle the City to immediately terminate this Agreement.
17. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal or
equitable actions by either party. Unless the parties agree otherwise, the mediation shall
be in accordance with the Commercial Mediation Procedures of the American Arbitration
Association then currently in effect. A request for mediation shall be filed in writing with
the American Arbitration Association and the other party. No arbitration or legal or
equitable action may be instituted for a period of 90 days from the filing of the request for
mediation unless a longer period of time is provided by agreement of the parties. Cost
of mediation shall be shared equally between the parties. Mediation shall be held in the
City of Eden Prairie unless another location is mutually agreed upon by the parties. The
parties shall memorialize any agreement resulting from the mediation in a mediated
settlement agreement, which agreement shall be enforceable as a settlement in any
court having jurisdiction thereof.
18. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
19. Services Not Provided For. No claim for services furnished by the Consultant not
specifically provided for herein shall be honored by the City.
20. Severability. The provisions of this Agreement are severable. If any portion hereof is,
for any reason, held by a court of competent jurisdiction to be contrary to law, such
decision shall not affect the remaining provisions of this Agreement.
21. Entire Agreement. The entire agreement of the parties is contained herein. This
Agreement supersedes all oral agreements and negotiations between the parties
relating to the subject matter hereof as well as any previous agreements presently in
effect between the parties relating to the subject matter hereof. Any alterations,
amendments, deletions, or waivers of the provisions of this Agreement shall be valid
only when expressed in writing and duly signed by the parties, unless otherwise
provided herein.
22. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall
not affect, in any respect, the validity of the remainder of this Agreement.
23. Governing Law. This Agreement shall be controlled by the laws of the State of
Minnesota.
24. Conflicts. No salaried officer or employee of the City and no member of the Council of
the City shall have a financial interest, direct or indirect, in this Agreement. The violation
of this provision renders the Agreement void.
25. Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be considered an original.
Executed as of the day and year first written above.
Standard Agreement for Professional Services 2013.12 Page 8 of 9
CITY OF EDEN PRAIRIE
•
Mayor
City Manager
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Standard Agreement for Professional Services 2013.12 Page 9 of 9
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www.eq2 .com
December 12, 2013
Mr. Rick Wahlen
Manager of Utility Operations
City of Eden Prairie
14100 Technology Drive
Eden Prairie, MN 55344-2230
RE: Proposal for Professional Engineering Services
Ground Storage Reservoir—System Modeling and Planning
Dear Mr. Wahlen:
Advanced Engineering and Environmental Services, Inc. (AE2S) is pleased to submit this letter
proposal to the City of Eden Prairie for professional engineering services for ground storage
reservoir system modeling and planning. Our understanding of the project and our proposed
scope of services and associated fee are presented below.
PROJECT UNDERSTANDING
The purpose of this project is to explore the benefits for the addition of a ground storage
reservoir to the City of Eden Prairie water system and determine the appropriate sizing and
required system improvements for the addition of a reservoir.
The first step in this project will be to update they hydraulic model for the water distribution
system, Once the hydraulic model update is complete we will review current and future water
demand projections, establish water storage criteria, determine storage needs, and analyze the
pumping capacity required to meet those demands.
Following establishment of the storage needs a hydraulic analysis will be completed for potential
reservoir sites determined by the City staff. A review of the sites will be completed based upon
the hydraulic analysis and system improvements that are required. Once the analysis is
complete a opinion of probable project cost will be prepared along with a technical
memorandum.
PROPOSED SCOPE OF SERVICES
The scope for the ground storage reservoir planning can be broken up into the following major
tasks:
• Hydraulic Model Update
• Determine Storage and Pumping Requirements
• Hydraulic Analysis of Reservoir Sites
• Technical Memorandum and Recommendations
Advanced Engineering and Environmental Services, Inc.
Water Tower Place Business Center•6901 East Fish Lake Road Suite 164• Maple Grove, MN 55369 ■ It) 763.463.5036• If)763-463-5037
Mr. Rick Wahlen
RE: Proposal for Professional Engineering Services
Ground Storage Reservoir»System Modeling and Planning
12/12/2013
Page 2 of 4
We propose to complete the following tasks under this proposal;
1 Hydraulic Model Update
Update watermaln within model based on GIS mapping
Reconnect pump stations,reservoirs,water towers,valves and fix connectivity
Water demand information including customer billing data
Provided update fire flow information for hydrants in Google Earth and shapefile for GIS
Provided an updated copy files of the hydraulic model
2 Determine Storage and Pumping Requirements
2.1 Review of Water Demand Projections
Average Day and Peak Day Demand Conditions
Hourly Demand Pattern-Summer and Average Day
Impacts of landuse changes/redevelopment on system demands
Water conservation measures on system demands
2.2 Water Storage Analysis
Define water storage criteria
Determine equalization storage requirement
Determine fire storage requirements
Determine emergency storage requirements
2.3 Pumping Capacity Analysis
Determine pumping capacity to meet demand requirements _
Determine pumping capaclt to meet fire flow requirements
3 Hydraulic Analysis of Reservoir Sites
3.1 Potential Reservoir Locations
Meet with City Staff to determine list of potential sites _
Description of potential sites
Create a map of potential sites(assistance from Adam Feidt)
3.2 Evaluate potential reservoir and pump station sites
Determine operating scenarios for summer and winter conditions
Analyze the hydraulic impacts of each site with the overall distribution system
Determine distribution system improvements necessary for each site evaluated
_Review analysis results with City staff
Analyze further refinements to operation scenarios
4 Technical Memorandum and Recommendations
4.1 Review of Sites based on Hydraulic Analysis
Operational effectiveness of each site
Distribution system improvements necessary for each site
General advantages and disadvantages to each site _ _ _ _
Site Recommendation based on hydraulic analysis
4.2 Preliminary Cost Analysis
Reservoir and Pump Station Project Cost
AE
C:lUscrAiberoonMesklonlProlso3al Leiter GSR.docx
Mr. Rick Wahlen
RE: Proposal for Professional Engineering Services
Ground Storage Reservoir»-System Modeling and Planning
12/12/2013
Page 3 of 4
Distribution system improvement costs for each site
4.3 Technical Memorandum
Prepare Technical Memorandum
Prepare maps and figures(assistance from Adam Feidt)
Meeting to discuss draft memorandum _
lncor orate comments from review
Prepare final technical memorandum
CITY OF EDEN PRAIRIE RESPONSIBILITIES
In order to complete our tasks, we will need the City to provide the following:
• Provide designated project contact person.
• Provide answers to specific project questions, provide requested information and make
decisions regarding project direction during course of the project in a timely manner.
• Provided updated GIS data for hydraulic model update
SCHEDULE
The following is a projected project schedule based upon project approval, design and
construction,
Deliverable Date
Receive Project Approval January 8, 2014
Completion of Standard Documents April 1, 2014
ENGINEERING FEES
We propose to perform the defined tasks for an estimated hourly fee not to exceed of$24,500.
We will bill at our customary hourly rates. The following is an estimated breakdown of estimated
cost by major task.
Scope Item Estimated Cost($)
1. Hydraulic Model Update $5,200
2. Determine Storage and Pumping Requirements $2,500
3. Hydraulic Analysis of Reservoir Sites $7,800
4. Technical Memorandum and Recommendations $9,000
H
C;11 Jscrshibensonincktop\Proposal Lc Ior GSI#,doc'.
Mr. Rick Wahlen
RE: Proposal for Professional Engineering Services
Ground Storage Reservoir—System Modeling and Planning
1 211 212 0 1
Page 4 of 4
AGREEMENT
We propose to provide the above professional engineering services in accordance with the
Standard Agreement for Professional Services between AE2S and the City of Eden Prairie. If
this proposal is acceptable to you please let us know and we will provide an Agreement for
signature.
We thank you for continuing to select AE2S to work with the City of Eden Prairie. If you have
any questions or comments please feel free to call us at (763) 463-5036.
Sincerely,
AE2S
son Benson, PE
roject Manager
c:AJAvtiOensorianllop1Preposel Lclicr GSR.dncx
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar February 18, 2014
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILG.
Police Department
Rob Reynolds, Police Chief Declaring Police Canine Surplus Property
Requested Action
Move to: Declare police canine as surplus property.
Synopsis
The Police Depaitiuent determined it was the appropriate time to retire the canine.
The canine will be sold according to City Code 2.86, subd. 3, B.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar February 18, 2014
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:.VIII.H.
Police Department Resolution Declaring "Abandoned Property"
Lieutenant Greg Weber
Requested Action
Move to: Adopt resolution declaring property as "abandoned property."
Synopsis
The Eden Prairie Police Department has accumulated a quantity of bicycles, stereo/electronic
equipment, and miscellaneous items that remain unclaimed.
City Code 2.86 Subd. 2, Disposal of Unclaimed Property, requires adoption of a resolution by
City Council to declare unclaimed property that has been in the possession of the City for over
90 days as "abandoned property."
Background Information
In the course of municipal operations, the Eden Prairie Police Department's Evidence/Property
Room has several items that have lawfully come into its possession that remain unclaimed by the
owners and have been in its possession for at least 90 days.
In accordance with City Code Section 2.86 Subdivision 2 C., the Police Department would like
to dispose of this property by sale to the highest bidder at a public auction through the City of
Eden Prairie. In addition, in accordance with City Code 2.86 Subdivision C, the Police
Department would like to convert certain items for City use.
Attachments
Resolution-Declaration of Abandoned Property.
Exhibits A & B
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2014-
DECLARATION OF ABANDONED PROPERTY
WHEREAS, City Code 2.86 Subd. 2 requires adoption of a resolution by City Council to
declare unclaimed property such as bicycles, st ereo/electronic equipment, and m iscellaneous
items as "abandoned property;" and
WHEREAS, the property has lawfully come into the possession of the City in the course
of municipal operations; and
WHEREAS,the property remains unclaimed by the owners; and
WHEREAS,the property has been in the possession of the City for over 90 days.
NOW THEREFORE, BE IT RESOLVED that the City of Eden Prairie declares the
unclaimed property as "abandoned property."
ADOPTED by the City Council on February 18, 2014.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
pOLICL' Abandoned Property for Auction ExhibitA
,�EDEN
PRAIRIE
Case Number Description Serial Number
2009-00023857 Bottle Jack, Black
2009-00023857 Floor Jack, Black
2009-00042999 Kodak Easy Share Camera & Docking Base KCTCT42800784
2009-00058751 Radio Shack Amplifier Speaker w/Cord
2010-00005215 (2) Pair of Small Scissors for Children
2010-00022368 Dell 65W-AC Adaptor
2010-00022368 Dynex wireless mouse 9E02A001895
2010-00022368 TomTom GPS w/Car Charger PB3348H05358
2010-00023987 Worth Aluminum Softball Bat
2011-00039964 Fake Square Diamond Stud
2011-00039964 Pair of Gray Machine Jeans 32
2011-00039964 Chicago Bulls Baseball Cap, Medium-Large
2011-00039964 iPod 2Z5475ZEPS9
2011-00039964 Jordan 23 Jersey
2011-00039964 Red Ohio State Hoodie
2011-00039964 Red,/Black/White Striped Trunks
2011-00039964 Samsung iPod Charger
09-19-2013 thru 02-04-2014 Page 1 of 5
p4LICL Abandoned Property for Auction ExhibitA
. EDEN ,
PRAIRIE
2011-00039964 White T-Shirt
2012-00023490 (2)Target American Express Gift Cards- Balance Available $108.90
2013-00008411 Panasonic Lumix DMC ZS7 Blu/Sil Camera FNOSC001464
2013-00008412 Womans Gold Bracelet W/Names& DOB's-Jennifer,Joseph, Richard
- Inscribed 1/2012KGF on Clasp
2013-00008414 Small Clear Stone Earring Stud - No Backing
2013-00008419 Womans Silver Colored Ring w/Clear Stones All Around (no etching
on inside of ring)
2013-00017095 Silver Earring/Nose Ring Post w/Clear Stone
2013-00017237 iPod 8GB Touchscreen Model A1367 C3RFVQ7BDCP7
2013-00018120 Monet Necklace-Silver Chain w/Silver Ball w/Clear Stones
2013-00018120 Silver Cross Necklace w/Clear Stone in Center of Cross
2013-00018120 Mio Pink Ladies Watch
2013-00018120 Citizens Silver Mens Watch 791612
2013-00018573 Gold Colored Seiko Womens Watch 074554
2013-00020683 Bag containing(55) DVD's/Video Games
2013-00020683 Bag of Misc Consumer Items
2013-00020683 Bag containing(13) Fragrance Boxes
2013-00023264 iPod Nano, Silver w/Black Case YM946XKV72Q
2013-00026536 Envelope#6211301- Black Cord Necklace w/Silver Charm
09-19-2013 thru 02-04-2014 Page 2 of 5
p4LICL Abandoned Property for Auction ExhibitA
. EDEN ,
PRAIRIE
2013-00026536 Envelope#6211305 - (1) Single Post Amethyst Tear-drop Earring
w/Small Clear Stone in Silver Setting
2013-00027564 American Flag w/Pole
2013-00028150 Foster Grant Glasses, Black&Silver w/Flower Pattern
2013-00028872 White Conino Lanborghini Wrist Watch
2013-00030059 Next Rampage Orange Boys 20" Bicycle GS060832334
2013-00030059 Roadmaster Sequence Pur/Wht Ladies 21sp Bicycle SNFSD10b27024
2013-00030102 Acoustic Amplifier, Black 08401940
2013-00030102 Dish Network DP301 Receiver, Black, & Remote
2013-00030102 Raven RG20 Amplifier, Black 081400566
2013-00030286 Raleigh Chill Sil/Pur Mens 21sp Bicycle E5648U69U30189
2013-00030850 Huffy Rock It Small Red & Blue Child Bike SNHBJ09K20268
2013-00030943 Ellington Purse Purple w/Gray Strap
2013-00030991 iPod Shuffle &Cord DCYGJN1HDDVX
2013-00030991 Earrings, Black Square w/Clear Stone Border
2013-00030991 Small Clear Stone Studs
2013-00033561 American Girl Doll w/Misc Clothing&Accessories
2013-00033590 Mosh Cruiser Method 3, Red,Youth, 1 speed Bicycle. W180053
2013-00034815 Magna Precious Pearls Purple/Pink Girls 1-Speed, 20" Wheels, 98TD288675
Reflective Foam Decoration on Frame
09-19-2013 thru 02-04-2014 Page 3 of 5
p4LICL Abandoned Property for Auction ExhibitA
, EDEN ,
PRAIRIE
2013-00036514 Vehicle Lug Nut Wrench - Rusty
2013-00036514 Hammer, Pliers, Flathead Screwdriver&Small Flashlight
2013-00036514 Vehicle Lug Nut Wrench-Chrome
2013-00036514 Vehicle Scissor Jack
2013-00036637 Schwinn GSX Frontier Black Adult Bicycle M6GH12365
2013-00036637 Schwinn GS 25 Purple/Sil/Blue Adult Bicycle w/Extra Cushioned Seat SNMNG06B12569
(Gel)
2013-00036637 Schwinn Ranger Blu/White Adult Bicycle SNOLO7406502780
2013-00037623 Ektelon Racquet Bag w/Two Racquets
2013-00037623 Wilson Tennis Racquet (Black&Yellow)
2013-00037657 Schwinn Thrasher Blue Mtn Bike ACE8E02910
2013-00038956 Gold Band w/Etched Design, Inside "Milor"
2013-00039491 Giant Farrago Blue Adult Bike 0U819097
2013-00039563 Specialized Hotrock 24 Boys Mtn Red/Grey 10 SPD S09K002773
2013-00039899 Gray/Black Specialized Crossroads Mountain Bike PL05B05345
2013-00040431 Mens Ring, Stainless Steel Type Band
2013-00040431 Watch, Mitakai Black& Pink, w/Rubber-Type Band
2013-00040431 Womens Bracelet, Oriental Design, Stretch Band
2013-00040431 Womens Ring, (1) Blue Stone w/(2) Clear Stones-One on Either Side
of it
09-19-2013 thru 02-04-2014 Page 4 of 5
p4LICL Abandoned Property for Auction ExhibitA
. EDEN ,
PRAIRIE
2013-00040461 Huffy Him-a-laya Blk/Grn Mens 18sp w/Black Pouch under bar/seat 1062HUFFY4666
area
2013-00040673 Magna Glacier Point Red Mens 15 speed 99184284
2013-00041059 Road master Mtn Sport, Silver w/Blue Bicycle SNFSD1ODB9223
2013-00041469 Hunter: ICR (Institutional Commerical) Remote w/Batteries in Grey
Carrying Case.
2013-00043893 Magna Red/Silver Mens 21-Speed Bicycle 02TD9052747
2013-00044660 Schwinn Varsity Blu/Wht Adult 21 Spd w/Lock Attached 12D09324
2013-00045112 White Frame/Blue Rims Mens Street Bike (Unknown Brand) 0F11E00380
09-19-2013 thru 02-04-2014 Page 5 of 5
pOLICE Property for Conversion Exhibit B
PRAIRIE
Case Number Property Description
2013-00009205 Heat Seal Bag Roll
2013-00009205 Chow mein noodle can hide
2013-00009205 Large Digital Scale & Heat Sealer
2013-00014071 $60 Cash
2013-00023846 $20 Bill - US Currency
2013-00037623 Dell Computer Monitor
2013-00041085 $12 Cash
2013-00045007 $68 Cash
09-19-2013 thru 02-04-2014 Page 1 of 1
CITY COUNCIL AGENDA DATE:
SECTION: Public Hearings February 18, 2014
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A.
Community Rezoning of MAC Development Parcel 2
Development/Planning
Janet Jeremiah/
Requested Action
Move to:
• Close the Public Hearing; and
• Approve 1st Reading of the Ordinance for Zoning District Change from Rural to
Airport Office (A-OFC) subject to the following conditions:
1. Rezoning only that portion of the property located north of the line identified as Runway
10L/28R as shown on Figures C1.1 and C2.1.
2. Any site plan application will conform to all requirements of the City Code.
Synopsis
The Metropolitan Airports Commission(MAC) zoning application to the city was to rezone the
entire 39 acre parcel from Rural to Airport Office (A-OFC). The City staff and the Planning
Commission both recommend rezoning approximately 9 acres of the parcel to Airport Office
north of the line identified as Runway 10L/28R. This approach would be a better fit with the
neighborhood and to minimize the impact on trees, slopes,wetlands, flood plain and shoreland
areas. At the Planning Commission meeting the MAC indicated it (the 9 acre area)would be the
only spot for development.
The MAC has submitted 2 concept plans as examples of potential future Airport Office
development for the site.
Concept Plan 1 -A one story, 30,000 square foot office building
Concept Plan 2—A four story 120,000 square foot office building
• The plans occupy approximately 9 acres of the 39 acre parcel.
• The rezoning request is consistent with Chapters 3 and 5 of the Comprehensive Plan.
• The plans do not impact wetland areas, shoreland areas, or floodplain areas.
• The plans have limited impacts to the steep slopes and vegetation on site.
• Concept Plan 1 appears to conform to the requirements of the Airport Office zoning
district.
• Concept Plan 2 appears to conform to the requirements of the Airport Office zoning
district with the exception of the height limitation. The four story building shown
exceeds the 30 foot height requirement. Conforming to the height requirement with the
same building footprint would reduce the building size to 60,000 square feet.
Background
The City and Metropolitan Airports Commission (MAC) entered into a Memorandum of
Understanding in December 2010 to establish a mutually agreeable review process and
regulations for development parcels at Flying Cloud Airport. This mutually agreeable review
process involved 3 steps.
• Step one was completed last year amending the comprehensive plan and the zoning code
related to the establishment of the Airport Office and Airport Commercial zoning
districts.
• Step two is the rezoning of the six (6) MAC Development Parcels. (There is a public
hearing for each development parcel).
• Step three will be site plan review of the six (6) MAC Development Parcels which will
occur at some point in the future when a developer is ready to build.
The 120-Day Review Period Expires on April 8, 2014.
Planning Commission Recommendation
The Planning Commission voted 5-0 to recommend approval of the project at the January 27,
2014 meeting subject to the following conditions:
1. Rezoning only that portion of the property located north of the line identified as Runway
10L/28R as shown on Figures C1.1 and C2.1. MAC will provide a legal description of
that portion of Parcel 2;
2. Any site plan application will conform to all requirements of the City Code.
Attachments
1. Ordinance
2. Staff Report 1-24-14
3. Overall Proposed Development Parcels Map
4. Location Map
5. Land Use Map
6. Zoning Map
7. Aerial photo
8. Planning Commission Minutes 1-27-14
MAC DEVELOPMENT PARCEL 2
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, REMOVING
CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,
AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND
ADOPTING BY REFERENCE CITY CODE CHAPTER 11 AND SECTION 11.99
WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance (hereinafter, the
"land") is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be removed from the
Rural District and be placed in the Airport-Office (A-OFC) District.
Section 3. The proposal is hereby adopted and the land shall be, and hereby is
removed from the Rural District and shall be included hereafter in the Airport—Office (A-OFC)
District, and the legal descriptions of land in each District referred to in City Code Section 11.03,
Subdivisionl, Subparagraph B, shall be, and are amended accordingly.
Section 4. City Code Chapter 1, entitled"General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99,
"Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated
verbatim herein.
Section 5. This rezoning is subject to the following condition:
Any site plan application will conform to all requirements of the City Code.
Section 6. This Ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
18th day of February, 2014, and finally read and adopted and ordered published in summary form
as attached hereto at a regular meeting of the City Council of said City on the day of
, 2014.
ATTEST:
Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on , 2014.
Exhibit A Legal Description MAC Development Parcel 2
To be inserted prior to 2nd reading at City Council
STAFF REPORT
TO: Planning Commission
FROM: Michael D. Franzen, City Planner
DATE: January 24, 2014
PROJECT: MAC DEVELOPMENT PARCEL 2
REZONING FROM RURAL TO A-OFC (AIRPORT OFFICE)
LOCATION: Flying Cloud Airport
APPLICANT Metropolitan Airports Commission
OWNER: Metropolitan Airports Commission
120 DAY REVIEW: Expires April 8, 2014
REQUEST: Rezoning Parcel 2 from Rural to A-OFC (Airport Office) on 39 acres
PUBLIC REVIEW PROCESS FOR MAC DEVELOPMENT PARCELS
The City and Metropolitan Airports Commission (MAC) entered into a Memorandum of
Understanding in December 2010 to establish a mutually agreeable review process and
regulations for development parcels at Flying Cloud Airport. This mutually agreeable review
process involves 3 steps:
Step 1: Public hearings at the Planning Commission and City Council related to the
following requests.
• A text amendment to Chapter 3 of the City's Comprehensive Guide Plan to
identify Airport Commercial and Airport Office zoning for the proposed
parcels which are currently guided Airport.
• A text amendment to Chapter 5 of the City's Comprehensive Guide Plan
relating to safety zones.
• A text amendment to Chapter 11 of the City Code to create the Airport
Office and Airport Commercial Zoning Districts and the regulations to be
applied within these districts.
Step 2: Public hearings at the Planning Commission and City Council to review rezoning
of the MAC Development Parcels to Airport Office or Airport Commercial.
Step 3: Public hearings at the Planning Commission and City Council to review specific
site plans for the MAC Development Parcels.
1
TIMELINE FOR COMPLETION OF THE 3 STEP PROCESS
1. Step 1 was completed on October 16, 2012
2. Step 2 is the rezoning review of the MAC Development Parcels to Airport Office or
Airport Commercial.
The Metropolitan Airports Commission submitted a rezoning application for each of the
MAC Development Parcels on December 10, 2013. The application includes:
• A parcel map showing the boundaries of the proposed development parcel and a
legal description.
• An existing conditions map showing topography, wetlands, shoreland, flood
plain, steep slopes, and wooded areas.
• Concept plan(s)
• Perspective(s)
The purpose of the public hearing is to discuss the appropriateness of the zoning and
consistency with the comprehensive guide plan. The proposed concept plans shows ways
in which the parcels may develop in the future.
3. Step 3 will begin when the MAC and a developer file an application for Site Plan
Review. Then public hearings will be scheduled with the Planning Commission and City
Council to review specific site plans for the MAC Development Parcels.
PARCEL 2 REZONING FROM RURAL TO AIRPORT OFFICE
Concept Plan 1 - A one story, 30,000 square foot office building
• The concept plan occupies approximately 9 acres of the 39 acre parcel.
• The rezoning request is consistent with Chapters 3 and 5 of the Comprehensive Plan.
• The plan appears to conform to the requirements of the Airport Office zoning district.
• The plan does not impact wetland areas, shoreland areas, or floodplain areas.
• The plan has limited impacts to the steep slopes and vegetation on site.
• The concept plan shows the potential location(s) for storm water management. Specific
storm water management requirements will be reviewed as part of a site plan review.
2
Concept Plan 2—A four story 120,000 square foot office building
• The concept plan occupies approximately 9 acres of the 39 acre parcel.
• The plan appears to conform to the requirements of the Airport Office zoning district
with the exception of the height limitation. The four story building shown exceeds the 30
foot height requirement. Conforming to the height requirement with the same building
footprint would reduce the building size to 60,000 square feet.
• The rezoning request is consistent with Chapters 3 and 5 of the Comprehensive Plan.
• The plan does not impact wetland areas, shoreland areas, or floodplain areas.
• The plan has limited impacts to the steep slopes and vegetation on site.
• The concept plan shows the potential location(s) for storm water management. Specific
storm water management requirements will be reviewed as part of a site plan review.
STAFF RECOMMENDATION
Staff recommends approval of the rezoning from Rural to A-OFC (Airport Office) subject to the
following conditions:
1. Rezoning only that portion of the property located north of the line identified as Runway
10L/28R as shown on Figures C 1.1 and C2.1. Prior to City Council review, MAC will
provide a legal description for that portion of Parcel 2.
2. Any site plan application will conform to all requirements of the City Code.
3
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MAC PROPOSED DEVELOPMENT PARCELS W,ti,
PARCELS PROPOSED RE-ZONING OF DEVELOPMENT PARCELS PROPOSED RE-ZONING OF DEVELOPMENT 1
2 38.98 acres A-OFC (Airport-Office) 5 1.13 acres A-C (Airport-Commercial)
3 4.28 acres A-C (Airport-Commercial) 6 18.59 acres A-OFC (Airport-Office) Airport Office
4 4,16 acres A-C (Airport-Commercial) 7 3.22 acres A-C (Airport-Commercial) [� _, Airport Commercial
Airport Boundary
Area Location Map
Metropolitan Airport Commission (MAC)
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Low Density/Public/Open Space - Regional Commercial -Principal Arterial
-A Minor Arterial
Medium Density residential 2.5-10 Units/Acre ®Town Center '•i . $ +;. ,i
-B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06
[1 Medium Density Residential/Office - Park/Open Space —Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07
DATE Revised 11-07-05 DATE Revised 06-01-07 E a E N
High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-23-06 DATE Revised 10-01-07
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DATE Revised 03-23-06 DATE Revised 03-01-08
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Office Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE
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Parcel #2, Eden Prairie, MN 55347
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APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY,JANUARY 27, 2014 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: John Kirk, Jon Stoltz, Katie Lechelt, Travis
Wuttke, Steven Frank, Ann Higgins, Mary Egan
STAFF MEMBERS: Mike Franzen, City Planner
Stu Fox, Manager of Parks and Natural Resources
Rod Rue, City Engineer
Julie Krull, Recording Secretary
I. PLEDGE OF ALLEGIANCE—ROLL CALL
Chair Stoltz called the meeting to order at 7:00 p.m. Higgins and Kirk were absent.
II. APPROVAL OF AGENDA
MOTION by Frank, seconded by Wuttke, to approve the agenda. Motion carried 5-0.
III. MINUTES
A. PLANNING COMMISSION MEETING HELD ON JANUARY 13, 2013
MOTION by Frank, seconded by Wuttke, to approve the minutes. Motion
carried 3-0. Lechelt and Stoltz abstained.
IV. INFORMATIONAL MEETINGS
V. PUBLIC MEETINGS
VI. PUBLIC HEARINGS
A. MAC DEVELOPMENT PARCEL 2
By: Metropolitan Airports Commission
Location: Flying Cloud Airport
Request for:
• Zoning District Change from Rural to Airport Office on 39 acres.
January 27, 2014
Page 2
Franzen introduced the public hearings and stated that discussion on MAC
parcels started in 2010 to establish a mutually agreeable review process and
regulations for development parcels at Flying Cloud Airport. The review
process involves three steps.
1. Step one was completed last year amending the comprehensive plan and the
zoning code related to the establishment of the Airport Office and Airport
Commercial zoning districts.
2. Step two is the rezoning of the six(6)MAC Development Parcels. (There is
a public hearing for each development parcel).
3. Step three will be site plan review of the six (6) MAC Development Parcels
which will occur at some point in the future when a developer is ready to
build.
The question for the Commission to consider tonight is the rezoning of the
parcels. The concept plans may be discussed, but no action can be taken since
approval of any plan occurs at the time of the site plan review. Each staff report
evaluates the concept plans related to impacts on natural features and
conformance to City code.
Bridget Rief, Director for Airport Development, presented the proposal. Ms.
Rief used the overhead to illustrate where parcel 2 is located; which is west of
the airport and adjacent to Eden Prairie Road. She stated they would like it re-
zoned to office. It is a large site but it does have the creek in it so it limits
development. They would like an office concept butting up to the hill with
parking in the front. She said the second concept would be a larger building
than the first concept. She pointed out office development is more likely to
happen in this location and they would like it to be re-zoned.
Chair Stoltz asked Franzen to review the staff report. Franzen said there are two
staff recommendations in the staff report. Chair Stoltz asked Franzen if the area
would be around 9 or 10 acres. Franzen concurred it would be that amount or
less.
Frank asked if this would be the only spot developed on this parcel. Ms. Rief
said it would be the only spot for development.
Wuttke commented the Magellan pipeline runs through this parcel and asked
Franzen if he was concerned with that. Franzen said projects have been develop
adjacent to the pipeline with setbacks.
Chair Stoltz opened the meeting up for public input.
January 27, 2014
Page 3
Carol Hansen, of 16200 Hilltop Road, said there is some trivia she would like to
share about the hill. She stated kids used to sled down the hill and there was
barbed wire at the bottom and that is why it is called Hamburger Hill.
MOTION by Wuttke, seconded by Lechelt, to close the public hearing.
Motion carried 5-0.
MOTION by Wuttke, seconded by Frank, to recommend approval of the
Zoning District Change from Rural to Airport Office subject to the following
conditions:
1. Rezoning only that portion of the property located north of the line
identified as Runway 10L/28R as shown on Figures C1.1 and C2.1. Prior to
City Council review, MAC will provide a legal description for that portion
of Parcel 2.
2. Any site plan application will conform to all requirements of the City Code.
Motion carried 5-0.
VII. PLANNERS' REPORT
Franzen said there will be 4 variance requests at the February l Oth meeting.
VIII. MEMBERS' REPORT
A. CITIZEN ADVISORY COMMITTEE—LIGHT RAIL
No update
IX. CONTINUING BUSINESS
X. NEW BUSINESS
XI. ADJOURNMENT
MOTION by Wuttke, seconded by Frank, to adjourn the meeting. Motion carried
5-0.
There being no further business,the meeting was adjourned at 8:37 p.m.
CITY COUNCIL AGENDA DATE:
SECTION: Public Hearings February 18, 2014
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B.
Community Rezoning of MAC Development Parcel 3
Development/Planning
Janet Jeremiah/
Requested Action
Move to:
• Close the Public Hearing; and
• Approve 1st Reading of the Ordinance for Zoni ng District Change from Rural and
Public (PUB) to Airport Commercial (A-C ) on 3.04 acres, subject to the following
condition:
1. Any site plan application will conform to all requirements of the City Code.
Synopsis
The Metropolitan Airports Commission (MAC) is proposing to rezone 3.04 acres of property
from Rural and Public (PUB)to Airport—Commercial (A-C). The MAC has submitted 2
concept plans as examples of potential future Airport Commercial development for the site.
Concept Plan 1 - A 3,000 square foot gas station with car wash.
Concept Plan 2 —A 6,000 square foot retail building and 10,000 square foot retail building.
• The rezoning request is consistent with Chapters 3 and 5 of the Comprehensive Plan.
• The concept plans appear to conform to the requirements of the Airport Commercial
zoning district.
• The plans do not impact wetland areas, shoreland areas, or floodplain areas.
• The plans do not impact steep slopes and vegetation on site.
Background
The City and Metropolitan Airports Commission (MAC) entered into a Memorandum of
Understanding in December 2010 to establish a mutually agreeable review process and
regulations for development parcels at Flying Cloud Airport. This mutually agreeable review
process involved 3 steps.
• Step one was completed last year amending the comprehensive plan and the zoning code
related to the establishment of the Airport Office and Airport Commercial zoning
districts.
• Step two is the rezoning of the six (6) MAC Development Parcels. (There is a public
hearing for each development parcel).
• Step three will be site plan review of the six (6) MAC Development Parcels which will
occur at some point in the future when a developer is ready to build.
The 120-Day Review Period Expires on April 8, 2014.
Planning Commission Recommendation
The Planning Commission voted 5-0 to recommend approval of the project at the January 27,
2014 meeting subject to the following condition:
1. Any site plan application will conform to all requirements of the City Code.
Attachments
1. Ordinance
2. Staff Reports
3. Overall Proposed Development Parcels Map
4. Location Map
5. Land Use Map
6. Zoning Map
7. Aerial photo
8. Planning Commission Minutes
MAC DEVELOPMENT PARCEL 3
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, REMOVING
CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,
AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND
ADOPTING BY REFERENCE CITY CODE CHAPTER 11 AND SECTION 11.99
WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance (hereinafter, the
"land") is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be removed from the
Rural District and Public District and be placed in the Airport-Commercial (A-C) District.
Section 3. The proposal is hereby adopted and the land shall be, and hereby is
removed from the Rural District and Public District and shall be included hereafter in the Airport
—Commercial (A-C) District, and the legal descriptions of land in each District referred to in
City Code Section 11.03, Subdivisionl, Subparagraph B, shall be, and are amended accordingly.
Section 4. City Code Chapter 1, entitled"General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99,
"Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated
verbatim herein.
Section 5. This rezoning is subject to the following condition:
Any site plan application will conform to all requirements of the City Code.
Section 6. This Ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
18th day of February, 2014, and finally read and adopted and ordered published in summary form
as attached hereto at a regular meeting of the City Council of said City on the day of
, 2014.
ATTEST:
Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on , 2014.
Exhibit A Legal Description MAC Development Parcel 3
That part of the Southeast Quarter of the Sout hwest Quarter, and that part of the Northeas t
Quarter of the Southwest Quarter of Section 21, Township 116 North, Range 22 West, Hennepin
County, Minnesota, described as follows:
Commencing at the southeast corner of the Southeast Quarter of the Southwest Quarter of said
Section 21; thence South 88 degrees 59 m inutes 26 seconds West, assumed bearing, along the
south line of the said Southeast Quarter of th e Southwest Quarter 619.08 feet; thence North 25
degrees 24 minutes 54 seconds East 130.77 feet; thence North 09 degrees 37 minutes 04 seconds
East 298.26 feet; thence North 16 degrees 44 m inutes 37 seconds East 484.35 feet; thence North
25 degrees 24 m inutes 54 seconds East 69.17 f eet; thence North 23 degrees 39 m inutes 26
seconds West 28.43 feet; thence North 67 de grees 07 m inutes 36 seconds W est 331.31 feet;
thence North 61 degrees 24 m inutes 58 seconds West 90.45 feet; thence North 67 degrees 07
minutes 36 seconds West 212.98 feet to the point of beginning of the land to be described; thence
continuing North 67 degrees 07 minutes 36 seconds West 73.70 feet; thence North 68 degrees 16
minutes 23 seconds W est 227.12 fe et; thence North 69 degrees 34 m inutes 25 seconds W est
30.52 feet; thence North 74 degrees 05 m inutes 51 seconds West 62.18 feet; thence South 52
degrees 26 minutes 15 seconds West 43.44 feet; thence South 00 degrees 59 minutes 48 seconds
East 186.42 feet; thence South 89 degrees 00 m inutes 12 seconds West 4.82 feet more or less to
the easterly right-of-way line of Hennepin County State Aid Highway No. 4, Plat 60, as filed in
the County Recorder's office as Docum ent Number 5060347; thence South 01 degrees 01
minutes 47 seconds East along said right of way line 411.48 feet; thence North 88 degrees 58
minutes 13 seconds East 200.00 feet; thence No rth 01 degrees 01 m inutes 47 seconds W est
433.95 feet; thence North 77 degrees 08 m inutes 46 seconds East 208.97 feet to the point of
beginning.
STAFF REPORT
TO: Planning Commission
FROM: Michael D. Franzen, City Planner
DATE: January 24, 2014
PROJECT: MAC DEVELOPMENT PARCEL 3
REZONING FROM RURAL & PUBLIC (PUB) TO A-C (AIRPORT
COMMERCIAL)
LOCATION: Flying Cloud Airport
APPLICANT Metropolitan Airports Commission
OWNER: Metropolitan Airports Commission
120 DAY REVIEW: Expires April 8, 2014
REQUEST: Rezoning Parcel 3 from Rural &Public (PUB) to A-C (Airport Commercial)
on 3.04 acres
PUBLIC REVIEW PROCESS FOR MAC DEVELOPMENT PARCELS
The City and Metropolitan Airports Commission (MAC) entered into a Memorandum of
Understanding in December 2010 to establish a mutually agreeable review process and
regulations for development parcels at Flying Cloud Airport. This mutually agreeable review
process involves 3 steps:
Step 1: Public hearings at the Planning Commission and City Council related to the
following requests.
• A text amendment to Chapter 3 of the City's Comprehensive Guide Plan to
identify Airport Commercial and Airport Office zoning for the proposed
parcels which are currently guided Airport.
• A text amendment to Chapter 5 of the City's Comprehensive Guide Plan
relating to safety zones.
• A text amendment to Chapter 11 of the City Code to create the Airport
Office and Airport Commercial Zoning Districts and the regulations to be
applied within these districts.
Step 2: Public hearings at the Planning Commission and City Council to review rezoning
of the MAC Development Parcels to Airport Office or Airport Commercial.
1
Step 3: Public hearings at the Planning Commission and City Council to review specific
site plans for the MAC Development Parcels.
TIMELINE FOR COMPLETION OF THE 3 STEP PROCESS
1. Step 1 was completed on October 16, 2012
2. Step 2 is the rezoning review of the MAC Development Parcels to Airport Office or
Airport Commercial.
The Metropolitan Airports Commission submitted a rezoning application for each of the
MAC Development Parcels on December 10, 2013. The application includes:
• A parcel map showing the boundaries of the proposed development parcel and a
legal description.
• An existing conditions map showing topography, wetlands, shoreland, flood
plain, steep slopes, and wooded areas.
• Concept plan(s)
• Perspective(s)
The purpose of the public hearing is to discuss the appropriateness of the zoning and
consistency with the comprehensive guide plan. The proposed concept plans shows ways
in which the parcels may develop in the future.
3. Step 3 will begin when the MAC and a developer file an application for Site Plan
Review. Then public hearings will be scheduled with the Planning Commission and City
Council to review specific site plans for the MAC Development Parcels.
PARCEL 3 REZONING FROM RURAL & PUBLIC TO
AIRPORT COMMERCIAL
Concept Plan 1 —A 3,000 square foot gas station with car wash
• The rezoning request is consistent with Chapters 3 and 5 of the Comprehensive Plan.
• The concept plan appears to conform to the requirements of the Airport Commercial
zoning district.
• The concept plan does not impact wetland areas, shoreland areas, or floodplain areas.
• The concept plan does not impact steep slopes or vegetation on site.
• The concept plan shows the potential location(s) for storm water management. Specific
storm water management requirements will be reviewed as part of a site plan review.
2
Concept Plan 2—A 6,000 square foot retail building& a 10,000 square foot retail building
• The rezoning request is consistent with Chapters 3 and 5 of the Comprehensive Plan.
• The plan appears to conform to the requirements of the Airport Commercial zoning
district.
• The concept plan does not impact wetland areas, shoreland areas, or floodplain areas.
• The concept plan does not impact steep slopes or vegetation on site.
• The concept plan shows the potential location(s) for storm water management. Specific
storm water management requirements will be reviewed as part of a site plan review.
STAFF RECOMMENDATION
Staff recommends approval of the rezoning from Rural & Public (PUB) to A-C (Airport
Commercial) on the 3.04 acres, subject to the following condition:
1. Any site plan application will conform to all requirements of the City Code.
3
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N 24 July,2012
MAC PROPOSED DEVELOPMENT PARCELS W,ti,
PARCELS PROPOSED RE-ZONING OF DEVELOPMENT PARCELS PROPOSED RE-ZONING OF DEVELOPMENT 1
2 38.98 acres A-OFC (Airport-Office) 5 1.13 acres A-C (Airport-Commercial)
3 4.28 acres A-C (Airport-Commercial) 6 18.59 acres A-OFC (Airport-Office) Airport Office
4 4,16 acres A-C (Airport-Commercial) 7 3.22 acres A-C (Airport-Commercial) [� _, Airport Commercial
Airport Boundary
Area Location Map
Metropolitan Airport Commission (MAC)
Development Parcel #3
Palmetto Drive
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0 260/ 520 1,040 Feet
1 1 1 I 1 1 1
Guide Plan Map
Metropolitan Airport Commission (MAC)
Development Parcel #3, Eden Prairie, MN 55347
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City of Eden Prairie L d Guide
Plan Map 2000-2020
Rural Residential 0.10 Units/Acre Neighborhood Commercial N
Low Density Residential 0-2.5 Units/Acre MI Community Commercial Streams
Low Density/Public/Open Space - Regional Commercial -Principal Arterial
-A Minor Arterial
Medium Density residential 2.5-10 Units/Acre ®Town Center '•i . $ +;. ,i
-B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06
r---1 Medium Density Residential/Office - Park/Open Space —Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07
DATE Revised 11-07-05 DATE Revised 06-01-07 E a E N
High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-23-06 DATE Revised 10-01-07
Minor Collect
or DATE Revised 03-23-06 DATE Revised 03-01-08
nAirport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09
Office - Church/Cemetary PRAIRIE
K// Office/Industrial Open Water L16E•WORK•DREAM
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f� Office/Public/Open Space Right-Of-Way 620 310 Oogamm�Me molNmmlNM®1�XnpneB1 1 ..,® y 620 Feet
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Zoning Map
Metropolitan Airport Commission (MAC)
Development Parcel #3, Eden Prairie, MN 55347
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Office Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE
Neighborhood Commercial n Golf Course Date:March 1,2009
Community Commercial l I Water In case of discrepancy related to a toning aassnicadon on this zoning map.the Ordinance LIVE•WORK•OREAM
and attached legal description on file at Eden Paine Ciry Center will prevail.
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Parcel #3, Eden Prairie, MN 55347
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APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY,JANUARY 27, 2014 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: John Kirk, Jon Stoltz, Katie Lechelt, Travis
Wuttke, Steven Frank, Ann Higgins, Mary Egan
STAFF MEMBERS: Mike Franzen, City Planner
Stu Fox, Manager of Parks and Natural Resources
Rod Rue, City Engineer
Julie Krull, Recording Secretary
I. PLEDGE OF ALLEGIANCE—ROLL CALL
Chair Stoltz called the meeting to order at 7:00 p.m. Higgins and Kirk were absent.
II. APPROVAL OF AGENDA
MOTION by Frank, seconded by Wuttke, to approve the agenda. Motion carried 5-0.
III. MINUTES
A. PLANNING COMMISSION MEETING HELD ON JANUARY 13, 2013
MOTION by Frank, seconded by Wuttke, to approve the minutes. Motion
carried 3-0. Lechelt and Stoltz abstained.
IV. INFORMATIONAL MEETINGS
V. PUBLIC MEETINGS
VI. PUBLIC HEARINGS
A. MAC DEVELOPMENT PARCEL 3
By: Metropolitan Airports Commission
Location: Flying Cloud Airport
Request for:
January 27, 2014
Page 2
• Zoning District Change from Rural &Public to Airport Commercial on 3.04
acres.
Ms. Rief said this parcel is located at the corner of Mitchell Road and Pioneer
Trail. She stated this is one parcel that has the highest potential for
development. They have worked with the City in regards to water and sewer.
The first concept for this parcel would be retail along with a convenience store
or gas station. The second concept would be just retail in one or two locations
of the site. The developers would determine the best fit.
Chair Stoltz asked Franzen to review the staff report. Franzen said orientation
of the building is consistent with the City code and recommendation is to re-
zone the entire site and said that any site plan will conform to City code.
Chair Stoltz opened the meeting up for public input. There was no input.
MOTION by Frank, seconded by Wuttke, to close the public hearing. Motion
carried 5-0.
MOTION by Frank, seconded by Wuttke, to recommend approval of the
Zoning District Change from Rural &Public to Airport Commercial on 3.04
acres subject to the following condition:
1. Any site plan application will conform to all requirements of the City Code.
Motion carried 5-0.
VII. PLANNERS' REPORT
Franzen said there will be 4 variance requests at the February loth meeting.
VIII. MEMBERS' REPORT
A. CITIZEN ADVISORY COMMITTEE—LIGHT RAIL
No update
IX. CONTINUING BUSINESS
X. NEW BUSINESS
XI. ADJOURNMENT
MOTION by Wuttke, seconded by Frank, to adjourn the meeting. Motion carried
5-0.
January 27, 2014
Page 3
There being no further business,the meeting was adjourned at 8:37 p.m.
CITY COUNCIL AGENDA DATE:
SECTION: Public Hearings February 18, 2014
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.C.
Community Rezoning of MAC Development Parcel 4
Development/Planning
Janet Jeremiah/
Requested Action
Move to:
• Close the Public Hearing; and
• Approve 1 St Reading of the Ordinance for Zoning District Change from Public (PUB)
to Airport Commercial (A-C) on 4.53 acres, subject to the following condition:
1. Any site plan application will conform to all requirements of the City Code.
Synopsis
The Metropolitan Airports Commission (MAC) is proposing to rezone 4.53 acres of property
from Public (PUB) to Airport—Commercial (A-C). The MAC has submitted 2 concept plans as
examples of potential future Airport Commercial development for the site.
Concept Plan 1 - A 6,000 square foot retail building and a 4,000 square foot retail building.
Concept Plan 2—A 2,925 square foot retail building with gas and a 2,625 square foot retail
building.
• The rezoning request is consistent with Chapters 3 and 5 of the Comprehensive Plan.
• The concept plans appear to conform to the requirements of the Airport Commercial
zoning district, with the exception that Concept Plan 2 exceeds the height limitation.
• The plans do not impact wetland areas, shoreland areas, or floodplain areas.
• The plans do not impact steep slopes and vegetation on site.
Background
The City and Metropolitan Airports Commission (MAC) entered into a Memorandum of
Understanding in December 2010 to establish a mutually agreeable review process and
regulations for development parcels at Flying Cloud Airport. This mutually agreeable review
process involved 3 steps.
• Step one was completed last year amending the comprehensive plan and the zoning code
related to the establishment of the Airport Office and Airport Commercial zoning
districts.
• Step two is the rezoning of the six (6) MAC Development Parcels. (There is a public
hearing for each development parcel).
• Step three will be site plan review of the six (6) MAC Development Parcels which will
occur at some point in the future when a developer is ready to build.
The 120-Day Review Period Expires on April 8, 2014.
Planning Commission Recommendation
The Planning Commission voted 5-0 to recommend approval of the project at the January 27,
2014 meeting subject to the following condition:
1. Any site plan application will conform to all requirements of the City Code.
Attachments
1. Ordinance
2. Staff Report
3. Overall Proposed Development Map
4. Location Map
5. Land Use Map
6. Zoning Map
7. Aerial photo
8. Planning Commission Minutes
MAC DEVELOPMENT PARCEL 4
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, REMOVING
CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,
AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND
ADOPTING BY REFERENCE CITY CODE CHAPTER 11 AND SECTION 11.99
WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance (hereinafter, the
"land") is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be removed from the
Public District and be placed in the Airport-Commercial (A-C) District.
Section 3. The proposal is hereby adopted and the land shall be, and hereby is
removed from the Public District and shall be included hereafter in the Airport—Commercial
(A-C) District, and the legal descriptions of land in each District referred to in City Code Section
11.03, Subdivisionl, Subparagraph B, shall be, and are amended accordingly.
Section 4. City Code Chapter 1, entitled"General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99,
"Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated
verbatim herein.
Section 5. This rezoning is subject to the following condition:
Any site plan application will conform to all requirements of the City Code.
Section 6. This Ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
18th day of February, 2014, and finally read and adopted and ordered published in summary form
as attached hereto at a regular meeting of the City Council of said City on the day of
, 2014.
ATTEST:
Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on , 2014.
Exhibit A Legal Description MAC Development Parcel 4
That part of the south half of the Southeast Quarter of Section 21, and that part of the north half
of the Northeast Quarter of Section 28, Townsh ip 116 North, Range 22 West, Hennepin County,
Minnesota, described as follows:
Commencing at the southeast corner of said Section 21; thence South 89 degrees 00 m inutes 14
seconds West, assumed bearing, along the south line of said south half of the Southeast Quarter
1037.26 feet to a point on the southwesterly right of way line of Pione er Trail, also known as
Hennepin County State Aid Highwa y No. 1; th ence North 57 degrees 43 m inutes 08 seconds
West along said right of way 25.45 feet; thence North 63 degr ees 25 minutes 46 seconds West
along said right of way 25.89 feet; thence northwe sterly along said right of way 195.78 feet
along a tangential curve, concave to the southwest, central a ngle 00 degrees 59 m inutes 01
seconds, radius 11,405.16 feet; thence North 64 de grees 24 minutes 47 seconds West along said
right of way, tangent to said curve 326.10 feet; thence South 68 degrees 03 minutes 41 seconds
West along said right of way 41.17 feet; thence South 24 degrees 58 m inutes 15 seconds W est
47.31 feet; thence southerly 83.43 feet along a tangential curve, concave to the east, central angle
47 degrees 19 m inutes 37 seconds, radius 101. 00 feet; thence southerly 118.21 feet along a
reverse curve, concave to the west, central angle 47 degrees 18 m inutes 52 seconds,radius
143.14 feet; thence South 24 degrees 57 m inutes 30 seconds West, along tangent 134.18 feet;
thence South 78 degrees 58 m inutes 39 seconds East 607.83 feet; thence North 26 degrees 07
minutes 23 seconds East 224.82 feet to said sout hwesterly right of way line; thence North 63
degrees 25 minutes 46 seconds West along said right of way 7.57 feet; thence North 57 degrees
43 minutes 08 seconds West along said right of way 65.00 feet to the point of beginning.
STAFF REPORT
TO: Planning Commission
FROM: Michael D. Franzen, City Planner
DATE: January 24, 2014
PROJECT: MAC DEVELOPMENT PARCEL 4
REZONING FROM PUBLIC (PUB) TO A-C (AIRPORT
COMMERCIAL)
LOCATION: Flying Cloud Airport
APPLICANT Metropolitan Airports Commission
OWNER: Metropolitan Airports Commission
120 DAY REVIEW: Expires April 8, 2014
REQUEST: Rezoning Parcel 4 from Public (PUB) to A-C (Airport Commercial) on 4.53
acres
PUBLIC REVIEW PROCESS FOR MAC DEVELOPMENT PARCELS
The City and Metropolitan Airports Commission (MAC) entered into a Memorandum of
Understanding in December 2010 to establish a mutually agreeable review process and
regulations for development parcels at Flying Cloud Airport. This mutually agreeable review
process involves 3 steps:
Step 1: Public hearings at the Planning Commission and City Council related to the
following requests.
• A text amendment to Chapter 3 of the City's Comprehensive Guide Plan to
identify Airport Commercial and Airport Office zoning for the proposed
parcels which are currently guided Airport.
• A text amendment to Chapter 5 of the City's Comprehensive Guide Plan
relating to safety zones.
• A text amendment to Chapter 11 of the City Code to create the Airport
Office and Airport Commercial Zoning Districts and the regulations to be
applied within these districts.
Step 2: Public hearings at the Planning Commission and City Council to review rezoning
of the MAC Development Parcels to Airport Office or Airport Commercial.
1
Step 3: Public hearings at the Planning Commission and City Council to review specific
site plans for the 6 development parcels.
TIMELINE FOR COMPLETION OF THE 3 STEP PROCESS
1. Step 1 was completed on October 16, 2012
2. Step 2 is the rezoning review of the MAC Development Parcels to Airport Office or
Airport Commercial.
The Metropolitan Airports Commission submitted a rezoning application for each of the
MAC Development Parcels on December 10, 2013. The application includes:
• A parcel map showing the boundaries of the proposed development parcel and a
legal description.
• An existing conditions map showing topography, wetlands, shoreland, flood
plain, steep slopes, and wooded areas.
• Concept plan(s)
• Perspective(s)
The purpose of the public hearing is to discuss the appropriateness of the zoning and
consistency with the comprehensive guide plan. The proposed concept plans shows ways
in which the parcels may develop in the future.
3. Step 3 will begin when the MAC and a developer file an application for Site Plan
Review. Then public hearings will be scheduled with the Planning Commission and City
Council to review specific site plans for the MAC Development Parcels.
PARCEL 4 REZONING FROM PUBLIC TO AIRPORT
COMMERCIAL
Concept Plan 1 —A 6,000 square foot retail building and a 4,000 square foot retail building.
• The rezoning request is consistent with Chapters 3 and 5 of the Comprehensive Plan.
• The concept plan appears to conform to the requirements of the Airport Commercial
zoning district.
• The concept plan does not impact wetland areas, shoreland areas, or floodplain areas.
• The concept plan has does not impact steep slopes or vegetation on site.
• The concept plan shows the potential location(s) for storm water management. Specific
storm water management requirements will be reviewed for compliance at the time of a
site plan review.
2
Concept Plan 2—A 2,925 square foot retail building with gas and a 2,625 square foot retail
building.
• The rezoning request is consistent with Chapters 3 and 5 of the Comprehensive Plan.
• The plan appears to conform to the requirements of the Airport Commercial zoning
district with the exception of the height limitation.
• The plan does not impact wetland areas, shoreland areas, or floodplain areas.
• The plan does not impact steep slopes or vegetation on site.
• The concept plan shows the potential location(s) for storm water management. Specific
storm water management requirements will be reviewed as part of a site plan review.
STAFF RECOMMENDATION
Staff recommends approval of the rezoning from Public (PUB) to A-C (Airport Commercial) on
4.53 acres, subject to the following condition:
1. Any site plan application will conform to all requirements of the City Code.
3
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MAC PROPOSED DEVELOPMENT PARCELS W,ti,
PARCELS PROPOSED RE-ZONING OF DEVELOPMENT PARCELS PROPOSED RE-ZONING OF DEVELOPMENT 1
2 38.98 acres A-OFC (Airport-Office) 5 1.13 acres A-C (Airport-Commercial)
3 4.28 acres A-C (Airport-Commercial) 6 18.59 acres A-OFC (Airport-Office) Airport Office
4 4,16 acres A-C (Airport-Commercial) 7 3.22 acres A-C (Airport-Commercial) [� _, Airport Commercial
Airport Boundary
Area Location Map
Metropolitan Airport Commission (MAC)
Development Parcel #4
West Staring Lane
Victoria Drive
i'
Staring Lake
East Staring Lane ►
l#40. Staring Lake Parkway
Parcel 4
Pioneer Trail
0 270 540 1,080 Feet
Guide Plan Map
Metropolitan Airport Commission (MAC)
Development Parcel #4, Eden Prairie, MN 55347
/111
1111 *IL"'
MeV
♦ 14
Pioneer Trail
Parcel #4
Creekwood Park
City of Eden Prairie Land Use Guide
Plan Map 2000-2020
Rural Residential 0.10 Units/Acre Neighborhood Commercial N
Low Density Residential 0-2.5 Units/Acre MI Community Commercial Streams
Low Density/Public/Open Space - Regional Commercial -Principal Arterial
-A Minor Arterial
Medium Density residential 2.5-10 Units/Acre ®Town Center .
-B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06
r---1 Medium Density Residential/Office - Park/Open Space —Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07
DATE Revised 11-07-05 DATE Revised 06-01-07 EDEN
High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-23-06 DATE Revised 10-01-07
Minor Collect
or DATE Revised03-23-06 DATE Revised 03-01-08
nAirport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09
Office - Church/Cemetary PRAIRIE
717
Y// Office/Industrial Open Water L16E•WORK•DHEAM
690 345 0 op..... .o. .. .�..o.a., .au..p,.,. ,,: Feet
Office/Public/Open Space Right-Of-Way690
Industrial
Zoning Map
Metropolitan Airport Commission (MAC)
Development Parcel #4, Eden Prairie, MN 55347
MW
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City of Eden Prairie Zoning Map
EJLakes Rural j.Regional Service Commercial
R1-44 One Family-44,000 sf.min. -Regional Commercial Shoreland Management Classifications N
R1-22 One Family-22,000 sf min. =TC-C I NE I Natural Environment Waters
R1-13.5 One Family-13,500 sf min. -TC-R I RD I Recreational Development Waters
R1-9.5 One Family-9,500 sf min. -TC-MU I GD I General Development Waters(Creeks Only) .•, ,
RM-5.5 Multi-Family-6.7 U.P.A.max. 0 Industrial Park-2Acre Mi7Z 100- Year Floodplain-RM-2.5 Multi-Family-17.4 U.P.A.max. -Industrial Park- 5 Acre Min. EDE
N
Office -General Industrial-5 Acrellf}indated through approved Ordinances#26-2008
Neighborhood Commercial
I=Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Community Commercial I Golf Course Date:March 1,2009
Water in case or discrepency related to a zoning classificatlon on this zoning map,the ordinance L IVE•WORI(•4REhM
-Highway Commercial and attached legal description on file at Eden aside city center will prevail.
Right of Way
Right of Way 0 0.15 0.3
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Aerial Map
Metropolitan Airport Commission (MAC)
Parcel #4, Eden Prairie, MN 55347
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APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY,JANUARY 27, 2014 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: John Kirk, Jon Stoltz, Katie Lechelt, Travis
Wuttke, Steven Frank, Ann Higgins, Mary Egan
STAFF MEMBERS: Mike Franzen, City Planner
Stu Fox, Manager of Parks and Natural Resources
Rod Rue, City Engineer
Julie Krull, Recording Secretary
I. PLEDGE OF ALLEGIANCE—ROLL CALL
Chair Stoltz called the meeting to order at 7:00 p.m. Higgins and Kirk were absent.
II. APPROVAL OF AGENDA
MOTION by Frank, seconded by Wuttke, to approve the agenda. Motion carried 5-0.
III. MINUTES
A. PLANNING COMMISSION MEETING HELD ON JANUARY 13, 2013
MOTION by Frank, seconded by Wuttke, to approve the minutes. Motion
carried 3-0. Lechelt and Stoltz abstained.
IV. INFORMATIONAL MEETINGS
V. PUBLIC MEETINGS
VI. PUBLIC HEARINGS
A. MAC DEVELOPMENT PARCEL 4
By: Metropolitan Airports Commission
Location: Flying Cloud Airport
Request for:
• Zoning District Change from Public to Airport Commercial on 4.53 acres.
January 27, 2014
Page 2
Ms. Rief said this parcel is located north of the building area on Pioneer Trail.
This is identical to Parcel 3. The first concept would consist of a convenience
store. The second concept would consist of a retail site; a small strip mall. This
parcel would require some fencing so the airport tenants remain secure. She
stated they would like it re-zoned to airport commercial.
Chair Stoltz asked Franzen to review the staff report. Franzen said staff
recommendation is for approval based on the condition that any site plan
application will have to conform to all requirements of the City Code.
Chair Stoltz opened the meeting up for public input. There was no input.
MOTION by Wuttke, seconded by Egan,to close the public hearing. Motion
carried 5-0.
MOTION by Wuttke, seconded by Egan, to recommend approval of the Zoning
District Change from Public to Airport Commercial on 4.53 acres, subject to the
following condition:
1. Any site plan application will conform to all requirements of the City Code.
Motion carried 5-0.
VII. PLANNERS' REPORT
Franzen said there will be 4 variance requests at the February l Oth meeting.
VIII. MEMBERS' REPORT
A. CITIZEN ADVISORY COMMITTEE—LIGHT RAIL
No update
IX. CONTINUING BUSINESS
X. NEW BUSINESS
XI. ADJOURNMENT
MOTION by Wuttke, seconded by Frank, to adjourn the meeting. Motion carried
5-0.
There being no further business, the meeting was adjourned at 8:37 p.m.
CITY COUNCIL AGENDA DATE:
SECTION: Public Hearings February 18, 2014
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.D.
Community Rezoning of MAC Development Parcel 5
Development/Planning
Janet Jeremiah/
Requested Action
Move to:
• Close the Public Hearing; and
• Approve 1 St Reading of the Ordinance for Zoning District Change from Public (PUB)
to Airport Commercial (A-C) on 0.45 acres, subject to the following condition:
1. Any site plan application will conform to all requirements of the City Code with the
granting of a waiver or a variance to the lot size requirement for the A-C zoning
district.
Synopsis
The Metropolitan Airports Commission (MAC) is proposing to rezone 0.45 acres of property
from Public (PUB) to Airport—Commercial (A-C). The MAC has not submitted any concept
plans for this parcel.
• The lot size is less than the 2 acre minimum lot size for the A-C zoning district.
• Due to the size, shape, and multiple street frontages, future development on this site will
be limited.
• The rezoning request is consistent with Chapters 3 and 5 of the Comprehensive Plan.
• There are no wetland areas, shoreland areas, or floodplain areas on this parcel.
• There are no steep slopes or vegetation on this parcel.
Background
The City and Metropolitan Airports Commission (MAC) entered into a Memorandum of
Understanding in December 2010 to establish a mutually agreeable review process and
regulations for development parcels at Flying Cloud Airport. This mutually agreeable review
process involved 3 steps.
• Step one was completed last year amending the comprehensive plan and the zoning code
related to the establishment of the Airport Office and Airport Commercial zoning
districts.
• Step two is the rezoning of the six (6) MAC Development Parcels. (There is a public
hearing for each development parcel).
• Step three will be site plan review of the six (6) MAC Development Parcels which will
occur at some point in the future when a developer is ready to build.
The 120-Day Review Period Expires on April 8, 2014.
Planning Commission Recommendation
The Planning Commission voted 5-0 to recommend approval of the project at the January 27,
2014 meeting subject to the following condition:
1. Any site plan application will conform to all requirements of the City Code with the
granting of a waiver or a variance to the lot size requirement for the A-C zoning district.
Attachments
1. Ordinance
2. Staff Report
3. Overall Proposed Development Map
4. Location Map
5. Land Use Map
6. Zoning Map
7. Aerial photo
8. Planning Commission Minutes
MAC DEVELOPMENT PARCEL 5
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, REMOVING
CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,
AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND
ADOPTING BY REFERENCE CITY CODE CHAPTER 11 AND SECTION 11.99
WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance (hereinafter, the
"land") is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be removed from the
Public District and be placed in the Airport-Commercial (A-C) District.
Section 3. The proposal is hereby adopted and the land shall be, and hereby is
removed from the Public District and shall be included hereafter in the Airport—Commercial
(A-C) District, and the legal descriptions of land in each District referred to in City Code Section
11.03, Subdivisionl, Subparagraph B, shall be, and are amended accordingly.
Section 4. City Code Chapter 1, entitled"General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99,
"Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated
verbatim herein.
Section 5. This rezoning is subject to the following condition:
Any site plan application will conform to all requirements of the City Code with the granting of a
waiver or a variance to the lot size requirement for the A-C zoning district.
Section 6. This Ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
18th day of February, 2014, and finally read and adopted and ordered published in summary form
as attached hereto at a regular meeting of the City Council of said City on the day of
, 2014.
ATTEST:
Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on , 2014.
Exhibit A Legal Description MAC Development Parcel 5
That part of the South 100.00 feet of the West 5/8 of the North '/2 of the South '/2 of the Northeast
Quarter and that part of the W est 7/8 of the South 1/4 of the Northeast Quarter of Section 27,
Township 116 North, Range 22 West, Hennepin County, Minnesota, described as follows:
Beginning at the most southwesterly corner of Lot 1, Block 1, Alice Barney Addition, according
to the recorded plat thereof, Hennepin Count y, Minnesota; thence South 46 degrees 07 m Mutes
50 seconds East, assum ed bearing, along the north easterly right of way lin e of Pioneer Trail,
according to the Highway Easement as recorded as Document No. 1421934 a distance of 118.76
feet; thence southeasterly 65.39 feet along said right of way, along a tangential curve, concave to
the northeast, radius 768.95 feet, central an gle 04 degrees 52 m Mutes 21 seconds; thence
northeasterly 116.39 feet along a no n tangential curve, concave to the southeast, radius 1000.00
feet, central angle 06 degrees 40 minutes 08 seconds, chord bearing North 64 degrees 45 minutes
48 seconds East to the westerly right of way lin e of said Highway Easem ent; thence North 04
degrees 39 minutes 17 seconds East along right of way 78.23 feet to the south line of said Lot 1,
Block 1; thence South 89 degrees 31 m Mutes 56 seconds West along said south line 246.21 feet
to the point of beginning.
STAFF REPORT
TO: Planning Commission
FROM: Michael D. Franzen, City Planner
DATE: January 24, 2014
PROJECT: MAC DEVELOPMENT PARCEL 5
REZONING FROM PUBLIC TO A-C (AIRPORT COMMERCIAL)
LOCATION: Flying Cloud Airport
APPLICANT Metropolitan Airports Commission
OWNER: Metropolitan Airports Commission
120 DAY REVIEW: Expires April 8, 2014
REQUEST: Rezoning Parcel 5 from Public (PUB) to A-C (Airport Commercial) on 0.45
acres
PUBLIC REVIEW PROCESS FOR MAC DEVELOPMENT PARCELS
The City and Metropolitan Airports Commission (MAC) entered into a Memorandum of
Understanding in December 2010 to establish a mutually agreeable review process and
regulations for development parcels at Flying Cloud Airport. This mutually agreeable review
process involves 3 steps:
Step 1: Public hearings at the Planning Commission and City Council related to the
following requests.
• A text amendment to Chapter 3 of the City's Comprehensive Guide Plan to
identify Airport Commercial and Airport Office zoning for the proposed
parcels which are currently guided Airport.
• A text amendment to Chapter 5 of the City's Comprehensive Guide Plan
relating to safety zones.
• A text amendment to Chapter 11 of the City Code to create the Airport
Office and Airport Commercial Zoning Districts and the regulations to be
applied within these districts.
Step 2: Public hearings at the Planning Commission and City Council to review rezoning
of the MAC Development Parcels to Airport Office or Airport Commercial.
1
Step 3: Public hearings at the Planning Commission and City Council to review specific
site plans for the MAC Development Parcels.
TIMELINE FOR COMPLETION OF THE 3 STEP PROCESS
1. Step 1 was completed on October 16, 2012
2. Step 2 is the rezoning review of the MAC Development Parcels to Airport Office or
Airport Commercial.
The Metropolitan Airports Commission submitted a rezoning application for each of the
MAC Development Parcels on December 10, 2013. The application includes:
• A parcel map showing the boundaries of the proposed development parcel and a
legal description.
• An existing conditions map showing topography, wetlands, shoreland, flood
plain, steep slopes, and wooded areas.
• Concept plan(s)
• Perspective(s)
The purpose of the public hearing is to discuss the appropriateness of the zoning and
consistency with the comprehensive guide plan. The proposed concept plans shows ways
in which the parcels may develop in the future.
3. Step 3 will begin when the MAC and a developer file an application for Site Plan
Review. Then public hearings will be scheduled with the Planning Commission and City
Council to review specific site plans for the MAC Development Parcels.
PARCEL 5 REZONING FROM PUBLIC TO AIRPORT
COMMERCIAL
The applicant has not provided any concept plans for this development parcel.
• The lot size is less than the 2 acre minimum lot size for the A-C zoning district.
• Due to the size, shape, and multiple street frontages, future development on this parcel
will be limited.
• The rezoning request is consistent with Chapters 3 and 5 of the Comprehensive Plan.
• There are no wetland areas, shoreland areas, or floodplain areas on this parcel.
• There are no steep slopes or vegetation on this parcel.
2
STAFF RECOMMENDATION
Staff recommends approval of the rezoning from Public (PUB) to A-C (Airport Commercial) on
0.45 acres, subject to the following conditions:
1. Any site plan application will conform to all requirements of the City Code with the
granting of a waiver or a variance to the lot size requirement for the A-C zoning district.
3
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N 24 July,2012
MAC PROPOSED DEVELOPMENT PARCELS W,ti,
PARCELS PROPOSED RE-ZONING OF DEVELOPMENT PARCELS PROPOSED RE-ZONING OF DEVELOPMENT 1
2 38.98 acres A-OFC (Airport-Office) 5 1.13 acres A-C (Airport-Commercial)
3 4.28 acres A-C (Airport-Commercial) 6 18.59 acres A-OFC (Airport-Office) Airport Office
4 4,16 acres A-C (Airport-Commercial) 7 3.22 acres A-C (Airport-Commercial) [� _, Airport Commercial
Airport Boundary
Area Location Map
Metropolitan Airport Commisson (MAC)
Development Parcel #5
Yorkshire Lane
— Elm
No.
JI
Parce
Flying Cloud Drive
Pioneer Trail
0 245 490 980 Feet
Guide Plan Map
Metropolitan Airport Commission (MAC)
Development Parcel #5, Eden Prairie, MN 55347
e
Ali 0757
-4ii‘
4 11 IP‘A%, •
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si-- = Pioneer Trail
Parcel #5
Creekwood Park
/
ity of Eden Prairie Land Use Guide
Map 2000-2020
Rural Residential 0.10 Units/Acre Neighborhood Commercial N
Low Density Residential 0-2.5 Units/Acre MI Community Commercial Streams
Low Density/Public/Open Space - Regional Commercial -Principal Arterial
-A Minor Arterial
Medium Density residential 2.5-10 Units/Acre ®Town Center •i . $ +;. ,i
B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06
�1 Medium Density Residential/Office - Park/Open Space -Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07
DATE Revised 11-07-05 DATE Revised 06-01-07 E a E N
High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-23-06 DATE Revised 10-01-07
Minor Collector DATE Revised 03-23-06 DATE Revised 03-01-08
nAirport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09
Office - Church/Cemetary PRAIRIE
Y// Office/Industrial Open Water L16E•WORK•DHEAM
M
f� Office/Public/Open Space Right—Of—Way 580 290 Oogamm�Me molNmmlNM®1�XnpneB1 1 .., 580 Feet
- Industrial
Zoning Map
Metropolitan Airport Commission (MAC)
Development Parcel #5, Eden Prairie, MN 55347
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City • Prairie Zoning Map
=Rural -Regional Commercial Shoreland Management Classifications N
R1-44 One Family-44,000 sf.min. -TC-C I NE I Natural Environment Waters
R1-22 One Family-22,000 sf min. -TC-R I RD I Recreational Development Waters
R1-13.5 One Family-13,500 sf min. -TC-MU I GD I General Development Waters(Creeks Only) 1 1 ,f. t
R1-9.5 One Family-9,500 sf min. -Industrial Park-2Acre Min, ® 100- Year FlOOdplain
RM-6.5 Multi-Family-6.7 U.P.A.max. ^Industrial Park-5Acre Min.
-RM-2.5 Multi-Family-17.4 U.P.A.max.-General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008 EDEN
Office Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE
Neighborhood Commercial 1-1 GolfCourse Date:March 1,2009
Community Commercial l I Water In case of discrepancy related to a toning aassnicadon on this zoning map,the Ordinance tIVE•W0BIC•tlfi EI1M
and attached legal description on file at Eden Paine Ciry Center will prevail.
-Highway Commercial l I Right of Way
-Regional Service Commercial [Right of Way 0 0.1 25 0.25
Miles .wa_,o...m..,=,..=4..t..o.a.,a ..._.i.mz.i, ,..,,m„
Aerial Map
Metropolitan Airport Commission (MAC)
Parcel #5, Eden Prairie, MN 55347
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1 I I I I
APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY,JANUARY 27, 2014 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: John Kirk, Jon Stoltz, Katie Lechelt, Travis
Wuttke, Steven Frank, Ann Higgins, Mary Egan
STAFF MEMBERS: Mike Franzen, City Planner
Stu Fox, Manager of Parks and Natural Resources
Rod Rue, City Engineer
Julie Krull, Recording Secretary
I. PLEDGE OF ALLEGIANCE—ROLL CALL
Chair Stoltz called the meeting to order at 7:00 p.m. Higgins and Kirk were absent.
II. APPROVAL OF AGENDA
MOTION by Frank, seconded by Wuttke, to approve the agenda. Motion carried 5-0.
III. MINUTES
A. PLANNING COMMISSION MEETING HELD ON JANUARY 13, 2013
MOTION by Frank, seconded by Wuttke, to approve the minutes. Motion
carried 3-0. Lechelt and Stoltz abstained.
IV. INFORMATIONAL MEETINGS
V. PUBLIC MEETINGS
VI. PUBLIC HEARINGS
A. MAC DEVELOPMENT PARCEL 5
By: Metropolitan Airports Commission
Location: Flying Cloud Airport
Request for:
• Zoning District Change from Public to Airport Commercial on 0.45 acres.
January 27, 2014
Page 2
Ms. Rief said this parcel is very tiny and is located at the entrance of Super
America. It is too small for development, but they would like it combined with
Parcel 7 and use it potential for drainage.. There would be no building
structures that would be developed here.
Chair Stoltz asked Franzen to review the staff report. Franzen said even though
the site is small a building could be built and added that a stormwater pond
would be a good use of the property. Staff recommends approval based on the
condition that any site plan application will conform to all requirements of the
City Code and with the granting of a waiver or a variance to the lot size
requirement for the A-C zoning district.
Chair Stoltz opened the meeting up for public input. There was not input.
MOTION by Frank, seconded by Egan, to close the public hearing. Motion
carried 5-0.
MOTION by Frank, seconded by Egan, to recommend approval of the Zoning
District Change from Public to Airport Commercial on 0.45 acres, subject to the
following condition:
1. Any site plan application will conform to all requirements of the City Code
with the granting of a waiver or a variance to the lot size requirement for the
A-C zoning district.
Motion carried 5-0.
VII. PLANNERS' REPORT
Franzen said there will be 4 variance requests at the February l Oth meeting.
VIII. MEMBERS' REPORT
A. CITIZEN ADVISORY COMMITTEE—LIGHT RAIL
No update
IX. CONTINUING BUSINESS
X. NEW BUSINESS
XI. ADJOURNMENT
MOTION by Wuttke, seconded by Frank, to adjourn the meeting. Motion carried
January 27, 2014
Page 3
5-0.
There being no further business,the meeting was adjourned at 8:37 p.m.
CITY COUNCIL AGENDA DATE:
SECTION: Public Hearings February 18, 2014
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.E.
Community Rezoning of MAC Development Parcel 6
Development/Planning
Janet Jeremiah/
Requested Action
Move to:
• Close the Public Hearing; and
• Approve lst Reading of the Ordinance for Zoning District Change from Rural and RI-
13.5 to Airport Office (A-OFC), subject to the following conditions:
1. Rezoning only that portion of the property located north of the Runway 10R/28L line, as
depicted on Figure C2.
2. Any site plan application will conform to all requirements of the City Code.
Synopsis
The Metropolitan Airports Commission (MAC) zoning application to the city was to rezone the
entire 20 acre parcel from Rural to Airport Office (A-OFC). The City staff and the Planning
Commission both recommend rezoning approximately 10 acres of the parcel to Airport Office
north of the line identified as Runway 10L/28R. This approach would be a better fit with the
neighborhood and to minimize the impact on trees, slopes,wetlands, flood plain and shoreland
areas. At the Planning Commission meeting the MAC indicated that the northern part of the
parcel is more desirable than the southern portion but would like the potential to develop the
entire parcel.
The MAC has submitted 2 concept plans as examples of potential future Airport Office
development for the site.
Concept Plan 1 —33,000 square feet of office (6 office suites @ 2,500 square feet each and 9
office suites @ 2,000 square feet each)
Concept Plan 2—32,000 square feet of office (2 buildings @ 16,000 square feet each)
• Concept plan 1 occupies the entire 20 acre parcel.
• Concept plan 2 occupies approximately 13 acres of the 20 acre parcel.
• The rezoning request is consistent with Chapters 3 and 5 of the Comprehensive Plan.
• The concept plan appears to conform to the requirements of the Airport Office zoning
district.
• The plans do not impact wetland areas, shoreland areas, or floodplain areas.
• Concept plan 1 has impacts to the steep slopes and vegetation on site.
• Concept plan 2 has less of an impact to the steep slopes and vegetation compared to
Concept 1.
Background
The City and Metropolitan Airports Commission (MAC) entered into a Memorandum of
Understanding in December 2010 to establish a mutually agreeable review process and
regulations for development parcels at Flying Cloud Airport. This mutually agreeable review
process involved 3 steps.
• Step one was completed last year amending the comprehensive plan and the zoning code
related to the establishment of the Airport Office and Airport Commercial zoning
districts.
• Step two is the rezoning of the six (6) MAC Development Parcels. (There is a public
hearing for each development parcel).
• Step three will be site plan review of the six (6) MAC Development Parcels which will
occur at some point in the future when a developer is ready to build.
The 120-Day Review Period Expires on April 8, 2014.
Planning Commission Recommendation
The Planning Commission voted 4-1 to recommend approval of the project at the January 27,
2014 meeting subject to the following conditions:
1. Rezoning only that portion of the property located north of the Runway 10R/28L line, as
depicted on Figure C2. MAC will provide a legal description for the portion of Parcel 6.
2. Any site plan application will conform to all requirements of the City Code.
Attachments
1. Ordinance
2. Staff Report
3. Overall Development Map
4. Location Map
5. Land Use Map
6. Zoning Map
7. Aerial photo
8. Planning Commission Minutes
9. Email from Fedora
10. Email from Lungwitz
11. Email from Christenson
MAC DEVELOPMENT PARCEL 6
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, REMOVING
CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,
AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND
ADOPTING BY REFERENCE CITY CODE CHAPTER 11 AND SECTION 11.99
WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance (hereinafter, the
"land") is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be removed from the
Rural District and R1-13.5 District and be placed in the Airport-Office (A-OFC) District.
Section 3. The proposal is hereby adopted and the land shall be, and hereby is
removed from the Rural District and the R1-13.5 District and shall be included hereafter in the
Airport—Office (A-OFC) District, and the legal descriptions of land in each District referred to
in City Code Section 11.03, Subdivisionl, Subparagraph B, shall be, and are amended
accordingly.
Section 4. City Code Chapter 1, entitled"General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99,
"Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated
verbatim herein.
Section 5. This rezoning is approved subject to the following condition:
Any site plan application will conform to all requirements of the City Code.
Section 6. This Ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
18th day of February, 2014, and finally read and adopted and ordered published in summary form
as attached hereto at a regular meeting of the City Council of said City on the day of
, 2014.
ATTEST:
Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on , 2014.
Exhibit A Legal Description MAC Development Parcel 6
To be inserted prior to 2nd reading at City Council
STAFF REPORT
TO: Planning Commission
FROM: Michael D. Franzen, City Planner
DATE: January 24, 2014
PROJECT: MAC DEVELOPMENT PARCEL 6
REZONING FROM RURAL & R1-13.5 TO A-OFC (AIRPORT
OFFICE)
LOCATION: Flying Cloud Airport
APPLICANT Metropolitan Airports Commission
OWNER: Metropolitan Airports Commission
120 DAY REVIEW: Expires April 8, 2014
REQUEST: Rezoning Parcel 6 from Rural &R1-13.5 to A-OFC (Airport Office) on
20.02 acres
PUBLIC REVIEW PROCESS FOR MAC DEVELOPMENT PARCELS
The City and Metropolitan Airports Commission (MAC) entered into a Memorandum of
Understanding in December 2010 to establish a mutually agreeable review process and
regulations for development parcels at Flying Cloud Airport. This mutually agreeable review
process involves 3 steps:
Step 1: Public hearings at the Planning Commission and City Council related to the
following requests.
• A text amendment to Chapter 3 of the City's Comprehensive Guide Plan to
identify Airport Commercial and Airport Office zoning for the proposed
parcels which are currently guided Airport.
• A text amendment to Chapter 5 of the City's Comprehensive Guide Plan
relating to safety zones.
• A text amendment to Chapter 11 of the City Code to create the Airport
Office and Airport Commercial Zoning Districts and the regulations to be
applied within these districts.
Step 2: Public hearings at the Planning Commission and City Council to review rezoning
of the MAC Development Parcels to Airport Office or Airport Commercial.
1
Step 3: Public hearings at the Planning Commission and City Council to review specific
site plans for the MAC Development Parcels.
TIMELINE FOR COMPLETION OF THE 3 STEP PROCESS
1. Step 1 was completed on October 16, 2012
2. Step 2 is the rezoning review of the MAC Development Parcels to Airport Office or
Airport Commercial.
The Metropolitan Airports Commission submitted a rezoning application for each of the
MAC Development Parcels on December 10, 2013. The application includes:
• A parcel map showing the boundaries of the proposed development parcel and a
legal description.
• An existing conditions map showing topography, wetlands, shoreland, flood
plain, steep slopes, and wooded areas.
• Concept plan(s)
• Perspective(s)
The purpose of the public hearing is to discuss the appropriateness of the zoning and
consistency with the comprehensive guide plan. The proposed concept plans shows ways
in which the parcels may develop in the future.
3. Step 3 will begin when the MAC and a developer file an application for Site Plan
Review. Then public hearings will be scheduled with the Planning Commission and City
Council to review specific site plans for the MAC Development Parcels.
PARCEL 6 REZONING FROM RURAL & R1-13.5 TO AIRPORT
OFFICE
Concept Plan 1 —33,000 square feet of Office (6 office suites @ 2,500 square feet each and 9
Office Suites @ 2,000 square feet each)
• The concept plan occupies the entire 20 acre parcel.
• The rezoning request is consistent with Chapters 3 and 5 of the Comprehensive Plan.
• The concept plan appears to conform to the requirements of the Airport Office zoning
district.
• The concept plan does not impact wetland areas, shoreland areas, or floodplain areas.
• The concept plan has impacts to the steep slopes and vegetation on site.
• The concept plan shows the potential location(s) for storm water management. Specific
storm water management requirements will be reviewed as part of a site plan review.
2
Concept Plan 2—32,000 square feet of Office (2 buildings @ 16,000 square feet each)
• The concept plan occupies approximately 13 acres of the 20 acre parcel.
• The rezoning request is consistent with Chapters 3 and 5 of the Comprehensive Plan.
• The plan appears to conform to the requirements of the Airport Office zoning district.
• The plan does not impact wetland areas, shoreland areas, or floodplain areas.
• The plan has less of an impact to the steep slopes and vegetation compared to Concept 1.
• The concept plan shows the potential location(s) for storm water management. Specific
storm water management requirements will be reviewed as part of a site plan review.
STAFF RECOMMENDATION
Staff recommends approval of the rezoning from Rural to A-OFC (Airport Office), subject to the
following conditions:
1. Rezoning only that portion of the property located north of the Runway 10R/28L line, as
depicted on Figure C2. Prior to City Council review, MAC will provide a legal
description for the portion of Parcel 6.
2. Any site plan application will conform to all requirements of the City Code.
3
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N 24 July,2012
MAC PROPOSED DEVELOPMENT PARCELS W,ti,
PARCELS PROPOSED RE-ZONING OF DEVELOPMENT PARCELS PROPOSED RE-ZONING OF DEVELOPMENT 1
2 38.98 acres A-OFC (Airport-Office) 5 1.13 acres A-C (Airport-Commercial)
3 4.28 acres A-C (Airport-Commercial) 6 18.59 acres A-OFC (Airport-Office) Airport Office
4 4,16 acres A-C (Airport-Commercial) 7 3.22 acres A-C (Airport-Commercial) [� _, Airport Commercial
Airport Boundary
Area Location Map
Metropolitan Airport Commission (MAC)
Development Parcel #6
L_
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AmTree Farm Road
Parcel 6
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Guide Plan Map
Metropolitan Airport Commission (MAC)
Development Parcel #6, Eden Prairie, MN 55347
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City of Eden Pra' ie Land Use G i- *
•Plan Map 2000- 020
—"NI ----A----
Rural Residential 0.10 Units/Acre Neighborhood Commercial N
Low Density Residential 0-2.5 Units/Acre Fig Community Commercial Streams
Low Density/Public/Open Space - Regional Commercial -Principal Arterial
-A Minor Arterial
Medium Density residential 2.5-10 Units/Acre ®Town Center '•i . $ +;. ,i
—B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06
r----1 Medium Density Residential/Office - Park/Open Space -Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07
DATE Revised 11-07-05 DATE Revised 06-01-07 E a E N
High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-23-06 DATE Revised 10-01-07
Minor Collector DATE Revised 03-23-06 DATE Revised 03-01-08
nAirport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09
Office - Church/Cemetary PRAIRIE
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APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY,JANUARY 27, 2014 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: John Kirk, Jon Stoltz, Katie Lechelt, Travis
Wuttke, Steven Frank, Ann Higgins, Mary Egan
STAFF MEMBERS: Mike Franzen, City Planner
Stu Fox, Manager of Parks and Natural Resources
Rod Rue, City Engineer
Julie Krull, Recording Secretary
I. PLEDGE OF ALLEGIANCE—ROLL CALL
Chair Stoltz called the meeting to order at 7:00 p.m. Higgins and Kirk were absent.
II. APPROVAL OF AGENDA
MOTION by Frank, seconded by Wuttke, to approve the agenda. Motion carried 5-0.
III. MINUTES
A. PLANNING COMMISSION MEETING HELD ON JANUARY 13, 2013
MOTION by Frank, seconded by Wuttke, to approve the minutes. Motion
carried 3-0. Lechelt and Stoltz abstained.
IV. INFORMATIONAL MEETINGS
V. PUBLIC MEETINGS
VI. PUBLIC HEARINGS
A. MAC DEVELOPMENT PARCEL 6
By: Metropolitan Airports Commission
Location: Flying Cloud Airport
Request for:
January 27, 2014
Page 2
• Zoning District Change from Rural &R1-13.5 to Airport Office on 20.02
acres.
Ms. Rief said this parcel is located east of the air field and would be the second
of two office sites. This parcel has significant trees and topography which will
limit development. The first concept would be office suite structures. Given
the topography they would be looking for something spread out and tucked into
the hill. The second concept would two buildings at the north end of the parcel.
Chair Stoltz asked Franzen to review the staff report. Franzen said staff
recommendation is for approval of the rezoning from Rural to A-OFC (Airport
Office), subject to the following conditions:
1. Rezoning only that portion of the property located north of the Runway
10R/28L line, as depicted on Figure C2 in the staff report. Prior to City Council
review, MAC will provide a legal description for the portion of Parcel 6.
2. Any site plan application will conform to all requirements of the City code.
Frank asked Ms. Rief what they thought about just the north parcel being
developed and not the south portion. Ms. Rief said the north parcel is more
desirable than the south parcel, but they would like the potential to develop both
parcels.
Chair Stoltz asked Franzen if the Commission should accept the
recommendation in the staff report. Franzen concurred that was correct.
Mr. Rief said this site works well for northern development. Residents may see
rooftops but the hill provides a buffer for this. Wuttke commented if we were
just to go with half of the parcel being developed it may be better in regards to
the homeowners.
Chair Stoltz opened the meeting up for public input.
John Fedora, of 9820 Tree Farm Road, said when they purchased their home in
1991, there were told this parcel of land was zoned rural. They have wild life in
their back yard. To change the zone now would mean they were not told the
truth 20 years ago. Over 20 residents are impacted by this decision. Plus, he
said, the property values will drop. This is a public piece of land so we have to
ask what is the best use of the property; and he said offices are not the answer.
The land, given the terrain, is ridiculous to develop on. On the north end, there
is a house 100 feet away from the proposed building with no buffer. Mr. Fedora
asked that this not be approved.
Brian Reid, who resides on Kirsten Place,just wanted to say this is a unique plot
of land that is butting up to residential neighborhoods.
January 27, 2014
Page 3
Frank said he heard tonight from the residents that they would not like to see
development and rezoning in this parcel and asked if MAC and the residents
could work together for a resolve.
Mr. Reid said his house on Kirsten Place over looks the whole space. The first
proposal with development on the south side would mean someone could
potentially look into his bedroom window or he could look out and see roofs.
Frank asked Mr. Reid if just the northern parcel was developed on would it be
an issue for him. Mr. Reid said it would not. Frank said another option would
be development with feedback from the neighbors.
Mr. Fedora said the ideal situation would be no development and the worst case
scenario would be to work with the neighbors.
Eric Johnson, representing the Airport Commission, said they really do not have
a time line for development. The commercial sites are opportune sites. He
stated he believes parcel 6 would be one of the slowest developed. They have
been working with the City on this and want it to make sure development works
with the City.
Chair Stoltz asked if the Commission Members were in favor of the re-zoning.
Egan said yes, she is in favor of the re-zoning. Frank said he was in favor of re-
zoning the northern parcel, contingent on working with the homeowners.
Lechelt said she is against it. Wuttke said he concerned about the runways and
the development. Stoltz said he would vote for re-zoning but going forward
would need to look at the site plans from the neighbor's perspective.
MOTION by Frank, seconded by Egan, to close the public hearing. Motion
carried 5-0.
MOTION by Frank, seconded by Egan, to recommend approval of the Zoning
District Change from Rural to Airport Office, subject to the following
conditions:
1. Rezoning only that portion of the property located north of the Runway
10R/28L line, as depicted on Figure C2. Prior to city Council review, MAC
will provide a legal description for the portion of Parcel 6.
2. Any site plan application will conform to all requirements of the City code.
Motion carried 4-1, Lechelt opposed.
VII. PLANNERS' REPORT
Franzen said there will be 4 variance requests at the February 10th meeting.
January 27, 2014
Page 4
VIII. MEMBERS' REPORT
A. CITIZEN ADVISORY COMMITTEE—LIGHT RAIL
No update
IX. CONTINUING BUSINESS
X. NEW BUSINESS
XI. ADJOURNMENT
MOTION by Wuttke, seconded by Frank, to adjourn the meeting. Motion carried
5-0.
There being no further business, the meeting was adjourned at 8:37 p.m.
Julie Klima
From: John Fedora <john@home-energyservices.com>
Sent: Saturday,January 25, 2014 2:21 PM
To: Mike Franzen;Julie Klima
Cc: Cynthia.A.Geiwitz@wellsfargo.com; dfedora@comcast.net; 'Dan Sheehan'; 'Robin
Kleinert; keschmidt9@gmail.com; kschmidt@bllh.org; pjclarkhines@comcast.net;
paul.rosol@comcast.net; sara.rosol@comcast.net;sarahmgs@comcast.net;
Iml@centurylink.net;jburb93016@aol.com; millie9775@msn.com;
linda j.zimmerman@ampf.com; shines@unitedsugars.com; cgeiwitz@comcast.net;
jpfedora@comcast.net; darla.dejong@genmills.com; 'DeJong, Rick'
Subject: MAC Development- Parcel 6 Rezone
Attachments: view of parcel 6.JPG
Importance: High
Follow Up Flag: Follow up
Flag Status: Completed
Please forward to the planning commission
Before we purchased our home in 1991 we went to city hall to inquire about the land behind the home. We
were told it was zoned rural, owned by the airport and was part of the safety zones and would or could not be
developed. Here we are 23 years later and it appears those 2 of the 3 statements were false. Living at 9820
Tree Farm Rd for 23 years has been a compromise of living under the runway path and living next to a "closed"
landfill. (That is another story.) The benefit of living here is the view, wildlife and undeveloped land behind us.
This is our small piece of Eden in Eden Prairie. (See attached photo—view from our house looking west to
parcel 6) If this parcel is rezoned the benefits go away. Property value drops. And the potential for selling our
home diminishes.
Rezoning parcel 6 from rural to airport office adversely affects our quality of life and penalizes us financially.
Parcel 6 is the only parcel under consideration that directly abuts residential property- 14 resident properties
touch this parcel with several more nearby with a sliver of park land between them and parcel 6. This makes
parcel 6 unique from the other parcels under consideration.
Rezoning of parcel 6 directly negatively and financially affects 14 to 20 families.
It is important to remember that all of the parcels to be rezoned are not private property but technically
public land and our taxes in one way or another pay for or support public land. When making decisions about
land use of public land, a different calculus should be used. That is, what is the best use for the greatest
common good?
This public land benefits the nearby residents and the local wild life. Additionally, it still provides a safety zone
for the airport, even if the MAC arbitrarily now says it doesn't. The question is: it developing this public land
1
to provide office space for a few businesses the best use of the land and is it the greatest common good for
the public?
From a technical or practical point of view, parcel 6 has challenges because of the steep topography. The
contour map shows this but most people can't really appreciate what the contour lines mean in reality. It
does not give a true picture of how the land truly looks. The aerial photos also flatten the perspective.
You must see the land in person to appreciate the extreme topography. To make any decision about the land
use of this parcel without physically looking at the parcel is irresponsible.
The concept plan does not address the extreme topography. The picture superimposed on the aerial photo
places the southern edge of the building on top of the hill for everyone to see and overlooking the Tree Farm
neighborhood while the north end of the building is in the lowest part of the valley. The conceptual plan must
address how they plan to fit the buildings into the topography and how the buildings will be buffered and
hidden from the adjoining residents. Changing the zoning based on this incomplete and flawed conceptual
plan is irresponsible. "Trust us" is not an acceptable answer.
In summary
I strongly urge you to NOT rezone parcel 6 for the reasons stated above:
1 Breaking a promise of land use and designation
2 Unique parcel in that it directly touches many residential properties. None of the other parcels
under consideration do so.
3 Negative financial and quality of life impact to many residents
4 Not the greatest common good use for public land
5 Impractical because of the extreme topography
6 Incomplete/flawed conceptual plan that does not address the extreme topography and buffer to
residents.
John Fedora
9820 Tree Farm Rd
Eden Prairie, MN 55347-4222
612,812.5221
John@home-energyservices.com
2
Julie Klima
From: Mike Franzen
Sent: Monday,January 27, 2014 7:34 AM
To: Julie Klima
Subject: FW: Letter to the City of Eden Prairie Planning Commission
Original Message
From: Lisa Lungwitz [mailto:Iml@centurylink.net]
Sent: Sunday,January 26, 2014 7:25 PM
To: Mike Franzen
Subject: Letter to the City of Eden Prairie Planning Commission
You have received this link to the City of Eden Prairie, Minnesota from:
Lisa Lungwitz<Iml@centurylink.net>
http://www.edenprairie.org/index.aspx?page=72
I'm forwarding a well written letter regarding the possible rezoning and future development of Parcel 6. It expresses my
feelings as well. I've been a property owner in this neighborhood for 18 years and love the area,the view,the wildlife
and the value of our properties, our peace and serenity.
Begin Forwarding:
Before we purchased our home in 1991 we went to city hall to inquire about the land behind the home. We were told it
was zoned rural, owned by the airport and was part of the safety zones and would or could not be developed. Here we
are 23 years later and it appears those 2 of the 3 statements were false. Living at 9820 Tree Farm Rd for 23 years has
been a compromise of living under the runway path and living next to a "closed" landfill. (That is another story.)The
benefit of living here is the view, wildlife and undeveloped land behind us.This is our small piece of Eden in Eden Prairie.
(See attached photo—view from our house looking west to parcel 6) If this parcel is rezoned the benefits go away.
Property value drops.And the potential for selling our home diminishes.
Rezoning parcel 6 from rural to airport office adversely affects our quality of life and penalizes us financially.
Parcel 6 is the only parcel under consideration that directly abuts residential property- 14 resident properties touch this
parcel with several more nearby with a sliver of park land between them and parcel 6. This makes parcel 6 unique from
the other parcels under consideration.
Rezoning of parcel 6 directly negatively and financially affects 14 to 20 families.
It is important to remember that all of
the parcels to be rezoned are not private property but technically public land and our taxes in one way or another pay
for or support public land. When making decisions about land use of public land, a different calculus should be used.
That is,what is the best use for the greatest common good?
This public land benefits the nearby residents and the local wild life. Additionally, it still provides a safety zone for the
airport, even if the MAC arbitrarily now says it doesn't. The question is: it developing this public land to provide office
space for a few businesses the best use of the land and is it the greatest common good for the public?
From a technical or practical point of view, parcel 6 has challenges because of the steep topography. The contour map
shows this but most people can't really appreciate what the contour lines mean in reality. It does not give a true picture
of how the land truly looks. The aerial photos also flatten the perspective.
You must see the land in person to appreciate the extreme topography. To make any decision about the land use of this
parcel without physically looking at the parcel is irresponsible.
1
The concept plan does not address the extreme topography. The picture superimposed on the aerial photo places the
southern edge of the building on top of the hill for everyone to see and overlooking the Tree Farm neighborhood while
the north end of the building is in the lowest part of the valley. The conceptual plan must address how they plan to fit
the buildings into the topography and how the buildings will be buffered and hidden from the adjoining residents.
Changing the zoning based on this incomplete and flawed conceptual plan is irresponsible. "Trust us" is not an
acceptable answer.
In summary
strongly urge you to NOT rezone parcel 6 for the reasons stated above:
1 Breaking a promise of land use and designation
2 Unique parcel in that it directly touches many residential properties. None of the other parcels under
consideration do so.
3 Negative financial and quality of life impact to many residents
4 Not the greatest common good use for public land
5 Impractical because of the extreme topography
6 Incomplete/flawed conceptual plan that does not address the extreme topography and buffer to residents.
John Fedora
9820 Tree Farm Rd
Eden Prairie, MN 55347-4222
612.812.5221
iohn@home-energyservices.com
Lisa Lungwitz
2
Julie Klima
From: Todd and Lesley_ <millie9775@msn.com>
Sent: Monday,January 27, 2014 6:00 PM
To: Mike Franzen;Julie Klima
Subject: RE: MAC Development - Parcel 6 Rezone
Importance: High
Please forward this message to the Planning Commission
Thank you.
Eden Prairie Planning Commission:
My wife and I purchased our home in Eden Prairie in 1991. I, as many neighbors had, researched the local
issues that could negatively impact our decision prior to making our final decision. We were informed that the
land across the street behind our neighbors would never be developed since it was the approach area for the
runways for the airport. We made a decsion to move forward with the purchase considering the lack of
developmnet a trade off for the airport noise. We have been happy with the decision and have enjoyed the
natural environement of the undeveloped space.
As has been stated by our neighbors:
Rezoning parcel 6 from rural to airport office adversely affects our quality of life and penalizes us financially.
Parcel 6 is the only parcel under consideration that directly abuts residential property- 14 resident properties
touch this parcel with several more nearby with a sliver of park land between them and parcel 6. This makes
parcel 6 unique from the other parcels under consideration.
Rezoning of parcel 6 directly negatively and financially affects 14 to 20 families.
It is important to remember that all of the parcels to be rezoned are not private property but technically
public land and our taxes in one way or another pay for or support public land. When making decisions about
land use of public land, a different calculus should be used. That is, what is the best use for the greatest
common good?
This public land benefits the nearby residents and the local wild life. Additionally, it still provides a safety zone
for the airport, even if the MAC arbitrarily now says it doesn't. The question is: it developing this public land
to provide office space for a few businesses the best use of the land and is it the greatest common good for
the public?
From a technical or practical point of view, parcel 6 has challenges because of the steep topography. The
contour map shows this but most people can't really appreciate what the contour lines mean in reality. It
does not give a true picture of how the land truly looks. The aerial photos also flatten the perspective.
You must see the land in person to appreciate the extreme topography. To make any decision about the land
use of this parcel without physically looking at the parcel is irresponsible.
1
The concept plan does not address the extreme topography. The picture superimposed on the aerial photo
places the southern edge of the building on top of the hill for everyone to see and overlooking the Tree Farm
neighborhood while the north end of the building is in the lowest part of the valley. The conceptual plan must
address how they plan to fit the buildings into the topography and how the buildings will be buffered and
hidden from the adjoining residents. Changing the zoning based on this incomplete and flawed conceptual
plan is irresponsible. "Trust us" is not an acceptable answer.
In summary
We strongly urge you to NOT rezone parcel 6 for the reasons stated above:
Breaking a promise of land use and designation
Unique parcel in that it directly touches many residential properties. None of the other parcels under
consideration do so.
Negative financial and quality of life impact to many residents
Not the greatest common good use for public land
Impractical because of the extreme topography
Incomplete/flawed conceptual plan that does not address the extreme topography and buffer to residents.
Todd and Lesley Christenson
9775 Tree Farm Road
Eden Prairie, MN
952-944-2806
millie9775@msn.com
2
CITY COUNCIL AGENDA DATE:
SECTION: Public Hearings February 18, 2014
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.F.
Community Rezoning of MAC Development Parcel 7
Development/Planning
Janet Jeremiah/
Requested Action
Move to:
• Close the Public Hearing; and
• Approve 1 St Reading of the Ordinance for Zoning District Change from Public (PUB)
to Airport Commercial (A-C) on 3.17 acres, subject to the following condition:
1. Any site plan application will conform to all requirements of the City Code.
Synopsis
The Metropolitan Airports Commission (MAC) is proposing to rezone 3.17 acres of property
from Public (PUB) to Airport—Commercial (A-C). The MAC has submitted a concept plan as
an example of potential future Airport Commercial development for the site.
Concept Plan -A 12,000 square foot retail building.
• The rezoning request is consistent with Chapters 3 and 5 of the Comprehensive Plan.
• The concept plans appear to conform to the requirements of the Airport Commercial
zoning district.
• The plan does not impact wetland areas, shoreland areas, or floodplain areas.
• The plan does not impact steep slopes and vegetation on site.
Background
The City and Metropolitan Airports Commission (MAC) entered into a Memorandum of
Understanding in December 2010 to establish a mutually agreeable review process and
regulations for development parcels at Flying Cloud Airport. This mutually agreeable review
process involved 3 steps.
• Step one was completed last year amending the comprehensive plan and the zoning code
related to the establishment of the Airport Office and Airport Commercial zoning
districts.
• Step two is the rezoning of the six (6) MAC Development Parcels. (There is a public
hearing for each development parcel).
• Step three will be site plan review of the six (6) MAC Development Parcels which will
occur at some point in the future when a developer is ready to build.
The 120-Day Review Period Expires on April 8, 2014.
Planning Commission Recommendation
The Planning Commission voted 5-0 to recommend approval of the project at the January 27,
2014 meeting subject to the following condition:
1. Any site plan application will conform to all requirements of the City Code.
Attachments
1. Ordinance
2. Staff Report
3. Overall Development Proposal Map
4. Location Map
5. Land Use Map
6. Zoning Map
7. Aerial photo
8. Planning Commission Minutes
9. E-mail from Swift
MAC DEVELOPMENT PARCEL 7
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, REMOVING
CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,
AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND
ADOPTING BY REFERENCE CITY CODE CHAPTER 11 AND SECTION 11.99
WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance (hereinafter, the
"land") is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be removed from the
Public District and be placed in the Airport-Commercial (A-C) District.
Section 3. The proposal is hereby adopted and the land shall be, and hereby is
removed from the Public District and shall be included hereafter in the Airport—Commercial
(A-C) District, and the legal descriptions of land in each District referred to in City Code Section
11.03, Subdivisionl, Subparagraph B, shall be, and are amended accordingly.
Section 4. City Code Chapter 1, entitled"General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99,
"Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated
verbatim herein.
Section 5. This rezoning is approved subject to the following condition:
Any site plan application will conform to all requirements of the City Code.
Section 6. This Ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
18th day of February, 2014, and finally read and adopted and ordered published in summary form
as attached hereto at a regular meeting of the City Council of said City on the day of
, 2014.
ATTEST:
Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on , 2014.
Exhibit A Legal Description MAC Development Parcel 7
That part of the Northeast Quarter of Section 27, Township 116 North, Range 22 W est,
Hennepin County, Minnesota, described as follows:
Commencing on the north line of said Section 27 at a point 5 chains West of the Northeast corner
of said Section 27; thence on an assigned bearing of South 00 degrees 23 m Mutes 16 seconds
East, parallel with the east line of said Section 27, a distance of 1985.50 feet to the north line of
the South Quarter of said Northeast Quarter; thence South 89 degrees 34 m mutes 49 seconds
West, along said north line 12.93 f eet to the poin t of beginning of the pa rcel to be herein
described; thence continue South 89 degrees 34 minutes 49 seconds West, along said north line,
647.07 feet to the west line of th e East 990.00 feet of said Nort heast Quarter; thence North 00
degrees 23 minutes 16 seconds West, along said west line, 100.15 feet to the southeast corner of
Lot 1, Block 2, Augusta Addition, accord ing to the recorded plat thereof, Hennepin County,
Minnesota; thence south 89 degrees 31 m mutes 56 seconds West, along the south line of said
Block 2, to the sou thwest corner thereof, also being the easterly right of way line of Pioneer
Trail; thence South 04 degrees 39 minutes 17 seconds West, along said easterly right of way line
174.55 feet; thence South 33 degrees 13 m mutes 57 seconds East, along said right of way line,
109.77 feet; thence easterly 804.85 feet, along the sout herly right of way line of said Pioneer
Trail, along a non-tangential curve, concave to the north, radius of 768.94 feet, a central angle of
59 degrees 58 minutes 16 seconds, a chord distance of 768.61 feet, and a chord bearing of North
77 degrees 06 minutes 01 seconds East to the point of beginning.
STAFF REPORT
TO: Planning Commission
FROM: Michael D. Franzen, City Planner
DATE: January 24, 2014
PROJECT: MAC DEVELOPMENT PARCEL 7
REZONING FROM PUBLIC (PUB) TO A-C (AIRPORT
COMMERCIAL)
LOCATION: Flying Cloud Airport
APPLICANT Metropolitan Airports Commission
OWNER: Metropolitan Airports Commission
120 DAY REVIEW: Expires April 8, 2014
REQUEST: Rezoning Parcel 7 from Public (PUB) to A-C (Airport Commercial) on 3.17
acres
PUBLIC REVIEW PROCESS FOR MAC DEVELOPMENT PARCELS
The City and Metropolitan Airports Commission (MAC) entered into a Memorandum of
Understanding in December 2010 to establish a mutually agreeable review process and
regulations for development parcels at Flying Cloud Airport. This mutually agreeable review
process involves 3 steps:
Step 1: Public hearings at the Planning Commission and City Council related to the
following requests.
• A text amendment to Chapter 3 of the City's Comprehensive Guide Plan to
identify Airport Commercial and Airport Office zoning for the proposed
parcels which are currently guided Airport.
• A text amendment to Chapter 5 of the City's Comprehensive Guide Plan
relating to safety zones.
• A text amendment to Chapter 11 of the City Code to create the Airport
Office and Airport Commercial Zoning Districts and the regulations to be
applied within these districts.
Step 2: Public hearings at the Planning Commission and City Council to review rezoning
of the MAC Development Parcels to Airport Office or Airport Commercial.
1
Step 3: Public hearings at the Planning Commission and City Council to review specific
site plans for the MAC Development Parcels.
TIMELINE FOR COMPLETION OF THE 3 STEP PROCESS
1. Step 1 was completed on October 16, 2012
2. Step 2 is the rezoning review of the MAC Development Parcels to Airport Office or
Airport Commercial.
The Metropolitan Airports Commission submitted a rezoning application for each of the
6 development parcels on December 10, 2013. The application includes:
• A parcel map showing the boundaries of the proposed development parcel and a
legal description.
• An existing conditions map showing topography, wetlands, shoreland, flood
plain, steep slopes, and wooded areas.
• Concept plan(s)
• Perspective(s)
The purpose of the public hearing is to discuss the appropriateness of the zoning and
consistency with the comprehensive guide plan. The proposed concept plans shows ways
in which the parcels may develop in the future.
3. Step 3 will begin when the MAC and a developer file an application for Site Plan
Review. Then public hearings will be scheduled with the Planning Commission and City
Council to review specific site plans for the MAC Development parcels.
PARCEL 7 REZONING FROM PUBLIC TO AIRPORT
COMMERCIAL
Concept Plan - 12,000 square foot retail building
• The rezoning request is consistent with Chapters 3 and 5 of the Comprehensive Plan.
• The concept plan appears to conform to the requirements of the Airport Commercial
zoning district.
• The concept plan does not impact wetland areas, shoreland areas, or floodplain areas.
• The concept plan does not impact steep slopes and vegetation.
• The concept plan shows the potential location(s) for storm water management. Specific
storm water management requirements will be with a site plan review.
2
STAFF RECOMMENDATION
Staff recommends approval of the rezoning from Public (PUB) to A-C (Airport Commercial) on
3.17 acres subject to the following condition:
1. Any site plan application will conform to all requirements of the City Code.
3
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MAC PROPOSED DEVELOPMENT PARCELS W,ti,
PARCELS PROPOSED RE-ZONING OF DEVELOPMENT PARCELS PROPOSED RE-ZONING OF DEVELOPMENT 1
2 38.98 acres A-OFC (Airport-Office) 5 1.13 acres A-C (Airport-Commercial)
3 4.28 acres A-C (Airport-Commercial) 6 18.59 acres A-OFC (Airport-Office) Airport Office
4 4,16 acres A-C (Airport-Commercial) 7 3.22 acres A-C (Airport-Commercial) [� _, Airport Commercial
Airport Boundary
Area Location Map
Metropolitan Airport Commission (MAC)
Development Parcel #7
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Guide Plan Map
Metropolitan Airport Commission (MAC)
Development Parcel #7, Eden Prairie, MN 55347
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City of Eden Prairie Land Use Guide
Plan Map 2000-2020
Rural Residential 0.10 Units/Acre Neighborhood Commercial N
Low Density Residential 0-2.5 Units/Acre MI Community Commercial Streams
Low Density/Public/Open Space - Regional Commercial -Principal Arterial
-A Minor Arterial
Medium Density residential 2.5-10 Units/Acre ®Town Center •i . . +;. ,i
-B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06
r---1 Medium Density Residential/Office - Park/Open Space —Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07
DATE Revised 11-07-05 DATE Revised 06-01-07 EDEN
High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-23-06 DATE Revised 10-01-07
Minor Collect
or DATE Revised03-23-06 DATE Revised 03-01-08
nAirport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09
Office - Church/Cemetary PRAIRIE
Y// Office/Industrial Open Water LIVE•WORK.DREAM
f� Office/Public/Open Space Right—Of—Way 410 205 M 0ogamm�Me molNmmlNM®1�XnpneB1 1 ..,®410^tlFeet
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Zoning Map
Metropolitan Airport Commission (MAC)
Development Parcel #7 Eden Prairie, MN 55347
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City of Eden Prairie Zoning Map
=Rural -Regional Commercial Shoreland Management Classifications N
R1-44 One Family-44,000 sf.min. -TC-C I NE I Natural Environment Waters
R1-22 One Family-22,000 sf min. -TC-R I RD I Recreational Development Waters
R1-13.5 One Family-13,500 sf min. -TC-MU I GD I General Development Waters(Creeks Only) 1 1 ,f. t
R1-9.5 One Family-9,500 sf min. -Industrial Park-2Acre Min, ® 100- Year FlOOdplain
RM-6.5 Multi-Family-6.7 U.P.A.max. ^Industrial Park-5Acre Min.
-RM-2.5 Multi-Family-17.4 U.P.A.max.-General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008 EDEN
Office Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE
Neighborhood Commercial 1-1 GolfCourse Date:March 1,2009
Community Commercial l I Water In case of discrepancy related to a toning aassnicadon on this zoning map,the Ordinance tIVE•WOBIC•tlfi EI1M
and attached legal description on file at Eden Paine Ciry Center will prevail.
-Highway Commercial l I Right of Way
-Regional Service Commercial [Right of Way 0 0.1 0.2
Miles .wa_,o...m..,=,..=4..t..o.a.,a ..._.i.mz.i, ,..,,m„
Aerial Map
Metropolitan Airport Commission (MAC)
Parcel #7, Eden Prairie, MN 55347
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APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY,JANUARY 27, 2014 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: John Kirk, Jon Stoltz, Katie Lechelt, Travis
Wuttke, Steven Frank, Ann Higgins, Mary Egan
STAFF MEMBERS: Mike Franzen, City Planner
Stu Fox, Manager of Parks and Natural Resources
Rod Rue, City Engineer
Julie Krull, Recording Secretary
I. PLEDGE OF ALLEGIANCE—ROLL CALL
Chair Stoltz called the meeting to order at 7:00 p.m. Higgins and Kirk were absent.
II. APPROVAL OF AGENDA
MOTION by Frank, seconded by Wuttke, to approve the agenda. Motion carried 5-0.
III. MINUTES
A. PLANNING COMMISSION MEETING HELD ON JANUARY 13, 2013
MOTION by Frank, seconded by Wuttke, to approve the minutes. Motion
carried 3-0. Lechelt and Stoltz abstained.
IV. INFORMATIONAL MEETINGS
V. PUBLIC MEETINGS
VI. PUBLIC HEARINGS
A. MAC DEVELOPMENT PARCEL 7
By: Metropolitan Airports Commission
Location: Flying Cloud Airport
Request for:
• Zoning District Change from Public to Airport Commercial on 3.17 acres.
January 27, 2014
Page 2
Ms. Rief said this parcel is adjacent to parcel 5, by Super America. This site is
12000 sq. feet and is limited in size. They are requesting it be zoned airport
commercial.
Chair Stoltz asked Franzen to review the staff report. Franzen said staff
recommends approval based on the condition that any site plan application will
conform to all requirements of the City code.
Lechelt asked if this was the parcel that contained the community garden site.
Franzen said it is and stated the Parks Department is looking for another
location for this.
Frank asked the project proponent that once they begin the process and are
talking with developers, are they going to seek a variety of development. Mr.
Johnson said they have not gotten to that stage but are looking for a mixed
development.
Chair Stoltz opened the meeting for public input.
Pat Brom, of 12661 Pioneer Trail, asked in regards to traffic on parcel 7, why
are there two driveways.
Leroy Jetlicka, of 12501 Pioneer Trail, said he is not against commercial
development. He does not know how they are going to handle the traffic
problems in the area.
Chair Stoltz asked Rue to address traffic on parcel 7. Rue said off of Pioneer
Trail,just one access point would be the best.
Carol Prom said she is one of the gardeners and is concerned with losing the
garden space.
MOTION by Frank, seconded by Egan, to close the public hearing. Motion
carried 5-0.
MOTION by Frank, seconded by Egan, to recommend approval of the Zoning
District Change from Public to Airport Commercial on 3.17 acres, subject to the
following condition:
1. Any site plan application will conform to all requirements of the City code.
Motion carried5-0.
VII. PLANNERS' REPORT
Franzen said there will be 4 variance requests at the February 10th meeting.
January 27, 2014
Page 3
VIII. MEMBERS' REPORT
A. CITIZEN ADVISORY COMMITTEE—LIGHT RAIL
No update
IX. CONTINUING BUSINESS
X. NEW BUSINESS
XI. ADJOURNMENT
MOTION by Wuttke, seconded by Frank, to adjourn the meeting. Motion carried
5-0.
There being no further business, the meeting was adjourned at 8:37 p.m.
CITY COUNCIL AGENDA DATE:
SECTION: Public Hearings February 18, 2013
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.G.
Community Code Amendment District Standards and
Development/Planning Parking for Airport Commercial and Airport
Janet Jeremiah/ Office Zoning Districts
Requested Action
Move to:
• Close the Public Hearing; and
• Approve 1st Reading of the Ordinance amending Chapter 11 Section 11.03, Subd 2
Tables 4 and 5. (District Standards), and Section 11.03 Subd 3. H.4 (Parking
Requirement Use)
Synopsis
This amendment adds:
• Setbacks, lot sizes, building height, site coverage, parking, etc., requirements for the A-C
(Airport Commercial) zoning district. The amendments are the same as other
commercial zoning districts.
• Setbacks, lot sizes, building height, site coverage, parking, etc., requirements for the A-
OFC (Airport Office) zoning district. The amendments are the same as the office zoning
district. The proposed changes are shown in red on the draft amendment.
Planning Commission Recommendation
The Planning Commission voted 6-0 to recommend approval of the code amendment at the
January 13, 2014 meeting.
Attachments
1. Ordinance
2. Chapter 11 with changes in color
3. Staff Report 01-10-14
4. Planning Commission Minutes 01-14-13
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. -2014
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY
CODE CHAPTER 11 AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND
SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS:
Section 1. City Code Chapter 11, Section 11.03, Subd. 2, Table 4 is hereby am ended by adding
rows "A-C" and"A-OFC" at the end of the table to read as shown on attached Exhibit A.
Section 2. City Code Chapter 11, Section 11.03, Subd. 2, Table 5 is hereby am ended by adding
rows "A-C" and"A-OFC" at the end of the table to read as shown on attached Exhibit B.
Section 3. City Code Chapter 11, Section 11.03, Subd. 3, H 4 is hereby am ended by adding to row
"d" of the table in the District Land Uses column after the words "*OFC"the words ", A-OFC".
Section 4. City Code Chapter 11, Section 11.03, Subd. 3, H 4 is hereby am ended by adding to row
"e" of the table in the District Land Uses column after the words "COMM"the words ", A-C".
Section 5. City Code Chapter 1 e ntitled "General Provisions and Definitions Applicable to the
Entire City Code Including Penalty for Viola tion" and Section 11. 99 entitled "Violation a
Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim
herein.
Section 6. This ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular m eeting of the City Council of the City of Eden Prairie on the
day of , 2014, and fina lly read and adopted and ordered published at a
regular meeting of the City Council of said City on the day of , 2014.
City Clerk Mayor
Published in the Eden Prairie News on the day of , 2014.
MINIMUM LOT SIZE MINIMUM YARD-SETBACK
OFFICE/ MINIMUM LOT SITE AREA PER MAX.FLOOR MAXIMUM HEIGHT
COMMERCIAL/ Area WIDTH AT DWELLING AREA RATIO BASE AREA OF MAIN
INDUSTRIAL/ S.F.of RIGHT OF One Both UNIT SQ.FT. (FAR) RATIO STRUCTU
DIST. Acres Width Depth WAY Front Side Sides Rear OR ACRES (BAR)* RE(FT.)
Ft. Ft. Ft. Ft. Ft. Ft.
OFC 20,000 100 100 100 35 20 50 20 Dwelling Not 0.3 - 1 Story 0.3 30
Permitted 0.5-Multi Story
N-COM 2 acres 200 200 200 35 20 40 10 Dwelling Not 0.2- 1 Story 0.2 30
Permitted 0.4-Multi Story
C-COM 5 acres 300 300 300 35 20 40 10 Dwelling Not 0.2- 1 Story 0.2 30
Permitted 0.4-Multi Story
C-HWY 20,000 100 130 100 35 20 40 10 Dwelling Not 0.3 - 1 Story 0.3 40
Permitted 0.4-Multi Story
C-REG-SER 10,000 80 100 80 35 20 40 10 Dwelling Not 0.2- 1 Story 0.2 40
Permitted 0.4-Multi Story
GC 75 acres 100 300 100 35 20 40 10 Dwelling Not 0.3 - 1 Story 0.3 30
Permitted 0.5-Multi Story
A-C 2 acres 200 200 200 35 20 40 10 Dwelling Not 0.2—1 Story 0.2 30
Permitted 0.4—2 Story
A-OFC 20,000 100 100 100 35 20 50 20 Dwelling Not 0.3 - 1 Story 0.3 30
Permitted 0.5-Multi Story
Table 4-Section 11.03
Source: Ordinance No.2-2007;Effective Date: 1-23-07
Source: Ordinance No. 9-87;Effective Date: 5-7-87
Source: Ordinance No. 3-2011;Effective Date: 3-24-11
a
ACCESSORY STRUCTURES
MAX.
OFFICE/ FLOOR AREA TOTAL
COMMERCIAL/ Min.Dist. Min.Dist. SCREENING MIN.ZONE MAX. PRIMARY FLOOR
INDUSTRIAL Maximum to Side to Rear OFF-STREET AND AREA ZONE USE AREA
DISTRICTS Height Lot Line Lot Line LOADING LANDSCAPING (ACRES) AREA (SQ.FT.) (SQ.FT.)
I _I (ACRES)
OFC 15 10 10 YES YES N/A N/A N/A N/A
N-COM 15 10 10 YES YES 2 15 20,000 50,000
C-COM 15 20 10 YES YES 5 20 30,000 200,000
C-HWY 40 20 10 YES YES 5 20 20,000 100,000
C-REG-SER 40 20 10 YES YES 10 N/A N/A N/A
C-REG 40 50 50 YES YES 60 N/A N/A N/A
I-2 PARK 40 20 25 YES YES 40 N/A N/A N/A
1-5 PARK 40 20 25 YES YES 40 N/A N/A N/A
I-GEN 40 20 50 YES YES 80 N/A N/A N/A
PUB 30 30 30 YES YES N/A N/A N/A N/A
GC 30 30 30 YES YES N/A N/A N/A N/A
A-C 15 10 10 YES YES NA NA NA NA
A-OFC 15 10 10 YES YES N/A N/A N/A N/A
Table 5-Section 11.03
Tables redone under Ordinance No. 9-87,Effective Date: 5-7-87
Ordinance No. 18-90,Effective Date: 9-21-90
Ordinance No.2-2007,Effective Date: 1-23-07
CD
DISTRICT LAND USES OFF-STREET PARKING SPACE REQUIREMENTS
a. Rural Same as b. below
b. R1-44, R1-22, R1-13.5, 2/D.U. 1 enclosed minimum
R1-9.5 4/D.U. - Maximum
Driveway Parking Acceptable
Source: Ordinance No. 72-84
Effective Date: 4-5-84
c. RM-6.5 and RM-2.5 2/D.U. 2/1 enclosed
d. *OFC, A G.F.A. RATIO
1-60,000 s.f. 5.0/1000 s.f.
Source: Ordinance No. 9-87
Effective Date: 5/7/87 60,001-70,000 s.f. 4.9/1000 s.f. _
70,001-80,000 s.f. 4.8/1000 s.f.
80,001-90,000 s.f. 4.7/1000 s.f.
90,001-100,000 s.f. 4.6/1000 s.f.
_100,001-150,000 s.f. 4.2/1000 s.f.
150,001 PLUS s.f. 4.0/1000 s.f.
e. COMM, A-C
Service Stations 10+ spaces where cars are serviced
Motels, Hotels 1/guest room + 1/employee
Restaurant Type 1 1/2.5 seats based on capacity
Restaurant Type 2 1/3 seats based on capacity
Restaurant Type 3 1/2 seats based on capacity
Source: Ordinance No.22-2007
Effective Date: 9/13/2007
**Banks 6.0/1000 sq. ft. G.F.A.
Source: Ordinance No. 9-87
Effective Date: 5/7/87
Retail Stores and Shops 5/1000 sq. ft. G.F.A.
Source: Ordinance No.22-2007
Effective Date:9/13/2007
Arenas, Theaters, Assembly 1/3 seats
Halls
Warehouses 1/2-1000 G.F.A.
Source: Ordinance No. 9-87
Effective Date: 5-7-87
f. IND**
Manufacturing 3/1000 sq. ft. G.F.A.
Warehouses 1/2-1000 sq. ft. G.F.A.
Office 5/1000 sq. ft. G.F.A.
Gymnasium 5/1000 sq. ft. G.F.A.
g. PUB
Places of Worship 1/3 seats in largest assembly room II
h. Golf Course 1/3 seats in the clubhouse plus 72 spaces
Source: Ordinance No.2-2007
Effective Date: 1-23-07
Source: Ordinance No. 16-82
Effective Date: 1-14-83
*The requirements for any use not specifically mentioned shall be designated by the City Manager.
Source: City Code
Effective Date: 9-17-82
11-18
STAFF REPORT:
TO: Planning Commission
FROM: Michael D. Franzen, City Planner
DATE: January 10, 2014
SUBJECT: Code Amendment—Setbacks, lot sizes,building height, site coverage,parking,
etc., requirements for the A-C (Airport Commercial) and A-OFC (Airport Office)
Zoning
BACKGROUND:
This amendment adds A-C (Airport Commercial) and A-OFC (Airport Office) to:
1. Section 11.03, Subd 2 Tables 4 and 5. (District Standards)
2. Section 11.03 Subd 3. H.4 (Parking Requirement Use)
The proposed changes are shown in a red color.
STAFF RECOMMENDATION
The staff recommends approval of the code amendment as drafted.
APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY,JANUARY 13, 2014 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: John Kirk, Jon Stoltz, Katie Lechelt, Travis
Wuttke, Steven Frank, Ann Higgins, Mary Egan
STAFF MEMBERS: Mike Franzen, City Planner
Robert Ellis, Public Works Director
Stu Fox, Manager of Parks and Natural Resources
Rod Rue, City Engineer
Julie Krull, Recording Secretary
I. PLEDGE OF ALLEGIANCE —ROLL CALL
Vice Chair Kirk called the meeting to order at 7:00 p.m. Lechelt and Stoltz were
absent.
II. APPROVAL OF AGENDA
MOTION by Frank, seconded by Higgins, to approve the agenda. Motion carried 5-0.
III. MINUTES
A. PLANNING COMMISSION MEETING HELD ON NOVEMBER 25, 2013
MOTION by Frank, seconded by Egan, to approve the minutes. Motion carried
4-0. Wuttke abstained.
IV. INFORMATIONAL MEETINGS
V. PUBLIC MEETINGS
VI. PUBLIC HEARINGS
A. CODE AMENDMENT—DISTRICT STANDARDS AND OFF STREET
PARKING FACILITIES FOR THE A-C (AIRPORT COMMERCIAL)
ANDA-OFC (AIRPORT OFFICE)DISTRICTS
By City of Eden Prairie
January 13, 2014
Page 2
Request to:
• Amend City Code to include District Standards and Off Street Parking
Facilities for the AC (Airport Commercial) and A-OFC (Airport Office)
districts related to lot sizes and dimensions, setbacks, height, base area and
floor area ratios, and parking.
Franzen presented this code amendment. He stated there are three charts
included in the staff report and the changes are in red. He pointed out that
the standards will be used to prepare site plans for future development.
Staff recommendation is for approval.
Vice Chair Kirk opened the meeting up for public input. There was no
input.
MOTION by Frank, seconded by Wuttke, to close the public hearing.
Motion carried 5-0.
MOTION by Frank, seconded by Wuttke, to recommend approval of the
Amendment to City Code related to District Standards and Off Street
Parking Facilities for the AC (Airport Commercial)and A-OFC (Airport
Office) districts related to lot sizes and dimensions, setbacks, height, base
area and floor area ratios and parking. Motion carried 5-0.
VII. PLANNERS' REPORT
Franzen said there will be 6 public hearings for the January 27, 2014 meeting
related to the MAC Development Parcels. He added that the notices were mailed
out earlier than the 10 day requirement to allow residents more time to review
plans posted on the City website.
VIII. MEMBERS' REPORT
A. CITIZEN ADVISORY COMMITTEE—LIGHT RAIL
No update
IX. CONTINUING BUSINESS
X. NEW BUSINESS
XI. ADJOURNMENT
MOTION by Higgins, seconded by Egan, to adjourn the meeting. Motion carried
5-0.
January 13, 2014
Page 3
There being no further business,the meeting was adjourned at 7:07 p.m.
CITY COUNCIL AGENDA DATE:
SECTION: Payment of Claims February 18, 2014
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 230278 —230704
Wire Transfers 1006168 — 1006390
Wire Transfers 4925 4958
Attachments
4925 December Purchasing Card Payment
City of Eden Prairie
Council Check Summary
2/18/2014
Division Amount Division Amount
General 156,657 315 Economic Development 10,966
100 City Manager 5,636 502 Park Development 1,505
101 Legislative 57,724 513 CIP Pavement Management 3,276
102 Legal Counsel 40,632 525 Flying Cloud Dr Improvements -28,693
104 Contingency 5,000 526 Transportation Fund 28,693
110 City Clerk 340 527 CIP-Leasing Costs 575
111 Customer Service 9,202 528 Shady Oak Rd-CR 61 North 33,867
112 Human Resources 1,295 529 Shady Oak Rd-CR 61 South 89,988
113 Communications 21,972 530 Pool Upgrade/Expansion 29,771
114 Benefits&Training 13,656 531 Eden Prairie Road 3,248
130 Assessing 63 532 EP Road Connect Flying Cloud 2,363
131 Finance 645 Total Capital Project Funds 175,558
132 Housing and Community Services 23,409
133 Planning 3,250 601 Prairie Village Liquor 216,713
136 Public Safety Communications 2,656 602 Den Road Liquor 381,166
137 Economic Development 47 603 Prairie View Liquor 230,972
138 Community Development Admin. 296 605 Den Road Building 4,329
150 Park Administration 146 701 Water Fund 196,633
151 Park Maintenance 9,765 702 Sewer Fund 307,303
153 Organized Athletics 6,454 703 Storm Drainage Fund 56,169
154 Community Center 53,943 Total Enterprise Funds 1,393,284
156 Youth Programs 6,038
158 Senior Center 4,248 316 WAFTA 925
160 Therapeutic Recreation 1,575 803 Escrow Fund 1,567
161 Oak Point Pool 34,210 806 SAC Agency Fund 9,940
162 Arts 907 807 Benefits Fund 998,081
163 Outdoor Center 1,937 809 Investment Fund 6,627
168 Arts Center 1,235 810 Workers Comp Insurance 310
180 Police 22,008 812 Fleet Internal Service 79,089
183 Emergency Preparedness 68 813 IT Internal Service 254,713
184 Fire 877,027 814 Facilities Capital ISF 29,897
186 Inspections 3,303 815 Facilites Operating ISF 124,203
200 Engineering 3,144 816 Facilites City Center ISF 105,471
201 Street Maintenance 52,289 817 Facilites Comm.Center ISF 80.504
202 Street Lighting 91,898 Total Internal Service Funds 1,691,326
Total General Funds 1,512,673
Report Totals 6,371,360
301 CDBG 42,929
303 Cemetary Operation 1
308 E-911 17,177
309 DWI Forfeiture 3,159
312 Recycle Rebate 3,020
Total Special Revenue Funds 66,286
423 2003C Open Space Bonds 198,803
424 G.O.Improvement Bonds 2003D 178,500
429 G.O.Improvement Bonds 2005C 101,573
430 G.O.Improvement Bonds 2006A 685,131
431 G.O.Improvement Bonds 2006B 264,848
443 2012C GO Perm Impr Ref Bonds 102,500
445 Cable PEG 879
Total Debt Service Funds 1,532,233
City of Eden Prairie
Council Check Register
2/18/2014
Check# Amount Supplier/Explanation Account Description Business Unit Explanation
4926 1,153,651 WELLS FARGO BANK MINNESOTA NA Interest 2012C GO Penn Impr Ref Bonds Bond Payment
4941 829,013 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Fire Relief Pension Payment Fire Fire Relief Payment
230575 288,827 METROPOLITAN COUNCIL ENVIRONMENTAL SERVI MCES User Fee Sewer Utility-General Monthly MCES Payment
230419 244,714 HEALTHPARTNERS Accounts Receivable Health and Benefits Medical/Dental Premium
4947 224,830 CERIDIAN Federal Taxes Withheld Health and Benefits Taxes Withheld
4937 223,210 CERIDIAN Federal Taxes Withheld Health and Benefits Taxes Withheld
4954 198,803 US BANK TRUST NATIONAL ASSN Principal 2003C Open Space Refunding Bon Bond Payment
4925 178,500 US BANK TRUST NATIONAL ASSN Principal G.O.Improvement Bonds 2003D Bond Payment
4934 151,295 MINNESOTA DEPT OF REVENUE Sales Tax Payable Facilities Operating ISF Sales&Use Tax
4940 148,840 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA
1006253 147,430 NEW WORLD SYSTEMS Software IT Operating Maintenance/License
4950 141,696 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA
1006333 102,490 SRF CONSULTING GROUP INC Design&Engineering Shady Oak Rd-CR 61 North South Final Design/North Construction Phase
230569 92,568 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store
1006389 73,915 XCEL ENERGY Electric Outdoor Center
230621 65,628 WIRTZ BEVERAGE MINNESOTA Wine Domestic Den Road Liquor Store
230588 65,580 NORTHERN AIR CORPORATION Contract Svcs-HVAC Police City Center
230320 56,949 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store
1006290 49,450 CENTERPOINT ENERGY SERVICES INC Gas Water Treatment Plant
230604 49,238 SOUTHERN WINE&SPIRITS OF MN Wine Domestic Den Road Liquor Store
1006240 44,011 GREGERSON ROSOW JOHNSON&NILAN LTD Legal Rehab
4945 42,611 US BANK Repair&Maint.Supplies Sewer Liftstation
1006214 36,747 XCEL ENERGY Electric City Hall-CAM
1006278 35,019 XCEL ENERGY Electric Public Safety Communications
230440 34,071 IND SCHOOL DIST 272 Other Contracted Services Oak Point Operations
230384 30,503 CARGILL SALT Salt Snow&Ice Control
230471 30,258 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant
230337 30,103 NORTHERN AIR CORPORATION Other Contracted Services Fitness/Conference-Cmty Ctr
230556 29,771 HAMMEL,GREEN AND ABRAHAMSON Design&Engineering Pool Upgrade/Expansion
230278 28,693 O'MALLEY CONSTRUCTION INC Improvement Contracts Transportation Fund
230454 28,430 LEAGUE OF MINNESOTA CITIES Dues&Subscriptions City Council
230505 27,649 VAISALA Equipment Parts Public Works
1006268 26,014 THORPE DISTRIBUTING Beer Den Road Liquor Store
230665 25,000 LAND TITLE INC Refunds CDBG-Public Service
4929 24,871 US BANK-CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance
1006190 23,852 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1
1006207 23,570 THORPE DISTRIBUTING Beer Den Road Liquor Store
4949 21,485 ING Deferred Compensation General Fund
4939 21,082 ING Deferred Compensation General Fund
230498 20,893 SOUTHERN WINE&SPIRITS OF MN Wine Imported Prairie Village Liquor Store
230363 20,584 WIRTZ BEVERAGE MINNESOTA Liquor Prairie View Liquor Store
230676 19,439 MINGER CONSTRUCTION INC Improvement Contracts Storm Drainage
230366 19,199 ABM JANITORIALSERVICES-NORTH CENTRAL INC Janitor Service City Hall-CAM
230513 18,813 WIRTZ BEVERAGE MINNESOTA Liquor Den Road Liquor Store
230364 18,750 WIRTZ BEVERAGE MINNESOTA BEER INC Beer Den Road Liquor Store
1006275 18,140 WENCK ASSOCIATES INC Design&Engineering Storm Drainage
230427 17,361 I-494 CORRIDOR COMMISSION TREASURER Dues&Subscriptions City Council
230508 17,136 WASHINGTON COUNTY Other Contracted Services E-911 Program
230489 16,938 PRAIRIE PARTNERS SIX LLP Waste Disposal Prairie Village Liquor Store
1006232 16,147 ESRI Software Maintenance IT Operating
230281 16,000 ARVIG CONSTRUCTION Other Hardware IT Capital
Check# Amount Supplier/Explanation Account Description Business Unit Explanation
1006296 15,900 DIVERSE BUILDING MAINTENANCE Janitor Service Fitness/Conference-Cmty Ctr
230488 15,620 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store
1006279 15,309 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating
230450 14,582 KODIAK CUSTOM LETTERING INC Clothing&Uniforms Community Center Admin
4948 14,490 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund
230396 14,490 DISPLAY ARTS Other Contracted Services Environmental Education
230445 14,397 JOHNSON BROTHERS LIQUOR CO Wine Domestic Prairie View Liquor Store
4938 14,383 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund
1006280 14,007 ADVANCED ENGINEERING&ENVIRONMENTAL SE Other Contracted Services Sewer Liftstation
230594 13,760 PHILLIPS WINE AND SPIRITS INC Liquor Den Road Liquor Store
230490 13,280 PRAIRIEVIEW RETAIL LLC Advertising Prairie View Liquor Store
230373 13,253 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance
1006348 12,993 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating
230568 12,594 JJ TAYLOR DISTRIBUTING MINNESOTA Beer Prairie View Liquor Store
1006246 12,509 LOGIS Network Support IT Operating
1006295 12,481 DAY DISTRIBUTING Beer Den Road Liquor Store
230622 12,470 WIRTZ BEVERAGE MINNESOTA BEER INC Beer Den Road Liquor Store
4943 12,467 GENESIS EMPLOYEE BENEFITS,INC HSA Health and Benefits
230514 12,406 WIRTZ BEVERAGE MINNESOTA BEER INC Beer Den Road Liquor Store
1006199 12,403 PRAIRIE ELECTRIC COMPANY Contract Svcs-Fire/Life/Safe Public Works/Parks
1006340 12,125 THORPE DISTRIBUTING Beer Den Road Liquor Store
230444 12,006 JJ TAYLOR DISTRIBUTING MINNESOTA Beer Den Road Liquor Store
230318 11,932 JJ TAYLOR DISTRIBUTING MINNESOTA Beer Prairie Village Liquor Store
230647 11,536 GRAYMONT Treatment Chemicals Water Treatment Plant
230593 11,500 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store
230315 11,361 ITSAVVY LLC Hardware Maintenance IT Operating
230301 10,894 EATS Miscellaneous City Hall-Direct Costs
230499 10,825 SOUTHWEST SUBURBAN PUBLISHING-CLASSIFIED Legal Notices Publishing Prairie Village Liquor Store
230303 10,638 FIRE SAFETY USA INC Equipment Repair&Maint Fire
230472 10,500 MUNICIPAL LEGISLATIVE COMMISSION Dues&Subscriptions City Council
4933 10,326 LIBERTY TITLE Refunds CDBG-Public Service
230292 10,254 CARGILL SALT Salt Snow&Ice Control
230567 10,037 J WOLLMAN ROOFING&CONSTRUCTION Equipment Repair&Maint Water Wells
1006310 9,896 HAWKINS INC Treatment Chemicals Water Treatment Plant
230672 9,841 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund
230702 9,499 WIRTZ BEVERAGE MINNESOTA Liquor-Incentives Prairie Village Liquor Store
230468 8,941 MINNESOTA UI FUND Unemployment Compensation Organizational Services
1006228 8,936 DAY DISTRIBUTING Beer Den Road Liquor Store
4953 8,917 GENESIS EMPLOYEE BENEFITS,INC HSA General Fund
4930 8,782 GENESIS EMPLOYEE BENEFITS,INC HSA General Fund
1006177 8,737 CENTERPOINT ENERGY Gas Water Treatment Plant
230522 8,284 AMERICAN WATER WORKS ASSOCIATION Dues Water Distribution
230422 8,280 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Fire
230625 8,100 SITEIMPROVE,INC Other Contracted Services Communications
1006262 7,500 SENIOR COMMUNITY SERVICES Other Contracted Services Housing and Community Service
230307 7,186 GRAYMONT Treatment Chemicals Water Treatment Plant
230635 7,067 BUDGET PLUMBING CORP Equipment Repair&Maint Water Treatment Plant
230620 7,040 WINE MERCHANTS INC Wine Imported Den Road Liquor Store
1006256 7,033 PRAIRIE ELECTRIC COMPANY Contract Svcs-General Bldg Fire Station#3
230673 6,929 MICHALES,MARILYN J Right of Way&Easement Shady Oak Rd-CR 61 North
1006229 6,883 DIVERSE BUILDING MAINTENANCE Janitor Service Den Road Liquor Store
4952 6,875 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits
230587 6,840 NORTH METRO ASPHALT LLC Improvement Contracts Storm Drainage
230362 6,704 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store
230338 6,627 NORTHSHORE ADVISORS LLC Interest Investment Fund
1006226 6,345 CERIDIAN Ceridian IT Operating
Check# Amount Supplier/Explanation Account Description Business Unit Explanation
230603 6,250 SOUTHDALE YMCA YOUTH DEVELOPMENT PROGRAM Other Contracted Services Housing and Community Service
1006260 6,250 RIGHTLINE DESIGN LLC Other Contracted Services Communications
230297 6,139 COMMUNITY ACTION PARTNERSHIP Refunds CDBG-Public Service
230667 6,067 LEIRNESS,ALAN P Right of Way&Easement Shady Oak Rd-CR 61 North
230643 6,003 FOSTER,JOHN D Right of Way&Easement Shady Oak Rd-CR 61 North
230304 6,000 FRSECURE LLC Other Contracted Services IT Capital
230645 6,000 FRSECURE LLC Other Contracted Services IT Capital
230533 5,995 BROWN&SAENGER INC Capital Under$25,000 Water Distribution
1006218 5,927 A-SCAPE INC Contract Svcs-Snow Removal Den Bldg.-CAM
1006170 5,894 A-SCAPE INC Contract Svcs-Snow Removal Fire Station#5
230520 5,888 AFTER BURNER AUTO BODY Auto Repair&Maint. Sewer System Maintenance
230425 5,718 HOHENSTEINS INC Beer Den Road Liquor Store
1006182 5,628 DAY DISTRIBUTING Beer Prairie Village Liquor Store
230601 5,316 SHORT ELLIOTT HENDRICKSON INC Design&Engineering EP Rd Connect to Flying Cloud
230341 5,141 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store
230549 5,000 FAMILY HOUSING FUND Other Contracted Services Reserve
1006289 4,835 CENTERPOINT ENERGY Gas Prairie View Liquor Store
1006342 4,731 VAN PAPER COMPANY Cleaning Supplies Outdoor Center Facilities
1006171 4,602 ASPEN WASTE SYSTEMS INC. Waste Disposal City Hall-CAM
230641 4,463 EMERGENCY RESPONSE SOLUTIONS Protective Clothing Fire
1006293 4,368 COMPAR INC Computers IT Operating
230512 4,271 WINE MERCHANTS INC Wine Imported Den Road Liquor Store
230289 4,052 BROTHERS FIRE PROTECTION Contract Svcs-Fire/Life/Safe Historical Buildings
1006363 3,984 HAWKINS INC Treatment Chemicals Water Treatment Plant
230411 3,970 GOODPOINTE TECHNOLOGY (C/O ZOOM) Software Maintenance IT Operating
1006345 3,899 WINE COMPANY,THE Wine Imported Den Road Liquor Store
230552 3,839 GRAYMONT Treatment Chemicals Water Treatment Plant
1006371 3,782 METRO SALES INCORPORATED* Other Rentals IT Operating
230408 3,756 FOREST BIOMEDICAL Laboratory Chemicals Water Treatment Plant
1006272 3,716 VINOCOPIA Liquor Den Road Liquor Store
230461 3,619 MIDWEST COCA COLA BOTTLING COMPANY Merchandise for Resale Concessions
230414 3,578 GRAYMONT Treatment Chemicals Water Treatment Plant
230441 3,500 IND SCHOOL DISTRICT 272 Other Contracted Services Housing and Community Service
1006204 3,436 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Wells
230558 3,406 HENNEPIN VILLAGE MASTER ASSOC AR Utility Water Enterprise Fund
230660 3,370 IND SCHOOL DIST 272 Gym Rental Touch Football
1006265 3,370 SRF CONSULTING GROUP INC Design&Engineering Sewer Capital
1006173 3,276 BRAUN INTERTEC CORPORATION Testing-Soil Boring CIP Pavement Management
230611 3,250 TEENS ALONE Other Contracted Services Housing and Community Service
230633 3,250 BLUESTEM HERITAGE GROUP Other Contracted Services Heritage Preservation
230506 3,220 VERIZON WIRELESS Wireless Subscription Facilities Staff
1006220 3,186 BARR ENGINEERING COMPANY Design&Engineering Storm Drainage Projects
230657 3,157 HENNEPIN COUNTY TREASURER Other Contracted Services Project Fund
230351 3,136 SOUTHERN WINE&SPIRITS OF MN Liquor Prairie Village Liquor Store
1006178 3,049 CERIDIAN Ceridian IT Operating
230368 3,037 ADESA MPLS Miscellaneous DWI Forfeiture
230626 3,020 WCCO TV Other Contracted Services Recycle Rebate
230637 3,015 CENTURYLINK Elevators Cummins Grill
1006211 3,003 VAN PAPER COMPANY Cleaning Supplies City Hall-CAM
230344 3,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service
1006300 2,950 EMERSON NETWORK POWER Hardware Maintenance IT Operating
1006390 2,929 ADVANCED ENGINEERING&ENVIRONMENTAL SE Other Contracted Services Water Accounting
1006283 2,924 BELLBOY CORPORATION Liquor Den Road Liquor Store
230516 2,895 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Fleet Operating
1006347 2,873 XCEL ENERGY Electric Den Bldg.-CAM
230475 2,841 NORTH STAR PUMP SERVICE Equipment Parts Sewer Liftstation
Check# Amount Supplier/Explanation Account Description Business Unit Explanation
230561 2,838 IMPACT PROVEN SOLUTIONS Other Contracted Services Environmental Education
230521 2,826 ALPINE DIVERSIFIED SERVICES INC Contract Svcs-Garden Romm Garden Room Repairs
230476 2,761 NORTHERN AIR CORPORATION Contract Svcs-Plumbing Senior Center
1006291 2,760 CERIDIAN Ceridian IT Operating
1006358 2,755 GENUINE PARTS COMPANY Equipment Parts Storm Drainage
1006343 2,738 VINOCOPIA Liquor Den Road Liquor Store
1006243 2,662 JEFFERSON FIRE&SAFETY INC Protective Clothing Fire
1006267 2,578 STREICHERS Clothing&Uniforms Police
230335 2,564 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods
4935 2,554 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating
1006205 2,516 STREICHERS Clothing&Uniforms Police
1006321 2,424 METRO SALES INCORPORATED* Other Rentals Customer Service
1006369 2,363 MCNEILUS STEEL INC Repair&Maint.Supplies Utility Operations-General
1006241 2,352 HANSEN THORP PELLINEN OLSON Other Contracted Services Park Acquisition&Development
230678 2,343 MINNESOTA SAFETY SERVICES LLC Other Contracted Services Pool Lessons
230437 2,205 IND SCHOOL DIST 272 Facility Rtl-Tax Exempt Ice Rink#1
230342 2,189 PHILLIPS WINE AND SPIRITS INC Liquor Den Road Liquor Store
1006282 2,093 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage
230539 2,058 COMMERCIAL REFRIGERATION SYSTEMS INC Contract Svcs-Asphalt/Concrt Fitness/Conference-Cmty Ctr
1006274 1,984 WATSON CO INC,THE Merchandise for Resale Concessions
230420 1,969 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police
230683 1,965 NATIONAL MARTIAL ARTS ASSOCIATION,INC Instructor Service Lesson Skills Development
230524 1,947 ARTISAN BEER COMPANY Beer Den Road Liquor Store
1006221 1,918 BELLBOY CORPORATION Misc Taxable Prairie Village Liquor Store
230559 1,883 HOHENSTEINS INC Beer Den Road Liquor Store
1006276 1,872 WINE COMPANY,THE Wine Imported Den Road Liquor Store
230553 1,872 GREEN TOUCH SYSTEMS Roads-Dust Control Gravel Roads Dust Control
4927 1,821 GENESIS EMPLOYEE BENEFITS,INC Accounts Payable Health and Benefits
1006297 1,798 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions
1006225 1,757 CDW GOVERNMENT INC. Operating Supplies Organizational Services
230529 1,728 BERRY COFFEE COMPANY Merchandise for Resale Concessions
230576 1,719 MIDWEST COCA COLA BOTTLING COMPANY Misc Taxable Den Road Liquor Store
230290 1,710 BUREAU OF CRIMINAL APPREHENSION Software IT Operating
1006353 1,701 CUSTOM HOSE TECH Equipment Parts Fleet Operating
230555 1,700 GYM WORKS Equipment Repair&Maint Fitness Center
230542 1,685 EARL F ANDERSEN INC Signs Park Maintenance
230528 1,675 BERNICK'S WINE Beer Den Road Liquor Store
230310 1,626 HOHENSTEINS INC Beer Den Road Liquor Store
230457 1,560 MAROTTA,VIC Instructor Service Lesson Skills Development
1006210 1,549 US HEALTH WORKS MEDICAL GRP MN,PC Health&Fitness Fire
1006242 1,540 ICC Conference/Training Inspections-Administration
1006238 1,536 GRAINGER Repair&Maint.Supplies City Hall-CAM
1006322 1,521 METROPOLITAN FORD Equipment Repair&Maint Fleet Operating
1006245 1,484 LITTLE FALLS MACHINE INC Equipment Parts Fleet Operating
230628 1,481 ACCELERATED TECHNOLOGIES LLC Equipment Repair&Maint Fitness Classes
230655 1,460 HENNEPIN COUNTY TREASURER Other Contracted Services Project Fund
1006331 1,452 R&R SPECIALTIES OF WISCONSIN INC Repair&Maint-Ice Rink Ice Arena Maintenance
1006360 1,440 GRAINGER Repair&Maint.Supplies Sewer Liftstation
1006304 1,439 FERRELLGAS Operating Supplies Utility Operations-General
230662 1,432 JJ TAYLOR DISTRIBUTING MINNESOTA Received not Vouchered Prairie Village Liquor Store
230375 1,415 BERGERSON-CASWELL INC Equipment Repair&Maint Water Wells
230545 1,404 EDINA,CITY OF Printing Therapeutic Rec Admin
1006281 1,382 ANCHOR PAPER COMPANY Office Supplies Customer Service
230530 1,365 BETHEL UNIVERSITY Tuition Reimbursement/School Fire
1006325 1,359 PARLEY LAKE WINERY Wine Domestic Den Road Liquor Store
1006248 1,334 LYNDALE PLANT SERVICES Contract Svcs-Int.Landscape City Hall-CAM
Check# Amount Supplier/Explanation Account Description Business Unit Explanation
230449 1,333 KEEPERS Clothing&Uniforms Police
230283 1,314 BERNICK'S WINE Misc Taxable Den Road Liquor Store
1006354 1,305 DAY DISTRIBUTING Received not Vouchered Den Road Liquor Store
4958 1,300 GENESIS EMPLOYEE BENEFITS,INC HSA Health and Benefits
230682 1,295 MRA-THE MANAGEMENT ASSOCIATION Dues&Subscriptions Human Resources
230605 1,265 STAPLES ADVANTAGE Office Supplies City Center Operations
230311 1,250 HOMELINE Other Contracted Services Housing and Community Service
1006213 1,240 WATSON CO INC,THE Merchandise for Resale Concessions
1006315 1,235 KIDCREATE STUDIO Instructor Service Arts Center
230357 1,214 US FOODS INC Supplies-General Bldg Garden Room Repairs
1006352 1,209 CLAREY'S SAFETY EQUIPMENT Safety Supplies Fire
1006336 1,166 STREICHERS Clothing&Uniforms Police
230484 1,165 PAUSTIS&SONS COMPANY Wine Imported Prairie Village Liquor Store
230609 1,160 STORK,ALEX Other Contracted Services Water Treatment Plant
1006344 1,138 WATSON CO INC,THE Merchandise for Resale Concessions
230372 1,115 ARTISAN BEER COMPANY Beer Den Road Liquor Store
1006388 1,111 VAN PAPER COMPANY Cleaning Supplies City Hall-CAM
230393 1,103 DAVANNI'S PIZZA Merchandise for Resale Concessions
230460 1,100 METROPOLITAN COUNCIL Other Contracted Services Storm Drainage
230681 1,100 MN TRANSPORTATION ALLIANCE Dues&Subscriptions Engineering
1006270 1,096 US HEALTH WORKS MEDICAL GRP MN,PC Health&Fitness Fire
230674 1,095 MIDWEST COCA COLA BOTTLING COMPANY Merchandise for Resale Concessions
230624 1,094 XTREME INTEGRATION Miscellaneous Water Treatment Plant
1006319 1,090 MENARDS Building Materials Traffic Signs
230589 1,090 OLYMPIC HILLS GOLF CLUB Operating Supplies Fire
230421 1,088 HENNEPIN COUNTY UT DEPT Equipment Repair&Maint IT Operating
1006250 1,073 METRO SALES INCORPORATED* Equipment Repair&Maint IT Operating
1006172 1,072 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage
230654 1,053 HENNEPIN COUNTY TREASURER Other Contracted Services Project Fund
230543 1,043 EATS Supplies-Garden Room Garden Room Repairs
230650 1,028 HENNEPIN COUNTY TREASURER Other Contracted Services Project Fund
230652 1,023 HENNEPIN COUNTY TREASURER Other Contracted Services Project Fund
230500 1,015 ST CROIX COFFEE&TEA COMPANY Supplies-Garden Room Garden Room Repairs
1006203 1,015 SHADYWOOD TREE EXPERTS INC Equipment Repair&Maint Sewer Liftstation
230532 1,014 BOURGET IMPORTS Wine Imported Den Road Liquor Store
1006266 1,012 STARKEY LABS Capital Under$25,000 Police
1006305 1,002 FILTRATION SYSTEMS Supplies-HVAC Facilities Operating ISF
230350 1,000 SOUTHDALE YMCA-CHILD CARE Refunds CDBG-Public Service
230703 1,000 EDEN PRAIRIE,CITY OF Miscellaneous Prairie View Liquor Store
1006227 1,000 CLAREY'S SAFETY EQUIPMENT Conference/Training Utility Operations-General
230279 992 PETTY CASH Miscellaneous IT Operating
230596 979 PROP United Way Withheld General Fund
230400 968 EDEN PRAIRIE CHAMBER OF COMMERCE Dues&Subscriptions City Council
230612 953 TKO WINES,INC Wine Imported Den Road Liquor Store
230302 951 ELECTRICAL INSTALLATION&MAINTENANCE Equipment Repair&Maint Water Wells
4931 950 GENESIS EMPLOYEE BENEFITS,INC HSA Health and Benefits
1006335 936 STONEBROOKE Equipment Parts Fleet Operating
230323 925 LEAGUE MN CITIES INS TRUST Insurance WAFTA
230642 920 ERGOMETRICS Other Contracted Services Organizational Services
1006377 888 PITNEY BOWES Postage Customer Service
1006383 887 STREICHERS Training Supplies Police
230653 885 HENNEPIN COUNTY TREASURER Other Contracted Services Project Fund
1006361 879 GRANICUS INC Equipment Repair&Maint Cable PEG
230370 869 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Den Road Liquor Store
230306 867 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store
230330 857 MIDWEST COCA COLA BOTTLING COMPANY Merchandise for Resale Concessions
Check# Amount Supplier/Explanation Account Description Business Unit Explanation
230492 851 RINK SYSTEMS INC Repair&Maint-Ice Rink 3rd Sheet of Ice
1006189 851 GRAINGER Cleaning Supplies Fitness/Conference-Cmty Ctr
230458 850 MARTIN-MCALLISTER Employment Support Test Organizational Services
230329 840 MEDICINE LAKE TOURS Special Event Fees Trips
230564 835 INTERNATIONAL UNION OF OPERATING Union Dues Withheld General Fund
230638 808 CENTURYLINK Telephone Water Treatment Plant
230436 768 IND SCHOOL DIST 272 Gym Rental Adult Open Gym
1006303 752 FERGUSON ENTERPRISES#2516 Merchandise for Resale Water Metering
1006366 752 KIDS TEAM TENNIS LLC Instructor Service Tennis
230565 737 INTERNATIONAL UNION OF OPERATING Union Dues Withheld General Fund
1006188 737 GOODWAY TECHNOLOGIES CORP Repair&Maint.Supplies Water Enterprise Fund
230376 737 BERRY COFFEE COMPANY Merchandise for Resale Concessions
230325 725 MAXIMUM SOLUTIONS INC Other Contracted Services Community Center Admin
1006337 719 TEE JAY NORTH INC Building Repair&Maint. Den Road Liquor Store
1006372 714 METROPOLITAN FORD Equipment Parts Fleet Operating
230651 713 HENNEPIN COUNTY TREASURER Other Contracted Services Project Fund
230284 679 BERRY COFFEE COMPANY Merchandise for Resale Concessions
1006231 676 EMERGENCY APPARATUS MAINTENANCE INC Equipment Repair&Maint Fire
230286 657 BMI GENERAL LICENSING Licenses,Permits,Taxes Staring Lake Concert
230479 650 ONE CALL NOW Other Contracted Services Street Maintenance
230627 649 3D SPECIALTIES Signs Traffic Signs
230343 647 PINNACLE DISTRIBUTING Misc Taxable Den Road Liquor Store
1006254 639 OSI BATTERIES INC Office Supplies Police
230443 618 JERRY'S ENTERPRISES INC Building Repair&Maint. Fire
1006181 616 DAIKIN APPLIED Contract Svcs-HVAC Den Road Liquor Store
230631 612 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating
230663 609 KEEPERS Clothing&Uniforms Police
230352 600 SOUTHWEST TRANSIT Other Contracted Services Housing and Community Service
230623 600 XIGENT SOLUTIONS LLC Other Contracted Services IT Operating
1006320 600 METRO ELEVATOR INC Contract Svcs-Elevator City Hall-CAM
230324 600 M&T FIRE AND SAFETY INC Equipment Repair&Maint Fire
230700 599 WARNING LITES Conference/Training Street Maintenance
1006237 595 GOVERNMENT FINANCE OFFICERS ASSN Dues&Subscriptions Finance
230377 581 BLOOMINGTON,CITY OF Kennel Services Animal Control
230618 575 WELSH COMPANIES Other Contracted Services CIP-Leasing Costs
230688 572 RIGHTWAY GLASS INC Equipment Repair&Maint Fleet Operating
1006328 568 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Park Shelters
1006236 567 GOVDELIVERY Software Maintenance IT Operating
230432 560 IND SCHOOL DIST 272 Gym Rental Volleyball
230658 555 HENNEPIN COUNTY TREASURER Other Contracted Services Project Fund
230467 553 MINNESOTA STATE FIRE CHIEFS ASSN Dues&Subscriptions Fire
230309 550 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Other Contracted Services Project Fund
230546 546 ELECTRICAL INSTALLATION&MAINTENANCE Equipment Repair&Maint Water Treatment Plant
1006286 543 BOUND TREE MEDICAL LLC EMS Supplies Fire
1006362 543 HACH COMPANY Laboratory Chemicals Water Treatment Plant
1006339 543 THE OASIS GROUP Employee Assistance Organizational Services
230656 541 HENNEPIN COUNTY TREASURER Other Contracted Services Project Fund
230482 538 PARK JEEP INC Equipment Parts Fleet Operating
1006312 537 IDEXX DISTRIBUTION CORP Laboratory Chemicals Water Treatment Plant
1006288 536 CDW GOVERNMENT INC. Miscellaneous IT Telephone
230583 535 MRPA Tuition Reimbursement/School Park Maintenance
1006183 534 EMERGENCY APPARATUS MAINTENANCE INC Equipment Repair&Maint Fire
1006215 531 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Riley House
230299 524 DOMACE VINO Wine Domestic Prairie Village Liquor Store
230314 522 INDEED BREWING COMPANY LLC Beer Prairie Village Liquor Store
1006356 518 EMERGENCY APPARATUS MAINTENANCE INC Equipment Repair&Maint Fire
Check# Amount Supplier/Explanation Account Description Business Unit Explanation
230481 516 OXYGEN SERVICE COMPANY Operating Supplies Fire
230704 515 PETTY CASH-POLICE DEPT Equipment Repair&Maint Police
1006219 514 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating
230570 507 KEEPERS Clothing&Uniforms Fire
230582 494 MOBILE RADIO ENGINEERING INC Equipment Repair&Maint Public Safety Communications
230578 492 MINNESOTA RESTAURANT SERVICES Contract Svcs-Garden Romm Garden Room Repairs
230614 488 UNITED WAY United Way Withheld General Fund
1006350 488 BOUND TREE MEDICAL LLC EMS Supplies Fire
1006355 484 EF JOHNSON Equipment Repair&Maint Public Safety Communications
230446 475 JOURNEYWELL Other Contracted Services Organizational Services
230572 470 LAKE COUNTRY DOOR LLC Building Repair&Maint. Utility Operations-General
230629 470 ARTISAN BEER COMPANY Received not Vouchered Den Road Liquor Store
230562 468 INDEED BREWING COMPANY LLC Beer Den Road Liquor Store
230417 468 HARPSTER OF PHILIPSBURG INC Operating Supplies General Fund
1006174 468 BROWNING,RYAN Other Contracted Services IT Operating
1006230 465 DMX MUSIC Other Contracted Services Den Road Liquor Store
230544 464 EDEN PRAIRIE NOON ROTARY CLUB Miscellaneous Police
1006307 464 GRAINGER Cleaning Supplies Police City Center
1006257 459 PREMIUM WATERS INC Operating Supplies Fitness/Conference-Cmty Ctr
230380 458 BROCK WHITE COMPANY LLC Repair&Maint.Supplies Sewer System Maintenance
1006191 455 HALLOCK COMPANY INC Repair&Maint.Supplies Water Treatment Plant
1006284 450 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations-General
1006263 446 SHERWIN WILLIAMS CO Repair&Maint.Supplies Park Maintenance
230423 440 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire
230693 439 TITAN MACHINERY Equipment Parts Fleet Operating
1006217 431 AMERITRAK Other Contracted Services Snow&Ice Control
1006357 431 FORCE AMERICA Equipment Parts Fleet Operating
1006329 429 PRIME SOURCE ONE LLC Operating Supplies Gymnasium(CC)
1006309 418 HANINK,KELLY Conference/Training Fire
230474 417 NEW AMERICAN ACADEMY Other Contracted Services Housing and Community Service
1006186 416 FERGUSON ENTERPRISES#2516 Equipment Parts Water Metering
230585 416 NEW AMERICAN ACADEMY Other Contracted Services Housing and Community Service
230300 415 EARL F ANDERSEN INC Signs Traffic Signs
230433 412 IND SCHOOL DIST 272 Gym Rental Volleyball
230428 410 IACP Dues&Subscriptions Police
1006175 408 CANNON RIVER WINERY Wine Domestic Den Road Liquor Store
1006287 408 CANNON RIVER WINERY Wine Domestic Den Road Liquor Store
230285 407 BLOOMINGTON SECURITY SOLUTIONS Repair&Maint.Supplies Facilities Operating ISF
230327 405 MCPA/MN CRIME WATCH Dues&Subscriptions Police
1006255 402 PARK SUPPLY OF AMERICA INC Supplies-Plumbing Fitness/Conference-Cmty Ctr
1006365 401 INTERSTATE POWER SYSTEMS INC Equipment Repair&Maint Water Wells
230321 400 KAISER,DAVID S Operating Supplies Ice Rink#1
230334 400 MINNESOTA RURAL WATER ASSOCIATION Conference/Training Water Treatment Plant
230510 400 WELLS FARGO BANK MINNESOTA NA Paying Agent G.O.Improvement Bonds 2006A
230517 400 WASHINGTON COUNTY COURT ADMIN Deposits Escrow
230670 400 MECA Conference/Training Engineering
230619 395 WIN-911 SOFTWARE Maintenance Contracts Sewer Liftstation
4946 395 CERIDIAN Garnishment Withheld General Fund
230383 389 CAPREF EDEN PRAIRIE LLC Building Rental Housing and Community Service
230431 384 IND SCHOOL DIST 272 Gym Rental Volleyball
230501 381 STAPLES ADVANTAGE Office Supplies City Center Operations
230470 378 MNDOT STATE SIGN SHOP Signs Traffic Signs
230354 375 STORK,ALEX Other Contracted Services Water Treatment Plant
1006367 373 LUBRICATION TECHNOLOGIES INC Equipment Testing/Cert. Fleet Operating
230573 369 MARCO INC Equipment Repair&Maint IT Telephone
230534 363 CBIZ FINANCIAL SOLUTIONS INC Other Contracted Services Organizational Services
Check# Amount Supplier/Explanation Account Description Business Unit Explanation
230340 361 PARK JEEP INC Equipment Parts Fleet Operating
230430 360 IND SCHOOL DIST 272 Gym Rental Volleyball
1006386 355 TOWMASTER INC Repair&Maint.Supplies Water Metering
230535 353 CENTURYLINK Telephone Police
230349 350 SOUNDS GREAT Instructor Service Skating Rinks/Warming Houses
230424 350 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire
230438 350 IND SCHOOL DIST 272 Other Contracted Services Ice Rink#1
230599 350 SCHERER BROTHERS LUMBER CO Building Materials Street Maintenance
230348 348 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Den Road Liquor Store
1006314 345 KARST,JOAN E Mileage&Parking Facilities Staff
1006330 345 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
1006302 340 FASTENAL COMPANY Equipment Parts Fleet Operating
230680 337 MINNESOTA WANNER COMPANY Equipment Parts Snow&Ice Control
230322 336 KEEPERS Clothing&Uniforms Fire
230365 335 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs
230406 325 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police
230527 325 BECKER,MITCH Tuition Reimbursement/School Fire
1006387 314 US HEALTH WORKS MEDICAL GRP MN,PC Employment Support Test Organizational Services
1006192 311 JOHN HENRY FOSTER MINNESOTA INC Equipment Repair&Maint Water Treatment Plant
1006239 306 GREATAMERICA FINANCIAL SVCS Postage Customer Service
230464 300 MINNESOTA DEPT OF LABOR AND INDUSTRY Licenses&Taxes Water Treatment Plant
230695 300 UNIVERSITY OF MINNESOTA Conference/Training Street Maintenance
230698 300 UNIVERSITY OF MINNESOTA Conference/Training Street Maintenance
230353 299 STAPLES ADVANTAGE Supplies-General Building City Center Operations
230644 299 FRED PRYOR SEMINARS Instructor Service Utility Operations-General
230426 295 HOME DEPOT CREDIT SERVICES Supplies-Plumbing Park Shelters
1006378 290 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
230293 290 CENTURYLINK Telephone IT Telephone
1006180 287 CLAREY'S SAFETY EQUIPMENT Equipment Repair&Maint Fire
230509 286 WATER CONSERVATION SERVICES INC OCS-Utility Locates Water System Maintenance
230617 285 WALSER CHRYSLER JEEP Equipment Repair&Maint Fleet Operating
230404 285 FIRE SAFETY USA INC Equipment Repair&Maint Fire
1006273 285 VTI Equipment Repair&Maint IT Operating
230669 284 MARCO INC Equipment Repair&Maint IT Telephone
230526 282 BAUER BUILT TIRE AND BATTERY Reimbursement Fleet Operating
230554 282 GS DIRECT Operating Supplies Engineering
1006271 280 VAN PAPER COMPANY Cleaning Supplies City Hall-CAM
230548 279 ENVIRONMENTAL RESOURCE ASSOCIATES Laboratory Chemicals Water Treatment Plant
230412 276 GOPHER STATE ONE-CALL OCS-Leak Detection Utility Operations-General
1006384 275 TAYLOR,SCOTT Conference/Training Fire
230394 274 DELEGARD TOOL CO Equipment Parts Fleet Operating
1006285 271 BIFFS INC Waste Disposal Park Maintenance
1006201 271 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
230495 270 SHORT ELLIOTT HENDRICKSON INC Other Contracted Services Storm Drainage
1006233 266 EXTREME BEVERAGE Misc Taxable Prairie Village Liquor Store
1006196 266 MILLARD,CHRIS Conference/Training Police
230648 265 GTS Conference/Training City Clerk
230435 264 IND SCHOOL DIST 272 Gym Rental Volleyball
1006364 264 HIRSHFIELD'S Repair&Maint.Supplies Water Treatment Plant
230511 263 WHAT WORKS INC Conference/Training Prairie Village Liquor Store
1006316 261 LANDS END CORPORATE SALES Clothing&Uniforms Police
230590 256 OXYGEN SERVICE COMPANY Operating Supplies Fire
230331 256 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating
1006351 252 CDW GOVERNMENT INC. Other Hardware Communications
230347 250 SENSIBLE LAND USE COALITION Dues&Subscriptions City Council
230696 250 UNIVERSITY OF MINNESOTA Conference/Training Street Maintenance
Check# Amount Supplier/Explanation Account Description Business Unit Explanation
230591 250 PAPCO INC Building Repair&Maint. Fire
1006341 247 US HEALTH WORKS MEDICAL GRP MN,PC Health&Fitness Fire
230385 245 COGNITIVE VENTURES CHANHASSEN LLC Other Contracted Services Senior Center Programs
1006298 244 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld General Fund
1006259 244 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
230579 243 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals
230455 237 LIBERTY TIRE RECYCLING LLC Waste Disposal Fleet Operating
1006206 236 TESSCO INC Equipment Repair&Maint Public Safety Communications
1006212 233 VTI Contract Svcs-Security 3rd Sheet of Ice
230407 230 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance
1006200 230 PREMIUM WATERS INC Operating Supplies Fire
230328 225 MDIAI Dues&Subscriptions Police
230466 225 MINNESOTA RURAL WATER ASSOCIATION Conference/Training Water Treatment Plant
1006338 221 TESSCO INC Equipment Repair&Maint Public Safety Communications
230361 220 WEMYSS,SCOTT Operating Supplies Fire
230410 217 GE CAPITAL Other Rentals IT Operating
1006235 217 FASTSIGNS Printing Fitness Center
230356 215 URBAN LAND INSTITUTE Dues&Subscriptions City Council
1006184 215 FASTENAL COMPANY Operating Supplies Fleet Operating
230531 213 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs-Security City Hall-Direct Costs
1006376 213 PARK SUPPLY OF AMERICA INC Repair&Maint.Supplies Water Treatment Plant
230367 210 ACTIVE NETWORK INC,THE Miscellaneous IT Operating
230313 210 HUTTER,MICHAEL Other Contracted Services IT Operating
230416 203 HALDEMANN HOMME INC Cleaning Supplies Fitness/Conference-Cmty Ctr
230584 200 MSSA Dues&Subscriptions Fleet Operating
230697 200 UNIVERSITY OF MINNESOTA Conference/Training Street Maintenance
230597 199 PROP United Way Withheld General Fund
230389 197 COMCAST Operating Supplies Fire
230634 196 BROOKSIDE GARDEN CENTER Crack Filling Street Maintenance
230434 192 IND SCHOOL DIST 272 Gym Rental Basketball
230296 190 COMCAST Wireless Subscription IT Operating
230415 189 HAGGENMILLER LUMBER INC Building Materials Outdoor Center
230392 188 DAILEY DATA&ASSOCIATES Computers Prairie Village Liquor Store
230687 187 RED WING SHOE STORE Clothing&Uniforms Park Maintenance
1006317 185 LUBRICATION TECHNOLOGIES INC Operating Supplies Fleet Operating
230636 179 CALIFORNIA CONTRACTORS SUPPLIES INC Clothing&Uniforms Utility Operations-General
230398 179 DUNFORD,MIKE Deposits-P&R Refunds Community Center Admin
1006323 177 MN SUPPLY Equipment Repair&Maint Fleet Operating
1006308 177 HACH COMPANY Laboratory Chemicals Water Treatment Plant
1006299 176 ELLIS,ROBERT Mileage&Parking Engineering
230586 176 NOKOMIS SHOE SHOP Operating Supplies Inspections-Administration
230563 175 INFORMATION POLICY ANALYSIS Tuition Reimbursement/School Police
1006324 173 OENO'S DISTRIBUTION Wine Domestic Prairie Village Liquor Store
230661 172 IND SCHOOL DIST 272 Building Rental Community Band
230668 171 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating
230316 168 JAG FITNESS SERVICES LLC Equipment Repair&Maint Fitness Center
4942 167 OPTUM HEALTH Other Contracted Services Health and Benefits
230280 164 AMERIPRIDE LINEN&APPAREL SERVICES Other Contracted Services Den Road Liquor Store
230523 164 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie View Liquor Store
1006179 162 CHRISTENSEN,DENISE Dues&Subscriptions Engineering
1006380 161 SCHMIDT,MATT Conference/Training Police
1006224 160 BOLD,PAULINE Conference/Training Outdoor Center
1006313 159 JEFFERSON FIRE&SAFETY INC Protective Clothing Fire
230666 158 LARSON LAWNSCAPE Improvement Contracts Shady Oak Rd-CR 61 North
1006375 156 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating
230387 155 COMCAST Operating Supplies Fire
Check# Amount Supplier/Explanation Account Description Business Unit Explanation
230600 154 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Den Road Liquor Store
230689 153 SCHERER BROTHERS LUMBER CO Building Materials Street Maintenance
1006277 153 WITT,BETH Mileage&Parking Aquatics&Fitness Admin
230447 150 JULLIE,JOE Refunds Environmental Education
230473 150 NATIONAL TACTICAL OFFICERS ASSOCIATION Dues&Subscriptions Police
1006223 150 BOBBY&STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair&Maint Police
1006261 150 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Operating
230388 150 COMCAST Operating Supplies Fire
230390 150 COMCAST Operating Supplies Fire
230405 145 FIRST STUDENT INC Transportation Special Events&Trips
1006359 145 GETSCHOW,RICK Mileage&Parking Administration
4951 144 VANCO SERVICES Miscellaneous Community Center Admin
4955 144 DELUXE BUSINESS FORMS AND SUPPLIES Bank and Service Charges Prairie View Liquor Store
4956 144 DELUXE BUSINESS FORMS AND SUPPLIES Bank and Service Charges Den Road Liquor Store
4957 144 DELUXE BUSINESS FORMS AND SUPPLIES Bank and Service Charges Den Road Liquor Store
230540 141 COMMUNITY HEALTH CHARITIES OF MINNESOTA United Way Withheld General Fund
230595 140 PINNACLE DISTRIBUTING Misc Taxable Prairie View Liquor Store
230469 138 MINT CONDITION DETAILING INC Equipment Repair&Maint Fleet Operating
230679 136 MINNESOTA TROPHIES&GIFTS Operating Supplies Police
230677 135 MINNESOTA AWWA Tuition Reimbursement/School Water Treatment Plant
1006244 135 LEROY JOB TRUCKING INC Other Contracted Services Animal Control
1006327 135 POMP'S TIRE SERVICE INC Tires Fleet Operating
1006252 135 MPX GROUP,THE Printing Police
1006168 134 ADAMS PEST CONTROL INC Maintenance Contracts Water Treatment Plant
230336 134 MOLEPSKE,MICHAEL Refunds Environmental Education
230560 133 HOTSY EQUIPMENT OF MINNESOTA Contract Svcs-Plumbing Public Works/Parks
230493 132 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Prairie View Liquor Store
1006193 131 KRUEGER,MARK Operating Supplies Reserves
230487 128 PETSMART Canine Supplies Police
230685 128 OLSEN COMPANIES Equipment Repair&Maint Storm Drainage
1006370 127 MENARDS Operating Supplies Traffic Signs
1006292 127 CLAREY'S SAFETY EQUIPMENT Office Supplies Customer Service
1006194 125 MCCALLEY,JAMIE Tuition Reimbursement/School Fitness Classes
1006381 125 SCHNICKEL,JENNY Canine Supplies Police
230465 125 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service
230649 124 HENNEPIN COUNTY TAXPAYER SERVICES DEPT Other Contracted Services Engineering
230413 122 GRAPE BEGINNINGS Wine Domestic Prairie View Liquor Store
230355 120 UNIFORMS UNLIMITED Clothing&Uniforms Police
230478 120 OFFICE OF THE SECRETARY OF STATE Licenses&Taxes Police
230639 120 CITY ENGINEERS ASSOC OF MINNESOTA Dues&Subscriptions Engineering
1006198 120 PARLEY LAKE WINERY Wine Domestic Den Road Liquor Store
230317 119 JERRY'S ENTERPRISES INC Equipment Repair&Maint Senior Center Programs
1006373 119 MORNESS,BECCA Operating Supplies Aquatics&Fitness Admin
230701 117 WAYTEK INC Operating Supplies Park Maintenance
230557 115 HEALTHPARTNERS Health&Fitness Fire
1006332 114 SPRINT Computers IT Operating
230504 112 TLO LLC Other Contracted Services Police
230369 111 ADVANCE IMAGING SUPPLY INC Inside Equipment Repair&Main IT Operating
1006374 110 MPX GROUP,THE Printing Police
1006222 109 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations-General
230602 108 SIGNSOURCE Operating Supplies Park Maintenance
230305 107 G&K SERVICES-MPLS INDUSTRIAL Other Contracted Services Park Maintenance
230691 106 STAPLES ADVANTAGE Office Supplies General Fund
1006169 105 AJITAPRASAD,BEENA Mileage&Parking Community Center Admin
230692 105 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
1006247 103 LUBRICATION TECHNOLOGIES INC Equipment Parts Fleet Operating
Check# Amount Supplier/Explanation Account Description Business Unit Explanation
230371 102 ANDERBERG INNOVATIVE PRINT SOLUTIONS INC Printing Police
230298 102 DIRECTV Cable TV Community Center Admin
230359 101 WAYTEK INC Equipment Parts Fleet Operating
230291 100 BUTH,JENNIFER Refunds Environmental Education
230319 100 JOAS,PATRICK Refunds Environmental Education
230391 100 DAHLMAN,DAVID Refunds Environmental Education
230503 100 THOMPSON,DAVID Refunds Environmental Education
230646 100 GOPHER STATE ONE-CALL OCS-Leak Detection Utility Operations-General
230686 100 PORTUGAL,JULIO Refunds Environmental Education
230541 100 DIRECTV Cable TV Community Center Admin
230339 98 OXYGEN SERVICE COMPANY Operating Supplies Fire
230439 96 IND SCHOOL DIST 272 Conference/Training Housing and Community Service
230659 96 HOTSY EQUIPMENT OF MINNESOTA Equipment Repair&Maint Fleet Operating
230616 95 VINOANDES Wine Imported Prairie Village Liquor Store
230675 95 MIDWEST FIRE PROTECTION INC Development Fire Permits General Fund
230690 95 SPEEDPRO IMAGING OF SHAKOPEE Protective Clothing Fire
1006294 95 CUSTOM HOSE TECH Equipment Parts Fleet Operating
4936 92 CERIDIAN Garnishment Withheld General Fund
230360 92 WEBER,BEN Other Contracted Services Senior Center Admin
4928 92 VANCO SERVICES Accounts Payable General Fund
230312 90 HOTSY EQUIPMENT OF MINNESOTA Operating Supplies Fleet Operating
230615 88 UNITED WAY United Way Withheld General Fund
230418 87 HD SUPPLY WATERWORKS LTD Small Tools Water Enterprise Fund
230699 84 VERIZON WIRELESS Telephone E-911 Program
1006197 84 MORNESS,BECCA Mileage&Parking Aquatics&Fitness Admin
230566 84 J H LARSON COMPANY Supplies-Electrical City Hall-CAM
1006195 83 MENARDS Operating Supplies Police
230664 81 KINDERMUSIK WITH KIM Instructor Service SC-Preschool Events
230282 81 AT&T MOBILITY Pager&Cell Phone Water System Maintenance
1006349 80 ZIEGLER INC Equipment Parts Fleet Operating
1006301 80 FADDEN,TIMOTHY Mileage&Parking Inspections-Administration
1006382 78 SHRED-IT USA MINNEAPOLIS Waste Disposal City Center Operations
230581 77 MNFIAM BOOK SALES Tuition Reimbursement/School Fire
1006187 73 GOLDAMER,DANA Mileage&Parking Ice Rink#1
1006251 72 METROPOLITAN FORD Equipment Parts Fleet Operating
230551 71 FRANTZ,SHIRLEY Deposits-P&R Refunds Community Center Admin
230287 70 BRETTIN,MATTHEW Refunds Environmental Education
1006216 69 AMERICAN SOLUTIONS FOR BUSINESS Clothing&Uniforms Community Center Admin
1006318 69 LUCAS,MATTHEW Tuition Reimbursement/School Fitness Classes
230592 66 PARK JEEP INC Equipment Parts Fleet Operating
1006385 66 TOLL GAS AND WELDING SUPPLY Equipment Repair&Maint Fleet Operating
230496 65 SINGER,LAUREN Deposits-P&R Refunds Community Center Admin
230518 64 440400-NCPERS MINNESOTA PERA Health and Benefits
230519 64 440400-NCPERS MINNESOTA PERA Health and Benefits
1006202 64 SEVENICH,WENDY Mileage&Parking Community Center Admin
4932 60 GENESIS EMPLOYEE BENEFITS,INC HSA General Fund
230574 60 MCCARTHY,ARDIS Deposits-P&R Refunds Community Center Admin
230613 58 UNIFORMS UNLIMITED Clothing&Uniforms Police
230694 58 UNIFORMS UNLIMITED Clothing&Uniforms Police
1006306 56 GINA MARIAS INC Operating Supplies Reserves
230308 54 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Water Treatment Plant
230547 53 ENSTAD,TERRANCE Mileage&Parking Inspections-Administration
1006311 53 HUTCHINS,BRUCE Mileage&Parking Inspections-Administration
1006334 53 STOCKWELL,WENDELL Mileage&Parking Inspections-Administration
230379 50 BRETTIN,MATTHEW Refunds Environmental Education
230456 50 LIU JACOB Refunds Environmental Education
Check# Amount Supplier/Explanation Account Description Business Unit Explanation
230671 50 MERRY,JEAN Refunds Environmental Education
230684 50 OFF LEASH AREA Operating Supplies Winter Theatre
1006379 49 QUICKSILVER EXPRESS COURIER Postage Water Accounting
230395 46 DIRECTV Other Contracted Services Police
1006185 45 FEDEX Postage Customer Service
230640 45 EATS Operating Supplies Police
1006264 44 SHRED-IT USA MINNEAPOLIS Other Contracted Services Community Center Admin
1006234 41 FASTENAL COMPANY Repair&Maint.Supplies Fleet Operating
230448 40 KAPACINSKAS,JOSEPH Deposits Community Center Admin
230485 40 PETERSON,JOHN&HARRIET Deposits Community Center Admin
1006209 40 UPS Office Supplies Public Safety Communications
230477 40 NORTHWESTERN POWER EQUIPMENT CO INC Repair&Maint.Supplies Water Treatment Plant
1006326 37 PLASTICS INTERNATIONAL Repair&Maint.Supplies Park Maintenance
230537 36 COMCAST Operating Supplies Fire
230486 32 PETERSON,RUTH Deposits-P&R Refunds Community Center Admin
230333 32 MINNESOTA DEPT OF HEALTH Tuition Reimbursement/School Water Treatment Plant
230580 30 MINNESOTA WANNER COMPANY Operating Supplies Street Maintenance
230288 30 BROOKLYN PARK,CITY OF Tuition Reimbursement/School DWI Forfeiture
230381 30 BROOKLYN PARK,CITY OF Tuition Reimbursement/School DWI Forfeiture
1006258 29 PROSOURCE SUPPLY Cleaning Supplies Fitness/Conference-Cmty Ctr
230429 28 IND SCHOOL DIST 272 Building Rental Community Band
230577 26 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating
1006249 22 MENARDS Cleaning Supplies Utility Operations-General
230630 22 AT&T MOBILITY Pager&Cell Phone Park Maintenance
230632 22 BCA Miscellaneous IT Operating
230606 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture
230607 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture
230608 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture
230536 20 COMCAST Wireless Subscription IT Operating
230345 20 RAMSEY COUNTY Licenses&Taxes Police
230358 20 USPCA REGION 18 Dues&Subscriptions Police
230374 20 BECKER,MARY Deposits Community Center Admin
230382 20 CABILLOT,AUDREY Deposits Community Center Admin
230397 20 DUKART,CARLETTA Deposits Community Center Admin
230399 20 DURYEE,PATRICIA Deposits Community Center Admin
230402 20 EVANS,REBECCA Deposits Community Center Admin
230403 20 FAN,LISA Deposits Community Center Admin
230442 20 JENSEN,LEE Deposits Community Center Admin
230451 20 KOTHARI,SUDHA Deposits Community Center Admin
230453 20 KUHN,MARY J Deposits Community Center Admin
230459 20 MARTY,BRIDGET Deposits Community Center Admin
230462 20 MILLER,JAMES W. Deposits Community Center Admin
230480 20 O'REILLY,WILLIAM Deposits Community Center Admin
230483 20 PAUL,KIMBERLY Deposits Community Center Admin
230491 20 RICORD,SHERI Deposits Community Center Admin
230494 20 SHANNON,ELIZABETH Deposits Community Center Admin
230497 20 SNEER,JAMES Deposits Community Center Admin
230502 20 TE,TONG Deposits Community Center Admin
230507 20 VIDMAR,ED Deposits Community Center Admin
230515 20 WOOD,DONALD Deposits Community Center Admin
230610 20 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
230401 19 ERGOMETRICS Employment Support Test Organizational Services
230463 19 MILLER,KATHY Deposits-P&R Refunds Community Center Admin
1006176 18 CAWLEY COMPANY,THE Operating Supplies Den Road Liquor Store
230295 16 COMCAST Wireless Subscription IT Operating
230326 15 MCFOA Conference/Training City Clerk
Check# Amount Supplier/Explanation Account Description Business Unit Explanation
230332 15 MINNESOTA DEPARTMENT OF AGRICULTURE Licenses&Taxes Park Maintenance
230571 15 KODIAK CUSTOM LETTERING INC Clothing&Uniforms Day Care
1006208 15 TOLL GAS AND WELDING SUPPLY Safety Supplies Fleet Operating
230598 11 RICHFIELD,CITY OF Licenses&Taxes Fleet Operating
230409 11 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant
230378 11 BREHM,PATRICIA Deposits-P&R Refunds Community Center Admin
230550 10 FISERV INC Bank and Service Charges Water Accounting
230452 8 KRAEMERS HARDWARE INC Repair&Maint-Ice Rink Ice Arena Maintenance
230294 6 CHRISTENSEN,MARGE Deposits-P&R Refunds Community Center Admin
230346 6 SCHUG,DIANA Deposits-P&R Refunds Community Center Admin
1006368 5 MAX STEININGER INC Outside Water Sales Escrow
230538 4 COMCAST Operating Supplies Fire
230386 2 COMCAST Other Contracted Services Police
1006269 1 UPS Office Supplies Utility Operations-General
6,371,360 Grand Total
City of Eden Prairie
Purchasing Card Payment Report
December 2013 Purchases
Amount Explanation Vendor Account Description Business Unit
32 US-woodshop MENARDS Repair&Maint.Supplies Park Maintenance
286 US-picnic table repair MENARDS Repair&Maint.Supplies Park Maintenance
105 US-DOT stickers MINNESOTA STATE PATROL Safety Supplies Fleet Operating
74 US-woodshop brake ACME TOOLS Equipment Repair&Maint Senior Center Programs
15 US-kitchen supplies WALMART COMMUNITY Operating Supplies Senior Center Admin
72 US-holiday lunch PARTY CITY Special Event Fees Senior Center Programs
8 US-employee holiday lunch DOLLAR TREE STORES,INC. Miscellaneous Internal Events
1,711 US-holiday lunch KOWALSKI'S MARKET Special Event Fees Senior Center Programs
59 US-employee holiday lunch WALMART COMMUNITY Miscellaneous Internal Events
10 US-holiday lunch WALMART COMMUNITY Miscellaneous Internal Events
5,268 US-employee holiday lunch KOWALSKI'S MARKET Miscellaneous Internal Events
147 US-employee holiday lunch KOWALSKI'S MARKET Miscellaneous Internal Events
684 US-sr ctr supplies/ipod/camera BEST BUY Equipment Repair&Maint Senior Center Admin
37 US-headlamps HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Utility Operations-General
71 US-kitchen supplies TARGET Repair&Maint.Supplies Utility Operations-General
16 US-leader phrase FEDEX Office Supplies Utility Operations-General
45 US-Boiler License DEPT OF LABOR&INDUSTRY Licenses,Permits,Taxes,Fees Water Treatment Plant
129 US-mailbox repair HOME DEPOT CREDIT SERVICES Building Materials Street Maintenance
13 US-miller park electric repair MENARDS Building Repair&Maint. Park Maintenance
15 US-Tool Holder SEARS EDEN PRAIRIE Small Tools Water Treatment Plant
56 US-Door hardware MENARDS Repair&Maint.Supplies Water Treatment Plant
29 US-memorial bench placard MINNESOTA TROPHIES&GIFTS Operating Supplies Park Maintenance
99 US-J Cordes training MN NURSERY&LANDSCAPE Conference/Training Tree Disease
403 US-LODD trng BUCA Operating Supplies Fire
446 US-childrens christmas WALMART COMMUNITY Operating Supplies Fire
504 US-S Taylor CFI trng DELTA AIR Tuition Reimbursement/School Fire
274 US-S Taylor CFI trng EXPEDIA Tuition Reimbursement/School Fire
156 US-LODD trng EXPEDIA Travel Expense Fire
157 US-flowers M Frantz PETERSON ANDERSON FLOWERS Operating Supplies Fire
29 US-childrens christmas RAINBOW FOODS INC. Operating Supplies Fire
120 US-Schaitberger conf UNIVERSITY OF MINNESOTA Tuition Reimbursement/School Fire
139 US-flowers B Johnson BACHMANS CREDIT DEPT Operating Supplies Fire
266 US-Schaitberger conf INTERNATIONAL CODE COUNCIL Tuition Reimbursement/School Fire
238 US-Holiday party NOTHING BUNDT CAKES Operating Supplies Fire
75 US-MN EMS 2014 dues PAYPAL INC Dues&Subscriptions Fire
195 US-standby crews holiday party BUCA Operating Supplies Fire
1,178 US-door hangers HORIZON GRAPHICS Printing Street Maintenance
9 US-café supplies FRATTALLONE'S/MINNETONKA ACE Operating Supplies Concessions
35 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions
73 US-cafe food WALMART COMMUNITY Merchandise for Resale Concessions
40 US-cafe food RAINBOW FOODS INC. Merchandise for Resale Concessions
14 US-café food BRUEGGERS BAGEL Merchandise for Resale Concessions
90 US-café supplies HOCKENBERGS Operating Supplies Concessions
27 US-cafe food RAINBOW FOODS INC. Merchandise for Resale Concessions
280 US-café food WALMART COMMUNITY Merchandise for Resale Concessions
32 US-cafe food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions
7 US-supplies UPS Operating Supplies Concessions
Amount Explanation Vendor Account Description Business Unit
112 US-cafe food WALMART COMMUNITY Merchandise for Resale Concessions
16 US-cafe food RAINBOW FOODS INC. Merchandise for Resale Concessions
16 US-cafe food RAINBOW FOODS INC. Merchandise for Resale Concessions
182 US-cafe food WALMART COMMUNITY Merchandise for Resale Concessions
8 US-cafe food RAINBOW FOODS INC. Merchandise for Resale Concessions
81 US-cafe food WALMART COMMUNITY Merchandise for Resale Concessions
32 US-cafe food RAINBOW FOODS INC. Merchandise for Resale Concessions
236 US-cafe food WALMART COMMUNITY Merchandise for Resale Concessions
16 US-cafe food RAINBOW FOODS INC. Merchandise for Resale Concessions
14 US-cafe food BRUEGGERS BAGEL Merchandise for Resale Concessions
17 US-cafe food BRUEGGERS BAGEL Merchandise for Resale Concessions
24 US-cafe food WALMART COMMUNITY Merchandise for Resale Concessions
37 US-cafe food RAINBOW FOODS INC. Merchandise for Resale Concessions
211 US-cafe food WALMART COMMUNITY Merchandise for Resale Concessions
24 US-cafe food RAINBOW FOODS INC. Merchandise for Resale Concessions
16 US-cafe food RAINBOW FOODS INC. Merchandise for Resale Concessions
33 US-cafe food WALMART COMMUNITY Merchandise for Resale Concessions
45 US-cafe food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions
60 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions
312 US-cafe food WALMART COMMUNITY Merchandise for Resale Concessions
5 US-café supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Concessions
24 US-cafe food RAINBOW FOODS INC. Merchandise for Resale Concessions
94 US-office supplies ID WHOLESALER Office Supplies Community Center Admin
112 US-uniforms APPARELNBAGS.COM Clothing&Uniforms Community Center Admin
27 US-blades for ice auger CABIN FEVER SPORTINGS GOODS Equipment Repair&Maint Park Maintenance
228 US-flags for vet memorial AMERICAN FLAGS.COM Repair&Maint.Supplies Purgatory Creek Park
99 US-pesticide recertification MN NURSERY&LANDSCAPE Conference/Training Park Maintenance
15 US-weed sprayer license MINNESOTA DEPARTMENT OF AGRICU Licenses,Permits,Taxes,Fees Park Maintenance
15 US-photo developing TARGET Operating Supplies Park Maintenance
7 US-key fob battery BATTERIES PLUS Operating Supplies Fire
62 US-wayzata mtg WUOLLET BAKERY INC Operating Supplies Fire
55 US-LODD trng BRUEGGERS BAGEL Operating Supplies Fire
70 US-coffee CARIBOU COFFEE Operating Supplies Fire
7 US-parking ALLIED PARKING Operating Supplies Fire
16 US-MN FAC SHAMROCKS Operating Supplies Fire
11 US-RLFD LODD Taco Bell Operating Supplies Fire
7 US-RLFD LODD MCDONALDS Operating Supplies Fire
20 US-gas RLFD LODD LITTLE STORE Mileage&Parking Fire
11 US-RLFD LODD LA'S PLACE Operating Supplies Fire
78 US-RLFD LODD BULLDOG PIZZA AND GRILL Operating Supplies Fire
37 US-RLFD LODD UMD Operating Supplies Fire
20 US-gas RLFD LODD WOODLAND SHORT STOP Mileage&Parking Fire
13 US-annual review-T Schmitz BIAGGI'S RISTORANTE ITALIANO Operating Supplies Fire
124 US-Flowers for Mollie Heinen BACHMANS CREDIT DEPT Operating Supplies Fire
38 US-cord for#35 truck JERRYS DO IT BEST Repair&Maint.Supplies Fire
99 US-card reader AMAZON.COM Miscellaneous IT Operating
1,875 US-training BMC SOFTWARE INC Conference/Training IT Operating
24 US-software MICROSOFT CORPORATE Equipment Repair&Maint IT Operating
15 US-usb cable AMAZON.COM Miscellaneous IT Operating
133 US-supplies AMAZON.COM Miscellaneous IT Operating
82 US-electronics AMAZON.COM Miscellaneous IT Operating
Amount Explanation Vendor Account Description Business Unit
77 US-ipad case AMAZON.COM Miscellaneous IT Operating
193 US-certificate stationary PAPER DIRECT INC Printing Police
124 US-supplies MENARDS Operating Supplies Park Maintenance
7 US-sr ctr-belt sander parts PAYPAL INC Equipment Repair&Maint Park Maintenance
71 US-miller parking lights MENARDS Repair&Maint.Supplies Park Maintenance
-4 US-refund PLASTICPRINTERS.COM Operating Supplies Prairie Village Liquor Store
133 US-mayors health&wellness mt CRUMB GOURMET DELI Miscellaneous Parks Administration
1 US-LCAC mtg ST PAUL PUBLIC WORKS Mileage&Parking Community Development Admin.
28 US-mtg with katie walker henn OLD CHICAGO RESTAURANT Miscellaneous Community Development Admin.
1,233 US-group fitness equip POWER SYSTEMS Operating Supplies Fitness Classes
246 US-training materials HUMAN KINETICS Conference/Training Fitness Classes
38 US-supplies AMAZON.COM Operating Supplies Fitness Classes
16 US-goggles TRACTOR SUPPLY Operating Supplies Park Maintenance
310 US-training L Kerns MINNESOTA SAFETY COUNCIL Conference/Training Workers Comp Insurance
429 US-fit bands for wellness prog TARGET Employee Award Organizational Services
86 US-planner FRANKLIN COVEY CO. Office Supplies Customer Service
63 US-planner FRANKLIN COVEY CO. Office Supplies Customer Service
37 US-stamps-store 1 RAINBOW FOODS INC. Operating Supplies Prairie Village Liquor Store
9,036 US-Nov2013 Bldg Surchgs DEPT OF LABOR&INDUSTRY Building Surcharge General Fund
2,157 US-Nov2013 Bldg Surchgs DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund
628 US-Nov2013 Bldg Surchgs DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund
-236 US-Nov2013 Bldg Surchgs DEPT OF LABOR&INDUSTRY Other Revenue General Fund
25 US-training S Kotchevar GOVERNMENT FINANCE OFFICERS AS Deposits Escrow
5 US-Counterpoint gateway RADIANT SYSTEMS Bank and Service Charges Prairie Village Liquor Store
5 US-Counterpoint gateway RADIANT SYSTEMS Bank and Service Charges Den Road Liquor Store
5 US-Counterpoint gateway RADIANT SYSTEMS Bank and Service Charges Prairie View Liquor Store
40 US-UB recurring credit card PAYPAL INC Bank and Service Charges Utility Operations-General
20 US-epermit web security PAYPAL INC Equipment Repair&Maint IT Operating
35 UB-online processing PAYPAL INC Bank and Service Charges Utility Operations-General
52 US-pickleball league awards CROWN TROPHY Operating Supplies Gymnasium(CC)
32 US-shop supplies MENARDS Repair&Maint.Supplies Storm Drainage
330 US-PRSA renewal PUBLIC RELATIONS SOCIETY Dues&Subscriptions Communications
32 US-Brita for water MENARDS Cleaning Supplies Water Treatment Plant
6 US-tree topper TARGET Repair&Maint.Supplies Utility Operations-General
16 US-office supplies MICHAELS-THE ARTS&CRAFTS S Repair&Maint.Supplies Utility Operations-General
133 US-office supplies MENARDS Repair&Maint.Supplies Utility Operations-General
70 US-cleaning supplies DALCO Cleaning Supplies Utility Operations-General
72 US-sunshine fund not received FTD.COM Deposits Escrow
66 US-sunshine fund VINERY Deposits Escrow
60 US-K Spreeman sunshine fund BACHMANS CREDIT DEPT Deposits Escrow
60 US-S Sinell sunshine fund BACHMANS CREDIT DEPT Deposits Escrow
84 US-B Johnson sunshine fund BACHMANS CREDIT DEPT Deposits Escrow
54 US-software-staff scheduling NIMBLE SCHEDULE Other Contracted Services Community Center Admin
70 US-red cross fees AMERICAN RED CROSS Conference/Training Volleyball
70 US-red cross fees AMERICAN RED CROSS Conference/Training Community Center Admin
175 US-red cross fees AMERICAN RED CROSS Conference/Training Concessions
140 US-red cross fees AMERICAN RED CROSS Conference/Training Day Care
12 US-cafe food RAINBOW FOODS INC. Merchandise for Resale Concessions
51 US-paper for birthday party AMAZON.COM Operating Supplies Birthday Parties
35 US-toy for playcare TOYSRUS.COM Operating Supplies Day Care
70 US-toy for playcare AMAZON.COM Operating Supplies Day Care
Amount Explanation Vendor Account Description Business Unit
1 US-supplies WALMART COMMUNITY Operating Supplies Community Center Admin
5 US-supplies WALMART COMMUNITY Operating Supplies Birthday Parties
10 US-supplies WALMART COMMUNITY Operating Supplies Day Care
16 US-supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Day Care
31 US-supplies TARGET Operating Supplies Day Care
10 US-supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Birthday Parties
42 US-shop supplies/lift station HOME DEPOT CREDIT SERVICES Small Tools Sewer Liftstation
37 US-torch HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Utility Operations-General
206 US-building inspections TAB PRODUCTS CO LLC Office Supplies Inspections-Administration
14 US-building inspections TAB PRODUCTS CO LLC Office Supplies Inspections-Administration
143 US-tool box MENARDS Repair&Maint.Supplies Utility Operations-General
355 US-CEAM conf M Krause UNIVERSITY OF MINNESOTA Conference/Training Engineering
370 US-R Rue CEAM conf UNIVERSITY OF MINNESOTA Conference/Training Engineering
16 US-cafe food RAINBOW FOODS INC. Merchandise for Resale Concessions
117 US-pro shop SPORTS WORLD USA INC Merchandise for Resale Concessions
24 US-cafe food RAINBOW FOODS INC. Merchandise for Resale Concessions
25 US-green expo trade expo regis MN NURSERY&LANDSCAPE Conference/Training Fleet Operating
213 US-small tools MILLS FLEET FARM Small Tools Fleet Operating
103 US-parts for#118 AUTOPARTSANDSTUFF.COM Equipment Parts Fleet Operating
61 US-parts PAYPAL INC Equipment Parts Fleet Operating
123 US-equip-salt brine GRAINGER Equipment Parts Snow&Ice Control
205 US-HVAC parts rink 3 RG DAVIS AND CO Repair&Maint.Supplies 3rd Sheet of Ice
73 US-HVAC parts rink 3 RG DAVIS AND CO Repair&Maint.Supplies 3rd Sheet of Ice
90 US-gas SUPERAMERICA Motor Fuels Utility Operations-General
40 US-paint MENARDS Repair&Maint.Supplies Storm Drainage
123 US-software-staff scheduling NIMBLE SCHEDULE Other Contracted Services Community Center Admin
117 US-operating supplies/membersh ID WHOLESALER Operating Supplies Community Center Admin
16 US-team meeting EDEN PRAIRIE COMMUNITY CENTER Operating Supplies Community Center Admin
375 US-software-staff scheduling NIMBLE SCHEDULE Other Contracted Services Community Center Admin
228 US-quartermaster PRO-LOK PRODUCTS Operating Supplies Police
43 US-quartermaster AMAZON.COM Operating Supplies Police
47 US-quartermaster AMAZON.COM Operating Supplies Police
292 US-Tint Meter LASER LABS INC Operating Supplies Police
54 US-quartermaster AMAZON.COM Operating Supplies Police
47 US-crime scene tech supplies DUDA DIESEL Operating Supplies Police
32 US-quartermaster AMAZON.COM Operating Supplies Police
19 US-coffee club reimbursed AMAZON.COM Operating Supplies Police
14 US-reserve calendar CALENDAR WIZ Operating Supplies Reserves
94 US-critter food PETCO Operating Supplies Outdoor Center
83 US-critter food WILD BIRDS UNLIMITED Operating Supplies Outdoor Center
76 US-microscope outdoor ctr AMAZON.COM Operating Supplies Outdoor Center
53 US-critter food PETCO Operating Supplies Outdoor Center
11 US-spray paint MENARDS Operating Supplies Park Maintenance
181 US-cable for phones MY CABLE MART Equipment Repair&Maint Public Safety Communications
65 US-IWCE trip BALLY'S LAS VEGAS Conference/Training Public Safety Communications
74 US-broomball pennies AMAZON.COM Operating Supplies Broomball
755 US-training/hotel-C Millard EMBASSY SUITES Tuition Reimbursement/School Police
5 US-polar plunge parking STANDARD PARKING Mileage&Parking Police
404 US-admission to Disney MINNESOTA WILD Events/Admission Fee Special Events&Trips
405 US-ACA conf DELTA AIR Conference/Training Youth Programs Admin
22 US-office supplies OFFICE DEPOT CREDIT PLAN-DON'T Operating Supplies Youth Programs Admin
Amount Explanation Vendor Account Description Business Unit
130 US-winter break trip BRUNSWICK BOWLING LANES Special Event Fees Special Events&Trips
19 US-winter trip snacks WALMART COMMUNITY Operating Supplies Special Events&Trips
257 US-winter break trip THREE RIVERS PARK DISTRICT Special Event Fees Community Center Admin
163 US-winter break trip BRUNSWICK BOWLING LANES Special Event Fees Special Events&Trips
33 US-desk planner ACCO Operating Supplies Youth Programs Admin
50 US-club 204 otuing BRUNSWICK BOWLING LANES Special Event Fees New Adaptive
59 US-club 204 otuing BRUNSWICK BOWLING LANES Special Event Fees New Adaptive
22 US-program supplies RAINBOW FOODS INC. Operating Supplies Leisure Education
139 US-Sat night out program DAVANNI'S PIZZA Operating Supplies Oak Point Operations
62 US-yoga supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Specialty Fitness Programs
250 US-licensing fee SCW FITNESS Licenses,Permits,Taxes,Fees Fitness Classes
106 US-replace label machine tape PTOUCHDIRECT.COM Office Supplies Fire
7 US-propane HOLIDAY STATION STORES INC Operating Supplies Fire
41 US-gear wash HOME DEPOT CREDIT SERVICES Protective Clothing Fire
5 US-markers for gear wash OFFICEMAX CREDIT PLAN Protective Clothing Fire
42 US-K9 Equipment/Supplies RAY ALLEN MANUFACTURING CO INC Canine Supplies Police
39 US-K9 Equipment/Supplies ELITE K-9 INC Canine Supplies Police
40 US-K9 Equipment/Supplies RAY ALLEN MANUFACTURING CO INC Canine Supplies Police
5 US-screw eyes MENARDS Repair&Maint.Supplies Sewer Liftstation
42,611 Report Total
CITY COUNCIL AGENDA DATE:
SECTION: Reports of the City Attorney February 18, 2014
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.H.1.
Consideration of adoption of ordinances
Richard Rosow, City Attorney related to E Cigarettes and Hookah Lounges
Requested Actions
MOTIONS TO PROHIBIT SMOKING OF E-CIGARETTES IN CERTAIN LOCATIONS
Move to: Approve first reading of an ordinance amending City Code Section 9.42 adding e-
cigarettes to the prohibitions against smoking in locations covered by the Eden Prairie
Smokefree Air Ordinance of 2002.
OR
Move to: Approve first reading of an ordinance amending City Code Section 9.42 adding e-
cigarettes to the prohibitions against smoking in locations covered by the Eden Prairie
Smokefree Air Ordinance of 2002 and the Minnesota Clean Indoor Air Act.
MOTION TO REQUIRE A LICENSE FOR RETAIL SALE OF E-CIGARETTES
Move to: Approve first reading of an ordinance amending City Code Section 5.35 to require a
license for the retail sale of c-cigarettes.
MOTION FOR MORATORIUM ON RETAIL SALES AND SAMPLING OF E-CIGARETTES
Move to:
• Approve first and second readings of an ordinance temporarily prohibiting retail sale and
sampling of e-cigarettes and related devices; and
• Adopt the resolution approving publication of the summary ordinance; and
• Adopt the resolution authorizing a study to determine what amendments to City Code are
required to protect the public health, safety and welfare and to provide sound planning with
respect to retail sales and sampling of e-cigarettes and related devices.
MOTION FOR MORATORIUM ON HOOKAH LOUGES AND E-CIGARETTE LOUNGES
Move to:
• Approve first and second readings of an ordinance temporarily prohibiting all hookah
lounges, e-cigarette lounges and related lounges; and
• Adopt the resolution approving publication of the summary ordinance; and
• Adopt the resolution authorizing a study to determine what amendments to City Code are
required to protect the public health, safety and welfare and to provide for sound planning
with respect to all hookah lounges, e-cigarette lounges and related lounges.
Synopsis
E Cigarettes
E Cigarettes have become more prevalent and retail locations are opening up across the State. At
the January 7, 2014 Council meeting staff presented detailed background information relating to
e cigarettes and the City's options in relation to regulation. These ordinances and moratoria
provide implementation of the various options.
Hookah Lounges
Hookah lounges are establishments where patrons share shisha(flavored tobacco) or other similar
products from a communal hookah or nargile or where patrons are served individual hookah pipes
that are smoked on site. Surrounding communities have been experiencing problems with their
establishments including code violations, zoning issues, and resident complaints.
The Council may consider adoption of one or more of the following:
• First reading of an Ordinance adding e cigarettes to the prohibitions against smoking in the
Eden Prairie Smokefree Air Ordinance of 2002
• First reading of an Ordinance adding e cigarettes to the prohibitions against smoking in the
Eden Prairie Smokefree Air Ordinance of 2002 and adding a prohibition against smoking and
use of e cigarettes in all locations the Minnesota Clean Indoor Air Act prohibits smoking
• First reading of an Ordinance requiring a license for retail sales of e cigarettes
• First and Second reading of an Ordinance instituting a moratorium temporarily prohibiting all
retail sales and sampling of e cigarettes and Resolution authorizing study
• First and Second reading of an Ordinance instituting a moratorium temporarily prohibiting
hookah lounges, e cigarette lounges, and related lounges and Resolution authorizing study
Background Information
E cigarette prohibition in Eden Prairie Smokefree Air Act(Exhibit A)
This Ordinance adds e cigarettes into the Ed en Prairie Sm okefree Air Act Ordinance of 2002.
The Act currently prohibits sm oking in parks, city facilities, motor vehicles owned by the city
when occupied by two or m ore persons, and motor vehicles at city parks and facilities. This
Ordinance will prohibit the use of e cigarettes in those same locations.
E cigarette prohibition in Eden Prairie Smokefree Air Act and MN Clean Air Act(Exhibit B)
This Ordinance adds e cigarettes into the Ed en Prairie Sm okefree Air Act Ordinance of 2002.
The Act currently prohibits sm oking in parks, city facilities, motor vehicles owned by the city
when occupied by two or m ore persons, and motor vehicles at city parks and facilities. This
Ordinance will p rohibit the use of e ciga rettes in those same locations. In a ddition, this
Ordinance adds a prohibition against smoking, both tobacco and e ci garettes, in any location the
Minnesota Clean Indoor Air Act prohibits smoking. This will prohibit use of e cigarettes in bars,
restaurants, retail stores, offices, public transportation, educational facilities, auditoriums, etc.
License for Retail Sales (Exhibit C)
This Ordinance adds e cigarettes to the defin ition of"tobacco-related products" in the City's
tobacco licensing ordinance. This will require that those engaged in the retail sale of e cigarettes
obtain a City tobacco license and comply with related regulations.
Moratorium temporarily prohibiting Retail Sales and Sampling (Exhibit D)
This Moratorium temporarily prohibits all retail sales and sampling of e cigarettes for a period of
up to one year providing adequate tim e for t he City to conduct a study to determ ine what
amendments to th e City Code will be require d to dea 1 effectively with e cigarettes. The
moratorium will expire in one year unless the City lifts it sooner.
Moratorium temporarily prohibiting Lounges (Exhibit E)
This Moratorium temporarily prohibits establishment of all hookah lounges, e cigarette lounges
and related lounges for a period of up to one year providing adequate time for the City to conduct
a study to determine what amendments to the City Code will be required to deal effectively with
such lounges. The moratorium will expire in one year unless the City lifts it sooner.
Attachments
1. Memorandum on E Cigarettes
2. Memorandum on Hookah Lounges
3. Exhibit A: Ordinance adding e cigarettes to the prohibitions against smoking in the Eden
Prairie Smoke-free Air Ordinance of 2002
4. Exhibit B: Ordinance adding e cigarettes to the prohibitions against smoking in the Eden
Prairie Smoke-free Air Ordinance of 2002 and adding a prohibition against smoking and use
of e cigarettes in all locations the Minnesota Clean Indoor Air Act prohibits smoking
5. Exhibit C: Ordinance requiring a license for retail sales of e cigarettes
6. Exhibit D: Moratorium temporarily prohibiting all retail sales and sampling of e cigarettes
7. Exhibit E: Moratorium temporarily prohibiting hookah lounges, e cigarette lounges, and
related lounges
GREGERSON, ROSOW, JOHNSON & NILAN, LTD.
ATTORNEYS AT LAW
DAVID H.GREGERSON* 650 THIRD AVENUE SOUTH ROBERT I.LANG(1922-2012)
RICHARD F.ROSOW+ SUITE 1600 ROGER A.PAULY(RETIRED)
MARK J.JOHNSON*t
JOSEPH A.NILAN*t MINNEAPOLIS,MINNESOTA 55402-4337 #Also admitted in Illinois
DANIEL R.GREGERSON* TELEPHONE:(612)338-0755 *Also admitted in Wisconsin
JOSHUA A.DOROTHYt FAX:(612)349-6718 tAlso admitted in North Dakota
EMERIC J.DWYER WWW.GRJN.COM +MSBA Board Certified Real Property Specialist
SARAH E.SCHWARZHOFF
DANIEL A.ELLERBROCK#
JENNIFER M.SPALDING Writer's Direct Dial: 612-436-7477
T.JAMES POWER
MARGARET L.EVAVOLD Writer's E-mail: rrosow@grjn.com
MEMORANDUM
To: Rick Getschow
From: Richard Rosow, Sarah Schwarzhoff
Date: December 27, 2013
Re: E Cigarettes
E cigarettes have surged in popularity but in formation and regulation have lagged behind. E
cigarettes heat liquid nicotine or other flavored substances into vapor that is inhaled. E cigarettes
contain no tobacco but m any contain nicotine. Despite the fact that e cigarettes have been
around for several years th ere is little inform ation regarding their safety and very little
regulation.
Producers and users of e cigarettes argue that there is no proof th at e cigarettes are not safe.
Others object that there is no proof that e cigarettes are safe. There are more than 250 types of e
cigarettes on the market and the ingredients vary widely. There have been no large scale tests or
studies to examine the various ing redients used to determine their safety. Som e people clai m
that e cigarettes help people quit sm oking tobacco cigarettes and are a safer altern ative.
However, in addition to there being no evidence on whether or not e ciga rettes are safer than
tobacco cigarettes there is also no evidence on wh ether or not they assist people to quit smoking
tobacco cigarettes.
With the wide variety o f e cigarettes on the market and the lack of information it is difficult to
make any statem ents about the safety of e cigarettes. The Univ ersity of Minnesota is one of
several institutions perform ing studies to as sess the safety of e cig arettes. Until studies are
complete, there is no data to analyze.
REGULATION
The regulation of e cigarettes is equally unsettled. E cigarettes are cu rrently covered by almost
no Federal, State or Local regula tion. As a result, stores selling e cigarettes have few if any
regulations and there are few limits on where e cigarettes may be used. There are no regulations
regarding what ingredients can be used in an e cigarette. Equally important, there are no
regulations regarding packaging th at inform a consum er what is actually in any particular e
cigarette.
The FDA has authority over e cig arette regulations. The FDA initially sought to regulate all e
cigarettes as drugs or devices, separate from tobacco regulations. A federal circuit court found in
Soterra, Inc. v Food & Drug Administration, 627 F.3d 891 (D.C. Cir 2 010) that the FDA only
has the authority to regulate e cigarettes as a drug or device if they are m arketed for therapeutic
purposes, otherwise e cigarettes can only be re gulated through he FDA's tobacco regulations.
The literature anticipates that the FDA, in reaction to the court ruling, will expand the definition
of"tobacco products" in its tobacco regulations to include e ciga rettes. The FDA ha s not made
clear what other regulations it intends to establish. Regulations for e cigarettes were to be issued
by October 31, 2013. In Oc tober 2013, 40 State Attorney Gene rals sent a letter to the FDA
urging it to meet the deadline. Their main concern regarding e cigarettes was safety, especially
youth safety, and the current lack of any regulat ion. The FDA pushed the deadline to the end of
November, but no regulations have yet been issued.
The State of Minnesota has prohibited the sale of e cigarettes to anyone under the age of 18 and
has included e cigarettes in the definition of tobacco in relation to taxing. However, the State has
not included e cigarettes in any definitions relating to licensing, sa le, or locations where use is
prohibited. The Minnesota Clean Indoor Air Act does not apply to e cigarettes, allowing their
use in restaurants and other public and private f acilities. Several legislators have indicated their
intent to introduce legislation next year to a dd e cigarettes to the Minnesota Clean Indoor Air
Act.
Most states have some form of indoor air act, but the acts have universally been determ fined not
to apply to e cigarettes absent a specific am endment. The laws were passed before e cigarettes
existed and the language is not expansive enough to include them. Several states have taken
action to regulate e cigarettes:
• North Dakota,New Jersey, and Utah have a 11 prohibited the use of e cigarettes in non-
hospitality workplaces, restaurants and bars;
• North Dakota also prohibits the use of e cigarettes in gambling facilities;
• Arkansas, Colorado, and New Hampshire ban e cigarette use on school property;
• Delaware and Oregon ban use of e cigarettes in state work places and on state property;
• Kansas, Oklahoma, and South Dakota ban the use of e cigarettes on departm ent of
corrections property; and
• Maryland bans the use of e cigarettes on commuter rail systems.
Several counties have taken action regarding e cigarette regulation:
• Hennepin County has banned the use of e cigarettes on County property; and
• Beltrami County has req uired that sellers be licensed and has banned the sam pling of e
cigarettes in stores.
Private companies have also addressed e cigarettes:
• The Mall of Am erica and Target Field h ave prohibited the use of e cigarettes on their
premises; and
• Several transit companies have prohibited the use of e cigarettes on transit vehicles.
Various cities have also enacted regulations relating to e cigarettes:
• Hopkins has instituted a m oratorium on ne w retailers selling e cigarettes. Current
retailers with tobacco license s can continue to sell e cig arettes but sampling on s ite is
prohibited.
• Duluth has banned the use of e cigarettes in public locations and has required a license to
sell e cigarettes. Duluth has also banned sampling in stores.
• Mendota Heights has required licensing to sell e cigarettes and banned sampling in stores.
• Mankato has reportedly banned e cigarette use in indoor public places just as traditional
smoking is banned, included e cigarettes in its tobacco licensing and prohibited sampling,
but the online code has yet to be updated.
• North Mankato established a one year moratorium on indoor sampling of e cigarettes.
• Savage included e cigarettes in its tobacco licensing ordinance.
• Edina adopted a one year moratorium prohibiting the establishment of vapor lounges.
• St. Peter has decided to prohibite d use of e cigarettes in City facilities just as tobacco is
prohibited, but the ordinance has not yet been adopted.
• Rochester park board has established a policy banning the use of e ciga rettes in parks.
The City Council is planning to ban e cigarette use in the m edical zone, bars, city bus
shelters and other areas where the u se of tobacco is banned,but the paperwork is not yet
complete.
• Woodbury appears to have include d e cigarettes in its tobacco licensing ordinance, as it
has issued licenses to e cigarette retailers, but the online code has yet to be updated.
• Ely has prohibited use of e cigarettes where tobacco cannot be used including private bars
and restaurants. Ely has also prohibited indoor sam pling by instituting a six m onth
moratorium.
• Hermantown has instituted a six month m oratorium prohibiting the sale or use of e
cigarettes in public spaces.
• Bemidji has included e cigarettes in tobacco licensing.
• St Paul has included e cigarette s in its tobacco licensing and has prohibited the sale of e
cigarettes to anyone under 18.
Many cities are currently discussing what action to take in regards to e cigarettes while others are
waiting to see what the Federal and State governments do before taking any action.
WHAT ARE THE CITY'S OPTIONS?
• Take No Action. The C ity can take no action in regards to e cigarettes. This will allow
the unregulated sale and use of e cigarettes in the City, other than the State's prohibition
against the sale to a nyone under the age of 18. Any Fede ral or State regulations will
apply when adopted and the City can revisit this issue at any time.
• Licensing. The City can revise its tobacco lic ensing code to include e cigarettes. Most
cities that have chosen to license e cigarettes have done so by including e cigarettes in the
definition of"tobacco" or "cigarette" in the code thus treating them exactly like tobacco
cigarettes. Alternatively, the City could es tablish an entirely separate licensing system
for e cigarettes.
• Public Locations. The City can add e cigarettes to its prohibitions in the Eden Prairie
Smokefree Air Ordinance of 2002 against smoking in parks; City facilities; inside motor
vehicles owned or operated by the City when occupied by two or more persons; and
inside motor vehicles at City Facilities and Parks. Just as with toba cco, the City can
prohibit the use of e cigarettes in City buildings, City vehicles and parks.
• Public and Private Locations. The City can expand the prohibition against the use of e
cigarettes to include areas covered by the Mi nnesota Clean Indoor Air Act. This would
prohibit the use of e cigare ttes in all loc ations that tob acco cigarettes are cu rrently
prohibited, including bars and restaurants. This option may become unnecessary if the
legislature includes e cigarettes in the Minnesota Clean Indoor Air Act.
• Moratorium. The City m ay use its land u se regulation authority to estab lish a
moratorium against new retail locations seeking to sell e cigarettes as Hopkins and Edina
have done.
• Combination. The City can take action on some combination of the above options.
GREGERSON, ROSOW, JOHNSON & NILAN, LTD.
ATTORNEYS AT LAW
DAVID H.GREGERSON* 650 THIRD AVENUE SOUTH ROBERT I.LANG(1922-2012)
RICHARD F.ROSOW+ SUITE 1600 ROGER A.PAULY(RETIRED)
MARK J.JOHNSON*t
JOSEPH A.NILAN*t MINNEAPOLIS,MINNESOTA 55402-4337 #Also admitted in Illinois
DANIEL R.GREGERSON* TELEPHONE:(612)338-0755 *Also admitted in Wisconsin
JOSHUA A.DOROTHYt FAX:(612)349-6718 [Also admitted in North Dakota
EMERIC J.DWYER WWW.GRJN.COM +MSBA Board Certified Real Property Specialist
SARAH E.SCHWARZHOFF
DANIEL A.ELLERBROCK#
JENNIFER M.SPALDING Writer's Direct Dial: 612-436-7477
T.JAMES POWER
MARGARET L.EVAVOLD Writer's E-mail: rrosow@grjn.com
MEMORANDUM
To: Rick Getschow
From: Richard Rosow, Sarah Schwarzhoff
Date: January 31, 2014
Re: Hookah Lounges
Sampling
The Minnesota Clean Indoor Act prohibits sm oking indoors. However, there are several
exceptions to the prohibition including an ex ception for"sampling". Minn. Stat. 144.4167,
Subd. 4 states:
Tobacco products shop . Sections 1 44.414 to 1 44.417 do not prohib it the lightin g of
tobacco in a tobacco pro ducts shop by a cust omer or potential customer for the specific
purpose of sampling tobacco produ cts. For the purposes o f this subdivision, a to bacco
products shop is a retail establ ishment with an entrance door opening directly to the
outside that derives m ore than 90 percent of its gross reve nue from the sale of loose
tobacco, plants, or herb s and cigars, cigarettes, pipes, and other sm oking devices for
burning tobacco and related smoking accessories and in which the sale of other pro ducts
is merely incidental. "Tobacco products shop" does not include a tobacco departm ent or
section of any individual business establ ishment with any type of liquor, food, or
restaurant license.
Owners and supporters of hookah lounges rely on th is exception to the Minnesota Clean Indoor
Air Act. The hookah lounge obtains tobacco license through the city and allows custom ers to
purchase tobacco and"sample" it communally in the licensed retail location. Though it is likely
the exception was not intended to include social use of tobacco in a retail location, the language
of the exception is, in the opinion of some, not specific enough to exclude it.
No one has yet challenged the use of the sampling exception as authorization for hookah lounges
in court. Therefore, cities seeking to prohibit or regulate hookah lounges have generally done so
by creating city regulations that are more restrictive than the Minnesota Clean Indoor Air Act,
either through licensing or the limitation or prohibition of sampling.
Burnsville
The City of Burnsville currently has two hookah lounges with tobacco licenses operating with in
Burnsville and another lounge which has applied for a license. As a result of som e issues with
the hookah lounges, related to both zoning and operations, the Burnsville City Council discussed
the matter at a workshop on De cember 10, 2013 and a m eeting on Decem ber 17, 2013.
Burnsville reviewed its tobacco licensing or dinance with a focus on hookah lou nges and e
cigarettes.
The lounges were licensed and were allowed in their current locations by Burns ville on the
premise that they are retail t obacco shops. However, they ope rate as lounges, which are not
permitted in the zon ing district in which they are located. Sim ilar uses, such as nightc lubs,
blowing alleys and game rooms are not permitted in the zoning district the lounges are in, though
they are permitted by CUP in other zoning districts.
The majority of the discussion, however, related to neighbor complaints and code violations.
The lounges operate in the afternoon or evening and stay open well past m idnight, some charge
entrance fees, and they often attract large crowds. Burnsville received several complaints from
neighboring businesses and residents in relation to the lounges. In addition the police and fire
departments have had multiple co ntacts with the lounges. The lounges have rep eatedly been
determined to be over occupancy and other fire c ode violations have also been observed. In
particular, the fire department noted a lack of code compliant exists, flammable wall coverings,
lack of clear occupancy load, and electrical code violations. On e of the lounges was discovered
at one point to have a carbon monoxide level five times the normal acceptable OSHA level.
The police department has had to increase patrol s near the lounges based on resident com plaints
and police observations. The resident corn plaints have included sm oke and odors in adjacent
buildings, use of restrooms in other business, concern about illegal activities, traffic,noise, large
crowds, and loud vehicles. The large crowds have required multiple police to respond and
during some contacts the custom ers have been c onfrontational. In ad dition, the lounges have
armed security,which is unusual in Burnsville.
Burnsville also discussed e ciga rettes at the workshop but the discussion was general with no
specific issues noted.
The Burnsville staff recommended prohibiting sampling in order to prohibit hookah lounges and
treating e cigarettes similar to tobacco for regul ation. The Burnsville Council directed staff not
to proceed with any regulations related to e cigarettes at this time,but to return with an ordinance
that would better define and regulate tobacco shops.
At the m eeting on Decem ber 17, 2013, Burnsville adop ted an ordinance addin g additional
regulations to Burnsville's tobacco licensing ordinance addressing matters such as: size of shop,
distance from other shops, cover charges, hours of operation, state buildi ng, fire etc. codes,
carbon monoxide levels, illegal acts on premises, and reporting of illegal acts.
EXHIBIT A
SAMPLE ORDINANCE
E CIGARETTE EP SMOKELESS ACT
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. -2014
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY
CODE SECTION 9.42 AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND
SECTION 9.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS:
Section 1. City Code Chapter 9, Section 9.42, Subd. 1 B is hereby amended by adding in
alphabetical order a definition for e cigarette which reads as follows:
"E Cigarette"means any electronic-smoking device that can be used to deliver
nicotine or any other substances to the person inhaling from the device, including
but not limited to electronic cigarettes, electronic cigars, electronic pipes or any
other similar device.
and renumbering the remaining definitions appropriately.
Section 2. City Code Chapter 9, Section 9.42, Subd. 1 B is hereby amended by inserting into the
definition for"Smoking", after the word"cigarette,"the words "e cigarette,".
Section 3. City Code Chapter 1 entitled "General Provisions and De finitions Applicable to th e
Entire City Code Including Penalty for Violat ion" and Section 9.99 entitled "Violation a
Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim
herein.
Section 4. This ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular m eeting of the City Council of the Ci ty of Eden Prairie on the
day of , 2014, and finally read and adopted and ordered published at a
regular meeting of the City Council of said City on the day of , 2014.
Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor
Published in the Eden Prairie News on the day of , 2014.
EXHIBIT B
SAMPLE ORDINANCE
E CIGARETTE EP SMOKELESS AND MN CLEAN INDOOR AIR ACT
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. -2014
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY
CODE SECTION 9.42 AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND
SECTION 9.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS:
Section 1. City Code Chapter 9, Section 9.42, Subd. 1 B is hereby amended by adding in
alphabetical order a definition for e cigarette which reads as follows:
"E Cigarette"means any electronic-smoking device that can be used to deliver
nicotine or any other substances to the person inhaling from the device, including
but not limited to electronic cigarettes, electronic cigars, electronic pipes or any
other similar device.
and renumbering the remaining definitions appropriately.
Section 2. City Code Chapter 9, Section 9.42, Subd. 1 B is hereby amended by inserting into the
definition for"Smoking", after the word"cigarette,"the words "e cigarette,".
Section 3. City Code Chapter 9, Section 9.42, Subd. 2 A is hereby amended by adding 5 which
reads as follows:
5. All locations where smoking is prohibited by the Minnesota Clean Indoor Air Act.
Section 4. City Code Chapter 1 entitled "General Provisions and De finitions Applicable to th e
Entire City Code Including Penalty for Violat ion" and Section 9.99 entitled "Violation a
Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim
herein.
Section 5. This ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular m eeting of the City Council of the Ci ty of Eden Prairie on the
day of , 2014, and finally read and adopted and ordered published at a
regular meeting of the City Council of said City on the day of , 2014.
Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor
Published in the Eden Prairie News on the day of , 2014.
EXHIBIT C
SAMPLE ORDINANCE
E CIGARETTE RETAIL LICENSING
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. -2014
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE
SECTION 5.35 AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION
5.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS:
1. Section 1. City Code Chapter 5, Section 5.35, Subd. 2 D is hereby deleted in its entirety and
replaced with the following:
"Tobacco-related products"means any product containing, made, or derived from
tobacco that is intended for human consumption, whether chewed, smoked, absorbed,
dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component,
part, or accessory of a tobacco product, including, but not limited to, cigars; cheroots;
stogies; periques; granulated, plug cut, crimp cut, ready rubbed, and other smoking
tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine-cut and other
chewing tobacco; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco,
and other kinds and forms of tobacco; but does not include cigarettes as defined in this
section. Tobacco-related products excludes any tobacco product that has been approved
by the United States Food and Drug Administration for sale as a tobacco cessation
product, as a tobacco dependence product, or for other medical purposes, and is being
marketed and sold solely for such an approved purpose. Tobacco—related products
includes electronic cigarettes defined as any electronic-smoking device that can be used
to deliver nicotine or any other substances to the person inhaling from the device,
including but not limited to electronic cigarettes, electronic cigars, electronic pipes or
any other similar device.
Section 2. City Code Chapter 1 entitled"General Provi sions and Definitions Applicable to the Entire
City Code Including Penalty for Violation" and Section 5.99 en titled "Violation a Misdemeanor" are
hereby adopted in their entirety,by reference, as though repeated verbatim herein.
Section 3. This ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
day of , 2014, and finally read and adopted and ordered published at a regular meeting of the
City Council of said City on the day of , 2014.
Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor
Published in the Eden Prairie News on the day of , 2014.
EXHIBIT D
SAMPLE ORDINANCE AND RESOLUTION
MORATORIUM ON E CIGARETTE RETAIL SALES AND SAMPLING
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. -2014
AN INTERIM ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA TEMPORARILY
PROHIBITING ALL RETAIL SALES AND SAMPLING OF E CIGARETTES AND RELATED
DEVICES; ADOPTING ENFORCEMENT PROVISIONS; AND ADOPTING BY REFERENCE CITY
CODE CHAPTER 1 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS:
Section 1. Findings and Intent. The City of Eden Prairie ("City")hereby finds that:
(1) E Cigarettes and related products have surged in popularity but information and regulation
have lagged behind. Despite the fact that e cigarettes have been sold for several years there
is little information regarding their safety.
(2) There are more than 250 types of e cigarettes on the market and the ingredients vary widely.
There have been no large scale tests or studies to examine the various ingredients used to
determine their safety.
(3) There are no regulations relating to the packaging of e cigarettes.
(4) There is no evidence on whether or not e cigarettes assist people in quitting smoking
tobacco cigarettes.
(5) The City's current regulations do not adequately address e cigarettes due to their recent
development and the lack of information about them.
(6) The City Council finds that in order to protect the planning process and the health, safety
and welfare of the general public the City must conduct a study to determine what
amendments to the City Code will be required to deal effectively with e cigarettes and
related devices. This study will include review of scientific and factual data relating to e
cigarettes, their composition and their risks; review of actions taken by other
governmental entities relating to e cigarettes; and analysis of the options relating to e
cigarettes available to the City in order to protect the planning process and the health,
safety and welfare of the general public.
Section 2.Authorization. Pursuant to Minn. Stat. § 462.355, subd. 4,the City is authorized to adopt interim
ordinances to regulate, restrict, or prohibit any use or development in all or part of the City, for a period of
one year(subject to exceptions as stated in Secti on 462.355),while the City is conducting studies, or has
authorized a study to be conducted, or has sc heduled a hearing to consi der adoption or a mendment of
official controls, including ordinances, regulating, restricting, or pr ohibiting any use, development or
subdivision within the City.
Section 3. Study. Pursuant to this Interim Ordinance and as authorized by separate Resolution,the City
determines to conduct a study to determine what amendments to the City Code will be required to deal
effectively with e cigarettes and related devices. This study will include review of scientific and factual
data relating to e cigarettes,their composition and their risks;review of actions taken by other governmental
entities relating to e cigarettes; and analysis of the options relating to e cigarettes available to the City in
order to protect the planning process and the health, safety and welfare of the general public.
Section 4. Study Area. This Interim Ordinance shall apply to all property within the City.
Section 5. Interim Ordinance. Pending the completion of the above-referenced Study, and the adoption of
appropriate official controls, for a pe riod of one year (subject to exceptions as st ated in Section 462.355)
after the Effective Date of this Ordinance, there shall be no use , development or subdivision of property
within the City relating to retail sales of e ciga rettes and related devices and no a pplications shall be
accepted, processed or approved for use of pr operty within the City for retail sales of e cigarett es and
related devices. In addition,there shall be no"sampling"of e cigarettes in retail establishments.
Section 6. Exc eptions. This moratorium shall not apply to retail sales in any establishment selling e
cigarettes as of the date of this Ordinance. Regardless of whether this exception applies to the retail sales of
e cigarettes by an establishment, all sampling if e cigarettes is prohibited during the term of this Ordinance.
Section 7. Enforcement. The City may enforce this Ordinance by ma ndamus, injunction or a ny other
appropriate civil remedy.
Section 8. City Code Chapter 1 e ntitled "General Provisions and Definitions A pplicable to the Entire
City Code Including Penalty for Vi olation" is hereby adopted in it s entirety, by reference, as though
repeated verbatim herein.
Section 9. This ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular m eeting of the City Council of the City of Eden Prairie on the
day of , 2014, and finally read and adopted and ordered published at a regular m eeting of the
City Council of said City on the day of , 2014.
Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor
Published in the Eden Prairie News on the day of , 2014.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2014-
A RESOLUTION AUTHORIZING A STUDY TO DETERMINE WHAT AMENDMENTS TO
THE CITY CODE ARE REQUIRED TO PROTECT THE PUBLIC HEALTH, SAFETY,AND
WELFARE AND TO PROVIDE FOR SOUND PLANNING WITH RESPECT TO THE RETAIL
SALES AND SAMPLING OF E CIGARETTES AND RELATED DEVICES
WHEREAS, e cigarettes and relate d products have surged in popularity but information and
regulation have lagged behind. Despite the fact that e cigarettes have been sold for several years there is
little information regarding their safety.
WHEREAS,there are more than 250 types of e cigarettes on the market and the ingredients vary
widely. There have been no large scale tests or st udies to examine the various ingredien is used to
determine their safety.
WHEREAS,there are no regulations relating to the packaging of e cigarettes.
WHEREAS, there is n o evidence on whether or not e cigare ttes assist people in quitting
smoking tobacco cigarettes.
WHEREAS, the City's current regulations do not ade quately address e cigarettes due to their
recent development and the lack of information about them.
WHEREAS, The City Council finds that in order to protect the planning process and the health,
safety and welfare of the general public the City must conduct a study to determine what amendments to
the City Code will be required to d eal effectively with e cigarettes and related devices. This study will
include review of scientific and factual data relating to e cig arettes, their composition and their risks ;
review of actions taken by other governm ental entities relating to e c igarettes; and analysis of the
options relating to e c igarettes available to the City in order to protect the planning process and the
health, safety and welfare of the general public.
WHEREAS,the City Council has concluded that the public health, safety and welfare and sound
planning require that a moratorium be imposed on the approval of any retail sa les of e cigare ttes and
related devices during the pendency of the study a nd the various pub lic hearings preceding possible
adoption amendments to the City Code.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS
FOLLOWS:
The City Council hereby authorizes a study to be conducted to determ ine what amendments to the City
Code will be required to deal effect ively with e cigarettes and relate d devices. This study will include
review of scientific and factual da to relating to e cigarettes, their composition and their risks; review of
actions taken by other governmental entities relating to e cigarettes; and analysis of the options relating
to e cigarettes available to the City in order to protect th e planning process and the health, safety and
welfare of the general public. U pon completion of the study, potential City Code am endments shall be
reviewed by the City Council.
ADOPTED by the City Council on , 2014.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2014-
A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE NO. AND ORDERING THE
PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. was adopted and ordered published at a
regular meeting of the City Council of the City of Eden Prairie held on the day of
, 2014.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND
ORDERS AS FOLLOWS:
A. Ordinance No. is lengthy.
B. The text of sum mary of Or dinance , attached hereto as
Exhibit A, conform s to M.S. § 331A.01, Subd. 10, and is approved, and
publication of the title and sum mary of the Ordinance will clearly inf orm the
public of the intent and effect of the Ordinance.
C. The title and summary shall be published once in the Eden Prairie News in a body
type no smaller than brevier or eight-point type.
D. A printed copy of the Ordinance sha 11 be made available for inspection by any
person, during regular office hours, at the o ffice of the City Clerk, and a copy of
the entire text of the Ordinance shall be posted in the City offices.
E. Ordinance shall be recorded in the Ordinance Book, along
with proof of publication,within twenty(20) days after said publication.
ADOPTED by the City Council on , 2014.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
EXHIBIT A
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
SUMMARY OF ORDINANCE NO.
AN INTERIM ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA
TEMPORARILY PROHIBITING ALL R ETAIL SALES AND SAMPLING OF E
CIGARETTES AND RELATED DEVICES; ADOPTING ENFORCEMENT PROVISIONS;
AND ADOPTING BY REFERENCE CITY C ODE CHAPTER 1 W HICH AMONG OTHER
THINGS CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
The following is only a summary of Ordinance No. . The full text is available for
public inspection by any person during regular office hours at the Office of the City Clerk.
SUMMARY: The Ordinance tem porarily prohibits all retail sales and sam pling of e cigarettes
and related devices for a period of up to one year providing adequate time for the City to conduct
a study to determine what amendments to the City Code will be required to deal effectively with
e cigarettes.
EFFECTIVE DATE. This Ordinance shall take effect upon publication.
ATTEST:
Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on .
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
SUMMARY OF ORDINANCE NO.
AN INTERIM ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA
TEMPORARILY PROHIBITING ALL RETAIL SALES AND SAMPLING OF E CIGARETTES
AND RELATED DEVICES; ADOPTING ENF(RCEMENT PROVISIONS;AND ADOPTING BY
REFERENCE CITY CODE CHAPTER 1 WHICH AMONG OTHER THINGS CONTAIN
PENALTY PROVISIONS.
The following is only a summary of Ordinance No. . The full text is available for
public inspection by any person during regular office hours at the Office of the City Clerk.
SUMMARY: The Ordinance temporarily prohibits all retail sales and sampling of e cigarettes and
related devices for a period of up to one year providing adequate time for the City to conduct a study
to determine what amendments to the City Code willbe required to deal electively with e cigarettes.
EFFECTIVE DATE. This Ordinance shall take effect upon publication.
ATTEST:
Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on .
EXHIBIT E
SAMPLE ORDINANCE AND RESOLUTION
MORATORIUM ON HOOKAH AND E CIGARETTE LOUNGES
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. -2014
AN INTERIM ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA TEMPORARILY
PROHIBITING ALL HOOKAH LOUNGES, E CIGARETTE LOUNGES,AND RELATED LOUNGES;
ADOPTING ENFORCEMENT PROVISIONS; AND ADOPTING BY REFERENCE CITY CODE
CHAPTER 1 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA ORDAINS:
Section 1. Findings and Intent. The City of Eden Prairie ("City")hereby finds that:
(1) E Cigarettes and related products have surged in popularity but information and regulation
have lagged behind. Despite the fact that e cigarettes have been sold for several years there is
little information regarding their safety.
(2) There are more than 250 types of e cigarettes on the market and the ingredients vary widely.
There have been no large scale tests or studies to examine the various ingredients used to
determine their safety.
(3) There are no regulations relating to the packaging of e cigarettes.
(4) There is no evidence on whether or not e cigarettes assist people in quitting smoking tobacco
cigarettes.
(5) The City's current regulations do not adequately address e cigarettes due to their recent
development and the lack of information about them.
(6) Hookah lounges are establishments where patrons share shisha(flavored tobacco) or other
similar products from a communal hookah or nargile or where patrons are served individual
hookah pipes that are smoked on site.
(7) Hookah lounges have become popular establishments. However, little regulation exists due
to their fairly recent emergence in the area.
(8) The City Council finds that in order to protect the planning process and the health,safety and
welfare of the general public the City must conduct a study to determine what amendments to
the City Code will be required to deal effectively with hookah lounges,e cigarettes lounges,
and related lounges. This study will include review of scientific and factual data relating to
shisha, e cigarettes and related devices and products,their composition and their risks;
review of actions taken by other governmental entities relating to hookah lounges, e
cigarette lounges and related lounges; and analysis of the options relating to hookah
lounges, e cigarette lounges, and related lounges available to the City in order to protect the
planning process and the health, safety and welfare of the general public.
Section 2. Authorization. Pursuant to Minn. Stat. § 462.355, subd. 4, the City is authorized to adopt interim
ordinances to regulate,restrict, or prohibit any use or development in all or part of the City, for a period of one
year(subject to exceptions as stated in Section 462.355),while the City is conducting studies, or has authorized
a study to be conducted, or has scheduled a hearing to consider adoption or amendment of official controls,
including ordinances, regulating, restricting, or prohibiting any use,development or subdivision within the
City.
Section 3. Study. Pursuant to th is Interim Ordinance and as au thorized by separate Resolution, the City
determines to conduct a study to d etermine what amendments to the City Code will be required to deal
effectively with hookah lounges, e cigarettes lounges, and related lounges. This study will include review of
scientific and factual data relating to shisha, e cig arettes and related devices and products, their composition
and their risks; review of actions taken by other governmental entities relating to hookah lounges, e cigarette
lounges and related lounges; and analysis of the options relating to hookah lounges, e cigarette lounges, and
related lounges available to the City in order to protect the planning process and the health, safety and welfare
of the general public.
Section 4. Study Area. This Interim Ordinance shall apply to all property within the City.
Section 5. Interim Ordinance. P ending the completion of the above-referenced Study, and the adoption of
appropriate official controls, for a period of one year (subject to exceptions as stated in Section 462.355) after
the Effective Date of this Ordinance, there shall be no use, development or subdivision of property for hookah
lounges, e cigarette lounges or related lounges within the City and no applications shall be accepted,processed
or approved for use of property for hookah lounges,e cigarette lounges or related lounges within the City.
Section 6. Exceptions. This moratorium shall not apply to hookah lounges, e cigarette lounges or related
lounges in operation as of the date of this Ordinance.
Section 7. Enforcement. The City may enforce this Or dinance by mandamus, injunction or any other
appropriate civil remedy.
Section 8. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City
Code Including Penalty for Violation" is hereb y adopted in its entirety, by reference, as though repeated
verbatim herein.
Section 9. This ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day
of , 2014, and finally read and adopted and ordered published at a regular meeting of the City
Council of said City on the day of , 2014.
Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor
Published in the Eden Prairie News on the day of , 2014.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2014-
A RESOLUTION AUTHORIZING A STUDY TO DETERMINE WHAT AMENDMENTS TO
THE CITY CODE ARE REQUIRED TO PROTECT THE PUBLIC HEALTH, SAFETY,AND
WELFARE AND TO PROVIDE FOR SOUND PLANNING WITH RESPECT TO ALL
HOOKAH LOUNGES, E CIGARETTE LOUNGES,AND RELATED LOUNGES
WHEREAS, e cigarettes and related products have surged in popularity but inform ation and
regulation have lagged behind. Despite the fact that e cigarettes have been sold for several years there
is little information regarding their safety.
WHEREAS, there are more than 250 types of e cigarettes on the m arket and the ingredients
vary widely. There have been no large scale tests or studies to examine the various ingredients used to
determine their safety.
WHEREAS,there are no regulations relating to the packaging of e cigarettes.
WHEREAS, there is no evidence on whether or not e cigarettes assist people in quitting
smoking tobacco cigarettes.
WHEREAS, the City's current regulations do not adequately address e cigarettes due to their
recent development and the lack of information about them.
WHEREAS, hookah lounges are establishments where patrons share shisha(flavored tobacco)
or other similar products from a communal hookah or nargile or wher e patrons are served individual
hookah pipes that are smoked on site.
WHEREAS, hookah lounges have become popular establishments. However, little regulation
exists due to their fairly recent emergence in the area.
WHEREAS, the City Council finds that in order to protect th e planning process and the
health, safety and welfa re of the general public the City must conduct a study to determ ine what
amendments to the City Code will be required to deal effectivel y with hookah lounges, e cigarettes
lounges, and related lounges. This study will include review of sc ientific and factual data relating to
shisha, e cigarettes and related devices and produc ts, their corn position and th eir risks; review of
actions taken by other governmental entities relating to hookah lounges, e cigarette lounges and related
lounges; and analysis of the op tions relating to hookah lounges, e cigarette lounges, and related
lounges available to the City in order to protect the planning process and the health, safety and welfare
of the general public.
WHEREAS, the City Council has concluded that th e public health, safety and we lfare and
sound planning require that a m oratorium be i mposed on the approval of any hookah lounges, e
cigarette lounges or related lounge s during the pendency of the study and the various public hearings
preceding possible adoption amendments to the City Code.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS
FOLLOWS:
The City Council hereby authorizes a study to be conducted to determine what amendments to the City
Code will be required to deal effectively with hookah lounges, e cigarettes lounges, and related
lounges. This study will include review of scientific and factual data relating to shisha, e cigarettes
and related devices and products, their corn position and their risks; review of actions taken by other
governmental entities relating to hookah lounges, e ci garette lounges and related lounges; and analysis
of the options relating to hookah lounges, e cigarette lounges, and related lounges available to the City
in order to protect the planning process and the health, safety and welfare of the general public.
ADOPTED by the City Council on , 2014.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2014-
A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE NO. AND ORDERING THE
PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. was adopted and ordered published at a
regular meeting of the City Council of the City of Eden Prairie held on the day of
, 2014.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND
ORDERS AS FOLLOWS:
A. Ordinance No. is lengthy.
B. The text of sum mary of Or dinance , attached hereto as
Exhibit A, conform s to M.S. § 331A.01, Subd. 10, and is approved, and
publication of the title and sum mary of the Ordinance will clearly inf orm the
public of the intent and effect of the Ordinance.
C. The title and summary shall be published once in the Eden Prairie News in a body
type no smaller than brevier or eight-point type.
D. A printed copy of the Ordinance sha 11 be made available for inspection by any
person, during regular office hours, at the o ffice of the City Clerk, and a copy of
the entire text of the Ordinance shall be posted in the City offices.
E. Ordinance shall be recorded in the Ordinance Book, along
with proof of publication,within twenty(20) days after said publication.
ADOPTED by the City Council on , 2014.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
EXHIBIT A
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
SUMMARY OF ORDINANCE NO.
AN INTERIM ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA
TEMPORARILY PROHIBITING ALL HOOKAH LOUNGES, E CIGARETTE LOUNGES,
AND RELATED LOUNGES; ADOPTING ENFORCEMENT PROVISIONS; AND
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 WHICH AMONG OTHER THINGS
CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
The following is only a summary of Ordinance No. . The full text is available for
public inspection by any person during regular office hours at the Office of the City Clerk.
SUMMARY: The Ordinance tern porarily prohibits establishment of all hookah lounges, e
cigarette lounges and related lounges for a period of up to one year providing adequate tim e for
the City to conduct a study to determ ine what amendments to the City C ode will be required to
deal effectively with such lounges.
EFFECTIVE DATE. This Ordinance shall take effect upon publication.
ATTEST:
Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on .
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
SUMMARY OF ORDINANCE NO.
AN INTERIM ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA
TEMPORARILY PROHIBITING ALL HOOKAH LOUNGES,E CUARETTE LOUNGES,AND
RELATED LOUNGES; ADOPTING ENFORCEMENT PROVISIONS; AND ADOPTING BY
REFERENCE CITY CODE CHAPTER 1 WHICH AMONG OTHER THINGS CONTAIN
PENALTY PROVISIONS
The following is only a summary of Ordinance No. . The full text is available for
public inspection by any person during regular office hours at the Office of the City Clerk.
SUMMARY: The Ordinance temporarily prohibits establishment of all hookah lounges, e cigarette
lounges and related lounges for a period of up to one year providing adequate time for the City to
conduct a study to determine what amendments to the City Code will be required to deal effectively
with such lounges.
EFFECTIVE DATE. This Ordinance shall take effect upon publication.
ATTEST:
Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on .