HomeMy WebLinkAboutCity Council - 03/08/2016 AGENDA
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY,MARCH 8, 2016 CITY CENTER
5:00—6:25 PM, HERITAGE ROOMS
6:30—7:00 PM, COUNCIL CHAMBER
CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher
Wickstrom, Kathy Nelson, and Ron Case
CITY STAFF: City Manager Rick Getschow, Police Chief Rob Reynolds, Fire Chief George
Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah,
Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City
Attorney Ric Rosow, and Recorder Lorene McWaters
Workshop-Heritage Room II(5:30 p.m.)
I. AMC THEATRES PROPOSAL (5:30 to 5:50)
II. IT OVERVIEW (5:50-6:30)
Open Podium - Council Chamber (6:30 p.m.)
III. OPEN PODIUM
IV . ADJOURNMENT
AGENDA
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY,MARCH 8, 2016 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, Community
Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City
Attorney Ric Rosow and Council Recorder Jan Curielli
I. CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE
III. COUNCIL FORUM INVITATION
IV. PROCLAMATIONS/PRESENTATIONS
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 16, 2016
B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 16, 2016
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. SHADY OAK EXPANSION by The Nordick Group. Second Reading of the
Ordinance for Planned Unit District Review with waivers and zoning district
Amendment within the I-2 Zoning District on 6.78 acres and Site Plan Review on
6.78 acres. Location: 6775 Shady Oak Road. (Ordinance for PUD District
Review and Zoning District Amendment; Resolution for Site Plan Review)
C. SHOPS AT SOUTHWEST STATION by Venture Pass Partners, LLC. Second
Reading of the Ordinance for Planned Unit District Review with waivers and
Zoning District Amendment within the Commercial Regional Service Zoning
District on 1.67 acres and Site Plan Review on 1.67 acres. Location: 13000
Technology Drive. (Ordinance for PUD District Review and Zoning District
Amendment; Resolution for Site Plan Review)
CITY COUNCIL AGENDA
March 8, 2016
Page 2
D. KAL POINT by Kal Stay, LLC. Second Reading of the Ordinance for Guide
Plan Change from Neighborhood Commercial to Community Commercial on 2.98
acres, Planned Unit District Review with waivers and zoning district Amendment
within the Commercial Regional Services Zoning District on 2.98 acres and Site
Plan Review on 2.98 acres. Location: 13105, 13075 & 13405 Pioneer Trail.
(Ordinance for Guide Plan Change; Ordinance for PUD District Review and
Zoning District Amendment; Resolution for Site Plan Review)
E. ADOPT RESOLUTION APPROVING FINAL PLAT OF KAL POINT
F. ADOPT RESOLUTION SUPPORTING APPLICATION FOR FUNDING
FOR A TRAIL AND SIDEWALK EXTENSION ON VALLEY VIEW RD.
FROM TARTAN CURVE TO COUNTY HIGHWAY 101
G. ADOPT RESOLUTION SUPPORTING APPLICATION FOR FUNDING
FOR A TRAIL EXTENSION ON SOUTH SIDE OF VALLEY VIEW RD.
FROM 9977 VALLEY VIEW ROAD TO WASHINGTON AVE S.
H. ADOPT RESOLUTION APPROVING SUPPORT OF MINNESOTA
INVESTMENT FUND APPLICATION IN CONNECTION WITH
CLIMATECH
I. ADOPT RESOLUTION GRANTING AMENDMENT NO. 1 TO
COMMUNICATION FACILITIES LICENSE AGREEMENT WITH
VERIZON AT 8080 MITCHELL RD.
J. DECLARE OBSOLETE EQUIPMENT AS SURPLUS
K. APPROVE PURCHASE OF A GPS TRIMBLE
L. ADOPT RESOLUTION DECLARING CITY'S OFFICIAL INTENT TO
REIMBURSE ITSELF FOR PRIOR EXPENDITURES OUT OF THE
PROCEEDS OF A SUBSEQUENTLY ISSUED SERIES OF BONDS (TOWN
CENTER ELEVATED WATER TOWER RECOATING PROJECT)
M. APPROVE PURCHASE OF NG-911 REDUNDANT PHONE LOGGER
SYSTEM FROM MOTOROLA SOLUTIONS INC.
N. AWARD STREET SWEEPING CONTRACT TO PEARSON BROTHERS,INC.
O. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WSB &
ASSOCIATES, INC. FOR DESIGN SERVICES FOR THE MEDCOM
BOULEVARD IMPROVEMENT PROJECT
P. AWARD CONTRACT TO CLASSIC PROTECTIVE COATINGS FOR
RECONDITIONING OF TOWN CENTER ELEVATED WATER
STORAGE RESERVOIR
Q. ADOPT RESOLUTION AMENDING RESOLUTION NO. 2016-12
DESIGNATING CITY COUNCIL MEETING DATES, TIMES & PLACES
CITY COUNCIL AGENDA
March 8, 2016
Page 3
IX. PUBLIC HEARINGS /MEETINGS
A. 2016 CDBG FUNDS (RESOLUTION)
B. STARBUCKS AND BP STATION by Told Development Company. Request
for Guide Plan Change from Low Density Residential to Regional Commercial
Service on 0.44 acres; Planned Unit Development Concept Review on 1.38 acres;
Planned Unit Development District Review with waivers on 1.38 acres; Zoning
District Change from R1-13.5 to Highway Commercial (C-HWY) on 0.44 acres;
Site Plan Review on 1.38 acres and Preliminary Plat of three lots into two lots on
1.38 acres. Location: 11190 West 62nd St. (Resolution for Guide Plan Change;
Resolution for PUD Concept Review; Ordinance for PUD District Review
with waivers and Zoning District Change; Resolution for Preliminary Plat)
C. OPTUM PUD AMENDMENT by United Health Group. Request for Planned
Unit Development District Review with waivers on 89.63 acres; Zoning District
Amendment within the I-5 Zoning District on 89.63 acres and Site Plan Review
on 89.63acres. Location: 13625 Technology Drive (Ordinance for PUD District
Review with waivers and Zoning District Amendment)
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
A. 2016 COMMISSIONS
B. 2016 BOARD & COMMISSION CHAIRS AND VICE CHAIRS
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
CITY COUNCIL AGENDA
March 8, 2016
Page 4
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
ANNOTATED AGENDA REVISED
DATE: March 8, 2016
TO: Mayor and City Council
FROM: Rick Getschow, City Manager
RE: City Council Meeting for Tuesday, March 8, 2016
TUESDAY,MARCH 8, 2016 7:00 PM, COUNCIL CHAMBER
I. CALL THE MEETING TO ORDER
II. COLOR GUARD/PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
Open Podium is an opportunity for Eden Prairie residents to address the City Council on
issues related to Eden Prairie city government before each Council meeting, typically the
first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If
you wish to speak at Open Podium, please contact the City Manager's office at
952.949.8412 by noon of the meeting date with your name,phone number and subject
matter. If time permits after scheduled speakers are finished, the Mayor will open the floor
to unscheduled speakers. Open Podium is not recorded or televised. If you have questions
about Open Podium,please contact the City Manager's Office.
IV. PROCLAMATIONS/PRESENTATIONS
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Move to approve the agenda.
VI. MINUTES
MOTION: Move to approve the following City Council minutes:
A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 16, 2016
B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 16, 2016
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII. CONSENT CALENDAR
MOTION: Move approval of items A-Q on the Consent Calendar.
A. CLERK'S LICENSE LIST
B. SHADY OAK EXPANSION by The Nordick Group. Second Reading of the
Ordinance for Planned Unit District Review with waivers and zoning district
Amendment within the 1-2 Zoning District on 6.78 acres and Site Plan Review on
6.78 acres. Location: 6775 Shady Oak Road. (Ordinance for PUD District
Review and Zoning District Amendment; Resolution for Site Plan Review)
ANNOTATED AGENDA-REVISED
March 8,2016
Page 2
C. SHOPS AT SOUTHWEST STATION by Venture Pass Partners, LLC. Second
Reading of the Ordinance for Planned Unit District Review with waivers and
Zoning District Amendment within the Commercial Regional Service Zoning
District on 1.67 acres and Site Plan Review on 1.67 acres. Location: 13000
Technology Drive. (Ordinance for PUD District Review and Zoning District
Amendment; Resolution for Site Plan Review)
D. KAL POINT by Kal Stay, LLC. Second Reading of the Ordinance for Guide Plan
Change from Neighborhood Commercial to Community Commercial on 2.98 acres,
Planned Unit District Review with waivers and zoning district Amendment within
the Commercial Regional Services Zoning District on 2.98 acres and Site Plan
Review on 2.98 acres. Location: 13105, 13075 & 13405 Pioneer Trail. (Ordinance
for Guide Plan Change; Ordinance for PUD District Review and Zoning
District Amendment; Resolution for Site Plan Review)
E. ADOPT RESOLUTION APPROVING FINAL PLAT OF KAL POINT
F. ADOPT RESOLUTION SUPPORTING APPLICATION FOR FUNDING
FOR A TRAIL AND SIDEWALK EXTENSION ON VALLEY VIEW RD.
FROM TARTAN CURVE TO COUNTY HIGHWAY 101
G. ADOPT RESOLUTION SUPPORTING APPLICATION FOR FUNDING
FOR A TRAIL EXTENSION ON SOUTH SIDE OF VALLEY VIEW RD.
FROM 9977 VALLEY VIEW ROAD TO WASHINGTON AVE S.
H. ADOPT RESOLUTION A PPDOVING SUPPORT OF. MINNTi SOT A
INVESTMENT FUND A PP7 I! A TION TILT CONNECTION WITH
CLIMATECH ITEM MOVED TO PUBLIC HEARINGS
I. ADOPT RESOLUTION GRANTING AMENDMENT NO. 1 TO
COMMUNICATION FACILTIES LICENSE AGREEMENT WITH VERIZON
AT 8080 MITCHELL RD.
J. DECLARE OBSOLETE EQUIPMENT AS SURPLUS
K. APPROVE PURCHASE OF A GPS TRIMBLE
L. ADOPT RESOLUTION DECLARING CITY'S OFFICIAL INTENT TO
REIMBURSE ITSELF FOR PRIOR EXPENDITURES OUT OF THE
PROCEEDS OF A SUBSEQUENTLY ISSUED SERIES OF BONDS (TOWN
CENTER ELEVATED WATER TOWER RECOATING PROJECT)
M. APPROVE PURCHASE OF NG-911 REDUNDANT PHONE LOGGER
SYSTEM FROM MOTOROLA SOLUTIONS INC.
N. AWARD STREET SWEEPING CONTRACT TO PEARSON BROTHERS,INC.
ANNOTATED AGENDA-REVISED
March 8,2016
Page 3
O. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WSB &
ASSOCIATES, INC. FOR DESIGN SERVICES FOR THE MEDCOM
BOULEVARD IMPROVEMENT PROJECT
P. AWARD CONTRACT TO CLASSIC PROTECTIVE COATINGS FOR
RECONDITIONING OF TOWN CENTER ELEVATED WATER STORAGE
RESERVOIR
Q. ADOPT RESOLUTION AMENDING RESOLUTION NO. 2016-12
DESIGNATING OFFICIAL CITY COUNCIL MEETING DATES, TIMES
AND PLACES
IX. PUBLIC HEARINGS/MEETINGS
A. 2016 CDBG FUNDS (RESOLUTION)
Official notice of this public hearing was published in the January 28, 2016, Eden
Prairie News.
Synopsis: The office of Housing and Urban Development (HUD) has announced
Eden Prairie's 2016 CDBG allocation to be $210,636. The regulations stipulate that
public service funding may not exceed 15 percent of the City's total allocation
($210,636), plus 15 percent of the previous year's program income. The Human
Services Review Committee reviewed the 2016 CDBG proposals and recommended
the following activities be funded.
Funding County %of
# Human Services Activity Level Priority Allocation
1 PROP Housing Support Services $22,000 High 10%
2 YMCA Child Care Subsidy $10,000 High 5%
3 HOME(Household&Outside Maintenance for the Elderly) $9,000 High 4%
4 PROP(Emergency Vehicle Repair) $12,000 High 6%
Subtotal $53,000
Funding County
Housing Activities Level Priority
5 Housing Rehabilitation Deferred Loan Program $78,536 High 38%
6 Affordable Housing-WHAHLT $55,000 High 26%
7 Fair Housing Initiative $2,100 High 1%
8 Program Administration $22,000 High 10%
Grand Total $210,636
The discussion of how to distribute the 2016 CDBG funds through the Human
Services Review Committee included a complete review of all "Request for
Funding" applications and the distribution percentage of funds in 2015. The
Committee's goals were to have the best and highest use of these funds for human
services that demonstrated the most direct benefit to the community.
MOTION: Move to:
• Close the public hearing; and
• Adopt the Resolution approving the use of 2016 CDBG funds as
recommended by the Eden Prairie Human Services Committee.
ANNOTATED AGENDA-REVISED
March 8,2016
Page 4
B. STARBUCKS AND BP STATION by Told Development Company. Request for
Guide Plan Change from Low Density Residential to Regional Commercial Service
on 0.44 acres; Planned Unit Development Concept Review on 1.38 acres; Planned
Unit Development District Review with waivers on 1.38 acres; Zoning District
Change from R1-13.5 to Highway Commercial (C-HWY) on 0.44 acres; Site Plan
Review on 1.38 acres and Preliminary Plat of three lots into two lots on 1.38 acres.
Location: 11190 West 62nd St. (Resolution for Guide Plan Change; Resolution
for PUD Concept Review; Ordinance for PUD District Review with waivers
and Zoning District Change; Resolution for Preliminary Plat)
Official notice of this public hearing was published in the February 25, 2016, Eden
Prairie News and sent to 6 property owners.
Synopsis: The proposed project is for the construction of a 2,000 square foot
Starbucks with a drive through and the relocation and reconstruction of a carwash
facility at the existing BP Station.
A portion of the property was recently annexed into the City of Eden Prairie from
the City of Minnetonka. At the time of annexation, Comprehensive Plan Guiding
and Zoning was established that most closely resembled the guiding and zoning that
previously existed on the property while under the jurisdiction of Minnetonka, with
the requirement that at the time of development, Comprehensive Guiding and
Zoning would be sought that was consistent with the proposed development.
The proponent is seeking PUD waivers to the parking stall size on the existing BP
Station site, the requirement for peaked roofs for gasoline/convenience stores and
canopies, and front yard setback for the Starbucks lot.
Background
The structure proposed meets or exceeds the performance standards required and
includes pedestrian connections to West 62nd Street. The architecture of the
Starbucks building includes varied roof lines and building wall articulations. In
addition, the proponent's proposal includes the use of canopies and wall lighting to
create additional definition, contrast and interest to the facades of the building.
The following PUD waivers are proposed:
1. Parking stall size on Lot 1 for existing parking stalls adjacent to the C-Store
from of 9'by 14". City Code requires 9'x 19'.
Lot 1 includes 6 existing parking stalls that are 14 feet in depth. These stalls
represent an existing condition and are adjacent to drive aisle spaces allowing
for circulation through the BP site. The BP site exceeds the number of parking
stall required by City Code for this use.
2. Peaked roofs for gasoline/convenience stores and canopies.
In 2013, City Code was amended to require that all buildings and pump
ANNOTATED AGENDA-REVISED
March 8,2016
Page 5
canopies for gasoline/convenience stores incorporate peaked roofs and relate
architecturally with the building. The BP site, in its current architectural state,
was constructed prior to the establishment of this requirement. The applicant is
therefore seeking a waiver. The horizontal rooflines proposed for the BP site
are consistent with the design proposed with the Starbucks store and is
consistent with the environment of adjacent development.
3. Front yard structure setback from 35 feet to 24 feet along 62nd Street.
The majority of the frontage along 62nd Street is able to comply with the 35 foot
front yard setback. However, due to the unique trapezoidal shape of the
property and the easements to the north, compliance with the required setback
significantly impacts the area available for development.
The 120-Day Review Period Expires on April 27, 2016.At its February 8, 2016,
meeting the Planning Commission voted 7-0 to recommend approval of the project.
MOTION: Move to:
• Close the Public Hearing; and
• Adopt the Resolution for Guide Plan Change from Low Density
Residential to Regional Commercial on 0.44 acres
• Adopt the Resolution for Planned Unit Development Concept
Review on 1.38 acres; and
• Approve 1st Reading of the Ordinance for Planned Unit
Development District Review with waivers, and Zoning District
Change from R1-13.5 to Highway Commercial 0.44 acres; and
• Adopt the Resolution for Preliminary Plat for 3 lots into 2 lots on
1.38 acres; and
• Direct Staff to prepare a Development Agreement incorporating
Staff and Commission recommendations and Council conditions.
C. OPTUM PUD AMENDMENT by United Health Group. Request for Planned Unit
Development District Review with waivers on 89.63 acres; Zoning District
Amendment within the I-5 Zoning District on 89.63 acres and Site Plan Review on
89.63acres. Location: 13625 Technology Drive (Ordinance for PUD District
Review with waivers and Zoning District Amendment)
Official notice of this public hearing was published in the February 25, 2016,Eden
Prairie News and sent to 215 property owners.
Synopsis: The properties received approval for PUD, preliminary plat and site plan
review in 1998 as a single property and under single ownership. In 2008, the
property was platted into 2 parcels which are now owned by separate entities.
United Health Group owns the western most property and leases the existing
building on eastern property from AGNL Health.
ANNOTATED AGENDA-REVISED
March 8,2016
Page 6
Background
The proposed project is for the construction of two surface parking lots to support
additional employees that will be added to this campus. The north parking area
includes 121 stalls and is proposed to be permanent. The south lot proposes 335
parking stalls and is proposed to be temporary. Staff is including recommended
conditions of approval that would require the removal of the south lot if one of the
following conditions occurs:
1. If UHG terminates its lease at 13625 Technology Drive and vacates the facility,
the surface parking lot on Lot 1, Block 1, will be removed and restored with turf
at UHG expense.
2. If UHG commences with development on Lot 1, Block 1, the surface parking
lot will be removed prior to occupancy of the first structure and capacity of the
lost parking will be incorporated into the new structured parking ramp
supporting the new development.
3. If UHG sells Lot 1, Block 1 the surface parking lot on that parcel will be
removed and restored with turf at UHG expense prior to completion of the
property transaction.
The proponent is seeking a PUD waiver to allow off-site parking.
The proponent has provided additional information regarding the possibility of
utilizing pervious pavement in the proposed parking areas. Attached to this report
is the information that has been provided. The proponent indicates that the site is
not conducive to pervious pavement due to high groundwater in the area, clay soils,
and construction and ongoing maintenance costs.
Following review by the Planning Commission, the City became aware that the
Riley Purgatory Bluff Creek Watershed district is requiring that the proponent seek
a variance from the watershed district requirements for a wetland buffers as the
proponent is unable to provide the wetland buffer minimum and average widths due
to existing structures. Staff is recommending the additional condition of approval
that the proposed development be consistent with the requirements of the Riley
Purgatory Bluff Creek Watershed District.
Some wetland buffers were provided at the time of initial development prior to the
implementation of the City's wetland buffer requirements. The wetland buffers and
structure setbacks provided do not meet current City requirements along the private
roadway as specified in the City's wetland code. Because this is an existing
condition, the wetland buffers and structure setbacks are a non-conforming use.
City Code allows non-conforming uses to be continued but does not allow the
expansion of the non-conforming use.
The 120-Day Review Period Expires on April 6, 2016. At its February 8, 2016,
meeting the Commission voted 7-0 to recommend approval of the project subject to
the information in the staff report dated February 3, 2016 and plans stamp dated
January 28, 2016.
ANNOTATED AGENDA-REVISED
March 8,2016
Page 7
MOTION: Move to:
• Close the Public Hearing; and
• Approve 1st Reading of the Ordinance for Planned Unit
Development District Review with waivers, and Zoning District
Amendment within the 1-5 Zoning District on 89.63 acres; and
• Direct Staff to prepare a Development Agreement incorporating
Staff and Commission recommendations and Council conditions.
D. RESOLUTION APPROVING SUPPORT OF MINNESOTA INVESTMENT FUND
APPLICATION IN CONNECTION WITH
CLIMATECH
Official notice of this public hearing was published in the February 25, 2016,Eden
Prairie News.
Synopsis: Climatech plans to invest about $1,300,000 to renovate their building at
6950 Washington Ave. S. in Eden Prairie, and purchase new equipment. To help
offset these costs they are pursuing a $480,000 forgivable loan (grant)through the
Department of Employment and Economic Development's (DEED)Minnesota
Investment Fund(MIF). This program requires the City to apply for the loan and
behalf of the business and act as the conduit between DEED and the business.
DEED requires the City where the qualifying business is located to hold a public
hearing before submitting an application.
Climatech is a 100% employee-owned business that manufactures plastic profile
extrusions and fabricates die-cut components of flexible materials. Climatech has
continued to grow, diversify and evolve. Three of the four existing divisions have
more than doubled in the last five years. Two new distribution divisions were also
established due to demand driven by strategic partnerships with suppliers providing
value-add products to existing customers. For the past Forty years, Climatech has
been located in Hopkins, MN. Climatech has a purchase agreement for 6950
Washington Avenue S., Eden Prairie, and will be moving 100% of its operations to
the new Eden Prairie location. The funds received through the MIF will assist
Climatech in purchasing new equipment. Climatech anticipates creating 20-30 new
jobs with the move to the new facility in Eden Prairie.
MOTION: Move to: '
• Close the public hearing; and
• Adopt resolution authorizing application to the Department of
Employment and Economic Development (DEED) for a $480,000
forgivable loan to Climatech through DEED's Minnesota Investment
Fund (MIF).
ANNOTATED AGENDA-REVISED
March 8,2016
Page 8
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
A. 2016 COMMISSIONS
Synopsis: The City Council hosted Commission interviews on Tuesday, February 23,
2016. The City received 22 applications - 7 from new applicants and 15 from
commissioners reapplying for positions. All terms will begin on April 1. A required
orientation session for new commissioners will be held on Wednesday, March 23.
MOTION: Move to:
• Appoint to the Conservation Commission Michael Bennett and
Ashley Young with terms ending March 31, 2019; and
• Appoint to the Flying Cloud Airport Advisory Commission Daniel Kiely
with a term ending March 31, 2019; and
• Appoint to the Heritage Preservation Commission Valerie Ross and
Pamela Spera with terms ending March 31, 2019; and
• Appoint to the Human Rights and Diversity Commission Sana Elassar,
Joan Howe-Pullis, Ann Martinka, Shahram Missaghi and Leslie
Philmon with terms ending March 31, 2019; and
• Appoint to the Parks, Recreation & Natural Resources Commission
Don Jacobson, Deb McBride, Matt Pellowsi and Kirk Spresser with
terms ending March 31, 2019; and Larry Link with a term ending
March 31, 2018; and
• Appoint to the Planning Commission Mark Frieberg, Ann Higgins and
Tom Poul with terms ending March 31, 2019
B. 2016 BOARD & COMMISSION CHAIRS AND VICE CHAIRS
Synopsis: Chairs and Vice Chairs are appointed annually by the City Council
following the appointment of members to City Commissions. The City Council
hosted Commission interviews on Tuesday, February 23, and determined Chair
and Vice Chair assignments for the period of April 1, 2016, through March 31,
2017.
ANNOTATED AGENDA-REVISED
March 8, 2016
Page 9
MOTION: Move to:
• Appoint Lyndon Moquist - Chair and Annette O'Connor - Vice Chair
of the Board of Appeal & Equalization; and
• Appoint Lori Tritz - Chair and Amanda Anderson - Vice Chair of the
Conservation Commission; and
• Appoint Steve Olson - Chair and Tara Kalar - Vice Chair of the
Heritage Preservation Commission; and
• Appoint PG Naryanan- Chair and Sana Elassar - Vice Chair of the
Human Rights and Diversity Commission; and
• Appoint Larry Link - Chair and Deb McBride - Vice Chair of the
Parks, Recreation and Natural Resources Commission; and
• Appoint Jon Stoltz - Chair and Andrew Pieper - Vice Chair of the
Planning Commission.
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVII. ADJOURNMENT
MOTION: Move to adjourn the City Council meeting.
ITEM NO.: VI.A.
UNAPPROVED MINUTES
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY,FEBRUARY 16, 2016 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
I. 20-40-15 RECAP AND NEXT STEPS
20-40-15 Recap
Fleet Services Supervisor Paul Schlueter and Facilities Manager Paul Sticha presented the final
results of the 20-40-15 program. The program, which was rolled out in 2005, called for the
City to improve energy efficiency in all of its facilities by 20 percent, increase fuel efficiency
of its vehicle fleet by 40 percent and accomplish these goals by the year 2015.
Schlueter said the 20-40-15 fleet services goals included increased use of renewable fuels,
reducing both impacts to the environment and operating costs. Fuel economy increased steadily
from 2005 to 2015, with the exception of a slight dip in 2014. By the end of 2015 annual fuel
economy had increased by 44.4%. The City saved an estimated 304,458 gallons of fuel at an
average cost of$2.50 per gallon, for a net savings of$761,145. Fleets' average MPG went
from 7.93 in 2005 to 11.45 in 2015.
Schlueter said these savings and improvements were achieved by:
• Reducing the fleet size by 20 vehicles
• Replacing 29 gas engine medium and light duty trucks with B20 diesel fuel compliant
engines
• Replacing six vehicles with electric hybrids
• Replacing 32 squad cars with engine cylinder deactivation/management technology
• Replacing 11 full-size 4x4 vehicles with compact utility vehicles
• Implementing a "fuel misers" award program
• Reducing engine horsepower on heavy duty plow trucks
• Making fuel efficiency a primary criteria when selecting vehicles for replacement
City Council Workshop Minutes
February 16, 2016
Page 2
Schlueter said staff will continue to work to improve fuel efficiency by right-sizing for optimal
performance, focusing on positive energy conservation behaviors and reviewing
alternative/renewable fuel options.
Sticha said the facilities' goal of achieving a 20% energy improvement in city-owned buildings
was achieved with a final increase of 21.8% at the end of 2015. This increase has resulted in
reduced energy cost savings of$267,500 annually and reduced energy consumption by 18
billion BTUs over the 10-year period.
These improvements were achieved by:
• Installing more efficient lighting, including LEDs
• Replacing older HVAC equipment
• Installing solar panels at the Community Center
• Installing additional insulation when buildings are reroofed
• Incorporating an ammonia refrigerant system at Community Center Rink 2
Moving forward, energy efficient equipment will be used when older equipment needs to be
replaced. In addition, the Den Road Liquor Store re-roofing project will include additional
insulation and new energy efficient HVAC equipment.
Council Member Case asked Schlueter about the costs involved in achieving the fuel economy
goal. Schlueter said he does not know the specific amount, but the cost of purchasing energy
efficient vehicles has come down significantly since the program began. Council Member
Nelson asked if it is feasible to convert our heavy duty trucks to electric. Schlueter said that
currently these types of vehicles are very expensive and would not be cost effective since the
City does not put on enough on each vehicle to see a payback.
Mayor Tyra-Lukens asked if the solar panels at the Community Center have been successful.
Sticha said they are producing energy, but the installation is fairly small so the savings are not
significant at this point.
Council Member Butcher Wickstrom has if the City has shared our successes with other cities.
Schlueter said that when the program was first implemented, Cliff Cracauer participated in a
consortium that included other cities and partner organizations such as GE Fleet Services.
Council Member Aho asked if there are other significant improvements on the horizon.
Schlueter said staff is looking into installing geothermal equipment at the water plant and
converting additional parks parking lots to LED lighting.
Butcher Wickstrom said Maple Grove has completed a geothermal project, and it appears to be
successful. Sticha said staff looked into incorporating geothermal into Fire Station 4 when it
was designed,but the payback period would have been 40+years. Sticha said technology and
City Council Workshop Minutes
February 16, 2016
Page 3
costs may have changed significantly since then, but geothermal still works best in new
construction. Schlueter said much of the initial cost is in drilling of wells, which is why the
technology might work well at the water plant.
Next Steps
Getschow said the City Council reviewed a list of potential next step initiatives at their 2015
goal setting workshop. Each Council Member identified their top priorities. There was not
consensus about where efforts should be directed at that time.
Getschow noted the City has participated in the Minnesota Green Step Cities program for the
past five years. The program involves 29 sustainable best practices in five categories: lighting,
buildings and land use, transportation, environmental management, and economic and
community development. Cities are awarded "steps"based on implementation of the 29
practices. Eden Prairie was one of the first communities to achieve the "Step Four"
designation. Step Five is currently being developed by the MPCA and its partner organizations.
Steps 4 & 5 involve metrics, benchmarking and reporting.
Community Development is starting its 10-year revision of the Comprehensive Guide Plan. For
the first time, the plan will include a chapter on sustainability. Great Plains Institute will assist
in creation of this portion of the plan.
Getschow said the Conservation Commission was asked to weigh in on possible next steps.
Although they did not recommend one area of focus, they ranked water and recycling/solid
waste as the top two areas for action.
Getschow said staff is recommending a concept called Sustainable Eden Prairie. Instead of a
long term program with specific goals, the emphasis would be on goals that might change
every year or two, and would include continuation of the metrics, benchmarking and reporting
the City instituted for the Green Step Cities program.
Discussion
Council Member Nelson said she would like to see a new set of 10-year goals, similar to the
20-40-15 program. She said new goals would encourage "big picture striving," and could
include some of the same areas covered by 20-40-15. She said she agrees that water and
energy conservation merit some emphasis.
Council Member Butcher Wickstrom said she likes the idea of keeping the big picture in mind.
She said how the City communicates efforts will be important. She would like residents to be
involved as much as possible. She said she likes the idea of including a sustainability chapter
in the comprehensive plan.
City Council Workshop Minutes
February 16, 2016
Page 4
Council Member Case said he sees the advantage of setting goals, but agrees that keeping the
big picture in mind is important as well.
II. OPEN PODIUM
Scheduled Speakers
A. LynMarie Berntson—Berntson spoke in favor of the pollinator-friendly resolution
that is on the City Council agenda this evening.
Unscheduled Speakers
B. Chase Fehr-Fehr said he lives on Lesley Lane in the Birch Island Woods area.
He said he approached staff about designating the area as a railroad quiet zone.
Fehr said he was told by City Engineer Rod Rue that the City is working with a
consultant on a study to determine if a quiet zone is feasible and what associated
costs would be. Fehr said he has collected signatures of more than 100 people in
his neighborhood who support implementing a quiet zone. Fehr asked where the
issue stands, and whether there is anyone who opposes a quiet zone. Public Works
Director Robert Ellis said staff has received input from the Federal Rail
Administration and T&CW Railroad that indicate they may be supportive of the
idea; however, the City would be responsible for covering the costs, which could
be between $300,000 and $500,000. Ellis said the project is not currently in the
10-year Capital Improvements Plan, but that it could be added if there is
agreement that it makes sense. Ellis noted that the City is currently looking at
adding a pedestrian crossing near Eden Prairie High School, and that would need
to be part of the discussion.
C. Patricia Hauser—Hauser said she represents an organization called Humming for
Bees. She said they are excited about the pollinator-friendly practices Resolution
the City Council will be considering during their regular meeting. She asked if the
resolution is passed, a signed copy be forwarded to Eden Prairie's local
legislators.
III. ADJOURNMENT
ITEM NO.: VI.B.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY,FEBRUARY 16, 2016 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. 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. OPEN PODIUM INVITATION
IV. PROCLAMATIONS/PRESENTATIONS
A. LIONS CLUB DONATION FOR STARING LAKE OUTDOOR CENTER
(Resolution No. 2016-30)
Lotthammer said this is a contribution of$500 from the Lions Club for additional
pre-school furnishings at the Outdoor Center.
MOTION: Case moved, seconded by Nelson, to adopt Resolution No. 2016-30
accepting the donation in the amount of$500 from the Eden Prairie Lions Club
for the purchase of preschool furnishings for the Staring Lake Outdoor Center.
Motion carried 5-0.
B. 20-40-15 RECAP
Tyra-Lukens said the Council received a recap of the successful completion of the
20-40-15 program at the workshop earlier this evening.
Paul Schlueter, Fleet Services Manager, said he and Paul Sticha were here tonight
to give an overview of the 20/40/15 program.
CITY COUNCIL MINUTES
February 16, 2016
Page 2
Schlueter acknowledged the work of Cliff Cracauer, retired Public Works
Superintendent, who he said laid the groundwork for the facilities portion of the
20-40-15 program. Schlueter gave a PowerPoint presentation of the Fleet Services
portion of the program. He said the initial goal was to achieve a 40%
improvement in the energy consumption for the fleet over the ten years of the
program. He reported that goal was exceeded with a final increase in fuel
efficiency of 44.4%. The increase in fuel efficiency meant a savings estimated at
over 304,000 gallons of fuel. Specific strategies used to attain the increase in
efficiency included reducing the size of the fleet by 20 vehicles and replacing six
vehicles with electric hybrids. He said going forward they plan to right size the
fleet for performance and fuel economy, to add additional electric hybrid vehicles,
and to continue to review alternative/renewable fuel options and resources.
Paul Sticha, Facilities Manager, gave a PowerPoint presentation on the Facilities
portion of the program. He said their goal was to have a 20% improvement in
energy efficiency for City buildings by 2015. They met and exceeded that goal
with a 21.8% improvement, in energy efficiency, which represented a reduction of
$267,500 in annual costs. He said the Facilities projects were done in five phases
and included the following: more efficient lighting with the installation of LEDs;
replacement of older HVAC equipment with more efficient systems; installation
of solar panels at the Community Center; installation of additional insulation
when City buildings were reroofed; and installation of more efficient equipment
at the Community Center during the conversion of Rink 2 to ammonia refrigerant.
They plan to continue to upgrade to more efficient energy equipment and lighting,
to reroof the Den Road liquor store and to replace aging HVAC units with more
efficient units.
Tyra-Lukens recalled the 20-40-15 goals were considered to be a stretch when we
developed the plans in 2006, and it is amazing that we actually exceeded the goals
set for the program. She said all Eden Prairie residents owe a big thank you to
those who implemented this program that resulted in saving us a lot of money.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Aho added Item XIV.A.1.
MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the agenda as
amended. Motion carried 5-0.
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 2, 2016
MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the minutes
of the Council workshop held Tuesday, February 2, 2016, as published. Motion
carried 4-0-1,with Nelson abstaining.
B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 2, 2016
CITY COUNCIL MINUTES
February 16, 2016
Page 3
MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the minutes
of the City Council meeting held Tuesday, February 2, 2016, as published. Motion
carried 5-0.
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII. CONSENT CALENDAR
A. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF
CONSULTING GROUP FOR PRELIMINARY DESIGN SERVICES FOR
THE PRESERVE BOULEVARD IMPROVEMENT PROJECT
B. APPROVE RELEASE OF AGREEMENTS REGARDING SPECIAL
ASSESSMENTS (CITY WEST)
C. ADOPT RESOLUTION NO. 2016-31 AUTHORIZING ADMINISTRATIVE
RELEASE OF SPECIAL ASSESSMENT AGREEMENTS
D. APPROVE GRANT AGREEMENT WITH METROPOLITAN COUNCIL
TO PROVIDE TASKS ASSOCIATED WITH MONITORING AND
MAINTAINING THE RILEY CREEK WATERSHED OUTLET
MONITORING PROGRAM STATION
E. AWARD CONTRACT TO ST. CROIX RECREATION FOR PHEASANT
WOODS PLAY EQUIPMENT
F. AWARD CONTRACT TO NORTHLAND RECREATION FOR HIDDEN
PONDS PLAY EQUIPMENT
G. AWARD CONTRACT FOR REMOVAL AND REPLACEMENT OF THE
ROOF AND ROOFTOP AIR HANDLING UNITS AT THE DEN ROAD
BUILDING TO CENTRAL ROOFING
H. ADOPT RESOLUTION NO. 2016-32 REQUESTING LIMITED USE
PERMIT FOR TRAIL CONSTRUCTION ON MNDOT PROPERTY
I. ADOPT RESOLUTION NO. 2016-33 DESIGNATING OFFICIAL
COMMUNITY FESTIVALS
J. ADOPT RESOLUTION NO. 2016-34 SUPPORTING THE CITY'S
PARTICIPATION IN THE OPEN TO BUSINESS PROGRAM
MOTION: Case moved, seconded by Nelson, to approve Items A-J on the Consent
Calendar. Motion carried 5-0.
Regarding Item VIII.A, Case said he has received many comments over the years
about the need for another lane on this portion of Preserve Boulevard, and this
item will make that happen.
CITY COUNCIL MINUTES
February 16, 2016
Page 4
IX. PUBLIC HEARINGS/MEETINGS
A. VACATION OF DRAINAGE & UTILITY EASEMENTS OVER LOT 1,
BLOCK 2,AUGUSTA ADDITION—KAL POINT (Resolution No. 2016-35)
Getschow noted the City Council approved the Kal Point project at a recent
meeting. This item is for the vacation of drainage and utility easements that were
dedicated as part of the previous plat. The property owners have requested the
vacation of the easements to accommodate their new building and plan to dedicate
all new easements with the new project. The release of these easements is
contingent upon the recording of the new easements.
There were no comments from the audience.
MOTION: Case moved, seconded by Butcher Wickstrom, to close the public
hearing, and to adopt Resolution No. 2016-35 vacating the public drainage and
utility easements lying over, under and across Lot 1, Block 2, Augusta Addition,
Hennepin County, Minnesota. Motion carried 5-0.
B. SHADY OAK EXPANSION by Nordick Group, Inc. Request for Planned Unit
Development Concept Review on 6.78 acres; Planned Unit Development District
Review with waivers on 6.78 acres; Zoning District Amendment within the 1-2
Zoning District on 6.78 acres and Site Plan Review on 6.78 acres. Location: 6775
Shady Oak Road. (Resolution No. 2016-36 for PUD Concept Review; Ordinance
for PUD District Review with waivers and Zoning District Amendment)
Getschow said the proposed plan is for a one-story 30,400 square feet warehouse
building addition. The existing 58,200 square foot office/warehouse structure was
constructed in 1982. The exterior materials were compliant with City Code at that
time. Sometime after construction of the existing building, the City Code was
amended to revise the exterior material requirements making the existing structure a
non-conforming use. The applicant has designed the new addition to significantly
exceed the required 75%primary exterior building materials. The proposed
addition includes the use of required exterior building materials at 95.2%to bring
the overall building closer to compliance. The existing building is proposed to be
painted to match the addition. The parking requirements will be met through
existing parking stalls and proposed proof of parking. The plan includes a bicycle
rack located in the southwest corner of the site by the office entrance. The proposed
landscaping will screen the existing loading facilities and the proposed loading
facilities from Shady Oak Road. The Planning Commission voted 6-0 to
recommend approval of the project at the January 25, 2016 meeting.
Paul Schroeder, Westwood Professionals, said his clients,Nordick and Midland
Garage Door, want to move their distribution facility from Chaska. He noted
Nordick manufactures garage doors in the Fargo area. This property is currently
leased to a tenant who will be moving out this year. Nordick wants to be in full
operation from the Shady Oak location in 2017 and is looking to expand the
CITY COUNCIL MINUTES
February 16, 2016
Page 5
building to incorporate more storage space. As part of their application, they are
asking for waivers pertaining to the exterior building materials. They plan to
include additional exterior details on the new building to partially compensate for
the nonconformance of the existing building, to paint the existing building a similar
color as the new building, and to add landscaping along the east side and more
screening to buffer the loading dock. The existing parking lot has a very steep slope
that doesn't meet code requirements. They are asking for a PUD waiver for that
parking to remain. While they understand they need to provide additional proof of
parking, they do not need any more parking than is already there.
Tyra-Lukens commented it looks like a big improvement, and she appreciated the
efforts they are making to improve the building and to enhance the landscaping.
There were no comments from the audience.
MOTION: Butcher Wickstrom moved, seconded by Case, to close the public
hearing; to adopt Resolution No. 2016-36 for Planned Unit Development Concept
Review on 6.78 acres; to approve 1st reading of the ordinance for Planned Unit
Development District review with waivers, and Zoning District amendment
within the Industrial Park(I-2) Zoning District on 6.78 acres; and to direct staff to
prepare a development agreement incorporating staff and commission
recommendations and Council conditions. Motion carried 5-0.
X. PAYMENT OF CLAIMS
MOTION: Aho moved, seconded by Case, to approve the payment of claims as submitted.
Motion was approved on a roll call vote,with Aho,Butcher Wickstrom, Case,Nelson
and Tyra-Lukens voting "aye."
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
1. Update on I-494 Corridor Commission
Aho said he has served on the I-494 Corridor Commission and chaired the
organization for some time now, and he wanted to give a PowerPoint
update on the commission. He said the Corridor Commission is made up
of five cities: Eden Prairie, Edina, Bloomington, Richfield and
Minnetonka. As part of their mission, they advocate for transit
improvements along the I-494 corridor in the southwest metro area. The
commission has a 2016 budget of$472,000, $303,000 of which comes
CITY COUNCIL MINUTES
February 16, 2016
Page 6
from the Federal government through a Congestion, Mitigation and Air
Quality(CMAQ) grant. In addition, a portion of the remainder comes
from the State of Minnesota along with local contributions from residents
of the five cities at the rate of 300 per resident per year. The local
contribution will be increased to 320 this year. He said one of the
budgeting issues is that the CMAQ requirements were changed so that the
full amount of the grant cannot be used for administrative costs. The
commission has received funds from the State to make up the difference.
Aho said the commission works as a Transit Management Organization
(TMO)to coordinate alternative methods of commuting with companies
along the I-494 corridor. The 895 companies currently participating
receive free employer resources. The commission provides individualized
commute assistance such as ride matching, transit information, and other
assistance. The commission works with many Eden Prairie companies,
including the Optum Campus, the Golden Triangle Technical Center,
Mammoth-WEBCO, Supervalu and Starkey. He reviewed a summary of
the commission's accomplishments during the past year.
The current legislative positions of the commission include promoting
funding to replace that lost as a result of the CMAQ changes and funding
for the I-494/35W interchange project, which is a large component of
transit in the southwest metro area. He invited Council Members and
others to attend a meeting with local legislators at the Bloomington City
Hall on February 26 from 7:45 a.m. to 9:15 a.m. There will be a tour of the
orange bus line after the meeting.
Tyra-Lukens thanked Council Member Aho for his years of work and
leadership on this commission. She asked if commission staff members
who help residents with commuting are also promoting the Suburb to
Suburb bus service. Aho replied they are working with Southwest Transit
to help promote that service because the commission has connections to
many of the businesses involved that Southwest Transit does not have.
2. Snowplowing—Mayor Tyra-Lukens
Tyra-Lukens said she wanted to thank the Public Works staff and the
Planning staff for the great job of plowing this year. She read an excerpt
from a letter she received from a resident complimenting the City crews
for the excellent job of keeping the streets free of snow.
B. REPORT OF CITY MANAGER
1. Resolution No. 2016-37 Endorsing "Pollinator-Safe" Policies and
Procedures
Getschow said at the last meeting of 2015 Council Members brought up the
concept of having staff research policies and procedures that would establish
CITY COUNCIL MINUTES
February 16, 2016
Page 7
our City practices as pollinator friendly. That followed an earlier discussion
regarding problems that occur with the use of neonicotinoids. Staff was able
to lay out several different areas where we, as a city, have been pollinator
friendly but also to make a statement that we do not want to use many of the
products that are not pollinator friendly. The proposed resolution endorses
pollinator safe policies and procedures and is recommended by both the
Parks &Recreation Commission and the Conservation Commission.
Getschow said the resolution will provide goals for city practices that
include:
• Emphasize biological controls over pesticides in public places, including
parks and right-of-ways
• Limit use of systemic pesticides to the extent practicable, with an
emphasis on avoiding use of pesticides in the neonicotinoid family
• Purchase and plant vegetation favorable to pollinators
• Identify actively maintained areas that could be converted back to native
habitats that include pollinator friendly plant species
• Provide spaces that could be managed to educate the public about
pollinator-friendly practices
• Encourage private developers to incorporate pollinator-safe plantings
into required landscaping.
• Maintain a list of plant species that are pollinator-friendly
• Designate a public space to research and implement organic and
regenerative practices.
Getschow said staff will look at some of the comments made by the
Conservation Commission and those received tonight during Open Podium.
Staff will be reviewing City code concerning plantings this summer. He
noted Leslie Stowing, Environmental Coordinator, drafted the resolution.
Case said he was pleased with every one of the bullet points included in the
resolution. He noted since the 1990's Mayor Tyra-Lukens, Council Member
Butcher Wickstrom and he have argued for more natural areas in the City.
He posed the question of whether we are getting close to an attitude shift
where we look at what we have to mow rather than looking at what we can
let go wild. It is important to preserve more of our prairie in Eden Prairie.
He suggested Item 6 may mean continuing to look at our code and
determining what the terms "wild"or"natural"mean. He urged staff to
move forward on Items 4 and 6.
Getschow said there will be some higher profile areas, such as at the four
fire stations, the water treatment plant, and the well houses, where we intend
to incorporate a lot of natural plantings and where we can incorporate the
educational pieces as well. He noted it takes time to move toward a more
prairie setting.
CITY COUNCIL MINUTES
February 16, 2016
Page 8
Nelson asked what items we would be getting rid of and what she might do
with her lawn. Getschow said almost every item included in the resolution
applies only to our own City operations. Private property is addressed only
with the education pieces. This is not an ordinance that regulates private use
of property.
Nelson asked if we will encourage lawn maintenance people to consider
using pollinator friendly materials. Getschow replied we will do that. Nelson
suggested we have a user friendly link on our website that provides
information on such products with a list of which materials to avoid and
which materials to use. Getschow said they plan to get out as much
information as possible to educate people. Nelson suggested we start
seeding around the well houses and other areas in the City with attractive
pollinator friendly plantings rather than just letting those areas grow wild.
Butcher Wickstrom said the resolution can have a big impact on the City
and will help the health of the bee population. She could also see the schools
getting involved in this. She encouraged the use of educational indicators to
help explain the plantings. She noted it will be exciting to work with our
open spaces and some of our partners.
MOTION: Case moved, seconded by Butcher Wickstrom, to adopt
Resolution No. 2016-37 endorsing "pollinator-safe"policies and
procedures. Motion carried 5-0.
Tyra-Lukens thanked the advocates and City commissions that took the time
to make sure this is done right.
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 8:00 PM.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 8, 2016
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
Private Kennel
Kimberly Donahue
2016 Renewal Licenses
Commercial Kennel
Wag `n Woofs, LLC
Private Kennel
Wendy Gilbertson
Jamie Stoia
- 1 -
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda March 8, 2016
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B.
Community Development/Planning Shady Oak Expansion
Janet Jeremiah/Steve Durham
Requested Action
Move to:
• Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with
waivers and Zoning District Amendment within the Industrial (I-2) Zoning District on 6.78 acres;
and
• Approve Resolution for Site Plan Review on 6.78 acres; and
• Approve the Development Agreement for Shady Oak Expansion.
Synopsis
This is final approval of the development agreement and plans for a 30,400 square foot.
warehouse addition.
The 120-Day Review Period Expires on April 27, 2016.
Attachments
• Ordinance for PUD District Review
• Summary Ordinance
• Resolution for Site Plan Review
• Development Agreement
SHADY OAK EXPANSION
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 4-2016-PUD-1-2016
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,AMENDING
CERTAIN LAND WITHIN A ZONING DISTRICT,AMENDING THE LEGAL
DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,ADOPTING BY REFERENCE
CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS,
CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance (hereinafter, the
"land") is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be amended within
the Industrial (I-2) Zoning District 4-2016-PUD-1-2015 (hereinafter "PUD-1-2016-I-2).
Section 3. The City Council hereby makes the following findings:
A. PUD-1-2016-I-2 is not in conflict with the goals of the Comprehensive Guide
Plan of the City.
B. PUD-1-2016-I-2 is designed in such a manner to form a desirable and unified
environment within its own boundaries.
C. The exceptions to the standard requirements of Chapters 11 and 12 of the City
Code that are contained in PUD-1-2016-I-2 are justified by the design of the development
described therein.
D. PUD-1-2016-I-2 is of sufficient size, composition, and arrangement that its
construction, marketing, and operation is feasible as a complete unit without dependence
upon any subsequent unit.
Section 4. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of March 8, 2016, entered into between The Nordick Group,
Inc., and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development
Agreement contains the terms and conditions of PUD-1-2016-I-2, and are hereby made a part
hereof.
Section 5. The proposal is hereby adopted and the land shall be, and hereby is
amended within the Industrial (I-2) District and shall be included hereafter in the Planned Unit
Development 1-2016-I-2, and the legal descriptions of land in each district referred to in City
Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly.
Section 6. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled
"Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated
verbatim herein.
Section 7. This Ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
16th day of February, 2016, 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 8th day of
March, 2016.
ATTEST:
Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on , 2016.
EXHIBIT A
PUD Concept- Shady Oak Expansion
Legal Description:
Parcel 1
Lot 1, Block 1, Shady Oak Industrial Park Fourth Addition.
Hennepin County, Minnesota
Abstract Property
Parcel 2
A non-exclusive easement for driveway purposes over the west 15 feet of Lot 2, Block One,
Shady Oak Industrial Park Fourth Addition, as set forth in Warranty Deed dated November 2,
1979, filed November 5, 1979, as Document No. 4518500, and in Warranty Deed dated
November 2, 1979, filed November 5, 1979, as Document No. 4518501.
SHADY OAK EXPANSION
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF
ORDINANCE NO. 4-2016-PUD-1-2016
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,AMENDING THE
ZONING OF CERTAIN LAND WITHIN ONE DISTRICT,AND ADOPTING BY
REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG
OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary: This ordinance allows amendment of the zoning of land located at 6775
Shady Oak Expansion within the Industrial (I-2) Zoning District. Exhibit A, included with this
Ordinance, gives the full legal description of this property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on , 2016.
(A full copy of the text of this Ordinance is available from City Clerk.)
EXHIBIT A
PUD Concept- Shady Oak Expansion
Legal Description:
Parcel 1
Lot 1, Block 1, Shady Oak Industrial Park Fourth Addition.
Hennepin County, Minnesota
Abstract Property
Parcel 2
A non-exclusive easement for driveway purposes over the west 15 feet of Lot 2, Block One,
Shady Oak Industrial Park Fourth Addition, as set forth in Warranty Deed dated November 2,
1979, filed November 5, 1979, as Document No. 4518500, and in Warranty Deed dated
November 2, 1979, filed November 5, 1979, as Document No. 4518501.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2016-
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR SHADY OAK EXPANSION
BY THE NORDICK GROUP,INC.
WHEREAS, The Nordick Group, Inc., has applied for Site Plan approval of Shady Oak
Expansion to construct a 30,400 square feet building addition and site improvements,by an
Ordinance approved by the City Council on March 8, 2016; and
WHEREAS, the Planning Commission reviewed said application at a public hearing at
its January 25, 2016 meeting and recommended approval of said site plans; and
WHEREAS, the City Council has reviewed said application at a public hearing at its
February 16, 2016 meeting.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF EDEN PRAIRIE,that site plan approval is granted to The Nordick Group,
Inc. based on the Development Agreement between The Nordick Group, Inc. and the City of
Eden Prairie, reviewed and approved by the City Council on March 8, 2016.
ADOPTED by the City Council of the City of Eden Prairie this 8th day of March, 2016.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
AMENDED DEVELOPMENT AGREEMENT
Project Name: Shady Oak Expansion
THIS AMENDED DEVELOPMENT AGREEMENT("Agreement")is entered into as of
,2016,by The Nordick Group,Inc.,a North Dakota corporation hereinafter referred to
as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal
corporation, hereinafter referred to as "City":
WITNESSETH:
WHEREAS,Developer has applied to City for Planned Unit Development Concept Review
on 6.78 acres, Planned Unit Development District Review with waivers on 6.78 acres, Zoning
District Amendment within the Industrial Park(I-2) Zoning District on 6.78 Acres, and Site Plan
Review on 6.78 acres, legally described on Exhibit A (the "Property");
WHEREAS,Richard W.Anderson,Inc. and the City entered into that certain Development
Agreement between the parties dated as of September 27, 1979,pertaining to the property platted as
Lots 1 and 2,Shady Oak Industrial Park 4th Addition,("Original Development Agreement")attached
hereto as Exhibit F .
WHEREAS, the parties desire to amend the Original Development Agreement for that
portion of the Property legally described on Exhibit A hereto and made a part hereof and which area
is hereinafter referred to as the "Property";
NOW,THEREFORE,in consideration of the City Resolution No. for Planned
Unit Development Concept Review, Ordinance No. for Planned Unit Development
District Review and Zoning District Amendment within the Industrial Park(I-2)Zoning District on
6.78 Acres, Resolution No. for Site Plan Review, 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 11,2016,reviewed and approved by the City Council on February
16,2016, (hereinafter the "Plans")and identified on Exhibit B, subject to such changes and
modifications as provided herein.
2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set
forth in Exhibit C.
3. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a
violation of City Code relating to use of the Land construction thereon or failure to fulfill an
obligation imposed upon the Developer pursuant to this Agreement,City shall give 24 hour
notice of such violation in order to allow a cure of such violation,provided however, City
need not issue a building or occupancy permit for construction or occupancy on the Land
while such a violation is continuing, unless waived by City.
The existence of a violation of City Code or the failure to perform or fulfill an obligation
required by this Agreement shall be determined solely and conclusively by the City Manager
of the City or a designee.
4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall
release,defend and indemnify City,its elected and appointed officials,employees and agents
from and against any and all claims, demands, lawsuits, complaints, loss, costs (including
attorneys' fees), damages and injunctions relating to any acts, failures to act, errors,
omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers
and agents. Developer shall not be released from its responsibilities to release, defend and
indemnify because of any inspection, review or approval by City.
5. EXTERIOR MATERIALS: Prior to building permit issuance,Developer shall submit to
the City Planner,and receive the City Planner's written approval of a plan depicting exterior
materials and colors to be used on the buildings on the Property.
Prior to issuance of any occupancy permit for the Property, Developer shall complete
implementation of the approved exterior materials and colors plan in accordance with the
terms and conditions of Exhibit C, attached hereto.
6. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION
PLANS:
A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading
and drainage plan contained in the Plans is conceptual. Prior to the release of a land
alteration permit for the Property, Developer shall submit and obtain the City
Engineer's written approval of a final grading and drainage plan for the Property.
The final grading and drainage plan shall include all wetland information,including
wetland boundaries, wetland buffer strips and wetland buffer monument locations;
Shady Oak Expansion Development Agreement
2
all Stormwater Facilities,such as water quality ponding areas,stormwater detention
areas, and stormwater infiltration systems; and any other items required by the
application for and release of a land alteration permit. All design calculations for
storm water quality and quantity together with a drainage area map shall be
submitted with the final grading and drainage plan. Prior to release of the grading
bond, Developer shall certify to the City that the Stormwater Facilities conform to
the final grading plan and that the Stormwater Facilities are functioning in
accordance with the approved plans.
Developer shall employ the design professional who prepared the final grading plan.
The design professional shall monitor construction for conformance to the approved
final grading plan and Stormwater Pollution Prevention Plan(SWPPP). The design
professional shall provide a final report to the City certifying completion of the
grading in conformance the approved final grading plan and SWPPP. In addition,
the design professional retained by the Developer to perform the monitoring of the
Project shall be responsible for all monitoring, data entry and reporting to the
PermiTrack ESC web-based erosion and sediment permit tracking program utilized
by the City.
B. STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities,
including detention basins,retention basins,"Stormwater Infiltration"or"Filtration
Systems"(such as rainwater gardens,vegetated swales,infiltration basins,vegetated
filters, filter strips, curbless parking lot islands, parking lot islands with curb-cuts,
traffic islands, tree box filters, bioretention systems or infiltration trenches) or
"Underground Systems" (such as media filters, underground sand filters,
underground vaults,sedimentation chambers,underground infiltration systems,pre-
manufactured pipes, modular structures or hydrodynamic separators) shall be
maintained by the Developer during construction and for a minimum of two(2)full
growing seasons after completion of the development to ensure that soil compaction,
erosion, clogging, vegetation loss, channelization of flow or accumulation of
sediment are not occurring,and thereafter by the Owner of the Property.Planting and
Maintenance Plans for the Stormwater Facilities (where appropriate)to ensure that
the Stormwater Facilities continue to function as designed in perpetuity must be
submitted prior to release of the first building permit for the Development
Developer shall employ the design professional who prepared the final grading plan
to monitor construction of the Stormwater Facilities for conformance to the
Minnesota Pollution Control Agency publication entitled"State of Minnesota Storm
Water Manual" dated November 2005, the approved final grading plan and the
requirements listed herein. All inspections of underground systems shall be
performed by personnel that have approved OSHA confined space training.
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3
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 prior 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 management
practices to assure the infiltration system will be functional; (ii), erosion control
measures; (iii) infiltration capacity; (iv) performance specifications that the
completed infiltration system must meet to be considered functional by City and(v)
corrective actions that will be taken if the infiltration system does not meet the
performance specification.
All Stormwater Infiltration Systems must be inspected prior to final grading to
ensure that the area is infiltrating as proposed and to determine 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 of the field verification
test. The work required to bring the Stormwater 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 Systems that are constructed under a building shall be
designed for maintenance access and installed in conformance with the standards
outlined in The Minnesota Stormwater Manual(November 2005) and/or the Plans.
The System shall be kept off-line until construction is complete. Field verification of
post-construction infiltration rates must be provided to the City within 30 days after
the first rainfall event of one-half inch or greater following the Storm Water
Infiltration Systems becoming operational. If the infiltration rates are reduced by
construction,a plan to restore adequate infiltration must be provided within 90-days
of the field test
C. STORMWATER FACILITY 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
Shady Oak Expansion Development Agreement
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prior to issuance of the Land Alteration Permit. The Stormwater Maintenance Plan
must identify and protect the design, capacity and functionality of all Stormwater
Facilities. The Maintenance Plan must contain at a minimum: 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 of reduced infiltration for Stormwater Infiltration Systems;and
plans for replacement of failed systems,all pursuant to and in accordance with Eden
Prairie City Code Section 11.55, Subd. 8.
During construction and for two years following completion of construction, all
Stormwater Facilities shall be inspected at a minimum of once annually to determine
if the Stormwater Facility(s) is treating stormwater as designed and should occur
within 72-hours after a rainfall event of one-inch or greater to verify infiltration. All
Stormwater Facilities shall be kept free of debris,litter,invasive plants and sediment.
Erosion impairing the function or integrity of the Stormwater Facilities,if any,must
be corrected and any structural damage impairing or threatening to impair 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 volume by 25 percent of its original design volume.
• A Stormwater Infiltration System shall be considered inadequate if sediment
has accumulated that impairs or has the potential to impair 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 volume.
Based on this inspection,if a Stormwater Facility requires cleanout,the Stormwater
Facility shall be restored to its original design and/or the infiltration capacity of the
underlying soils must be restored and any surface disturbance must be stabilized
within one year of the inspection date.
Sediment, debris, litter or vegetation removal in Stormwater Infiltration Systems
shall be by hand or with a flat-bottomed shovel or rake during dry periods. Only
enough sediment shall be removed as needed to restore hydraulic capacity,leaving as
much of the vegetation in place as possible. Any damaged turf or vegetation shall be
reseeded or replaced.
Shady Oak Expansion Development Agreement
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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 of private 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 Systems 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 permit,Developer shall submit to the City Engineer and
obtain City Engineer's written approval of Stormwater Pollution Prevention Plan
(SWPPP) for the Property. The SWPPP shall include all boundary erosion control
features, temporary stockpile locations, turf restoration procedures, concrete truck
washout areas and any other best management practices to be utilized within the
Project. Prior to release of the grading bond, Developer shall complete
implementation of the approved SWPPP.
7. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City
Planner's written approval of a plan for irrigation of the landscaped areas on the Property.
The irrigation plan shall be designed so that water is not directed on or over public trails and
sidewalks.
Developer shall complete implementation of the approved irrigation plan in accordance with
the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the
Property.
8. LANDSCAPE PLAN: Prior to grading permit issuance,the Developer shall submit to the
City Planner and receive the City Planner's written approval of a final landscape plan for the
Property depicting a total of 190 caliper inches. The approved landscape plan shall be
consistent with the quantity,type,and size of plant materials shown on the landscape plan on
the Plans. Prior to the issuance of any grading permit for the property the Developer shall
furnish to the City Planner and receive the City Planner's written approval of a security in the
form of a bond, cash escrow, or letter of credit, equal to 150% of the combined cost of the
landscape improvements(paragraph 8 hereof) and the tree replacement costs(paragraph 17
hereof), as required by City Code.
Prior to issuance of any occupancy permit for the Property, Developer shall complete
implementation of the approved landscape plan in accordance with the terms and conditions
Shady Oak Expansion Development Agreement
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of Exhibit C.
9. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City
Planner, and receive the City Planner's written approval of a plan for screening of
mechanical equipment on the Property. For purposes of this paragraph, "mechanical
equipment" includes gas meters, electrical conduit, water meters, and standard heating,
ventilating,and air-conditioning units. Security to guarantee construction of said screening
shall be included with that provided for landscaping on the Property,in accordance with City
Code requirements. Developer shall complete implementation of the approved plan prior to
issuance of any occupancy permit for the Property.
If,after completion of construction of the mechanical equipment screening,it is determined
by the City Planner,in his or her sole discretion,that the constructed screening does not meet
the Code requirements to screen mechanical equipment from public streets and differing,
adjacent land uses, then the City Planner shall notify Developer and Developer shall take
corrective action to reconstruct the mechanical equipment screening in order to cure the
deficiencies identified by the City Planner. Developer agrees that the City will not release
the security provided until Developer completes all such corrective measures.
10. PROOF OF PARKING SPACES: Developer and City acknowledge that the 38 proof of
parking spaces proposed for the Property,depicted in the Plans,are designated for use by the
property owner and that said spaces are not required to be constructed at this time.
At such time as the City Manager,in his or her sole discretion,determines that it is necessary
for all or a portion of the proof of parking spaces to be constructed in order to accommodate
the property owner's use,the City Manager shall notify the Developer in writing of the need
to construct additional proof of parking spaces. The parking stalls shall be constructed to
City Standards, except as specified in this agreement, paragraph 14. Entitled "PUD
WAIVERS GRANTED."This notification shall include the number,location and timetable
for construction of the additional proof-of-parking spaces. Developer shall comply with all
requirements contained in the City Manager's notification.
11. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code
requirements within the Industrial (I-2) Zoning District through the Planned Unit
Development District Review for the Property and incorporates said waivers as part of PUD
(list PUD number):
1. Exterior building material for the existing 58,200 square foot building maintain metal
panel construction at:
a. 90.8% Stucco, metal,plastic
b. 9.2% Brick, Block, Precast, Glass
Shady Oak Expansion Development Agreement
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2. Waiver for existing and proposed parking:
a. Permit existing Parking lot stalls of 17' x 9'
b. Permit drive isle width for existing and proof of parking at 20'
12. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City
Code, Section 11.70, Developer shall file with the City Planner and receive the City
Planner's written approval of an application for a sign permit. The application shall include a
complete description of the sign and a sketch showing the size, location, the manner of
construction, and other such information as necessary to inform the City of the kind, size,
material construction,and location of any such sign,consistent with the sign plan shown on
the Plans and in accordance with the requirements of City Code, Section 11.70, Subdivision
5a.
13. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City
Planner and receive the City Planner's written approval of a plan for site lighting on the
Property. All pole lighting shall consist of downcast shoebox fixtures not to exceed 20 feet
in height. Developer shall complete implementation of the approved lighting plan prior to
issuance of any occupancy permit for the Property.
14. TRAIL EASEMENT: Prior to building permit issuance, Developer shall convey a 10'
easement along the south property line adjacent to Shady Oak Road for trail and utility
purposes attached as Exhibit D as generally depicted on Exhibit B. After approval by the
City,Developer shall file the Trail Easement with the Hennepin County Recorder/Registrar
of Title.
Prior to the issuance of a building permit for the Property,Developer shall submit to the City
Engineer proof that the Trail Easement has been recorded in the Hennepin County Recorder's
Office/Registrar of Titles' Office.
15. TRASH: Developer agrees that all trash, trash receptacles and recycling bins shall at all
times be located inside of the building enclosures depicted on the Plans.
16. TRAVEL DEMAND MANAGEMENT PLAN:
Prior to issuance of the building permit for the Property, Developer shall submit to the
Traffic Engineer and receive the Traffic Engineer's approval of a Travel Demand
Management(TDM)Plan. The Developer shall implement the TDM Plan at the site to help
reduce traffic congestion.
Prior to issuance of the building permit for the Property, Developer shall furnish to the
Traffic Engineer and receive the Traffic Engineer's approval of a TDM performance bond,
cash escrow, letter of credit with a corporation approved by the City Manager or other
Shady Oak Expansion Development Agreement
8
guarantee acceptable to the City Manager(hereinafter referred to as the"Security")equal to
100% of the cost $5,000.00 of implementing the first two (2) years of the TDM Plan. The
Developer shall initiate implementation of the TDM Plan,including active marketing to its
employees and all building tenants and their employees 3 months after a certificate of
occupancy has been issued.
The Security will be reduced to the Developer on a "draw-down" basis, in the following
manner:
A. The City will consider reduction or release of the Security at the following times:
- Upon completion of items associated with plan start up.
- After 1 calendar year of TDM plan implementation
- After 2 calendar years of TDM plan implementation and completion of the plan
evaluation.
B. To request a reduction or release of the Security the Developer shall submit to the Traffic
Engineer a letter requesting a reduction and a summary of the TDM activities completed
to date. A summary of the required information can be obtained for the Traffic Engineer
upon request.
C. The City shall have 30 business days to review requests for reduction or release of the
Security and provide indication of approval or objection to any part of the request.
If the Developer fails to implement the TDM plan in accordance with its terms,the City may
draw upon the Security in whole or in part to pay the cost of implementation.
17. TREE LOSS - TREE REPLACEMENT: There are 271 diameter inches of significant
trees on the Property. Tree loss related to development on the Property is calculated at 33
diameter inches. Tree replacement required are 5 caliper inches.Prior to the issuance of any
grading permit for the Property,Developer shall submit to the City Forester and receive the
City Forester's written approval of a tree replacement plan for 6 caliper inches.
This approved plan shall include replacement trees of a 3-inch diameter minimum size for a
shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also
provide that, should actual tree loss exceed that calculated herein,Developer shall provide
tree replacement on a caliper inch per caliper inch basis for such excess loss.
Prior to the issuance of any grading permit for the property the Developer shall furnish to the
City Planner and receive the City Planner's written approval of a security in the form of a
bond, cash escrow, or letter of credit, equal to 150%of the combined cost of the landscape
improvements(paragraph 8 hereof) and the tree replacement costs(paragraph 17 hereof), as
required by City Code.
Shady Oak Expansion Development Agreement
9
Developer shall complete implementation of the approved tree replacement plan prior to
occupancy permit issuance.
18. REAFFIRMING CONDITIONS OF DEVELOPER'S AGREEMENT: Except as
provided for in this paragraph Developer agrees to all of the terms, conditions and
obligations of"Developer" under the Original Developer's Agreement except as
inconsistent with or amended by this Agreement. For purposes of this Agreement,
Paragraphs 2 and Exhibit C of the Original Developer's Agreement are hereby replaced
in their entirety by the terms of this Agreement.
Shady Oak Expansion Development Agreement
10
IN WITNESS WHEREOF,the parties to this Agreement 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 ,2016,
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
Shady Oak Expansion Development Agreement
11
The Nordick Group, Inc.
By
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of , 2016,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
Shady Oak Expansion Development Agreement
12
EXHIBIT A
Legal Description:
Parcel 1
Lot 1, Block 1, Shady Oak Industrial Park Fourth Addition.
Hennepin County, Minnesota
Abstract Property
Parcel 2
A non-exclusive easement for driveway purposes over the west 15 feet of Lot 2,Block 1,Shady Oak
Industrial Park Fourth Addition, as set forth in Warranty Deed dated November 2, 1979, filed
November 5, 1979, as Document No. 4518500
Shady Oak Expansion Development Agreement
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EXHIBIT B
1. ALTA/ACSM Land Title Survey dated 06-17-15 Sheet 1 of 1 by Westwood Professional
Services, Inc.
2. Cover Sheet with revision date 01-11-16 Sheet 1 of 11, by Westwood Professional
Services, Inc.
3. Existing Conditions—Removals Plan with revision date 01-11-16 Sheet 2 of 11,
Westwood Professional Services, Inc.
4. Tree Preservation and Inventory Plan with revision date 01-11-16 Sheet 3 of 11, by
Westwood Professional Services, Inc.
5. Site Plan with revision date 01-11-16 Sheet 4 of 11,by Westwood Professional Services,
Inc.
6. Overall—Grading Erosion Control and Utility Plan with revision date 01-11-16 Sheet 5
of 11, by Westwood Professional Services, Inc.
7. Phase 1 —Grading Erosion Control, and Utility Plan with revision date 01-11-16 Sheet 6
of 11, by Westwood Professional Services, Inc.
8. Details Plan with revision date 01-11-16 Sheet 7 of 11, by Westwood Professional
Services, Inc.
9. Details Plan with revision date 01-11-16 Sheet 8 of 11, by Westwood Professional
Services, Inc.
10. Landscape—Tree Replacement Plan with revision date 01-11-16 Sheet 9 of 11, by
Westwood Professional Services, Inc.
11. Landscape Plan Enlargement with revision date 01-11-16 Sheet 10 of 11, by Westwood
Professional Services, Inc.
12. Light Plan with revision date 01-11-16 Sheet 11 of 11, by Westwood Professional
Services, Inc.
13. Site Plan Code analysis & Life Safety Plan dated 01-11-16 by HA Architecture, Harris
Associates, LLC
14. Floor Plan A1-0 dated 01-11-16,by HA Architecture, Harris Associates, LLC
15. Floor Plan A2-0 dated 01-11-16,by HA Architecture, Harris Associates, LLC
16. Exterior Elevations dated 01-11-16, Floor Plan A1-0 dated 01-11-16,by HA
Architecture, Harris Associates, LLC
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EXHIBIT C
AMENDED DEVELOPMENT AGREEMENT — Shady Oak
Expansion
I. Prior to release of any building permit, Developer shall submit to the City Engineer for
approval two copies of a development plan(1" =100'scale)showing existing and proposed
contours,proposed streets,and lot arrangements and size,minimum floor elevations on each
lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100-
year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing
direction of storm water flow on all lots,location of walks,trails,and any property deeded to
the City.
II. Developer shall submit detailed construction and storm sewer plans to the Watershed District
for review and approval. Developer shall follow all rules and recommendations of said
Watershed District.
III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as
of the date of the issuance of each building permit for construction on the Property.
IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24)
months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose
the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide
Plan review approved in connection with this Agreement, thus restoring the status of the
Property before the Amended Development Agreement and all approvals listed above were
approved.
V. Provisions of this Agreement shall be binding upon and enforceable against the Property and
the Owners, their successors and assigns of the Property.
VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the
City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to
identify the legal description of the Property after platting thereof.
VII. Developer represents that it has marketable fee title to the Property, except:
INSERT ANY NAME/COMPANY LISTED IN ANY OWNER'S SUPPLEMENT
TO THE DEVELOPER'S AGREEMENT)
With respect to any interest in all portions of the Property which Developer is required,
pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"),
Shady Oak Expansion Development Agreement
15
Developer represents and warrants as follows now and at the time of dedication or
conveyance:
A. That Developer has marketable fee title free and clear of all mortgages, liens, and
other encumbrances. Prior to final plat approval,Developer shall provide to the City
a current title insurance policy insuring such a condition of title.
B. That Developer has not used, employed, deposited, stored, disposed of, placed or
otherwise allowed to come in or on the Dedicated Property,any hazardous substance,
hazardous waste, pollutant, or contaminant, including, but not limited to, those
defined in or pursuant to 42 U.S.C. § 9601,et. seq.,or Minn. Stat., Sec. 115B.01,et.
seq. (such substances, wastes,pollutants, and contaminants hereafter referred to as
"Hazardous Substances");
C. That Developer has not allowed any other person to use, employ, deposit, store,
dispose of,place or otherwise have,in or on the Property,any Hazardous Substances.
D. That no previous owner, operator or possessor of the Property deposited, stored,
disposed of, placed or otherwise allowed in or on the Property any hazardous
substances.
Developer agrees to indemnify, defend and hold harmless City, its successors and assigns,
against any and all loss,costs,damage and expense,including reasonable attorneys fees and
costs that the City incurs because of the breach of any of the above representations or
warranties and/or resulting from or due to the release or threatened release of Hazardous
Substances which were, or are claimed or alleged to have been,used, employed, deposited,
stored, disposed of, placed, or otherwise located or allowed to be located, in or on the
Dedicated Property by Developer, its employees, agents, contractors or representatives.
VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11,
Zoning,and Chapter 12,Subdivision Regulations,of the City Code and other applicable City
ordinances affecting the development of the Property. Developer agrees to develop the
Property in accordance with the requirements of all applicable City Code requirements and
City Ordinances.
IX. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years'
street lighting on the public streets adjacent to the Property(including installation costs, if
any, as determined by electrical power provider), engineering review, and street signs.
X. Developer shall submit detailed water main, fire protection, and emergency vehicle access
plans to the Fire Marshal for review and approval. Developer shall follow all the
recommendations of the Fire Marshal.
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16
XI. Developer acknowledges that the rights of City performance of obligations of Developer
contemplated in this agreement are special, unique, and of an extraordinary character, and
that, in the event that Developer violates, or fails, or refuses to perform any covenant,
condition, or provision made herein, City may be without an adequate remedy at law.
Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform
any covenant, condition, or provision made herein, City may, at its option, institute and
prosecute an action to specifically enforce such covenant, withhold building permits or
rescind or revoke any approvals granted by the City. No remedy conferred in this agreement
is intended to be exclusive and each shall be cumulative and shall be in addition to every
other remedy. The election of anyone or more remedies shall not constitute a waiver of any
other remedy.
XII. Developer shall,prior to the commencement of any improvements,provide written notice to
Comcast of the development contemplated by this Amended Development Agreement.
Notice shall be sent to Comcast Cable, 9705 Data Park, Minnetonka, Minnesota 55343.
XIII. Prior to building permit issuance,all fees associated with the building permit shall be paid to
the Inspections Department,including;Building permit fee,plan check fee, State surcharge,
metro system access charge (SAC), City SAC and City water access charge (WAC), and
park dedication. Contact Metropolitan Waste Control to determine the number of SAC units.
XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans,
existing structures, wells and septic systems (if present) shall be properly abandoned or
removed as required by City ordinance and all permits obtained through the Inspections
Department.
XV. Prior to building permit issuance,provide two copies of an approved survey or site plan(1"
= 200 scale) showing proposed building location and all proposed streets, with approved
street names, lot arrangements and property lines.
XVI. The City shall not issue any building permit for the construction of any building, structure,
or improvement on the Property until all requirements listed in this Exhibit C have been
satisfactorily addressed by Developer.
XVII. No failure of the City to comply with any term, condition, covenant or agreement herein
shall subject the City to liability for any claim for damages, costs or other financial or
pecuniary charges.No execution on any claim,demand,cause of action or judgment shall be
levied upon or collected from the general credit, general fund or taxing powers of the City.
XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently
demarcate the location of the boundary of the conservation easement on each lot property
line or corner with permanent four-foot tall posts. A 2 1/2 by 6 inch sign or decal reading
"Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top
Shady Oak Expansion Development Agreement
17
of the post.
XIX. Within 10 days of the approval of the Amended Development Agreement, the Developer
shall record the Amended Development Agreement at the County Recorder and / or
Registrar of Titles. The final plat shall not be released until proof of filing of the Amended
Development Agreement is submitted to the City.
XX. The City is hereby granted the option, but not the obligation, to complete or cause
completion in whole or part of all of the Developer's obligations under this Agreement for
which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the
"Security")is required if the Developer defaults with respect to any term or condition in this
Agreement for which Security is required and fails to cure such default(s) within ten (10)
days after receipt of written notice thereof from the City;provided however if the nature of
the cure is such that it is not possible to complete the cure within ten(10) days, it shall be
sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer
acknowledges that the City does not assume any obligations or duties of the Developer with
respect to any such contract agreements unless the City shall agree in writing to do so.
The City may draw down on or make a claim against the Security,as appropriate,upon five
(5)business days notice to the Developer,for any violation of the terms of this Agreement or
if the Security is allowed to lapse prior to the end of the required term. If the obligations for
which Security is required are not completed at least thirty(30)days prior to the expiration
of the Security and if the Security has not then been renewed,replaced or otherwise extended
beyond the expiration date, the City may also draw down or make a claim against the
Security as appropriate. If the Security is drawn down on or a claim is made against the
Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all
costs and expenses, including attorneys' fee, incurred by the City in enforcing this
Agreement.
XXI. The Developer hereby grants the City, it's agents, employees, officers and contractors a
license to enter the Property to perform all work and inspections deemed appropriate by the
City in conjunction with this Agreement.
XXII. This Agreement is a contract agreement between the City and the Developer. No provision
of this Agreement inures to the benefit of any third person,including the public at large, so
as to constitute any such person as a third-party beneficiary of the Agreement or of any one
or more of the terms hereof,or otherwise give rise to any cause of action for any person not a
party hereto.
XXIII. Except as specifically authorized by the Director of Public Works,no permit shall be issued
for the Property until the Developer has recorded the final plat with Hennepin County
Recorder's Office/Registrar of Titles' Office.
Shady Oak Expansion Development Agreement
18
Shady Oak Expansion Development Agreement
19
EXHIBIT H
AMENDED DEVELOPMENT AGREEMENT — Shady Oak
Expansion
TRAIL EASEMENT
Project name: Shady Oak Expansion
("Grantor")hereby grants and conveys this day of
2016, to City of Eden Prairie ("Grantee") an easement ("Easement") for the following uses and
purposes and subject to the following terms and conditions on, over, under, and across under real
property in the County of Hennepin,State of Minnesota,described in Exhibit A attached and made a
part hereof ("Easement Parcel")
1. Uses and Purposes. The Easement shall be for the following purposes and uses of
the Easement parcel:
A. To construct, maintain and replace a trail;
B. For travel by the public, on foot, and in or on non-motorized vehicles,
including but not limited to, bicycles, skis, strollers, and skates;
C. For travel by the public in or on motorized vehicles authorized by Grantee;
D. To remove, cut and trim trees, shrubs and vegetation.
2. Nonexclusive. The Easement shall be nonexclusive, provided however, the
Easement shall be paramount and superior to any other easement. Any other
easement shall be subject and subordinate to, and shall not interfere with, the
Easement without the consent, in writing, of Grantee.
3. Duration of Easement. The Easement shall be perpetual, shall run with the land
and shall be binding upon Grantor and Grantor's heirs, successors and assigns and
shall be for the benefit of Grantee, its successors and assigns.
4. Grantor covenants that Grantor is the record Fee Owner of the Easement Parcel,
holds the legal and equitable title thereto, free and clear of all mortgages, liens
and encumbrances, except the
Shady Oak Expansion Development Agreement
20
holder(s) of which has/have agreed in writing to the Easement pursuant to the
attached consent(s) and has lawful right and authority without restriction to grant
and convey the Easement.
Shady Oak Expansion Development Agreement
21
IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be
executed as of the day and year aforesaid.
GRANTOR CITY OF EDEN PRAIRIE
NOT TO BE SIGNED By NOT TO BE SIGNED _
Nancy Tyra-Lukens
Its Mayor
NOT TO BE SIGNED By NOT TO BE SIGNED _
Rick Getschow
Its City Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ,2016,
by Nancy Tyra-Lukens and Rick Getschow, respectively the Mayor and the City Manager of the
City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation.
Notary Public
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ,2016,
by , the , a Minnesota , on behalf
of the corporation.
Notary Public
Shady Oak Expansion Development Agreement
22
Notary Public
Shady Oak Expansion Development Agreement
23
EXHIBIT F
AMENDED DEVELOPMENT AGREEMENT — Shady Oak
Expansion
ORIGINAL DEVELOPER'S AGREEMENT
[ATTACH ORIGINAL DEVELOPER'S AGREEMENT]
Shady Oak Expansion Development Agreement
24
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Shady Oak Expansion Development Agreement
25
Ai426/79
Wady Oak Ind.Pk 4th Add
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into as of-5r 4 lrr2j 1979 by and
between Richard W. Anderson, Inc. , a Minnesota corporation, hereinafter referred
to as "Owner", and by the CITY OF EDEN PRAIRIE, a municipal corporation, herein-
after referred to as "City".
WITNESSETH:
WHEREAS, Owner has applied to City to change the zoning from I-5 Park to
I-2 Park for approximately 14.5 acres, situated in Hennepin County, State of
Minnesota, more fully described in Exhibit A, attached hereto and made a part
hereof and hereafter referred to as "the property" and
WHEREAS, Owner desires to plat and develop the property into two lots
for industrial uses.
NOW THEREFORE, in consideration of the Mayor and Council of the City adopting
Ordinance No. 79-33, Owner covenants and agrees to construction upon, development,
and maintenance of said property as follows:
1 Owner shall plat and develop the property in conformance
with the material dated July 27, 1979 reviewed and approved
by the City Council on September 18, 1979, and attached
hereto as Exhibit B, subject to such changes and modifica-
tions as provided herein.
1
2. Owner covenants and agrees to the performance and observance
by Owner at such times and in such manner as provided therein
- of all of the terms, covenants, agreements, and conditions set
forth in Exhibit C attached hereto and made a part hereof.
3. Owner shall plat the property to allow setbacks required by City
Ordinances and not apply for any variances therefrom.
4. Owner agrees that occupancy of any building constructed on Lots
1 and 2 , Exhibit B, shall not be allowed until Shady Oak Road
from 69th Street to Flying Cloud Drive is completed with surface
suitable for driving and until sanitary sewer and water service
is in place and connected to the structures on said lots.
I •
Developer's Agreement- page 2
Shady Oak 4th Addition `
•
IN WITNESS WHEREOF, the parties to this Agreement have caused
•
these presents to be executed as of the day and year aforesaid.
CITY OF EDEN PRAIRIE, a municipal
corporation of e State of Minnesota
• BY:
olfga H Penzel , Its Mayor
•
•
BY �
Rog K. UlstaManager
STATE OF MINNESOTA)
)SS.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this day of QE,
1979 by Wolfgang H. Penzel , the Mayor and Roger K. Ulstad, the City Manager of
the City of Eden .Prairie, a municipal corporation on behalf of the corporation.
•
• Public
N ar Y ,/
•
OWNS �llr. 7 �l—
BY: .
Y
• Richard W. Anderson, President
The foregoing instrument was ac owl'ed ed before me thisL l day of SQ_' I� °,
1979 by Richard W. Anderson the of Richard W. Anderson, nc. ,
on behalf of the corporation. •
�" '‘° REBECCA QUERNEMOEK &t,tt,e,,e,Ct e&-PalZ.,1KeAl045e4"---'
1I NOTARY PUBLIC-MINK OTa Notary Public
HENNEPIN COUNTY
My Commission Expires Dec.10,1982
• S
That part of the South 1/2 of the Norewest 1/4 of the Southeast
1/4 and the Southwest 1/4 of the Southeast 1/5, all in Section 1 ,
Township 116, Range 22, Hennepin County, Minnesota, Described as
follows:
Beginning at the northeast corner of said South 1/2 of the
• Northwest 1/4 of the Southeast 1/4; thence westerly along
the north line of said South 1/2 of the Northwest 1/4 of
the Southeast 1/4 to a point 190.00 feet easterly fromcthe
northwest corner thereof; thence deflect left 145 degrees
15 minutes 00 seconds a distance of 450.00 feet:. thence
deflect' right°'94 degrees 28 minutes 37 seconds to the
northerly line of Shady Oak Road as dedicated in the plat
of Shady Oak Industrial Park Second Addition, according to
the recorded plat thereof, Hennepin County, Minnesota;
thence "southeasterly along the northerly line of siad
• Shady Oak. Road to the northwest corner of Lot 2, Block 2,
Shady Oak Industrial Park, according to the recorded plat
thereof, Hennepin County, Minnesota; thence northeasterly
along the north line of said Lot 2 to the southeast corner
of said south 1/2 of the northwest 1/4 of the Southeast 1/4;
thence northerly along the east line of said South 1/2 of
the northwest 1/4 of the southeast 1/4 to the point of
beginning.
EXCEPT that part of the South 1/2 of the Northwest 1/4
of the Southeast 1/4 of Section 1 , Township 116, Range
22, Hennepin County, Minnesota, described as follows:
commencing at the northeast corner of said South 1/2 bf
the Northwest 1/4 of the Southeast 1/4; thence westerly
along the north line of siad South T/2 of the Northwest
1/4 of the Southeast 1/4 to a point 190.00 feet easterly
from the northwest corner to the point of beginning;
thence deflect left 145 degrees 15 minutes 00 seconds a
61 distance of 1 .93 feet; thence deflect left 124 degrees
45 minutes 00 seconds a distance of 92.30 feet to the
north line of said South 1/2 of the Northwest 1/4 of •
the Southeast 1/4; thence deflect left 90 degrees 00 ,,
minutes oo seconds a distance of 133.05 feet to the
point of beginning.
•
EXCEPT that part of the South 1/2. of the Northwest 1/4
of the Southeast 1/4 of Section 1., Township 116, Range
22, Hennepin County, Minnesota, described as follows;
commencing• at the northeast corner of siad South 1/2 of
the Northwest 1/4 of the Southeast 1/4; thence westerly
along the north line of said South 1/2 of the Northwest
1/4 of the Southeast.1/4 to a point 190.00 feet easterly
from the northwest corner thereof; thence deflect 145
degrees 15 minutes 00 seconds a distance of 352.64 feet
to the point of beginning; thence deflect right 55
degrees 15 minutes 00 seconds a distance of 153.49 feet;
thence deflect left 140 degrees 46 minutes 23 seconds
a distance of 126.50 feet; thence deflect left 94
. degrees 28 minutes 37 seconds a distance of 97.36 feet
to the point of beginning.
"EXHIBIT A"
•
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t, o —1-- _ '\ e\._-, 1 • ..EXHIBIT B"
_ *, , \i p ;y ' ��.) i J, \ July 27, 1979
•
•
DEVELOPER ' S AGREEMENT
EXHIBIT C
page 1 of 3
I. Owner shall submit a development plan prior to approval of the
final plat which shall show proposed grading, storm water
drainage areas and direction of flow, preliminary utility plans,
ponding area and flood plain high water levels for 100 year
storm and minimum floor elevations for all lots. Approval of
the final plat shall be subject to approval of the development
plan by the City Engineer.
II. Owner shall submit detailed construction and storm sewer
plans to the NiNe— M he..
Watershed District for review and approval .
Owner shall follow all rules and recommendations of said
Watershed District.
III. Owner shall pay cash park fees as to all of the property required
by any ordinance in effect as of the date of the issuance of each
building permit for construction on the property. Presently,
the amount of cash park fee applicable to the property is
$ J;-t 00•per acre . The amount to be paid by Owner shall be increased
or decreased to the extent that City ordinances are amended or
supplemented to require a greater or lesser amount as of the date
of the issuance of any building permit for construction on• the
property.
IV. Prior to the dedication, transfer or conveyance of any real
property or interest therein to the City as provided herein,
Owner shall deliver to the City an opinion addressed to the
City by an Attorney, and in a form , acceptable to City, as to
the condition of the title of such property or in lieu of a
title opinion, a title insurance policy insuring the condition
of the property or interest therein in the City. The condition of
the title of any real property or any interest therein to be
dedicated, transferred or conveyed as may be provided herein by
Owner to City shall vest in City good and marketable title,
therein free and clear of any mortgages, liens, encumbrances,
or assessments.
Developer' s Agmt Std.. Form
page
• page 2 of 3 Exhibit C
V. All sanitary sewer, watermain and storm sewer facilities, streets
curb, gutter, sidewalks and other public utilities("improvements")
to be dedicated to the City shall be designed in compliance with City standards by
a registered professional engineer and submitted to the City
Engineer for approval . All private improvements shall conform to
the City's building code requirements. The Owner, through his
engineer, shall provide for competent daily inspection during
the construction of all improvements. As-built drawings with
service and valve ties on reproduceable mylar shall be delivered
to the City Engineer within 60 days of completion thereof.
Prior to final plat approval , or issuance of building permits,
if no final plat is required, the Owner shall :
• A. Submit a performance bond or letter of credit which
• guarantees completion of all improvements to be dedicated
to the City as determined by the City Engineer. The
amount of the bond or letter of credit shall be 125%
of the estimated construction cost of said improve-
ments. The bond or letter of credit shall be in such
• form and contain such other provisions and terms as
may be required by the City Engineer. The Owner's
registered engineer shall make and submit for approval
to the City Engineer a written estimate of said costs.
Said bond or letter of credit shall specify that said
improvements shall be completed and acceptable to the
City Engineer not later than a date to be specified
by the City Engineer and that said improvements shall
be fully guaranteed against any defects in materials
or workmanship for a period of two years following
said completion and acceptance date. Acceptance of
improvements by City shall be subject to recommendations
of the City Engineer and to receipt by the City of the
Owner's warranty, guarantying such improvements against any
defect or defects therein for a period of at least two
years, together with a bond or letter of credit in the
amount of, 25% of the costs for such improvements in such
form as shall be acceptable to and containing such
further terms as shall be required by the City;
B. In lieu of the provisions of subparagraph V.A. above,
-Owner may submit a 100% petition signed by all fee owners
of the property, requesting the City to install the
improvements to be dedicated to the City. Upon
• • approval by the City Council , the City may cause said
improvements to be made and special assessments for
all costs for said improvements will be levied on the property,
except any thereof which shall be dedicated to the public,over
a five year period. Prior to the award of any contract by the
City for the construction of any improvements, Owner shall have
entered into a contract for rough grading of streets included
in the improvements to a finished subgrade elevation. Contractor's
performance of the rough grading work shall be secured
by a bond or letter of credit which shall guarantee completion
of the 'rough grading as determined by the City Engineer.
The amount of the bond or letter of credit shall be 125%
• of the cost of such rough grading and shall be in such
form and contain such further terms as may be required
by the City Engineer.
Developer's Agmt Std. For411
page 3 of 3 Exhibit C
C. Submit to the City Engineer a development plan showing
existing contours, proposed grading, finished elevations,
streets, sewer, water and storm sewer preliminary align-
ment and grades, minimum floor elevations on each lot,
drainage ponds, high water elevations, and arrows show-
ing direction of su{"face drainage, locations of trails,
etc.
i a
D. Pay to City fees for first year street lighting (public
streets) engineering review , and street signs.
VI. Owner shall file this Agreement with the Register of Deeds or
• Registrar of Titles and supply the City with a copy of this
Agreement with information as to Document Number and date and
time of filing duly certified thereon within 60 days from the
date of this Agreement.
VII. If Owner fails to proceed in accordance with this Agreement
within 24 months of the date hereof and provide proof of
filing in accordance with item VI. hereof, Owner for itself ,
its successors, and assigns shall not oppose rezoning of said
property to Rural .
VIII. Provisions of this Agreement shall be binding Upon and
enforceable against Owner, its successors, and assigns
of the property herein described.
IX. Owner represents and warrants it owns fee title to the property
• free and clear of mortgages, liens and other encumbrances,
except:
•
•
•
4
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda March 3, 2016
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C.
Community Development/Planning Shops at Southwest Station
Janet Jeremiah/Julie Klima
Requested Action
Move to:
• Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with
waivers, and Zoning District Amendment within the Regional Service Commercial Zoning
District on 1.67 acres; and
• Approve Resolution for Site Plan Review on 1.67 acres; and
• Approve the Development Agreement for Shops at Southwest Station
Synopsis
This is final approval of the Development Agreement and plans for a 10,975 square foot multi-
tenant retail building with a 2,389 square foot outdoor deck.
Since the first City Council meeting, staff worked with the applicant to incorporate language into
the Development Agreement which allows for up to three restaurant uses and one retail, office,
commercial or personal service use for the site to help address potential parking impacts.
Background Information
The 120-Day Review Period Expires on April 30, 2016.
Attachments
• Ordinance for PUD District Review
• Summary Ordinance
• Resolution for Site Plan Review
• Development Agreement
SHOPS AT SOUTHWEST STATION
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 5-2016-PUD-2-2016
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,AMENDING
CERTAIN LAND WITHIN A ZONING DISTRICT,AMENDING THE LEGAL
DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,ADOPTING BY REFERENCE
CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS,
CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance (hereinafter, the
"land") is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be amended within
the Commercial Regional Service Zoning District-2016-PUD-2-2016 (hereinafter "PUD-2-2016-
C-REG-SER").
Section 3. The City Council hereby makes the following findings:
A. PUD-2-2016-C-REG-SER is not in conflict with the goals of the Comprehensive
Guide Plan of the City.
B. PUD-2-2016-C-REG-SER is designed in such a manner to form a desirable and
unified environment within its own boundaries.
C. The exceptions to the standard requirements of Chapters 11 and 12 of the City
Code that are contained in PUD-2-2016-C-REG-SER are justified by the design of the
development described therein.
D. PUD-2-2016-C-REG-SER is of sufficient size, composition, and arrangement that
its construction, marketing, and operation is feasible as a complete unit without
dependence upon any subsequent unit.
Section 4. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of March 8, 2016, entered into between Technology Drive
Ventures, LLC, and the City of Eden Prairie, (hereinafter"Development Agreement"). The
Development Agreement contains the terms and conditions of PUD-2-2016-C-REG-SER, and
are hereby made a part hereof
Section 5. The proposal is hereby adopted and the land shall be, and hereby is
amended within the Commercial Regional Service District and shall be included hereafter in the
Planned Unit Development 2-2016-C-REG-SER, and the legal descriptions of land in each
district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are
amended accordingly.
Section 6. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled
"Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated
verbatim herein.
Section 7. This Ordinance shall become effective from and after its passage,
publication and upon compliance with the following conditions:
A. Minnwest Bank shall convey the Property to Technology Drive Ventures, LLC,
which deed shall be in recordable form;
B. Technology Drive Ventures, LLC shall execute the Development Agreement so
that it is in recordable form;
C. The Development Agreement is filed with Hennepin County Recorder's Office
immediately following the filing of the deed from Minnwest Bank to Technology
Drive Ventures, LLC and prior to any other document including any mortgage.
D. Publication shall not occur until the City Attorney has received confirmation that
items A, B and C have been fulfilled.
Compliance with terms A, B, and C shall occur simultaneously at the closing of
the purchase of the Property by Technology Drive Ventures, LLC from Minnwest
Bank. If the contingencies sent forth in A, B , C and D have not occurred by May
17, 2016, this approval shall be null and void and of no effect.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
14th day of July 2015, 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 8th day of March,
2016.
ATTEST:
Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on , 2016.
EXHIBIT A
PUD Legal Description —
Parcel 1
Lot 2, Block 1 Southwest Station, Hennepin County, Minnesota
Abstract property
Parcel 2
Easements contained in Declaration of Covenants, Conditions, Restrictions and Easements dated
January 3, 2000, filed January 19, 2000 as Document No. 7264600, as amended by Document
Nos. 7248625, 7907923, 8391982, 8586154, 8974173, 10003647, and 10153399.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2016-
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR SHOPS AT SOUTHWEST STATION
BY TECHNOLOGY DRIVE VENTURES, LLC
WHEREAS, Technology Drive Ventures, LLC, has applied for Site Plan approval of
Shops at Southwest Station to construct a multi-tenant retail building,by an Ordinance approved
by the City Council on March 8, 2016; and
WHEREAS, the Planning Commission reviewed said application at a public hearing at
its June 22, 2015 meeting and recommended approval of said site plans; and
WHEREAS, the City Council has reviewed said application at a public hearing at its
July 14, 2015 meeting.
NOW, THEREFORE,BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF EDEN PRAIRIE, that site plan approval is granted to Shops at Southwest
Station based on the Development Agreement between Technology Drive Ventures, LLC and the
City of Eden Prairie, reviewed and approved by the City Council on March 8, 2016.
BE IT FURTHER RESOLVED, that this Resolution shall become effective from and
after its passage and upon compliance with the following conditions:
A. Minnwest Bank shall convey the Property to Technology Drive Ventures, LLC, which deed
shall be in recordable form;
B. Technology Drive Ventures, LLC shall execute the Development Agreement so that it is in
recordable form;
C. The Development Agreement is filed with Hennepin County Recorder's Office immediately
following the filing of the deed from Minnwest Bank to Technology Drive Ventures, LLC
and prior to any other document including any mortgage.
Compliance with terms A, B, and C shall occur simultaneously at the closing of the purchase of
the Property by Technology Drive Ventures, LLC from Minnwest Bank. If the contingencies
sent forth in A, B and C have not occurred by May 17, 2016, this approval shall be null and void
and of no effect.
ADOPTED by the City Council of the City of Eden Prairie this 8th day of March, 2016.
Nancy Tyra-Lukens , Mayor
ATTEST:
Kathleen Porta, City Clerk
Development Agreement
SHOPS AT SOUTHWEST STATION
THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of March 8,
2016, by Technology Drive Ventures, LLC, a Minnesota Limited Liability Company, hereinafter
referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a
municipal corporation, hereinafter referred to as "City":
WITNESSETH:
WHEREAS,Developer desires to construct a new multi-tenant retail center.
WHEREAS, Developer has applied to the City for Planned Unit Development Concept
Review on 1.67 acres, Planned Unit Development District Review with waivers on 1.67 acres,
Zoning District Amendment within the Commercial Regional Service Zoning District on 1.67acres,
Site Plan Review on 1.67 acres, legally described on Exhibit A(the "Property");
NOW,THEREFORE,in consideration of the City Resolution No. for Planned
Unit Development Concept Review, Ordinance No. for Planned Unit Development
District Review and Zoning District Amendment within the Commercial Regional Service Zoning
District on 1.67 acres, Resolution No. for Site Plan Review, 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 July 6,2015,reviewed and approved by the City Council on July 14,2015,
(hereinafter the "Plans") and identified on Exhibit B, subject to such changes and
modifications as provided herein.
2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set
forth in Exhibit C.
3. BUILDING USE: Developer agrees to a maximum of three restaurant uses and one
retail/office/commercial/personal service use for the site as depicted on the Plans. The
restaurant uses shall not exceed square footage shown on the Plans for the restaurant uses.
4. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a
violation of City Code relating to use of the Land construction thereon or failure to fulfill an
obligation imposed upon the Developer pursuant to this Agreement,City shall give 24 hour
notice of such violation in order to allow a cure of such violation, provided however, City
need not issue a building or occupancy permit for construction or occupancy on the Land
while such a violation is continuing,unless waived by City.
The existence of a violation of City Code or the failure to perform or fulfill an obligation
required by this Agreement shall be determined solely and conclusively by the City Manager
of the City or a designee.
5. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall
release,defend and indemnify City,its elected and appointed officials,employees and agents
from and against any and all claims, demands, lawsuits, complaints, loss, costs (including
attorneys' fees), damages and injunctions relating to any acts, failures to act, errors,
omissions of Developer or Developer's consultants,contractors,subcontractors,suppliers and
agents. Developer shall not be released from its responsibilities to release, defend and
indemnify because of any inspection, review or approval by City.
6. EXTERIOR MATERIALS: Prior to building permit issuance,Developer shall submit to
the City Planner,and receive the City Planner's written approval of a plan depicting exterior
materials and colors to be used on the buildings on the Property.
Prior to issuance of any occupancy permit for the Property, Developer shall complete
implementation of the approved exterior materials and colors plan in accordance with the
terms and conditions of Exhibit C, attached hereto.
7. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION
PLANS:
A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading
and drainage plan contained in the Plans is conceptual. Prior to the release of a land
alteration permit for the Property, Developer shall submit and obtain the City
Engineer's written approval of a final grading and drainage plan for the Property. The
final grading and drainage plan shall include all wetland information, including
wetland boundaries,wetland buffer strips and wetland buffer monument locations;all
Stormwater Facilities, such as water quality ponding areas, stormwater detention
areas, and stormwater infiltration systems; and any other items required by the
application for and release of a land alteration permit. All design calculations for
storm water quality and quantity together with a drainage area map shall be submitted
with the final grading and drainage plan. Prior to release of the grading bond,
Developer shall certify to the City that the Stormwater Facilities conform to the final
grading plan and that the Stormwater Facilities are functioning in accordance with the
approved plans.
Developer shall employ the design professional who prepared the final grading plan.
The design professional shall monitor construction for conformance to the approved
final grading plan and Stormwater Pollution Prevention Plan(SWPPP). The design
professional shall provide a final report to the City certifying completion of the
grading in conformance the approved final grading plan and SWPPP. In addition,the
design professional retained by the Developer to perform the monitoring of the
Project shall be responsible for all monitoring, data entry and reporting to the
PermiTrack ESC web-based erosion and sediment permit tracking program utilized
by the City.
B. STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities,
including detention basins,retention basins,"Stormwater Infiltration"or"Filtration
Systems"(such as rainwater gardens,vegetated swales,infiltration basins,vegetated
filters, filter strips, curbless parking lot islands, parking lot islands with curb-cuts,
traffic islands, tree box filters, bioretention systems or infiltration trenches) or
"Underground Systems" (such as media filters, underground sand filters,
underground vaults,sedimentation chambers,underground infiltration systems,pre-
manufactured pipes, modular structures or hydrodynamic separators) shall be
maintained by the Developer during construction and for a minimum of two(2) full
growing seasons after completion of the development to ensure that soil compaction,
erosion, clogging, vegetation loss, channelization of flow or accumulation of
sediment are not occurring,and thereafter by the Owner of the Property.Planting and
Maintenance Plans for the Stormwater Facilities (where appropriate)to ensure that
the Stormwater Facilities continue to function as designed in perpetuity must be
submitted prior to release of the first building permit for the Development
Developer shall employ the design professional who prepared the final grading plan
to monitor construction of the Stormwater Facilities for conformance to the
Minnesota Pollution Control Agency publication entitled"State of Minnesota Storm
Water Manual" dated November 2005, the approved final grading plan and the
requirements listed herein. All inspections of underground systems shall be
performed by personnel that have approved OSHA confined space training.
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 prior 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 management
practices to assure the infiltration system will be functional; (ii), erosion control
measures; (iii) infiltration capacity; (iv) performance specifications that the
completed infiltration system must meet to be considered functional by City and(v)
corrective actions that will be taken if the infiltration system does not meet the
performance specification.
All Stormwater Infiltration Systems must be inspected prior to final grading to ensure
that the area is infiltrating as proposed and to determine 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 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 of the field verification
test. The work required to bring the Stormwater 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 Systems that are constructed under a building shall be
designed for maintenance access and installed in conformance with the standards
outlined in The Minnesota Stormwater Manual (November 2005) and/or the Plans.
The System shall be kept off-line until construction is complete. Field verification of
post-construction infiltration rates must be provided to the City within 30 days after
the first rainfall event of one-half inch or greater following the Storm Water
Infiltration Systems becoming operational. If the infiltration rates are reduced by
construction,a plan to restore adequate infiltration must be provided within 90-days
of the field test
C. STORMWATER FACILITY 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, capacity and functionality of all Stormwater
Facilities. The Maintenance Plan must contain at a minimum: 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 of reduced infiltration for Stormwater Infiltration Systems;and
plans for replacement of failed systems,all pursuant to and in accordance with Eden
Prairie City Code Section 11.55, Subd. 8.
During construction and for two years following completion of construction, all
Stormwater Facilities shall be inspected at a minimum of once annually to determine
if the Stormwater Facility(s) is treating stormwater as designed and should occur
within 72-hours after a rainfall event of one-inch or greater to verify infiltration. All
Stormwater Facilities shall be kept free of debris,litter,invasive plants and sediment.
Erosion impairing the function or integrity of the Stormwater Facilities,if any,must
be corrected and any structural damage impairing or threatening to impair 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 volume by 25 percent of its original design volume.
• A Stormwater Infiltration System shall be considered inadequate if sediment
has accumulated that impairs or has the potential to impair 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 volume.
Based on this inspection,if a Stormwater Facility requires cleanout,the Stormwater
Facility shall be restored to its original design and/or the infiltration capacity of the
underlying soils must be restored and any surface disturbance must be stabilized
within one year of the inspection date.
Sediment, debris, litter or vegetation removal in Stormwater Infiltration Systems
shall be by hand or with a flat-bottomed shovel or rake during dry periods. Only
enough sediment shall be removed as needed to restore hydraulic capacity,leaving as
much of the vegetation in place as possible. Any damaged turf or vegetation shall be
reseeded or replaced.
After the two year period of maintenance,the Owner of the Property shall continue to
be responsible for maintenance of the Stormwater Facilities. This shall include
inspections at a minimum of once per every five years. Regular maintenance shall be
conducted and must include regular sweeping of private 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 Systems 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 permit,Developer shall submit to the City Engineer and
obtain City Engineer's written approval of Stormwater Pollution Prevention Plan
(SWPPP) for the Property. The SWPPP shall include all boundary erosion control
features, temporary stockpile locations, turf restoration procedures, concrete truck
washout areas and any other best management practices to be utilized within the
Project. Prior to release of the grading bond, Developer shall complete
implementation of the approved SWPPP.
8. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City
Planner's written approval of a plan for irrigation of the landscaped areas on the Property.
The irrigation plan shall be designed so that water is not directed on or over public trails and
sidewalks.
Developer shall complete implementation of the approved irrigation plan in accordance with
the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the
Property.
9. LANDSCAPE PLAN: Prior to building permit issuance,the Developer shall submit to the
City Planner and receive the City Planner's written approval of a final landscape plan for the
Property. The approved landscape plan shall be consistent with the quantity,type, and size
of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the
City Planner and receive the City Planner's written approval of a security in the form of a
bond, cash escrow, or letter of credit, equal to 150% of the cost of said improvements as
required by City Code.
Prior to issuance of any occupancy permit for the Property, Developer shall complete
implementation of the approved landscape plan in accordance with the terms and conditions
of Exhibit C.
10. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City
Planner,and receive the City Planner's written approval of a plan for screening of mechanical
equipment on the Property. For purposes of this paragraph, "mechanical equipment"
includes gas meters, electrical conduit,water meters, and standard heating,ventilating, and
air-conditioning units. Security to guarantee construction of said screening shall be included
with that provided for landscaping on the Property, in accordance with City Code
requirements. Developer shall complete implementation of the approved plan prior to
issuance of any occupancy permit for the Property.
If,after completion of construction of the mechanical equipment screening,it is determined
by the City Planner,in his or her sole discretion,that the constructed screening does not meet
the Code requirements to screen mechanical equipment from public streets and differing,
adjacent land uses, then the City Planner shall notify Developer and Developer shall take
corrective action to reconstruct the mechanical equipment screening in order to cure the
deficiencies identified by the City Planner. Developer agrees that the City will not release
the security provided until Developer completes all such corrective measures.
11. PERFORMANCE STANDARDS: Developer agrees that the Property will be operated in a
manner meeting all applicable noise,vibration,dust and dirt,smoke,odor and glare laws and
regulations. Developer further agrees that the facility upon the Property shall be operated so
noise,vibration,dust and dirt,smoke,odor and glare do not go beyond the Property boundary
lines.
12. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code
requirements within the Commercial Regional Service Zoning District through the Planned
Unit Development District Review for the Property and incorporates said waivers as part of
PUD (list PUD number):
A. Offsite Parking for 40 non-exclusive parking stalls as identified in certain
Declarations of Covenants, Conditions, Restrictions and Easements dated January
3, 2000, filed January 19, 2000 as Document No. 7246400 and Document No.
3245977, as amended by Document Nos. 7248625, 7907923, 8391982,
10003647,.and Document No. [TO BE COMPLETED FOR 5TH
AMENDMENT] City Code requires parking to be accommodated onsite.
B. Front yard setback for parking from 35 feet to 17.5 feet abutting Technology
Drive.
13. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City
Code, Section 11.70,Developer shall file with the City Planner and receive the City Planner's
written approval of an application for a sign permit. The application shall include a complete
description of the sign and a sketch showing the size, location,the manner of construction,
and other such information as necessary to inform the City of the kind, size, material
construction,and location of any such sign,consistent with the sign plan shown on the Plans
and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a.
14. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City
Planner and receive the City Planner's written approval of a plan for site lighting on the
Property. All pole lighting shall be downcast not to exceed 20 feet in height. Developer
shall complete implementation of the approved lighting plan prior to issuance of any
occupancy permit for the Property.
15. TRASH ENCLOSURE: Developer has submitted to the City Planner, and obtained the
City Planner's written approval of a plan for the design and construction of the outside trash
enclosure for the Property. This trash enclosure shall be constructed with face brick to match
the building, and heavy duty steel gates that completely screen the interior of the enclosure.
Developer shall complete implementation of the trash enclosure plan prior to issuance of any
occupancy permit for the Property.
IN WITNESS WHEREOF,the parties to this Agreement 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 8th day of March 2016,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
Technology Drive Ventures, LLC
By
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of , 2016,by
, the , of
Technology Drive Ventures,LLC,a Minnesota limited liability company,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—SHOPS AT SOUTHWEST STATION
Lot 2, Block 1, Southwest Station, Hennepin County, Minnesota
EXHIBIT B
DEVELOPMENT AGREEMENT-SHOPS AT SOUTHWEST STATION
Sheet CS--Cover Sheet dated 08/05/15 by Tushie Montgomery Architects
Sheet 1/1—ALTA/ACSM Land Title Survey dated 4/2/2015 by Sambatek
Sheet C2.01—Existing Conditions dated 08/05/15 by Sambatek
Sheet C2.02—Demolition Plan dated 08/05/15 by Sambatek
Sheet C3.01—Site Plan dated 08/05/15 by Sambatek
Sheet C4.01—Grading Plan dated 08/05/15 by Sambatek
Sheet C5.01—Erosion Control Plan dated 08/05/15 by Sambatek
Sheet C6.01—Utility Plan dated 08/05/15 by Sambatek
Sheet C7.01—Details dated 08/05/15 by Sambatek
Sheet L1.0—Site Plan dated 08/05/15 by Tushie Montgomery Architects
Sheet L2.0—Landscape Plan dated 08/05/15 by Tushie Montgomery Architects
Sheet L3.0—Site Details dated 08/05/15 by Tushie Montgomery Architects
Sheet L3.1—Planting Details dated 08/05/15 by Tushie Montgomery Architects
Sheet L3.2—Planting Details dated 08/05/15 by Tushie Montgomery Architects
Sheet L4.0—Lighting Plan dated 08/05/15 by Tushie Montgomery Architects
Sheet A1.0—Floor Plan dated 08/05/15 by Tushie Montgomery Architects
Sheet A1.1—Roof Plan dated 08/05/15 by Tushie Montgomery Architects
Sheet A1.2—Schematic Floor Plan dated 08/05/15 by Tushie Montgomery Architects
Sheet A2.0—Elevations dated 08/05/15 by Tushie Montgomery Architects
Sheet A2.1—Perspectives dated 08/05/15 by Tushie Montgomery Architects
Sheet SN1.0—Signage dated by Tushie Montgomery Architects
EXHIBIT C
DEVELOPMENT AGREEMENT — SHOPS AT SOUTHWEST STATION
I. Prior to release of any building permit, Developer shall submit to the City Engineer for
approval two copies of a development plan(1"=100'scale) showing existing and proposed
contours,proposed streets,and lot arrangements and size,minimum floor elevations on each
lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100-
year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing
direction of storm water flow on all lots,location of walks,trails,and any property deeded to
the City.
II. Developer shall submit detailed construction and storm sewer plans to the Watershed District
for review and approval. Developer shall follow all rules and recommendations of said
Watershed District.
III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as
of the date of the issuance of each building permit for construction on the Property. (Not
applicable.)
IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24)
months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose
the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide
Plan review approved in connection with this Agreement, thus restoring the status of the
Property before the Development Agreement and all approvals listed above were approved.
V. Provisions of this Agreement shall be binding upon and enforceable against the Property and
the Owners, their successors and assigns of the Property.
VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the
City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to
identify the legal description of the Property after platting thereof
VII. Developer represents that it has will have marketable fee title to the Property at the time of
filing of the Development Agreement, except: NONE
INSERT ANY NAME/COMPANY LISTED IN ANY OWNER'S SUPPLEMENT
TO THE DEVELOPER'S AGREEMENT)
With respect to any interest in all portions of the Property which Developer is required,
pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"),
Developer represents and warrants as follows now and at the time of dedication or
conveyance:
A. That Developer has marketable fee title free and clear of all mortgages, liens, and
other encumbrances. Prior to final plat filing of the Development Agreement
approval,Developer shall provide to the City a current title insurance policy insuring
such a condition of title.
B. That Developer has not used, employed, deposited, stored, disposed of, placed or
otherwise allowed to come in or on the Dedicated Property,any hazardous substance,
hazardous waste, pollutant, or contaminant, including, but not limited to, those
defined in or pursuant to 42 U.S.C. § 9601,et. seq.,or Minn. Stat., Sec. 115B.01,et.
seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as
"Hazardous Substances");
C. That Developer has not allowed any other person to use, employ, deposit, store,
dispose of,place or otherwise have,in or on the Property,any Hazardous Substances.
D. That no previous owner, operator or possessor of the Property deposited, stored,
disposed of, placed or otherwise allowed in or on the Property any hazardous
substances.
Developer agrees to indemnify, defend and hold harmless City, its successors and assigns,
against any and all loss,costs,damage and expense,including reasonable attorneys fees and
costs that the City incurs because of the breach of any of the above representations or
warranties and/or resulting from or due to the release or threatened release of Hazardous
Substances which were, or are claimed or alleged to have been,used, employed, deposited,
stored, disposed of, placed, or otherwise located or allowed to be located, in or on the
Dedicated Property by Developer, its employees, agents, contractors or representatives.
VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11,
Zoning,and Chapter 12, Subdivision Regulations,of the City Code and other applicable City
ordinances affecting the development of the Property. Developer agrees to develop the
Property in accordance with the requirements of all applicable City Code requirements and
City Ordinances.
IX. Prior to release of the final plat filing of the Development Agreement,Developer shall pay to
City fees for the first three (3) years' street lighting on the public streets adjacent to the
Property (including installation costs, if any, as determined by electrical power provider),
engineering review, and street signs.
X. Developer shall submit detailed water main, fire protection, and emergency vehicle access
plans to the Fire Marshal for review and approval. Developer shall follow all the
recommendations of the Fire Marshal.
XI. Developer acknowledges that the rights of City performance of obligations of Developer
contemplated in this agreement are special, unique, and of an extraordinary character, and
that, in the event that Developer violates, or fails, or refuses to perform any covenant,
condition, or provision made herein, City may be without an adequate remedy at law.
Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform
any covenant, condition, or provision made herein, City may, at its option, institute and
prosecute an action to specifically enforce such covenant, withhold building permits or
rescind or revoke any approvals granted by the City. No remedy conferred in this agreement
is intended to be exclusive and each shall be cumulative and shall be in addition to every
other remedy. The election of anyone or more remedies shall not constitute a waiver of any
other remedy.
XII. Developer shall,prior to the commencement of any improvements,provide written notice to
Comcast of the development contemplated by this Development Agreement. Notice shall be
sent to Comcast Cable, 9705 Data Park, Minnetonka, Minnesota 55343.
XIII. Prior to building permit issuance,all fees associated with the building permit shall be paid to
the Inspections Department,including;Building permit fee,plan check fee,State surcharge,
metro system access charge(SAC),City SAC and City water access charge(WAC),and park
dedication. Contact Metropolitan Waste Control to determine the number of SAC units.
XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans,
existing structures, wells and septic systems (if present) shall be properly abandoned or
removed as required by City ordinance and all permits obtained through the Inspections
Department.
XV. Prior to building permit issuance,provide two copies of an approved survey or site plan(1"=
200 scale)showing proposed building location and all proposed streets,with approved street
names, lot arrangements and property lines.
XVI. The City shall not issue any building permit for the construction of any building,structure,or
improvement on the Property until all requirements listed in this Exhibit C have been
satisfactorily addressed by Developer.
XVII. No failure of the City to comply with any term,condition,covenant or agreement herein shall
subject the City to liability for any claim for damages, costs or other financial or pecuniary
charges. No execution on any claim, demand, cause of action or judgment shall be levied
upon or collected from the general credit, general fund or taxing powers of the City.
XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently
demarcate the location of the boundary of the conservation easement on each lot property
line or corner with permanent four-foot tall posts. A 2 '/2 by 6 inch sign or decal reading
"Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of
the post.
On the date of closing on Developer's purchase of the Property,the Developer shall record
the Development Agreement at the County Recorder and/ or Registrar of Titles after the
deed vesting title in the Developer and prior to any other instrument. The final plat shall not
be released until proof of filing of the Development Agreement is submitted to the City.
XX. The City is hereby granted the option, but not the obligation, to complete or cause
completion in whole or part of all of the Developer's obligations under this Agreement for
which a bond, letter of credit, cash deposit or other security(hereinafter referred to as the
"Security")is required if the Developer defaults with respect to any term or condition in this
Agreement for which Security is required and fails to cure such default(s) within ten (10)
days after receipt of written notice thereof from the City;provided however if the nature of
the cure is such that it is not possible to complete the cure within ten (10) days, it shall be
sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer
acknowledges that the City does not assume any obligations or duties of the Developer with
respect to any such contract agreements unless the City shall agree in writing to do so.
The City may draw down on or make a claim against the Security,as appropriate,upon five
(5)business days notice to the Developer,for any violation of the terms of this Agreement or
if the Security is allowed to lapse prior to the end of the required term. If the obligations for
which Security is required are not completed at least thirty(30)days prior to the expiration of
the Security and if the Security has not then been renewed,replaced or otherwise extended
beyond the expiration date, the City may also draw down or make a claim against the
Security as appropriate. If the Security is drawn down on or a claim is made against the
Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all
costs and expenses, including attorneys' fee, incurred by the City in enforcing this
Agreement.
XXI. The Developer hereby grants the City, it's agents, employees, officers and contractors a
license to enter the Property to perform all work and inspections deemed appropriate by the
City in conjunction with this Agreement.
XXII. This Agreement is a contract agreement between the City and the Developer. No provision
of this Agreement inures to the benefit of any third person,including the public at large,so as
to constitute any such person as a third-party beneficiary of the Agreement or of any one or
more of the terms hereof, or otherwise give rise to any cause of action for any person not a
party hereto.
XXIII. Except as specifically authorized by the Director of Public Works,no permit shall be issued
for the Property until the Developer has recorded the final plat with Hennepin County
Recorder's Office/Registrar of Titles' Office.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda March 8, 2016
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D.
Community Development/Planning Kal Point
Janet Jeremiah/Julie Klima
Requested Action
Move to:
• Approve 2nd Reading of the Ordinance for Planned Unit Development District
Review with waivers, and Zoning District Amendment within the Regional Service
Commercial Zoning District on 1.67 acres; and
• Approve Resolution for Site Plan Review on 1.67 acres; and
• Approve the Development Agreement for Shops at Southwest Station
Synopsis
This is final approval of the Development Agreement and plans for a 20,000 square foot grocery
store and a 4,200 square foot multi-tenant retail building.
Background Information
The 120-Day Review Period Expires on March 11, 2016.
Attachments
• Ordinance for PUD District Review
• Summary Ordinance
• Resolution for Site Plan Review
• Development Agreement
KAL POINT
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 6-2016-PUD-3-2016
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,REMOVING
CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,
AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99
WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance (hereinafter, the
"land") is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be removed from the
Neighborhood Commercial Zoning District and be placed in the Community Commercial Zoning
District 6-2016-PUD-3-2016 (hereinafter "PUD-3-2016-C- COM").
Section 3. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of March 8, 2016 entered into between Kal Stay LLC, and the
City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement
contains the terms and conditions of PUD-3-2016-C- COM, and are hereby made a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD-3-2016-C-COM is not in conflict with the goals of the Comprehensive
Guide Plan of the City.
B. PUD-3-2016-C-COM is designed in such a manner to form a desirable and
unified environment within its own boundaries.
C. The exceptions to the standard requirements of Chapters 11 and 12 of the City
Code that are contained in PUD-3-2016-C-COM are justified by the design of the
development described therein.
D. PUD-3-2016-C-COM is of sufficient size, composition, and arrangement that its
construction, marketing, and operation are feasible as a complete unit without
dependence upon any subsequent unit.
Section 5. The proposal is hereby adopted and the land shall be, and hereby is
removed from the Neighborhood Commercial Zoning District, and placed in the Community
Commercial Zoning District and shall be included hereafter in the Planned Unit Development
PUD-3-2016-C-COM and the legal descriptions of land in each district referred to in City Code
Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly.
Section 6. City Code Chapter 1 entitled"General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled
"Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated
verbatim herein.
Section 7. This Ordinance shall become effective from and after its passage,
publication and upon compliance with the following conditions:
A. Anchor Bank shall convey the Property to Kal Stay, LLC, which deed shall be in
recordable form;
B. Kal Stay, LLC shall execute the Development Agreement so that it is in
recordable form;
C. The Development Agreement is filed with Hennepin County Recorder's Office
immediately following the filing of the deed from Anchor Bank to Kal Stay, LLC
and prior to any other document including any mortgage.
D. Publication shall not occur until the City Attorney has received confirmation that
items A, B and C have been fulfilled.
Compliance with terms A, B, and C shall occur simultaneously at the closing of
the purchase of the Property by Kal Stay, LLC from Anchor Bank. If the
contingencies sent forth in A, B , C and D have not occurred by April 15, 2016,
this approval shall be null and void and of no effect.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
19th day of January, 2016, 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 8th day of March,
2016.
ATTEST:
Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on , 2016.
EXHIBIT A
Legal Description: Kal Point
Parcel 1:
Lot 1, Block 1, M &K Addition, Hennepin County; Minnesota.
Parcel 2:
The West 160 feet of the following described property:
That part of the East Half of the Northeast Quarter and the Northeast Quarter of the Southeast
Quarter of Section 27, Township 116,North of Range 22 West of the Fifth Principal Meridian
described as follows: Commencing on the North line of said Section 27 at a point 330 feet West
of the Northeast corner of said Section, running thence South parallel with the East line of said
Section, 3300 feet to the South line of the North Half of the Northeast Quarter of the Southeast
Quarter of said Section 27; thence West 660 feet; thence North 3300 feet; thence East 660 feet to
the place of beginning lying North of the North line of the South Quarter of the Northeast
Quarter of Section 27 and South of the Southerly line of Registered Land Survey No. 791.
Parcel 3:
Lot 1, Block 2, Augusta Addition, Hennepin County, Minnesota.
KAL POINT
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF
ORDINANCE NO. 6-2016-PUD3-2016
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,AMENDING THE
ZONING OF CERTAIN LAND WITHIN ONE DISTRICT,AND ADOPTING BY
REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG
OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary: This ordinance allows amendment of the zoning of land located at 13105,
13075, AND 13045 Pioneer Trail within the Community Commercial Zoning District. Exhibit
A, included with this Ordinance, gives the full legal description of this property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on , 2016.
(A full copy of the text of this Ordinance is available from City Clerk.)
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2016-
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR KAL POINT
BY KAL STAY,LLC
WHEREAS, Kal Stay, LLC, has applied for Site Plan approval of Kal Point to construct
a 20,000 square foot grocery store and a 4,200 square foot multi-tenant retail building, by an
Ordinance approved by the City Council on March 8, 2016; and
WHEREAS, the Planning Commission reviewed said application at a public hearing at
its December 7, 2015 meeting and recommended approval of said site plans; and
WHEREAS, the City Council has reviewed said application at a public hearing at its
January 19, 2016 meeting.
NOW, THEREFORE,BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF EDEN PRAIRIE,that site plan approval is granted to Kal Point based on
the Development Agreement between Kal Stay, LLC and the City of Eden Prairie, reviewed and
approved by the City Council on March 8, 2016.
ADOPTED by the City Council of the City of Eden Prairie this 8th day of March, 2016.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
DEVELOPMENT AGREEMENT
KAL POINT
THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of
, 2016, by Kal Stay LLC, a Minnesota limited liability corporation, hereinafter
referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a
municipal corporation, hereinafter referred to as "City":
WITNESSETH:
WHEREAS, Developer has applied to City for Guide Plan Change from Neighborhood
Commercial to Community Commercial on 2.98 acres,Planned Unit Development Concept Review
on 2.98 acres, Planned Unit Development District Review with waivers on 2.98 acres, Zoning
District Change from Neighborhood Commercial to Community Commercial on 2.98 acres, Site
Plan Review on 2.98 acres, and Preliminary Plat of 2.98 acres into 2 lots, legally described on
Exhibit A(the "Property");
NOW, THEREFORE, in consideration of the City adopting Resolution No.2016-20 for
Guide Plan Change, Resolution No. 2016-21 for Planned Unit Development Concept Review,
Ordinance No. for Planned Unit Development District Review and Zoning District
Change from Neighborhood Commercial to Community Commercial on 2.98 acres,Resolution No.
for Site Plan Review, and Resolution No. 2016-22 for Preliminary Plat, Developer
agrees to construct, develop and maintain the Property as follows:
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Kal Point Development Agreement
1. PLANS: Developer shall develop the Property in conformance with the materials revised
and stamp dated December 21,2015,reviewed and approved by the City Council on January
19, 2016, (hereinafter the "Plans")and identified on Exhibit B, subject to such changes and
modifications as provided herein.
2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set
forth in Exhibit C.
3. CHANGE OF USE: The parking requirements in the Plans have been calculated based on
retail use of the Property. A restaurant use of the Property shall require re-calculation of
parking requirements. Developer shall inform city of any proposed restaurant prior to
changing the use of the Property to a restaurant.If the recalculation identifies that additional
parking is required for a restaurant use on the property Developer shall apply for an
amendment to Ordinance No. -2016-PUD-_-2016(the"Ordinance")to allow a restaurant
use. If additional parking is required no use shall be made of the Property for a restaurant
and no permits shall issue for converting to a restaurant use unless an amendment to the
Ordinance allowing a restaurant is approved.
4. CROSS ACCESS,PARKING AND MAINTENANCE AGREEMENT: Prior to release
of the final plat for the Property,Developer shall provide a Cross Access Easement,Private
Utility and Maintenance Agreement over the private driveway located within the Property
that provides cross access to the MAC property, adjacent to the Property. The agreement
shall also provide cross-access,parking,private utility and maintenance between Lots 1 and 2
of the Property. The form of the Agreement shall be in form and substance acceptable to the
City Engineer which approval or disapproval shall be in writing by the City Engineer.. This
Agreement shall address joint vehicle access and maintenance over the private streets,
parking,storm sewers,and infiltration basins.All of these facilities shall be privately owned
and maintained by the Developer or Owner. After approval by the City,Developer shall file
the Cross Access Easement,Private Utility and Maintenance Agreement with the Hennepin
County Recorder/Registrar of Title as appropriate immediately after the recording of the final
plat and this Agreement and prior to recording of any document affecting the property
including but not limited to any mortgage granted by the Developer or owners, their
successors and/or assigns.
Prior to the issuance of the first building permit for the Property,Developer shall submit to
the City Engineer proof that the Cross Access Easement, Private Utility and Maintenance
Agreement have been recorded in the Hennepin County Recorder's Office/Registrar of Titles'
Office.
5. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a
violation of City Code relating to use of the Property construction thereon or failure to fulfill
an obligation imposed upon the Developer pursuant to this Agreement, City shall give 24
hour notice of such violation in order to allow a cure of such violation,provided however,
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Kal Point Development Agreement
City need not issue a building or occupancy permit for construction or occupancy on the
Property while such a violation is continuing,unless waived by City.
The existence of a violation of City Code or the failure to perform or fulfill an obligation
required by this Agreement shall be determined solely and conclusively by the City Manager
of the City or a designee.
6. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall
release,defend and indemnify City,its elected and appointed officials,employees and agents
from and against any and all claims, demands, lawsuits, complaints, loss, costs (including
attorneys' fees), damages and injunctions relating to any acts, failures to act, errors,
omissions of Developer or Developer's consultants,contractors,subcontractors,suppliers and
agents. Developer shall not be released from its responsibilities to release, defend and
indemnify because of any inspection, review or approval by City.
7. EXTERIOR MATERIALS: Prior to building permit issuance,Developer shall submit to
the City Planner,and receive the City Planner's written approval of a plan depicting exterior
materials and colors to be used on the buildings on the Property.
Prior to issuance of any occupancy permit for the Property, Developer shall complete
implementation of the approved exterior materials and colors plan in accordance with the
terms and conditions of Exhibit C, attached hereto.
8. FINAL PLAT: The final plat of the Property shall be recorded with the Hennepin County
Recorder or Registrar of Titles,as applicable within 90 days of approval by the City Council
or within 2 years of approval of the Preliminary Plat,whichever occurs first. If the final plat
is not filed within the specified time,the City Council may,upon ten days written notice,to
the Developer, consider a resolution revoking the approval.
9. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION
PLANS:
A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading
and drainage plan contained in the Plans is conceptual. Prior to the release of a land
alteration permit for the Property, Developer shall submit and obtain the City
Engineer's written approval of a final grading and drainage plan for the Property. The
final grading and drainage plan shall include all wetland information, including
wetland boundaries,wetland buffer strips and wetland buffer monument locations;all
Stormwater Facilities, such as water quality ponding areas, stormwater detention
areas, and stormwater infiltration systems; and any other items required by the
application for and release of a land alteration permit. All design calculations for
storm water quality and quantity together with a drainage area map shall be submitted
with the final grading and drainage plan. Prior to release of the grading bond,
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Kal Point Development Agreement
Developer shall certify to the City that the Stormwater Facilities conform to the final
grading plan and that the Stormwater Facilities are functioning in accordance with the
approved plans.
Developer shall employ the design professional who prepared the final grading plan.
The design professional shall monitor construction for conformance to the approved
final grading plan and Stormwater Pollution Prevention Plan(SWPPP). The design
professional shall provide a final report to the City certifying completion of the
grading in conformance the approved final grading plan and SWPPP. In addition,the
design professional retained by the Developer to perform the monitoring of the
Project shall be responsible for all monitoring, data entry and reporting to the
PermiTrack ESC web-based erosion and sediment permit tracking program utilized
by the City.
B. STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities,
including detention basins,retention basins,"Stormwater Infiltration"or"Filtration
Systems"(such as rainwater gardens,vegetated swales,infiltration basins,vegetated
filters, filter strips, curbless parking lot islands, parking lot islands with curb-cuts,
traffic islands, tree box filters, bioretention systems or infiltration trenches) or
"Underground Systems" (such as media filters, underground sand filters,
underground vaults,sedimentation chambers,underground infiltration systems,pre-
manufactured pipes, modular structures or hydrodynamic separators) shall be
maintained by the Developer during construction and for a minimum of two(2) full
growing seasons after completion of the development to ensure that soil compaction,
erosion, clogging, vegetation loss, channelization of flow or accumulation of
sediment are not occurring,and thereafter by the Owner of the Property.Planting and
Maintenance Plans for the Stormwater Facilities (where appropriate)to ensure that
the Stormwater Facilities continue to function as designed in perpetuity must be
submitted prior to release of the first building permit for the Development
Developer shall employ the design professional who prepared the final grading plan
to monitor construction of the Stormwater Facilities for conformance to the
Minnesota Pollution Control Agency publication entitled"State of Minnesota Storm
Water Manual" dated November 2005, the approved final grading plan and the
requirements listed herein. All inspections of underground systems shall be
performed by personnel that have approved OSHA confined space training.
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 prior to construction; installation of the
infiltration system using low-impact earth moving equipment; and not allowing
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Kal Point Development Agreement
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 management
practices to assure the infiltration system will be functional; (ii), erosion control
measures; (iii) infiltration capacity; (iv) performance specifications that the
completed infiltration system must meet to be considered functional by City and(v)
corrective actions that will be taken if the infiltration system does not meet the
performance specification.
All Stormwater Infiltration Systems must be inspected prior to final grading to ensure
that the area is infiltrating as proposed and to determine 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 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 of the field verification
test. The work required to bring the Stormwater 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 Systems that are constructed under a building shall be
designed for maintenance access and installed in conformance with the standards
outlined in The Minnesota Stormwater Manual (November 2005) and/or the Plans.
The System shall be kept off-line until construction is complete. Field verification of
post-construction infiltration rates must be provided to the City within 30 days after
the first rainfall event of one-half inch or greater following the Storm Water
Infiltration Systems becoming operational. If the infiltration rates are reduced by
construction,a plan to restore adequate infiltration must be provided within 90-days
of the field test
C. STORMWATER FACILITY 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, capacity and functionality of all Stormwater
Facilities. The Maintenance Plan must contain at a minimum: the party(s)
responsible for maintenance; access plans; inspection frequency; methods used for
field verification of infiltration for Stormwater Infiltration Systems;routine and non-
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Kal Point Development Agreement
routine inspection procedures; sweeping frequency for all parking and road surfaces;
plans for restoration of reduced infiltration for Stormwater Infiltration Systems;and
plans for replacement of failed systems,all pursuant to and in accordance with Eden
Prairie City Code Section 11.55, Subd. 8.
During construction and for two years following completion of construction, all
Stormwater Facilities shall be inspected at a minimum of once annually to determine
if the Stormwater Facility(s) is treating stormwater as designed and should occur
within 72-hours after a rainfall event of one-inch or greater to verify infiltration. All
Stormwater Facilities shall be kept free of debris,litter,invasive plants and sediment.
Erosion impairing the function or integrity of the Stormwater Facilities,if any,must
be corrected and any structural damage impairing or threatening to impair 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 volume by 25 percent of its original design volume.
• A Stormwater Infiltration System shall be considered inadequate if sediment
has accumulated that impairs or has the potential to impair 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 volume.
Based on this inspection,if a Stormwater Facility requires cleanout,the Stormwater
Facility shall be restored to its original design and/or the infiltration capacity of the
underlying soils must be restored and any surface disturbance must be stabilized
within one year of the inspection date.
Sediment, debris, litter or vegetation removal in Stormwater Infiltration Systems
shall be by hand or with a flat-bottomed shovel or rake during dry periods. Only
enough sediment shall be removed as needed to restore hydraulic capacity,leaving as
much of the vegetation in place as possible. Any damaged turf or vegetation shall be
reseeded or replaced.
After the two year period of maintenance,the Owner of the Property shall continue to
be responsible for all maintenance of the Stormwater Facilities located within Lot 2.
Removal of accumulated sediments and maintenance of the infiltration capabilities of
the Stormwater Facilities located within Lot 1 that are under public drainage and
utility easements shall be performed by the City. The Owner shall be responsible for
regular maintenance activities as described in this paragraph below for Stormwater
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Kal Point Development Agreement
Facilities. This shall include inspections at a minimum of once per every five years
for the Stormwater Facility located within Lot 2. Regular maintenance shall be
conducted and must include regular sweeping of private 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 (within Lot 2).
Sediment build-up in above-ground Stormwater Infiltration or Filtration Systems
shall be removed by hand. Areas above Underground Systems shall be kept free of
structures that would limit access to the System for inspections, maintenance or
replacement.
D. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to
issuance of a land alteration permit,Developer shall submit to the City Engineer and
obtain City Engineer's written approval of Stormwater Pollution Prevention Plan
(SWPPP) for the Property. The SWPPP shall include all boundary erosion control
features, temporary stockpile locations, turf restoration procedures, concrete truck
washout areas and any other best management practices to be utilized within the
Project. Prior to release of the grading bond, Developer shall complete
implementation of the approved SWPPP.
10. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City
Planner's written approval of a plan for irrigation of the landscaped areas on the Property.
The irrigation plan shall be designed so that water is not directed on or over public trails and
sidewalks.
Developer shall complete implementation of the approved irrigation plan in accordance with
the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the
Property.
11. LANDSCAPE PLAN: Prior to building permit issuance,the Developer shall submit to the
City Planner and receive the City Planner's written approval of a final landscape plan for the
Property depicting the addition of a total of 76 caliper inches. The approved landscape plan
shall be consistent with the quantity,type,and size of plant materials shown on the landscape
plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's
written approval of a security in the form of a bond,cash escrow,or letter of credit, equal to
150% of the cost of said improvements as required by City Code.
Prior to issuance of any occupancy permit for the Property, Developer shall complete
implementation of the approved landscape plan in accordance with the terms and conditions
of Exhibit C.
The site landscaping depicted in Exhibit B plans shall be maintained by Developer consistent
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Kal Point Development Agreement
with Exhibit B plans.
12. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City
Planner,and receive the City Planner's written approval of a plan for screening of mechanical
equipment on the Property. For purposes of this paragraph, "mechanical equipment"
includes gas meters, electrical conduit,water meters, and standard heating,ventilating, and
air-conditioning units. Security to guarantee construction of said screening shall be included
with that provided for landscaping on the Property, in accordance with City Code
requirements. Developer shall complete implementation of the approved plan prior to
issuance of any occupancy permit for the Property.
If,after completion of construction of the mechanical equipment screening,it is determined
by the City Planner,in his or her sole discretion,that the constructed screening does not meet
the Code requirements to screen mechanical equipment from public streets and differing,
adjacent land uses, then the City Planner shall notify Developer and Developer shall take
corrective action to reconstruct the mechanical equipment screening in order to cure the
deficiencies identified by the City Planner. Developer agrees that the City will not release
the security provided until Developer completes all such corrective measures.
13. PARK DEDICATION: The park dedication fees shall be paid at the City's standard rate as
set forth in Exhibit C.
14. PERFORMANCE STANDARDS: Developer agrees that the Property will be operated in a
manner meeting all applicable noise,vibration,dust and dirt,smoke,odor and glare laws and
regulations. Developer further agrees that the facility upon the Property shall be operated so
noise,vibration,dust and dirt,smoke,odor and glare do not go beyond the Property boundary
lines.
15. PREVIOUS DEVELOPMENT AGREEMENT: This Development Agreement
supersedes in its entirety the Development Agreement entered into on July 20,2004 between
Kleve Properties,LLC and the City of Eden Prairie(the"Prior Development Agreement").
Upon execution and filing of this Agreement the Prior Development Agreement is
terminated.
16. PIONEER TRAIL CONSTRUCTION: The Developer shall grant,at no cost to the City,
temporary construction easements necessary in City's judgement to construct the Pioneer
Trail Improvements with such temporary easements be in form and substance acceptable to
the City. In particular the temporary easements must cover such area as in the City's
judgement is necessary to construct the Pioneer Trail improvements. The temporary
easements shall expire upon issuance by City Engineer of a certificate final completion of the
construction of the Pioneer Trail improvements. Developer shall convey, at no cost to the
City, the temporary construction easements within 30 days of request by City.
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Kal Point Development Agreement
17. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code
requirements within the Community Commercial Zoning District through the Planned Unit
Development District Review for the Property and incorporates said waivers as part of PUD
(list PUD number):
Side yard parking setback from 10 feet to 0 feet along the common property line.
This waiver will allow for cross parking and access within the project area. Cross
parking and access agreements will be required prior to release of the building permit.
Floor Area and Base Area Ratio for Lot 2 of 0.22. City Code allows 0.2.
Lot 2 proposes a FAR and BAR of 0.22. Lot 1 provides for a FAR and BAR of less than
0.2 therefore the overall FAR/BAR for the project meets the 0.2 standard. City Code
requires each lot to meet the 0.2 standard.
Lot size for Lot 2 to 2.09 acres and for Lot 1 to 0.85 acres. City Code requires 5 acres.
Lot width for Lot 2 of 260 feet. City Code requires 300 feet.
Lot depth for Lot 1 of 259 feet. City Code requires 300 feet.
Minimum width at right of way for Lot 2 of 230 feet. City Code requires 300 feet.
18. REMOVAL/SEALING OF EXISTING WELL AND SEPTIC SYSTEMS: Prior to
issuance by City of any permit for grading or building on the Property, Developer shall
submit to the Chief Building Official and obtain the Chief Building Official's written
approval of plans for demolition and removal of existing septic systems and wells on the
Property, and restoration of the Property.
Prior to issuance by City of any permit for grading or building on the Property, Developer
shall complete the demolition and removal of existing septic systems and wells on the
Property and restore the Property pursuant to the approved plan.
Prior to such demolition or removal, Developer shall provide to the City a deposit in the
amount of$1000.00 to guarantee that Developer completes implementation of the approved
plan. The city shall return to Developer the $1000.00 deposit at such time as the Chief
Building Official has verified in writing that the Developer has completed implementation of
the approved plan.
19. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City
Code, Section 11.70,Developer shall file with the City Planner and receive the City Planner's
written approval of an application for a sign permit. The application shall include a complete
description of the sign and a sketch showing the size, location,the manner of construction,
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Kal Point Development Agreement
and other such information as necessary to inform the City of the kind, size, material
construction,and location of any such sign,consistent with the sign plan shown on the Plans
and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a.
20. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City
Planner and receive the City Planner's written approval of a plan for site lighting on the
Property. All pole lighting shall consist of downcast fixtures not to exceed 20 feet in height.
Developer shall complete implementation of the approved lighting plan prior to issuance of
any occupancy permit for the Property.
21. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of the final plat for the
Property,an assessment agreement,in the form and substance as attached in Exhibit D,shall
be signed by the owner(s)of the Property with the City for Pioneer Trail Improvements in the
amount of$121,000. The city shall reduce the Pioneer Trail assessments to the Property by
an amount to be determined by the City Engineer representing the costs of providing an
infiltration basin of sufficient size to for the calculated infiltration storage volume for
Pioneer Trail within the property.
22. TRASH: Developer agrees that all trash, trash receptacles and recycling bins shall at all
times be located inside of the building enclosures depicted on the Plans.
23. TREE LOSS-TREE REPLACEMENT: There are 29 diameter inches of significant trees
on the Property. Tree loss related to development on the Property is calculated at 29
diameter inches. Tree replacement is required at 39 caliper inches. Prior to the issuance of
any grading permit for the Property,Developer shall submit to the City Forester and receive
the City Forester's written approval of a tree replacement plan for 39 caliper inches.
This approved plan shall include replacement trees of a 2.5 caliper inch minimum size for a
shade tree and a 6-foot minimum height for conifer trees. The approved plan shall also
provide that, should actual tree loss exceed that calculated herein, Developer shall provide
tree replacement on a caliper inch per caliper inch basis for such excess loss.
Prior to issuance of any grading permit for the Property,Developer shall furnish to the City
Planner and receive the City Planner's approval of a tree replacement bond equal to 150%of
the cost of said improvements as required by City Code.
Developer shall complete implementation of the approved tree replacement plan prior to
occupancy permit issuance.
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Kal Point Development Agreement
IN WITNESS WHEREOF,the parties to this Agreement 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 ,2016,
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
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Kal Point Development Agreement
KAL STAY LLC
By
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of , 2016,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
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Kal Point Development Agreement
EXHIBIT A - KAL POINT DEVELOPMENT AGREEMENT
LEGAL DESCRIPTION PRIOR TO FINAL PLAT
Parcel 1:
Lot 1, Block 1, M & K Addition, Hennepin County; Minnesota.
Parcel 2:
The West 160 feet of the following described property:
That part of the East Half of the Northeast Quarter and the Northeast Quarter of the
Southeast Quarter of Section 27, Township 116,North of Range 22 West of the Fifth
Principal Meridian described as follows: Commencing on the North line of said Section
27 at a point 330 feet West of the Northeast corner of said Section, running thence South
parallel with the East line of said Section, 3300 feet to the South line of the North Half of
the Northeast Quarter of the Southeast Quarter of said Section 27; thence West 660 feet;
thence North 3300 feet; thence East 660 feet to the place of beginning lying North of the
North line of the South Quarter of the Northeast Quarter of Section 27 and South of the
Southerly line of Registered Land Survey No. 791.
Parcel 3:
Lot 1, Block 2, Augusta Addition, Hennepin County, Minnesota.
LEGAL DESCRIPTION FOLLOWING FINAL PLAT
Lots 1 and 2, Block 1, Kal Point, Hennepin County, Minnesota
13
Kal Point Development Agreement
EXHIBIT B - KAL POINT DEVELOPMENT
AGREEMENT
Phasing Site Plan dated 11/13/15 by Martin Woody Architects (PA1 of 1)
Site Plan dated 12/11/15 by Martin Woody Architects (Al of 5)
Floor Plan dated 11/5/15 by Martin Woody Architects (A2 of 5)
Elevations dated 12/16/15 by Martin Woody Architects (A3 of 5)
Elevations dated 11/5/15 by Martin Woody Architects (A4 of 4)
Cover Sheet dated 12/08/15 by Sambatek
Existing Conditions dated 12/08/15 by Sambatek
Preliminary Plat dated 12/16/15 by Sambatek
Civil Site Plan dated 12/08/15 by Sambatek
Grading Plan Interim dated 12/08/15 by Sambatek
Grading Plan Final dated 12/08/15 by Sambatek
Grading Plan Adjacent Topography dated 12/08/15 by Sambatek
Erosion Control Phase I dated 12/08/15 by Sambatek
Erosion Control Plan Phase II dated 12/08/15 by Sambatek
Erosion Control Details dated 12/08/15 by Sambatek
Utility Plan dated 12/08/15 by Sambatek
Construction Details dated 12/08/15 by Sambatek
Construction Details dated 12/08/15 by Sambatek
Landscape Plan dated 12/16/15 by Sambatek
Details and Notes dated 12/08/15 by Sambatek
Elevations Sheet A1.0 dated 12/9/15 by JNH
Elevations Sheet A1.1 dated 12/9/15 by JNH
Elevations Sheet A1.2 dated 12/9/15 by JNH
Elevations Sheet A1.3 dated 12/9/15 by JNH
Elevations Sheet A1.4 dated 12/9/15 by JNH
Elevations Sheet A1.5 dated 12/9/15 by JNH
Elevations Sheet A1.6 dated 12/9/15 by JNH
Elevations Sheet A1.7 dated 12/9/15 by JNH
Elevations Sheet A1.8 dated 12/9/15 by Author
14
Kal Point Development Agreement
EXHIBIT C
DEVELOPMENT AGREEMENT - KAL POINT
I. Prior to release of any building permit, Developer shall submit to the City Engineer for
approval two copies of a development plan(1"=100'scale) showing existing and proposed
contours,proposed streets,and lot arrangements and size,minimum floor elevations on each
lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100-
year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing
direction of storm water flow on all lots,location of walks,trails,and any property deeded to
the City.
II. Developer shall submit detailed construction and storm sewer plans to the Watershed District
for review and approval. Developer shall follow all rules and recommendations of said
Watershed District.
III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as
of the date of the issuance of each building permit for construction on the Property.
IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24)
months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose
the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide
Plan review approved in connection with this Agreement, thus restoring the status of the
Property before the Development Agreement and all approvals listed above were approved.
V. Provisions of this Agreement shall be binding upon and enforceable against the Property and
the Owners, their successors and assigns of the Property.
VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the
City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to
identify the legal description of the Property after platting thereof
VII. Developer represents that it has marketable fee title to the Property, except:
With respect to any interest in all portions of the Property which Developer is required,
pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"),
Developer represents and warrants as follows now and at the time of dedication or
conveyance:
A. That Developer has marketable fee title free and clear of all mortgages, liens, and
other encumbrances. Prior to final plat approval,Developer shall provide to the City
a current title insurance policy insuring such a condition of title.
15
Kal Point Development Agreement
B. That Developer has not used, employed, deposited, stored, disposed of, placed or
otherwise allowed to come in or on the Dedicated Property,any hazardous substance,
hazardous waste, pollutant, or contaminant, including, but not limited to, those
defined in or pursuant to 42 U.S.C. § 9601,et. seq.,or Minn. Stat., Sec. 115B.01,et.
seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as
"Hazardous Substances");
C. That Developer has not allowed any other person to use, employ, deposit, store,
dispose of,place or otherwise have,in or on the Property,any Hazardous Substances.
D. That no previous owner, operator or possessor of the Property deposited, stored,
disposed of, placed or otherwise allowed in or on the Property any hazardous
substances.
Developer agrees to indemnify, defend and hold harmless City, its successors and assigns,
against any and all loss,costs,damage and expense,including reasonable attorneys fees and
costs that the City incurs because of the breach of any of the above representations or
warranties and/or resulting from or due to the release or threatened release of Hazardous
Substances which were, or are claimed or alleged to have been,used, employed, deposited,
stored, disposed of, placed, or otherwise located or allowed to be located, in or on the
Dedicated Property by Developer, its employees, agents, contractors or representatives.
VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11,
Zoning,and Chapter 12, Subdivision Regulations,of the City Code and other applicable City
ordinances affecting the development of the Property. Developer agrees to develop the
Property in accordance with the requirements of all applicable City Code requirements and
City Ordinances.
IX. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years'
street lighting on the public streets adjacent to the Property(including installation costs, if
any, as determined by electrical power provider), engineering review, and street signs.
X. Developer shall submit detailed water main, fire protection, and emergency vehicle access
plans to the Fire Marshal for review and approval. Developer shall follow all the
recommendations of the Fire Marshal.
XI. Developer acknowledges that the rights of City performance of obligations of Developer
contemplated in this agreement are special, unique, and of an extraordinary character, and
that, in the event that Developer violates, or fails, or refuses to perform any covenant,
condition, or provision made herein, City may be without an adequate remedy at law.
Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform
any covenant, condition, or provision made herein, City may, at its option, institute and
16
Kal Point Development Agreement
prosecute an action to specifically enforce such covenant, withhold building permits or
rescind or revoke any approvals granted by the City. No remedy conferred in this agreement
is intended to be exclusive and each shall be cumulative and shall be in addition to every
other remedy. The election of anyone or more remedies shall not constitute a waiver of any
other remedy.
XII. Developer shall,prior to the commencement of any improvements,provide written notice to
Comcast of the development contemplated by this Development Agreement. Notice shall be
sent to Comcast Cable, 9705 Data Park, Minnetonka, Minnesota 55343.
XIII. Prior to building permit issuance,all fees associated with the building permit shall be paid to
the Inspections Department,including;Building permit fee,plan check fee,State surcharge,
metro system access charge(SAC),City SAC and City water access charge(WAC),and park
dedication. Contact Metropolitan Waste Control to determine the number of SAC units.
XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans,
existing structures, wells and septic systems (if present) shall be properly abandoned or
removed as required by City ordinance and all permits obtained through the Inspections
Department.
XV. Prior to building permit issuance,provide two copies of an approved survey or site plan(1"=
200 scale)showing proposed building location and all proposed streets,with approved street
names, lot arrangements and property lines.
XVI. The City shall not issue any building permit for the construction of any building,structure,or
improvement on the Property until all requirements listed in this Exhibit C have been
satisfactorily addressed by Developer.
XVII. No failure of the City to comply with any term,condition,covenant or agreement herein shall
subject the City to liability for any claim for damages, costs or other financial or pecuniary
charges. No execution on any claim, demand, cause of action or judgment shall be levied
upon or collected from the general credit, general fund or taxing powers of the City.
XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently
demarcate the location of the boundary of the conservation easement on each lot property
line or corner with permanent four-foot tall posts. A 2 '/2 by 6 inch sign or decal reading
"Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of
the post.
XIX. Within 10 days of the approval of the Development Agreement,the Developer shall record
the Development Agreement at the County Recorder and/or Registrar of Titles. The final
plat shall not be released until proof of filing of the Development Agreement is submitted to
the City.
17
Kal Point Development Agreement
XX. The City is hereby granted the option, but not the obligation, to complete or cause
completion in whole or part of all of the Developer's obligations under this Agreement for
which a bond, letter of credit, cash deposit or other security(hereinafter referred to as the
"Security")is required if the Developer defaults with respect to any term or condition in this
Agreement for which Security is required and fails to cure such default(s) within ten (10)
days after receipt of written notice thereof from the City;provided however if the nature of
the cure is such that it is not possible to complete the cure within ten (10) days, it shall be
sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer
acknowledges that the City does not assume any obligations or duties of the Developer with
respect to any such contract agreements unless the City shall agree in writing to do so.
The City may draw down on or make a claim against the Security,as appropriate,upon five
(5)business days notice to the Developer,for any violation of the terms of this Agreement or
if the Security is allowed to lapse prior to the end of the required term. If the obligations for
which Security is required are not completed at least thirty(30)days prior to the expiration of
the Security and if the Security has not then been renewed,replaced or otherwise extended
beyond the expiration date, the City may also draw down or make a claim against the
Security as appropriate. If the Security is drawn down on or a claim is made against the
Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all
costs and expenses, including attorneys' fee, incurred by the City in enforcing this
Agreement.
XXI. The Developer hereby grants the City, it's agents, employees, officers and contractors a
license to enter the Property to perform all work and inspections deemed appropriate by the
City in conjunction with this Agreement.
XXII. This Agreement is a contract agreement between the City and the Developer. No provision
of this Agreement inures to the benefit of any third person,including the public at large,so as
to constitute any such person as a third-party beneficiary of the Agreement or of any one or
more of the terms hereof, or otherwise give rise to any cause of action for any person not a
party hereto.
XXIII. Except as specifically authorized by the Director of Public Works,no permit shall be issued
for the Property until the Developer has recorded the final plat with Hennepin County
Recorder's Office/Registrar of Titles' Office.
18
Kal Point Development Agreement
EXHIBIT D
DEVELOPMENT AGREEMENT - KAL POINT
AGREEMENT REGARDING SPECIAL ASSESSMENTS
THIS IS AN AGREEMENT MADE THIS day of ,2016,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 and
requires the construction of the following public improvements:
(1) Street and utility improvements adjacent to the Property(which is hereafter
referred to as "Pioneer Trail Improvements").
C. The parties hereto desire to enter into an Agreement concerning the financing of the
construction of the Pioneer Trail 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 for the
construction, and maintenance of the Pioneer Trail Improvements as follows:
a). The Property will be assessed for Pioneer Trail Improvements in an amount not to
exceed$121,000 in accordance with the Feasibility Study pursuant to Minnesota Statutes Chapter
429. The assessment shall be levied for a term of 20 years.
2. The City will prepare a Feasibility Report that shows proposed costs to be assessed
against the Property and additional amounts to other lands for the Pioneer Trail Improvements. The
19
Kal Point Development Agreement
actual cost to be assessed against the Property for the Pioneer Trail Improvements may differ from
the amount in the Feasibility Report. Actual cost to be assessed against the Property for the Pioneer
Trail Improvements shall be determined in the same manner as reported in the Feasibility Report
prepared with respect to these improvements.
3. For purposes of determining the amount of the assessments,the costs of the Pioneer
Trail Improvements shall include, in addition to actual construction costs, administrative, interest
and engineering costs and fees incurred or paid by the City in relationship to construction of the
Pioneer Trail Improvements and costs incurred for acquisition of easements and or right-of-way
including attorney fees.
4. The City's assessment records for the Property will show the assessments as a
"pending assessment"until levied.
5. The Owner waives notice of any assessment hearing to be held at which hearing or
hearings the assessment is to be considered by the City Council and thereafter approved and levied.
6. The Owner concurs that the benefit to the Property by virtue of the Improvements to
be constructed exceeds the amount of the assessment to be levied against the Property, so long as
the assessments do not exceed$121,000. The Owner waives all rights it has by virtue of Minnesota
Statute 429.081 or otherwise to challenge the amount or validity of the assessments, or the
procedures used by the City in apportioning the assessments and hereby releases the City, its
officers, agents and employees from any and all liability related to or arising out of the imposition
or levying of the assessments.
7. This agreement shall be effective immediately.
8. 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.
9. This Agreement constitutes a lien upon the Property in the amount of$121,000 until
such time as the assessments referred to above are levied.
20
Kal Point Development Agreement
IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to
be executed as of the day and year aforesaid.
OWNER:
By: NOT TO BE SIGNED
Its: NOT TO BE SIGNED
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of , 2016, by
, the of
, a on behalf of the .
Notary Public
21
Kal Point Development Agreement
CITY OF EDEN PRAIRIE
NOT TO BE SIGNED
Nancy Tyra-Lukens, Mayor
_NOT TO BE SIGNED
Rick Getschow, City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of , 2016, by
Nancy Tyra-Lukens and Rick Getschow, respectively the Mayor and City Manager of the City of
Eden Prairie, a Minnesota municipal corporation, on behalf of the city.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55344
22
Kal Point Development Agreement
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 8, 2016
DEPARTMENT/DIVISION: ITEM DESCRIPTION: IEM NO.: VIII.E.
Randy L. Slick Final Plat Report of Kal Point
Public Works/Engineering
Requested Action
Move to: Adopt the resolution approving the final plat of Kal Point.
This proposal is for the plat located at 13105, 13075 and 10345 Pioneer Trail. This two lot 2.98
acre commercial development consists of two retail buildings and right-of-way dedication for
street purposes. This is a replat of Lot 1, Block 1, M &K Addition and Lot 1, Block 2, Augusta
Addition.
Background Information
The preliminary plat was approved by the City Council on January 19, 2016. Second reading of
the Rezoning Ordinance and final approval of the Developer's Agreement will be completed on
March 8, 2016.
Approval of the final plat is subject to the following conditions:
• Receipt of engineering fee in the amount of$506.60
• Receipt of street lighting fee in the amount of$801.90
• Prior to release of the final plat, Developer shall execute the Special Assessment
Agreement for Pioneer Trail improvements in the amount of$121,000.00
• Prior to the release of the final plat, Developer shall provide a Cross Access Easement,
Private Utility and Maintenance Agreement.
• The requirements as set forth in the Developer's Agreement.
• Prior to release of the final plat, Developer shall provide to the City a current title
insurance policy.
• Revision to plat shall include minimum 10' drainage and utility easement along all public
right of way.
• Prior to release of final plat, Developer shall submit a 1"=200' scale reduction of final
plat.
Attachments
Resolution
Drawing of final plat
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2016-
A RESOLUTION APPROVING FINAL PLAT OF KAL POINT
WHEREAS, the plat of Kal Point has been submitted in a manner required for platting land under
the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all
proceedings have been duly had thereunder, and
WHEREAS, said plat is in all respects consistent with the City plan and the regulations and
requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council:
A. Plat approval request for Kal Point is approved upon compliance with the
recommendation of the Final Plat Report on this plat dated March 8,2016.
B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the
owners of the subdivision of the above named plat.
C. That the Mayor and City Manager are hereby authorized to execute the certificate of
approval on behalf of the City Council upon compliance with the foregoing provisions.
ADOPTED by the Eden Prairie City Council on March 8, 2016.
Nancy Tyra-Lukens, Mayor
ATTEST: SEAL
Kathleen Porta, City Clerk
KAL POINT R.T.DOC,NO.
C.R.DOC.NO.
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SAMBATEK,INC.
ENGINEERING,PLANNING
AND LAND SURVEYING
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 8, 2016
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VTIT.F.
Bill Olmschenk Adopt Resolution Supporting
Parks and Recreation Application for Funding for Trail and
Sidewalk Extensions on Valley View Rd.
from Tartan Curve to County Rd. 101
Requested Action
Move to: Adopt the Resolution supporting an application for funding for trail and sidewalk
extensions on Valley View Rd. from Tartan Curve to County Road 101.
Synopsis
The Hennepin County Capital Improvement Plan (HCCIP) 2016 Bikeway and Sidewalk
Participation Program is a grant program to assist in funding the development and
implementation of bikeway and sidewalk projects that extend the system of bikeways and
sidewalks projects within Hennepin County. The Trail and Sidewalk Extensions on Valley View
Rd. from Tartan Curve to County Road 101 project is a strong candidate for this funding. The
resolution provides the City's endorsement of the application and its commitment to fund the
project if selected.
Background Information
The HCCIP 2016 Bikeway and Sidewalk Participation Program is an effort by Hennepin County
to fund bikeway and sidewalk improvement projects that provide pedestrian safety at
intersections, provide ADA compliant facilities, support local plans, and support the
implementation of the Hennepin County Transportation Systems Plan including the Hennepin
County Complete Streets Policy, and the Hennepin County 2040 Bicycle Transportation Plan.
The HCCIP 2016 Bikeway and Sidewalk Participation Program has a $100,000 maximum
award. If this project is successful in receiving a grant award it will be used to help fund the trail
and sidewalk extensions on Valley View Rd. from Tartan Curve to County Road 101. This
improvement is needed to complete the sidewalk and trail system along the western most
segment of Valley View Road. A graphic showing the proposed location of the sidewalk is
attached.
Financial Implications
The total project cost of the Trail and Sidewalk Extensions on Valley View Rd. from Tartan
Curve to County Road 101 is currently estimated at $240,000. This grant would provide
$100,000 and the remaining $140,000 would be the responsibility of the City. The actual City
funding has not been determined; however, potential sources include the CIP, the Transportation
Trails/Sidewalk Fund and Municipal State Aid.
Attachments
• Resolution
• Map of Project
1 i�lt' ..��a :; n
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VALLEY VIEW ROAD — TARTAN CURVE TO W. 192ND AVE. (HWY 101 )
Legend PROPOSED TRAIL AND SIDEWALK
Proposed Sidewalk
N E D E N
Proposed Trail
Existing Sidewalk 0 60 120 240 PRAIRIEFeet
Existing Trail
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2016-
SUPPORT FUNDING APPLICATION FOR TRAIL AND SIDEWALK EXTENSION ON
VALLEY VIEW RD. FROM TARTAN CURVE TO COUNTY ROAD 101
WHEREAS, the City Council of the City of Eden Prairie is the official governing body of the
City of Eden Prairie; and
WHEREAS, the Hennepin County Capital Improvement program has made funding available to
communities for bikeway and sidewalk projects that extend the bikeway and sidewalk network
within Hennepin County; and
WHEREAS, the Trail and Sidewalk project on Valley View Rd from Tartan Curve to State Hwy
101 will provide pedestrian safety, support local plans, and support the implementation of the
Hennepin County Transportation Systems Plan including the Hennepin County Complete Streets
Policy; and
WHEREAS, the Hennepin County Capital Improvement Plan 2016 Bikeway Participation
Program provides up to $100,000 in capital assistance for bikeway improvement projects; and
WHEREAS, the Hennepin County Capital Improvement Plan 2016 Bikeway Participation
Program would complement local funding to allow for the extension of the trail system along the
north and south side of Valley View Road between Tartan Circle and County Road 101.
NOW, THEREFORE, BE IT RESOLVED that the Eden Prairie City Council does hereby
support actively pursuing Hennepin County Capital Improvement Plan 2016 Bikeway
Participation Program funds; and
BE IT FURTHER RESOLVED that if awarded funding from the Hennepin County Capital
Improvement Plan 2016 Bikeway Participation Program, the City of Eden Prairie agrees to
commit funding to provide for the completion of the project.
ADOPTED by the Eden Prairie City Council on March 8, 2016.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 8, 2016
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.G.
Bill Olmschenk Adopt Resolution Supporting Application for
Parks and Recreation Funding for Trail Extension on Valley View
Rd. from 9977 Valley View Rd. to Washington
Ave. S.
Requested Action
Move to: Adopt the Resolution supporting application for funding for a trail extension on
Valley View Rd. from 9977 Valley View Rd. to Washington Ave. S.
Synopsis
The Hennepin County Capital Improvement Plan (HCCIP) 2016 Bikeway and Sidewalk
Participation Program is a grant program to assist in funding the development and
implementation of bikeway and sidewalk projects that extend the system of bikeways and
sidewalks projects within Hennepin County. The Trail and Sidewalk Extensions on Valley View
Rd. from 9977 Valley View Rd. to Washington Ave. S. is a strong candidate for this funding.
The resolution provides the City's endorsement of the application and its commitment to fund
the project if selected.
Background Information
The HCCIP 2016 Bikeway and Sidewalk Participation Program is an effort by Hennepin County
to fund bikeway and sidewalk improvement projects that provide pedestrian safety at
intersections, provide ADA compliant facilities, support local plans, and support the
implementation of the Hennepin County Transportation Systems Plan including the Hennepin
County Complete Streets Policy, and the Hennepin County 2040 Bicycle Transportation Plan.
The HCCIP 2016 Bikeway and Sidewalk Participation Program has a $100,000 maximum
award. If this project is successful in receiving a grant award it will be used to help fund the trail
extension on Valley View Rd. from 9977 Valley View Rd. to Washington Ave S. This
improvement is needed to complete the trail system along the southern section of Valley View
Road, where a gap in the system lies today. A graphic showing the proposed location of the
sidewalk is attached.
Financial Implications
The total project cost of the Trail and Sidewalk Extensions on Valley View Rd. from 9977
Valley View Rd. to Washington Ave. S. is currently estimated at$200,000. This grant would
provide $100,000 and the remaining $100,000 would be the responsibility of the City. The actual
City funding has not been determined; however,potential sources include the CIP, the
Transportation Trails/Sidewalk Fund and Municipal State Aid.
Attachments
• Resolution
• Map of Project
. • .--1414‘.101
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VALLEY VIEW ROAD - GOLDEN TRIANGLE DR. TO WASHINGTON AVE.
Legend PROPOSED TRAIL
Proposed Sidewalk
N E D E N
Proposed Trail
Existing Sidewalk 0 90 180 360 Feet PRAIRIE
Existing Trail
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2016-
SUPPORT FUNDING APPLICATION FOR TRAIL EXTENSION ON SOUTH SIDE OF
VALLEY VIEW RD. FROM 9977 VALLEY VIEW ROAD TO WASHINGTON AVE S.
WHEREAS, the City Council of the City of Eden Prairie is the official governing body of the
City of Eden Prairie; and
WHEREAS, the Hennepin County Capital Improvement program has made funding available to
communities for bikeway and sidewalk projects that extend the bikeway and sidewalk network
within Hennepin County; and
WHEREAS, the Trail and Sidewalk project on the south side of Valley View Rd. from 9977
Valley View Rd. to Washington Ave. S., will provide pedestrian safety, support local plans, and
support the implementation of the Hennepin County Transportation Systems Plan including the
Hennepin County Complete Streets Policy; and
WHEREAS, the Hennepin County Capital Improvement Plan 2016 Bikeway Participation
Program provides up to $100,000 in capital assistance for bikeway improvement projects; and
WHEREAS, the Hennepin County Capital Improvement Plan 2016 Bikeway Participation
Program would complement local funding to allow for the extension of the trail system along the
south side of Valley View Road from 9977 Valley View Rd. to Washington Ave. S..
NOW, THEREFORE, BE IT RESOLVED that the Eden Prairie City Council does hereby
support actively pursuing Hennepin County Capital Improvement Plan 2016 Bikeway
Participation Program funds; and
BE IT FURTHER RESOLVED that if awarded funding from the Hennepin County Capital
Improvement Plan 2016 Bikeway Participation Program, the City of Eden Prairie agrees to
commit funding to provide for the completion of the project.
ADOPTED by the Eden Prairie City Council on March 8, 2016.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda March 8, 2016
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.H.
Community Development: Resolution authorizing application to the
David Lindahl Department of Employment and Economic
Development's Minnesota Investment Fund
for Climatech
Requested Action
Move to: Adopt resolution authorizing application to the Department of Employment and Economic
Development(DEED) for a $480,000 forgivable loan to Climatech through DEED's Minnesota Investment
Fund(MIF).
Synopsis
Climatech plans to invest about $1,300,000 to renovate their building at 6950 Washington Ave. S. in Eden
Prairie, and purchase new equipment. To help offset these costs they are pursuing a$480,000 forgivable
loan(grant)through the Department of Employment and Economic Development's (DEED) Minnesota
Investment Fund(MIF). This program requires the City to apply for the loan and behalf of the business and
act as the conduit between DEED and the business. DEED requires the City where the qualifying business
is located to hold a public hearing before submitting an application.
Background
Climatech is a 100% employee-owned business that manufactures plastic profile extrusions and
fabricates die-cut components of flexible materials. Climatech has continued to grow, diversify and evolve.
Three of the four existing divisions have more than doubled in the last five years. Two new distribution
divisions were also established due to demand driven by strategic partnerships with suppliers providing
value-add products to existing customers. For the past Forty years, Climatech has been located in Hopkins,
MN. Climatech has a purchase agreement for 6950 Washington Avenue S., Eden Prairie, and will be
moving 100% of its operations to the new Eden Prairie location. The funds received through the MIF will
assist Climatech in purchasing new equipment. Climatech anticipates creating 20-30 new jobs with the
move to the new facility in Eden Prairie.
Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2016-
A RESOLUTION AUTHORIZING APPLICATION TO THE DEPARTMENT OF
EMPLOYMENT AND ECONOMIC DEVELOPMENT'S (DEED)MINNESOTA
INVESTMENT FUND (MIF) PROGRAM
BE IT RESOLVED that the City of Eden Prairie (Applicant) act as the legal sponsor for the project
contained in the Minnesota Investment Fund Application to be submitted on March 3,2016 and that the
Mayor and City Manager on behalf of the City are hereby authorized to apply to the Department of
Employment and Economic Development for funding of this project on behalf of the City of Eden
Prairie; and
BE IT FURTHER RESOLVED that the City of Eden Prairie has the legal authority to apply for
financial assistance, and the institutional, managerial, and financial capability to administer the
proposed project; and
BE IT FURTHER RESOLVED that the City of Eden Prairie has not incurred any costs and has not
entered into any written agreements to purchase property; and
BE IT FURTHER RESOLVED that the City of Eden Prairie has not violated any Federal, State, or
local laws pertaining to fraud,bribery,kickbacks, collusion, conflict of interest or other unlawful or
corrupt practice; and
BE IT FURTHER RESOLVED that upon approval of its application by the State,the City of Eden
Prairie may enter into a grant contract with the State of Minnesota for the project, and that the City of
Eden Prairie certifies that it will comply with all applicable laws, statutes,regulations and rules as
stated in the Grant Contract and described in the Project Compliance Certification of the Application;
and
AS APPLICABLE, BE IT FURTHER RESOLVED that the City of Eden Prairie has obtained credit
information from Climatech. Upon review by the City of Eden Prairie,no adverse findings or concerns
regarding,but not limited to,tax liens,judgments, court actions, and filings with state, federal and other
regulatory agencies were identified. Failure to disclose any such adverse information could result in
revocation or other legal action.
BE IT RESOLVED,that the Mayor and City Manager, or their successors in office, are hereby
authorized to execute the Grant Contract, and amendments,thereto, as are necessary to implement the
project on behalf of the applicant.
ADOPTED by the City Council of the City of Eden Prairie on this 8th day of March, 2016.
Nancy Tyra-Lukens,Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE: March 8, 2016
SECTION: CONSENT
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.I.
Community Development/ Verizon —License Amendment No. 1 at
Planning the 8080 Mitchell Road
Janet Jeremiah/Steve Durham
Requested Action
Move to:
• Adopt the Resolution for the Verizon small cell roof antenna at 8080 Mitchell Road -
Amendment No. 1 to License Agreement.
• Execute License Amendment No. 1.
Synopsis
Verizon requests an amendment to alter exhibits B and C of the License Agreement dated 10-06-
15 with revised exhibits B 1 and B2. The original plans included placing cables associated with
the roof antenna on the roof. The revised plans include placing the cables associates with the roof
antenna within the building.
Background
The City entered into a License Agreement with Verizon on October 6, 2015. The term of
License agreement is for 5 years with the option of an additional 5 years for a total License
period of 10 years.
In late 2014 the Information Technology Manager indicated there was a Wireless
Telecommunication coverage problem on the City Center site, specifically the Police Department
parking lot. Verizon Wireless offered a "small cell site" solution for the City Center which
included two (2) antenna sites mounted to the roof to improve coverage. A plan and License
Agreement was reached in October of 2015.
City Staff included in review of this project include Building Department, Facilities, Information
Technologies and Planning Department.
Recommendation
The Director of Community Development recommends approval of the License Amendment No.
1.
Attachments
1. Resolution for License Amendment No.1
2. Amendment No.1 to License Agreement
AMENDMENT NO. 1 TO COMMUNICATION FACILITIES LICENSE
AGREEMENT
City Hall
This Amendment No. 1 to Communications Facilities Agreement ("Amendment") is
between the City of Eden Prairie, 8080 Mitchell Road, Eden Prairie, MN 55344, a Minnesota
municipal corporation hereinafter referred to as "Grantor," and Verizon Wireless (VAW) LLC
d/b/a Verizon Wireless, with its principal offices at One Verizon Way, Mail Stop 4AW 100,
Basking Ridge, New Jersey 07920 (telephone number 866-862-4404), hereinafter referred to as
"Grantee." Grantor and Grantee arc referred to collectively herein as (the "Parties").
RECITALS:
A. Grantor and Grantee are parties to a Communications Facilities Agreement dated October
6, 2015 (the "Agreement")whereby Grantor granted a non-exclusive license to Grantee to
use portions of Grantor's property and building described in the Agreement for the
purpose of constructing, operating, and maintaining a communications facility.
R. Grantor and Grantee desire to amend the Agreement to provide for a revised fiber route.
NOW, THEREFORE,the Parties agree as follows:
I. Revised Fiber Route. Exhibits B and C of the Agreement are hereby deleted in their
entirety and replaced with Exhibits B-1 and C-1, which are attached hereto and made a
part hereof.
2. Ratification of the Agreement. Except as specifically modified by this Amendment, the
parties agree that all of the terms and conditions of the Agreement are in full force and
effect and remain unmodified, and the parties hereby ratify and reaffirm the terms and
conditions of the Agreement and agree to perform and comply with the same. In the
event of a conflict between any term or provision of the Agreement and this Amendment,
the terms and provisions of this Amendment shall control.
[Signature Page Follows]
1
MIN EPPD SC
AMENDMENT NO. 1 TO COMMUNICATION FACILITIES LICENSE AGREEMENT
2990786v1
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective
seals the day and year written below.
GRANTOR
CITY OF EDEN PRAIRE
Date: ,201_ By:
Nancy Tyra-Lukens,Mayor
By:
Rick Getschow, City Manager
GRANTEE
Verizon Wireless (YAW) LLC
d/bla Verizon Wireless
Date: ,201_ By:
Name:
Its:
2
MIN EPPD SC
AMENDMENT NO, 1 TO COMMUNICATION FACILITIES LICENSE AGREEMENT
299D786vl
EXHIBIT B-1
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3
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CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2016-
A RESOLUTION GRANTING AMENDMENT NO. 1 TO COMMUNICATION
FACILTIES LICENSE AGREEMENT AT THE CITY CENTER SITE 8080 MITCHELL
ROAD, EDEN PRAIRIE, MINNESOTA
WHEREAS, Verizon Wireless, in collaboration with the City of Eden Prairie,
entered into a License Agreement with the City on October 6, 2015 to improve wireless
communication for the Police Department and Public Safety communication; and
WHEREAS, Placement of communication antennae will be on the City Center roof top;
and
WHEREAS,Verizon has requested an Amendment to the License Agreement to reflect a
change from placement of cables on the City Center roof to the interior of the building; and
WHEREAS, The City of Eden Prairie and Verizon Wireless have agreed to terms for a
new Communication Facilities License Agreement at the 8080 Mitchell Road, Eden Prairie
Minnesota, City Center Building, for a term of five (5) years beginning on October 6, 2015, with
an option to extend the Agreement for one (1) additional five (5) year term; and
WHEREAS, the City Council has reviewed said request at a public meeting on March 8,
2016.
NOW, THEREFORE,BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF EDEN PRAIRIE,that the Amendment No. 1 to the Communication
Facilities License Agreement between the City of Eden Prairie and Verizon Wireless with an
amendment date of March 8, 2016 is approved and the Mayor and City Manager are authorized
to execute the Amendment.
ADOPTED by the City Council of the City of Eden Prairie this 8th day of March, 2016.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 8, 2016
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.J.
Office of City Manager/ Declare Obsolete Computer Equipment as
Information Technology Surplus
Aditi Salunke, IT Manager
Requested Action
Move to: Declare obsolete equipment as surplus and authorize the City Manager to dispose
of property to manage end of life computers, monitors and electronics using
Minnesota Computer's services and the State of Minnesota as authorized under
City Code Section 2.86, Subd. 3.
Synopsis
The City has a surplus of obsolete computer equipment. The equipment is of no use and will be
recycled. The City will pay a State Contract fee to Dynamic Recycling to pick up and dispose of
obsolete equipment.
All equipment will be disposed of as authorized by City Code Section 2.86, Subd. 3.
Attachment
List of surplus equipment
Speaker Atlas FA97-6
Speaker Atlas FA97-6
Speaker Atlas FA97-6
Speaker Atlas FA97-6
Projector Sony XGA VPL-TX70
Amplifier TOA A-901A
VCR Panasonic PV-7451
VCR Panasonic PV-7451
TV Samsung VM3105
TV Protron PLTV-32C
Computer Panasonic CF-30KCP542M
Computer Panasonic CF-30KCP542M
Computer Panasonic CF-30KCP542M
Computer Panasonic CF-30KCP542M
Computer Panasonic CF-30KCP542M
Computer Panasonic CF-30KCP542M
Computer Panasonic CF-30KCP542M
Computer Panasonic CF-30FQSAAAM
Computer Panasonic CF-30FQSAAAM
Computer Panasonic CF-30FQSAAAM
Computer Panasonic CF-30KCP542M
Computer Panasonic CF-30CCQ91BM
Network Adapter Novatel Wireless PC770
Network Adapter Novatel Wireless PC770
Network Adapter Novatel Wireless PC770
Network Adapter Novatel Wireless PC770
Network Adapter Novatel Wireless PC770
Network Adapter Novatel Wireless PC770
Network Adapter Novatel Wireless PC770
Network Adapter Novatel Wireless PC770
Video Distributor Panasonic AG-DA75c
Camera Vadio CelingviewHD
Video Switch Vadio Quick Connect CV HD/SD
Video Switch Extron P/2 DA2xi
Microphone Station Clear-Corn MR-102A
VGA Amplifier Extron P/2 DA6xi
VGA Amplifier Extron P/2 DA6xi
Projector Mitsubishi XL1U
Monitor Panasonic CT-1030M
Monitor Dell 1707FPT
Monitor Dell E157FPb
Monitor Dell E157FPb
Monitor Dell E157FPb
Monitor Dell E157FPb
Monitor Dell E157FPb
Monitor NEC LCD1570NX
Monitor NEC LCD1570NX
Monitor NEC LCD1570NX
Monitor NEC LCD1570NX
Monitor NEC LCD1570NX
Monitor NEC LCD1570NX
Monitor NEC LCD1570NX
Recorder Phillips LFH720
Phone Mitel Superset430
Phone Mitel Superset430
Phone Mitel Superset430
Heat Sink Intel DTC-CAA06
Microphone RadioShack
Phone Mitel 5312 IP
Speaker CA CA-2100
Headset GN Netcom MPA 2
Headset GN Netcom MPA 2
Call Blocker Digitone Call Blocker 10
Headset Plantronics
Phone Cetis HAC AEGIS 2010D
Phone Mitel Superset2
Headset Starkey Laboratories E-4
Phone Mitel Superset 420
Phone Mitel Superset 4015
Phone Mitel Superset420
Phone Mitel Superset 4015
Phone AT&T
Phone Mitel Superset 4015
Phone Mitel Superset 2
Phone AT&T Y070913016924306
Phone Premier
Phone Premier
Phone Premier
Phone Comdial
Phone AT&T
Phone AT&T
Phone Mitel Superset2
Phone Mitel Superset2
Phone Mitel Superset2
Phone Mitel Superset2
Phone Mitel Superset2
Phone Mitel Superset2
Laptop HP G60
Laptop Dell Inspiron E1505
Laptop HP Compaq 6710b
Laptop Dell Latitude PPO1L
Laptop Acer 3004WLMi
Laptop Toshiba Satellite L645D
Computer Dell Inspiron
Computer E Machines 333id
Computer Dell
Computer e Machines T3985
Computer Acer Aspire
TV Sony KDL37M4000
TV Sony KDL37M4000
Printer Dell P1500
Phone Node Mitel SX2000
Printer Ricoh AC205
Printer Ricoh AC205
Computer Dell Optiplex GX280
UPS Liebert GXT2-1000RT120
Laptop Acer Aspire D255
Exercise Equipment New Leaf Active Metabolic Training System
TV Panasonic TH-50PHD8UK
TV Panasonic TH-50PHD8UK
Printer HP Deskjet6940
Printer HP Deskjet6940
Printer HP Officejet Pro K850
Monitor Crestron TPMC-17-QM
DVR Pelco DS Xpress
Computer HP Elite 8100 SFF
Computer HP Elite 8100 SEE
Computer HP Elite 8000 SFF
Computer HP Elite 8000 SFF
Computer HP Elite 8000 SFF
Computer HP Elite 8000 SFF
Computer HP Elite 8000 SFF
Computer HP Elite 8000 SFF
Computer HP Elite 8300 SFF
Computer HP Elite 8200 SFF
Printer HP Deskjet6940
Computer HP Elite 8000 SFF
Computer HP Elite 8000 SFF
Computer HP Elite 8000 SFF
Computer HP Elite 8000 SFF
Computer HP Elite 8300 SFF
Computer HP DC7900 SFF
Computer HP DC7900 SFF
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Thermal Printer Samsung SRP-350P
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Thermal Printer Bixolon SRP-350PG
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Speaker Panasonic TY-SP50P5-K
Copier Ricoh Aficio FAXS000L
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Concentrator DIGI AnywhereUSB/5 W932F9741
Speaker Panasonic TY-SP50P5-K M840309
CITY COUNCIL AGENDA
DATE:
SECTION: Consent Calendar March 8, 2016
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.K.
Aditi Salunke, IT Manager New Trimble for Parks and Recreation
Requested Action
Move to: Approve quote for new trimble for Parks and Recreation for$21,180.08
Synopsis
Parks and Recreation requires a new trimble to conduct surveys, locate city's parks and property
boundaries and to inventory Park Utilities (gas, electric, storm, irrigation, communication, signs
etc.).
Staff has worked with Frontier Precision and has chosen the Trimble R2 with Tablet Rugged PC.
This trimble will:
• Replace out-of-date, worn equipment
• Provide up to date technology and high accuracy
• Increase field efficiency
• Streamline the data collection process with new cloud-based technology that minimizes
downtime and is instantly backed up
The Frontier Precision quote reflects MN State Contract pricing.
Attachment
Quote from Frontier Precision
'mot,
FRIZ,,iNTIEP
PRECIS! N Quote
fie o Ted-nary F.,Derrq
Quote # 4278
Date 2/3/2016
Frontier Precision, Inc.
10900 73rd Ave North# 120
Maple Grove, MN 55369
763.496.1366
Bill To: Ship To:
BETH/ENGINEERING BETH/ENGINEERING
CITY OF EDEN PRAIRIE CITY OF EDEN PRAIRIE
8080 MITCHELL ROAD 8080 MITCHELL ROAD
EDEN PRAIRIE, MN 55344 EDEN PRAIRIE, MN 55344
Expires Sales Rep i Location Contact Name • Phone# = Email Ed
311912016 151 WITTENBERG,JACOB 06-Maple Grove Dan Sletten 952.949.8476 dsletten@edenprairie.org
Item Number Description Qty Price Tax% Ext.Price
TRMR2-001-14 R2 RTK ROVER,GPSIGLOIGALIBEI,NMEA,PART# 101071-00-01 - 1 10,795.00 0.0% 10,795.00
POWER SUPPLY SOLD SEPARATELY.
TRM101071-00-01 R2 ACCESSORY KIT-POWER SUPPLY&POWER CORD FOR CHARGER 1 85.00 0.0% 85.00
TRM90723.00 YUMA 2 RUGGED TABLET COMPUTER WI3G WWAM 1 3,280.00 0.0% 3,280.00
TRM93315-00 YUMA 2 POLE MOUNT 1 202.50 0.0% 202.50
TRM43169.00 CARBON FIBER 2M RANGE POLE WIBIPOD 1 467.78 0.0% 467.78
TRM69742-00 TABLET ACCES.SUR-OFFICE DOCKING STATION,INCL.INTER 1 707.80 0.0% 707.80
NATION POWER SUPPLY
Miscellaneous Trimble Heavy Duty Transport case(single receiver)TRM106170-00 1 405.00 0.0% 405.00
TRM100202 TERRAFLEX ADV SUBSCRIPTION(12 MOS.) 1 360.00 0.0% 0.00
TerraFlex Promotional Offer:First 12 month activation free with
purchase of a Trimble R2 GNSS receiver.
TRMTAB-01-1100 Trimble Tablet Rugged PC,w/Trimble Access,Extended Batteries,No 1 5,845.00 0.0% 5,845.00
Radio
TRM-Trade-in-Survey Trimble Trade-in Promotion-TSC2 1 (900.00) 0.0% (900.00)
TRM91487.00 Trimble Tablet Range Pole Bracket 1 292.00 0.0% 292.00
Quote pricing reflects Minnesota State Contract 87135—Release S934-15) Total $21,180.08
Approved By: Signature:
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda March 8, 2016
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.L.
Sue Kotchevar, Office of the Resolution for reimbursement of prior
City Manager expenditures
Requested Action
Move to: Adopt Resolution declaring the City's official intent to reimburse itself for prior
expenditures out of the proceeds of a subsequently issued series of bonds.
Synopsis
IRS regulations require that a City make a declaration of its official intent to reimburse itself for
prior expenditures out of the proceeds of a subsequently issued series of bonds and that the
expenditures reimbursed be capital expenditures or costs of issuance of the bonds. With this
resolution, the City is declaring its intent to issue bonds for the Town Center Water Tower
Recoating Project.
Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2016-
RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED
PROJECTS TO BE UNDERTAKEN BY THE CITY;
ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND
REGULATIONS UNDER THE INTERNAL REVENUE CODE
BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota(the
"City"), as follows:
1. Recitals.
(a) The Internal Revenue Service has issued Section 1.150-2 of the Income Tax
Regulations (the "Regulations") dealing with the issuance of bonds, all or a
portion of the proceeds of which are to be used to reimburse the City for project
expenditures made by the City prior to the date of issuance.
(b) The Regulations generally require that the City make a declaration of its official
intent to reimburse itself for such prior expenditures out of the proceeds of a
subsequently issued series of bonds within 60 days after payment of the
expenditures, that the bonds be issued and the reimbursement allocation be made
from the proceeds of such bonds within the reimbursement period(as defined in
the Regulations), and that the expenditures reimbursed be capital expenditures or
costs of issuance of the bonds.
(c) The City desires to comply with requirements of the Regulations with respect to
certain projects hereinafter identified.
2. Official Intent Declaration.
(a) The City proposes to undertake the following project or projects and to make
original expenditures with respect thereto prior to the issuance of reimbursement
bonds, and reasonably expects to issue reimbursement bonds for such project or
projects in the maximum principal amounts shown below:
Project Maximum Amount of Bonds
Expected to be Issued for Project
Town Center Water Tower Recoating Project $1,500,000
(b) Other than(i) de minimis amounts permitted to be reimbursed pursuant to Section
1.150-2(f)(1) of the Regulations or(ii) expenditures constituting preliminary
expenditures as defined in Section 1.150-2(f)(2) of the Regulations, the City will
not seek reimbursement for any original expenditures with respect to the
-1-
foregoing projects paid more than 60 days prior to the date of adoption of this
resolution. All original expenditures for which reimbursement is sought will be
capital expenditures or costs of issuance of the reimbursement bonds.
3. Budgetary Matters. As of the date hereof, there are no City funds reserved, pledged,
allocated on a long term basis or otherwise set aside (or reasonably expected to be
reserved,pledged, allocated on a long term basis or otherwise set aside)to provide
permanent financing for the original expenditures related to the projects, other than
pursuant to the issuance of the reimbursement bonds. Consequently, it is not expected
that the issuance of the reimbursement bonds will result in the creation of any
replacement proceeds.
4. Reimbursement Allocations. The City's financial officer shall be responsible for making
the "reimbursement allocations" described in the Regulations,being generally the
transfer of the appropriate amount of proceeds of the reimbursement bonds to reimburse
the source of temporary financing used by the City to make payment of the original
expenditures relating to the projects. Each reimbursement allocation shall be made within
30 days of the date of issuance of the reimbursement bonds, shall be evidenced by an
entry on the official books and records of the City maintained for the reimbursement
bonds and shall specifically identify the original expenditures being reimbursed.
ADOPTED by the City Council on March 8, 2016.
Nancy Tyra-Lukens, Mayor
(Seal)
ATTEST:
Kathleen Porta, City Clerk
-2-
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 8, 2016
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.M.
George Esbensen, Fire Chief Approve Purchase of Nice NG-911 redundant
Phone Logger System
Requested Action
Move to: Approve purchase of Nice NG-911 redundant phone logger system to Motorola solutions
Inc. for$ 72,057.
Synopsis
Replace existing equipment and add redundancy. Nice logger was sole source 3rd party approved vendor
for Motorola Solutions.
Attachment
Contract&Exhibits
Standard Agreement for Contract Services
This Agreement("Agreement")is made between the City of Eden Prairie,Minnesota
(hereinafter "City"),whose business address is 8080 Mitchell Road,Eden Prairie,MN 55344,
and Motorola Solutions,Inc. (hereinafter"Contractor")whose business address is 1303 East
Algonquin Road, Schaumburg Illinois 60196.
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
Procurement of a Nice Call Focus 3 Logger, including all labor, installation, equipment,
software and warranty repairs 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.Unless terminated in accordance with other
provisions of this Agreement or extended by mutual agreement of the Parties,the term of
this Agreement begins on March 9,2016 ("Effective Date")and continues until the date
of Final Acceptance or expiration of the Warranty Period,whichever occurs last. The
Work, in accordance with Exhibit A, shall be complete by May 31,2016.
3. Obligations of Contractor. Contractor shall conforin to the following obligations:
a. Contractor shall provide the materials and services as set forth in Exhibit A.
b. Contractor and its employees will park in service areas or lots and use entries and
exits as designated by City. Contractor's personnel will contact the appropriate
person(i.e.receptionist,maintenance personnel, security, etc,)immediately upon
entering the building, and will sign in and out if required by City.
c. Care, coordination and communication by Contractor is imperative so that guests
and employees in the buildings are not disturbed or inconvenienced during the
perfoiniance of the contracted services.
d. Contractor's personnel must be neat appearing,wear a uniform and badge that
clearly identifies them as a service contractor, and abide by City's no smoking
policies.
e. Contractor must honor the City's request to reassign an employee for cause.
Cause may include performance below reasonably acceptable standards or failure
to present a reasonably acceptable image or attitude,in the judgment of the
owner,to present a first class operation.
£ When necessary, Contractor's personnel will be provided with keys or access
cards in order to perform their work. Any lost keys or cards that result in
rekeying a space or other cost to the City will be billed back to the Contractor.
1
4. City's Obligations. City will do or provide to Contractor the following:
a. Provide access to City properties as appropriate. I
b. Provide restroom facilities as appropriate.
5. Compensation for Services. City agrees to pay the Contractor a fixed sum of$72,057.00
as full and complete payment for the equipment, software, labor,and services rendered
pursuant to this Agreement and as described in Exhibit B.
a. No performance of services or manufacturing and shipment of equipment will
occur until a valid purchase order or notice proceed document is received and
accepted by Contractor. I
b. 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 I
pay additional compensation for services that do not have prior written
authorization.
c. If Contractor is delayed in performance due to any cause beyond its reasonable
control,including but not limited to strikes,riots,fires,acts of God,
governmental actions, actions of a third party, or actions or inactions of City,the
time for performance shall be extended by a period of time lost by reason of the
delay. Contractor will be entitled to payment for its reasonable additional
charges, if any, due to the delay. I
•
6. Method of Payment. -
a. Contractor shall prepare and submit to City itemized invoices in accordance with
Exhibit D,the payment schedule. Invoices submitted shall be paid in the same
manner as other claims made to the City.
b. City will make payments to Contractor within forty-five(45) days after the
receipt of each invoice. City will make payments when due in the fora of a wire
transfer, check, or cashier's check from a U.S. financial institution. Overdue
invoices will bear simple interest at the maximum allowable rate.For City's
reference,the Federal Tax Identification Number for Motorola Solutions,Inc. is
36-1115800.
c. 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."
d. No fuel surcharges or surcharges of any kind will be accepted nor will they be
paid.
e. Invoicing and Shipping Addresses.Invoices will be sent to the City at the
following address:
Eden Prairie Fire Dept., 14800 Scenic Heights Roads,Eden Prairie,MN 55344,
Attn: Mark VandenBerghe
The address which is the ultimate destination where the equipment will be delivered
to City is: Eden Prairie Fire Dept., 8080 Mitchell Road„ Eden Prairie,MN 55344,
Attn: Police Dispatch
The equipment will be shipped to the City at the following address(insert if this
information is known):
Eden Prairie Fire Dept., 8080 Mitchell Road„Eden Prairie,MN 55344,Attn: Police I
Dispatch
City may change this information by giving written notice to Contractor.
7. FREIGHT,TITLE,AND RISK OF LOSS. Contractor will pre-pay and add all freight
charges to the invoices. Title and risk of loss to the equipment will pass to City upon receipt.
Title to software will not pass to City at any time. Contractor will pack and ship all
equipment in accordance with good commercial practices.
8. Project Manager.The Contractor has designated Motorola Solutions 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.
9. Standard of Care. Contractor 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. Contractor shall put forth reasonable I
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 caused by Contractor in the performance of its
duties.
10. Insurance.
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a. General Liability. Contractor shall maintain a general liability insurance policy
with limits of$1,000,000.00 each occurrence,for both bodily injury and property damage
with a general aggregate limit of$2,000,000. Contractor shall provide the City with a
Certificate of Insurance verifying insurance coverage after contract execution or before
providing services to the City.
b. Worker's Compensation. Contractor shall secure and maintain such insurance as I-
will protect Contractor from claims under the Worker's Compensation Acts and from
claims for bodily injury, death, or property damage which may arise from the
performance of Contractor's services under this Contract.
11. Indemnification.
a. Contractor 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 Contractor, its
agents, contractors and employees,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 officers, agents or employees.
b. Patent and Copyright Infringement. Contractor will defend at its expense any suit
brought against City to the extent it is based on a third-party claim alleging that the Work
("Contractor Product")directly infringes a United States patent or copyright
("Infringement Claim"). Contractor's duties to defend and indemnify are conditioned
upon: City promptly notifying Contractor in writing of the Infringement Claim;
Contractor having sole control of the defense of the suit and all negotiations for its
settlement or compromise; and City providing to Contractor cooperation and, if requested
by Contractor,reasonable assistance in the defense of the Infringement Claim.In addition
to Contractor's obligation to defend, and subject to the same conditions, Contractor will
pay all damages finally awarded against City by a court of competent jurisdiction for an
Infringement Claim or agreed to, in writing,by Contractor in settlement of an
Infringement Claim.
If an Infringement Claim occurs, or in Contractor's opinion is likely to occur, Contractor may
at its option and expense: (a)procure for City the right to continue using the Contractor
Product; (b)replace or modify the Contractor Product so that it becomes non-infringing while
providing functionally equivalent performance; or(c)accept the return of the Contractor
Product and grant City a refund for the Contractor Product, less a reasonable charge for
depreciation.The depreciation amount will be calculated based upon generally accepted
accounting standards.
Contractor will have no duty to defend or indemnify for any Infringement Claim that is based
upon: (a)the combination of the Contractor Product with any software, apparatus or device
not furnished by Contractor; (b)the use of ancillary equipment or software not furnished by
Contractor and that is attached to or used in connection with the Contractor Product; (c)
Contractor Product designed or manufactured in accordance with City's designs,
specifications, guidelines or instructions, if the alleged infringement would not have occurred
without such designs, specifications, guidelines or instructions; (d) a modification of the
Contractor Product by a party other than Contractor; (e)use of the Contractor Product in a
manner for which the Contractor Product was not designed or that is inconsistent with the
terms of this Agreement; or(f)the failure by City to install an enhancement release to the
Contractor Product that is intended to correct the claimed infringement. In no event will
Contractor's liability resulting from its indemnity obligation to City extend in any way to
royalties payable on a per use basis or the City's revenues, or any royalty basis other than a
reasonable royalty based upon revenue derived by Contractor from City from sales or license
of the infringing Contractor Product.
This Section 11 provides City's sole and exclusive remedies and Contractor's entire liability
in the event of an Infringement Claim. City has no right to recover and Contractor has no
obligation to provide any other or further remedies,whether under another provision of this
Agreement or any other legal theory or principle,in connection with an Infringement Claim.
12. LIMITATION OF LIABILITY. Except for personal injury, death, or direct damage to
tangible property, Contractor's total liability,whether for breach of contract,warranty,
negligence, strict liability in tort,indemnification, or otherwise,will be limited to the direct
damages recoverable under law,but not to exceed the Contract Price.ALTHOUGH THE
PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES,
THEY AGREE THAT CONTRACTOR WILL NOT BE LIABLE FOR ANY
COMMERCIAL LOSS;INCONVENIENCE;LOSS OF USE,TIME,DATA, GOOD WILL,
REVENUES,PROFITS OR SAVINGS; OR OTHER SPECIAL,INCIDENTAL,
INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR
ARISING FROM THIS AGREEMENT,THE SALE OR USE OF THE EQUIPMENT OR
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SOFTWARE, OR THE PERFORMANCE OF SERVICES BY CONTRACTOR 1
PURSUANT TO THIS AGREEMENT.This limitation of liability provision survives the I.
expiration or termination of the Agreement and applies notwithstanding any contrary
provision.
13. 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 4
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 l
Agreement describing the breach or non-performance of this Agreement entitling I
it to do so. The notified party shall have thirty(30)days from the date of such I
notice to cure the breach or non-performance.Upon failure of the notified party I
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. I
14. Notice.Required notices to the Contractor shall be in writing, and shall be either hand- I
delivered to the Contractor, its employees or agents, or mailed to the Contractor by certified
mail at the following address:
Motorola Solutions,Inc
303 East Algonquin Road
Schaumburg,Illinois 60196
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:
Mark VandenBerghe
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.
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15. 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 I
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. _
16. Assignment.Neither party shall assign this Agreement,nor any interest arising herein, I
without the written consent of the other party. a
17. 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 II
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 I
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.
18. 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, I
religion,national origin, sex,marital status, status with regard to public assistance,disability, I
sexual orientation or age. The Contractor shall post in places available to employees and
applicants for employment,notices setting forth the provision of this non-discrimination
clause and stating that all qualified applicants will receive consideration for employment. The
Contractor shall incorporate the foregoing requirements of this paragraph in all of its
subcontracts for program work, and will require all of its subcontractors for such work to
incorporate such requirements in all subcontracts for program work. The Contractor further
agrees to comply with all aspects of the Minnesota Human Rights Act,Minnesota Statutes
363.01, et. seq.,Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities
Act of 1990.
19. 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.
20. 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.
21. 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.
22. INTENTIONALLY OMITTED.
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23. Dispute Resolution. The Parties will use the following procedure to address any dispute
arising under this Agreement(a"Dispute"). I
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a. NEGOTIATION. Either Party may initiate the Dispute resolution procedures by
sending a notice of Dispute("Notice of Dispute"). The Parties will attempt to resolve the
Dispute promptly through good faith negotiations including 1)timely escalation of the
Dispute to executives who have authority to settle the Dispute and who are at a higher
level of management than the persons with direct responsibility for the matter and 2) I
direct communication between the executives. If the Dispute has not been resolved within
ten(10)days from the Notice of Dispute,the Parties will proceed to mediation.
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b. MEDIATION. The Parties will choose an independent mediator within thirty
(30)days of a notice to mediate from either Party("Notice of Mediation").Neither Party
may unreasonably withhold consent to the selection of a mediator. If the Parties are
unable to agree upon a mediator, either Party may request that American Arbitration 3
Association nominate a mediator. Each Party will bear its own costs of mediation,but the _I
Parties will share the cost of the mediator equally. Each Party will participate in the
mediation in good faith. -
c. LITIGATION,VENUE and JURISDICTION. If a Dispute remains unresolved I
for sixty(60)days after receipt of the Notice of Mediation, either Party may then submit x
the Dispute to a court of competent jurisdiction in the state of Minnesota. Each Party
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irrevocably agrees to submit to the exclusive jurisdiction of the courts in such state over
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any claim or matter arising under or in connection with this Agreement.
d. CONFIDENTIALITY.All communications pursuant to subsections 23(a)and
23(b)will be treated as compromise and settlement negotiations for purposes of
applicable rules of evidence and any additional confidentiality protections provided by
applicable law. The use of these Dispute resolution procedures will not be construed
under the doctrines of laches,waiver or estoppel to affect adversely the rights of either
Party.
24. Governing Law. This Agreement shall be controlled by the laws of the State of
Minnesota.
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25. 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.
26. 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.
a.
27. Entire Agreement.The entire agreement of the parties is contained herein. This
Li
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.
28. Compliance with Laws and Regulations.In providing services hereunder,the
Contractor shall abide by statutes, ordinances,rules,and regulations pertaining to the
1
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.
29. PRESERVATION OF CONTRACTOR'S PROPRIETARY RIGHTS. Contractor,
the third party manufacturer of any equipment, and the copyright owner of any non-
Contractor software own and retain all of their respective proprietary rights in the equipment
and software,and nothing in this Agreement is intended to restrict their proprietary rights.All
intellectual property developed, originated, or prepared by Contractor in connection with
providing to City the equipment, software,or related services remain vested exclusively in
Contractor, and this Agreement does not grant to City any shared development rights of
intellectual property. Except as explicitly provided in the Software License Agreement,
Contractor does not grant to City, either directly or by implication, estoppel, or otherwise,
any right,title or interest in Contractor's proprietary rights. City will not modify,
disassemble,peel components, decompile,otherwise reverse engineer or attempt to reverse
engineer, derive source code or create derivative works from, adapt,translate,merge with
other software,reproduce,distribute, sublicense, sell or export the software, or permit or
encourage any third party to do so. The preceding sentence does not apply to open source
software which is governed by the standard license of the copyright owner.
30. SOFTWARE. Software, including subsequent releases, is licensed to City solely in
accordance with the Software License Agreement attached as Exhibit C. City hereby accepts =
and agrees to abide by all of the terms and restrictions of the Software License Agreement.
31. NON-CONTRACTOR SOFTWARE. Any Non-Contractor Software is licensed to City
in accordance with the Software License Agreement, and the copyright owner will have all of
Licensor's rights and protections under the Software License Agreement. Contractor makes
no representations or warranties of any kind regarding Non-Contractor Software.Non-
Contractor Software may include Open Source Software.All Open Source Software is
licensed to City in accordance with, and City agrees to abide by,the provisions of the
standard license of the copyright owner and not the Software License Agreement.Upon
request by City,Contractor will use commercially reasonable efforts to determine whether
any Open Source Software will be provided under this Agreement; and if so, identify the
Open Source Software and provide to City a copy of the applicable standard license(or
specify where that license may be found); and provide to City a copy of the Open Source
Software source code if it is publicly available without charge(although a distribution fee or
a charge for related services may be applicable).
31.Representations and Warranties.
a. SYSTEM FUNCTIONALITY. Contractor represents that the Work will be
performed in accordance with Exhibit A in all material respects.Following the
completion of installation of the Work the Contractor will perform acceptance testing to
evidence that the Work perfoiuis in accordance with Exhibit A in all material aspects.
After successful acceptance testing has occurred a burn-in period of up to seven(7)days
will begin whereby the Work will be put into operational/live use for the City.Once the
Work has performed successfully in all material aspects in accordance with Exhibit A
during the burn-in period,the City shall provide written Final Acceptance of the Work
and the system functionality representation is fulfilled.If the City begins using the Work
for operational purposes, excluding the burn-in period,testing or training, ("Beneficial
Use")before completion of installation or acceptance testing,Final Acceptance and
fulfillment of the system functionality representation will be deemed to have occurred.
Contractor is not responsible for performance deficiencies that are caused by ancillary
equipment not furnished by Contractor which is attached to or used in connection with
the Work or for reasons or parties beyond Contractor's control, such as natural causes;
the construction of a building that adversely affects the microwave path reliability or
radio frequency(RF)coverage;the addition of frequencies that cause RF interference or
inteimodulation; or City changes to load usage or configuration outside Exhibit A.
b. Warranty Period. The Warranty Period shall be one(1)year from the date of
Final Acceptance or Beneficial Use,whichever occurs first.
c. EQUIPMENT WARRANTY.During the Warranty Period, Contractor warrants
that the equipment included with the Work,under normal use and service,will be free
from material defects in materials and workmanship. If system acceptance is delayed
beyond six(6)months after shipment of the equipment by events or causes within City's
control,this warranty expires eighteen(18)months after the shipment of the equipment.
During the Warranty Period, Contractor will provide maintenance services for Work
pursuant to the Statement of Work set forth in Exhibit A. Those services and support are
included in the Compensation for Services set forth in Paragraph 5.
d. SOFTWARE WARRANTY. Unless otherwise stated in the Software License
Agreement, during the Warranty Period, Contractor warrants the software in accordance
with the terms of the Software License Agreement and the provisions of this Section 31
that are applicable to the software. If Final Acceptance is delayed beyond six(6)months
after shipment of the software by events or causes within City's control,this warranty
expires eighteen(18)months after the shipment of the software.TO THE EXTENT,IF
ANY, THAT THERE IS A SEPARATE LICENSE AGREEMENT PACKAGED WITH,
OR PROVIDED ELECTRONICALLY WITH,A PARTICULAR PRODUCT THAT
BECOMES EFFECTIVE ON AN ACT OF ACCEPTANCE BY THE END USER,
THEN THAT AGREEMENT SUPERCEDES THIS SOFTWARE LICENSE
AGREEMENT AS TO THE END USER OF EACH SUCH PRODUCT.
e. ORIGINAL END USER IS COVERED. These express limited warranties are
extended by Contractor to the original user purchasing the equipment and software for
commercial, industrial, or governmental use only,and are not assignable or transferable.
f. EXCLUSIONS TO WARRANTIES. These warranties do not apply to: (i)
defects or damage resulting from: use other than its normal, customary, and authorized
manner; accident,liquids,neglect, or acts of God;(ii)testing,maintenance, disassembly,
repair, installation, alteration,modification, or adjustment not provided or authorized in
writing by Contractor; (iii)City's failure to comply with all applicable industry and
OSHA standards; (iv)breakage of or damage to antennas unless caused directly by
defects in material or workmanship; (v)equipment that has had the serial number
removed or made illegible; (vi)batteries(because they carry their own separate limited
warranty) or consumables; (vii)scratches or other cosmetic damage to equipment
surfaces that does not affect the operation of the equipment; and(viii)normal or
customary wear and tear.
g. WARRANTY CLAIMS. To assert a warranty claim, City must notify Contractor
in writing of the claim before the expiration of the Warranty Period.Upon receipt of this
notice, Contractor will investigate the warranty claim.If this investigation confirms a
valid warranty claim, Contractor will(at its option and at no additional charge to City)
repair the defective equipment or software,replace it with the same or equivalent
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h. DISCLAIMER OF OTHER WARRANTIES. THESE WARRANTIES ARE THE I
COMPLETE WARRANTIES FOR THE EQUIPMENT AND SOFTWARE PROVIDED
UNDER THIS AGREEMENT AND ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES_
CONTRACTOR DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS,EXPRESS
OR IMPLIED,INCLUDI.NG THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
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Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Nancy Tyra-Lukens
Mayor
Rick Getschow I
City Manager
CONTRACTOR
( ://24,14,, 1
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Its: C f�'�: tl it {i
Exhibit A
Scope of Work
NICE Project Overview
Eden Prairie has requested a proposal to provide a recording solution to handle the following
systems and functions.
• Upgrade existing 8 Channel NiceCall Focus III to new redundant NRX;recording 8 -2
wire analog audio in parallel(Primary NRX and Secondary NRX).
• Recording of 30 TP/channels of the Motorola P25 system(RNI)(this is existing l
equipment. Description is included here for convenience).
• Capture ANI/ALI.
• Inform Lite Application Suite with single reconstruction licenses.
• The New Inform Lite(installed on the primary NRXs)includes legacy channels for
historical playback from existing NiceCall Focus III and audio from 30 channels P25 IP
radio logger;Legacy NiceCall Focus III will stop recording and required to stay online
for historical playback from archived media.
• Castle Rock, an SNMP system monitoring program is proposed and requires an Inform 1
and Admin workstation.Motorola's quote includes an HP Z440 workstation to support it.
Solution's Scope
Motorola Solutions Inc.'s (Motorola)proposed solution includes the following packages and
applications:
• Inform Lite to support the proposed equipment listed below:
— NICE Reconstruction—search and replay.
• NICE security recorder—analog resources recording.
• Motorola MCC 7500 IP logger(This is existing equipment.A description is included
here for convenience).
• Fault Monitoring—Castle Rock SNMP(for the CEN only).
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NICE Solution Overview
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As depicted in Figure Error! No text of specified style in document.-1,the proposed
solution is comprised of two Nice recorders(NRX)and one Inform Lite application suite 1
server and Castle Rock SNMP manager(CR). The NRXs will record analog resources and
reside at the CEN. The Motorola MCC 7500,which is installed already,records audio from
the P25 trunk radio system and resides in the RNI. The solution is designed to interface with I
Motorola's new generation of private radio systems which utilize the new IP MCC 7500
consoles. The Inform Lite is a derivative of the NICE Inform multimedia and incident
management solution which monitors, searches, and manages different recorded audio
content for the purpose of investigation and review.NICE Inform Lite provides the core
elements of the NICE Inform solution and delivers a powerful audio reconstruction and
monitoring platform upon which the world of multimedia consolidation and management can -
be added as control centers become increasingly inundated with data and information which
requires organization and management. Castle Rock SNMP,which is the primary mechanism
of alarming for the system, is via SNMP alerts. Hardware and software components are
SNMP-compliant(each with a custom MIB file)and provide real-time system monitoring
and alerting to the SNMP manager(s)provided with the system. a
Primary Nice recorder+ ** AU Servers and Loggers are LAN
Inform We Mew) andjor WAN connected **
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Adrrunrstrator
ISNP=Pr Monitor}
Eden Prairie proposed recording System Logic Diagram
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Figure Error! No text of specified style in document.-7: System Administration View
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Alarms Monitoring and Administration (New)
The primary mechanism of alarming for the system is via SNMP alerts. Hardware and
software components are SNMP compliant(each with a custom MIB file)and provide real-
time system monitoring and alerting to the SNMP Managers)provided with the system. The
benefits of SNMP monitoring and alerting across the system include:
• Industry standard.
• Enables multiple management clients to reside anywhere on the network.
• Relatively simple implementation.
• Relatively simple expandability and configuration.
• Can be integrated with existing SNMP management systems.
SNMP alerts are generated for internal and external alarms and warning events,such as:
• Failure of a redundant power supply in a conventional Nice recorder.
• Disk space low.
• Inform user automatically logged out by system after inactivity time-out.
SNMPc Management Console, a third party application by Castle Rock, is optionally
provided by NICE as a flexible and powerful tool for monitoring and acting upon SNMP
events. A typical screen shot is shown in Figure Error! No text of specified style in
document.-8.
Exhibit B
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STATEMENT OF WORK
Overview
This Statement of Work(SOW) describes the deliverables to be furnished to Eden Prairie.
The tasks described herein will be performed to implement the solution described in the
system description.It describes the actual work involved in installation, identifies the
installation standards to be followed, and clarifies the responsibilities for both Motorola
Solutions Inc. (Motorola)and Eden Prairie during the project implementation.
This SOW was developed to meet Eden Prairie's need for an audio and data logging _=
recording system to interface to the ARMER system.The audio and data logging recording
system are further described in the system description. This SOW provides the understanding
of the work required by both parties to ensure a successful project implementation.In
particular,Motorola has made assumptions regarding the project. Should any of the
information change, a revision to the SOW and associated pricing will be required.It is
understood that this SOW is a working document, and that it will be revised as needed to
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incorporate any changes associated with contract negotiations, detailed design review(DDR),
and any other change orders that may occur during the execution of the project.
Motorola Project Resources
Motorola has organized project resources into a systems integration(SI)group to meet the
needs of implementing mission-critical logging communications technology such as the -
system being proposed in Eden Prairie.This organization is involved from system conception
to system completion.
The Motorola SI group assembles a team for each project to fulfill customer-specific
requirements.The Motorola SI group and Eden Prairie team members will form a partnership
dedicated to addressing the needs.
Motorola Project Manager
The project manager has full responsibility for the successful completion of the
implementation lifecycle from start to finish. The tasks of the project manager include,but
are not limited to,the following:
• Act as main point of contact between Eden Prairie and Motorola resources throughout the
entire project lifecycle.
• Develop and manage project plan, schedule, quality, and risk.
• Complete and submit all required submittals and documentation.
• Manage/supervise field installation and implementation teams to ensure that all on-site
installation,integration, and optimization tasks are performed on-time and per contract
requirements, industry best practices, and applicable standards and guidelines.
• Develop,update, and maintain a detailed implementation schedule to include work tasks
with predecessors,milestones, start/end dates, and task resource(s).
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• Inspect and maintain inventory of all received equipment to ensure total delivery.
• Monitor the project to ensure that support resources are available as scheduled and as
identified in the contract.
• Assume accountability for all Motorola contractor- and subcontractor-supplied tasks
within the implementation schedule.
• Provide timely responses to issues related to project progress raised by Eden Prairie's
contract manager.
Motorola Systems Technologist
The system technologist(s)has the primary responsibility as the hands-on system expert. The
system technologist's tasks include: I
• Work to ensure the integrity of the design during system optimization and testing.
• Assist in development of cut-over plan.
• Participate in system equipment testing and acceptance.
Motorola Subcontractors
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Motorola's project manager will coordinate the activities of Motorola subcontractors to
assure cost-effective performance and resolution of technical interface issues during design as
opposed to during integration activities. I
Motorola's project manager will be the single authority for subcontract actions and reporting =
and will have the full responsibility for quality performance, schedules, and cost control. We I
will use a straightforward procedure for managing and controlling work assignments to I
subcontractors.
Subcontractors were selected for this project based on their experience, and many have
worked for Motorola on numerous projects.Each subcontractor will assign a lead manager _
who will be responsible for its company's performance. These managers will report directly
to Motorola's project manager on scheduling and implementation issues and to the system
engineer on specific technical assignments.All subcontractors will submit as-needed progress
reports to Motorola describing progress, level of effort,and anticipated problems which will
be integrated into the project's tracking system. The subcontractors' weekly progress reports
will serve as Motorola's primary mechanism for ensuring that they remain on track to deliver
their promised results. _
NICE Professional Services
a
This proposal includes a NICE project manager and a NICE installation specialist. The NICE
PM will liaison with the Motorola PM to generate a scope of work, project implementation
schedule,and system acceptance plan.Also included is user training. The proposal currently
includes a two-day training class. The class will be conducted by NICE systems professional
trainers at a site chosen by City of Eden Prairie. Each class can train up to six participants.
Additional training can be ordered if desired,but has not been included in this proposal.
All products offered in this proposal come with a one-year warranty(8 x 5 coverage);
however, optional pricing will be included for upgrading this coverage to 24 x 7.Pricing is
also offered for annual maintenance contracts beyond the first year.
NICE Logging Server Count
Number
Server Name/Type Of Location Deployment type!
Servers Platform
Inform Lite server 1 — Co-hosted with
Primary NRX server
NRX PRI/Bkup 2 — Server
Castel Rock SNMP & Inform Lite _ Motorola provided
Playback client 1 WorkStation
Motorola Responsibilities
Motorola's general responsibilities include the following:
• Conduct project kickoff meeting with Eden Prairie to review project design and finalize
requirements.
• Inventory the Motorola-supplied equipment described in the system description.
• Perform configuration of the logging equipment described in the system description.
• Schedule the implementation in agreement with Eden Prairie.
• Coordinate the activities of all Motorola subcontractors under this contract.
• Motorola will be moving existing hardware to make room for the new NRX servers as
depicted in Error! Reference source not found..
• Administer safe work procedures for installation.
• Provide Eden Prairie with the appropriate system interconnect designation.
• Integration into the ARMER system.
• Test and confirm RNI equipment configuration.
• If any major task as contractually described fails,repeat that particular task after
Motorola determines that corrective action has been taken.
• Document all issues that arise during testing.
• Document the results of the acceptance tests and present to Eden Prairie for review.
• Resolve any punchlist items before project completion.
• All work is to be performed during normal work hours,Monday through Friday.
Eden Prairie Responsibilities
Eden Prairie will assume responsibility for facility and necessary servers of all equipment and
work necessary for completion of this project that is not provided by Motorola. Eden Prairie's
general responsibilities include the following:
• Customer is responsible for Ethernet connectivity for the new SNMPc/Inform client
workstation from the office with the current Inform client position to the equipment
room.
• Customer is responsible for coordinating email configuration with NICE and Eden Prairie
IT for the SNMPc server.
• Customer to provide details of all telephony information relating to the recorder system.
• The Customer/Partner must notify NICE of any compulsory site safety induction required
for site access.Non notification will result in project delays and incur additional services
costs.
• The Customer/Partner must notify NICE of any compulsory server hardening policies.
• Customers are responsible for providing the required power for the proposed system
including all associated wiring,hardware, outlets, grounding, etc.
• Customers are responsible for providing sufficient heat dissipation for the proposed
system as defined in the attached environmental specifications.
• Customer is responsible for providing UPS backup to provide enough power to
associated equipment for a minimum of five minutes subsequent to loss of power.
• Customer is responsible for ensuring the availability and proper function of all audio for
recording up to and including the demarcation point.
• Customer is responsible for ensuring the availability and proper function of any data
feeds being utilized for capture by the recording system including but not limited to
ANI/ALI, Caller ID,CTI, etc.up to and including the demarcation point whether hard
point or LAN based.
• Customer is responsible for all wiring up to and including the demarcation point to
include audio signaling,network, and antennae(if required).
• The Customer is responsible for providing ANUALI data to the rear(demarc)of the
NICE recorder or capture device server. If ANUALI is delivered via RS232 the cable
supplied by the customer must be terminated in a DB9 FEMALE connector.
• Customer is responsible for providing a data capture file for ANUALI prior to
confirmation of ANUALI driver operation.
• Customer is responsible for providing all necessary hardware, software, licensing, and
installation of CTI, CDR, and SMDR feeds for any and all PBX's to meet the integration
requirements.
• Customer-supplied replay workstations must support the Microsoft .NET infrastructure.
• Customer is responsible for all on-going management of all sub-systems in the solutions
(e.g..NICE Recorder,MCC 7500 IP Radio Logger,Inform, etc.), including database
back-ups, archive management, etc.
• Customer is responsible for all data network infrastructure not purchased from NICE
including(but not limited to) switches,hubs,bridges,routers, firewalls, external caching
devices,and cabling.
• Customer will provide signals from the Customer network on minimum CAT 5/6(RJ45
terminated).
• Customer is responsible for all replay workstations unless specifically stated otherwise.
• Customer will identify designated internal IT/Telephony/Network staff dedicated to the
implementation of the solution, in writing,prior to the commencement of the on-site
implementation.
• Provide a single point of contact to complete the site preparation and implementation
specific details during the implementation phase and for Customer-signed approvals.
• Assign other resources necessary to ensure completion of project tasks for which the
Customer is responsible. Coordinate the activities of all Eden Prairie's vendors or other
contractors.
• Attend and participate in project meetings and reviews.
• Provide ongoing communication, as applicable,with ARMER regarding the project and
schedule.
• Provide space for the logging equipment at the Eden Prairie facilities.
• Provide security access to buildings and necessary rooms specific to the implementation
process.
• Ensure communications sites meet space, grounding, power, and connectivity
requirements for the installation of all equipment.
• Customer will provide a dedicated delivery point, such as a warehouse,for receipt,
inventory, and storage of equipment prior to delivery to the site(s).
• Approved local, state, or federal permits as may be required for the installation and
operation of the proposed equipment are the responsibility of the Customer. Customer is
responsible to obtain all licensing, site access, or permitting required for project
implementation.
• If,for any reason, any of the proposed sites cannot be utilized due to reasons beyond
Motorola's control,the costs associated with site changes or delays including,but not
limited to,re-engineering,frequency re-licensing, site zoning, site permitting, schedule
delays, site abnormalities,re-mobilization,etc.,will be paid for by the Customer and
documented through the change order process.
• Any required system interconnections not specifically outlined here will be provided by
the Customer. These may include dedicated phone circuits,microwave links, or other
types of connectivity.
• The Customer must have existing full,dual Ti connectivity between console dispatch site
where the logger resides and the ARMER master site.
• Supply adequately sized electrical service,backup power(UPS, generator,batteries,etc.)
including the installation of conduit, circuit breakers, outlets,etc., at each equipment
location.Provide AC power(dedicated 20 Amp AC outlets-simplex with ground)for
each major piece of equipment within six feet of the location of the Motorola-supplied
equipment, including the associated electrical service and wiring(conduit, circuit
breakers, etc.).
• Provide adequate HVAC, grounding, lighting, cable routing, and surge protection(also, I
among existing and Motorola-provided equipment)based upon Motorola's "Standards
and Guidelines for Communication Sites"(R56). Ceiling(minimum nine feet) and cable
tray heights [minimum eight feet] in the equipment rooms in order to accommodate the
equipment racks.
• The existing sites or equipment locations will provide sufficient space for the equipment
installation referencing the R56 standards. The Customer will make necessary site
improvements to follow the R56 guidelines.Reasonable attempts should be made for
worker safety,proper spacing, and good grounding practices.
• Bring grounding system up to Motorola's"Standards and Guidelines for Communication
Sites"(R56)and supply a single point system ground, of five ohms or less,to be used on
all FNE supplied under the contract. Supply grounding tie point within 10 feet from the
Motorola-supplied equipment.
• Provide free and open access to all owned or leased sites of work. This includes but is not
limited to,the following:
— Provide escort at no charge, if escorts are required at any particular site. The
availability of such escort shall not be unreasonably withheld.
— Arrange site permission; provide keys to all the locks at sites and/or temporary I
identification cards should be issued to Motorola personnel if required for access to
the sites.
— Provide site access to all sites for Motorola personnel and Motorola's subcontractors
for the purpose of installing, and optimizing Motorola-provided equipment, and for
testing of the equipment and system operation.
— Provide any required parking permits to Motorola personnel for restricted access
entry and/or parking.
Cabinet and Rack Mounting
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NICElog recording hardware is designed for use with standard 19" four-post racks using a
NICE supplied rail kit. The rail kit is an optional item that must be purchased as a separate
line item.
All third-party servers ordered directly from NICE include rail kits for four-post cabinet
mounting.
If third-party servers are sourced by the Customer from a vendor other than NICE, all
mounting hardware is the responsibility of the Customer.
Whenever two-post racks/cabinets are to be used, it is up to the supplier of the cabinet to
provide appropriate shelving for all hardware purchased from NICE. NICE provides no
shelving.
NICE does not provide any rack hardware or cabling not specifically described in the
attached proposal including cables, cable management devices, or power distribution
units.
Facilities Electrical HVAC and Dimensions
Cabinet and Rack Mounting
Customers are responsible for providing the required power for the proposed system
including all associated wiring, hardware, outlets, grounding etc.
Electrical connectors for all NICE recording systems are standard NEMA 5-15P, three-
wire, non -locking, straight blade, grounded plugs.
All electrical outlets for the proposed system should be located no more than three feet
from the rear of the equipment location.
Customers are responsible for providing sufficient heat dissipation for the proposed
system as defined in the attached environmental specifications.
If Customer wishes to have parallel operation of new NICE system and legacy recording
system, the Customer shall provide sufficient space (floor, rack, etc.) in work area.
The Solution is not certified for seismic activity and does not include any hardware or
subsystems making it more [or less] susceptible to seismic activity.
To ensure operation during a power failure, all recording equipment associated to the
recording process should be protected by an uninerruptable power supply(UPS). It is also
recommended that the dual power supplies on the NICE-supplied servers be connected to
separate circuits for added protection.
Customer is responsible for providing UPS backup to provide enough power to associated
equipment for a minimum of five minutes subsequent to loss of power.
Tlemarcation
Unless specifically stated otherwise, the demarc will be defined as the back of the recorder
and/or other server hardware that NICE provides.
Customer is responsible for ensuring the availability and proper function of all audio for
recording up to and including the demarcation point.
Customer is responsible for ensuring the availability and proper function of any data feeds
being utilized for capture by the recording system including but not limited to ANI/ALI,
Caller ID, CTI, etc. up to and including the demarcation point whether hard point or LAN
based.
Customer is responsible for all wiring up to and including the demarcation point to include
audio signaling, network and antennae (if required).
All audio and LAN connections should be terminated within no more than 10 feet of the
equipment location.
Unless specifically stated and previously agreed by both parties, all telephony audio feeds
for recording must be in two-wire format.
All TDM inputs to be recorded must be presented to punch -blocks within 10 meters (30
feet) of the rear of the logger servers.
Refer to the NICE IDD for details on supported cable lengths and distances between PBX
and digital phone sets and the tap length to ensure cable distances are within specification
for correct operation of the logger without disrupting phone operation.
. Interlaces
A
Cabinet and Rack Mounting _
The Customer is responsible for providing ANI/ALI data to the rear(demarc) of the NICE
recorder or capture device server. If ANI/ALI is delivered via RS232 the cable supplied by
the customer must be terminated in a DB9 FEMALE connector.
Customer is responsible for providing a data capture file for ANI/ALI prior to confirmation of
ANI/ALI driver operation.
Customer is responsible for providing all necessary hardware, software, licensing, and
installation of CTI, CDR, and SMDR feeds for any and all PBX's to meet the integration
requirements.
Unless otherwise specifically addressed and priced in the quote, NICE makes no implicit
or explicit commitment to interface to any third-party software such as CAD, GIS, etc.
Labor
Customer will ensure that all contracted union or other labor will NOT DELAY acceptance,
unloading, delivery, locating, and affixing system cabinets and components in designated
space.
The Customer is responsible for all aspects of union or other labor negotiations,
procurement, contracting, use, and payment. If the Customer requires the use of union or
other labor for part or all work to be performed, the Customer is responsible for this labor
to accept, unload, deliver, locate, and affix system cabinets and components, wire and
otherwise "setup"system components (such as cables and wiring) under the direction of a
NICE implementation engineer. The cost of non-NICE labor is not reflected in this SOW.
Customer will not require union or other"non-NICE" labor after siting (placement and
wiring) of equipment.
Inform
Customer-supplied replay workstations must support the Microsoft.NET infrastructure.
Customer is responsible for all on-going management of all sub-systems in the solutions
(e.g.. NICE recorder, MCC7500 IP radio logger, Inform, etc...), including database back-
ups, archive management, etc.
Network
Customer is responsible for all data network infrastructure not purchased from NICE
including (but not limited to) switches, hubs, bridges, routers, firewalls, external caching
devices and cabling.
NICE recorders and servers require a static IP address for each device.
The Customer will provide one network connection (minimum CAT5/RJ45 cable)for each
system component requiring network access.
Network utilizes Microsoft's TCP/IP protocol stack.
Network supports minimum 100BaseT Ethernet.
Customer will provide signals from the Customer network on minimum CAT 5/6 (RJ45
terminated).
LAN/WAN latency is assumed to be less than 30 milliseconds.
Cabinet and Rack Mounting
Automated system processes such as automatic installation of patches, application
pushes, automated anti -virus updates, etc. are not to be run on logging system
components(loggers, servers, etc.), unless specifically addressed in this SOW
The Customer is responsible for any port spanning/mirroring or packet duplication to
facilitate passive VOIP recording.
The customer is responsible for any configuration of duplicate audio/SIP streams for"2N"
or secondary recording system.
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133 ' Arcb;irn
The proposed solution provides storage internal to the logger. Unless specifically stated,
NICE makes no claim as to the retention period (measured in the number of days) this
solution will support. For example, the MCC 7500 IP radio logger can store up to seventy-
five thousand (75,000) hours of digitally trunked radio audio. NICE can make no claim as
to how many days this will be-as it is entirely dependent on the amount of audio the
Customer generates each day.
The solution includes a SQL database (with appropriate SQL licensing)for each logger. It
is the responsibility of the Customer to back-up these databases on a regular basis.
The storage in the recorder for SQL database tables is not unlimited. If customer retention
requirements is measured in years rather than months, it is the responsibility of the
Customer to raise this subject with NICE prior to the final system configuration. This will
help ensure the Customer receives a solution that will meet retention requirements.
a
If the Customer is archiving to network storage, the LAN/WAN latency in the network is
assumed to be less than 30 milliseconds.
Motorola IP Trunked Radio(AIS=Logging}
Customer responsible for procurement and installation of required IP infrastructure and
archive interface server(AIS) devices. NICE cannot supply AIS devices.
The AIS logging system is a Motorola product and is not sold directly by any company
other than Motorola.
AIS logging recorders capture audio only from the Motorola IP radio system environment.
AIS logging recorders exist only inside the Motorola border router, on the Motorola
network.
Customer Motorola engineer will configure AIS to output desired talk group audio to AIS
logging system.
Audio captured from Motorola IP system via the AIS logging system is stored in clear(un -
encrypted) IMBE packets.
The following audio is NOT recorded by the solution:
•Audio associated with talk groups NOT affiliated with an AIS in MCC 7500-based IP
Systems.
•Any audio should the radio system revert to"failsoft" mode. NICE can provide a system
add-on for an additional cost.
The Customer is responsible for ensuring that their Motorola technician is present during
first day of the recording installation for the radio components.
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Cabinet and Rack Mounting
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implementation and Cut-Ove i g
If parallel recording is included in this proposal, it will be the responsibility of the Customer
to provide all duplicate/parallel connectivity and data feeds to enable the second/parallel
system to capture the desired audio and associated data.
NICE is not responsible for the moving or removal of legacy recording system.
Customer is responsible for all replay workstations unless specifically stated otherwise.
Customer will identify designated internal IT/telephony/network staff dedicated to the
implementation of the solution, in writing, prior to the commencement of the on-site
implementation.
For the installation/implementation of product, the Customer is responsible for notifying the
identified NICE point of contact(POC) in writing at least 72 hours in advance of schedule
change or cancellation of services. Exception: Training (see below).
For user training, the Customer is responsible for notifying the identified NICE POC in
writing at least 15 days in advance of the schedule change or cancellation.
Customer will provide all required site clearances for NICE staff from commencement of
project(i.e. project kickoff meeting)through project completion. Project completion is
defined as completion of the ITP and transition of support to NICE customer support
center.
Customer will designate an authorized representative to participate in the installation test
procedure ("ITP") in its entirety. This representative will be identified prior to start of on-site
implementation.
Project Completion,Post Implementation, and Maintenance
Customer will ensure that all radio, dispatch, telephony, and network systems are available
and fully operational prior to the arrival of the NICE equipment.
Customer will ensure availability of designated staff to assist in
commissioning/implementation issues within a reasonable time once notified by NICE staff
that their assistance is required.
Customer will provide reasonable and necessary access to all required equipment upon
verbal or written request by NICE staff within a reasonable time period upon request.
Customer is responsible for full-time system management subsequent to completion of
implementation and training of Customer staff.
Exhibit C
SOFTWARE LICENSE AGREEMENT
This Exhibit C Software License Agreement ("Agreement") is between Contractor Solutions, Inc.,
("Contractor"), and the City of Eden Prairie, MN ("Licensee").
For good and valuable consideration, the parties agree as follows:
Section 1 DEFINITIONS
1.1 "Designated Products" means products provided by Contractor to Licensee with which or for
which the Software and Documentation is licensed for use.
1.2 "Documentation" means product and software documentation that specifies technical and
performance features and capabilities, and the user, operation and training manuals for the Software
(including all physical or electronic media upon which such information is provided).
1.3 "Open Source Software" means software with either freely obtainable source code, license for
modification, or permission for free distribution.
1.4 "Open Source Software License" means the terms or conditions under which the Open Source
Software is licensed.
1.5 "Primary Agreement" means the agreement to which this exhibit is attached.
1.6 "Security Vulnerability" means a flaw or weakness in system security procedures, design,
implementation, or internal controls that could be exercised (accidentally triggered or intentionally
exploited) and result in a security breach such that data is compromised, manipulated or stolen or the
system damaged.
1.7 "Software" (i) means proprietary software in object code format, and adaptations, translations, de-
compilations, disassemblies, emulations, or derivative works of such software; (ii) means any
modifications, enhancements, new versions and new releases of the software provided by Contractor;
and (iii) may contain one or more items of software owned by a third party supplier. The term "Software"
does not include any third party software provided under separate license or third party software not
licensable under the terms of this Agreement.
Section 2 SCOPE
Contractor and Licensee enter into this Agreement in connection with Contractor's delivery of certain
proprietary Software or products containing embedded or pre-loaded proprietary Software, or both. This
Agreement contains the terms and conditions of the license Contractor is providing to Licensee, and
Licensee's use of the Software and Documentation.
Section 3 GRANT OF LICENSE
3.1. Subject to the provisions of this Agreement and the payment of applicable license fees,
Contractor grants to Licensee a personal, limited, non-transferable (except as permitted in Section 7) and
non-exclusive license under Contractor's copyrights and Confidential Information (as defined in the
Primary Agreement) embodied in the Software to use the Software, in object code form, and the
Documentation solely in connection with Licensee's use of the Designated Products. This Agreement
does not grant any rights to source code.
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Contractor Contract No.
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3.2. If the Software licensed under this Agreement contains or is derived from Open Source Software, t
the terms and conditions governing the use of such Open Source Software are in the Open Source a
Software Licenses of the copyright owner and not this Agreement. If there is a conflict between the terms
and conditions of this Agreement and the terms and conditions of the Open Source Software Licenses
governing Licensee's use of the Open Source Software, the terms and conditions of the license grant of
the applicable Open Source Software Licenses will take precedence over the license grants in this 1
Agreement. If requested by Licensee, Contractor will use commercially reasonable efforts to: (i)
determine whether any Open Source Software is provided under this Agreement; (ii) identify the Open
Source Software and provide Licensee a copy of the applicable Open Source Software License (or
specify where that license may be found); and, (iii) provide Licensee a copy of the Open Source Software
source code, without charge, if it is publicly available (although distribution fees may be applicable).
Section 4 LIMITATIONS ON USE
i
4.1. Licensee may use the Software only for Licensee's internal business purposes and only in
accordance with the Documentation. Any other use of the Software is strictly prohibited. Without limiting
the general nature of these restrictions, Licensee will not make the Software available for use by third
parties on a "time sharing," "application service provider," or "service bureau" basis or for any other
similar commercial rental or sharing arrangement.
1
4.2. Licensee will not, and will not allow or enable any third party to: (i) reverse engineer,
disassemble, peel components, decompile, reprogram or otherwise reduce the Software or any portion to x
a human perceptible form or otherwise attempt to recreate the source code; (ii) modify, adapt, create
derivative works of, or merge the Software; (iii) copy, reproduce, distribute, lend, or lease the Software or
Documentation to any third party, grant any sublicense or other rights in the Software or Documentation
to any third party, or take any action that would cause the Software or Documentation to be placed in the
public domain; (iv) remove, or in any way alter or obscure, any copyright notice or other notice of
Contractor's proprietary rights; (v) provide, copy, transmit, disclose, divulge or make the Software or
Documentation available to, or permit the use of the Software by any third party or on any machine
except as expressly authorized by this Agreement; or (vi) use, or permit the use of, the Software in a
manner that would result in the production of a copy of the Software solely by activating a machine
containing the Software. Licensee may make one copy of Software to be used solely for archival, back-
up, or disaster recovery purposes; provided that Licensee may not operate that copy of the Software at
the same time as the original Software is being operated. Licensee may make as many copies of the _
Documentation as it may reasonably require for the internal use of the Software.
4.
4.3. Unless otherwise authorized by Contractor in writing, Licensee will not, and will not enable or
allow any third party to: (i) install a licensed copy of the Software on more than one unit of a Designated
Product; or(ii) copy onto or transfer Software installed in one unit of a Designated Product onto one other
device. Licensee may temporarily transfer Software installed on a Designated Product to another device
if the Designated Product is inoperable or malfunctioning, if Licensee provides written notice to Contractor
of the temporary transfer and identifies the device on which the Software is transferred. Temporary
transfer of the Software to another device must be discontinued when the original Designated Product is
returned to operation and the Software must be removed from the other device. Licensee must provide
prompt written notice to Contractor at the time temporary transfer is discontinued.
4.4. When using Contractor's Radio Service Software ("RSS"), Licensee must purchase a separate
license for each location at which Licensee uses RSS. Licensee's use of RSS at a licensed location does Ei
not entitle Licensee to use or access RSS remotely. Licensee may make one copy of RSS for each
licensed location. Licensee shall provide Contractor with a list of all locations at which Licensee uses or
intends to use RSS upon Contractor's request.
4.5. Licensee will maintain, during the term of this Agreement and for a period of two years thereafter,
accurate records relating to this license grant to verify compliance with this Agreement. Contractor or an
independent third party("Auditor") may inspect Licensee's premises, books and records, upon reasonable
prior notice to Licensee, during Licensee's normal business hours and subject to Licensee's facility and
security regulations. Contractor is responsible for the payment of all expenses and costs of the Auditor.
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Any information obtained by Contractor and the Auditor will be kept in strict confidence by Contractor and
the Auditor and used solely for the purpose of verifying Licensee's compliance with the terms of this
Agreement.
Section 5 OWNERSHIP AND TITLE
Contractor, its licensors, and its suppliers retain all of their proprietary rights in any form in and to the
Software and Documentation, including, but not limited to, all rights in patents, patent applications,
inventions, copyrights, trademarks, trade secrets, trade names, and other proprietary rights in or relating
to the Software and Documentation (including any corrections, bug fixes, enhancements, updates,
modifications, adaptations, translations, de-compilations, disassemblies, emulations to or derivative works
from the Software or Documentation, whether made by Contractor or another party, or any improvements
that result from Contractor's processes or, provision of information services). No rights are granted to
Licensee under this Agreement by implication, estoppel or otherwise, except for those rights which are
expressly granted to Licensee in this Agreement. All intellectual property developed, originated, or i
prepared by Contractor in connection with providing the Software, Designated Products, Documentation
or related services, remains vested exclusively in Contractor, and Licensee will not have any shared
development or other intellectual property rights.
Section 6 LIMITED WARRANTY; DISCLAIMER OF WARRANTY
6.1. The commencement date and the term of the Software warranty will be a period of ninety (90)
days from Contractor's shipment of the Software (the "Warranty Period"). If Licensee is not in breach of
any of its obligations under this Agreement, Contractor warrants that the unmodified Software, when used
properly and in accordance with the Documentation and this Agreement, will be free from a reproducible
defect that eliminates the functionality or successful operation of a feature critical to the primary -
functionality or successful operation of the Software. Whether a defect occurs will be determined by
Contractor solely with reference to the Documentation. Contractor does not warrant that Licensee's use
of the Software or the Designated Products will be uninterrupted, error-free, completely free of Security
Vulnerabilities, or that the Software or the Designated Products will meet Licensee's particular
requirements. Contractor makes no representations or warranties with respect to any third party software
included in the Software.
6.2 Contractor's sole obligation to Licensee and Licensee's exclusive remedy under this warranty is
to use reasonable efforts to remedy any material Software defect covered by this warranty. These efforts
will involve either replacing the media or attempting to correct significant, demonstrable program or
documentation errors or Security Vulnerabilities. If Contractor cannot correct the defect within a
reasonable time, then at Contractor's option, Contractor will replace the defective Software with
functionally-equivalent Software, license to Licensee substitute Software which will accomplish the same
objective, or terminate the license and refund the Licensee's paid license fee.
6.3. Warranty claims are described in the Primary Agreement.
6.4. The express warranties set forth in this Section 6 are in lieu of, and Contractor disclaims, any and
all other warranties (express or implied, oral or written) with respect to the Software or Documentation,
including, without limitation, any and all implied warranties of condition, title, non-infringement,
merchantability, or fitness for a particular purpose or use by Licensee (whether or not Contractor knows,
has reason to know, has been advised, or is otherwise aware of any such purpose or use), whether
arising by law, by reason of custom or usage of trade, or by course of dealing. In addition, Contractor
disclaims any warranty to any person other than Licensee with respect to the Software or Documentation.
Section 7 TRANSFERS
Licensee will not transfer the Software or Documentation to any third party without Contractor's prior
written consent. Contractor's consent may be withheld at its discretion and may be conditioned upon
transferee paying all applicable license fees and agreeing to be bound by this Agreement. If the
Designated Products are Contractor's radio products and Licensee transfers ownership of the Contractor
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radio products to a third party, Licensee may assign its right to use the Software (other than RSS and
Contractor's FLASHport®software)which is embedded in or furnished for use with the radio products and
the related Documentation; provided that Licensee transfers all copies of the Software and
Documentation to the transferee, and Licensee and the transferee sign a transfer form to be provided by
Contractor upon request, obligating the transferee to be bound by this Agreement. I
Section 8 TERM AND TERMINATION
8.1 Licensee's right to use the Software and Documentation will begin when the Primary Agreement a
is signed by both parties and will continue for the life of the Designated Products with which or for which
the Software and Documentation have been provided by Contractor, unless Licensee breaches this
Agreement, in which case this Agreement and Licensee's right to use the Software and Documentation
may be terminated immediately upon notice by Contractor.
8.2 Within thirty (30) days after termination of this Agreement, Licensee must certify in writing to
Contractor that all copies of the Software have been removed or deleted from the Designated Products I
and that all copies of the Software and Documentation have been returned to Contractor or destroyed by II
Licensee and are no longer in use by Licensee.
8.3 Licensee acknowledges that Contractor made a considerable investment of resources in the I
development, marketing, and distribution of the Software and Documentation and that Licensee's breach I
of this Agreement will result in irreparable harm to Contractor for which monetary damages would be
inadequate. If Licensee breaches this Agreement, Contractor may terminate this Agreement and be
entitled to all available remedies at law or in equity (including immediate injunctive relief and repossession
of all non-embedded Software and associated Documentation unless Licensee is a Federal agency of the
United States Government).
Section 9 UNITED STATES GOVERNMENT LICENSING PROVISIONS
This Section applies if Licensee is the United States Government or a United States Government agency.
Licensee's use, duplication or disclosure of the Software and Documentation under Contractor's I
copyrights or trade secret rights is subject to the restrictions set forth in subparagraphs (c)(1) and (2) of a
the Commercial Computer Software-Restricted Rights clause at FAR 52.227-19 (JUNE 1987), if
applicable, unless they are being provided to the Department of Defense. If the Software and
Documentation are being provided to the Department of Defense, Licensee's use, duplication, or
disclosure of the Software and Documentation is subject to the restricted rights set forth in subparagraph
(c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 (OCT
1988), if applicable. The Software and Documentation may or may not include a Restricted Rights notice,
or other notice referring to this Agreement. The provisions of this Agreement will continue to apply, but
only to the extent that they are consistent with the rights provided to the Licensee under the provisions of
the FAR or DFARS mentioned above, as applicable to the particular procuring agency and procurement
transaction.
Section 10 CONFIDENTIALITY
Licensee acknowledges that the Software and Documentation contain Contractor's valuable proprietary
and Confidential Information and are Contractor's trade secrets, and that the provisions in the Primary
Agreement concerning Confidential Information apply.
Section 11 LIMITATION OF LIABILITY
The Limitation of Liability provision is described in the Primary Agreement.
Section 12 NOTICES
Notices are described in the Primary Agreement.
Contractor.CSA.revision.6.16.13.doc 4
Contractor Contract No.
Section 13 GENERAL
13.1. COPYRIGHT NOTICES. The existence of a copyright notice on the Software will not be
construed as an admission or presumption of publication of the Software or public disclosure of any trade
secrets associated with the Software.
13.2. COMPLIANCE WITH LAWS. Licensee acknowledges that the Software is subject to the laws
and regulations of the United States and Licensee will comply with all applicable laws and regulations,
including export laws and regulations of the United States. Licensee will not, without the prior
authorization of Contractor and the appropriate governmental authority of the United States, in any form
export or re-export, sell or resell, ship or reship, or divert, through direct or indirect means, any item or
technical data or direct or indirect products sold or otherwise furnished to any person within any territory
for which the United States Government or any of its agencies at the time of the action, requires an export
license or other governmental approval. Violation of this provision is a material breach of this Agreement.
13.3. ASSIGNMENTS AND SUBCONTRACTING. Contractor may assign its rights or subcontract its
obligations under this Agreement, or encumber or sell its rights in any Software, without prior notice to or
consent of Licensee.
13.4. GOVERNING LAW. This Agreement is governed by the laws of the United States to the extent
that they apply and otherwise by the internal substantive laws of the State to which the Software is
shipped if Licensee is a sovereign government entity, or the internal substantive laws of the State of
Illinois if Licensee is not a sovereign government entity. The terms of the U.N. Convention on Contracts
for the International Sale of Goods do not apply. In the event that the Uniform Computer Information
Transaction Act, any version of this Act, or a substantially similar law (collectively "UCITA") becomes
applicable to a party's performance under this Agreement, UCITA does not govern any aspect of this
Agreement or any license granted under this Agreement, or any of the parties' rights or obligations under
this Agreement. The governing law will be that in effect prior to the applicability of UCITA.
13.5. THIRD PARTY BENEFICIARIES. This Agreement is entered into solely for the benefit of
Contractor and Licensee. No third party has the right to make any claim or assert any right under this
Agreement, and no third party is deemed a beneficiary of this Agreement. Notwithstanding the foregoing,
any licensor or supplier of third party software included in the Software will be a direct and intended third
party beneficiary of this Agreement.
13.6. SURVIVAL. Sections 4, 5, 6.3, 7, 8, 9, 10, 11 and 13 survive the termination of this Agreement.
13.7. ORDER OF PRECEDENCE. In the event of inconsistencies between this Exhibit and the
Primary Agreement, the parties agree that this Exhibit prevails, only with respect to the specific subject
matter of this Exhibit, and not the Primary Agreement or any other exhibit as it applies to any other
subject matter.
13.8 SECURITY. Contractor uses reasonable means in the design and writing of its own Software and
the acquisition of third party Software to limit Security Vulnerabilities. While no software can be
guaranteed to be free from Security Vulnerabilities, if a Security Vulnerability is discovered, Contractor will
take the steps set forth in Section 6 of this Agreement.
Contractor.CSA.revision.6.16.13.doc 5
Contractor Contract No.
EXHIBIT D I
PAYMENT SCHEDULE
Except for a payment that is due on the Effective Date, the City will make payments to _
Contractor within twenty (45) days after receipt of each invoice. The City will make payments
when due in accordance with the following milestones.
25% of the Contract Price due upon contract execution;
60% of the Contract Price due upon shipment of equipment;
5% of the Contract Price due upon installation of equipment;
5% of the Contract Price upon system acceptance or start of beneficial use; and
5% of the Contract Price due upon Final Acceptance.
-55
Contractor reserves the right to make partial shipments of equipment and to request payment
upon shipment of such equipment. In addition, Contractor reserves the right to invoice for
installations or civil work completed on a site—by—site basis, when applicable.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 8, 2016
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. #16-5928 ITEM NO.: VIII.N.
Mary Krause Award Contract for 2016 Street Sweeping
Public Works/Engineering Pearson Brothers, Inc.
Requested Action
Move to: Award contract for 2015 Street Sweeping to Pearson Brothers, Inc. in the amount of
$27,600.
Synopsis
Quotes were received Friday, February 19, 2016 for the 2016 Street Sweeping. Three quotes
were received as follows:
Pearson Brothers, Inc. $27,600
Reliakor Services, Inc. $ 27,900
Allied Blacktop Company $ 30,000
Background Information
The schedule for street sweeping in the project specifications indicates a start date of April 11,
2016. This early cleaning of the streets prevents sand and debris that has accumulated from the
winter snow removal operations from entering into the City's wetlands, creeks and lakes. Spring
sweeping of the streets takes approximately 8-10 working days. Street sweeping after the
sealcoat project also is part of this project.
Financial Implications
Funding for the spring sweeping is from the Storm Water Utility Fund. Street sweeping that
occurs after the sealcoating project is funded from the Operating and Maintenance budget for
sealcoating and the CIP fund for pavement maintenance.
Staff recommends award to Pearson Brothers, Inc.
Attachment
Hourly Price Comparison 2012-2016
Historical Sweeping Prices
ReliaKor Pearson
2012 Services Allied Blacktop Brothers,Inc.
Spring Sweeping $78.50/hour $80/hour $77/hour
Sealcoat Sweeping $83.50/hour $95/hour $86.50/hour
ReliaKor Pearson
2013 Services Allied Blacktop Brothers,Inc.
Spring Sweeping $77/hour $79/hour $79/hour
Sealcoat Sweeping $77/hour $94/hour $92/hour
ReliaKor Pearson
2014 Services,Inc. Allied Blacktop Brothers,Inc.
Spring Sweeping $77/hour $79/hour $95/hour
Sealcoat Sweeping $89/hour $95/hour $125/hour
ReliaKor
2015 Services Allied Blacktop
Spring Sweeping $77/hour $98/hour
Sealcoat Sweeping $89/hour $98/hour
ReliaKor Pearson
2016 Services,Inc. Allied Blacktop Brothers,Inc.
Spring Sweeping $93/hour $90/hour $84/hour
Sealcoat Sweeping $93/hour $120/hour $108/hour
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 8, 2016
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 16-5941 ITEM NO.: VIII.O.
Randy Newton Approve Professional Services Agreement with
Public Works/Engineering WSB &Associates, Inc. for Design Services for
the Medcom Boulevard Improvement Project
Requested Action
Move to: Approve Professional Services Agreement with WSB &Associates, Inc. for design services
for the Medcom Boulevard Improvement Project.
Synopsis
This Professional Services Agreement will provide design services for the extension of Medcom
Boulevard from its current termination point to Franlo Road. In addition, design work will be completed
for signalization and geometric improvements at the Prairie Center Drive/Franlo Road intersection.
Current schedule is to construct the proposed improvements in 2017.
Background Information
The Medcom Boulevard Improvement Project includes the following two significant project
components which have been identified in the City's Capital Improvement Program and are scheduled
for 2017 construction:
• Extension of Medcom Boulevard to Franlo Road. This is an important backage road connection that
provides additional and improved access to the arterial roadway network for adjacent developed areas.
• Installation of a traffic signal at the Prairie Center Drive/Franlo Road intersection including
geometric and pedestrian improvements. In conjunction with the Medcom Boulevard extension it
will improve access to the arterial roadway network for the adjacent developed areas.
The design work for both project elements will be coordinated with the development project submittal
that was recently received for the three vacant properties to the southwest of the Prairie Center Drive/
Franlo Road intersection. It is anticipated that the proposed development project will provide the
necessary right-of-way dedication for the extension of Medcom Boulevard.
Initiating design at this time will allow for effective coordination between the roadway project and the
development project. Proposed schedule for the project is to complete preliminary design of the project
in coordination with the adjacent development project. Final design would then be completed between
by early 2017 allowing for construction in 2017. This schedule matches the proposed schedule of the
adjacent development.
Financial Implications
The Professional Services Agreement with WSB has an estimated cost of$135,000. The combined
project cost estimate in the CIP is $1.35 million, however this number is expected to change as specific
details of the project are defined. Primary funding for the project will be from the Municipal State Aid
and Transportation funds.
Attachment
Professional Services Agreement
Standard Agreement for Professional Services
This Agreement ("Agreement") is made on the 8 day of March , 20 16
between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is
8080 Mitchell Road, Eden Prairie, MN 55344, and WSB & Associates, Inc. , a
Minnesota Corporation (hereinafter "Consultant") whose business address is
701 Xenia Avenue South, Suite 300, Minneapolis, MN 55416
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 Medcom Boulevard Design 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 ( WSB Proposal Letter dated February 26, 2016 )
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 March 8, 2016 through
June 30, 2017 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 $ 135,000 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 2014.04 Page 2 of 8
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 Tony Heppelmann,
Sean Delmore, and Lee Gustafson 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 2014.04 Page 3 of 8
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.
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
$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 Professional Services 2014.04 Page 4 of 8
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 Worker's Compensation Policy, Automobile Policy, and
Professional Liability 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 for the Worker's Compensation Policy and the Professional
Liability Policy, shall be primary and non-contributory.
j. All polices, except the 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.
I. It shall be Consultant's responsibility to pay any retention or deductible for the
coverages required herein.
m. All policies shall contain a provision or endorsement that coverages afforded
thereunder 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.
Standard Agreement for Professional Services 2014.04 Page 5 of 8
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
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.
13. 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
Standard Agreement for Professional Services 2014.04 Page 6 of 8
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.
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
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.
Standard Agreement for Professional Services 2014.04 Page 7 of 8
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.
CITY OF EDEN PRAIRIE
Mayor
City Manager
FIRM NAME:
By:
Its:
Standard Agreement for Professional Services 2014.04 Page 8 of 8
A
WSB
Building a legacy—your legacy. 701 Xenia Avenue South
Suite 300
Minneapolis,MN 55416
Tel: 763-541-4800
Fax: 763-541-1700
February 26, 2016
Randy Newton, PE, PTOE
Assistant City Engineer I Traffic Engineer
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
RE: Proposal to prepare Preliminary and Final Design for Medcom Boulevard Extension and
intersection improvements and traffic signal at the Franlo Road and Prairie Center Drive
Intersection
Dear Randy,
This letter is WSB's proposal to provide engineering services for the preliminary and final design for
Medcom Boulevard and the intersection of Franlo Road and Prairie Center Drive. This letter provides
our understanding of the project scope, an outline of the work tasks we would complete, our proposed
team, and estimated budget. We would be happy to discuss the scope and budget if you feel we have
missed anything or misunderstood.
Understanding
It has been the City's intention to extend Medcom Boulevard when the remaining land north of this
extension was developed. The extension would provide alternative access for businesses on Joiner Way
and residents on Cardiff Lane who currently only have access through Medcom Boulevard and Flying
Cloud Drive. As traffic on Flying Cloud Drive continues to increase the delays for left-turns from and to
Flying Cloud Drive will increase and the safety will decline.The Medcom Boulevard extension and signal
at Franlo Road and Prairie Center Drive will provide an alternative through a signalized access. The City
has recently received a development proposal for the remaining development parcels and would like to
complete the design for the Medcom extension in coordination with the design for the site in order to
efficiently develop both projects.
The City also proposes to signalize the intersection of Franlo Road and Prairie Center Drive as part of this
project. As part of the signalization project the City would like to address several geometric issues that
currently exist at the intersection including small refuge islands, grades through the intersection,
pedestrian ramps, alignment of turn lanes,the lane configurations, and roadway geometry on Franlo
Road south of Prairie Center Drive. The design of the Franlo Road and Prairie Center Drive intersection
should be consistent with improvements proposed for Preserve Boulevard and Prairie Center Drive. In
addition, the City would like to interconnect the traffic signals at Preserve, Franlo and Flying Cloud Drive.
WSB will coordinate with the consultant designing Preserve Boulevard and Prairie Center Drive to
ensure consistency in design.
Equal Opportunity Employer
wsbeng.com
K:\Transportation\Marketing\P roposa Is\M edco m_rnewton-160226.docx
Randy Newton, PE, PTOE
February 26, 2016
Page 2
There are many challenges associated with the design for the extension of Medcom Boulevard. A
preliminary profile for Medcom Boulevard developed by city staff indicate that 8 to 10%grades will be
required to the east of the current terminus and fills and cuts of up to 10 feet will be necessary. A
portion of the existing Medcom Boulevard will need to be raised in order to accomplish the grade
change up to Franlo Road. In addition, the City would like to include a trail or sidewalk along Medcom
Boulevard which may involve modification of the existing curb lines. It is the desire of the City to avoid
the need for additional right-of-way other than right-of-way needed from the planned development.
Storm water will be a key consideration in the design as the grades are changed along Medcom
Boulevard which will affect drainage for the adjacent properties. It is expected that retaining walls may
be necessary, especially on the south side, in order to minimize the construction limits of the project
and avoid encroachment into existing ponding areas. The City also proposes to extend the water main
in Medcom Boulevard to Franlo Road.
The current schedule proposes to build this project in 2017 with plans being developed in 2016. The
work will have to be coordinated with the site design for the development project. It is expected that an
iterative process with the developer's engineers will be needed to ensure that the two projects are
consistent in their design.
Work Scope
Approach
There are many details that will need to be worked out for the extension of Medcom Boulevard
including the cross-section, alignment, profile, need for and location of retaining walls, storm drainage
system, water main extension, and potential for modifications to sanitary system. The overall
earthwork balance may also be a consideration. It is important that each of these issues be resolved in a
collaborative process between the City and the developer in order to minimize impacts and costs. At
the same time the geometric modifications at Franlo Road and Prairie Center Drive should be addressed.
The first step in this process will be to develop a preliminary layout that shows the extent of the
proposed improvements and can be used for estimating construction costs and right-of-way needs. This
preliminary layout would include the proposed cross-section for Medcom Boulevard, proposed
alignment and profile,the location and height of retaining walls, conceptual storm water plans, and the
modifications required to existing city and private utilities. It is expected that this layout will be
developed in an iterative process with the developer and adjacent property owners. Once a final layout
is approved, WSB would complete the design and prepare construction plans.
WSB would develop an initial layout based on the current development plans and direction from the
City. This layout would be modified as necessary to address concerns from the City and/or developer
and adjacent property owners. WSB will meet with adjacent property owners to get input on the layout
as it is developed. It is expected that an open house will be held once the layout is close to being
finalized. A second open house would be held during the development of final construction plans to
address any remaining concerns.
K:\Transportation\Marketing\Proposa Is\Med com_rn ewton-160226.docx
Randy Newton, PE, PTOE
February 26, 2016
Page 3
WSB would utilize the City's Lidar mapping to develop the preliminary layout. WSB would complete
wetland delineation and a tree inventory to verify wetland impacts or tree impacts. Once the
preliminary layout is approved WSB would complete design surveys that would provide the needed
information on tie in points and help in minimizing the impacts on trees and ponds. WSB would also
identify any additional geotechnical data that is needed. It is understood that the City would contract
separately for the geotechnical work, but that WSB would coordinate with the geotechnical firm.
Work Tasks
The specific work tasks that would be completed are the following:
1.0 Project Management
1.1 Project Administration—This task includes internal coordination of the project team,
billing, progress reports and weekly or bi-weekly updates with the City.
1.2 Coordination with Developer—Assume 4 meetings with developer.
1.3 Coordination with City—Assume 6 meetings with City staff.
1.4 Quality reviews—Quality reviews will be completed for all deliverables provided to the
City.
2.0 Public Involvement
2.1 Meetings with property owners—Assume 6 meetings
2.2 Open Houses—Assumes 2 meetings—WSB will prepare all exhibits, info, meeting
notifications, mailings, etc. for the open houses. (City will mail)
3.0 Data Collection
3.1 Obtain data from city including lidar mapping, existing traffic counts, preliminary profile,
developer plans, as-builts, sample plans, and right-of-way descriptions. Other data may
be identified.
3.2 Conduct traffic counts at Franlo Road and Prairie Center Drive
4.0 Tree Inventory Survey and Wetland Delineation—WSB will conduct a tree inventory within the
estimated construction limits and also complete a wetland delineation.
5.0 Preliminary layout for Medcom Boulevard (5a) and the intersection of Franlo Road and Prairie
Center Drive(5b)
5.1 Initial layout—Preliminary cross-section, alignment and profile with construction limits
5.2 Preliminary drainage plan—As part of this task WSB will evaluate alternative storm
water plans for the roadway in coordination with the development.
5.3 Revisions to initial layout—up to 3 rounds of revisions
5.4 Final layout
5.5 Identify geotechnical needs for final design
6.0 Design Survey—Pick up final tie in points and other necessary features for final design
7.0 Signal Justification Report
8.0 Final Design and Construction Plans- Medcom Boulevard
We have assumed that no modifications are required to Pond K and that retaining walls may be
constructed on the south side of Medcom to avoid the need for modifying Pond K. If it is
necessary to modify the outlets into Pond K this would be considered additional work. WSB
K:\Transportation\Marketing\Proposa Is\Med com_rn ewton-160226.docx
Randy Newton, PE, PTOE
February 26, 2016
Page 4
would meet with City as necessary to review the design of different project components as
design is being developed.
8.1 70% Plans—Complete plan set for City review
8.2 95% plans—Final revised plans incorporating City comments
8.3 100% Plans—Final revisions incorporating final review comments
9.0 Final Design and Construction Plans for Franlo Road and Prairie Center Drive Intersection
9.1 70% Plans—Complete plan set for City review
9.2 95% plans—Final revised plans incorporating City comments and submittal to state aid
9.3 100% Plans—Final revisions incorporating any state aid comments
10.0 Specifications and Contract Documents
11.0 Bidding Process
11.1 Advertise
11.2 Answer Bidder Questions
11.3 Open and Tabulate bids
11.4 Recommend award
Staffing Plan
WSB proposes the following team to complete this project
Tony Heppelmann, PE—Project Manager
Tony's role will be to provide the overall coordination of the project team and ensure that the project is
delivered on-time, within budget, and high quality. He will report on project progress to the City on a
weekly or bi-weekly basis. Tony will also participate in the coordination with the developer and
property owners to ensure the consistency in design.
Sean Delmore, PE—Franlo Road and Prairie Center Drive
Sean will be responsible for the intersection improvements and signal design at Franlo Road and Prairie
Center Drive. He will be assisted by Mike Shomion, PE for the intersection design, Mary Schwartz for the
signal design, and Erik Seiberlich for the SJR and lighting. Mike Shomion will also address the signing,
striping for both projects and the design of the intersection pedestrian ramps.
Lee Gustafson, PE—Medcom Boulevard
Lee will be responsible for the Medcom Boulevard design. His primary role will be related to
coordination with the developer,the City, and adjacent property owners as well as quality reviews.
Emily Leuth, PE will assist Lee with the design of Medcom Boulevard. She will be responsible for the
development of the preliminary layout and final construction plans. She will be assisted by a CAD
technician in the layout and plan development.
K:\Transportation\Marketing\Proposa Is\Med com_rn ewton-160226.docx
Randy Newton, PE, PTOE
February 26, 2016
Page 5
Other Staff
We will assign an engineer from our Water Resources group to put together the preliminary and final
drainage plans for both Medcom Boulevard and the intersection of Franlo Road and Prairie Center Drive.
We will also assign a survey crew to collect the additional survey information required for the project.
We also have available part time staff for traffic counting to minimize the costs of collecting this data.
Schedule
WSB will commence work as soon as the Professional Services Agreement is approved by the City
Council. We will begin work immediately on the Medcom layout to provide timely and effective
coordination with the development project.
Cost Estimate
The table on the following page provides a breakdown of the estimated hours and costs by task and by
staff person for this project. We anticipate that there will be a need for significant coordination with the
developer and property owners as part of this project and we have indicated our assumptions relative to
the number of meetings we anticipate. Our total estimated cost for this project is $120,190. We will bill
the City for the actual hours worked based on our 2016 hourly rate schedule.
Due to the nature of this design work and the potential for changes in the scope of the project, we
suggest including a 10%contingency of$11,869.00. The contingency would be for documented
additional work scope and must be pre-approved by the City's Project Manager.
Sincerely,
WSB&Associates, Inc.
'‘411 kf(t4% .
Anthony Heppelmann, PE
Vice President
K:\Transportation\Marketing\Proposa Is\Med com_rn ewton-160226.docx
Medcom Boulevard and Franlo Road
Estimated Cost
Tony Mary Water Environemental Cad Traffic
Work Tasks Heppelmann Sean Delmore Schwartz Eric Seiberlich Mike Shomion Lee Gustafson Emily Leuth Resources Scientist Technician Survey Crew Counters Total Hours Sub-Task Cost Task Cost
1.0 Project Management _ _ $ 18,586.00
Administration 24 24 $ 3,792.00
Coordination with Developer--4 Mtgs 12 16 8 36 $ 5,320.00
Coordination with City--6 Mtgs 18 6 6 30 $ 4,674.00
Quality Reviews 12 4 16 _ 32 $ 4,800.00
2.0 Public Involvement _ $ 6,636.00
Property Owner Mtgs-6 Mtgs 8 18 26 $ 4,108.00
Open Houses--2 Mtgs _ 8 8 16 $ 2,528.00
3. Data Collection $ 1,912.00
Obtain City data 4 4 $ 632.00
Conduct Traffic Counts 4 16 20 $ 1,280.00
4 Tree Inventory and Wetland Delineation _ _ 32 8 40 $ 4,032.00 $ 4,032.00
5a. Preliminary layout for Medcom Blvd _ _ $ 15,240.00
Initial Layout 8 12 20 $ 1,916.00
Preliminary Drainage Plan 4 80 84 $ 9,408.00
Revisions to Layout 16 12 28 $ 2,812.00
Finalize Layout I 4 4 8 $ 788.00
Geotechnical Needs 2 2 $ 316.00
5b Preliminary layout for Franlo/Prairie Center $ 3,368.00
Initial Layout 8 8 16 $ 1,648.00
Revisions to Layout 8 4 12 $ 1,308.00
Finalize Layout 2 2 4 $ 412.00
6.0 Design Survey 24 24 $ 3,936.00 $ 3,936.00
7.0 Signal Justification Report 32 32 $ 4,064.00 $ 4,064.00
8.0 Final Design and Construction Plans--Medcom Boulevard _ $ 27,060.00
70%Plans 2 4 4 4 120 32 16 182 $ 20,266.00
95%Plans 4 2 4 24 4 8 46 $ 5,150.00
100%Plans 4 4 2 4 14 $ 1,644.00
9.0 Final Design and Construction Plans for Franlo/PC Int _ _ $ 27,220.00
70%Plans 8 88 8 40 8 152 $ 17,568.00
95%Plans 4 24 24 8 60 $ 6,860.00
100%Plans 4 8 8 4 24 $ 2,792.00
10.0 Specifications and Contract Documents 8 2 4 2 4 20 $ 2,648.00 $ 2,648.00
11.0 Bidding $ 3,988.00
Advertise 4 4 8 $ 1,080.00
Answer Questions 4 4 8 16 $ 1,828.00
Open and Tabulate Bids 2 4 6 $ 764.00
Recommend Award 2 2 $ 316.00
Total Hours 74 44 138 50 98 _ 88 208 118 _ 32 90 _ 32 16 988 $ 118,690.00
Billing Rate $ 158.00 $ 147.00 $ 112.00 $ 127.00 $ 121.00 $ 158.00 $ 112.00 $ 112.00 $ 85.00 $ 85.00 $ 164.00 $ 52.00 $ 118,690.00
1Total Labor Cost $ 11,692.00 $ 6,468.00 $ 15,456.00 $ 6,350.00 $ 11,858.00 $ 13,904.00 $ 23,296.00 $ 13,216.00 $ 2,720.00 $ 7,650.00 $ 5,248.00 $ 832.00 $ 118,690.00
Direct Expenses $ 1,500.00
Contingency 10% $ 11,869.00
Total Estimated Cost $ 132,059.00
A
■■
WSB 2016 Rate Schedule ■■
N
O
O'
Billing Rate/Hour
I 1
Principal $158 rn
Associate /Senior Project Manager $1371 $1471 $158
rn
Project Manager $121 1 $1271 $133 0
Project Engineer $1041 $1 121 $1211 $1271 $133 rn
Graduate Engineer $801 $851 $921 $98
Sr Landscape Architect/Sr Planner/Sr GIS Specialist $1091 $1 18I $1251 $1331 $138
Landscape Architect/ Planner/ GIS Specialist $661 $741 $811 $891 $991 $104
Engineering Specialist/Senior Environmental Scientist $901 $981 $1051 $1 12I $1211 $130
Engineering Technician / Environmental Scientist $521 $601 $671 $741 $791 $85
Construction Observer $871 $941 $991 $1051 $110
Coring Crew
One-Person Crew $162
Two-Person Crew $238
Survey Crew
One-Person Crew $132
Two-Person Crew $164
Three-Person Crew $184
Underwater Inspection Dive Team $460
Office Technician $421 $651 $751 $85
Costs associated with word processing, cell phones, reproduction of common correspondence and mailing
are included in the above hourly rates. Vehicle mileage is normally included in our billing rates, but can be
charged separately if specifically outlined by contract.
Reimbursable expenses include costs associated with plan, specification and report reproduction, permit fee,
delivery cost, etc.
Rate Schedule is adjusted annually.
Multiple rates illustrate the varying levels of experience within each category.
�� Engineering • Planning • Environmental • Construction ��
wsbeng.com
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 8, 2016
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 14702 ITEM NO.: VIII.P.
Rick Wahlen Award Contract to Classic Protective
Public Works/Utilities Coatings for the Reconditioning of the
Town Center Elevated Water Storage
Reservoir
Requested Action
Move to: Award Contract to Classic Protective Coatings for the Reconditioning of the
Town Center 2-Million Gallon Elevated Water Storage Reservoir in the Amount
of$1,452,625.
Synopsis
Bids were received on Monday, February 29, 2016, for the Cleaning, Repairing, and Painting of
the Town Center 2-Million Gallon Elevated Water Storage Reservoir. Two bids were received
from a pool of three eligible contractors. The results are recorded on the attached Bid
Tabulation.
Background Information
This project consists of grinding off any discovered metal irregularities, repairing existing welds,
installing additional manway openings in the roof to meet code, installing new frost resistant
vents, various access modifications, sandblasting, and repainting the interior and exterior of the
tank and all steel surfaces, and repainting column surfaces within the decorative feaux-stone
arches. A new Eden Prairie logo will be applied in accordance with the design depicted in
Attachment 2.
Classic Protective Coatings has successfully reconditioned six elevated water storage tanks of
similar complexity and size throughout the country in the last four years, as well as 152 water
tower recoating projects of smaller size since 2003. Eden Prairie's Town Center water tower is
one of the largest elevated tanks in use and few reconditioning companies have the equipment or
the expertise to take-on a project of this size and complexity.
The project will be funded through the sale of revenue bonds.
Attachments
• Bid Tabulation
• Logo Design
BID TABULATION
Bid Date: February 29,2016 Opening Time: 2:00 PM Owner: City of Eden Prairie,Minnesota
Proposal Number: 1.0 Description: 2 Million Gallon Elevated Water Tower Recoating,Town Center
IC Number: 167030 Construction Date: May 1,2016 to September 20,2016 (152 Calendar Days)
Contractor: Classic Protective Odland Protective TMI Coatings,Inc.
Coatings Coatings
Bid Bond(10%) YES Declined to Bid YES
Structural Modifications $256,700 $165,000
Surface Repairs $14,500 $14,500
Interior Wet Abrasive $393,200 $547,000
Blast&Coating
Interior Dry Abrasive $23,200 $17,400
Blast&Coating
Exterior Abrasive Blast $589,775 $821,800
Containment&Disposal
Lettering&Logo $16,000 $24,000
Mobilization,Including $60,000 $75,000
Clean-Up
Protection of Antenna $2,500 $5,000
GridBee Mixer $17,000 $15,000
Exterior Column Spot $3,750 $5,000
Repair&Coating
Exterior Column $76,000 $30,000
Recoating
Total Base Bid $1,452,625 $1,719,700
IF,
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CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda March 8, 2016
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.Q.
Rick Getschow, City Manager Resolution Amending Resolution 2016-12
Setting City Council Meeting Dates, Times
and Locations
Requested Action
Move to: Adopt Resolution amending Resolution No. 2016-12 designating official City Council
meeting dates, times and places.
Synopsis
The April 19 City Council Workshop and Council Meeting are being cancelled due to the Eden
Prairie Reads event, which will be moderated by Mayor Tyra-Lukens.
Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2016-
_
A RESOLUTION AMENDING RESOLUTION NO. 2016-12 DESIGNATING
THE OFFICIAL MEETING DATES, TIME AND PLACE FOR
THE CITY OF EDEN PRAIRIE COUNCIL 2016
BE IT RESOLVED,that the April 19, 2016, City Council workshop and meeting are
cancelled.
ADOPTED by the Eden Prairie City Council this 8th day of March, 2016.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE:
SECTION: Public Hearing March 8, 2016
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A.
Community Development 2016 CDBG Funding Recommendations
Janet Jeremiah, Director
Molly Koivumaki, Housing and
Human Services Manager
Requested Action
Move to:
• Close the public hearing; and
• Adopt the Resolution approving the use of 2016 CDBG funds as recommended by the Eden
Prairie Human Services Committee.
Synopsis
The office of Housing and Urban Development (HUD) has announced Eden Prairie's 2016
CDBG allocation to be $210,636. The regulations stipulate that public service funding may not
exceed 15 percent of the City's total allocation ($210,636), plus 15 percent of the previous year's
program income. The Human Services Review Committee reviewed the 2016 CDBG proposals
and recommended the following activities be funded.
Funding County % of
# Human Services Activity Level Priority Allocation
1 PROP Housing Support Services $22,000 High 10%
2 YMCA Child Care Subsidy $10,000 High 5%
3 HOME (Household & Outside Maintenance for $9,000 High 4%
the Elderly)
4 PROP (Emergency Vehicle Repair) $12,000 High 6%
Subtotal $53,000
Funding County
Housing Activities Level Priority
5 Housing Rehabilitation Deferred Loan Program $78,536 High 38%
6 Affordable Housing-WHAHLT $55,000 High 26%
7 Fair Housing Initiative $2,100 High 1%
8 Program Administration $22,000 High 10%
Grand Total $210,636
Background Information
The discussion of how to distribute the 2016 CDBG funds through the Human Services Review
Committee included a complete review of all "Request for Funding" applications and the
distribution percentage of funds in 2015. The Committee's goals were to have the best and
highest use of these funds for human services that demonstrated the most direct benefit to the
community.
Attachments
• CDBG Summary of Proposals
• Resolution
• Action Plan
2016 CDBG Public Service Application Summary
2016
Type of 2016 2015 HSRC Clients Projected
Funds Activity Agency Request Funding Recomme Description Served Clients
ndation 2015* 2016
Emergency Emergency financial 10
Public Service Housing PROP $30,000 $19,000 $22,000 assistance for rent/mortgage Households 25
Assistance payments Households
$9,555
Household Senior Provide maintenance and chore 22
Chore& Comm. service to residents 60 and older Households 38
Public Service Main. Services $10,000 $9,000 $9,000 $3489 Households
for elderly (HOME)
Car repair for low-income families.
CAPSH pays 75%of repair costs up 13
VehPublic Service Replcleair 20
CAPSH $16,250 $15,000 $0 to$750 per low/mod income resident. Residents Residents
CAPSH will charge the city $1250 $8158
for administration of the program
Car repair for low-income Eden
Prairie families. PROP will
Public Service Vehicle PROP $15,000 $0 $12,000 administer the program that pays 75% N/A 20
Repair Residents
of repair costs up to$750 per
low/mod income resident.
Subsidize before and after school
Childcare child care for low/mod income Eden 13 32
Public Service subsidy YMCA $20,000 $11,000 $10,000 Prairie families. Individuals Youth
$5500
TOTAL $91,250 $54,000 $53,000
*Clients served 7/1/2015 through 12/31/2015
Public Service funds available for 2016=$53,000
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2016-
RESOLUTION APPROVING USE OF FUNDS FOR 2016
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
WHEREAS, the City of Eden Prairie, as an entitlement community, participates in the
Community Development Block Grant Program; and
WHEREAS,the City of Eden Prairie has developed a proposal for the use of CDBG funds, and
held a public hearing on March 8, 2016, to obtain the views of citizens on the proposed use of
$210,636 for the 2016 Community Development Block Grant Program.
BE IT RESOLVED that the City Council of the City of Eden Prairie approves the following
activities for funding from the Block Grant program, and authorizes and directs the Mayor and
the City Manager to execute Sub recipient and Third Party Agreements on behalf of the City.
# Human Services Activity Funding
Level
1 PROP Housing Support Services $22,000
2 YMCA Child Care Subsidy $10,000
3 HOME (Household & Outside Maintenance for $9,000
the Elderly)
4 PROP (Emergency Vehicle Repair) $12,000
Subtotal $53,000
Housing Activities Funding
Level
5 Housing Rehabilitation Deferred Loan Program $78,536
6 Affordable Housing-WHAHLT $55,000
7 Fair Housing Initiative $2,100
8 Program Administration $22,000
Grand Total $210,636
ADOPTED by the City Council of the City of Eden Prairie this 8th day of March, 2016.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
Executive Summary
AP-05 Executive Summary - 91.200(c), 91.220(b)
1. Introduction
The City of Eden Prairie became a Community Development Block Grant (CDBG) entitlement community
in 2006. CDBG funds are allocated to the City directly from the U.S. Department of Housing and Urban
Development (HUD). The City remains a part of the Hennepin County Consortium for purposes of the
Five Year Consolidated Plan and HOME funding.
2. Summarize the objectives and outcomes identified in the Plan
This could be a restatement of items or a table listed elsewhere in the plan or a reference to
another location. It may also contain any essential items from the housing and homeless needs
assessment, the housing market analysis or the strategic plan.
The City of Eden Prairie will carry out activities that will provide for the preservation of the City's housing
stock, provide affordable housing options, provide essential services to seniors,families and children
and support Fair Housing activities.
The city's CDBG allocation will be used for housing rehabilitation, energy improvements, accessibility
improvements and emergency repairs for the purpose of maintaining decent affordable housing.The
city plans to rehab six low/mod income, owner occupied homes during 2016.
The City's CDBG allocation will be used for affordable housing to help provide decent housing, while
maintaining affordability and sustainability. CDBG funds will be used for a first time home buyer
program to assist two low/moderate inome households purchase their first homes. CDBG funds will be
used by the West Hennepin Affordable Housing Land Trust to help acquire one single family home,
which will then be sold to a low/mod income first time homebuyer.
The city supports public service programs that provide assistance to low/moderate income seniors,
families and individuals.These funds help provide access to suitable living environments, maintain
affordability, availability and accessibility to housing activities. It is anticipated that 80 low/mod income
Eden Prairie residents will be assisted through PROP,YMCA, and Senior Community Services.
The City will utilize CDBG funds to support fair housing activities.
3. Evaluation of past performance
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This is an evaluation of past performance that helped lead the grantee to choose its goals or
projects.
Due to the limited amount of CDBG funds received,the city carefully considers each project to make
sure that it will meet as many housing and community development needs as possible. There is
particular focus on this with the public service agencies, requiring them to report of past performance
and anticipated future performance when applying for funds.The majority of organizations receiving
CDBG funding from the City of Eden Prairie meet 100 percent of their expected performance goals.
These organizations continuously experience high demand for their services and give the city insight into
community needs.
4. Summary of Citizen Participation Process and consultation process
Summary from citizen participation section of plan.
The City of Eden Prairie is part of the Hennepin County Consortium, and therefore the
City's Consolidated Plan is part of the Hennepin County Consortium Consolidated Plan. The City follows
Hennepin County's Citizen Participation Plan, which calls for the Hennepin County Consortium Action
Plan to be available for public comment 30 days prior to a public hearing before the Hennepin County
Board. The Eden Prairie City Council holds their own public hearing and allows the public to comment
on the proposed activities. Notice of the public hearing is published in the Eden Prairie News thirty days
prior to the council meeting. The City's Human Services Review Committee responds to questions and
inquiries about the plan, and makes recommendations to the City Council based on feedback. For the
2016 program year,the public notice was published on January 28, 2016 and the council meeting was
held on March 8, 2016.
5. Summary of public comments
This could be a brief narrative summary or reference an attached document from the Citizen
Participation section of the Con Plan.
No comments have been received by the city of Eden Prairie.
6. Summary of comments or views not accepted and the reasons for not accepting them
N/A
7. Summary
In summary,the City continues to serve as many low/moderate income households as possible. The city
believes that its citizen participation plan as well as input from public service providers enables it
to administer CDBG funds efficiently and to meet the needs of it's residents.
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The activities to be undertaken during the 2016 fiscal year address the priority needs and local
objectives as set forth in the Consolidated Plan. The activities that are part of the 2016 Action Plan are
to be completed within 12 months from the time funds are allocated to the City of Eden Prairie.
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PR-05 Lead & Responsible Agencies - 91.200(b)
1. Agency/entity responsible for preparing/administering the Consolidated Plan
The following are the agencies/entities responsible for preparing the Consolidated Plan and those responsible for administration of
each grant program and funding source.
Agency Role Name Department/Agency
Lead Agency EDEN PRAIRIE
CDBG Administrator EDEN PRAIRIE
Table 1—Responsible Agencies
Narrative
The city of Eden Prairie administers the city's CDBG program, but is a part of the Hennepin County consortium for purposes of the HOME
program. The county is the lead of the consortium per the joint cooperation agreement.
Consolidated Plan Public Contact Information
Jeanne Karschnia
City of Eden Prairie
8080 Mitchell Rd
Eden Prairie, MN 55344
952-949-8486
jkarschnia@edenprairie.org
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AP-10 Consultation - 91.100, 91.200(b), 91.215(1)
1. Introduction
The City of Eden Prairie has a Development Review Committee comprised of staff from Housing and
Human Services, Community Development and Planning, Engineering, Fire and Inspections. This
committee meets weekly to review proposals for new development and projects. This group works
directly with developers, non-profit agencies and other governmental agencies and transit authorities to
ensure that all perspectives are considered throughout the review process.
Provide a concise summary of the jurisdiction's activities to enhance coordination between
public and assisted housing providers and private and governmental health, mental health
and service agencies (91.215(1)).
It is anticipated that the South West Light Rail (SWLRT) line that will run from Minneapolis to Eden
Prairie will have a significant impact on the community. Several working groups have been formed to
work on various components of the project. One such work group is focused on housing along the new
transit corridor, and includes staff from Hennepin County, the cities of Minneapolis, St. Louis Park,
Hopkins, Minnetonka, Edina and Eden Prairie.
Maxfield Research was contracted to prepare a Corridor-wide housing inventory at the one-half mile,
one-mile and two-mile radius surrounding each proposed transit station along the corridor. Eden Prairie
is expected to have four transit stations. The inventory provides an analysis on housing conditions,
population demographics, employment, education, community trends and so forth. The report will help
communities understand where opportunities exist for housing, including affordable housing and other
transit oriented development. A scond study was conducted by Marquette Advisors whcih determined
the gaps that currently exist in housing options. This information will assist policy makers in strategic
planning for the appropriate mix of housing along the corridor.A Corridor Housing Strategy has been
prepared for communities along the corridor to use to implement housing and economic
development. A model Resolution was also prepared for elected officials to consider.
The City of Eden Prairie has developed many relationships with private and other public agencies from
which it gathers input on its activities set out in the Action Plan and also seeks implementation of some
of these activities.
The City is in contact with non-profit organizations (both those partially funded with City CDBG funds
and those that are not)to learn about the changes in their cliental. Many of these organizations have
seen an increase in cliental, including those who have never had to access the service in the past.
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Finally, the City also works with various public agencies including other cities, Hennepin County, and
state agencies. This collaboration allows the City to find out more about what these organizations are
seeing in their community and help the City prepare for these issues which may arise.
Describe coordination with the Continuum of Care and efforts to address the needs of
homeless persons (particularly chronically homeless individuals and families, families with
children, veterans, and unaccompanied youth) and persons at risk of homelessness.
Members of the Minneapolis/Hennepin County Continuum of Care (CoC) &the Office to End
Homelessness (OEH) help coordinate funding by participating on funding review committees and
working to ensure consistent goals& data from all providers.The CoC's funding committee actively
evaluates existing and proposed projects for service to the chronically homeless. Our street outreach
team engages unsheltered people and works with a network of providers to find housing for families
and individuals.
The CoC's Family Services Network meets monthly to identify and address issues in serving homeless
families. Family services will be the first part of our CoC's Coordinated Assessment implementation,
covering a continuum of services for families from prevention to permanent supportive housing. Amidst
growing concern that more families were entering shelters each year and with a 25% repeat shelter stay
within 2 years, a new initiative was launched in 2014 to better serve those families with longer-term
rental subsidies, enhanced employment services,tighter connection to child care and more targeted use
of permanent supportive housing for families with 3 episodes of homelessness in 3 years.Though still
only a pilot, in January 2015, the number of families in county-contracted shelter was 24% lower than a
year ago.
Domestic violence agencies are part of the CoC's Family Services Network planning process as well. In
Minnesota, all openings in domestic violence shelters are coordinated in the Day One system. As our
Coordinated Assessment system is implemented, domestic violence services and shelters will be
encouraged to participate and features of the Day One system will be mimicked acknowledging the
unique needs of families facing domestic violence and protecting their privacy.
Youth:The CoC addresses this youth with these plans &strategies: Prevention & RRH services by a
network of providers, Youth Mental Health Outreach,Youth In-reach Worker for age 24 &younger in
adult shelters, drop-in centers, StreetWorks Collaborative street outreach, housing opportunities &
services for youth 17 &younger and 18-24, self-support assistance and training, annual Youth Connect
events,Youth Opportunity Center, and Youth Service Coordination meetings. Minnesota recently
enacted legislation that youth under age 18 who are sexually exploited are victims, not perpetrators, of
a crime.The MN legislature also enacted funding for emergency shelters for sexually exploited youth.
Veterans: OUTREACH: Annual "Stand Down"for homeless veterans by Minnesota Assistance Council for
Veterans (MACV), collaboration with Minneapolis VA Mental Health Homeless Programs &VISN
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Coordinator to provide outreach at adult Opportunity Center, shelters & Drop-in Centers, the VA's
"Front Porch Group", VA MH Homeless Mobile Outreach program, and Minneapolis VA's Community
Resource & Referral Center in downtown Minneapolis. SUPPORTIVE HOUSING: in collaboration with
others,the CoC will solicit & support proposals for new housing opportunities for veterans using federal,
state & local resources. PREVENTION: statewide SSVF grantee serves veterans in our CoC-over 70 in
2013 with direct assistance and dozens more with referrals. VASH: to date Minneapolis Public Housing
Authority(MPHA) has received & put into service 205 vouchers.The CoC works closely with VA's
Coordinator for homeless programs and designated staff at MPHA.
HOPWA: CoC staff is part of MN HIV Housing Coalition, setting priorities & direction for this funding in
MN.TANF: as part of CoC, Hennepin County Human Services administers this locally, targeting funding
consistent with OEH goals& priorities, including homelessness prevention & RRH; Runaway and
Homeless Youth (RHY): CoC assists state recipient to review local proposals for this funding.
Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in
determining how to allocate ESG funds, develop performance standards for and evaluate
outcomes of projects and activities assisted by ESG funds, and develop funding, policies and
procedures for the operation and administration of HMIS
Eden Prairie does not receive ESG funds.
2. Agencies, groups, organizations and others who participated in the process and
consultations
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Table 2—Agencies,groups,organizations who participated
1 Agency/Group/Organization EDEN PRAIRIE
Agency/Group/Organization Type Other government- Local
What section of the Plan was addressed by Housing Need Assessment
Consultation? Non-Homeless Special Needs
Market Analysis
Economic Development
Briefly describe how the Agency/Group/Organization Human Services Review Committee: This committee is comprised of City staff from
was consulted. What are the anticipated outcomes of a variety of departments, including Housing and Human Services, Zoning
the consultation or areas for improved coordination? Enforcement, Police, Administration and Parks and Recreation. This group meets
monthly to work on issues related to housing and human services. Each year,this
committee reviews requests for funding from service providers and makes funding
recommendations to the City Council. There are two sources of funding for human
services, the City's general fund and CDBG. The recommendations are based on
review of written proposals, site visits and other methods to determine the quality
of the service and the overall value to the community.
2 Agency/Group/Organization SENIOR COMMUNITY SERVICES
Agency/Group/Organization Type Services-Elderly Persons
What section of the Plan was addressed by Non-Homeless Special Needs
Consultation?
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Briefly describe how the Agency/Group/Organization The city holds an annual non-profit funding review with the Human Services
was consulted.What are the anticipated outcomes of Review Committee.To determine needs for low/mod income seniors living in Eden
the consultation or areas for improved coordination? Prairie,the city consults with Senior Community Services. Senior Community
Services is able to tell city employees what trends they are seeing in the senior
community and what the greatest need is. Currently, as the population ages, many
seniors are trying to stay in their homes longer. By providing chore services
through the HOME program,they are able to help seniors avoid moving out of
their homes.
3 Agency/Group/Organization People Reaching out to Other People
Agency/Group/Organization Type Services- Housing
Services-homeless
Transportation
What section of the Plan was addressed by Housing Need Assessment
Consultation? Homeless Needs- Families with children
Non-Homeless Special Needs
Market Analysis
Economic Development
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Briefly describe how the Agency/Group/Organization The city holds an annual non-profit funding review with the Human Services
was consulted.What are the anticipated outcomes of Review Committee.To determine need and anticipated resources for low/mod
the consultation or areas for improved coordination? income families living in Eden Prairie. The city consulted PROP to help with
1 planning the best way to use CDBG funds to prevent homelessness. The city relies
on PROP to forward their data to the city so that we are able to prevent
homelessness before it becomes a problem. PROP helps the city understand that
funding from the city is a high priority in the fight against homelessness. PROP
assists Eden Prairie residents who are in danger of becoming homeless and need
housing assistance. After consulting with PROP regarding car repair need in the
community, it was determined that there is a large need for car repair assistance in
Eden Prairie so low/mod income residents have dependable transportation to
work and school.
4 Agency/Group/Organization SOUTHDALE YMCA
Agency/Group/Organization Type Services-Children
What section of the Plan was addressed by Non-Homeless Special Needs
Consultation?
Briefly describe how the Agency/Group/Organization The city holds an annual non-profit funding review with the Human Services
was consulted.What are the anticipated outcomes of Review Committee.To determine need and anticipated resources for low/mod
the consultation or areas for improved coordination? income families living in Eden Prairie. The YMCA sees a need for before and after
school care for low/mod income Eden Prairie children whose parents are working
and are unable to afford quality child care for their children
5 Agency/Group/Organization WEST HENNEPIN AFFORDABLE HOUSING LAND TRUST
Agency/Group/Organization Type Housing
What section of the Plan was addressed by Housing Need Assessment
Consultation?
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Briefly describe how the Agency/Group/Organization The city consulted with WHAHLT to determine the need for affordable housing and
was consulted. What are the anticipated outcomes of the availability of housing in the city. WHAHLT struggles with finding available
the consultation or areas for improved coordination? properties within Eden Prairie that are affordable. Finding affordable housing in
Eden Prairie is a high priority for the city and working with WHAHLT is a way to
attain this goal.
Identify any Agency Types not consulted and provide rationale for not consulting
All agencies listed above were consulted.
Other local/regional/state/federal planning efforts considered when preparing the Plan
Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan?
Continuum of Care
The city's Comprehensive Guide Plan lays out development of the city for the next 30
City of Eden Prairie
City of Eden Prairie years. It also identifies affordable housing efforts within the city, which may be impacted
Comprehensive Guide Plan
by the city's CDBG efforts.
The Corridor Housing Strategy studied the cityaaas housing and economic development
Corridor Housing Strategy Hennepin County
opportunities along the corridor.
Table 3-Other local/regional/federal planning efforts
Narrative
The City of Eden Prairie coordinates with Hennepin County, and the other entitlement communities that comprise the consortium, in setting the
priorities of need,the citizen participation and the fair housing strategic plan for the five year span.
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AP-12 Participation - 91.401, 91.105, 91.200(c)
1. Summary of citizen participation process/Efforts made to broaden citizen participation
Summarize citizen participation process and how it impacted goal-setting
The Consortium supports and encourages the participation of citizens, community groups, and other interested agencies in both the
development and the evaluation of the Plan's programs and activities. The citizen participation process is designed to encourage all residents,
including non-English-speaking and minority populations. Extremely low and low-income persons are especially encouraged to participate in the
process, particularly those individuals living in blighted areas and in public housing or other assisted housing. Attempts are made to include
residents of areas where CDBG-funded projects currently exist or are proposed, such as assisted housing developments and targeted
revitalization areas.
The Consortium worked with area community-based organizations, obtaining input from target populations through
surveys, and meetings. Goals were set to best serve community and population needs.
The City of Eden Prairie's citizen participation process includes an RFP process that allows non-profit agencies to apply for public service grant
funding. Through this process,the City engages with social service providers, the faith community and school district staff to learn about the
needs in the community and how to best allocate pubic service funds in the most effective manner.Applicants, for the most part, live or work in
Eden Prairie and by participating in the RFP process,they broaden their individual and organizational knowledge of how the city manages CDBG
funds. The City's Human Rights& Diversity Commission receives a presentation when the RFP process is underway and Commissioners are
encouraged to help spread the word about the potential funding source to non-profit service providers that may know.
The citizen participation process impacted goal setting by giving Eden Prairie a clear understanding of where the funds would be best allocated
to meet the greatest needs in our community.
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Citizen Participation Outreach
Sort Ord Mode of Outre Target of Outre Summary of Summary of Summary of comm URL(If applicable)
er ach ach response/attenda comments recei ents not accepted
nce ved and reasons
The comments
were made by
the public
service
providers and
Non- Attendance by were related to
1 Public Hearing targeted/broad three public providing N/A
community service providers. information
about the
organization and
thanking the city
council for their
support.
http://www.edenprairie.org/city
Non-
Internet No comments
2 targeted/broad N/A N/A government/departments/com
Outreach received
community munity-development/housing-
and-community-services
Non-
No comments
3 Newspaper Ad targeted/broad N/A N/A
received
community
Table 4—Citizen Participation Outreach
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Expected Resources
AP-15 Expected Resources — 91.420(b), 91.220(c) (1, 2)
Introduction
Anticipated Resources
Program Source of Uses of Funds Expected Amount Available Year 1 Expected Narrative Description
Funds Annual Program Prior Year Total: Amount
Allocation: Income:$ Resources: $ Available
$ $ Reminder
of Con Plan
•
CDBG public- Acquisition
federal Admin and Planning
Economic
Development
Housing
Public Improvements
Public Services 210,636 30,000 100,000 340,636 700,000
Table 5-Expected Resources—Priority Table
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how
matching requirements will be satisfied
When possible, federal funds are leveraged with additional resources. For the housing rehabilitation program, homeowners will use their own
funds with the CDBG funds.
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Affordable housing programs leverage additional county, state and federal funds for additional down payment assistance and rehab of
purchased properties.
All public service agencies use CDBG funds to leverage additional public and private funds. In most cases, CDBG funds are only a small portion of
their total budget. Commitment of CDBG funds by the city allows the public service agencies to seek out additional funding sources that require
a commitment.
If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs
identified in the plan
N/A
Discussion
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Annual Goals and Objectives
AP-20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e)
Goals Summary Information
Sort Goal Name Start End Category Geographic Needs Addressed Funding Goal Outcome Indicator
Order Year Year Area
1 Homeowner 2015 2019 Affordable Housing Citywide Preserve/Create CDBG: Homeowner Housing
Rehabilitation Single Family $53,536 Rehabilitated: 6 Household
Homeownership Housing Unit
2 Direct 2015 2019 Affordable Housing Citywide Preserve/Create CDBG: Homeowner Housing Added: 1
Homebuyer Single Family $55,000 Household Housing Unit
Assistance Homeownership Direct Financial Assistance to
Homebuyers: 2 Households
Assisted
-
3 Senior Services 2015 2019 Non-Housing Citywide Education, Outreach CDBG: Public service activities other than
Community and Services $9,000 Low/Moderate Income Housing
Development Benefit: 34 Persons Assisted
4 Emergency 2015 2019 Affordable Housing Citywide Education, Outreach CDBG: Public service activities other than
Services Non-Housing and Services $34,000 Low/Moderate Income Housing
Community Benefit: 16 Persons Assisted
Development Public service activities for
Low/Moderate Income Housing
Benefit: 18 Households Assisted
5 Youth Services 2015 2019 Non-Housing Citywide Education, Outreach CDBG: Public service activities other than
Community and Services $10,000 Low/Moderate Income Housing
Development Benefit: 16 Persons Assisted
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Sort Goal Name Start End Category Geographic Needs Addressed Funding Goal Outcome Indicator
Order Year Year Area
6 Fair Housing 2015 2019 Fair Housing Citywide Fair Housing CDBG: Other: 1 Other
$2,100
7 Administration 2015 2019 Administration Citywide Administration CDBG: Other: 1 Other
$22,000
8 Rehab Grants 2015 2019 Non-Homeless Citywide Rehab Grants CDBG: Facade treatment/business
Special Needs $25,000 building rehabilitation: 1 Business
Table 6-Goals Summary
Goal Descriptions
1 Goal Name Homeowner Rehabilitation
Goal During the 2016 grant year, the City of Eden Prairie expects to rehabilitate 6 owner-occupied homes through the Housing
Description Rehabilitation Loan Program.The program is funded using CDBG formula funds and program income.The program provides
up to$30,000 for eligible repairs through an interest free, deferred loan, payable after 30 years or when the property is
sold. Applications are accepted year round on a "first come,first served" basis. Applicants qualify based on their household
income and the amount of equity in their home.
2 Goal Name Direct Homebuyer Assistance
Goal The city assists first time homebuyers through a downpayment assistance program and through the WHAHLT program.
Description
3 Goal Name Senior Services
Goal Assistance to seniors with interior and exterior home maintenance (such as yard work, snow removal, and minor repairs)
Description to help seniors remain in their homes with dignity and safety.
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4 Goal Name Emergency Services
Goal Provide assistance to households in danger of becoming homeless that need emergency assistance for housing costs
Description (rent/mortgage). Provide emergency transportation assistance.
5 Goal Name Youth Services
Goal Provide low-income Eden Prairie parents, who may be working or attending school, with child care fee assistance.
Description
6 Goal Name Fair Housing
Goal Fair Housing activities include education for property managers, staff training, community outreach, and referral to Legal Aid.
Description Funds are provided to Hennepin County for implementation of the Fair Housing activity.
7 Goal Name Administration
Goal Administrative costs associated with the implementation of the CDBG program for the city of Eden Prairie.
Description
8 Goal Name Rehab Grants
Goal Provide rehabilitation grants to non profits that serve low/mod income Eden Prairie residents.
Description
Table 7—Goal Descriptions
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AP-35 Projects - 91.420, 91.220(d)
Introduction
As determined at the March 8, 2016 public hearing, and adopted by Eden Prairie City Council Resolution
No. 2016-,the city of Eden Prairie will undertake activities related to housing rehabilitation, homebuyer
assistance, public services,fair housing, and program administration.
Project Name
1 Housing Rehabilitation
2 Affordable Housing
Table 8—Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved
needs
At a public hearing held by the Eden Prairie City Council on March 8, 2016 and through Eden
Prairie Resolution No. 2016-, the city has allocated it's 2016 CDBG funds. The focus of the allocation
continues to be on housing rehabilitation and affordable housing initiatives.
The City is in contact on a regular basis with a number of nonprofit agencies which coordinate and
provide assistance for those who have underserved needs. During 2016,the City will continue to be in
contact with these agencies to learn about the underserved need in the community and how the City
can help meet these needs.
An obstacle to meeting underserved needs the City has encountered has been a lack of clients in its First
Time Homebuyer Program. Due to the declining housing market in the area, the City has encountered a
lack of available housing in the price range that is within reach of young families and individuals who
qualify for mortgages in the range of$150,000 to$170,000. This lack of single family homes has
become a barrier to first time homebuyers looking to purchase a home in Eden Prairie using the First
Time Homebuyer Program.
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AP-38 Project Summary
Project Summary Information
1 Project Name Housing Rehabilitation
Target Area Citywide
Goals Supported Homeowner Rehabilitation
Needs Addressed Preserve/Create Single Family Homeownership
Funding CDBG: $78,536
Description Housing rehabilitation for low/mod income Eden Prairie homeowners
Target Date 6/30/2017
Estimate the number and type of families that It is estimated that six low mod Eden Prairie families will benefit from the Housing Rehab
will benefit from the proposed activities Program.
Location Description This is a city wide program.
Planned Activities Housing rehabilitation of owner occupied Eden Prairie homes
2 Project Name Affordable Housing
Target Area Citywide
Goals Supported Direct Homebuyer Assistance
Needs Addressed Preserve/Create Single Family Homeownership
Funding CDBG: $105,000
Description Funding for down payment assistance for low mod income first time homebuyers and
the WHAHLT program which assists low/mod income first time homebuyers.
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Target Date 6/30/2017
Estimate the number and type of families that Two low mod income household will benefit
will benefit from the proposed activities
Location Description This is a city wide program.
Planned Activities First Time Homebuyer
West Hennepin Affordable Housing Land Trust
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AP-50 Geographic Distribution - 91.420, 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and
minority concentration) where assistance will be directed
All programs will be provided on a city-wide basis and will be directed to low/mod income Eden Prairie
residents.
Geographic Distribution
Target Area Percentage of Funds
Citywide 100
Table 9-Geographic Distribution
Rationale for the priorities for allocating investments geographically
Because there are no concentrations of poverty or other significant factors, all programs are available
city-wide.
Discussion
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AP-85 Other Actions - 91.420, 91.220(k)
Introduction
In an effort to further the city's efforts in assisting low and moderate income households,the following
are additional actions in which the city provides or participates in.
Actions planned to address obstacles to meeting underserved needs
As described in the Public Housing section,the City of Eden Prairie does not have oversight of and is not
involved in the operation of public housing units, and therefore does not have a plan to address public
housing improvements and resident initiatives.
The proposed actions the City of Eden Prairie will take to reduce the number of persons below the
poverty line are seen in the public services programs we fund, both with our general funds and CDBG
funds, which promote self-sufficiency. Funded social services programs such as the vehicle repair
program,the emergency housing assistance program, Meals on Wheels, and others listed several times
throughout this Action Plan have the common theme of helping people become or remain self
sufficient. Helping people become or remain self-sufficient will reduce the likelihood that they will fall
below the poverty line.
Actions planned to foster and maintain affordable housing
Eden Prairie uses many strategies to remove barriers to affordable housing. By using the land trust
model, these properties remain affordable for 99 years.The City uses Tax Increment Financing (TIF) and
other tools to help incent developers to build multi-family developments in Eden Prairie. City policy
requires developers who receive public financing to set aside 20%of the units as affordable at the 50%
Area Median Income (AMI).The City works with developers to incorporate affordable housing in all new
proposed developments.
The City uses CDBG funds in the single family home rehabilitation program to help homeowners keep
their properties viable and structurally sound. Without the home rehabilitation program, some of our
residents, particularly senior citizens, could not afford to make the repairs which are necessary to stay in
their homes.
The City of Eden Prairie allocates general funds for social services programs. These programs support
people who are currently homeless, are facing homelessness or have other special needs.
Actions planned to reduce lead-based paint hazards
Annual Action Plan 23
2016
OMB Control No:2506-0117(exp.07/31/2015)
Participants in the City's Housing Rehabilitation Program who reside in a house built prior to 1978 are
required to have their home tested for lead-based paint prior to receiving a loan. The lead-based paint
testing is completed by Hennepin County. If lead hazards are found, they must be corrected and the
home must pass a clearance test before the project is considered complete. If the clearance test does
not pass,the corrections and re-testing must continue until the home does pass. This process is
completed following HUD regulations and guidelines.
Actions planned to reduce the number of poverty-level families
The following are actions the City of Eden Prairie is taking to reduce the number of poverty level families
• Collaborating with and funding social service agencies in the community that assist families
toward self-sufficiency.
• Partnering with nonprofits to offer financial management and budgeting classes for the
immigrant community, particularly who have accessed financial support in the past.
• Job coaching program to assist poverty level adults in finding jobs, particularly those who have
barriers with technology.
• Providing assistance to help poverty level families find affordable housing.
• Pursuing microenterprise pilot program to assist poverty level families in launching small
businesses in the transit station areas.
• Raising the visibility of support services in the community so that families in need can find the
help they need to move out of poverty.
• Educating the broader population about the needs of poverty level families in the community
and holding collaborating events to work together to meet these needs and assist families in
becoming self-sufficient
Actions planned to develop institutional structure
The city of Eden Prairie is already working with many of the public service agencies that serve the
community. These agencies receive general fund grants from the city as well as CDBG grants. The two
organizations work together as part of a larger, broad-based effort. Since these relationships are
working well,there are no planned changes.
Actions planned to enhance coordination between public and private housing and social
service agencies
The City of Eden Prairie coordinates a property managers group that meets quarterly to discuss
challenges, opportunities and resources available to rental properties. Social services agencies
participate in these quarterly meetings. The city's rental inspection program makes referrals as needed
to city housing staff and social services agencies to provide resources to prevent displacement of
Annual Action Plan 24
2016
OMB Control No:2506-0117(exp.07/31/2015)
individuals and families due to deteriorating conditions. The City of Eden Prairie provides grant funding
to Senior Community Services for chore services needed by elderly residents which allows the residents
to remain safe in their homes. The city sponsors workshops by tenant advocacy agency HomeLine to
help landlords and tenants both understand the respective responsibilities and to prevent displacement.
Discussion
Annual Action Plan 25
2016
OMB Control No:2506-0117(exp.07/31/2015)
Program Specific Requirements
AP-90 Program Specific Requirements - 91.420, 91.220(I)(1,2,4)
Introduction
Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(1)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the
Projects Table.The following identifies program income that is available for use that is included in
projects to be carried out.
1.The total amount of program income that will have been received before the start of the
next program year and that has not yet been reprogrammed 100,000
2.The amount of proceeds from section 108 loan guarantees that will be used during the year
to address the priority needs and specific objectives identified in the grantee's strategic plan. 0
3.The amount of surplus funds from urban renewal settlements 0
4.The amount of any grant funds returned to the line of credit for which the planned use has
not been included in a prior statement or plan 0
5.The amount of income from float-funded activities 0
Total Program Income: 100,000
Other CDBG Requirements
1.The amount of urgent need activities 0
2.The estimated percentage of CDBG funds that will be used for activities that benefit
persons of low and moderate income.Overall Benefit-A consecutive period of one,
two or three years may be used to determine that a minimum overall benefit of 70%
of CDBG funds is used to benefit persons of low and moderate income. Specify the
years covered that include this Annual Action Plan. 100.00%
Discussion
Annual Action Plan 26
2016
OMB Control No:2506-0117(exp.07/31/2015)
CITY COUNCIL AGENDA DATE:
SECTION: Public Hearings March 8, 2016
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B.
Community Starbucks & BP Station
Development/Planning
Janet Jeremiah/Julie Klima
Requested Action
Move to:
• Close the Public Hearing; and
• Adopt the Resolution for Guide Plan Change from Low Density Residential to Regional
Commercial on 0.44 acres
• Adopt the Resolution for Planned Unit Development Concept Review on 1.38 acres; and
• Approve 1st Reading of the Ordinance for Planned Unit Development District Review with
waivers, and Zoning District Change from R1-13.5 to Highway Commercial 0.44 acres; and
• Adopt the Resolution for Preliminary Plat for 3 lots into 2 lots on 1.38 acres; and
• Direct Staff to prepare a Development Agreement incorporating Staff and
Commission recommendations and Council conditions.
Synopsis
The proposed project is for the construction of a 2,000 square foot Starbucks with a drive
through and the relocation and reconstruction of a carwash facility at the existing BP Station.
A portion of the property was recently annexed into the City of Eden Prairie from the City of
Minnetonka. At the time of annexation, Comprehensive Plan Guiding and Zoning was
established that most closely resembled the guiding and zoning that previously existed on the
property while under the jurisdiction of Minnetonka, with the requirement that at the time of
development, Comprehensive Guiding and Zoning would be sought that was consistent with the
proposed development.
The proponent is seeking PUD waivers to the parking stall size on the existing BP Station site,
the requirement for peaked roofs for gasoline/convenience stores and canopies, and front yard
setback for the Starbucks lot.
Background
The structure proposed meets or exceeds the performance standards required and includes
pedestrian connections to West 62nd Street. The architecture of the Starbucks building includes
varied roof lines and building wall articulations. In addition, the proponent's proposal includes
the use of canopies and wall lighting to create additional definition, contrast and interest to the
facades of the building.
The following PUD waivers are proposed:
1
1. Parking stall size on Lot 1 for existing parking stalls adjacent to the C-Store from of 9'
by 14". City Code requires 9' x 19'.
Lot 1 includes 6 existing parking stalls that are 14 feet in depth. These stalls represent an
existing condition and are adjacent to drive aisle spaces allowing for circulation through the
BP site. The BP site exceeds the number of parking stall required by City Code for this use.
2. Peaked roofs for gasoline/convenience stores and canopies.
In 2013, City Code was amended to require that all buildings and pump canopies for
gasoline/convenience stores incorporate peaked roofs and relate architecturally with the
building. The BP site, in its current architectural state, was constructed prior to the
establishment of this requirement. The applicant is therefore seeking a waiver. The
horizontal rooflines proposed for the BP site are consistent with the design proposed with the
Starbucks store and is consistent with the environment of adjacent development.
3. Front yard structure setback from 35 feet to 24 feet along 62nd Street.
The majority of the frontage along 62nd Street is able to comply with the 35 foot front yard
setback. However, due to the unique trapezoidal shape of the property and the easements to
the north, compliance with the required setback significantly impacts the area available for
development.
The 120-Day Review Period Expires on April 27, 2016.
Planning Commission Review and Recommendation
At its February 8, 2016 meeting, the Planning Commission voted 7-0 to recommend approval of
the project.
Attachments
1. Resolution for Guide Plan Change
2. Resolution for PUD Concept Review
3. Ordinance
4. Resolution for Preliminary Plat
5. February 3, 2016 Staff Report
6. Location Map
7. Land Use Map
8. Zoning Map
9. Aerial photo
10. February 8, 2016 Planning Commission Minutes
2
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2016-
A RESOLUTION AMENDING THE
COMPREHENSIVE MUNICIPAL PLAN
WHEREAS,the City of Eden Prairie has prepared and adopted the Comprehensive
Municipal Plan ("Plan"); and
WHEREAS,the Plan has been submitted to the Metropolitan Council for review and
comment; and
WHEREAS,the proposal of Starbucks and BP Station,by Told Development Company
is for a freestanding Starbucks with drive thru and new carwash at existing BP station.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden
Prairie, Minnesota, hereby adopts the amendment of the Plan based on plans stamped dated
February 22, 2016 and the staff report dated February 3, 2016 and subject to Metropolitan
Council approval.
ADOPTED by the City Council of the City of Eden Prairie this 8th day of March, 2016.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2016-
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT OF STARBUCKS AND BP STATION
FOR TOLD DEVELOPMENT COMPANY
WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned
Unit Development(PUD) Concept of certain areas located within the City; and
WHEREAS, the Planning Commission did conduct a public hearing on February 8,
2016, on Starbucks &BP Station by Told Development Company and considered their request
for approval of the PUD Concept plan and recommended approval of the request to the City
Council; and
WHEREAS,the City Council did consider the request on March 8, 2016.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1. Starbucks &BP Station, being in Hennepin County, Minnesota, legally described
as outlined in Exhibit A, is attached hereto and made a part hereof("Property").
2. That the City Council does grant PUD Concept approval as outlined in the plans
stamp dated February 22, 2016.
3. That the PUD Concept meets the recommendations of the Planning Commission
dated February 8, 2016.
ADOPTED by the City Council of the City of Eden Prairie this 8th day of March, 2016.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
EXHIBIT A
PUD Concept- STARBUCKS & BP STATION
Legal Description:
Parcel 1
That part of Lot 1, Block 1, Shady Oak Crosstown Addition, embraced within the West 282.5
feet of the Northwest Quarter of the Northwest Quarter of Section 1, Township 116, Range 22 as
measured along the North and South lines of said Northwest Quarter of the Northwest Quarter.
Torrens Property
Being registered las as evidenced by Certificate of Title No. 1178482.
Parcel 2
That part of the Southwest Quarter of the Southwest Quarter of Section 36, Township 117,
Range 22, Hennepin County, Minnesota, described as follows: Commencing at the Northwest
corner of Section 1, Township 116, Range 22; thence on an assumed bearing of North 87 degrees
01 minute 59 seconds East along the South line of said Southwest Quarter of the Southwest
Quarter, a distance of 47.27 feet to the point of beginning of the tract of land to be described;
thence North 6 degrees 16 minutes 29 seconds West , a distance of 7.74 feet; thence North 56
degrees 19 minutes 50 seconds East a distance of 96.26 feet; thence North 77 degrees 06 minutes
08 seconds East, a distance of 198.93 feet; thence South 29 degrees 35 minutes 59 seconds East,
a distance of 102.01 feet to the South line of said Southwest Quarter of the Southwest Quarter;
thence South 87 degrees 01 minute 59 seconds West along said South line, a distance of 324.00
feet to the point of beginning.
Parcel 3
Lot 1, Block 1, Shady Oak Crosstown Addition, according to the recorded plat thereof, and
situate in Hennepin County, Minnesota EXCEPTING that portion embraced within the West
282.5 feet of the Northwest Quarter of the Northwest Quarter of Sectionl, Township 116, Range
22 as measured along the North and South lines of said Northwest Quarter of the Northwest
Quarter.
STARBUCKS
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. -2016-PUD- -2016
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,REMOVING
CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,
AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance (hereinafter, the
"land") is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be removed from the
R1-13.5 Zoning District and be placed in the Highway Commercial Zoning District_-2016-
PUD- -2016 (hereinafter "PUD- -2016-C-HWY").
Section 3. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of , 2016 entered into between Told
Development, and the City of Eden Prairie, (hereinafter"Development Agreement"). The
Development Agreement contains the terms and conditions of PUD- -2016-C-HWY, and are
hereby made a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD- -2016-C-HWY is not in conflict with the goals of the Comprehensive
Guide Plan of the City.
B. PUD- -2016-C-HWY is designed in such a manner to form a desirable and
unified environment within its own boundaries.
C. The exceptions to the standard requirements of Chapters 11 and 12 of the City
Code that are contained in PUD- -2016-C-HWY are justified by the design of
the development described therein.
D. PUD- -2016-C-HWY is of sufficient size, composition, and arrangement that
its construction, marketing, and operation are feasible as a complete unit without
dependence upon any subsequent unit.
Section 5. The proposal is hereby adopted and the land shall be, and hereby is
removed from the R1-13.5 Zoning District, and placed in the Highway Commercial Zoning
District and shall be included hereafter in the Planned Unit Development PUD-_-2016-C-HWY
and the legal descriptions of land in each district referred to in City Code Section 11.03,
subdivision 1, subparagraph B, shall be and are amended accordingly.
Section 6. City Code Chapter 1 entitled"General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled
"Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated
verbatim herein.
Section 7. This Ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
8th day of March, 2016, 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
, 2016.
ATTEST:
Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on , 2016.
EXHIBIT A
LEGAL DESCRIPTION - STARBUCKS & BP STATION
Parcel 1
That part of Lot 1, Block 1, Shady Oak Crosstown Addition, embraced within the West 282.5
feet of the Northwest Quarter of the Northwest Quarter of Section 1, Township 116, Range 22 as
measured along the North and South lines of said Northwest Quarter of the Northwest Quarter.
Torrens Property
Being registered las as evidenced by Certificate of Title No. 1178482.
Parcel 2
That part of the Southwest Quarter of the Southwest Quarter of Section 36, Township 117,
Range 22, Hennepin County, Minnesota, described as follows: Commencing at the Northwest
corner of Section 1, Township 116, Range 22; thence on an assumed bearing of North 87 degrees
01 minute 59 seconds East along the South line of said Southwest Quarter of the Southwest
Quarter, a distance of 47.27 feet to the point of beginning of the tract of land to be described;
thence North 6 degrees 16 minutes 29 seconds West , a distance of 7.74 feet; thence North 56
degrees 19 minutes 50 seconds East a distance of 96.26 feet; thence North 77 degrees 06 minutes
08 seconds East, a distance of 198.93 feet; thence South 29 degrees 35 minutes 59 seconds East,
a distance of 102.01 feet to the South line of said Southwest Quarter of the Southwest Quarter;
thence South 87 degrees 01 minute 59 seconds West along said South line, a distance of 324.00
feet to the point of beginning.
Parcel 3
Lot 1, Block 1, Shady Oak Crosstown Addition, according to the recorded plat thereof, and
situate in Hennepin County, Minnesota EXCEPTING that portion embraced within the West
282.5 feet of the Northwest Quarter of the Northwest Quarter of Sectionl, Township 116, Range
22 as measured along the North and South lines of said Northwest Quarter of the Northwest
Quarter.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2016-
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF SHADY OAK CROSSTOWN SECOND ADDITION
FOR TOLD DEVELOPMENT COMPANY
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of Shady Oak Crosstown Second Addition for Told Development
Company stamp dated January 27, 2016, and consisting of 1.38 acres into two lots, a copy of
which is on file at the City Hall, is found to be in conformance with the provisions of the Eden
Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved.
ADOPTED by the Eden Prairie City Council on the 8th day of March, 2016.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
STAFF REPORT
TO: Planning Commission
FROM: Julie Klima, City Planner
DATE: February 3, 2016
PROJECT: Starbucks &BP
LOCATION: 11190 West 62nd Street
APPLICANT: TOLD Development
OWNERS: P& T Ventures LLC
120 DAY REVIEW: April 27, 2016
REQUEST:
1. Guide Plan Change from Low Density Residential to Regional
Commercial on 0.44 acres.
2. Planned Unit Development Concept Review on 1.38 acres
3. Planned Unit Development District Review with waivers on 1.38 acres
4. Zoning District Change from R1-13.5 to Highway Commercial (C-
HWY) on 0.44 acres
5. Site Plan Review on 1.38 acres
6. Preliminary Plat of three lots into two lots on 1.38 acres
BACKGROUND
The property contains 3 existing parcels. One parcel is the property that contains the existing BP
Station. The remaining 2 parcels were recently annexed into the City of Eden Prairie from the
City of Minnetonka. The Minnetonka parcels were remnant parcels from the construction of
Highway 62 and were undevelopable as independent properties.
The BP parcel is guided for Regional Commercial use and is zoned Highway Commercial (C-
HWY). The properties that were recently annexed are seeking a reguiding from Low Density
Residential to Regional Commercial and rezoning from R1-13.5 to Highway Commercial (C-
HWY). The current guiding and zoning designations on the recently annexed property are a
result of establishing Eden Prairie designations that most closely corresponded to the guiding and
zoning designations that existed on the property when it was under City of Minnetonka
jurisdiction. As a part of the annexation process, it was communicated that the expectation was
that at the time of development, a reguiding and rezoning would be sought to align with the
development plans for the property.
Staff Report—Starbucks & BP
February 3, 2016
Page 2
Surrounding properties are guided and zoned for Office and Regional Commercial development.
Highway 62 borders the property to the north.
The project proposes the construction of a new car wash facility for the BP Station and the
construction of an approximately 2,000 square foot Starbucks. The project proponent is seeking
approval of PUD with waivers, site plan review and preliminary plat approval for 2 lots.
SITE PLAN/PRELIMINARY PLAT
The site plan provides for a full access to the project area at the common property line. A right-
out only access is provided to the west of the full access to allow for separation of the truck
delivery traffic serving the BP Station.
The plan proposes the demolition of the existing carwash facility. The carwash facility will be
relocated and constructed along the northern property line of proposed Lot 1. The BP Station
trash enclosure has been incorporated into the new carwash structure. Aesthetic exterior material
improvements are also proposed for the existing convenience store. Lot 2 contains the Starbucks
structure, trash enclosure and parking areas.
The proposed development complies with the BAR and FAR requirements set forth in City
Code.
There BP Station site exceeds the parking stall count requirement. The existing parking stalls do
not comply with current size standards. The applicant is seeking a waiver to address the existing
non-compliant parking stall size. Along with the project improvements, the applicant is
proposing the construction of 4 additional parking stalls. Staff recommends the plan be revised
to eliminate the 2 new parking stalls along the west side of the property. These stalls do not meet
the minimum width requirements and extending their width would impact drive aisle areas
potentially further impacting traffic circulation at the BP site. The Starbucks property proposes
the construction of parking facilities that meet or exceed the performance standards for parking
facilities.
The Starbucks plan includes a drive through. Based on field data from similar sites, stacking of
11 to 13 vehicles should be provided for coffee shop drive through lanes. The supporting
information for the drive through provided by the applicant indicates stacking capacity for 14
vehicles. Upon staff's review of this information, the stacking represented is more feasible for
11 to 12 vehicles with any additional vehicle stacking blocking access to the site and potentially
the flow of traffic on West 62nd Street. Given that no additional stacking space beyond the
recommended length is provided and any additional stacking may impact the flow of traffic on
West 62nd Street staff recommended modifications to the site plan be made or contingency plans
be developed in case the proposed drive through stacking proves to be insufficient. A
contingency parking plan for approximately 21 vehicles that may require active management was
subsequently provided. Due to the potential for impact to the public right of way if the stacking
area provided is inadequate staff recommends that the applicant put in place measures to
implement the contingency plan and any other measures necessary to protect the public right of
Staff Report—Starbucks & BP
February 3, 2016
Page 3
way from drive through stacking. It is recommended that this requirement be documented in the
Developer's Agreement.
The Preliminary Plat proposes replatting the existing 3 parcels into 2 parcels allowing each
business to maintain separate ownership.
PLANNED UNIT DEVELOPMENT WAIVERS
The following waivers are requested:
1. Parking stall size on Lot 1 for existing parking stalls adjacent to the C-Store
from of 9' by 14". City Code requires 9' x 19'.
Lot 1 includes 6 existing parking stalls that are 14 feet in depth. These stalls
represent an existing condition and are adjacent to drive aisle spaces allowing for
circulation through the BP site. The BP site exceeds the number of parking stall
required by City Code for this use.
2. Peaked roofs for gasoline/convenience stores and canopies.
In 2013, City Code was amended to require that all buildings and pump canopies for
gasoline/convenience stores incorporate peaked roofs and relate architecturally with
the building. The BP site, in its current architectural state, was constructed prior to
the establishment of this requirement. The applicant is therefore seeking a waiver.
The horizontal rooflines proposed for the BP site are consistent with the design
proposed with the Starbucks store and is consistent with the environment of adjacent
development.
3. Front yard structure setback from 35 feet to 24 feet along 62nd Street.
The majority of the frontage along 62nd Street is able to comply with the 35 foot front
yard setback. However, due to the unique trapezoidal shape of the property and the
easements to the north, compliance with the required setback significantly impacts the
area available for development.
SIGNS
All sign permits will require review and approval through the sign permit process.
SITE LIGHTING
The proposed site lighting plan meets City requirements.
TREE LOSS AND LANDSCAPING PLAN
The landscaping and tree replacement plans that have been provided meet or exceed City Code
requirements.
Staff Report—Starbucks & BP
February 3, 2016
Page 4
SIDEWALKS AND TRAILS
A 5 foot sidewalk is proposed along the south side of the property along 62nd Street and a
pedestrian connection is proposed to facilitate access into the project area.
ARCHITECTURAL STANDARDS
The proposed Starbucks structure exceeds the exterior material requirements. The proponent and
Starbucks have made revisions to the roofline and building details in response to staff feedback
to previous proposals. The building proposes the use of design elements such as canopies and
wall lighting to add additional texture and interest to the building.
The proposed carwash building proposes a mix of exterior materials generally consistent with
code requirements. The elevations for the carwash indicate the use of brick veneer rather than
face brick. Staff recommends that the applicant continue to work with staff to ensure that the
spirit and intent of the City Code requirements are met prior to City Council review.
STAFF RECOMMENDATIONS
Recommend approval of the following request:
1. Guide Plan Change from Low Density Residential to Regional Commercial on 0.44
acres.
2. Planned Unit Development Concept Review on 1.38 acres
3. Planned Unit Development District Review with waivers on 1.38 acres
4. Zoning District Change from R1-13.5 to Highway Commercial (C-HWY) on 0.44 acres
5. Site Plan Review on 1.38 acres
6. Preliminary Plat of three lots into two lots on 1.38 acres
This is based on plans stamp dated January 27, 2016, staff report dated February 3, 2016 and the
following conditions:
1. Prior to the City Council public hearing, the proponent shall:
A. Provide material samples and exterior elevation plans that comply with the City Code
requirements for exterior materials.
B. Provide revised plans that eliminate the 2 western most parking stalls on proposed
Lot 1.
2. Prior to Final Plat approval, the proponent shall
A. Submit detailed storm water runoff, utility and erosion control plans for review by
the City Engineer and Watershed District.
Staff Report—Starbucks & BP
February 3, 2016
Page 5
B. Prior to grading permit issuance, the proponent shall install erosion control and
tree protection fencing at the grading limits of the property for review and
approval by the City Engineer and City Forester.
3. Prior to building permit issuance for the property, the proponent shall:
A. Provide a tree replacement/landscaping surety equivalent to 150% of the cost of
the landscaping plan for review and approval.
B. Pay the park dedication fees.
4. The following waivers have been granted through the PUD District Review for the
property:
A. Parking stall size on Lot 1 for existing parking stalls adjacent to the C-Store from of
9' by 14". City Code requires 9'x19'.
B. Peaked roofs for gasoline/convenience stores and canopies.
C. Front yard structure setback from 35 feet to 24 feet along 62nd Street.
5. All signage shall require review and approval of a sign permit.
6. The Developer will put in place measures to implement the contingency plan and any
other measures necessary to protect the public right of way from drive through stacking.
Area Location Map - Starbucks
Site Address:
11190 West 62nd Street, Eden Prairie, Minnesota 55344
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Guide Plan Map - Starbucks
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-B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06
nMedium 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
I 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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APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, FEBRUARY 8, 2016 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: Jon Stoltz, John Kirk, Travis Wuttke, Ann Higgins,
Charles Weber, Andrew Pieper, Ed Farr
CITY STAFF: Julie Klima, City Planner
Rod Rue, City Engineer
Matt Bourne, Manager of Parks and Natural Resources
Julie Krull, Recording Secretary
I. PLEDGE OF ALLEGIANCE—ROLL CALL
Chair Stoltz called the meeting to order at 7:00 p.m.
II. APPROVAL OF AGENDA
MOTION: Kirk moved, seconded by Wuttke, to approve the agenda. Motion carried 7-0.
III. MINUTES
A. PLANNING COMMISSION MEETING HELD ON JANUARY 25, 2016
MOTION: Higgins moved, seconded by Farr, to approve the Planning Commission
Minutes. Motion carried 7-0.
IV. INFORMATIONAL MEETINGS
V. PUBLIC MEETINGS
VI. PUBLIC HEARINGS
B. STARBUCKS
Location: 11190 West 62nd Street
Request for:
• Guide Plan Change from Low Density Residential to Regional Commercial
service on 0.44 acres
• Planned Unit Development Concept Review on 1.38 acres
• Planned Unit Development District Review with waivers on 1.38 acres
PLANNING COMMISSION MINUTES
February 8, 2016
Page 2
• Zoning District Change from R1-13.5 to Highway Commercial (C_HWY)
on 0.44 acres
• Site Plan Review on 1.38 acres
• Preliminary Plat of three lots into two lots on 1.38 areas
Trent Mayberry, representing TOLD Development,presented the proposal. He
showed the existing condition of the building that is located on Shady Oak Road
and Hwy 62, and showed the proposed site plan of Starbucks. He stated they would
like to construct a new car wash and update the existing building so that all four
sides will have exterior materials to match the new car wash. The Starbucks will
consist of a 2,000 sq. foot building with 22 parking stalls, which exceeds City code.
Starbucks will have an outdoor seating area and a drive-thru. He pointed out
Starbucks will never share parking with the gas station and showed the landscaping
that will shield the car wash. The trees will also be shielding the drive-thru and
garbage facility. They will also be adding a sidewalk on the southern border of the
property.
Chair Stoltz asked Klima to review the staff report. Klima said the request is for a
guide plan and zoning change. In addition, there are PUD waiver requests. These
waivers are for existing conditions. Staff is recommending approval subject to the
conditions in the staff report. Staff has requested additional information on stacking
for the drive-thru. The applicant has proposed a contingency plan for drive through
stacking to accommodate all stacking on the Starbucks site.
Farr asked what the status was on West 62nd Street and was it contemplated to
extend this. Rue said this parcel was for the LRT or for a fourth building for
Optum. Farr asked if 62nd Street would be widened. Rod said it would not be
widened.
Farr questioned if there was a traffic study done due to the stacking. Rue said there
was not a study done and that is why a contingency plan has been prepared.
Wuttke asked if the project proponent of the first project could discuss traffic into
Starbucks. Dave Pelner said they have two shops in their buildings that serve
coffee and tea so he would suspect the employees would still use these facilities and
stated he does not know how many people would go to Starbucks.
Chair Stoltz opened the meeting up for public input. There was none.
Wuttke asked, in regards to stacking, if this will be a daily situation. The project
proponent said if there are any issues with stacking they will deal with it
immediately. They can put additional signage up and redirect traffic circulation.
He did point out there is room for six stacking and he did contact Starbucks and
they were pleased with that number.
PLANNING COMMISSION MINUTES
February 8, 2016
Page 3
Wuttke questioned if there would be a lot of pedestrian traffic on 62nd Street.
Wuttke said he is concerned with people crossing the street. Rue said they are
installing a stop light at that intersection.
Farr said in regards to lighting, there are eight large lights on the building and
thirteen on the car wash and asked if the wall packs are necessary. Kathy
Anderson, from Architectural Consortium, said they are going with wall packs
versus light poles and the wall sconces serve a decorative purpose.
Farr asked about the car wash and said the brick is a mix in color and stated there is
a lot going on with this and asked if the green strip is needed. Ms. Anderson said
the slope of the roof would not fit in with the car wash and that is why they are
going with the green strip to look like BP. There is one more tone of brick added to
the car wash and two tones will be added for BP and Starbucks.
In regards to landscaping, Farr said his concern is where there is a retaining wall
opening by Hwy 62. There is 8 feet of trees which will conceal the fence but asked
if larger shrubs could screen the opening. Also, there are two evergreen trees by the
trash receptacle that do not really shield it and asked if higher trees could be put up
in the area. He also asked if a screening hedge could be put up by the pumps.
Mike St. Martin, civil engineer for the project, said in regards to the gap, the
property line is very narrow and it would be hard to fit more trees in that area. In
regards to the lack of trees in the southwest corner, he suggested taking trees from
other areas and planting them there.
Fan said the trees screening the retaining wall could be moved to a different
location. Chair Stoltz said because of the topography of the land, it is difficult to
move more trees around.
Wuttke commented he liked the rendering of the drawings but in the future would
like to see them in seasonal changes.
MOTION: Kirk moved, seconded by Pieper, to close the public hearing. Motion
carried 7-0.
MOTION: Kirk moved, seconded by Pieper, to recommend approval of the Guide
Plan Change from Low Density Residential to Regional Commercial Service on
0.44 acres; Planned Unit Development Concept Review on 1.38 acres; Planned Unit
Development District Review with waivers on 1.38 acres; Zoning District Change
from R1-13.5 to Highway Commercial on 0.44 acres; Site Plan Review on 1.38
acres and Preliminary Plat of three lots into two lots on 1.38 acres based on the
information included in the staff report dated February 3, 2016 and plans stamp
dated January 27, 2016. Motion carried 7-0.
PLANNING COMMISSION MINUTES
February 8, 2016
Page 4
VII. PLANNERS' REPORT
VIII. MEMBERS' REPORT
A. COMMUNITY ADVISORY COMMITTEE (CAC) REPORT
Pieper stated at the last meeting the Project Office showed depictions of the future
LRT stations. The plans have not been updated to reflect the recommended
changes to the SW Station parking ramp.. Klima said staff will be Working with
the Project Office on these recommended changes.
IX. CONTINUING BUSINESS
X. NEW BUSINESS
XI. ADJOURNMENT
MOTION: Weber moved, seconded by Higgins, to adjourn the Planning Commission
meeting. Motion carried 7-0.
Chair Stoltz adjourned the meeting at 8:23 p.m.
CITY COUNCIL AGENDA DATE:
SECTION: Public Hearings March 8, 2016
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.C.
Community Development/ Optum PUD Amendment
Planning
Janet Jeremiah/Julie Klima
Requested Action
Move to:
• Close the Public Hearing; and
• Approve 1st Reading of the Ordinance for Planned Unit Development District Review with
waivers, and Zoning District Amendment within the I-5 Zoning District on 89.63 acres; and
• Direct Staff to prepare a Development Agreement incorporating Staff and Commission
recommendations and Council conditions.
Synopsis
The properties received approval for PUD,preliminary plat and site plan review in 1998 as a
single property and under single ownership. In 2008, the property was platted into 2 parcels
which are now owned by separate entities. United Health Group owns the western most
property and leases the existing building on eastern property from AGNL Health.
Background
The proposed project is for the construction of two surface parking lots to support additional
employees that will be added to this campus. The north parking area includes 121 stalls and is
proposed to be permanent. The south lot proposes 335 parking stalls and is proposed to be
temporary. Staff is including recommended conditions of approval that would require the
removal of the south lot if one of the following conditions occurs:
1. If UHG terminates its lease at 13625 Technology Drive and vacates the facility, the surface
parking lot on Lot 1, Block 1, will be removed and restored with turf at UHG expense.
2. If UHG commences with development on Lot 1, Block 1, the surface parking lot will be
removed prior to occupancy of the first structure and capacity of the lost parking will be
incorporated into the new structured parking ramp supporting the new development.
3. If UHG sells Lot 1, Block 1 the surface parking lot on that parcel will be removed and
restored with turf at UHG expense prior to completion of the property transaction.
The proponent is seeking a PUD waiver to allow off-site parking.
The proponent has provided additional information regarding the possibility of utilizing pervious
pavement in the proposed parking areas. Attached to this report is the information that has been
provided. The proponent indicates that the site is not conducive to pervious pavement due to high
groundwater in the area, clay soils, and construction and ongoing maintenance costs.
Following review by the Planning Commission, the City became aware that the Riley Purgatory
Bluff Creek Watershed district is requiring that the proponent seek a variance from the watershed
district requirements for a wetland buffers as the proponent is unable to provide the wetland
buffer minimum and average widths due to existing structures. Staff is recommending the
additional condition of approval that the proposed development be consistent with the
requirements of the Riley Purgatory Bluff Creek Watershed District.
Some wetland buffers were provided at the time of initial development prior to the
implementation of the City's wetland buffer requirements. The wetland buffers and structure
setbacks provided do not meet current City requirements along the private roadway as specified
in the City's wetland code. Because this is an existing condition, the wetland buffers and
structure setbacks are a non-conforming use. City Code allows non-conforming uses to be
continued but does not allow the expansion of the non-conforming use.
The 120-Day Review Period Expires on April 6, 2016.
Planning Commission Review and Recommendation
At its February 8, 2016 meeting, the Commission voted 7-0 to recommend approval of the
project subject to the information in the staff report dated February 3, 2016 and plans stamp
dated January 28, 2016.
Attachments
1. Pervious Pavement Report
2. Ordinance
3. Staff Report
4. Location Map
5. Land Use Map
6. Zoning Map
7. Aerial photo
8. Planning Commission Minutes
7699 Anagram Drive
Eden Prairie,MN 55344
Main (952)937-5150
Fax (952)937-5822
westwoodps.com
(888)937-5150
MEMORANDUM
Date: February 25, 2016
Re: Optum Technology Drive Parking Expansion—Pervious Pavement
File 0006046.00
To: Julie Klima,Eden Prairie City Planner
Cc: Dave Pelner,UHG
From: Gretchen Schroeder
This memo reviews the possibility of utilizing pervious pavements in the parking lots for
the Optum Technology Drive parking expansion project per City request. The type of
pervious surface most commonly used for parking lots is porous asphalt. There
currently is not a lot of support from the industry for using pervious concrete in this
region. Permeable pavers is another option, but is not used as much for parking lots and
has a higher cost to install and maintain.
The primary benefit of using porous asphalt for parking lots is that it infiltrates
stormwater runoff and reduces runoff quantity along and total suspended solids (TSS)
and total phosphorous (TP) loadings. Runoff is captured and stored in the stone
reservoir layer before it infiltrates into the subgrade soils. Porous pavement is most
beneficial for highly developed urban sites that have limited space for other Best
Management Practices (BMPs), such as ponds or bioretention systems, or where there
are impervious area restrictions.
For the Optum Technology Drive project,the use of porous pavement was analyzed, but
was ultimately not utilized due to several factors which are outlined below.
Clay Soils
The critical design limitation for not incorporating porous asphalt in the project is the
clay soils. The clay soils prevent infiltration and would require drain tile to collect the
runoff from the stone reservoir below the porous asphalt. With a design infiltration rate
of 0.06"/hr for the type "D" soils,the draintile would need to be placed 2.8" above the
bottom of the rock reservoir,providing negligible infiltration capacity. Instead,the
draintile would capture the runoff and discharge it downstream. The drain tile would
discharge an equivalent volume of water as runoff from conventional bituminous
Multi-Disciplined Surveying&Engineering
TBPLS Finn No.10074302 westwoodps.com
February 25, 2016
Page 2
pavement, and the porous pavement would not provide a significant benefit over the
current design.
In addition,the Watershed District requires volume abstraction, and a porous pavement
design with underdrains would not meet this requirement. The proposed project
currently includes an infiltration basin east of the south parking lot. The basin area is
proposed to be overexcavated down to the silty sand soil layer so that infiltration can be
achieved. This infiltration basin would still be required to meet the watershed
requirements even if porous asphalt was incorporated in the design.
High Groundwater
For the north lot, the use of porous,pavement is also limited by high groundwater.
Design criteria for porous asphalt requires a minimum vertical separation of 3' between
the bottom of the reservoir layer and the groundwater table. Soil boring#2 in the parking
area shows water at 832.1. This restricts the use of porous asphalt below a pavement
elevation of 837.1,which affects approximately 20% of the north parking lot. A
variance from the watershed requirement was requested for the north lot due to the clay
soils and high groundwater.
Construction and Maintenance Costs
The other key consideration for not using porous pavement was cost. Cost estimates for
porous asphalt are generally around$11-$14 per square foot, for a typical pavement
section of 3" of open graded asphalt, a 2" choker course, and an 18" depth stone
reservoir. This is roughly 2.5 times the cost of conventional bituminous pavement.
Because an infiltration basin would still be required,utilizing porous asphalt would not
reduce other construction costs to help offset its cost. There would also be higher long
term maintenance costs, including using a vacuum sweeper at least twice a year to
remove sediment from the surface so that the system does not get plugged. Porous
pavement in the clay soils may also require semi-annual maintenance of the drain tile.
In summary, we do not recommend utilizing porous asphalt on this project because of
the clay soils on site. In our experience, porous pavement has not functioned well in
clay soils. With the clay soils, draintile would be required at the bottom of the system,
and the runoff volume would not be reduced. Instead, the proposed infiltration basin
design provides volume reduction along with better TSS and TP loading reductions for
the south parking lot. For the north parking lot,the proposed biofiltration basin design
provides similar stormwater treatment to a porous pavement design and is more cost
effective.
OPTUM PUD AMENDMENT
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. -2016-PUD- -2016
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,AMENDING
CERTAIN LAND WITHIN A ZONING DISTRICT,AMENDING THE LEGAL
DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,ADOPTING BY REFERENCE
CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS,
CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance (hereinafter, the
"land") is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be amended within
the I-5 Zoning District_-2016-PUD-_-2016 (hereinafter "PUD-_-2016-I-5).
Section 3. The City Council hereby makes the following findings:
A. PUD- -2016-I-5 is not in conflict with the goals of the Comprehensive Guide
Plan of the City.
B. PUD-_-2016-I-5 is designed in such a manner to form a desirable and unified
environment within its own boundaries.
C. The exceptions to the standard requirements of Chapters 11 and 12 of the City
Code that are contained in PUD-_-2016-I-5 are justified by the design of the
development described therein.
D. PUD- -2016-I-5 is of sufficient size, composition, and arrangement that its
construction, marketing, and operation is feasible as a complete unit without dependence
upon any subsequent unit.
Section 4. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of , 2016, entered into between United Health
Group, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development
Agreement contains the terms and conditions of PUD-_-2016-I-5, and are hereby made a part
hereof.
Section 5. The proposal is hereby adopted and the land shall be, and hereby is
amended within the I-5 Zoning District and shall be included hereafter in the Planned Unit
Development_-2016-I-5, and the legal descriptions of land in each district referred to in City
Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly.
Section 6. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled
"Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated
verbatim herein.
Section 7. This Ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
8th day of March, 2016, 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
, 2016.
ATTEST:
Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on , 2016.
EXHIBIT A
PUD Legal Description —
Lots 1 & 2, Block 1, Technology Campus 4th Addition, Hennepin County.
STAFF REPORT
TO: Planning Commission
FROM: Julie Klima, City Planner
DATE: February 3, 2016
PROJECT: Optum PUD Amendment
LOCATION: 13625 Technology Drive
APPLICANT: United Health Group
OWNERS: United Health Group and AGNL Health LLC
120 DAY REVIEW: April 6, 2016
REQUEST:
1. Planned Unit Development District Review with waivers on 89.63
acres
2. Zoning District Amendment within the I-5 Zoning District on 89.63
acres
3. Site Plan Review on 89.63 acres
BACKGROUND
The properties are guided for Industrial land uses and are zoned 1-5. The properties received
approval for PUD,preliminary plat and site plan review in 1998 as a single property and under
single ownership. In 2008, the property was platted into 2 parcels which are now owned by
separate entities. United Health Group owns the western most property and leases the existing
building on eastern property from AGNL Health.
Surrounding properties are guided Industrial, Park/Open Space, and Medium Density
Residential. Surrounding zoning is I-5, Rural, and RM-6.5.
SITE PLAN
The request is to amend the PUD and site plan to allow the construction of 2 surface parking lots
on the property to support additional employees that will be added to this campus. The original
PUD approval,prepared for ADC Telecommunications, provided for a built out development
plan for the entire project area. The approved development plans included a mix of office and
industrial uses and structured parking.
The proposed parking expansion consists of 2 surface parking lots. The north parking area
includes 121 stalls and is proposed to be permanent. The south parking area includes 335
Staff Report—Optum PUD Amendment
February 3, 2016
Page 2
parking stalls and is proposed to be temporary. United Health Group intends to convert the south
parking lot to structured parking when the western parcel is developed.
The original PUD included parking for 3200 vehicles within the entire project. The total
parking provided, including proposed 456 stalls, falls below the approved overall parking count.
The property owners need to be aware that any future development on either site that results in
increased building square footage, parking spaces or higher percentage of office usage than the
original PUD will require additional traffic analysis and study to help determine the feasibility of
the future development proposal.
The parking facilities meet or exceed the City Code requirements for setbacks, parking stall and
drive aisle sizing, and planting island calculations.
PLANNED UNIT DEVELOPMENT WAIVERS
The following waiver is requested:
1. Off-site parking.
City Code requires that off street parking facilities be located on the same parcel of
land as the structure that they are intended to serve. The south parking lot is located
on a separate parcel from the current structure. At the time of development on the
western parcel, this off-site surface lot will be removed and replaced with structured
parking.
SITE LIGHTING
The proposed site lighting plan is consistent with City requirements.
TREE LOSS AND LANDSCAPING PLAN
The landscaping and tree replacement plans that have been provided depict robust landscaping
upon completion of the project. Landscaping is provided in key locations in order to screen the
parking areas from view of public roadways and differing land uses. The colored rendering
provided depicts the view of the north parking lot from Technology Drive upon installation of
the proposed landscaping.
SIDEWALKS AND TRAILS
As depicted in the plans, pedestrian connections, internal to the project area, are provided from
the parking facilities to the campus structures.
The existing trail along the south side of Technology Drive west of the westerly access point to
Optum historically has experienced soil sloughing and groundwater leaching out of the slope
within the property that is owned by United Health Group onto the trail, creating safety and
maintenance issues on the public trail. UHG should retain an engineer and geotechnical services
Staff Report—Optum PUD Amendment
February 3, 2016
Page 3
to provide analysis and recommendations for a solution to the problem. The proposed solution
should be provided and submitted to the city for review discussion and approval in 2016 with
construction and implementation of the agreed upon project to follow.
STAFF RECOMMENDATIONS
Recommend approval of the following request:
1. Planned Unit Development District Review with waivers on 89.63 acres
2. Zoning District Amendment within the I-5 Zoning District on 89.63 acres
3. Site Plan Review on 89.63 acres
This is based on plans stamp dated January 28, 2016 and staff report dated February 3, 2016, and
the following conditions:
1. Prior to land alteration/building permit issuance, the proponent shall:
A. Submit detailed storm water runoff, utility and erosion control plans for review by
the City Engineer and Watershed District.
B. Prior to grading permit issuance, the proponent shall install erosion control and
tree protection fencing at the grading limits of the property for review and
approval by the City Engineer and City Forester.
C. Provide a tree replacement/landscaping surety equivalent to 150% of the cost of
the landscaping plan for review and approval.
2. The following waiver has been granted through the PUD District Review for the
property:
A. Off site surface parking facility to be located on Lot 1, Block 1, Technology Campus
4th Addition to support Lot 2, Block 1, Technology Campus 4th Addition. The
surface parking facility on Lot 1, Block 1 shall be removed at such time as one of the
following conditions applies:
a. If UHG terminates its lease at 13625 Technology Drive and vacates the
facility, the surface parking lot on Lot 1, Block 1, will be removed and
restored with turf at UHG expense.
b. If UHG commences with development on Lot 1, Block 1, the surface parking
lot will be removed prior to occupancy of the first structure and capacity of
the lost parking will be incorporated into the new structured parking ramp
supporting the new development.
c. If UHG sells Lot 1, Block 1 the surface parking lot on that parcel will be
removed and restored with turf at UHG expense prior to completion of the
property transaction.
3. Any signage shall require review and approval of a sign permit.
Area Location Map - Optum PUD Amendment
Surface Parking
Site Address:
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IHigh Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-23-06 DATE Revised 10-01-07
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APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, FEBRUARY 8, 2016 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: Jon Stoltz, John Kirk, Travis Wuttke, Ann Higgins,
Charles Weber, Andrew Pieper, Ed Farr
CITY STAFF: Julie Klima, City Planner
Rod Rue, City Engineer
Matt Bourne, Manager of Parks and Natural Resources
Julie Krull, Recording Secretary
I. PLEDGE OF ALLEGIANCE—ROLL CALL
Chair Stoltz called the meeting to order at 7:00 p.m.
II. APPROVAL OF AGENDA
MOTION: Kirk moved, seconded by Wuttke, to approve the agenda. Motion carried 7-0.
III. MINUTES
A. PLANNING COMMISSION MEETING HELD ON JANUARY 25, 2016
MOTION: Higgins moved, seconded by Farr, to approve the Planning Commission
Minutes. Motion carried 7-0.
IV. INFORMATIONAL MEETINGS
V. PUBLIC MEETINGS
VI. PUBLIC HEARINGS
A. OPTUM PUD AMENDMENT
Location: 13625 Technology Drive
Request for:
• Planned Unit Development District Review with waivers on 89.63 acres
• Zoning District Amendment within the I-2 Zoning District on 89.63 acres
• Site Plan Review on 89.63 acre
PLANNING COMMISSION MINUTES
February 8, 2016
Page 2
Dave Pelner, representing United Health Real Estate (UHG),presented the
proposal. He pointed out this is a 90 acre site off of Technology Drive. UHG
leases the property from AGNL Health and United Health Group owns the western
most property. The plan is to renovate two of the three buildings to add additional
employees. The proposal tonight is to construct two parking lots. The north parking
area would include 121 stalls and would be permanent. The south parking area
would include 335 parking stalls and would be proposed as temporary. United
Health Group intends to convert the south parking lot to structured parking when
the western parcel is developed.
Chair Stoltz asked Klima to review the staff report. Klima said the request is to
construct two surface lots. Staff is recommending approval subject to the conditions
outlined in the staff report.
Farr wanted clarification regarding proof of parking. Klima said the original
development did not include surface parking and the proposed parking structures
met the parking requirement.
Chair Stoltz opened the meeting up for public input.
Julie Heatherly, of 13994 Ervin Court,pointed out she lives next to the
development. Three months after she purchased her property she found out this
land could be built on. ADC did put up a berm and stated to her it would always
remain there. She said she met with Klima earlier and she confirmed it would stay
on the property. Klima said the trees on the southern boundary of the parking lot
are proposed to remain in place as shown on the proposed plan.
Bob Drake, of 13946 Ervin Court, asked if the lighting was going to shine into their
homes and also how will this project impact their property values.
Gretchen Schrader, of Westwood Professional Services, shared the lighting plan.
She stated the lighting will not be shining into the residents' homes and will meet
the city's requirements at the property line.
Chair Stoltz asked Klima to address the property values. Klima said there is an
approved development plan for the site. If UHG wishes to develop the property in a
manner different than what is approved, they would have to come back through the
public process for a PUD amendment and neighbors would have an opportunity to
review and comment at that time.
Farr asked how employees will get back and forth from the buildings to the parking
lots. The project proponent said they will have a shuttle bus for the employees.
Wuttke asked what would happen in the future to the south side berm and trees.
Klima said the trees and berm are in the original ADC development agreement so in
PLANNING COMMISSION MINUTES
February 8, 2016
Page 3
the future if United Health Group proposed different development plans they would
have to come before the Planning Commission and City Council for review and
approval of the plans
Wuttke asked about the lighting on the southern side of the south lot if the poles
could be put on the north end and trees put up on the south end. The project
proponent said they will comply with any suggestions but pointed out they are just
concerned with the safety of their employees. Klima said she does not see a
problem if the project proponent wanted to transpose the trees and lights. Farr
suggested the south side could be on timers to shut off at 7:00 pm and the other
lights could stay on all night. Mr. Pelner pointed out there are times the employees
stay longer than 7:00 pm and he would be concerned with their safety. Farr then
suggested motion detectors and the project proponent said he would be open to that.
Wuttke asked how long UHG would need the temporary lot. Mr. Pelner said he is
uncertain and could not state exactly how long it would be needed. Farr said if the
prior project got approved with less parking and now they are adding more, could
the City in the future make them keep the temporary lot. Klima said there are three
conditions listed in the staff report that address this. Kirk commented the three
conditions are very solid.
MOTION: Kirk moved, seconded by Pieper, to close the public hearing. Motion
carried 7-0
MOTION: Kirk moved, seconded by Wuttke, to recommend approval of the
Planned Unit Development District Review with waivers on 89.63 acres; Zoning
District Amendment within the I-5 Zoning District on 89.63 acres and Site Plan
Review on 89.63 acres based on the information in the staff report dated February
3, 2016 and plans stamp dated January 28, 2016. Motion carried 7-0.
VII. PLANNERS' REPORT
VIII. MEMBERS' REPORT
A. COMMUNITY ADVISORY COMMITTEE (CAC) REPORT
Pieper stated at the last meeting the Project Office showed depictions of the future
LRT stations. The plans have not been updated to reflect the recommended
changes to the SW Station parking ramp.. Klima said staff will be Working with
the Project Office on these recommended changes.
IX. CONTINUING BUSINESS
X. NEW BUSINESS
PLANNING COMMISSION MINUTES
February 8, 2016
Page 4
XI. ADJOURNMENT
MOTION: Weber moved, seconded by Higgins, to adjourn the Planning Commission
meeting. Motion carried 7-0.
Chair Stoltz adjourned the meeting at 8:23 p.m.
CITY COUNCIL AGENDA
DATE:
SECTION: Payment of Claims March 8, 2016
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 244818 - 245167
Wire Transfers 1013271 - 1013449
Wire Transfers 5675 - 5692
Purchasing Card 5691
City of Eden Prairie
Council Check Summary
3/8/2016
Division Amount Division Amount
252,696 304 Senior Board 68
100 City Manager 700 308 E-911 6,101
101 Legislative 15,081 309 DWI Forfeiture 10,015
102 Legal Counsel 41,084 315 Economic Development 115
110 City Clerk 265 317 Eden Prairie Players 162
111 Customer Service 1,408 445 Cable PEG 52,260
112 Human Resources 120 506 Improvment Bonds 1996 -864
113 Communications 10,954 509 CIP Fund 2,790
114 Benefits&Training 10,525 518 HRA 1,501
130 Assessing 669 527 CIP-Leasing Costs 50,116
131 Finance 1,096 528 Shady Oak Rd-CR 61 North 1,333
132 Housing and Community Services 130 529 Shady Oak Rd-CR 61 South 46,538
133 Planning 13,836 530 Pool Upgrade/Expansion 748,283
136 Public Safety Communications 4,922 531 Eden Prairie Road 9,413
137 Economic Development 5,067 532 EP Road Connect Flying Cloud 3,475
138 Community Development Admin. 663 533 Homeowner Improvement Area -88
150 Park Administration 160 535 TC Station/NS Road 3,886
151 Park Maintenance 24,297 536 General LRT 28,163
153 Organized Athletics 2,732 Total Capital Projects Fund 963,264
154 Community Center 60,031
156 Youth Programs 4,629 601 Prairie Village Liquor 146,542
158 Senior Center 3,822 602 Den Road Liquor 223,021
159 Recreation Administration 15,651 603 Prairie View Liquor 160,995
160 Therapeutic Recreation 796 605 Den Road Building 2,701
161 Oak Point Pool 4,330 701 Water Fund 166,221
162 Arts 5,908 702 Sewer Fund 337,161
163 Outdoor Center 1,394 703 Storm Drainage Fund 24,667
168 Arts Center 713 Total Enterprise Fund 1,061,308
180 Police 35,766
184 Fire 20,837 803 Escrow Fund 4,895
186 Inspections 2,526 806 SAC Agency Fund 12,425
200 Engineering 1,879 807 Benefits Fund 905,769
201 Street Maintenance 5,908 809 Investment Fund 1,365
202 Street Lighting 51,167 810 Workers Comp Insurance 180,338
Total General Fund 601,761 811 Property Insurance 118,211
812 Fleet Internal Service 189,073
301 CDBG 14,114 813 IT Internal Service 38,786
303 Cemetary Operation 11 814 Facilities Capital ISF 18,542
312 Recycle Rebate 422 815 Facilites Operating ISF 41,306
Total Special Revenue Fund 14,546 816 Facilites City Center ISF 77,412
817 Facilites Comm.Center ISF 89,496
427 2005 G.O.IMPR BONDS 426 Total Service/Agency Funds 1,677,618
433 2007A Facility Lease-3rd Rink 186
434 2008A Capital Equipment Notes 1,058 Report Total 4,325,526
435 2008B G.O.Improvement Bonds 537
437 G.O.Perm.Improv.2010A 186
438 G.O.Bonds(SCBA)2011B 398
439 G.O.Refunding Bonds 2011C 440
440 GO Perm Impr Ref Bonds 2011D 186
441 2012A G.O.Refunding Bonds 237
442 2012B G.O.Refund Capital Imp 893
443 2012C GO Perm Impr Ref Bonds 936
446 2014A G.O.TAX ABATEMENT BONDS 1,546
Total Debt Service Fund 7,028
City of Eden Prairie
Council Check Register by GL
3/8/2016
Check# Amount Supplier/Explanation Account Description Business Unit Comments
245147 745,288 RJM CONSTRUCTION INC Building Aquatics&Fitness Expansion Aquatics Expansion
245118 311,946 METROPOLITAN COUNCIL Other Revenue Sewer Utility-General Wastewater Svc Fee
244968 281,452 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Property Insurance Work comp and Municipality installments
5677 239,594 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Payroll Taxes
5688 237,758 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Payroll Taxes
244848 231,601 HENNEPIN COUNTY TREASURER Unremitted SA Receivable General Fund January tax settlement
5686 159,359 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA
5675 158,466 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA
5685 92,011 MINNESOTA DEPT OF REVENUE Sales Tax Payable General Fund
1013375 88,535 MTI DISTRIBUTING INC Machinery&Equipment Fleet Operating
5691 76,925 US BANK Safety Supplies Utility Operations-General
1013389 75,669 XCEL ENERGY Electric City Hall-CAM
1013338 63,416 XCEL ENERGY Electric Public Safety Communications
244965 56,160 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
5683 55,282 MINNESOTA DEPT OF REVENUE Miscellaneous Community Center Admin
1013425 45,369 GREGERSON ROSOW JOHNSON&NILAN LTD Legal Legal Criminal Prosecution
244921 43,779 AVI SYSTEMS INC Other Assets Cable PEG
245082 40,243 HARTFORD COMMONS Sales Water Enterprise Fund
244857 37,664 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
245145 37,087 RANGER Autos Fire
245098 36,527 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
244875 35,312 MN DNR ECOLOGICAL AND WATER RESOURCES Licenses&Taxes Water Treatment Plant
245052 34,563 CBRE,INC Other Contracted Services CIP-Leasing Costs
245116 32,048 METRO TRANSIT Design&Engineering TC Station/NS Road
245017 29,032 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
1013441 28,579 SRF CONSULTING GROUP INC Design&Engineering Storm Drainage
1013419 24,809 DIVERSE BUILDING MAINTENANCE Tenant 1 -Janitor Service Prairie Village Liquor Store
1013309 24,073 DIVERSE BUILDING MAINTENANCE Tenant 1 -Janitor Service Prairie Village Liquor Store
5679 23,117 EMPOWER Deferred Compensation Health and Benefits
5690 22,643 EMPOWER Deferred Compensation Health and Benefits
1013396 22,115 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1
245141 18,072 PRAIRIE PARTNERS SIX LLP Waste Disposal Prairie Village Liquor Store
245026 17,528 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Den Road Liquor Store
245109 17,097 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Workers Comp Insurance
245027 16,703 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Den Road Liquor Store
245130 15,553 NORTHMARQ REAL ESTATE SERVICES LLC Other Contracted Services CIP-Leasing Costs
5689 15,392 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
5678 15,389 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
244891 14,875 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
1013436 14,650 MINNESOTA EQUIPMENT Machinery&Equipment Park and Recreation
245142 14,030 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store
245006 13,986 RON'S CABINETS INC Other Contracted Services Facilities Capital
244872 13,566 METRO CITIES Dues&Subscriptions City Council
244964 13,549 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store
245034 13,416 AMERICAN ENGINEERING TESTING INC Testing-Soil Boring Shady Oak Rd-CR 61 South
245097 13,295 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store
244958 13,209 HOISINGTON KOEGLER GROUP INC Other Contracted Services Planning
244951 12,335 GRAYMONT Treatment Chemicals Water Treatment Plant
Check# Amount Supplier/Explanation Account Description Business Unit Comments
245165 12,019 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Prairie Village Liquor Store
244904 11,828 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Den Road Liquor Store
244994 11,725 PATCHIN MESSNER DODD&BRUMM Right of Way&Easement Eden Prairie Road
1013418 11,101 DAKOTA SUPPLY GROUP INC Merchandise for Resale Water Metering
245152 10,871 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
1013371 10,667 J&D WINDOW CLEANING Window Washing Prairie Village Liquor Store
245138 10,624 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
244905 9,747 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Prairie View Liquor Store
1013384 9,554 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store
1013288 9,549 MINNESOTA NATIVE LANDSCAPES Improvement Contracts Storm Drainage
1013295 9,204 SITEIMPROVE,INC Other Contracted Services Communications
5680 9,098 GENESIS EMPLOYEE BENEFITS,INC HSA-Employer Health and Benefits
5681 9,098 GENESIS EMPLOYEE BENEFITS,INC HSA-Employer Health and Benefits
5692 9,098 GENESIS EMPLOYEE BENEFITS,INC HSA-Employer Health and Benefits
245010 8,800 SEECLICKFIX INC Software Maintenance IT Operating
245043 8,772 BEARPATH GOLF AND COUNTRY CLUB Operating Supplies Fire
244974 8,674 MATTS AUTO SERVICE INC Miscellaneous DWI Forfeiture
245002 8,538 PRONTO HEATING&AIR CONDITIONING Other Contracted Services Rehab
1013444 8,462 THORPE DISTRIBUTING Liquor Product Received Den Road Liquor Store
245079 8,217 GRAYMONT Treatment Chemicals Water Treatment Plant
244856 7,905 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store
1013382 7,778 ST CROIX ENVIRONMENTAL INC Design&Engineering Wellhead Protection Plan
1013344 7,700 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1
1013331 7,656 THORPE DISTRIBUTING Liquor Product Received Den Road Liquor Store
1013311 7,501 GOVDELIVERY Equipment Repair&Maint Cable PEG
1013426 7,443 HAWKINS INC Treatment Chemicals Water Treatment Plant
244871 7,202 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating
245071 7,130 ENVIRONMENTAL EQUIPMENT&SERVICES Equipment Parts Fleet Operating
244997 6,771 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
1013367 6,568 CENTERPOINT ENERGY Gas Cummins Grill
5684 6,233 GENESIS EMPLOYEE BENEFITS,INC Other Deductions Health and Benefits
1013297 6,221 TITAN ENERGY SYSTEMS Contract Svcs-Fire/Life/Safe Public Works/Parks
244915 5,886 ANCOM COMMUNICATIONS INC Equipment Repair&Maint E-911 Program
244883 5,789 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
1013279 5,400 DAILEY DATA&ASSOCIATES Software Maintenance Prairie Village Liquor Store
245107 5,000 LANDMARK REMODELING LLC Other Contracted Services Rehab
245114 5,000 MCCD Other Contracted Services Economic Development
244987 4,978 MN DEPT OF TRANSPORTATION Testing-Soil Boring Shady Oak Rd-CR 61 South
245024 4,964 VERIZON WIRELESS Other Contracted Services IT Operating
245112 4,660 LUBE-TECH ESI Lubricants&Additives Fleet Operating
245025 4,537 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
244995 4,525 PAUSTIS&SONS COMPANY Liquor Product Received Den Road Liquor Store
1013361 4,441 A-SCAPE INC Contract Svcs-Snow Removal Den Bldg.-CAM
245040 4,400 BAKER Other Contracted Services Prairie Village Liquor Store
1013314 4,398 HANSEN THORP PELLINEN OLSON Other Contracted Services Storm Drainage
244944 4,330 EDEN PRAIRIE SCHOOL Other Contracted Services Oak Point Operations
245150 4,296 SIGNSOURCE Signs Capital Outlay Parks
244840 4,179 GLEWWE DOORS INC Contract Svcs-General Bldg City Hall-CAM
244842 4,102 GRAYMONT Treatment Chemicals Water Treatment Plant
244878 4,000 NAC Capital Under$25,000 Fleet Operating
1013440 3,872 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Hall-CAM
245164 3,792 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
245156 3,769 STERN BRIAN Sales Water Enterprise Fund
Check# Amount Supplier/Explanation Account Description Business Unit Comments
244827 3,746 CENTURYLINK Telephone Cummins Grill
244886 3,705 ROBB CLIFF AR Utility Water Enterprise Fund
245158 3,673 TASER INTERNATIONAL Training Supplies Police
245090 3,503 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
244988 3,450 MN TACTICAL OFFICERS ASSOCIATION Tuition Reimbursement/School Police
1013410 3,309 WENCK ASSOCIATES INC Design&Engineering Storm Drainage
1013408 3,263 VAN PAPER COMPANY Cleaning Supplies City Center Operations
244967 3,250 KRAFT TREE SERVICE INC Other Contracted Services Tree Removal
1013307 3,240 CENTERPOINT ENERGY Gas Sewer Liftstation
1013352 3,181 STONEBROOKE Equipment Parts Police
244821 3,014 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
244954 2,995 HAMMEL,GREEN AND ABRAHAMSON Building Aquatics&Fitness Expansion
245037 2,979 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
244852 2,977 IMPACT PROVEN SOLUTIONS Other Contracted Services Environmental Education
244985 2,892 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Lake
245053 2,876 CENTER FOR PROFESSIONAL DEVELOPMENT Conference/Training IT Operating
1013409 2,863 VINOCOPIA Liquor Product Received Prairie View Liquor Store
245148 2,796 SELECT COMFORT CORPORATION Other Contracted Services Facilities Capital
244897 2,794 ULTIMATE SOFTWARE GROUP,THE Ultimate(prey.Ceridian) IT Operating
244957 2,791 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
244984 2,700 MINNESOTA POLLUTION CONTROL AGENCY Licenses&Taxes Sewer Utility-General
1013388 2,660 WINE COMPANY,THE Liquor Product Received Den Road Liquor Store
244858 2,604 JOHNSON CONTROLS Building Repair&Maint. Utility Operations-General
245154 2,600 SPRINGSTED INCORPORATED Other Contracted Services 2005 G.O.Imp.Revolving Fund
244873 2,563 MIDWEST COCA COLA BOTTLING COMPANY Merchandise for Resale Concessions
244881 2,522 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store
1013423 2,520 GENUINE PARTS COMPANY Equipment Parts Fleet Operating
244903 2,517 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
1013355 2,500 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr
245106 2,500 LAKEWEST DEVELOPMENT LLC Deposits Escrow
244941 2,490 DPC INDUSTRIES INC Treatment Chemicals Water Treatment Plant
244829 2,465 COSTCO Operating Supplies Concessions
1013412 2,428 ASPEN WASTE SYSTEMS INC. Waste Disposal Fire Station#3
245131 2,302 NORTHWESTERN POWER EQUIPMENT CO INC Repair&Maint.Supplies Water Treatment Plant
244948 2,285 EXPLORER POST 925 Miscellaneous Reserves
244924 2,280 BAY ELECTRONICS INC Equipment Repair&Maint Public Safety Communications
1013428 2,251 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance
1013305 2,239 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
1013298 2,229 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr
245073 2,170 FOUNDATION BUSINESS SYSTEMS,LLC Dues&Subscriptions Storm Drainage
244822 2,120 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating
1013398 2,101 INTEREUM INC Supplies-General Bldg Fitness/Conference-Cmty Ctr
245047 2,087 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store
244853 2,055 INDEPENDENT TESTING TECHNOLOGIES INC Design&Engineering Capital Maint.&Reinvestment
1013337 2,041 WINE COMPANY,THE Liquor Product Received Prairie View Liquor Store
245153 2,000 SPORTS WORLD USA INC Capital Under$25,000 Ice Lessons
1013302 1,996 2ND WIND EXERCISE Other Contracted Services Organizational Services
1013359 1,982 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Fleet Operating
245117 1,939 METROPOLITAN COMPOUNDS INC Repair&Maint.Supplies Utility Operations-General
244851 1,851 HYDRO KLEAN Equipment Repair&Maint Sewer System Maintenance
244959 1,841 HYDRO KLEAN Equipment Parts Sewer System Maintenance
244834 1,841 DISPLAY ARTS Other Contracted Services Storm Drainage
244850 1,809 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
Check# Amount Supplier/Explanation Account Description Business Unit Comments
245051 1,791 CARVER COUNTY LICENSE CENTER Autos Police
244866 1,790 LEAGUE OF MINNESOTA CITIES Dues&Subscriptions Storm Drainage
245137 1,769 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store
1013369 1,762 GRAINGER Cleaning Supplies Utility Operations-General
245044 1,760 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store
245048 1,720 BWS HEATING&AIR CONDITIONING Contract Svcs-HVAC Water Treatment Plant
245128 1,712 NAC Contract Svcs-Plumb Senior Center
1013321 1,700 NETSENTIAL.COM INC Software Maintenance IT Operating
245132 1,654 O'BRIEN HAYES Other Contracted Services Winter Theatre
1013324 1,626 POMP'S TIRE SERVICE INC Tires Fleet Operating
244947 1,600 ERGOMETRICS Other Contracted Services Organizational Services
1013437 1,560 MTI DISTRIBUTING INC Machinery&Equipment Park and Recreation
244976 1,541 MEDICINE LAKE TOURS Special Event Fees Trips
244828 1,530 CENTURYLINK Other Broadband Internet IT Telephone
244916 1,476 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
1013422 1,466 FILTRATION SYSTEMS Supplies-HVAC City Hall-CAM
244919 1,403 ASTLEFORD EQUIPMENT COMPANY INC Equipment Repair&Maint Fleet Operating
1013386 1,395 WALL TRENDS INC Contract Svcs-Gen.Bldg Fitness/Conference-Cmty Ctr
245015 1,384 SIGNSOURCE Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr
245020 1,380 STRAND MANUFACTURING CO INC Repair&Maint.Supplies Water Treatment Plant
244899 1,365 US BANK Interest Investment Fund
244917 1,360 ARVIG Fiber Lease Payments IT Operating
244819 1,341 ADESA MPLS Miscellaneous DWI Forfeiture
1013349 1,334 PARK SUPPLY OF AMERICA INC Supplies-Plumbing Fitness/Conference-Cmty Ctr
1013400 1,334 LYNDALE PLANT SERVICES Contract Svcs-Int.Landscape City Hall-CAM
245103 1,320 KRAFT TREE SERVICE INC Other Contracted Services Tree Removal
244990 1,260 NATIONAL MARTIAL ARTS ASSOCIATION,INC Instructor Service Lesson Skills Development
245133 1,218 OLSEN'S EMBROIDERY/COMPANY Employee Award Organizational Services
1013287 1,200 LOWERY,THOMAS Tuition Reimbursement/School Organizational Services
1013364 1,192 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
1013392 1,166 CLAREY'S SAFETY EQUIPMENT Safety Supplies Sewer System Maintenance
245087 1,162 HENNEPIN COUNTY UT DEPT Software Maintenance Public Safety Communications
1013353 1,160 TITAN ENERGY SYSTEMS Contract Svcs-Fire/Life/Sfty City Hall-CAM
245166 1,143 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Prairie Village Liquor Store
1013300 1,133 VINOCOPIA Liquor Product Received Prairie View Liquor Store
244911 1,127 AERO DRAPERY AND BLIND Contract Svcs-Gener Fire Station#4
244943 1,102 E A SWEEN COMPANY Merchandise for Resale Concessions
244893 1,101 SPOK,INC. Pager&Cell Phone IT Operating
244854 1,080 INTERTECH INC Contract Development IT Operating
1013443 1,071 STREICHERS Clothing&Uniforms Police
5682 1,062 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating
1013340 1,055 BERRY COFFEE COMPANY Merchandise for Resale Concessions
1013417 1,050 CERIDIAN Ultimate(prey.Ceridian) IT Operating
245019 1,035 STAPLES ADVANTAGE Office Supplies Police
1013330 1,032 STREICHERS Clothing&Uniforms Police
244847 1,011 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police
244823 1,004 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store
244953 1,000 HAMLINE UNIVERSITY Dues&Subscriptions Storm Drainage
1013313 979 GRANICUS INC Equipment Repair&Maint Cable PEG
244836 965 E A SWEEN COMPANY Merchandise for Resale Concessions
244868 950 LIFE SUPPORT INNOVATIONS Training Supplies Utility Operations-General
244971 950 LIFE SUPPORT INNOVATIONS Conference/Training Park Maintenance
245111 950 LIFE SUPPORT INNOVATIONS Training Supplies Utility Operations-General
Check# Amount Supplier/Explanation Account Description Business Unit Comments
1013335 935 WALL TRENDS INC Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr
244986 932 MINNESOTA WANNER COMPANY Equipment Parts Snow&Ice Control
244926 920 BEARING INDUSTRIAL&SUPPLIES INC Repair&Maint.Supplies Water Treatment Plant
1013325 917 PRAIRIE ELECTRIC COMPANY Contract Svcs-General Bldg Fire Station#2
1013433 911 LOGIS Network Support IT Operating
244884 910 RANDY'S ENVIRONMENTAL SERVICES Waste Disposal City Hall-CAM
244940 906 DODGE OF BURNSVILLE Equipment Repair&Maint Fleet Operating
1013356 887 VINOCOPIA Liquor Product Received Den Road Liquor Store
1013439 879 PARLEY LAKE WINERY Liquor Product Received Prairie Village Liquor Store
1013312 864 GRAINGER Cleaning Supplies Water Treatment Plant
1013372 855 KIDS TEAM TENNIS LLC Instructor Service Tennis
245075 846 GADDIS INC Repair&Maint.Supplies Water Treatment Plant
244960 841 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
245032 803 PETTY CASH Operating Supplies IT Operating
244922 800 BAKER Other Contracted Services Facilities Capital
244962 800 ISLAMIC RESOURCE GROUP Other Contracted Services Arts
245036 799 AMERIPRIDE LINEN&APPAREL SERVICES Operating Supplies-Linens Prairie Village Liquor Store
1013448 784 WINE COMPANY,THE Liquor Product Received Prairie View Liquor Store
244843 775 GREYSTONE CONSTRUCTION COMPANY Equipment Repair&Maint Fleet Operating
1013399 765 JOHN HENRY FOSTER MINNESOTA INC Equipment Repair&Maint Water Treatment Plant
245092 750 HOUTZ,STEPHEN J Other Contracted Services Winter Theatre
245163 750 WELLS FARGO BANK MINNESOTA NA Paying Agent 2012C GO Penn Impr Ref Bonds
244844 742 H&L MESABI Equipment Parts Fleet Operating
244978 741 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Den Road Liquor Store
244952 740 GYM WORKS Equipment Repair&Maint Fitness Center
245069 730 EDINA,CITY OF Other Contracted Services Communications
244961 725 INNOVATIVE GRAPHICS Clothing&Uniforms Police
1013383 719 STREICHERS Clothing&Uniforms Police
244939 718 DELI DOUBLE Special Event Fees Senior Center Programs
1013304 709 ASPEN WASTE SYSTEMS INC. Waste Disposal Public Works/Parks
244825 697 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store
245067 695 E A SWEEN COMPANY Merchandise for Resale Concessions
1013379 681 PRAIRIE ELECTRIC COMPANY Building Repair&Maint. City Hall-CAM
1013447 676 WATSON CO INC,THE Merchandise for Resale Concessions
1013413 656 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
244929 655 BROTHERS FIRE PROTECTION Contract Svcs-Fire/Life/Sfty City Hall-CAM
245008 648 SAVATREE Other Contracted Services Tree Removal
1013317 634 MARSHALL&SWIFT Dues&Subscriptions Assessing
1013432 632 LEROY JOB TRUCKING INC Other Contracted Services Animal Control
245035 623 AMERICAN PLANNING ASSN Dues&Subscriptions Community Development Admin.
1013395 619 FASTENAL COMPANY Equipment Parts Fleet Operating
245021 611 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
245129 604 NELSON BROOKE Other Contracted Services Winter Theatre
244896 602 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
1013345 600 JACOBS,TRAVIS Tuition Reimb-College Tuition Fire
244885 581 RETROFIT COMPANIES,INC,THE Contract Svcs-Electrical Fitness/Conference-Cmty Ctr
1013414 580 BIFFS INC Other Contracted Services Park Maintenance
1013387 578 WATSON CO INC,THE Merchandise for Resale Concessions
245127 576 MSC INDUSTRIAL SUPPLY CO INC Small Tools Fleet Operating
244862 575 KEEPRS INC. Clothing&Uniforms Fire
245157 570 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
1013365 564 CANNON RIVER WINERY Liquor Product Received Prairie View Liquor Store
1013420 564 ESS BROTHERS&SONS INC Repair&Maint.Supplies Sewer System Maintenance
Check# Amount Supplier/Explanation Account Description Business Unit Comments
244894 556 STAPLES ADVANTAGE Office Supplies City Center Operations
1013336 551 WATSON CO INC,THE Merchandise for Resale Concessions
1013406 543 THE OASIS GROUP Employee Assistance Organizational Services
245159 540 TKO WINES,INC Liquor Product Received Prairie View Liquor Store
1013368 525 ECM PUBLISHERS INC Advertising Community Center Admin
1013415 522 CDW GOVERNMENT INC. Hardware-Rpr&Mtc IT Operating
244861 518 KAISER,DAVID S Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr
1013363 501 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations-General
245110 500 LEONARD J.KOEHNEN PE Design&Engineering Public Safety Communications
1013358 498 WENCK ASSOCIATES INC Other Contracted Services Storm Drainage
245135 497 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire
245041 490 BAUHAUS BREW LABS,LLC Liquor Product Received Prairie View Liquor Store
1013411 487 AMERITRAK Other Contracted Services Snow&Ice Control
1013442 486 STAR TRIBUNE MEDIA COMPANY LLC Dues&Subscriptions Communications
1013373 480 MENARDS Building Materials Fire
244942 475 DRIVER&VEHICLE SERVICES Miscellaneous Organizational Services
245091 466 HOPKINS SCHOOL DISTRICT ISD270 Fiber Lease Payments IT Operating
244963 458 JILL SAND CONSULTING Other Contracted Services Organizational Services
1013357 454 W P&R S MARS CO Office Supplies Utility Operations-General
245081 450 HARLEY CONSULTING&COACHING Conference/Training Finance
1013272 448 AHO,BRAD Travel Expense City Council
244945 448 ENERGY SALES INC Supplies-HVAC Public Works/Parks
244892 444 SPIRIT APPAREL AND STUFF Clothing&Uniforms Special Events(CC)
244999 443 PLASTIC BAG MART Liquor Product Received Den Road Liquor Store
245064 442 COUNTY MATERIALS CORPORATION Repair&Maint.Supplies Sewer System Maintenance
245094 441 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
1013291 435 PAUL'S TWO-WAY RADIO Other Contracted Services Public Safety Communications
1013323 433 NUCO2 INC Supplies-Pool Pool Maintenance
1013438 432 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store
1013380 430 REINDERS INC Operating Supplies Park Maintenance
244846 429 HD SUPPLY WATERWORKS LTD Equipment Parts Water System Maintenance
1013319 428 METRO SALES INCORPORATED* Equipment Rentals IT Operating
245120 422 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Den Road Liquor Store
1013308 420 DAIKIN APPLIED Supplies-HVAC City Hall-CAM
244870 420 MACQUEEN EQUIPMENT INC Repair&Maint.Supplies Sewer System Maintenance
1013424 419 GRAINGER Operating Supplies City Center Operations
1013333 418 TWIN CITY HARDWARE Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr
244869 413 LUBE-TECH ESI Equipment Testing/Cert. Fleet Operating
1013370 412 INTERSTATE POWER SYSTEMS INC Equipment Repair&Maint Water Wells
1013397 404 HACH COMPANY Laboratory Chemicals Water Treatment Plant
1013351 403 SACKETT,MATTHEW Tuition Reimbursement/School Organizational Services
245029 400 MCLEOD COUNTY SHERIFFS DEPT. Deposits Escrow
245140 399 POWERPHONE INC Tuition Reimbursement/School Police
245146 397 RETROFIT COMPANIES,INC,THE Supplies-Electrical Fitness/Conference-Cmty Ctr
244898 397 UNIFORMS UNLIMITED Clothing&Uniforms Reserves
244930 395 CENTURY COLLEGE Tuition Reimb-College Tuition Fire Inspections Admin
245144 390 QUALITY FLOW SYSTEMS INC Equipment Repair&Maint Water Metering
245050 389 CAPREF EDEN PRAIRIE LLC Building Rental Housing and Community Service
1013362 387 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating
1013393 385 CUSTOM HOSE TECH Equipment Repair&Maint Fleet Operating
245100 385 KAISER,DAVID S Equipment Repair&Maint Fitness Center
245057 384 COGNITIVE VENTURES CHANHASSEN LLC Other Contracted Services Senior Center Programs
1013299 380 VIK,LISA Tuition Reimbursement/School Police
Check# Amount Supplier/Explanation Account Description Business Unit Comments
244890 375 SOUNDS GREAT&SPECIAL SOUNDS INC Other Contracted Services Special Events&Trips
244937 375 DAKOTA COUNTY TECHNICAL COLLEGE Tuition Reimb-College Core Fire
245077 371 GOPHER STATE ONE-CALL OCS-Leak Detection Utility Operations-General
245013 366 SIGNSOURCE Signs Den Road Liquor Store
245014 366 SIGNSOURCE Signs Prairie Village Liquor Store
245012 366 SIGNSOURCE Signs Prairie View Liquor Store
1013329 362 SHI CORP Software IT Operating
244913 360 ALTERNATIVE BUSINESS FURNITURE INC Supplies-General Bldg Facilities Staff
1013278 354 COX,KIM Travel Expense Fire
1013326 353 PREMIUM WATERS INC Operating Supplies-Water Fire
1013274 352 BERRY COFFEE COMPANY Merchandise for Resale Concessions
1013271 349 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Outdoor Center Facilities
1013285 345 GREATAMERICA FINANCIAL SVCS Postage Customer Service
1013343 345 GREATAMERICA FINANCIAL SVCS Postage Customer Service
245055 344 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
244993 340 ORGANIX SOLUTIONS Tenant 1-Cleaning Suppli City Hall-Direct Costs
1013310 340 FACTORY MOTOR PARTS COMPANY Lubricants&Additives Fleet Operating
244946 332 ENKI BREWING COMPANY INC Liquor Product Received Prairie View Liquor Store
245099 330 JW PEPPER&SON INC Operating Supplies Community Band
244900 326 VERIZON WIRELESS Telephone Park Maintenance
244907 325 CARVER COUNTY SHERIFFS DEPT. Deposits Escrow
245161 325 VERLEY,TARYN Other Contracted Services Winter Theatre
245046 325 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store
1013342 319 CHEMSEARCH Contract Svcs-Ice Rink Ice Arena Maintenance
245049 319 CALIFORNIA CONTRACTORS SUPPLIES INC Operating Supplies Utility Operations-General
1013435 319 METRO SALES INCORPORATED* Equipment Rentals IT Operating
244950 319 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store
244864 315 LAKE COUNTRY DOOR LLC Contract Svcs-Security Fire Station#1
245072 309 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance
1013280 305 EXTREME BEVERAGE Liquor Product Received Den Road Liquor Store
1013322 301 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store
244887 300 SARAH PIERCE PHOTOGRAPHY Other Contracted Services Special Events&Trips
244981 300 MINNESOTA DEPARTMENT OF PUBLIC SAFETY Licenses&Taxes Water Treatment Plant
245122 300 MINNESOTA DEPT OF LABOR AND INDUSTRY Licenses&Taxes Senior Center
1013316 296 IDEAL SERVICE INC Equipment Repair&Maint Water Treatment Plant
244841 293 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store
1013292 290 PROSOURCE SUPPLY Waste Disposal Fitness/Conference-Cmty Ctr
1013315 290 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance
1013348 285 PARALLEL TECHNOLOGIES INC Equipment Repair&Maint Public Safety Communications
245155 282 STAPLES ADVANTAGE Office Supplies Customer Service
245089 280 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning
244933 280 COMCAST Other Broadband Internet IT Operating
1013391 278 BERRY COFFEE COMPANY Merchandise for Resale Concessions
244849 275 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning
244969 275 LEIFELD FRAMING Operating Supplies Police
1013350 273 QUALITY PROPANE Motor Fuels Fleet Operating
1013377 265 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment Plant
5676 264 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits
245018 264 SPIRIT APPAREL AND STUFF Merchandise for Resale Concessions
1013328 264 SHERWIN WILLIAMS Repair&Maint.Supplies Water Treatment Plant
244859 257 JOHNSTONE SUPPLY Supplies-HVAC Garden Room Repairs
5687 255 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits
244902 253 WALSER CHRYSLER JEEP DODGE Equipment Parts Fleet Operating
Check# Amount Supplier/Explanation Account Description Business Unit Comments
245028 250 OLYMPIC HILLS GOLF CLUB Miscellaneous Internal Events
245149 250 SENSIBLE LAND USE COALITION Dues&Subscriptions City Council
245151 241 SIGNSOURCE Supplies-General Building City Center Operations
244901 240 VIDEOTRONIX INC Equipment Repair&Maint Public Safety Communications
244925 240 BCA/CRIMINAL JUSTICE TRAINING&EDUCATIO Tuition Reimbursement/School Police
245042 240 BCA/CRIMINAL JUSTICE TRAINING&EDUCATIO Tuition Reimbursement/School Police
1013283 226 FULLERTON,ALLISON Travel Expense Fire
244928 219 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store
245060 219 COMCAST Cable TV Fire
1013301 219 WHITE,BECKI Travel Expense Fire
245031 215 WABASHA COUNTY SHERIFF'S DEPARTMENT Deposits Escrow
244839 211 EDEN PRAIRIE ROTARY CLUB Miscellaneous Administration
1013429 210 JEFFERSON FIRE&SAFETY INC Small Tools Fire
245105 210 LAKE COUNTRY DOOR LLC Contract Svcs-Ice Rink Ice Arena Maintenance
244835 209 DODGE OF BURNSVILLE Equipment Parts Fleet Operating
1013378 208 NUCO2 INC Supplies-Pool Pool Maintenance
1013334 206 US HEALTH WORKS MEDICAL GRP MN,PC Health&Fitness Fire
245101 204 KEEPRS INC. Training Supplies Police
1013381 204 SHI CORP Computers-Hardware IT Operating
245056 200 CLIFTONLARSONALLEN LLP Conference/Training Finance
245078 200 GRAPE BEGINNINGS Liquor Product Received Prairie View Liquor Store
245083 200 HAYEN,LINDA Other Contracted Services Winter Theatre
1013376 199 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store
1013294 198 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie View Liquor Store
1013296 196 STOCKWELL,WENDELL Office Supplies Inspections-Administration
245030 191 UNITED STATES POSTAL SERVICE Postage Senior Center Admin
244923 190 BAUHAUS BREW LABS,LLC Liquor Product Received Prairie Village Liquor Store
245074 181 G&K SERVICES-MPLS INDUSTRIAL Operating Supplies Park Maintenance
1013293 180 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
245000 180 PRAHA DISTRIBUTING Liquor Product Received Den Road Liquor Store
244918 179 ASPEN MILLS Clothing&Uniforms Fire
245102 176 KENDELL DOORS&HARDWARE INC Supplies-General Bldg Ice Arena Maintenance
1013284 174 GETSCHOW,RICK Mileage&Parking Administration
1013427 170 HD SUPPLY FACILITIES MAINTENANCE Supplies-Plumbing Pool Maintenance
245023 170 UNIVERSAL ATHLETIC SERVICES INC Awards Touch Football
244931 168 CHANKASKA CREEK RANCH&WINERY,LLC Liquor Product Received Prairie View Liquor Store
244998 168 PIRTEK PLYMOUTH Equipment Repair&Maint Sewer System Maintenance
1013403 167 SAMIDE,RAY Mileage&Parking Skating Rinks/Warming Houses
1013402 167 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
244983 165 MINNESOTA POLLUTION CONTROL AGENCY Licenses&Taxes Sewer Utility-General
245134 164 OMEGA INDUSTRIES Operating Supplies Park Maintenance
1013341 159 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations-General
1013347 158 MUNOZ,CESAR Travel Expense Police
1013303 155 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating
244914 155 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store
245058 154 COMCAST Cable TV Fire
245059 153 COMCAST Cable TV Fire
245084 153 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Water Treatment Plant
244820 151 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie View Liquor Store
244838 150 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous Engineering
244955 150 HEALTHPARTNERS Health&Fitness Fire
245093 150 IACP Dues&Subscriptions Police
245167 150 DAKOTA COUNTY SHERIFFS DEPT Deposits Escrow
Check# Amount Supplier/Explanation Account Description Business Unit Comments
1013346 150 METROPOLITAN FORD Equipment Repair&Maint Fleet Operating
245062 146 COMCAST Equipment Repair&Maint E-911 Program
245080 144 GROTH MUSIC Operating Supplies Community Band
245104 142 KUHLMAN,BARBARA Deposits-P&R Refunds Community Center Admin
245088 138 HENNEPIN COUNTY RESIDENT&REAL ESTATE Other Contracted Services Engineering
1013374 136 MN SUPPLY Equipment Repair&Maint Fleet Operating
1013286 136 LARSON,ALLEN R. Mileage&Parking Police
1013332 136 TOWMASTER INC Equipment Parts Fleet Operating
244966 135 JOHNSTONE SUPPLY Building Repair&Maint. Water Treatment Plant
244932 133 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations-General
244895 131 SUMMIT COMPANIES Operating Supplies Fire
244982 128 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water System Maintenance
244908 128 M-R SIGN CO INC Operating Supplies Community Center Admin
1013277 128 CLAREY'S SAFETY EQUIPMENT Safety Supplies Fleet Operating
245033 125 HEINE MINDY Tuition Reimbursement/School Fitness Classes
244938 121 DB SHOGER&ASSOCIATES LLC Small Tools Fleet Operating
1013405 120 STREIFF,CHAD Travel Expense Police
1013430 120 KIDCREATE STUDIO Instructor Service Arts
1013366 120 CDW GOVERNMENT INC. Software and Hardware IT Capital
244879 116 OLSEN CHAIN&CABLE Operating Supplies Park Maintenance
245160 116 TRANSUNION RISK&ALTERNATIVE DATA Other Contracted Services Police
245070 115 EHLERS&ASSOCIATES INC Other Contracted Services TIF-EDEN SHORES SENIOR HOUSING
1013404 114 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie Village Liquor Store
245095 111 J H LARSON COMPANY Repair&Maint.Supplies Community Center
1013273 108 BATTERIES PLUS Supplies-Electrical Park Shelters
244910 105 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs
244855 103 J H LARSON COMPANY Repair&Maint.Supplies Round Lake
1013318 103 MENARDS Building Materials Park Maintenance
1013385 103 US HEALTH WORKS MEDICAL GRP MN,PC Health&Fitness Fire
1013416 102 CENTERPOINT ENERGY Gas Edenvale Park
244833 100 DEJAGER JON C Refunds Environmental Education
244863 100 KRAUSE JAMES Refunds Environmental Education
244867 100 LEIVSTED SHARON Refunds Environmental Education
245086 100 HENNEPIN COUNTY FIRE CHIEF ASSOCIATION Dues&Subscriptions Fire
245115 100 MCGUIRE JOHN C Refunds Environmental Education
245143 100 PRICE,DAVE&LAINEE Refunds Environmental Education
244860 98 JORDAN LINDA Deposits-P&R Refunds Community Center Admin
1013431 98 LAW ENFORCMENT TARGETS INC Training Supplies Police
1013446 92 US HEALTH WORKS MEDICAL GRP MN,PC Employment Support Test Organizational Services
244880 89 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Park Maintenance
1013421 87 FASTSIGNS Operating Supplies Theatre Initiative
244877 85 MTUG Dues&Subscriptions Public Safety Communications
1013289 85 MORROW,JAMES Dues&Subscriptions Police
244920 83 AT&T MOBILITY Pager&Cell Phone Water System Maintenance
1013290 83 MPX GROUP,THE Printing Police
245108 80 LAW-TSENG SO LIN Deposits Community Center Admin
1013394 80 FADDEN,TIMOTHY Dues&Subscriptions Inspections-Administration
1013275 77 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations-General
245063 76 CONTINENTAL SAFETY EQUIPMENT Repair&Maint-Ice Rink Ice Arena Maintenance
1013282 76 FICCADENTI,JENNY Canine Supplies Police
245121 75 MINNESOTA AMBULANCE ASSOCIATION Dues&Subscriptions Fire
244882 74 PFC EQUIPMENT INC Repair&Maint.Supplies Water Treatment Plant
1013320 73 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating
Check# Amount Supplier/Explanation Account Description Business Unit Comments
1013281 71 FASTENAL COMPANY Equipment Parts Community Center
245085 69 HEITKAMP,VOLLIE Tuition Reimbursement/School Fitness Classes
1013434 68 MENARDS Building Repair&Maint. Storm Drainage
244996 67 PETSMART Canine Supplies Police
244906 65 WOMEN IN LEISURE SERVICES Conference/Training Recreation Admin
244935 64 CUB FOODS EDEN PRAIRIE Training Supplies Organizational Services
244927 63 BLUMER,PETER Deposits-P&R Refunds Community Center Admin
1013327 63 PRIORITY COURIER EXPERTS Equipment Parts Fleet Operating
244909 60 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs
1013401 60 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance
1013360 60 A TO Z RENTAL CENTER Non-Develop.Fire Permits Fleet Operating
244991 60 NAVARA BRANDON Inspection Fee Housing Inspections
245011 59 SHRED RIGHT Waste Disposal City Center Operations
1013354 59 UNDESSER,JOHN Mileage&Parking Inspections-Administration
1013390 56 ZIEGLER INC Equipment Parts Fleet Operating
244832 55 DB SHOGER&ASSOCIATES LLC Small Tools Fleet Operating
245016 53 SONETICS CORPORATION Equipment Repair&Maint Public Safety Communications
245066 53 DIRECTV Other Contracted Services Police
245096 50 JESTER,LAURA Refunds Environmental Education
1013407 49 TOLL GAS AND WELDING SUPPLY Repair&Maint.Supplies Sewer System Maintenance
245001 49 PRAIRIE LAWN AND GARDEN Equipment Parts Street Maintenance
244973 45 MAMA Dues&Subscriptions Administration
1013339 44 BATTERIES PLUS Supplies-Fire/Life/Safety City Hall-CAM
245045 44 BLAST MASTER Equipment Repair&Maint Sewer System Maintenance
1013306 41 CAWLEY COMPANY,THE Clothing&Uniforms Community Center Admin
245119 41 MIANO,MIKE Mileage&Parking Skating Rinks/Warming Houses
244845 40 HALLSON,LINDA Deposits Community Center Admin
244876 40 MPCA Licenses&Taxes Sewer Utility-General
244979 40 Mikkelson Ann Marie Deposits Community Center Admin
245009 40 SCHMIDT,KAREN Deposits Community Center Admin
245136 38 PARK JEEP INC Equipment Parts Fleet Operating
1013276 37 BOHNSACK,SUE Mileage&Parking Senior Center Admin
245076 35 GERTENS Conference/Training Park Maintenance
245124 35 MN STATE BOARD OF ASSESSORS Conference/Training Assessing
245139 35 PLEAA Printing Police
244831 34 Davis William H Deposits-P&R Refunds Community Center Admin
245162 34 WALSER CHRYSLER JEEP DODGE Equipment Parts Fleet Operating
244992 33 OPHOVEN SAW SERVICE Equipment Repair&Maint Senior Center Programs
244874 32 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water Treatment Plant
245065 31 CUB FOODS EDEN PRAIRIE Operating Supplies Reserves
244888 30 SCHRAM CARRYN Mileage&Parking Skating Rinks/Warming Houses
245068 30 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous City Council
245038 27 ASPEN MILLS Clothing&Uniforms Police
244889 25 SEELEY BARRETT Special Event Fees Senior Board
244980 25 MINNESOTA CHAPTER IAAI Dues&subs-Cert&Licensing Fire Inspections Admin
245126 25 MPFF Conference/Training Fire
245054 25 CLEAN N PRESS MTKA Clothing&Uniforms Police
245125 23 MPCA Licenses&Taxes Sewer Utility-General
245039 22 AT&T MOBILITY Pager&Cell Phone Park Maintenance
245113 22 MACQUEEN EQUIPMENT INC Repair&Maint.Supplies Sewer System Maintenance
245005 21 RETROFIT COMPANIES,INC,THE Supplies-Electrical City Center Operations
244818 20 3E COMPANY Non-Develop.Fire Permits General Fund
244824 20 BODYCOTE THERMAL PROCESSING INC Non-Develop.Fire Permits General Fund
Check# Amount Supplier/Explanation Account Description Business Unit Comments
244826 20 BRIDGESTONE RETAIL OPERATIONS LLC Non-Develop.Fire Permits General Fund
244830 20 COSTCO WHOELSALE CORPORATION Non-Develop.Fire Permits General Fund
244837 20 EATON HYDRAULICS Non-Develop.Fire Permits General Fund
244912 20 Ahmed Farhan Deposits Community Center Admin
244949 20 FRIEL INGRIED Deposits Community Center Admin
244956 20 Hoffer Linda Deposits Community Center Admin
244970 20 Lesnau Jerry Deposits Community Center Admin
244972 20 LOGIC PD INV Non-Develop.Fire Permits General Fund
244975 20 MAYNARD,PATRICK Deposits Community Center Admin
245004 20 REPUBLIC SERVICES Cash Over/Short General Fund
245007 20 SALIHOVIC,RESKO Deposits Community Center Admin
245022 20 TEAM SAFETY LLC Cash Over/Short General Fund
1013449 20 XCEL ENERGY Electric Flying Cloud Off Leash Park
1013445 18 UPS Deposits Facilities Staff
244934 14 COMCAST Cable TV Fire
244989 10 MORAN,JACK Operating Supplies Special Events(CC)
245123 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods
245003 7 REGISTRATION FEE TRUST Miscellaneous Organizational Services
244936 5 CURTISS JACKSON SS&Medicare Health and Benefits
244865 5 Landsteiner Linda M Deposits-P&R Refunds Community Center Admin
245061 2 COMCAST Other Contracted Services Police
244977 2 METRO ALARM CONTRACTORS INC Development Fire Permits General Fund
4,325,526 Grand Total
City of Eden Prairie
Purchasing Card Payment Report
3/8/2016
Amount Explanation Vendor Account Description Business Unit
4,474 US-Rear Folding Sight TROY INDUSTRIES Training Supplies Police
4,341 US-Dec 2015 Surcharges DEPT OF LABOR&INDUSTRY Building Surcharge General Fund
2,400 US-wellness gift cards TARGET Employee Award Organizational Services
2,065 US-no descr.written on receip NEW WORLD SYSTEMS Tuition Reimbursement/School Police
1,790 US-no descr.written on receip NEW WORLD SYSTEMS Tuition Reimbursement/School Police
1,495 US-New World Conf NEW WORLD SYSTEMS Conference/Training IT Operating
1,428 US-MNB,CoRecNB,WNB EDEN PRAIRIE COMMUNITY EDUCATI Gym Rental Volleyball
1,300 US-TVs for IT Display(2) AMAZON.COM Miscellaneous IT Operating
1,110 US-CPSI Trg Travis,Wayne MINNESOTA RECREATION&PARK AS Conference/Training Park Maintenance
944 US-vending machines HENNEPIN COUNTY TREASURER Licenses,Permits,Taxes,Fees Concessions
900 US-PB tutor w/oscillator PICKLEBALLCENTRAL.COM Capital Under$25,000 Gymnasium(CC)
875 US-metro water school MN AWWA Conference/Training Utility Operations-General
816 US-Open Gym EDEN PRAIRIE COMMUNITY EDUCATI Gym Rental Adult Open Gym
790 US-café operating supplies CONCESSION STANDS(.COM) Operating Supplies Concessions
775 US-Dues-Eng AMERICAN PUBLIC WORKS ASSOCIAT Dues&Subscriptions Engineering
740 US-constitution installer MINNESOTA EROSION CONTROL Conference/Training Storm Drainage
728 US-ac axial ventilation NORTHERN SAFETY AND INDUSTRIAL Safety Supplies Sewer System Maintenance
726 US-Railroad Shade WAREHOUSE LIGHTING(.COM) Capital Under$25,000 Den Road Liquor Store
703 US-travel expense DELTA AIR Tuition Reimbursement/School Police
621 US-Training Lunches MILIO'S SANDWICHES Training Supplies Police
595 US-Projector for FS2,FS3 AMAZON.COM Equipment Repair&Maint IT Operating
581 US-Dues-Streets AMERICAN PUBLIC WORKS ASSOCIAT Dues&Subscriptions Street Maintenance
580 US-leadership academy mar 8-11 MINNESOTA CHIEFS OF POLICE ASS Tuition Reimbursement/School Police
534 US-ice safety cleats AMAZON.COM Safety Supplies Park Maintenance
518 US-Bar Code Scanners(2) AMAZON.COM Equipment Repair&Maint IT Operating
514 US-Tri State Conf EXPEDIA Conference/Training Youth Programs Admin
514 US-Prof Devp Weedman EXPEDIA Conference/Training Therapeutic Rec Admin
504 US-supplies HEALTH PROMOTIONS NOW Operating Supplies Special Events(CC)
500 US-McCarville Fraud FURR'S BUFFET Deposits Escrow
498 US-belos tires 4 WHEEL PARTS Tires Fleet Operating
497 US-no descr.written on receip LES MILLS UNITED STATES TRADIN Licenses,Permits,Taxes,Fees Fitness Classes
497 US-no descr.written on receip LES MILLS UNITED STATES TRADIN Licenses,Permits,Taxes,Fees Fitness Classes
497 US-Dec 2015 Surcharges DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund
496 US-A Fullerton Conf AMERICAN AIRLINES Conference/Training Fire
470 US-Quartermaster Supply AMAZON.COM Operating Supplies Police
468 US-café operating supplies US FOOD CULINARY EQUIPMENT&S Operating Supplies Concessions
432 US-UPS Network Cards(2) AMAZON.COM Equipment Repair&Maint IT Operating
425 US-Budget Award App Fee GOVERNMENT FINANCE OFFICERS AS Awards Finance
420 US-no descr.written on receip MINNESOTA CANINE CONSULTING,L Canine Supplies Police
417 US-vending machines HENNEPIN COUNTY TREASURER Licenses,Permits,Taxes,Fees Round Lake
417 US-vending machines HENNEPIN COUNTY TREASURER Licenses,Permits,Taxes,Fees Pool Operations
405 US-training MN NURSERY&LANDSCAPE Conference/Training Street Maintenance
390 US-MECA Conf-Randy S MINNESOTA EROSION CONTROL Conference/Training Engineering
388 US-Dues-Utility AMERICAN PUBLIC WORKS ASSOCIAT Dues&Subscriptions Utility Operations-General
384 US-32 inch TV for PD AMAZON.COM Capital Under$25,000 Police
375 US-M.L.Training AWWA Tuition Reimbursement/School Water Treatment Plant
Amount Explanation Vendor Account Description Business Unit
375 US-monthly billing NIMBLE SCHEDULE Other Contracted Services Community Center Admin
375 US-FF Licensing MN BOARD OF FIREFIGHTER TRG& Dues&Subscriptions Fire
372 US-laser jet printer HP HOME STORE Office Supplies Utility Operations-General
365 US-Air Faire DELTA AIR Conference/Training IT Operating
360 US-Safety Zone MENARDS Safety Supplies Utility Operations-General
357 US-Jan Dept Training WHICH WICH Training Supplies Police
357 US-Training Lunches WHICH WICH Training Supplies Police
355 US-forestry supplies FORESTRY SUPPLIERS INC. Operating Supplies Tree Disease
347 US-officers meeting BUCA Operating Supplies Fire
343 US-Pgm Trip Blind Res.For NE PLATTE RIVER WHOOPING CRANE TR Program Trips Outdoor Center
343 US-Pgm Trip Blind Res.For NE PLATTE RIVER WHOOPING CRANE TR Program Trips Outdoor Center
339 US-Training Lunches WHICH WICH Training Supplies Police
334 US-IABC Memb N Wagner IABC Dues&Subscriptions Communications
324 US-Holiday party dessert NOTHING BUNDT CAKES Operating Supplies Fire
315 US-gateway fees NCR SPECIALTY Bank and Service Charges Den Road Liquor Store
311 US-new toilet HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Utility Operations-General
311 US-dance supplies ORIENTAL TRADING CO INC Operating Supplies Special Events&Trips
299 US-HR Ben Spec-30 day postin LINKEDIN Employment Advertising Organizational Services
299 US-admin trng FRED PRYOR SEMINARS Instructor Service Utility Operations-General
296 US-ITE Dues Randy N INSTITUTE OF TRANSPORTATION EN Dues&Subscriptions Engineering
292 US-council workshop LEEANN CHIN Miscellaneous City Council
290 US-Schmieg INTERNATIONAL CODE COUNCIL Conference/Training Inspections-Administration
290 US-Kragness INTERNATIONAL CODE COUNCIL Conference/Training Inspections-Administration
290 US-Fadden INTERNATIONAL CODE COUNCIL Conference/Training Inspections-Administration
290 US-Otten INTERNATIONAL CODE COUNCIL Conference/Training Inspections-Administration
290 US-Stockwell INTERNATIONAL CODE COUNCIL Conference/Training Inspections-Administration
290 US-Undesser INTERNATIONAL CODE COUNCIL Conference/Training Inspections-Administration
290 US-Enstad INTERNATIONAL CODE COUNCIL Conference/Training Inspections-Administration
290 US-ICC Trng Buchanan INTERNATIONAL CODE COUNCIL Conference/Training Fire Inspections Admin
290 US-ICC Trig Albers INTERNATIONAL CODE COUNCIL Conference/Training Fire Inspections Admin
285 US-Albers training MRA-THE MANAGEMENT ASSOCIATION Tuition Reimbursement/School Fire
278 US-ice arena op supplies AMAZON.COM Operating Supplies Ice Operations
273 US-Monitor,Mounts for IT(Jam AMAZON.COM Miscellaneous IT Operating
265 US-MCFOA Annual Conf MCFOA Conference/Training City Clerk
265 US-Rubber Duckies CHICO BAG Operating Supplies Storm Drainage
262 US-vending machines HENNEPIN COUNTY TREASURER Licenses,Permits,Taxes,Fees Pool Operations
260 US-Buchanan Bldg Conference UNIVERSITY OF MINNESOTA Tuition Reimbursement/School Fire
258 US-council workshop QDOBA MEXICAN GRILL Miscellaneous City Council
257 US-717 shop supplies NORTHERN TOOL&EQUIPMENT Repair&Maint.Supplies Sewer System Maintenance
255 US-café operating supplies THE WEBSTAURANT STORE Operating Supplies Concessions
255 US-Office Supplies AMAZON.COM Office Supplies Police
254 US-station 3 crew rooms TARGET Operating Supplies Fire
254 US-Cables MY CABLE MART Miscellaneous IT Operating
250 US-annual subscription SURVEYMONKEY.COM Dues&Subscriptions Fire
248 US-blades IRVAN SMITH INC Repair&Maint.Supplies Sewer System Maintenance
244 US-717 shop supplies ZITCO Repair&Maint.Supplies Sewer System Maintenance
239 US-lunch for LPR CRUMB GOURMET DELI Training Supplies Utility Operations-General
237 US-council workshop MILIO'S SANDWICHES Miscellaneous City Council
233 US-CPR masks for lifeguards LIFEGUARD STORE INC,THE Safety Supplies Pool Operations
232 US-lodging COURTYARD MARRIOTT Travel Expense Police
Amount Explanation Vendor Account Description Business Unit
230 US-adult class and kid supplie TRIARCO Operating Supplies Arts Center
225 US-rural water subscriptions MINNESOTA RURAL WATER ASSOCIAT Dues&Subscriptions Utility Operations-General
223 US-5 basketball EDEN PRAIRIE COMMUNITY EDUCATI Gym Rental Basketball
221 US-holiday party stand by crew BUCA Operating Supplies Police
220 US-schlossmacher retirement HALLMARK INSIGHTS Employee Award Organizational Services
220 US-retirement-schaitberger HALLMARK INSIGHTS Employee Award Organizational Services
219 US-magazine cinch,catch pin BROWNELLS INC. Training Supplies Police
219 US-Bernie Neumann funeral BACHMANS CREDIT DEPT Operating Supplies Fire
218 US-ACA tri state AMERICAN CAMP ASSOCIATION Conference/Training Youth Programs Admin
218 US-ACA tri state AMERICAN CAMP ASSOCIATION Mileage&Parking Therapeutic Rec Admin
210 US-corrosion control seminar NACE INTL TWIN CITIES SECTION Conference/Training Water System Maintenance
210 US-corrosion control trng-ligh PAYPAL INC Conference/Training Utility Operations-General
205 US-emily's classes BLICK ART MATERIALS Operating Supplies Arts Center
202 US-CPR training lunch CRUMB GOURMET DELI Office Supplies Utility Operations-General
200 US-Conference UNIVERSITY OF MINNESOTA Conference/Training Engineering
200 US-Jobs online post,Snr Plann AMERICAN PLANNING ASSOCIATION Employment Advertising Organizational Services
200 US-FF Licensing MN BOARD OF FIREFIGHTER TRG& Dues&Subscriptions Fire
199 US-bank and svc charges PLUG N PAY Bank and Service Charges Community Center Admin
195 US-gateway fees NCR SPECIALTY Bank and Service Charges Prairie Village Liquor Store
194 US-lunch for plowdrivers DAVANNI'S PIZZA Miscellaneous Snow&Ice Control
194 US-Dues-Fleet AMERICAN PUBLIC WORKS ASSOCIAT Dues&Subscriptions Fleet Operating
193 US-lead sled Dft CABELA'S Training Supplies Police
191 US-Safety Zone Restock SAFETY GEAR Clothing&Uniforms Utility Operations-General
188 US-lesson instructor uniforms SWIMOUTLET.COM Clothing&Uniforms Pool Operations
186 US-FD dance ORIENTAL TRADING CO INC Operating Supplies Special Events&Trips
184 US-station 3 crew rooms BEST BUY Operating Supplies Fire
181 US-Coffee COFFEE WHOLESALE Operating Supplies Senior Center Programs
180 US-Cmty Ctr Parking Lot Lights HARMON GLASS Repair&Maint. Supplies Community Center
175 US-water school for butch MN AWWA Tuition Reimbursement/School Water Treatment Plant
174 US-sign stands DISPLAYS2GO Operating Supplies Community Center Admin
168 US-paper towels MENARDS Cleaning Supplies Water Treatment Plant
166 US-Reusable Bags BETTA BRANDS Operating Supplies Recycle Rebate
165 US-Dec 2015 Surcharges DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund
162 US-CPR trng for EPCC staff AMERICAN RED CROSS Licenses,Permits,Taxes,Fees Pool Lessons
162 US-ep players web service WEBS.COM Other Contracted Services Eden Prairie Players
161 US-birthday streamers CARDS DIRECT Operating Supplies Fire
161 US-station 3 crew rooms TARGET Operating Supplies Fire
160 US-luncheon SENSIBLE LAND USE COALITION Miscellaneous Parks Administration
159 US-Buttons NEIL ENTERPRISES INC Operating Supplies Recycle Rebate
159 US-Buttons NEIL ENTERPRISES INC Operating Supplies Storm Drainage
158 US-gateway fees NCR SPECIALTY Bank and Service Charges Prairie View Liquor Store
152 US-shop supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Sewer System Maintenance
151 US-Rogotzke new baby BACHMANS CREDIT DEPT Operating Supplies Fire
151 US-Pucks,Tape,Sticks SPORTS WORLD USA INC Merchandise for Resale Concessions
150 US-Health Dept License HENNEPIN COUNTY TREASURER Licenses,Permits,Taxes,Fees Senior Center Programs
150 US-low volt recert for P.hamm MLK SEMINARS LLC Conference/Training Park Maintenance
150 US-low volt recert for S.Cole MLK SEMINARS LLC Conference/Training Park Maintenance
150 US-sled for buckthorn MILLS FLEET FARM Operating Supplies Park Maintenance
149 US jump start battery AT BATTERY(.COM) Small Tools Fleet Operating
146 US-Mounting Bracket/Strike SOUTHWEST LOCK&KEY Repair&Maint.Supplies Den Bldg.-CAM
Amount Explanation Vendor Account Description Business Unit
145 US-ICC Trng Svoboda INTERNATIONAL CODE COUNCIL Conference/Training Fire Inspections Admin
145 US-café food WALMART COMMUNITY Merchandise for Resale Concessions
142 US-C/C hose reel MOTION INDUSTRIES INC. Equipment Parts Sewer System Maintenance
140 US-turf training NORTHERN GREEN EXPO Conference/Training Park Maintenance
140 US-education conference NORTHERN GREEN EXPO Conference/Training Park Maintenance
139 US-Nora Hayes new baby BACHMANS CREDIT DEPT Operating Supplies Fire
135 US-groceries(no descr on rece BYERLYS Tuition Reimbursement/School Police
130 US-Job Posting TWIN CITIES HUMAN RESOURCES AS Employment Advertising Organizational Services
130 US-bank and svc charges PLUG N PAY Bank and Service Charges Community Center Admin
129 US-lead sled Dft CABELA'S Training Supplies Police
125 US-DVOM Tester AMAZON.COM Repair&Maint.Supplies Fleet Operating
123 US-tools for ferris wheel MENARDS Repair&Maint.Supplies Sewer System Maintenance
121 US-emily's drawing class BLICK ART MATERIALS Operating Supplies Arts Center
120 US-Adv.Tech workshop MN AWWA Conference/Training Utility Operations-General
120 US-Snow Shoes MENARDS Operating Supplies Outdoor Center
118 US-adult class and kid supplie BLICK ART MATERIALS Operating Supplies Arts Center
117 US-supplies PAYPAL INC Operating Supplies Winter Theatre
115 US-sunshine fund Koivumaki TLF BELLADONNA FLORIST Deposits Escrow
115 US-PB balls PICKLEBALLCENTRAL.COM Operating Supplies Gymnasium(CC)
115 US-Mouse&Keybrd for PD Inv R AMAZON.COM Computers IT Operating
114 US-program supplies ORIENTAL TRADING CO INC Operating Supplies Youth Programs Admin
111 US-lodging HOLIDAY INNS EXPRESS Travel Expense Police
110 US-camera class AMERICINN Travel Expense Utility Operations-General
109 US-Signs thin ice project HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance
108 US-parts BIKE BANDIT(.COM) Equipment Parts Fleet Operating
107 US-supplies SWIMOUTLET.COM Operating Supplies Pool Operations
107 US-light for vactor SUPERBRIGHTLEDS.COM Equipment Parts Sewer System Maintenance
103 US-misc UPS STORE,THE Repair&Maint. Supplies Water Treatment Plant
102 US-EPCC operations AMAZON.COM Operating Supplies Community Center Admin
101 US-lunch for 5 attendees COWBOY JACKS Conference/Training Park Maintenance
100 US-sunshine fund-Behl BACHMANS CREDIT DEPT Deposits Escrow
100 US-sunshine fund-sinon BACHMANS CREDIT DEPT Deposits Escrow
100 US-FF Licensing MN BOARD OF FIREFIGHTER TRG& Dues&Subscriptions Fire
100 US-IAAI Membership INTERNATIONAL ASSOCIATION OF A Dues&Subscriptions Fire Inspections Admin
100 US-IAAI Membership INTERNATIONAL ASSOCIATION OF A Dues&Subscriptions Fire Inspections Admin
100 US-Gel Mat for Traction AMAZON.COM Operating Supplies Community Center Admin
99 US-McCarville Prime to be refu AMAZON.COM Deposits Escrow
99 US-dewalt batteries HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance
98 US-Court lines&balls PICKLEBALLCENTRAL.COM Operating Supplies Gymnasium(CC)
98 US-Range Supplies-Targets LAW ENFORCMENT TARGETS INC Training Supplies Police
98 US-Bags ORIENTAL TRADING CO INC Operating Supplies Recycle Rebate
95 US-sunshine fund Paron TLF BELLADONNA FLORIST Deposits Escrow
95 US-A.Rose Membership TWIN CITIES HUMAN RESOURCES AS Dues&Subscriptions Human Resources
94 US-sunshine fund T wilson TROYS FLORIST Deposits Escrow
93 US-shop supplies MENARDS Repair&Maint.Supplies Sewer System Maintenance
92 US-P.Sullivan Sunshine Fund BACHMANS CREDIT DEPT Deposits Escrow
92 US-Mounts for FS3 TV AMAZON.COM Equipment Repair&Maint Public Safety Communications
91 US-Toner Cartridges(inventory AMAZON.COM Process Control Equipment IT Operating
88 US-café food WALMART COMMUNITY Merchandise for Resale Concessions
86 US-717 shop supplies MILLS FLEET FARM Repair&Maint.Supplies Sewer System Maintenance
Amount Explanation Vendor Account Description Business Unit
85 US-Membership FBINAA Dues&Subscriptions Police
84 US-café food WALMART COMMUNITY Merchandise for Resale Concessions
84 US-supplies AMAZON.COM Operating Supplies Fitness Center
83 US-Office Supplies OFFICE DEPOT CREDIT PLAN Office Supplies Police
80 US-no descr.written on receip COMBINED SYSTEMS Training Supplies Police
80 US-clothing PAYPAL INC Clothing&Uniforms Winter Theatre
77 US-café food WALMART COMMUNITY Merchandise for Resale Concessions
76 US-Council Chamber USB Hubs AMAZON.COM Equipment Repair&Maint IT Operating
75 US-ICMA Newsletter display ICMA Employment Advertising Organizational Services
75 US-MAG Memb J Lorenz MAGC Dues&Subscriptions Communications
75 US-MAG Memb N Wagner MAGC Dues&Subscriptions Communications
75 US-sunshine fund-Morrow ANIMAL HUMANE SOCIETY Deposits Escrow
73 US-FD dance ORIENTAL TRADING CO INC Operating Supplies Special Events&Trips
71 US-WILS cards GALLERY COLLECTION,THE Operating Supplies Youth Programs Admin
70 US-hardware FASTENAL COMPANY Repair&Maint.Supplies Water Treatment Plant
69 US-pole saw MINNESOTA EQUIPMENT Repair&Maint.Supplies Park Maintenance
69 US-Paintshop Pro-PD CLEVER BRIDGE INC Software IT Operating
69 US-mail box WALMART COMMUNITY Building Materials Street Maintenance
67 US-paper towels MENARDS Cleaning Supplies Water Treatment Plant
67 US-label OFFICEMAX CREDIT PLAN Operating Supplies Day Care
65 US-Monitor Mounts(2 for unveil AMAZON.COM Miscellaneous IT Operating
65 US-Conference Fee WOMEN IN LEISURE SERVICES Conference/Training Senior Center Admin
65 US-aquatics training WOMEN IN LEISURE SERVICES Conference/Training Pool Lessons
65 US-professional devp WOMEN IN LEISURE SERVICES Conference/Training Community Center Admin
65 US-Toner for Dispatch AMAZON.COM Process Control Equipment IT Operating
65 US-Prof Devp Workshop WOMEN IN LEISURE SERVICES Conference/Training Athletic Programs Admin
65 US-wils workshop WOMEN IN LEISURE SERVICES Conference/Training Community Center Admin
65 US-emergency mgmt org dues PAYPAL INC Dues&Subscriptions Utility Operations-General
65 US-training WOMEN IN LEISURE SERVICES Conference/Training Youth Programs Admin
65 US-Prof Devp Training WOMEN IN LEISURE SERVICES Conference/Training Therapeutic Rec Admin
63 US-play care markers DISCOUNT SCHOOL SUPPLY Operating Supplies Day Care
61 US-knuck boxes MENARDS Operating Supplies Park Maintenance
60 US-Green Expo Parking NORTHERN GREEN EXPO Mileage&Parking Park Maintenance
60 US-Mike Albert license MINNESOTA POLLUTION CONTROL AG Training Supplies Water Treatment Plant
60 US-shovels for ice rink FRATTALLONE'S/MINNETONKA ACE Operating Supplies Park Maintenance
59 US-software PREZI INC Printing Police
58 US-Ink Cartridge(2)Engg AMAZON.COM Process Control Equipment IT Operating
58 US-clothing PAYPAL INC Clothing&Uniforms Winter Theatre
57 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions
56 US-clothing GOODWILL MINNEAPOLIS Clothing&Uniforms Winter Theatre
56 US-scotch int/ext tape STAPLES ADVANTAGE Operating Supplies Community Center Admin
54 US-air gague NAPA AUTO PARTS Operating Supplies Park Maintenance
54 US-SWAT taser holster platform LA POLICE GEAR Training Supplies Police
53 US-plastic head assembly UNITY MANUFACTURING Equipment Parts Fleet Operating
52 US-Signal booster for PD TV AMAZON.COM Capital Under$25,000 Police
52 US-woodshop supplies DEWALT FACTORY Equipment Repair&Maint Senior Center Programs
50 US-Conference Fee CHASKA COMMUNITY CENTER Conference/Training Senior Center Admin
50 US-Conference MINNESOTA TRANSPORTATION ALLIA Conference/Training Engineering
50 US-Cheetah Mounts for PD AMAZON.COM Capital Under$25,000 Police
49 US-supplies B SQUAD Clothing&Uniforms Winter Theatre
Amount Explanation Vendor Account Description Business Unit
48 US-clothing PAYPAL INC Clothing&Uniforms Winter Theatre
46 US-Critter Food PETCO Operating Supplies Outdoor Center
46 US-Critter Food PETCO Operating Supplies Outdoor Center
45 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions
45 US-Ice Castle Trip ICE CASTLES LLC Operating Supplies Trips
44 US-safety supplies for EPCC PATTERSON MEDICAL Safety Supplies Pool Operations
43 US-groceries(no descr on rece BYERLYS Tuition Reimbursement/School Police
42 US-uniforms UNIQUE Clothing&Uniforms Winter Theatre
41 US-woodshop supplies JPW INDUSTIRES Equipment Repair&Maint Senior Center Programs
40 US-K.Walker HC mtg REDSTONE AMERICAN GRILL INC Miscellaneous Community Development Admin.
40 US-wash/fuel squad 214 SHEETZ Motor Fuels Fleet Operating
40 US-UB Recurring PAYPAL INC Bank and Service Charges Utility Operations-General
40 US-supplies HOBBY-LOBBY Operating Supplies Winter Theatre
39 US-groceries(no descr on rece BYERLYS Tuition Reimbursement/School Police
38 US-station supplies TARGET Operating Supplies Fire
38 US-728 HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Sewer System Maintenance
36 US-Finger Printing Supplies AMAZON.COM Office Supplies Police
35 US-supplies REWIND Clothing&Uniforms Winter Theatre
35 US-L.Creamer Membership HENNEPIN HISTORY MUSEUM Dues&Subscriptions Heritage Preservation
35 US-supplies GOODWILL CHANHASSEN Clothing&Uniforms Winter Theatre
34 US-tape SPORTS WORLD USA INC Merchandise for Resale Concessions
34 US-#726 shop truck MENARDS Repair&Maint.Supplies Water System Maintenance
33 US-café operating supplies MELL&CO RESTAURANT DISCOUNT Operating Supplies Concessions
33 US-play care supplies TARGET Operating Supplies Day Care
32 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions
32 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions
32 US-Butch Tupy#721 utilities MENARDS Repair&Maint. Supplies Water Treatment Plant
31 US-shipping UPS Postage Utility Operations-General
31 US-pen,dispenser OFFICEMAX CREDIT PLAN Operating Supplies Community Center Admin
30 US-supplies PALAY DISPLAY INDUSTRIES Operating Supplies Winter Theatre
30 US-fuel squad 214 SHELL OIL Motor Fuels Fleet Operating
30 US-fuel squad 214 BP OIL Motor Fuels Fleet Operating
30 US-robe PAYPAL INC Clothing&Uniforms Winter Theatre
30 US-weather monitor AMAZON.COM Repair&Maint.Supplies Utility Operations-General
29 US-magazine cinch BROWNELLS INC. Training Supplies Police
28 US-supplies PARTY CITY Operating Supplies Special Events(CC)
27 US-regional meeting RIFES STOP N SHOP Operating Supplies Fire
27 US-office supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Street Maintenance
26 US-duct tape HOME DEPOT CREDIT SERVICES Operating Supplies Community Center Admin
26 US-Bowls programs/office TARGET Operating Supplies Youth Programs Admin
25 US-Critter Food PETCO Operating Supplies Outdoor Center
25 US-supplies AMAZON.COM Operating Supplies Fitness Admin.
25 US-morning meeting BYERLYS Operating Supplies Fire
25 US-no descr.written on receip NORTHERN GREEN EXPO Mileage&Parking Park Maintenance
25 US-emergency mgmt org dues PAYPAL INC Dues&Subscriptions Utility Operations-General
25 US-training UNIVERSITY OF MINNESOTA Conference/Training Youth Programs Admin
25 US-Traval for EFO DELTA AIR Conference/Training Fire
25 US-suits SAVERS Clothing&Uniforms Winter Theatre
25 US-clothing SAVERS Clothing&Uniforms Winter Theatre
25 US-electrical supplies MENARDS Operating Supplies Park Maintenance
Amount Explanation Vendor Account Description Business Unit
24 US-Mexican Train Game AMAZON.COM Operating Supplies Senior Board
24 US-Red Hat Trip IMATION IMAX THEATRE Special Event Fees Red Hat
23 US-supplies CORNER STORE Operating Supplies Winter Theatre
23 US-adult drawing kits BLICK ART MATERIALS Operating Supplies Arts Center
23 US-30 day challenge at EPCC su DOLLAR TREE STORES,INC. Special Event Fees Fitness Admin.
22 US-parking for training MARTEN RAMP MINNEAPOLIS PARKIN Mileage&Parking Street Maintenance
22 US-clothing GOODWILL MINNEAPOLIS Clothing&Uniforms Winter Theatre
22 US-Part for Trailer MENARDS Repair&Maint.Supplies Sewer System Maintenance
22 US-supplies HANCOCK FABRICS Clothing&Uniforms Winter Theatre
21 US-skate lesson name tags OFFICE DEPOT CREDIT PLAN Operating Supplies Ice Lessons
21 US-supplies BETHESDA THRIFT SHOP Operating Supplies Winter Theatre
21 US-clothing PAYPAL INC Clothing&Uniforms Winter Theatre
21 US-Shipping for rick UPS Postage Water System Maintenance
20 US-shovels for ice rink MILLS FLEET FARM Operating Supplies Park Maintenance
20 US-Kalligher charge will be ry WOMEN IN LEISURE SERVICES Deposits Escrow
20 US-fuel squad 214 KWIK TRIP STORES Motor Fuels Fleet Operating
20 US-fuel squad 214 ROAD RANGER Motor Fuels Fleet Operating
20 US-fuel squad 214 BOSWELL GULF Motor Fuels Fleet Operating
20 US-ice rinks FRATTALLONE'S/MINNETONKA ACE Operating Supplies Park Maintenance
20 US-led bulbs MENARDS Repair&Maint.Supplies Community Center
20 US-UB Online PAYPAL INC Bank and Service Charges Utility Operations-General
20 US-epermit web security PAYPAL INC Equipment Repair&Maint IT Operating
20 US-café food KOWALSKI'S MARKET Merchandise for Resale Concessions
20 US-Ink Cartridge-Water AMAZON.COM Process Control Equipment IT Operating
19 US-supplies pop/tea TARGET Operating Supplies Senior Center Admin
19 US-Council Mtg Outgoing RADERMACHERS Miscellaneous Senior Board
18 US-Office Supplies HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance
18 US-supplies GOODWILL CHANHASSEN Operating Supplies Winter Theatre
18 US-poly pusher MENARDS Operating Supplies Outdoor Center
18 US-lighted extension cord MENARDS Operating Supplies Fire
17 US-Ice Safety Pgm Supplies GANDER MOUNTAIN Operating Supplies Outdoor Center
17 US-stapler&batteries WALMART COMMUNITY Office Supplies Water Treatment Plant
17 US-woodshop supplies ROCKLER WOODWORKING&HARDWARE Equipment Repair&Maint Senior Center Programs
16 US-acrobat pro subs ADOBE SYSTEMS Office Supplies Utility Operations-General
16 US-dog park salt box/scoop MENARDS Operating Supplies Flying Cloud Off Leash Park
16 US-groceries(no descr on rece BYERLYS Tuition Reimbursement/School Police
16 US-lunch for training JOE SENSER'S Training Supplies Water Treatment Plant
16 US-woodshop supplies MENARDS Equipment Repair&Maint Senior Center Programs
16 US-flex plate engraving CROWN TROPHY Operating Supplies Gymnasium(CC)
15 US-Office Supplies DOLLAR TREE STORES,INC. Office Supplies Police
15 US-fuel squad 214 MANSFIELD 66 Motor Fuels Fleet Operating
15 US-clothing GOODWILL MINNETONKA Clothing&Uniforms Winter Theatre
15 US-Drivers Safety KOWALSKI'S MARKET Operating Supplies Senior Center Programs
14 US-717 shop supplies MENARDS Repair&Maint.Supplies Sewer System Maintenance
14 US-reserve calendar CALENDAR WIZ Operating Supplies Police
14 US-fuel squad 214 7-ELEVEN Motor Fuels Fleet Operating
14 US-camera class JIMMY JOHNS Travel Expense Utility Operations-General
13 US-turf training PLAZA MINNEAPOLIS PARKING Mileage&Parking Park Maintenance
13 US-forestry cont.ed parking PLAZA MINNEAPOLIS PARKING Mileage&Parking Tree Disease
13 US-parking for training PLAZA MINNEAPOLIS PARKING Mileage&Parking Street Maintenance
Amount Explanation Vendor Account Description Business Unit
13 US-chain saw MENARDS Repair&Maint. Supplies Park Maintenance
13 US-704 shop HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Utility Operations-General
12 US-auxiliary cords MY CABLE MART Operating Supplies Community Center Admin
12 US-supplies BETHESDA THRIFT SHOP Clothing&Uniforms Winter Theatre
12 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions
12 US-woodshop supplies JPW INDUSTIRES Operating Supplies Senior Center Programs
11 US-clay studio supplies-glaz TARGET Operating Supplies Arts Center
11 US-clothing SAVERS Operating Supplies Winter Theatre
11 US-Shpg to rigid factory UPS Postage Utility Operations-General
10 US-mailing evidence to NCMEC UNITED STATES POSTAL SERVICE Operating Supplies Police
10 US-Green Expo Parking PLAZA MINNEAPOLIS PARKING Mileage&Parking Park Maintenance
10 US-parking for 5 PLAZA MINNEAPOLIS PARKING Mileage&Parking Park Maintenance
10 US-DPS ALLIED PARKING Operating Supplies Police
10 US-riley barn parking lights MENARDS Repair&Maint.Supplies Riley Lake
10 US-clothing SAVERS Clothing&Uniforms Winter Theatre
10 US-Drivers Safety RADERMACHERS Operating Supplies Senior Center Programs
9 US-supplies PALAY DISPLAY INDUSTRIES Operating Supplies Winter Theatre
9 US-propane for trucks MENARDS Repair&Maint.Supplies Water System Maintenance
9 US-Spoons for IT AMAZON.COM Miscellaneous IT Operating
9 US-for lesson participants TARGET Operating Supplies Pool Lessons
8 US-supplies ARC'S VALUE VILLAGE Clothing&Uniforms Winter Theatre
8 US-T.Peters Ccpurchase HIGHWAY 5 BP Deposits Escrow
8 US-HSEM Class CITY WALK RAMP Operating Supplies Fire
7 US-supplies BLOOMINGTON GOODWILL Clothing&Uniforms Winter Theatre
7 US-Wireless Mouse for IT AMAZON.COM Computers IT Operating
7 US-clothing GOODWILL CHANHASSEN Operating Supplies Winter Theatre
6 US-bday party supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Birthday Parties
6 US-building supplies MY CABLE MART Building Materials Street Maintenance
6 US-extra shipping for warranty UPS Equipment Repair&Maint Street Maintenance
5 US-30 day challenge at EPCC su DOLLAR TREE STORES,INC. Special Event Fees Fitness Admin.
5 US-light bulbs HOME DEPOT CREDIT SERVICES Operating Supplies Den Road Liquor Store
5 US-skirt/pants ARC'S VALUE VILLAGE Clothing&Uniforms Winter Theatre
5 US-catch pin BROWNELLS INC. Training Supplies Police
5 US-art supplies for adult clas TARGET Operating Supplies Arts Center
4 US-cooler screws LOWE'S Operating Supplies Den Road Liquor Store
4 US-supplies SALVATION ARMY DISASTER SVCS, Clothing&Uniforms Winter Theatre
4 US-pivot pin BROWNELLS INC. Training Supplies Police
4 US-Quartermaster Supply FRATTALLONE'S/MINNETONKA ACE Operating Supplies Fire
3 US-shop supplies FRATTALLONE'S/MINNETONKA ACE Repair&Maint.Supplies Sewer System Maintenance
3 US-supplies SAVERS Operating Supplies Winter Theatre
3 US-supplies ARC'S VALUE VILLAGE Operating Supplies Winter Theatre
2 US-supplies GOODWILL MINNEAPOLIS Operating Supplies Winter Theatre
2 US-Shpg to Schonsted Instrumen UPS Postage Utility Operations-General
-40 US-refund for headphones AMAZON.COM Miscellaneous IT Operating
-100 US-Dec 2015 Surcharges DEPT OF LABOR&INDUSTRY Other Revenue General Fund
76,925 Report Total
3/1/2016 15:25:41
Page- 1
CITY COUNCIL AGENDA DATE:
SECTION: Appointments March 8, 2016
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIII.A.
City Council 2016 City Commission Appointments
Requested Action
Move to: Appoint to the Conservation Commission with terms ending March 31, 2019
Move to: Appoint to the Flying Cloud Airport Advisory Commission with a term ending March
31, 2019
Move to: Appoint to the Heritage Preservation Commission with terms ending March 31, 2019
Move to: Appoint to the Human Rights and Diversity Commission with terms ending March
31, 2019
Move to: Appoint to the Parks, Recreation&Natural Resources Commission with terms ending
March 31, 2019; and with a term ending March 31, 2018
Move to: Appoint to the Planning Commission with terms ending March 31, 2019
Synopsis
The City Council hosted Commission interviews on Tuesday, February 23, 2016. The City received 22
applications - 7 from new applicants and 15 from commissioners reapplying for positions. All terms will
begin on April 1. A required orientation session for new commissioners will be held on Wednesday,
March 23.
CITY COUNCIL AGENDA DATE:
SECTION: Appointments March 8, 2016
DEPARTMENT/ ITEM DESCRIPTION: ITEM NO.: XIII.B.
DIVISION: 2016 Appointments of Chairs and Vice Chairs to
City Council City Commissions
Requested Action
Move to: Appoint - Chair and Vice Chair of the Board of Appeal
& Equalization.
Move to: Appoint - Chair and -Vice Chair of the Conservation Commission.
Move to: Appoint - Chair and -Vice Chair of the Heritage Preservation
Commission.
Move to: Appoint - Chair and - Vice Chair of the Human Rights and
Diversity Commission
Move to: Appoint - Chair and -Vice Chair of the Parks, Recreation and
Natural Resources Commission.
Move to: Appoint - Chair and -Vice Chair of the Planning Commission.
Synopsis
Chairs and Vice Chairs are appointed annually by the City Council following the appointment of
members to City Commissions. The City Council hosted Commission interviews on Tuesday, February
23, and determined Chair and Vice Chair assignments for the period of April 1, 2016, through March 31,
2017.