HomeMy WebLinkAboutCity Council - 07/16/2019 AGENDA
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY,JULY 16, 2019 CITY CENTER
5:00—6:25 PM, HERITAGE ROOMS
6:30—7:00 PM, COUNCIL CHAMBER
CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Kathy Nelson, Mark
Freiberg, and PG Narayanan
CITY STAFF: City Manager Rick Getschow, Police Chief Greg Weber, Fire Chief Scott Gerber,
Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and
Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose,
Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Katie O'Connor
Workshop-Heritage Rooms I and II
I. 2020/2021 BUDGET (5:30—6:15)
II. HENNEPIN COUNTY COURT PRESENTATION (6:15—6:30)
Open Podium - Council Chamber (6:30)
III. OPEN PODIUM
IV. ADJOURNMENT
AGENDA
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY,JULY 16, 2019 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Kathy Nelson, Mark Freiberg,
and PG Narayanan
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. OPEN PODIUM INVITATION
IV. PROCLAMATIONS/PRESENTATIONS
A. HENNEPIN COUNTY COMMISSIONER DEBBIE GOETTEL
B. HENNEPIN COUNTY SHERIFF DAVID HUTCHINSON
C. ACCEPT DONATION OF HISTORIC FARM EQUIPMENT FROM DOUG
SCHMIDT (Resolution)
D. ACCEPT DONATION OF $3,400 FOR HOMETOWN CELEBRATION
(Resolution)
E. ACCEPT DONATION OF $500 FROM DREAMWORKS FOR MOVIES IN
THE PARKS (Resolution)
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, JUNE 18, 2019
B. CITY COUNCIL MEETING HELD TUESDAY, JUNE 18, 2019
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
CITY COUNCIL AGENDA
July 16, 2019
Page 2
B. FOUNTAIN PLACE by Cushman&Wakefield. Second Reading of an
Ordinance for PUD District Amendment on 12.43 acres; Resolution for Site Plan
Review on 12.43 acres (Ordinance for Zoning District Amendment;
Resolution for Site Plan)
C. CODE AMENDMENT FOR SOLAR by City of Eden Prairie. Second Reading
of an Ordinance to amend City Code Chapter 11 relating to Solar Systems as a
Permitted Accessory Use (Ordinance; Resolution for Summary Ordinance)
D. APPROVE ENCROACHMENT AGREEMENT WITH METROPOLITAN
COUNCIL FOR SWLRT SOUTHWEST STATION
E. AWARD CONTRACT TO CORRECTIVE ASPHALT MATERIALS TO
APPLY REJUVENATING AGENTS TO CITY STREETS
F. REJECT BID FROM EUREKA CONSTRUCTION, INC. FOR TC&W
RAILROAD CROSSING SAFETY IMPROVEMENT PROJECT
G. APPROVE AGREEMENT WITH HANSEN THORP PELLINEN OLSON,
INC. (HTPO) FOR CONSTRUCTION SURVEYING SERVICES FOR
DRINKING WATER STORAGE RESERVOIR AND PUMP STATION
H. APPROVE STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
WITH HANSEN THORP PELLINEN OLSON, INC. FOR DEERFIELD
TRAIL IMPROVEMENTS
I. REJECT BIDS FOR CITY YARD WASTE DROP OFF IMPROVEMENT
PROJECT
J. STANDARD SMALL WIRELESS FACILITY COLLOCATION
AGREEMENT WITH VERIZON WIRELESS LLC
K. APPROVE TRANSFER OF RETIRED CANINE TO OFFICER
L. ADOPT RESOLUTION AND FINDINGS DENYING A THERAPEUTIC
MASSAGE ENTERPRISE LICENSE TO ROYALTY LLC D/B/A JF SPA
AND MASSAGE THERAPIST LICENSES TO GUIRONG YE AND KE SUN
M. APPROVE CHANGES TO EDEN PRAIRIE FIREFIGHTER RELIEF
ASSOCIATION BYLAWS
N. APPROVE AGREEMENT WITH TYLER TECHNOLOGIES FOR
UPGRADES TO NEW WORLD SHIELDFORCE AND WEB CAD
MONITOR
O. ADOPT RESOLUTION IN SUPPORT OF LIVABLE COMMUNITIES
DEMONSTRATION ACOUNT GRANT APPLICATION
CITY COUNCIL AGENDA
July 16, 2019
Page 3
P. CASTLE RIDGE by Senior Housing Partners. Second Reading of an Ordinance
for PUD District Review with waivers on 19.75 acres and Zoning District Change
from C-COM to RM-2.5 on 1.33 acres and from RM-2.5 to C-COM on .13 acres;
Resolution for Site Plan Review on 6.94 acres (Ordinance for Zoning District
Change; Resolution for Site Plan)
IX. PUBLIC HEARINGS/MEETINGS
A. SHELDON PLACE by Schaefco Development, LLC. Resolution for PUD
Concept Review on 1.01 acres; First Reading of an Ordinance for PUD District
Review with waivers and Zoning District Change from Rural to RM-6.5 on 1.01
acres; Resolution for Preliminary Plat of one lot into eleven lots on 1.01 acres
(Ordinance for Zoning District Change; Resolution for PUD Concept;
Resolution for Preliminary Plat)
B. VACATION OF EDEN BLUFF HIGHLANDS DRAINAGE AND UTILITY
EASEMENTS (Resolution)
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS,AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
1. Abandoned Homes Report
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
1. Oak Point Elementary School Site Plan Early Land Alteration Permit
D. REPORT OF PARKS AND RECREATION DIRECTOR
1. Columbarium Concept Plan
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
CITY COUNCIL AGENDA
July 16, 2019
Page 4
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
ANNOTATED AGENDA
DATE: July 12, 2019
TO: Mayor and City Council
FROM: Rick Getschow, City Manager
RE: City Council Meeting for Tuesday, July 16, 2019
TUESDAY,JULY 16, 2019 7:00 PM, COUNCIL CHAMBER
I. CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
Open Podium is an opportunity for Eden Prairie residents to address the City Council
on issues related to Eden Prairie city government before each Council meeting,
typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the
Council Chamber. If you wish to speak at Open Podium,please contact the City
Manager's Office at 952.949.8412 by noon of the meeting date with your name,
phone number, and subject matter. If time permits after scheduled speakers are
finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not
recorded or televised. If you have questions about Open Podium, please contact the
City Manager's Office.
IV. PROCLAMATIONS/PRESENTATIONS
A. HENNEPIN COUNTY COMMISSIONER DEBBIE GOETTEL
County Commissioner Debbie Goettel will give a presentation.
B. HENNEPIN COUNTY SHERIFF DAVID HUTCHINSON
County Sheriff David Hutchinson will give a presentation.
C. ACCEPT DONATION OF HISTORIC FARM EQUIPMENT FROM DOUG
SCHMIDT (Resolution)
Synopsis: Doug Schmidt has offered to donate historic farm equipment to be
displayed at historic sites within the city. The Historic Preservation Commission
reviewed the equipment and recommends accepting the following equipment(see
attached photos); the corn planter, John Deere mower, dump rake and the ax
grinder.
MOTION: Move to adopt the Resolution accepting the donation of
Historical Farm Equipment from Doug Schmidt.
ANNOTATED AGENDA
July 16, 2019
Page 2
D. ACCEPT DONATION OF $3,400 FOR HOMETOWN CELEBRATION
(Resolution)
Synopsis: A few Eden Prairie businesses donated towards the July 3rd and 4th
Celebration, amounting to $3,400 in total.
MOTION: Move to adopt the Resolution accepting the donation of
$3,400 from various donors to go towards the July 3rd and 4th
Hometown Celebration.
E. ACCEPT DONATION OF $500 FROM DREAMWORKS FOR MOVIES IN
THE PARKS (Resolution)
Synopsis: Each summer, Parks and Recreation offers a series of three free movies
at the Staring Lake Amphitheatre. Selections are made so that the series has
offerings for both families with young children and older teens and adults. Movies
are preceded by live entertainment on stage.
MOTION: Move to adopt the Resolution accepting the donation of
$500 from DreamWorks to go towards the Movies in the Parks.
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,JUNE 18, 2019
B. CITY COUNCIL MEETING HELD TUESDAY,JUNE 18, 2019
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
MOTION: Move approval of items A-P on the Consent Calendar.
A. CLERK'S LICENSE LIST
B. FOUNTAIN PLACE by Cushman&Wakefield. Second Reading of an
Ordinance for PUD District Amendment on 12.43 acres; Resolution for Site Plan
Review on 12.43 acres (Ordinance for Zoning District Amendment;
Resolution for Site Plan)
ANNOTATED AGENDA
July 16, 2019
Page 3
C. CODE AMENDMENT FOR SOLAR by City of Eden Prairie. Second Reading
of an Ordinance to amend City Code Chapter 11 relating to Solar Systems as a
Permitted Accessory Use (Ordinance; Resolution for Summary Ordinance)
D. APPROVE ENCROACHMENT AGREEMENT WITH METROPOLITAN
COUNCIL FOR SWLRT SOUTHWEST STATION
E. AWARD CONTRACT TO CORRECTIVE ASPHALT MATERIALS TO
APPLY REJUVENATING AGENTS TO CITY STREETS
F. REJECT BID FROM EUREKA CONSTRUCTION, INC. FOR TC&W
RAILROAD CROSSING SAFETY IMPROVEMENT PROJECT
G. APPROVE AGREEMENT WITH HANSEN THORP PELLINEN OLSON,
INC. (HTPO) FOR CONSTRUCTION SURVEYING SERVICES FOR
DRINKING WATER STORAGE RESERVOIR AND PUMP STATION
H. APPROVE STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
WITH HANSEN THORP PELLINEN OLSON,INC. FOR DEERFIELD
TRAIL IMPROVEMENTS
I. REJECT BIDS FOR CITY YARD WASTE DROP OFF IMPROVEMENT
PROJECT
J. STANDARD SMALL WIRELESS FACILITY COLLOCATION
AGREEMENT WITH VERIZON WIRELESS LLC
K. APPROVE TRANSFER OF RETIRED CANINE TO OFFICER
L. ADOPT RESOLUTION AND FINDINGS DENYING A THERAPEUTIC
MASSAGE ENTERPRISE LICENSE TO ROYALTY LLC D/B/A JF SPA
AND MASSAGE THERAPIST LICENSES TO GUIRONG YE AND KE SUN
M. APPROVE CHANGES TO EDEN PRAIRIE FIREFIGHTER RELIEF
ASSOCIATION BYLAWS
N. APPROVE AGREEMENT WITH TYLER TECHNOLOGIES FOR
UPGRADES TO NEW WORLD SHIELDFORCE AND WEB CAD
MONITOR
O. ADOPT RESOLUTION IN SUPPORT OF LIVABLE COMMUNITIES
DEMONSTRATION ACOUNT GRANT APPLICATION
P. CASTLE RIDGE by Senior Housing Partners. Second Reading of an Ordinance
for PUD District Review with waivers on 19.75 acres and Zoning District Change
from C-COM to RM-2.5 on 1.33 acres and from RM-2.5 to C-COM on 1.3 acres;
ANNOTATED AGENDA
July 16, 2019
Page 4
Resolution for Site Plan Review on 6.94 acres (Ordinance for Zoning District
Change; Resolution for Site Plan)
IX. PUBLIC HEARINGS/MEETINGS
A. SHELDON PLACE by Schaefco Development, LLC. Resolution for PUD
Concept Review on 1.01 acres; First Reading of an Ordinance for PUD District
Review with waivers and Zoning District Change from Rural to RM-6.5 on 1.01
acres; Resolution for Preliminary Plat of one lot into eleven lots on 1.01 acres
(Ordinance for Zoning District Change; Resolution for PUD Concept;
Resolution for Preliminary Plat)
Synopsis: The applicant is proposing to build 10 townhome units at 7960 Eden
Prairie Road. The 1.01-acre property is located on the west side of Eden Prairie
Road approximately 1/2 mile south of Highway 5. The site was formerly occupied
by Gunnar Electric. There is an office building, shop building, and a number of
sheds on the property. The applicant is proposing two 3-unit buildings at the north
and south ends of the property and two 2-unit buildings along the west side of the
property. Access to the site will remain in its current location across from Glory
Lane. The buildings are proposed at 2 1/2-stories and each unit is proposed at
approximately 3,440 square feet with a two car garage and two additional covered
parking stalls for guests in front of the garage. The units consist of a lower level,
a main level with living space and an upper level. The units are designed to
include an elevator if the homeowner selects that option. In addition to the
parking stalls in front of the two car garages, the proposed plan include 5 surface
parking stalls for visitors. The proposal includes a pedestrian connection to the
trail along Eden Prairie Road. The proposal also includes a semi-circular seating
area next to the sidewalk as a small gathering area for residents.
MOTION: Move to:
• Close the Public Hearing; and
• Adopt a Resolution for Planned Unit Development Concept
Review on 1.01 acres; and
• Approve the 1st Reading of the Ordinance for a Planned Unit
Development District Review with waivers on 1.01 acres and a
Zoning District Change from Rural to RM-6.5 on 1.01 acres; and
• Adopt a Resolution for a Preliminary Plat of one lot into 11 lots on
1.01 acres; and
• Direct Staff to prepare a Development Agreement incorporating
Staff and Commission recommendations and Council conditions.
B. VACATION OF EDEN BLUFF HIGHLANDS DRAINAGE AND UTILITY
EASEMENTS (Resolution)
Synopsis: The property owners of the lots have requested the vacation of all the
drainage and utility easements to facilitate the plat of Eden Bluff Highlands 5th
ANNOTATED AGENDA
July 16, 2019
Page 5
Addition for parking lot expansion.
MOTION: Move to:
• Close the Public Hearing; and
• Adopt the Resolution vacating Drainage and Utility Easements.
X. PAYMENT OF CLAIMS
MOTION: Move approval of Payment of Claims as submitted (Roll Call
Vote).
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS,AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
1. Abandoned Homes Report
Synopsis: Building Inspections Manager Kevin Schmieg will give an update
at the request of the Council from the last meeting regarding abandoned and
vacant properties.
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
1. Oak Point Elementary School Site Plan Early Land Alteration Permit
Synopsis: The applicant is proposing to construct additional parking at
Oak Point Elementary School. The property is located at 13400 Staring
Lake Parkway at the intersection of Anderson Lakes Parkway and Staring
Lake Parkway. The 23.05-acre property includes the school, parking, ball
fields and playground areas. The new 85-stall parking lot is proposed
west of the lower parking lot south of the school. The proposed project
also includes construction of a stormwater basin west of the new parking
lot, code compliant landscape islands in the parking lot and landscape
screening on the south side of the parking lot to provide screening from
Staring Lake Parkway. The proposed parking lot is primarily for staff
parking and there is an existing sidewalk providing pedestrian access to
the school.
The applicant is only a requesting an early Land Alteration Permit at this
ANNOTATED AGENDA
July 16, 2019
Page 6
time to keep the project moving forward so the improvements can be
completed early in the school year. If the early Land Alteration Permit is
authorized, any work completed by the applicant is at their own risk. The
public hearing for the consideration of approval of the Site Plan will be
held on August 13.
D. REPORT OF PARKS AND RECREATION DIRECTOR
1. Columbarium Concept Plan
Presentation: Parks and Recreation Director Jay Lothammer will give a
presentation on a plan for a columbarium at the Pleasant Hill Cemetery.
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: Move to adjourn the City Council meeting.
CITY COUNCIL AGENDA DATE:
SECTION: Proclamations and Presentations July 16, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Jay Lotthammer, Director, Donation of Historical Farm Equipment from IV.C.
Parks and Recreation Doug Schmidt
Requested Action
Move to: Adopt Resolution accepting the donation of Historical Farm Equipment from
Doug Schmidt.
Synopsis
Doug Schmidt has offered to donate historic farm equipment to be displayed at historic sites
within the city. The Historic Preservation Commission reviewed the equipment and recommends
accepting the following equipment (see attached photos); the corn planter, John Deere mower,
dump rake and the ax grinder.
Background
Mr. Schmidt gives the following background of the equipment. "The farm equipment
(approximately from the early 1900's) belonged to my grandfather, Joseph Morrissette. His
original farm was in Hamel, MN. The farm was located approximately 3 miles west of Medina
Entertainment Center. He retired in the late '40s and then purchased one acre and the farm
house in Eden Prairie from Wesly Pidock. He brought the farm equipment (that I would like to
donate) with him. Even though he retired, he continued to farm the land in Eden Prairie. He
planted vegetable crops:potatoes, corn, strawberries, rhubarb, and hay. He then harvested and
sold these crops to National T grocery in Glen Lake, MN and operated a roadside stand on
Scenic Heights Road. Grandpa was known around these parts as: Old Joe; Old Joe Potato Joe;
or Uncle Joe, but he was always grandpa to me. "
Attachments
Photos of Equipment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2019-
RESOLUTION RELATING TO ACCEPTANCE OF GIFTS
BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT:
The gift to the City of Historical Farm Equipment from Doug Schmidt is hereby recognized
and accepted by the Eden Prairie City Council.
ADOPTED by the City Council of the City of Eden Prairie this 16th day of July, 2019.
Ronald A. Case, Mayor
ATTEST:
Kathleen Porta, City Clerk
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CITY COUNCIL AGENDA DATE:
SECTION: Proclamations and Presentations July 16, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Jay Lotthammer, Director, Donations for July 3rd and 4th Hometown IV.D.
Parks and Recreation Celebration
Requested Action
Move to: Adopt Resolution accepting the donation of$3,400 from various donors to go
towards the July 3rd and 4th Hometown Celebration.
Synopsis
A few Eden Prairie businesses donated towards the July 3rd and 4th Celebration:
$1,000 J.A. Price Agency, Inc.
$1,000 OSR Physical Therapy
$500 Southwest Metro Pickleball Club
$400 Brookdale Senior Living
$200 Wall Trends
$200 Kowalski's Market
$100 Elim Shores
Previously recognized was:
$200 Lions Tap
Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2019-
RESOLUTION RELATING TO ACCEPTANCE OF GIFTS
BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT:
The gift to the City in the amount of$3,400 to be used towards the Hometown Celebration on
July 3 and 4 from the J.A. Price Agency, Inc. ($1,000), OSR Physical Therapy ($1,000),
Southwest Metro Pickleball Club($500),Brookdale Senior Living($400),Wall Trends($200),
Kowalksi's Market ($200) and Elim Shores ($100) is hereby recognized and accepted by the
Eden Prairie City Council.
ADOPTED by the City Council of the City of Eden Prairie this 16th day of July, 2019.
Ronald A. Case, Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE:
SECTION: Proclamations and Presentations July 16, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Jay Lotthammer, Director, Donation for Movies in the Park IV.E.
Parks and Recreation
Requested Action
Move to: Adopt Resolution accepting the donation of$500 from DreamWorks to go
towards the Movies in the Parks.
Synopsis
Each summer, Parks and Recreation offers a series of three free movies at the Staring Lake
Amphitheatre. Selections are made so that the series has offerings for both families with young
children and older teens and adults. Movies are preceded by live entertainment on stage.
Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2019-
RESOLUTION RELATING TO ACCEPTANCE OF GIFTS
BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT:
The gift to the City in the amount of$500 to be used towards the Movies in the Park from
DreamWorks is hereby recognized and accepted by the Eden Prairie City Council.
ADOPTED by the City Council of the City of Eden Prairie this 16th day of July, 2019.
Ronald A. Case, Mayor
ATTEST:
Kathleen Porta, City Clerk
ITEM NO.VI.A.
UNAPPROVED MINUTES
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY,JUNE 18, 2019 CITY CENTER
5:00—6:25 PM,HERITAGE ROOMS
6:30—7:00 PM, COUNCIL CHAMBER
CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Kathy Nelson, Mark
Freiberg, and PG Narayanan
CITY STAFF: City Manager Rick Getschow, Police Chief Greg Weber, Fire Chief Scott Gerber,
Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and
Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose,
Communications Manager Joyce Lorenz, City Attorney Maggie Neuville, and Recorder Katie
O'Connor
Workshop-Heritage Rooms I and II(5:30)
I. ECONOMIC DEVELOPMENT UPDATE
Economic Development Manager Lindahl provided an economic update on the Strategic
Plan, City leases, infrastructure projects, high profile building vacancies, Southwest Light
Rail Transit(SWLRT)business communications, workforce initiatives, and special economic
development events. The current Strategic Plan was approved for 2017 to 2020 and addresses
key projects and initiatives. The recent Strategic Plan included incorporating a distillery and
brewery in Eden Prairie. In order to move forward with this, liquor ordinance revisions took
place in 2016 and 2017. Flying Dutchman Distillery received a Moving the Market grant
from Hennepin County to help offset some of the startup costs. Fat Pants Brewery will be
opening in the former Panino Brothers building in fall of 2019.
Lindahl stated co-work and collaborative office space has been a priority in the Strategic
Plan. It has proved difficult to attract developers for this purpose, specifically in the suburbs.
The City issued a request for proposal (RFP) for a vertically integrated use on a MnDOT
property, and there was no market interest for the concept at the specific location. Council
Member Aho inquired if Staff are aware of why there was no interest. Lindahl replied many
felt it was too far from the active areas of Eden Prairie. Council Member Narayanan inquired
how large the MnDOT property is. Lindahl replied about four acres.
Lindahl stated the type of co-work concept that could be successful in Eden Prairie is half
private offices and half shared open space, similar to The Reserve in Edina. Mayor Case
inquired about a similar co-work location in Hopkins off Main Street and if there are known
municipal partnerships with co-work locations. Lindahl was not familiar with the Hopkins
location or municipalities who financially partner with these locations.
Lindahl stated the first Transit Oriented Development(TOD) and vertically integrated Mixed
Use redevelopment was Elevate. Elevate's anchor tenant is Brick and Bourbon, opening at
the end of 2019. Another TOD project is the Hampton Inn in the town center area. The
City Council Workshop Minutes
June 18, 2019
Page 2
project has proved challenging because of watershed related issues. The initial approved
project was too expensive to build, so plans were altered. With the six stories, there will be
move visibility than the previous uses.
Lindahl stated there are two potential TOD and Mixed Use Redevelopment sites near the
golden triangle station area. The previous Supervalu site and West 70th Street extension
would likely be redeveloped with SWLRT. Liberty Property would like to sell their
properties together. Staff have been fielding calls about these properties already. Nelson
inquired if this would be an ideal location for a tall apartment or condo complex. Jeremiah
noted the TOD zoning requirements allow for this. Lindahl stated currently there are many
office buildings in the location, but one project could lead the redevelopment of the area.
Lindahl stated there is potential for redevelopment in the town center station area. This is
dependent on whether or not current businesses decide to stay. In regards to Eden Prairie
Mall, in 2016 mall owners purchased Sears and began redevelopment. Initial conversations
were had about housing and a hotel off the perimeter. Ideally these uses would be physically
attached to the mall. Scheels reached out to Eden Prairie Mall to show their interest in the site
and began developing. Nelson noted hotels next to and physically attached to malls are doing
well. Narayanan inquired how many staff Scheels is projected to employ. Klima responded
about 150 full time and 150 part time employees. Lindahl added the location is set to open in
the fall of 2020.
Lindahl stated with malls being affected by online retail, there is a need to diversify their
uses with housing and entertainment. Ridgedale has incorporated I-Fly as entertainment and
is looking at creating a small City park. Aho inquired if Eden Prairie Mall owns the
JCPenney location. Lindahl noted JCPenney leases the space. Nelson added there may need
to be some updates to restaurants as well in the future.
Lindahl stated initial conversations with the owners of Winter Park discussed a full-service
hotel. The owners considered housing options, and the housing development initially
proposed was low density, mid-rise apartments. They decided to temporarily lease the space
for three years to Lifetime Fitness. Long term there is still potential for a hotel or housing
development, and discussions will likely continue in the next year or two. Nelson added the
Council would have more interest in something larger on this site.
Lindahl stated the City is in discussions with the SWLRT project office about deeding their
property at the Eden Prairie convenience center site at Eden Road. The site, near SWLRT,
could possibly include entry signage, a public plaza, and trail enhancements. Jeremiah added
it is still uncertain how much property the City could acquire. Therefore, it is still uncertain
what the exact use would be for the location.
Lindahl provided leasing updates for City-owned buildings. At the Den Road liquor building,
Chuck and Don's signed a ten year lease and recently opened. Lotus Nails, also at the Den
Road liquor building, has a ten year lease through June 2024. The Eden Prairie Montessori
School has a five year lease through June 2022. This property, acquired during the 2008
expansion of Singletree, has potential to be assembled for a larger redevelopment in the
future. Supervalu, now UNFI, has leased a portion of the City Center building through June
2022. Staff, along with Mayor Case and Council Member Aho, will be meeting with their
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June 18, 2019
Page 3
CEO tomorrow. The Eden Prairie School District's lease at the City Center is through May
2024, but they are likely to move out prior to the end of their lease. Legally they are
obligated to pay rent through the remainder of their lease, but a seamless transition with
another tenant could be considered. Smith Coffee and Café is leased through December 2027
at the Historic Smith Douglas More Home. Nelson inquired if they are now making a profit.
Lindahl replied they have been doing well in their space and have been considering
expanding their kitchen in the future. They have found a solution to make improvements to
cold storage and to expand their business. Case stated if the City could pay the initial costs of
the kitchen expansion, the difference could be recouped through their lease. Aho noted they
could utilize cold storage outside the building and screen it. Lindahl added screening would
prove difficult with the architecture of the building.
Lindahl provided an overview of economic development assisted infrastructure projects.
Singletree streetscape has been a collaborative effort with public works. This has included
proactive property and business owner outreach and communication. Freiberg inquired about
the outcome of Jake's City Grille. Lindahl stated if there isn't a liquor license submitted in
the upcoming months, the City will likely see a different business occupy the space.
Lindahl stated the City received a grant from Hennepin County to help with the West 70th
Street extension connecting the golden triangle SWLRT location. The project included trails
and a bike path. The City also received a Hennepin County TOD grant to make a pedestrian
connection from Singletree to the Town Center Station. The exact path is still being
determined, but the project is anticipated to be completed by 2021. Narayanan inquired if the
tall antennae on the water tower near the Bowlero location is new. Ellis responded there is a
railing on top of the water tower with four poles but no antennae.
Lindahl provided an update on high profile vacancies. A proposal has been submitted for
building changes to subdivide the former Sports Authority space. There is a potential new
tenant to fill one of the two retail spaces. The two Burger King locations were part of a nine-
store franchise bankruptcy. The Burger King Corporation owns the properties and leases it to
their franchisees. They have a potential franchise owner to take over the Eden Prairie
properties, but they need to do a lot of renovations and landscaping in order to reopen. Due to
lack of maintenance from the Burger King Corporation, the City has been maintaining the
grass and assessing the property. There is no firm date on the reopen.
Lindahl stated there have been many meetings with Redstone about the changes with
SWLRT construction. Redstone is losing an access point and potentially losing 12 to 20
parking spots. The City anticipates opening up on-street parking off Eden Road, and there is
potential for parking at the Eden Prairie convenience center site and valet parking. Freiberg
stated it isn't too far of a walk across the street for parking. Nelson noted lack of close
parking could inconvenience customers enough to go elsewhere.
Lindahl stated there have been numerous meetings with Southwest Station retail owners,
Southwest Transit staff, and Evine Live about SWLRT construction and how to best
accommodate the businesses. The City has also been involved in workforce initiatives. The
Eden Prairie Chambers, in collaboration with the City and Eden Prairie School District, hosts
an Annual Career Expo at Eden Prairie High School. The City is also involved in the Career
and Technical Education (CTE)Advisory Committee and District Business Round Table.
City Council Workshop Minutes
June 18, 2019
Page 4
Additionally, the City hosts special events such as the Realtor's Forum, the Business Survey
Presentation and Reception, and meet and greets with local businesses.
Case noted in May he attended the Kauffman Mayors Conference on Entrepreneurship. The
Mayors each selected a focus for entrepreneurship. He selected addressing how to apply for
federal grants and to work with the Economic Development Administration(EDA) to benefit
entrepreneurship. He would like to see the City build its economic system environment so it
is conducive to entrepreneurship startups. He suggested a needs assessment could be
conducted by the City and Eden Prairie Chambers for entrepreneurs currently in the City and
those who would like to be. Once the need has been determined, various stakeholders could
review the problem and suggest solutions. The vacancy the School District would leave at the
City Center could provide an opportunity for an economic development center.
Open Podium - Council Chamber(6:30)
II. OPEN PODIUM
Steve Stuckel, 8908 Flesher Circle, stated the Community Drop-Off Day was a bad
experience. He spent a lot of time in long lines just to be turned away by 2 p.m. His
suggestions would be to consider solutions such as multiple days, longer hours, a larger
site, or more staff for the event.
Case stated Staff are reviewing options to make the experience better. Getschow added
last year and this year the amount of materials dropped off has increased, but Staff are
reviewing solutions.
III. ADJOURNMENT
ITEM NO. VI.B.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY,JUNE 18, 2019 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Mark
Freiberg, P G Narayanan, and Kathy Nelson
CITY STAFF: City Manager Rick Getschow, Public Works Director
Robert Ellis, City Planner Julie Klima, Parks and
Recreation Director Jay Lotthammer, City Attorney
Maggie Neuville, and Council Recorder Jan Curielli
I. CALL THE MEETING TO ORDER
Mayor Case 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. PROCLAMATION DEDICATING COMMUNITY CENTER AQUATICS
CENTER IN NAME OF FORMER MAYOR NANCY TYRA-LUKENS
Mayor Case read a proclamation proclaiming the Community Center Aquatics Center
to be dedicated in the name of former Mayor Nancy Tyra-Lukens. He presented the
proclamation to Mayor Tyra-Lukens. Mayor Tyra-Lukens thanked the City Council for
the dedication and commented on why the Aquatics Center was so important to her.
B. HERITAGE PRESERVATION AWARD
Steve Olson, Chair of the Heritage Preservation Commission(HPC), reviewed the
criteria for awarding the Heritage Preservation Award and noted this is the 5th year the
award has been given. He reported the recipient of the 2019 Heritage Preservation
Award is Kathie Case in recognition of her tireless volunteer work for heritage
preservation, the Eden Prairie museum, interpretative panels at the City's historic sites
and many other contributions to preserving Eden Prairie's history.
Mayor Case presented the award to Ms Case. Ms Case thanked the HPC, the Historical
Society and the City Council for the award.
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C. CITY GOVERNMENT ACADEMY GRADUATION
Getschow reported 23 Eden Prairie residents spent almost 20 hours each over six
Wednesday evenings to learn about Eden Prairie's City government. He noted this is
the second annual class graduating from the City Government Academy. He thanked
Southwest Transit for donating a bus to give the class members rides as they toured
parts of the City. He thanked Katie O'Connor for her hard work in planning and
organizing the class and attending all of the Wednesday evening sessions.
The Council Members presented certificates and Eden Prairie pins to the following
academy graduates: Michael Boyd; Dean Cowdery; Patricia Dunn; Mustafa Ergun;
Connie Hauswirth; Vamshi Jonnalagadda; Irene Keegan; Cheryl Kessler; Shawn Lewis;
Rose Tuiyott-Lewis; Debra Lind; Michelle McGrath; Jerry McKenzie; Bruce Schaepe;
Jessica Troy; and Robert Zwiefelhofer. The following individuals have completed the
academy but were unable to attend the meeting: Carlos Berger; Swati Kumar; Andrew
McGlasson; Aaron Rask; Kim Witthuhn; Gary Rodekuhr; and Laura Rodekuhr.
D. MISS MINNESOTA PROCLAMATION
Case said Eden Prairie has hosted the Miss Minnesota Pageant since 2007. He read a
proclamation proclaiming the week of June 16-22, 2019, as Miss Minnesota Week. He
noted City representatives were involved in the opening ceremony and will attend the
closing ceremony to be held this Saturday, June 22, at Eden Prairie Center.
E. TOUR DE TONKA
Jenny Bodurka, Coordinator with Minnetonka Community Education, gave a
PowerPoint presentation about the 2019 Tour De Tonka event to be held on August 3.
She reviewed the routes available for the participants and noted Riley Lake Park is one
of the rest stops on the event routes. Last year 235 of the event participants were from
Eden Prairie. She thanked the Eden Prairie Police and Fire Departments for their help
with the event.
Narayanan asked which city had the most participants in the event. Ms Bodurka replied
Minnetonka had the most.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Case added Items XIV.A.1, 2. and 3.
MOTION: Aho moved, seconded by Nelson, to approve the agenda as amended. Motion
carried 5-0.
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, MAY 21, 2019
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Page 3
B. CITY COUNCIL MEETING HELD TUESDAY, MAY 21, 2019
MOTION: Nelson moved, seconded by Narayanan, to approve the minutes of the City
Council workshop held Tuesday, May 21, 2019, and the minutes of the City Council
meetings held Tuesday, May 21, 2019, as published. Motion carried 5-0.
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. ADOPT RESOLUTION NO. 2019-65 APPROVING FINAL PLAT OF EDEN
BLUFF HIGHLANDS 5TH ADDITION
C. ADOPT RESOLUTION NO. 2019-66 APPROVING PARTICIPATION IN THE
PERFORMANCE MEASURE PROGRAM ESTABLISHED BY COUNCIL ON
LOCAL RESULTS AND INNOVATION
D. ADOPT RESOLUTION NO. 2019-67 DECLARING CITY'S INTENT TO
REIMBURSE ITSELF FOR PRIOR EXPENDITURES FROM PROCEEDS OF
A SUBSEQUENTLY ISSUED SERIES OF BONDS
E. AWARD CONTRACT TO MCPHILLIPS BROS ROOFING CO. FOR
COMMUNITY CENTER RINK#2 LOCKER ROOM ROOF REPLACEMENT
F. AWARD CONTRACT TO LOGIS TO REPLACE POLICE CORE AT CITY
HALL
G. APPROVE CONTRACT RENEWAL WITH ULTIMATE SOFTWARE GROUP,
INC. FOR HUMAN RESOURCES, RECRUITMENT AND ONBOARDING,
AND PAYROLL SERVICES
H. APPROVE AGREEMENT WITH AE2S FOR CONSTRUCTION
ENGINEERING SERVICES FOR GROUND STORAGE RESERVOIR AND
PUMP STATION
I. ADOPT RESOLUTION 2019-68 APPROVING SETTLEMENT AGREEMENT
WITH OWNERS OF PARCEL 36 FOR PURCHASE OF EASEMENT AND
RIGHT-OF-WAY
J. AWARD CONTRACT TO XL HYBRIDS TO CONVERT TWO NEW 2019
FORD F-250 PICKUP TRUCKS TO PLUG-IN ELECTRIC HYBRID
DRIVETRAINS
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Page 4
K. AWARD CONTRACT TO G.L. CONTRACTING,INC. FOR SPRING ROAD
PEDESTRIAN CROSSING
L. APPROVE SUBMITTAL OF ANNUAL REPORT TO MPCA FOR PHASE II
NPDES STORM WATER PERMIT PROGRAM
M. AWARD CONTRACT TO PARROTT CONTRACTING INC. FOR
HOMESTEAD CIRCLE STORM SEWER PROJECT
MOTION: Narayanan moved, seconded by Freiberg, to approve Items A-M on the
Consent Calendar. Motion carried 5-0.
IX. PUBLIC HEARINGS/MEETINGS
A. CASTLE RIDGE by Senior Housing Partners. Resolution 2019-69 for PUD concept
review on 19.75 acres; first reading of an ordinance for PUD district review with
waivers; Zoning District review on 19.75 acres and Zoning District change from C-
COM to RM-2.5 on 1.33 acres and from RM-2.5 to C-COM on 1.3 acres; Resolution
2019-73 for preliminary plat of 4 lots into 1 lot and 3 outlots on 19.7 acres.
(Ordinance for Zoning District Change; Resolution No. 2019-69 for PUD
Concept; Resolution No. 2019-73 for Preliminary Plat)
Getschow said the applicants are proposing to redevelop the Broadmoor Apartments and
Castle Ridge Care Center sites. The property is approximately 19.75 acres in size and is
located at the northwest corner of Flying Cloud Drive and Prairie Center Drive. The
property is zoned a combination of Community Commercial (C-Com) and RM-2.5. He
noted the site received City approvals for a master planned redevelopment project in
2008 that included senior housing, all age housing and commercial development. Due to
a variety of factors, the only part of that project completed was the CVS Drugstore on
Columbine Road. The updated design being brought forth tonight is similar to the
previous project. Presbyterian Homes will be coordinating the development on the site
in addition to developing the senior housing portion. The proponent is requesting to
move forward immediately with the senior housing portion of the project.
John Fletcher, Presbyterian Homes and Services, gave a PowerPoint presentation about
Presbyterian Home and Services and the redevelopment project plans. He said the
master-planned community will have third party partners and will include a 274-unit
senior living facility, apartments, and commercial space on the 19.75-acre site. He
reviewed the site plans for the project and explained it will be a three phase project:
Phase 1 will include site preparation and construction of the senior housing; Phase 2 will
be construction of the multifamily housing; and Phase 3 will include demolishing the
Castle Ridge Care Center and preparation and construction of the commercial area. He
reviewed the comments and recommendations given by the Planning Commission in
their review of the project, many of which were incorporated into the plans. He noted
5% of the senior housing units will be affordable at 30% of the area median income
(AMI). He stated they took exception to the staff recommendation regarding the 3/4-turn
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intersection and the Outlot C recommendation.
Neuville said she had a discussion with Presbyterian Homes' attorney in response to the
concerns expressed by the Planning Commission, and she believes there are some
potential solutions that could be worked out in the development agreement.
Bjorn Strommen, representing Timberland Partners, said the multifamily apartment
project will be a 246-unit apartment complex with one seven-story building and one
five-story building. He said they will return later this summer with the details of their
proposal.
Evan Jacobson, Tushie Montgomery Architects, gave a PowerPoint overview of the
project design for the multifamily apartment portion of the project. He noted they have
received comments regarding the quantity and quality of parking available for the
apartments. He said there is an area of wetland on the west side of the site on which they
cannot build. He reviewed the changes made based on comments from the Planning
Commission and others which included 30%more surface parking, moving the visitor
parking and providing more green space. He reviewed the elevations for the two-
building housing units and noted they tried to match some of the look of the senior
housing project.
Case asked staff how different the plan could be after the City Council approves the
concept. Getschow replied the approval tonight is for concept approval and allows the
proponent to put together the detailed plans to fit the Council's recommendations.
Narayanan stated Presbyterian Homes is a customer of his; therefore, he will recuse
himself from the discussion and vote on this project.
Drew Johnson, representing Oppidan Investment Company, said they will return in 90
days with a full submittal of their plans for the commercial and retail phase. They have
multiple pieces of the puzzle to fit together. They want to create a strategy for the
commercial development because this is a great regional trade area around the Eden
Prairie Mall. They plan to have a plaza centrally located and will have strong program
management after the project is completed. They want to have safe and interesting
connections within the site as well as to the surrounding trails and sidewalks. He gave a
PowerPoint presentation of the project and noted of the ten points included in the
resolution tonight there are four points that are problematic for them. One of the points
includes a requirement to limit the number of drive-throughs to two and to locate those
on the northern portion of the project area. That requirement would be in conflict with
some of the other design points for the project. They would like not to be limited in the
location and number of drive-throughs. They would prefer to use strategies to slow
down traffic rather than having continuous pedestrian connections throughout the area.
The suggestion that a medical office be included in the mix of uses would require a huge
parking lot and a very large building in the center of the property. They were also
concerned about the recommendations regarding traffic circulation and delivery areas to
allow for direct and intuitive routes to facilitate movement and safety. They would need
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Page 6
connections on the rear of the commercial building for service and employee entrances,
rather than providing access from the front of the building.
Case asked what kind of feedback is expected from the Council tonight. Getschow
replied the ten comments Mr. Johnson referred to came out of the Planning Commission
meeting and staff recommendations. Some of those are general concepts that would have
more granular answers in the future. He believed Mr. Johnson is concerned about the
northern portion of the project and the drive-throughs because market demand may
produce a demand for more drive-throughs. He noted there can be different types of
drive-throughs. He explained comments regarding a mix of uses were made because this
is a town center area, and there will be many new people moving in. He thought there
could be flexibility on the types and locations of drive-throughs.
Neuville explained the PUD concept and action taken by the Council tonight is not
binding to either the Council or the developer for a future proposal. This is a
presentation of feasibility and planning to move through to a further stage. There is a lot
of flexibility in the actions to be taken tonight.
Case thought this kind of granular decision making usually gets vetted out by staff, and
he didn't have a sense on the number and location of the drive-throughs. He trusted staff
to be able to figure that out. He believed this discussion is a little bit atypical.
Nelson commented we have learned that senior living spaces need to have some
connection to the rest of the community, which means there must be more pedestrian
access in this project for the senior building. She did not believe there should be any
drive-throughs coming in off Prairie Center Drive or Flying Cloud Drive because that is
a very busy corner. Mr. Johnson said they agree with that.
Nelson noted we are requesting things that will make this project unique and special, a
place where people want to come and spend money. She believed thinking out of the
box is important to make this site come up to its potential.
Aho said it is difficult for us to recommend two versus three drive-throughs. We need to
see what the overall plan is. We rely on staff to make good recommendations and work
with the developers to come up with a good plan. Staff will work with the developers,
and the Council will evaluate the plan on the merits of the design. He did not think it
was appropriate for the Council to come in at this point with specific recommendations
on things such as the number of drive-throughs.
Getschow said staff expected to get feedback on what was presented this evening
without having a detailed proposal.
Freiberg commented this is a very exciting project. He concurred with Council Member
Nelson that this project provides an opportunity to get back the feeling of a downtown
area. He thought City staff and the developers can work things out.
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Page 7
Case asked Mr. Getschow to review what the Council is being asked to approve.
Getschow replied the first action after the public hearing is to adopt a resolution for
PUD concept review on the 19.75 acres. The next items to be approved are related
specifically to the Presbyterian Homes senior living building.
Greg Brenny, representing Sun Life Assurance of Canada, said his company is the
owner of the Fountain Place shopping center. His company is generally supportive of
this project, but they do have some concerns. One of their concerns is their need to have
continued access to Prairie Center Drive and Columbine Road. The proposal to vacate
Castlemoor Drive means public access to that street will be lost to them. They need to
have continued truck access on Columbine in the southerly part of the development. In
addition, they want assurances no costs will be assessed to them by this development,
and they do not want any physical changes to their property to be made.
Case asked staff if there will be anything out of the ordinary that might affect the
Fountain Place shopping center. Ellis replied there will be no assessments to the
Fountain Place property. Access to Castlemoor is through an outlot, and that will be
discussed as part of the development agreement. They would still have access to
Columbine Road and Prairie Center Drive. He did not see any changes necessary to the
Fountain Place property as part of this development nor would there be issues with truck
deliveries.
Mr. Brenny asked if Castlemoor Drive could be kept as a public road. Ellis replied the
nature of Castlemoor is to dead end, and maintaining it as a public road would require
more right-of-way for a cul-de-sac or a round-about. Castlemoor Drive will be a
privately maintained road with cross access. Mr. Brenny stated his company is opposed
to making Castlemoor a private access road.
MOTION: Aho moved, seconded by Freiberg, to close the public hearing; to adopt
Resolution No. 2019-69 for a Planned Unit Development concept review on 19.75
acres; to approve 1st reading of the ordinance for Planned Unit Development district
review with waivers on 19.75 acres and a Zoning District change from C-Com to
RM-2.5 on 1.33 acres and RM-2.5 to C-Com on .13 acres; to adopt Resolution No.
2019-73 for preliminary plat of 4 lots into 1 lot and 3 outlots on 19.75 acres; and to
direct staff to prepare a development agreement incorporating staff and commission
recommendations and Council conditions.
Nelson noted the original plans for the project included an ambulance bay and asked if
these plans include one. Mr. Fletcher replied it does not. Nelson asked staff if we will
have a second ambulance bay somewhere else. Klima replied an ambulance bay has not
been part of this discussion because of the reduced nature and change to the size of this
plan. She noted staff can continue to look for a suitable location for the second
ambulance bay. Nelson expressed her concern because we have been waiting a long time
for a second one.
Nelson asked what size the apartments for independent living will be. Mr. Fletcher
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June 18, 2019
Page 8
replied they will be 800-1800 square feet. Nelson then asked what kind of benches are
around the project and if someone would be able to walk all around the development on
a trail or sidewalk. Mr. Fletcher responded there is a continuous loop around the senior
parcel with benches scattered around the site. Nelson asked if they will be able to add
more charging stations in the future and if the doors in the project are 36 inches wide
throughout the project. Mr. Fletcher relied there will be 36 inch doors throughout most
the project, and they will be able to add more charging stations if necessary.
Case asked if the cash park fees of$1,500,000 would be included. He noted we have
begun to look at having some subsidies for affordable housing, but there may be better
ways to get 19 affordable units other than forgoing cash park fees. He was concerned
our cash park fund is getting somewhat depleted, and$1,500,000 is a lot of money. He
was comfortable keeping the cash park fees and having 5% affordable units because our
Housing Task Force is working on additional ways to get more affordable units in the
City. Aho thought we will see continued demand for resources from our park system
given the amount of senior housing being developed in the City. Our park system will
have to change and develop to accommodate those residents. He thought the $1,500,000
in cash park fees will be necessary, and he would like to see that stay in the proposal.
Getschow said the Task Force discussion has seen many different projects with
affordable components. Staff would like to see more than the 5% affordable units,but
they do want the cash park fees. Mr. Fletcher said the entire site will generate about
$3,000,000 in cash park fees. There will be an impact from the project's 322 units with
higher utilization of the park system.
Nelson said she assumed there will be additional discussion of affordable units when the
apartment project comes back. Getschow replied that will be part of their presentation.
Freiberg thought the sooner we can get something like this to the Task Force, the better,
because we need their help in dealing with affordable housing options.
VOTE ON THE MOTION: Motion carried 4-0-1, with Narayanan abstaining.
B. FOUNTAIN PLACE by Cushman&Wakefield. First reading of an ordinance for
PUD District amendment on 12.43 acres (Ordinance for Zoning District
Amendment)
Getschow said this application is a proposal for exterior façade improvements to the
building and site improvements to the parking lot and landscaping on the site. The
proposed improvements are compliant with City Code, and no waivers are being
requested with this application. The proposed project meets the criteria as a minor
amendment. City Code allows minor amendments to be considered by the City
Council only, without referral by the Planning Commission.
Bill Wittrock, RSP Architects, gave a PowerPoint presentation about the façade
improvements planned for the Fountain Place property. He noted he was the original
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Page 9
design architect for Fountain Place in 2003. It was a very intense project and was
intentionally designed to have smaller parking spaces, more landscaping and sidewalk
connections. He stated the vacant space on the property needs to be subdivided to
accommodate future tenants. He reviewed the plans for the subdivision of the
property and the exterior improvements. He noted the materials used will meet City
requirements, and commented this provides an opportunity to connect the sidewalk
around the storefront and the small restaurant building to the adjoining trail system
They plan to add landscape islands to divide up the parking lanes.
Nelson commented she liked the way the new storefront looks and asked if the project
will impact the fountain at all. Mr. Wittrock replied it will not.
There were no comments from the audience.
MOTION: Narayanan moved, seconded by Nelson, to close the public hearing; to
approve the first reading of Planned Unit Development district review on 12.43 acres;
and to direct staff to prepare a development agreement incorporating staff
recommendations and Council conditions. Motion carried 5-0.
C. CITY YARD WASTE DROP OFF SITE by City of Eden Prairie. Resolution 2019-
70 for Site Plan Review on 13.84 acres (Resolution No. 2019-70)
Getschow noted a City yard waste drop off site has been in discussion at Council
meetings for quite some time. Ellis gave a PowerPoint presentation reviewing the
details for the proposed site which is located at the City's Maintenance and Outdoor
Storage facility across Flying Cloud Drive from the airport. The closest residence is
about 3/5 mile away from the site, and much of the site will be sheltered by the large
berm between the site and the residential area. The site will accept materials such as
leaves, wood chips and branches but will not accept grass clippings. The drop off site
will operate from the end of April through the end of November and will be open to
Eden Prairie residents and businesses,but not to commercial haulers. Access to the
site will be on the northern end of the property across from Elliott Aviation. Funding
for the site was included in the 2018 CIP. The design was begun in 2018, and
construction will begin in July, 2019, with an estimated completion in November,
2019.
Aho asked if the materials dropped off would be left on the site or moved somewhere
else. Ellis replied staff would contact with a hauler to do that. There is a budget of
about $60,000 for the operation of the site. Aho noted we would also need a staff
member to stay there, and asked if we would grind up some of the material into wood
chips that residents could haul away. Ellis replied we could look into that possibility.
Aho then asked if there would be a cost for residents to drop off yard waste. Ellis
replied they anticipate no charge for the service. He noted the facility would also
provide an opportunity for a recycling drop-off location that might alleviate the traffic
at the once-a-year Clean Up Day event.
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Narayanan asked if there would be any size limits for the materials dropped off or a
charge for materials such as wood chips. Ellis replied they weren't thinking about a
charge for hauling of wood chips. There are a lot of things to learn along the way.
The City of Plymouth has a similar facility that has been quite successful, and they
felt it was a relatively simple service. Aho noted the size would be limited somewhat
by the size of the resident's vehicle. Ellis replied there will be some judgment
decisions to be made regarding policy, and they will deal with cases that try to abuse
the system.
Nelson said in the past we have had occasions after a storm with strong winds where
people wanted a site like this and we could not provide the service. She was pleased
we will now have such a site.
There were no comments from the audience.
MOTION: Aho moved, seconded by Narayanan, to close the public hearing and to
adopt Resolution No. 2019-70 for a Site Plan Review on 13.84 acres. Motion carried
5-0.
D. CODE AMENDMENT FOR SOLAR by City of Eden Prairie. First reading of an
ordinance to amend City Code Chapter 11 relating to solar systems as a permitted
accessory use (Ordinance)
Getschow said staff is applying for a SolSmart Designation for the City as a part of
Sustainable Eden Prairie. One of the criteria for achieving a designation is to consider
zoning code revisions to address and allow for solar energy systems. The City Code
does not distinctly address solar energy systems; however, it is the City's practice to
regulate solar energy systems as accessory uses with the approval of a building
permit. The proposed amendment to Chapter 11 is intended to provide clarity that
solar energy systems are allowed uses and to provide language supporting the current
process to obtain a permit. We want to be very clear in our zoning code that we
support and allow solar systems in residential and business districts.
Nelson noted in the past she had asked staff to look into making a statement that solar
was allowed everywhere in the City. Various neighborhood groups have tried to limit
what could be done, so she was glad we are making this positive statement.
Freiberg asked about the effect of homeowner's association covenants regarding such
structures. Case asked if City code would preempt an association's rules. Klima
responded in the past when there has been a conflict between zoning code and
homeowners' association covenants, the homeowners' association does preempt the
City regulation.
Narayanan asked if a solar farm could be put any place on a house. Klima replied we
would not allow a solar farm because that is a stand-alone use. It could be installed as
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Page 11
a roof structure or as a free-standing structure following the height and set-back
restrictions for the property.
There were no comments from the audience.
MOTION: Freiberg moved, seconded by Nelson, to close the public hearing and to
approve the first reading of the ordinance to amend City Code Chapter 11 relating to
solar energy systems. Motion carried 5-0.
E. VACATION OF BEVERLY RIDGE DRAINAGE AND UTILITY
EASEMENTS (Resolution No. 2019-71)
Getschow said the property owners and the developer of the lot at 16540 Beverly Drive
have requested the vacation of all the drainage and utility easements to facilitate the
plat of Beverly Ridge for new home construction.
There were no comments from the audience.
MOTION: Narayanan moved, seconded by Freiberg to close the public hearing and
to adopt Resolution No. 2019-71 vacating drainage and utility easements. Motion
carried 5-0.
X. PAYMENT OF CLAIMS
MOTION: Freiberg moved, seconded by Nelson, to approve the payment of claims as
submitted. Motion was approved on a roll call vote,with Aho, Freiberg, Narayanan,
Nelson, and Case voting "aye."
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS,AND COMMUNICATIONS
XIII. APPOINTMENTS
A. STUDENTS ON COMMISSIONS
Getschow said 23 students applied to serve on City commissions this year, and we were
able to place all of them on a commission. He reported there will be an orientation for
the students in August, and they will join the commissions in September.
MOTION: Narayanan moved to appoint to the Conservation Commission—Abhiram
Nallamalli, Kiersten Orning, Mina Kim,Nile Timmerman, and Rohin Gurumurthy;
Aho moved to appoint to the Flying Cloud Airport Advisory Commission—Amogh
Kalyanam, Evelyn Hemler, Spencer Ellis, and Troy Johnson; Case moved to appoint
to the Heritage Preservation Commission—Aditya Nandhiyar, Ellyse Ferlauto, Lilly
Hyland, and Maia Chavez; Nelson moved to appoint to the Human Rights and
CITY COUNCIL MINUTES
June 18, 2019
Page 12
Diversity Commission—Caprice Steidle,Najma Ali,Nicole Mayer, Stavan Bhakta,
and Winifred Halm De-Souza; and Freiberg moved to appoint to the Parks,
Recreation, and Natural Resources Commission—Riley Marble, Shay Ginuga, Simon
Vergara, Tanay Salunke, and Zachary Spears. All seconded by Nelson. Motion
carried 5-0.
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
1. Residents Concerns Regarding Yard Waste Site—Mayor Case
Case said he wanted to make sure staff had made note of the concerns expressed
by residents regarding the proposed yard waste site.
2. Abandoned and Poorly Maintained Houses—Mayor Case
Case expressed concern about the number of abandoned houses and houses that
are in need of a lot of maintenance around the City. He noted we have the
ability to do something about those situations with our ordinances. He asked
staff to come back with a report and an update on the worst houses. He believed
such houses bring down the value of other homes in the neighborhood.
3. Landscaping at Staring Lake Amphitheater—Mayor Case
Case commended staff for the great job during the recent event at the Staring
Lake Amphitheater. While he was at the event, he and others noted the view of
Staring Lake from the amphitheater seats has been blocked as trees have grown
bigger. He asked if staff could perhaps cut down or trim some of the trees to
improve the opportunities to view the lake.
Lotthammer replied staff did trim some of the trees a few years ago. He thought
we need to look for ash trees or other species that could be cut down so that we
could open up the view shed for the amphitheater as well as for the new Staring
Lake Park building.
B. REPORT OF CITY MANAGER
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
1. Limited-Use Permit for Municipal Entry Monument Sign on Highway 5
East on Dell Road (Resolution No. 2019-72)
CITY COUNCIL MINUTES
June 18, 2019
Page 13
Ellis said the City must enter into a Limited Use Permit(LUP) for construction,
operation, and maintenance of municipal entry monument signs in Minnesota State
Right of Way(ROW). Adopting this resolution is the first step in developing this
LUP document. This LUP resolution is for the proposed sign located in the
highway ROW on the south side of Highway 5 and east of Dell Road. He gave a
PowerPoint presentation about the City's entry monument signs with a map
showing the locations of two existing signs,the location for the sign at Highway 5
and Dell Road, and the proposed locations for three future monument signs.
Case noted 20 years ago the Council started talking about developing a sense of
place and branding for Eden Prairie. He has a feeling of pride when he sees the lit-
up sign on Hwy 494 at night.
Aho said it was great to see this coming to fruition. There have been mostly
positive comments about the signs.
MOTION: Aho moved, seconded by Freiberg, to adopt Resolution No. 2019-
72 requesting a Limited Use Permit for the municipal entry monument sign on
Highway 5 east of Dell Road. Motion carried 5-0.
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
MOTION: Narayanan moved, seconded by Freiberg, to adjourn the meeting. Motion carried
5-0. Mayor Case adjourned the meeting at 9:37 p.m.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar July 16, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Christy Weigel, Clerk's License Application List VIII.A.
Police/ Support Unit
These licenses have been approved by the department heads responsible for the licensed activity.
Requested Action
Motion: Approve the licenses listed below
Temporary Liquor
Organization: Church of Pax Christi
Event: Wedding Reception
Date: August 9, 2019
Place: Pax Christi Social Hall
12100 Pioneer Trail
Organization: Eden Prairie Community Foundation
Event: Prairie Brewfest(Beer& Wine Tasting)
Date: September 7, 2019
Place: Purgatory Creek Park
13001 Technology Drive
(Inclement weather location: SouthWest Station parking ramp, 13500 Technology Drive)
Organization: City of Eden Prairie/EP Liquor
Event: Wine &Beer Tasting
Date: October 17, 2019
Place: Garden Room
8080 Mitchell Road
Organization: City of Eden Prairie/EP Liquor
Event: Wine &Beer Tasting
Date: December 19, 2019
Place: Garden Room
8080 Mitchell Road
Amendment to Liquor License
2AM Closing Permit- Renewal
Licensee Name: American Multi-Cinema, Inc
DBA: AMC Theatres Eden Prairie 18
8251 Flying Cloud Drive, #4000
- 1 -
CITY COUNCIL AGENDA DATE:
SECTION: Consent 7/16/19
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Community Development/Planning Fountain Place Retail VIII.B.
Janet Jeremiah/Julie Klima
Requested Action
Move to:
• Adopt a Resolution for a Site Plan on 12.438 acres;
• Approve the 2nd reading of the Ordinance for Planned Unit Development District Amendment
on 12.43 acres; and
• Approve the Development Agreement for Fountain Place Retail.
Synopsis
This is the final approval of the development agreement and plans for Fountain Place Retail. The
property is located at 12595 Castlemoor Drive.
Background
On June 13, 2019, the City Council approved the 1st reading of the Ordinance for the PUD for Fountain
Place Retail and directed staff to prepare a Development Agreement. The proposed project includes
façade and parking lot improvements.
The 120-Day review period expires on September 25, 2019.
Attachments
1. Ordinance—PUD District Amendment
2. Ordinance Summary
3. Resolution—Site Plan
4. Development Agreement
FOUNTAIN PLACE RETAIL
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 14-2019-PUD-8-2019
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,AMENDING THE
PUD OF CERTAIN LAND WITHIN THE COMMERCIAL REGIONAL SERVICE
ZONING 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 property legally described in Exhibit A is included in PUD 11-2004-
C-Reg-Ser approved by the City on July 20, 2004.
Section 3. That action was duly initiated proposing that PUD 11-2004-C-Reg-Ser be
amended by adoption of 14-2019-PUD-8-2019 C-REG-SER(hereinafter"PUD-8-2019-C-REG-
SER").
Section 4. The City Council hereby makes the following findings:
A. PUD-8-2019-C-REG-SER is not in conflict with the goals of the Comprehensive
Guide Plan of the City.
B. PUD-8-2019-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-8-2019-C-REG-SER are justified by the design of the
development described therein.
D. PUD-8-2019-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 5. The land shall be subject to the terms and conditions of that certain First
Amendment to Development Agreement between the City and Sun Life Assurance Company of
Canada dated as of July 16, 2019 (the "First Amendment"). The First Amendment contains the
terms and conditions of PUD-8-2019-C-REG-SER and are hereby made a part hereof.
Section 6. The proposal is hereby adopted and the land within PUD 11-2004-C-Reg-
Ser shall be, and hereby is amended and shall be included hereafter in the Planned Unit
Development 8-2019-C-REG-SER.
Section 7. 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 8. This Ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
18th day of June, 2019, 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 16th day of July,
2019.
ATTEST:
Kathleen Porta, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Eden Prairie News on , 2019.
EXHIBIT A
PUD Legal Description
Lot 1, Block 1, Fountain Place
FOUNTAIN PLACE RETAIL
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF
ORDINANCE NO. 14-2019-PUD-8-2019
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
12595 Castlemoor Drive within the C-REG-SER 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 Ronald A. Case, Mayor
PUBLISHED in the Eden Prairie News on , 2019.
(A full copy of the text of this Ordinance is available from City Clerk.)
EXHIBIT A
Lot 1, Block 1, Fountain Place, Hennepin County
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2019-
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR FOUNTAIN PLACE RETAIL
BY CUSHMAN &WAKEFIELD
WHEREAS, Cushman&Wakefield has applied for Site Plan approval of Fountain Place
Retail to construct façade and parking lot improvements, by an Ordinance approved by the City
Council on July 16, 2019; and
WHEREAS, the City Council has reviewed said application at a public hearing at its
June 18, 2019 meeting.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF EDEN PRAIRIE,that site plan approval is granted to Cushman&
Wakefield based on the First Amendment to Development Agreement between Sun Life
Assurance Company and the City of Eden Prairie, reviewed and approved by the City Council on
July 16, 2019.
ADOPTED by the City Council of the City of Eden Prairie this 16th day of July, 2019.
Ronald A. Case, Mayor
ATTEST:
Kathleen Porta, City Clerk
FOUNTAIN PLACE RETAIL
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
This First Amendment to Development Agreement ("First Amendment"), is made and
entered into as of this 16th day of July, 2019, between Sun Life Assurance Company of Canada, a
Canadian corporation, hereinafter referred to as "Developer," its successors and assigns, and the
CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City";
RECITALS
A. NAP Fountain Place,LLC,an Ohio limited liability company("Original Developer")
and City are parties to that certain Development Agreement entered into on July 20,2004,filed with
the Hennepin County Recorder's Office on August 26,2004 as Document No. 8425847 and with the
Hennepin County Registrar of Titles August 30,2004 as Document No.4010172(the"Development
Agreement"), in which Original Developer applied for, and the City approved, certain land use
changes and approvals for the real property legally described in Exhibit A to that Development
Agreement(the"Property").
B. Developer is the successor-in-interest to the Original Developer of the Property.
C. Subsequent to development of the Property, the Developer applied to the City for
Planned Unit Development Review on 12.43 acres for certain land use approvals to subdivide tenant
space, create additional storefronts, and construct site improvements (the "Application") on that
portion of the Property legally described on Exhibit A-1 to this First Amendment("Lot 1,Block 1").
The proposed improvements are as depicted in the plans listed on Exhibit B-1 to this First
Amendment.
D. In consideration of Ordinance PUD 8-2019-C-REG-SER the City Council conducted
a public hearing and reviewed the plans at its meeting on June 18,2019. These plans affect,warrant,
and require amendment of the Development Agreement as to Lot 1, Block 1.
E. Capitalized terms not defined in this First Amendment shall have the meanings
assigned to them in the Development Agreement.
AGREEMENT
NOW,THEREFORE,for good and valuable consideration,the receipt and legal sufficiency
of which the parties acknowledge, Developer and City agree as follows:
1. Developer shall develop Lot 1, Block 1 in conformance with the materials with a prepared
date of May 6, 2019 and stamp dated June 7, 2019, reviewed and approved by the City
Council on July 16, 2019 and identified on Exhibit B-1 to this First Amendment, subject to
5
such changes and modifications as described herein.
2. Prior to the issuance of a building permit for Lot 1,Block 1,Developer shall comply with the
following conditions of approval:
A. Obtain and provide documentation of Watershed District approval.
B. Provide an executed landscape agreement and final landscape plan for Lot 1,
Block 1 including all landscape materials as depicted on the Exhibit B-1 Plans.
Developer shall also submit to the City Planner and receive the City Planner's written
approval of a security in the form of a cash escrow or letter of credit equal to 150% of the
cost of said improvements including all proposed trees, shrubs, perennials, and grasses as
depicted on the landscape and tree replacement plan included on the Exhibit B-1 Plans.
3. Developer shall pay upon demand to the City all costs incurred by the City in conjunction
with the Application. These costs include internal City administrative, planning and,
engineering costs and consulting costs, including but not limited to legal, engineering,
planning and financial, in review, investigation, administering and processing the
Application and implementation of the approvals granted by the City.
4. Except as amended hereby, all other terms and conditions of the Development Agreement
remain in full force and effect.
5. Developer agrees to and reaffirms all of the terms and conditions and accepts the obligations
of"Developer"under the Development Agreement,except as inconsistent with or amended
by this First Amendment.
6. Within 10 days of the approval of this First Amendment, Developer shall record the First
Amendment with the Hennepin County Recorder and Registrar of Titles.
5
IN WITNESS WHEREOF,the parties to this First Amendment to Development Agreement
have caused these presents to be executed as of the day and year aforesaid.
DEVELOPER: Sun Life Assurance Company of Canada
a Canadian corporation
BY:
Its
STATE OF )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,2019,
by , the of Sun Life Assurance Company of
Canada, a Canadian corporation, on behalf of the corporation.
Notary Public
5
CITY: CITY OF EDEN PRAIRIE
By
Ronald A. Case
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 ,2019,
by Ronald A. Case 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
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, WI 55344
5
EXHIBIT A-1
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
FOUNTAIN PLACE RETAIL
LEGAL DESCRIPTION OF THE PROPERTY
Lot 1, Block 1, Fountain Place, except that part of said lot embraced within the plat of Castle
Ridge.
Abstract property and Torrens property—Certificate of Title No. 1350459
5
EXHIBIT B-1
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
FOUNTAIN PLACE RETAIL
PLANS
1. Project Narrative stamp dated received June 7, 2019 by City of Eden Prairie Planning Dept.
2. Architectural Site Plan dated May 6, 2019 by RSP
3. Floor Plan dated May 6, 2019 by RSP
4. Building Elevation Views dated May 6, 2019 by RSP
5. Interim and Proposed Partial Elevations dated May 6, 2019 by RSP
6. West Elevation and North Partial Elevation dated May 6, 2019 by RSP
7. Existing Photos dated May 6. 2019 by RSP
8. Cover Sheet dated July 3, 2019 by Westwood
9. Existing Conditions dated July 3, 2019 by Westwood
10. Site Plan dated July 3, 2019 by Westwood
11. Grading and Utility Plan dated July 3, 2019 by Westwood
12. Landscape Plan dated July 3, 2019 by Westwood
6
CITY COUNCIL AGENDA DATE:
SECTION: Consent 07/16/2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Community Development/Planning Code Amendments in Chapter 11 relating VIII.C.
Janet Jeremiah/Beth Novak-Krebs to Solar Energy Systems
Requested Action
Move to:
• Approve the second reading of the Ordinance to Amend City Code Chapter 11
relating allowing solar energy systems as an accessory use in all zoning districts.
• Adopt Resolution approving the Summary of Ordinance and Ordering the publication of said
summary.
Synopsis
This is the second reading of the Ordinance to Amend City Code Chapter 11 relating to allowing
solar energy systems as an accessory use in all zoning districts.
Attachments
1. Ordinance
2. Resolution for Summary Ordinance
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. -2019
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING
CITY CODE CHAPTER 11, SECTIONS 11.02 AND 11.03 AND RELATING TO THE
INSTALLATION OF SOLAR ENERGY SYSTEMS AND ADOPTING BY REFERENCE
CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS
CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS:
Section 1. City Code Chapter 11, Section 11.02 Definitions is hereby amended by inserting the
following new definitions in alphabetic order in the section and renumbering definitions as
appropriate:
1. "Active Solar Energy System" is a system whose primary purpose is to harvest energy by
transforming solar energy into another form of energy, or transferring heat from a
collector, to another medium using mechanical, electrical, or chemical means.
2. "Ground Mounted Solar Energy System" is a freestanding active solar energy system
mounted directly to the ground using a rack or pole.
3. "Roof Mounted Solar System" is an active solar energy system located on the roof of a
building, back side of a parapet wall, or stage loft.
4. "Wall Mounted Solar System" is an active solar energy system located on the wall of a
building.
Section 2. Section 11.03, Subd. 3, Special Requirements is amended by adding the following:
O. Active Solar Energy Systems as Accessory Uses
(a) Roof Mounted Systems and Wall Mounted Systems attached to a principal
structure shall comply with all requirements relating to principal structures.
(b) Ground Mounted Systems shall comply with all standards relating to accessory
structures.
Section 3. 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 4. This ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 18th
day of June, 2019, and finally read and adopted and ordered published at a regular meeting of the
City Council of said City on the 16th day of July, 2019.
Kathleen Porta, City Clerk Ronald A. Case, Mayor
Published in the Eden Prairie News on the day of , 2019.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2019-
A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE NO. 2019 AND ORDERING THE
PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. _-2019 was adopted and ordered published at a regular
meeting of the City Council of the City of Eden Prairie held on the 16th day of July, 2019.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND
ORDERS AS FOLLOWS:
A. Ordinance No. _-2019 is lengthy and contains charts.
B. The text of summary of Ordinance No. _-2019, attached hereto as Exhibit A,
conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the
title and summary of the Ordinance will clearly inform the public of the intent and
effect of the Ordinance.
C. The title and summary shall be published once in the Eden Prairie News in a body
type no smaller than brevier or eight-point type.
D. A printed copy of the Ordinance shall be made available for inspection by any
person, during regular office hours, at the office of the City Clerk, and a copy of
the entire text of the Ordinance shall be posted in the City offices.
E. Ordinance _-2019 shall be recorded in the Ordinance Book, along with proof of
publication, within twenty(20) days after said publication.
ADOPTED by the City Council on July 16, 2019.
Ronald A. Case, Mayor
ATTEST:
Kathleen Porta, City Clerk
EXHIBIT A
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE -2019
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CITY CODE CHAPTER 11, SECTIONS 11.02 AND 11.03 RELATING TO SOLAR
ENERGY SYSTEMS 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 amends City Code Chapter 11, Section 11.02 Definitions by inserting
new definitions for Active Solar Energy System, Ground Mounted Solar System, Roof Mounted
Solar System, and Wall Mounted System in alphabetic order in the section and renumbering
definitions as appropriate. Section 11.03, Subd. 3, Special Requirements is amended to allow
Active Solar Energy Systems as accessory uses in all zoning districts. Roof and Ground Mounted
Systems attached to a principal structure shall comply with all requirements relating to principal
structures and Ground Mounted Systems shall comply with all standards relating to accessory
structures.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
Kathleen Porta, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Eden Prairie News on , 2019.
(A full copy of the text of this Ordinance is available from City Clerk.)
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar July 16, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: 11-5801 IEM NO.:
Carter Schulze Encroachment Agreement at Southwest Light Rail VIII.D.
Public Works/Engineering Transit Southwest Station with Metropolitan
Council
Requested Action
Move to: Approve Encroachment Agreement at Southwest Light Rail Transit Southwest Station
with Metropolitan Council.
Synopsis
The Metropolitan Council owns the property where the Southwest Light Rail Southwest Station
will be constructed. A portion of the property owned by the Metropolitan Council is encumbered
by a drainage and utility easement benefitting the City. This encroachment agreement will allow
the station improvements to be built within the drainage and utility easement.
Attachment
Encroachment Agreement
Sent Via US - Mail
June 5 , 2019
Mr . Robert Ellis
Public Works Director
City of Eden Prairie
8080 Mitchell Rd
Eden Prairie MN 55344
Re : Encroachment Agreement — City of Eden Prairie
Metropolitan Council Contract # 19I045
Contract Transmittal
Dear Mr . Ellis :
Attached , please find two copies of the Encroachment Agreement with the City of Eden Prairie .
Please obtain the necessary signatures on both copies and return them to :
Jake Anderson
Metropolitan Council
390 Robert St . N .
St . Paul MN 55101
Upon receipt of the two signed copies , the Metropolitan Council will execute the contract and
return one original to you .
If you have any questions , please contact Mr . Anderson at Jacob . Anderson metc . state . mn . us .
Sincerely ,
c4e.7 ?t
gc,,b.
Jody Jac , -" PPO
Director , Procurement Department
JLJ /jma
Enclosures - 2
cc : Kelly McKeon , Project Manager
Or
390 Robert Street North I Saint Paul , MN 55101 - 1805
P. 651 . 602 . 1000 I fly. 651 . 291 . 0904 I metrocouncil . org METROPOLITAN
An Equal Opportunity Employer COUNCIL
MC Contract # 19I045
ENCROACHMENT AGREEMENT
This Encroachment Agreement ("Agreement") is made this day of , 2019 ,
between the CITY OF EDEN PRAIRIE , Minnesota, a municipal corporation (the " City") , and the
METROPOLITAN COUNCIL , a public corporation and political subdivision of the State of Minnesota
("Owner") .
RECITALS
A . Owner is the fee owner of property located in the City of Eden Prairie , Minnesota ,
legally described on the attached Exhibit A (the " Owner ' s Property") .
B . A portion of Owner ' s Property (the "Easement Area") is encumbered by a drainage
and utility easement (the "Easement") benefitting the City and burdening Owner ' s Property .
C . Owner desires to construct certain improvements on Owner ' s Property, including
but not limited to those improvements (the " Improvements ") identified on the Site Plan attached
as Exhibit B (the " Site Plan") .
D . The Improvements will be located within the Easement Area and encroach on the
Easement (the " Encroachment") .
E . The City is willing to permit the Encroachment, subject to the terms and conditions
of this Agreement.
AGREEMENT
In consideration of the foregoing and the mutual covenants in this Agreement, the parties agree as
follows :
1 . The recitals set forth above are incorporated into this Agreement by this reference .
2 . Owner acknowledges that Improvements constructed within the Easement Area
will encroach on the Easement. Owner agrees that the Improvements to be constructed within the
Easement Area shall be located as depicted in the Site Plan .
3 . The City grants Owner the right , and Owner assumes the responsibility , to construct
Improvements within the Easement Area in accordance with all applicable laws and regulations .
4 . Owner shall be solely responsible for repair and maintenance of the Improvements ,
at Owner ' s expense , as may be reasonably necessary to maintain the Improvements in good
condition and repair . Owner ' s responsibility for repair and maintenance of the Improvements may
be addressed in a subsequent operations and maintenance agreement provided that in no event
shall the City be responsible for repair and maintenance of the Improvements .
1
MC Contract # 19I045
5 . This Agreement does not preclude the City from using the Easement Area for its
intended purposes , including but not limited to repair, maintenance , and reconstruction of City
improvements within the Easement Area . None of the Improvements constructed by Owner
prevent or interfere with the City ' s use of the Easement Area for its intended purposes .
6 . Owner shall require its contractor to indemnify, defend and hold the City and its
employees , contractors , agents , representatives , elected and appointed officials harmless from any
and all claims , damages , losses , costs and expenses , including reasonable attorneys ' fees , arising
from , based on , or related to the negligence of contractor.
7 . The Owner and City agree that they will be responsible for their own acts and the
results thereof to the extent authorized by law and shall not be responsible for the acts of the other
and the results thereof. The Owner ' s and City ' s liability is governed by the provisions of
Minnesota Statutes , Chapter 466 .
8 . Owner acknowledges that the City has made no representations or warranties
regarding the condition of the Easement Area or its suitability for the uses permitted by this
Agreement .
9 . This Agreement does not create any partnership , joint venture, agency or
employment relationship between the parties , or render any party liable for any of the debts or
obligations of any other party .
10 . Either party ' s failure to enforce any provision of this Agreement against the other
party shall not be construed as a waiver of such provision , nor a waiver of any other provision of
this Agreement and shall not excuse the other party from future performance of that provision or
any other provision .
11 . This Agreement shall run with the land and bind and inure to the benefit of the
parties and their respective heirs , successors and assigns .
12 . This Agreement contains all of the terms and conditions relating to the
Encroachment and replaces any oral agreements or other negotiations between the parties . No
modifications of this Agreement shall be valid until they have been placed in writing and signed
by all parties to this Agreement .
13 . Owner shall cause this Agreement to be filed for record with the Hennepin County
Recorder ' s Office within thirty (30) days of its execution by Owner and the City . Evidence of
filing shall be provided to the City within thirty ( 30) days thereafter.
[ signatures on the following pages]
2
MC Contract # 19I045
CITY ' S SIGNATURE PAGE TO ENCROACHMENT AGREEMENT
CITY OF EDEN PRAIRIE
By
Ronald A . Case
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 ,
2018 , by Ronald A . Case 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
3
MC Contract # 19I045
OWNER ' S SIGNATURE PAGE TO ENCROACHMENT AGREEMENT
METROPOLITAN COUNCIL
By :
Title : Regional Administrator
STATE OF MINNESOTA )
) ss .
COUNTY OF RAMSEY )
I , the undersigned , a Notary Public in and for Ramsey County, Minnesota, do hereby certify that
, the Regional Administrator of the Metropolitan Council , a public body
appeared before me this day in person and acknowledged that he signed and delivered said instrument on
behalf of said public body .
Given under my hand and official seal this day of , 201 .
Notary Public
4
EXHIBIT A
OWNER ' S PROPERTY
SOUTHWEST STATION 4TH ADDITION R.T. DOC. NO.
C . R. DOC. NO
KNOW ALL PERSONS BY THESE PRESENTS: That Southweut Transt, a joint poworu entity created by the cllloa of Chanhassen, I horoby certify That I surveyed and pluttud or directly suporvlaod the survuying raid platting of thu land doscrlbud on this plait this
Chaska, and Eden Prairie too owner oI the following described proporty situated In Inc County of Honnopin, Slate of Minnesota to plot la a correct roprosontatlon of the boundary purvey: all malhomatic data and labels aro correct,/ dosignatod; ail monurnonts
wit: depicted on the plat have boon or will be correctly not within one your, all water boundaries and wet [undo us of Into date are shown
and labeled: and all public ways aro Shown and labeled.
Lot 5, Block 1 , SOUTHWEST STATION 2ND ADDITION
Dated this day of , 20
The Tcrranr portion being:
That part of Lot 5, Block 1 . Southwoal Station 2nd Addition, embraced within the WEST one-half of Iho Nonhuont Quarter or
Section 15, Township 116, Range 22, Honnopin County, Minnesota, Stephan Robert. Licensed Land Survoyor
Minnesota Llconso No. 42642
AND THAT:
Metropolitan Council. a public corporation and political subdivision under thu laws of Mlnnosom foe owner of tho following deathbed STATE OF MINNESOTA
property aituatod in tho County of Honnopin, State of Minnesota to wit: COUNTY OF
Lot 4. Block 1, SOUTHWEST STATION 2ND ADDITION Thu foregoing Surveyors CartifIcato was acknowiodgod before mo this day of
(Abstract Property) 20 , by Stephene Robert.
Have cauaod tho uamo to bo aurvoyod and platted as SOUTHWEST STATION 4TH ADDITION and do hereby ded Cato to Inc
Public for public uau forever the euuanonta for drainage and utility purposes au uhown on Ihb plat. Print
In witness whereof sold SoulhWoat Transit, a joint poworu entity croated by the cities of Chanhassen, Chaska, and Eden Prairie turn
caused Moto presents to bu nlgnod by Its proper offlcor this day of 20
Signature
SOUTHWEST TRANSIT
Notary Public
By , lte My Commiaalon Exptras
By: itr, EDEN PRAIRIE, MINNESOTA
This plot 01 SOUTHWEST STATION 4TH ADDITION was approved and accepted by tho City Council of the City of Edon Prairie,
STATE OF MINNESOTA Mlnnouolu, al a regular mooting thereat hold thin_ day of . 20 and Is in compliance with
COUNTY OF the provisions of Minnesota Statutes, Sodlon 505.03. Subd. 2.
Tho foregoing Instrument wan acknowledged before mo thin day of , 20 CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA
by Ito and by
Its of SouthWost Tronart ,o joint powers entity creatod by the dtios of Chanhassen, Chaska, and Eden By: , Mayor
Prairie on behalf o1 the entity.
By: . City Manager
Print RESIDENT AND REAL ESTATE SERVICES, Honnopin County, Minnesota
I horoby certify that tacos payable in 20 and prior yuors have boon paid for land dooalbod on thin plat, dated
Signature this day of 20
Notary Public County, Minnesota
Mark V. Chapin, County Auditor by: Deputy
My Commission Exphos
SURVEY DIVISION, Honnopin County, Minnesota
1 In witnoas whereof said Motropolltan Council, a public corporation and political nubdivision under the laws of Minnesota. Hair caused
Moue prouentu to be tignod by flu proper officer It day of , 20 Purmuunl to MN STAT. Sec_ 3838.565 (11360), hits plat hum twan approved thlu Ilib day of ,
20
METROPOLITAN COUNCIL
By: Its Regional Administrator Chris F. Mavis, County Survuyw by:
Was Koolslro
REGISTRAR OF TITLES, Honnopin County, Minnesota
STATE OF MINNESOTA
COUNTY OF I hereby certl fy Uat within plat of SOUTHWEST STATION 4TH ADDITION watt flied this day of
20 at _ o'clock
Thu foregoing Inutrurnunt wuu acknowledged bolwu ma this day of . 20
by Woa Koolstra, Ile Regional Adminlatrntor of Metropolitan Council, a public corporation and political nubdlvlslon under tho lawn of
Minnesota on behalf of the corporation. Martin McCormick, Raglstrar of Titles by: Deputy
COUNTY RECORDER, Hennepin County, Minnesota
I hereby codify that within plot of SOUTHWEST STATION 4TH ADDITION was Wed thin day of
Notary Public 20 , nl o'clock _ .M.
My Commission Endear.
Martin McCormick. County Recorder by: Deputy
aRANI
engineering
SHEET • OF 2 SHUTS
SOUTHWEST STATION 4TH ADDITION R.T. DOC. NO
C.R. DOC. NO
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• Denotes monument found
0 40 50
O Donotos)t Inch x 14 loth iron pipe sat and marked with
Minnow's License No. 42642 DCALE IN FEET
For the purpose of thin survoy the oast lino of Lot 5.
Block 1, SOUTHWEST STATION 2ND ADDITION to
assumed to boor SOD-14.04•W
RANI
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SHEET 2 OF 2 SHEETS
EXHIBIT B
SITE PLAN DEPICTING IMPROVEMENTS AND EASEMENT AREA
#5540018
]EXHIBIT B
BUS TURNAROUND . . `? \ "
INDOOR TRACTION POWER SUBSTATION (TPSS-SW-301 ) • P.
AND LAYOVER L Li
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f , IN
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AERIAL PHOTO FR \ //,fr
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I
SOUTHWEST STATION 4TH ADDITION
R.T. DOC. NO .
C . R. DOC . NO
KNOW ALL PERSONS BY THESE PRESENTS: That SouthWoot Transit, a Joint poworo ontlty created by tho duos of Chanhassen, I hereby certify that I surveyed and plultud or directly cupurvlsod the survoying and platting of tho kind described on Ihls plat: this
Chaska, and Eden Prairie too owner of the following doscdbod propony Diluatod In the County of Hennepin, State of Minnusota to plat is a correct ropr000ntatIon of tho boundary ourvoy: all mathematic data and labels aro correctly dealgrwtod; all monuments
wit: depiclod an the plat have boon or will be correctly out within ono your oil water boundaries and wet tondo US of Ihiu auto aro shown
and labeled: and all public ways aro shown and labeled.
Lot 5. Block 1, SOUTHWEST STATION 2ND ADDITION
Dated this day of 20
Tho Torrent. portion being:
That part of Lot 5, Block 1 , Southwosl Station 2nd Addition, ombracod within Iho WEST ono-roll of the Norlhooat Quarter of
Section 15, Township 118, Rango 22, Honnopin County, Minnesota. Stephan() Robert. Licensed Land Surveyor
Minna:ota Lkonso No. 42842
AND THAT:
Metropolitan Council, a public corporullon and political subdivision under Iho laws of Minnusatu lee owner of the following described STATE OF MINNESOTA
property situated in the County of Honnopin. State of Minnesota to wit: COUNTY OF
Lot 4. Block 1, SOUTHWEST STATION 2ND ADDITION The forogoing Surveyor's Certificate was acknowledged before mo this day of
(Abstract Property) 20 by Stuphone Roburl
Have calmed the came to be surveyed and platted as SOUTHWEST STATION 4TH ADDITION and do hereby dodicato to the
public for public sue forever the uuuononer for drolnugo and utility purpouou au uhown on This plat. Print
In wltnars whereof said SouthWort Transit. a Joint powers entity created by the Woo of Chanhassen, Chaska, and Eden Prairie hes
caused those prusents lobo signed by its proper officer this day of , 20
Signature
SOUTHWEST TRANSIT
Notary Public
By , Its My Commiaalon Expkoa
By: It& EDEN PRAIRIE. MINNESOTA
This plat of SOUTHWEST STATION 4TH ADDITION was approved and accepted by the City Council of the City of Edon Prairie.
STATE OF MINNESOTA Mlnnuuolu. at a regular mooting thereof nuid lhiu_day of . 20 , and Is in compliance with
COUNTY OF Inc provisions of Minnoaow Statute's, Section 505.03, Subd. 2.
Tha foregoing instrument watt acknowledged before ma thin any al • 20 CITY COUNCIL OF EDEN PRAIRIE. MINNESOTA
by . Its and by
its of SouthWoat Transit ,a Joint poworo ontfty created by the cities of Chanhassen, Chaska, and Eden By: . Mayor
Prairie on bohaif of the entity.
By: . Chy Manager
Print RESIDENT AND REAL ESTATE SERVICES, Honnopin County, Mlnnosota
I hereby certify that taxon payable In 20 and prior yuors have boon paid for land described on this plat, dated
Signaturo this day of , 20
Notary Public County, Minnesota
Mark V. Chapin, County Auditor by: Doputy
My Commisalon Explroa
SURVEY DIVISION, Hennepin County, Minnooaw
In wllnosa whereof said Metropolitan Council, a public corporation and political subdivlslon under the laws of Minnesota. Has caused
Memo presents to bo signed by its proper officer this day of , 20 Pursuant to MN STAT. Soc. 3838.585 (1969), this plat has been approved this this _ day of
20
METROPOLITAN COUNCIL
By: . Its Regional Administrator Chris F, Mavis, County Surveyor by:
Was Koolstro
REGISTRAR OF TITLES, Honnopin County, Mlnn000ta
STATE OF MINNESOTA
COUNTY OF I hereby certify owl within plot of SOUTHWEST STATION 4TH ADDITION wuu Iliad Ihiu day of
20 , at _ o'clock _ .m.
Tho lorogoing inatrurnont was ucknowledgod before ma this day of , 20
by Won KooLlra, Its Regional Administrator of Metropolitan Council, a public corporation and political subdivision under the laws of
Minnesota on baholf of tho corporation. Mahn McCormick, Registrar of Titles by: Doputy
COUNTY RECORDER, Honnopin County, Minnesota
I noraby sonny that within plat of SOUTHWEST STATION 4TH ADDITION was Nod this day of
Notary Public 20 , al o'clock .M.
My Commission Expires
Martin McCormick. County Recorder by: Doputy
= RANI
1.1 On n
;;HER • or ; 9HCLV.
SOUTHWEST STATION 4TH ADDITION R.T. DOC. NO
C.R. DOC. NO
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...owl' - OF COUTNWEST STATION 2N0 ADDITION �41S,B0 o I. `1 \\ r • •
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LEGEND
Denotes monument found
0 4o 00
0 DenotesX Inch x 14 Inch Yon pipe sot and marked with
Minnesota License No. 42842 • SCALL IN FEU
For the purpose of this survey the oast lino of Lot 5.
Block 1. SOUTHWEST STATION 2ND ADDITION Is
oosumad to boar 500.14'04'W
_ RANI
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SNCET 2 OF 2 SKEET5
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar July 16, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Public Works Approve Contract with Corrective Asphalt
Scott Riley/ Streets Materials for a Cost Not to Exceed $40,000 VIII.E.
Requested Action
Move to: Approve contract with Corrective Asphalt Materials for a cost not to exceed$40,000.
Synopsis
Through direct negotiations Corrective Asphalt Materials provided a quote to place a reclamite
maltene based rejuvenating agent to various city streets. This quote will allow approximately
44,000 cubic yards of roadway to receive the rejuvenating agent. This specific rejuvenating
agent can only be provided by Corrective Asphalt Materials.
Funds for this quote will be provided by the Pavement Management Fund.
Background Information
Asphalt is made up of two components - asphaltenes and maltenes. The asphaltenes are the
bonding agent that make the asphalt hard while the maltenes give it its stickiness. When asphalt
loses its maltenes, the road surface becomes dry and brittle. This leads to raveling, pitting,
cracks,potholes and other signs of aging.
Maltenes are lost due to damage by high temperatures during manufacturing, exposure to the
sun, freeze-thaw conditions, water, traffic and normal aging. Treating newly laid pavement
surfaces with Reclamite replenishes the maltene factions lost for the reasons mentioned above.
Placing a rejuvenating agent will delay the need for overlays and other expensive surface courses
because it slows raveling and surface cracking.
Rejuvenating agents applied to streets are becoming a new and more commonly used practice for
pavement management. Rejuvenating agents can help extend the life of an asphalt surface if it is
applied with the first several years after a road has been constructed or overlaid.
Attachment
Contract
2017 06 01
Agreement for Contract Services
This Agreement ("Agreement") is made on the 16th day of July, 2019, between the City of Eden
Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden
Prairie, MN 55344, and Corrective Asphalt Materials, an Illinois LLC (hereinafter
"Contractor")whose business address is 300 Daniel Boone Trail, South Roxana, IL 62087.
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
Placement of Reclamite Maltene Based Rejuvenating Agent to City Streets 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. Any general or specific conditions,
terms, agreements, consultant or industry proposal, or contract terms attached to or a part of
Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any
manner.
2. Effective Date and Term of Agreement. This Agreement shall become effective as of July
16, 2019. The Work shall be completed by September 15, 2019.
3. Obligations of Contractor. Contractor shall conform 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
performance 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 acceptable standards or failure to present the
necessary image or attitude, in the judgment of the owner, to present a first class
operation.
f. 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.
4. City's Obligations. City will do or provide to Contractor the following:
a. Provide access to City properties as appropriate.
b. Provide restroom facilities as appropriate.
5. Compensation for Services. City agrees to pay the Contractor $0.85 per square yard of
material applied, with total payments made in each one year period not to exceed
$40,000.00 as full and complete payment for the labor, materials and services rendered
pursuant to this Agreement and as described in Exhibit A.
a. Any changes in the scope of the work which may result in an increase to the
compensation due the Contractor shall require prior written approval by an authorized
representative of the City or by the City Council. The City will not pay additional
compensation for services that do not have prior written authorization.
b. If Contractor is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for
performance shall be extended by a period of time lost by reason of the delay.
Contractor will be entitled to payment for its reasonable additional charges, if any,
due to the delay.
6. Method of Payment.
a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices
setting forth work performed under this Agreement. Invoices submitted shall be
paid in the same manner as other claims made to the City.
b. 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."
c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid.
7. Project Manager. The Contractor shall designated a Project Manager and notify the City in
writing of the identity of the Project Manager before starting work on the Project. The
Project Manager shall be assisted by other staff members as necessary to facilitate the
completion of the Work in accordance with the terms established herein. Contractor may not
remove or replace the Project Manager without the approval of the City.
Standard Agreement for Contract Services 2017 06 01.01
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8. 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 be liable to the
fullest extent permitted under applicable law, without limitation, for any injuries, loss, or
damages proximately caused by Contractor's breach of this standard of care. Contractor shall
put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be
responsible for delays caused by factors beyond its control or that could not be reasonably
foreseen at the time of execution of this Agreement. Contractor shall be responsible for
costs, delays or damages arising from unreasonable delays in the performance of its duties.
9. Insurance.
a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of
operations by Contractor or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in
this Paragraph, or required by law.
b. Contractor shall procure and maintain the following minimum insurance coverages
and limits of liability for the Work:
Worker's Compensation Statutory Limits
Employer's Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Commercial General $1,000,000 property damage and bodily
Liability injury per occurrence
$2,000,000 general aggregate
$2,000,000 Products—Completed Operations
Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and
non-owed vehicles.)
Umbrella or Excess Liability $1,000,000
c. 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
Standard Agreement for Contract Services 2017 06 01.01
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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. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers'
Compensation coverage from any state fund if Employer's liability coverage is not
available.
e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden
Prairie" as an additional insured.
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 including products and completed operations.
g. All polices shall contain a waiver of subrogation in favor of the City.
h. All General Liability policies, Automobile Liability policies, and Umbrella policies
shall contain a waiver of subrogation in favor of the City.
i. All polices, except the Worker's Compensation Policy, shall insure the defense and
indemnity obligations assumed by Contractor under this Agreement.
j. Contractor 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.
k. It shall be Contractor's responsibility to pay any retention or deductible for the
coverages required herein.
1. 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.
m. Contractor shall maintain in effect all insurance coverages required under this
Paragraph at Contractor's sole expense and with insurance companies licensed to do
business in the state in Minnesota and having a current A.M. Best rating of no less
than A-, unless specifically accepted by City in writing.
n. A copy of the Contractor's Certificate of Insurance which evidences the
compliance with this Paragraph, must be filed with City prior to the start of
Contractor's Work. Upon request a copy of the Contractor's insurance declaration
page, Rider and/or Endorsement, as applicable shall be provided. Such documents
Standard Agreement for Contract Services 2017 06 01.01
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evidencing Insurance shall be in a form acceptable to City and shall provide
satisfactory evidence that Contractor has complied with all insurance requirements.
Renewal certificates shall be provided to City prior to the expiration date of any of
the required policies. City will not be obligated, however, to review such Certificate
of Insurance, declaration page, Rider, Endorsement or certificates or other evidence
of insurance, or to advise Contractor of any deficiencies in such documents and
receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's
right to enforce the terms of Contractor's obligations hereunder. City reserves the
right to examine any policy provided for under this paragraph.
o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide
the specified insurance, then Contractor will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and
expense (including reasonable attorney's fees and expenses of litigation) to the extent
necessary to afford the same protection as would have been provided by the specified
insurance. Except to the extent prohibited by law, this indemnity applies regardless of
any strict liability or negligence attributable to the City(including sole negligence) and
regardless of the extent to which the underlying occurrence (i.e.,the event giving rise to
a claim which would have been covered by the specified insurance) is attributable to
the negligent or otherwise wrongful act or omission (including breach of contract) of
Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that
this indemnity shall be construed and applied in favor of indemnification. Contractor
also agrees that if applicable law limits or precludes any aspect of this indemnity, then
the indemnity will be considered limited only to the extent necessary to comply with
that applicable law. The stated indemnity continues until all applicable statutes of
limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require
Contractor to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from
Contractor's insurance company.
Contractor will take the action required by the City within fifteen(15) days of receiving
notice from the City.
10. Indemnification. 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.
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11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work
performed and all materials furnished shall be in accord with the Agreement and shall be free
from defects in materials, workmanship, and operation which appear within a period of one
year, or within such longer period as may be prescribed by law or in the terms of the
Agreement, from the date of City's written acceptance of the Work. The City's rights under
the Contractor's warranty are not the City's exclusive remedy. The City shall have all other
remedies available under this Agreement, at law or in equity.
Should any defects develop in the materials, workmanship or operation of the system within
the specified period, upon notice from the City, the Contractor agrees, within ten (10)
calendar days after receiving written notice and without expense to the City, to repair, replace
and in general to perform all necessary corrective Work with regard to the defective or
nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL
NOT IN ANY MANNER LIMIT THE CITY'S REMEDY OR THE CONTRACTOR'S
LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD.
The Contractor agrees to perform the Work in a manner and at a time so as to minimize any
damages sustained by the City and so as to not interfere with or in any way disrupt the
operation of the City or the public.
The corrective Work referred to above shall include without limitation, (a) the cost of
removing the defective or nonconforming Work and materials from the site, (b) the cost of
correcting all Work of other Contractors destroyed or damaged by defective or
nonconforming Work and materials including the cost of removal of such damaged Work
and materials form the site, and (c) the cost of correcting all damages to Work of other
Contractors caused by the removal of the defective or nonconforming Work or materials.
The Contractor shall post bonds to secure the warranties.
12. Termination.
a. This Agreement may be terminated at any time by either party for breach or non-
performance of any provision of this Agreement in accordance with the following.
The party ("notifying party") who desires to terminate this Agreement for breach or
non-performance of the other party ("notified party") shall give the notified party
notice in writing of the notifying party's desire to terminate this Agreement
describing the breach or non-performance of this Agreement entitling it to do so. The
notified party shall have five (5) days from the date of such notice to cure the breach
or non-performance. Upon failure of the notified party to do so, this Agreement shall
automatically terminate.
b. Upon the termination of this Agreement, whether by expiration of the original or any
extended term or terms hereof, or for any other reason, Contractor shall have the
right, within a reasonable time after such termination to remove from City's premises
any and all of Contractor's equipment and other property. Except for liability
resulting from acts or omissions of a party, arising, taken or omitted prior to such
termination, the rights and obligations of each party resulting from this Agreement
Standard Agreement for Contract Services 2017 06 01.01
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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.
13. Independent Contractor. Contractor is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this
Agreement, who shall be employees, and under the direction, of Contractor and in no respect
employees of City, and (ii) shall have no authority to employ persons, or make purchases of
equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be
construed so as to find the Contractor an employee of the City.
14. 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
GENERAL TERMS AND CONDITIONS
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
16. Compliance with Laws and Regulations. In providing services hereunder, the
Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the
provisions of services to be provided. Any violation of statutes, ordinances, rules and
regulations pertaining to the services to be provided shall constitute a material breach of
this Agreement and entitle the City to immediately terminate this Agreement.
Standard Agreement for Contract Services 2017 06 01.01
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17. 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.
18. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be considered an original.
19. 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.
20. Employees. Contractor agrees not to hire any employee or former employee of City and
City agrees not to hire any employee or former employee of Contractor prior to
termination of this Agreement and for one (1) year thereafter, without prior written
consent of the former employer in each case.
21. Enforcement. The Contractor shall reimburse the City for all costs and expenses,
including without limitation, attorneys' fees paid or incurred by the City in connection
with the enforcement by the City during the term of this Agreement or thereafter of any
of the rights or remedies of the City under this Agreement.
22. Entire Agreement, Construction, Application and Interpretation. This Agreement is
in furtherance of the City's public purpose mission and shall be construed, interpreted,
and applied pursuant to and in conformance with the City's public purpose mission. The
entire agreement of the parties is contained herein. This Agreement supersedes all oral
agreements and negotiations between the parties relating to the subject matter hereof as
well as any previous agreements presently in effect between the parties relating to the
subject matter hereof. Any alterations, amendments, deletions, or waivers of the
provisions of this Agreement shall be valid only when expressed in writing and duly
signed by the parties,unless otherwise provided herein.
23. Governing Law. This Agreement shall be controlled by the laws of the State of
Minnesota.
24. Non-Discrimination. During the performance of this Agreement, the Contractor 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 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.
Standard Agreement for Contract Services 2017 06 01.01
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25. Notice. Any notice required or permitted to be given by a party upon the other is given in
accordance with this Agreement if it is directed to either party by delivering it personally
to an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address
listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of
receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is
given by mail or deposit, that the time for response to any notice by the other party shall
commence to run one business day after any such mailing or deposit. A 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.
26. 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.
27. Services Not Provided For. No claim for services furnished by the Contractor not
specifically provided for herein shall be honored by the City.
28. 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.
29. Statutory Provisions.
a. Audit Disclosure. 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.
b. Data Practices. Any reports, information, or data in any form 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. This Agreement is subject to the Minnesota Government
Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government
data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created,
collected, received, stored, used, maintained, or disseminated by Contractor in
performing any of the functions of the City during performance of this Agreement is
subject to the requirements of the Data Practice Act and Contractor shall comply with
those requirements as if it were a government entity. All subcontracts entered into by
Contractor in relation to this Agreement shall contain similar Data Practices Act
compliance language.
30. 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.
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Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Mayor
City Manager
CONTRACTOR
By:
Its:
Standard Agreement for Contract Services 2017 06 01.01
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(florrective
Mailing Address
PO Box 87129
3
ne Trail Locations:
1 i S Roxana,
oa Daniel uIL 62087 300 Daniel Boone Trail, South Roxana, IL 62087
• Phone: 618 254 3855 43W630 Wheeler Road, Sugar Grove, IL 60554
N\iijatenals Fax: 618-254-2200
EXHIBIT A
City of Eden Prairie, MN July 1, 2019
Attention:Scott Riley
612-598-1453
Email:sriley@edenprairie.org
Please accept the following as our formal proposal to apply Reclamite Maltene Based Rejuvenating Agent to the street list below.
West of Eden Prairie Road 24,008 SY
South of Anderson Lakes Pkwy and East of Homeward Hills Road 20,164 SY
Total Square Yards 44,172 SY
• Apply reclamite to approximately 44,172 SY of Asphalt Road Ways
o Total: @$0.85/SY $37,546.20
CAM's Responsibilities:
• Supply and Apply Reclamite
• Supply and Apply Lime screenings
• Traffic Control and Signage
• Sweep Limestone screenings 24 hours after application
City of Eden Prairie Responsibilities:
• City to distribute resident notifications if deemed necessary.
• City to have location for 25 tons of screenings to be delivered and to keep excess and swept screenings.
• Dandy Curb Sacks if deemed necessary.
Price good for 30 days. Payment Net 30
Billing Information(please fill out upon acceptance)
Name : Address:
Phone Number:
Again, thank you for the opportunity. We look forward to providing our professional services.
Sincerely,
Colleen Holtmeyer Tina Revermann
Business Development Operations Manager
Corrective Asphalt Materials, LLC 314.267.9313 Corrective Asphalt Materials, LLC 618.484.7650
https://correotiveasphalt.corn Reliable, Efficient Asphalt Preservation
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar July 16, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 16-5943 ITEM NO.:
Carter Schulze Reject Bid for TC&W Railroad Crossing Safety VIII.F.
Public Works/Engineering Improvement Project
Requested Action
Move to: Reject the bid for the TC&W Railroad Crossing Safety Improvement Project (I.C.
16-5943).
Synopsis
Electronic bids were received on Tuesday, July 9, 2019 for this project. One (1) bid was received
in the amount of$1,115,384.84 from Meyer Contracting, Inc., which is 63% over the engineer's
estimate. The estimated cost established by SRF Consulting Group was $684,865.20. Based on
the combined factors of; busy bidding climate, receiving only one bid and that bid being
substantially higher than the estimate, Staff recommends rejecting the bid and rebidding the
project with a revised scope in late 2019 or early 2020.
Background Information
In 2016, a Railroad Quiet Zone Assessment for Eden Prairie was completed. The assessment
identified options to improve safety of at-grade rail crossings and to minimize the impacts of
train horn noise throughout the community. The assessment included the following crossings:
• West 62nd Street
• Birch Island Road
• Valley View Road
• Unofficial crossing east of Valley View Road connecting Duck Lake Road and the Eden
Prairie High School.
During the 2017 Legislative session, a bill was passed to provide $1,400,000 in state funding for
rail grade crossing improvements, which will enable the establishment of a railroad quiet zone
through Eden Prairie. As part of those improvements, this construction contract provides for the
at-grade railroad crossing safety improvements along with a separate contract with the railroad,
which includes new signals and cabinets. This signal contract is still moving forward.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar July 16, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Rick Wahlen Approve a Standard Agreement for Professional VIII.G.
Public Works/Utilities Services with Hansen Thorp Pellinen Olson, Inc.
(HTPO) for Construction Surveying Services for the
City's New Drinking Water Storage Reservoir and
Pump Station
Requested Action
Move to: Approve a Standard Agreement for Professional Services with HTPO for Surveying
Services for the Construction of the City's New Drinking Water Ground Storage Reservoir and
Pump Station at 8251 Eden Prairie Road.
Synopsis
The attached professional services agreement is for surveying services required to construct the
city's new drinking water ground storage reservoir, pump station, buried underground utilities,
and access road as well as all planned storm water management features and trail connections.
Background Information
Surveying agreements with HTPO were previously approved for the design of the project, for the
delineation of the property purchased from the State of Minnesota in two separate transactions,
and for the location of easements and permit areas. This latest agreement for construction
surveying services includes placing line and grade stakes, and other activities outlined in the
attached Exhibit A, Scope of Work. The total cost of construction phase surveying services is
$40,000.
All costs associated with this agreement will be paid from the water utility enterprise capital
improvement fund.
Attachments
Agreement
Exhibit A, Scope of Work
2017 06 01
Agreement for Professional Services
This Agreement ("Agreement") is made on the 16th day of July , 2019, between the City of
Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road,
Eden Prairie, MN 55344, and Hansen, Thorp, Pellinen, Olson, Inc._ ("Consultant"), a
Minnesota corporation (hereinafter "Consultant") whose business address is _7510 Market Place
Drive, Eden Prairie, MN 55344 .
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of consultants to provide a
variety of professional services for City projects. That policy requires that persons, firms or
corporations providing such services enter into written agreements with the City. The purpose of
this Agreement is to set forth the terms and conditions for the provision of professional services
by Consultant for contruction surveying services for the the City's dinking water ground storage
reservoir and pump station_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 ( Scope of Work ) in connection with the Work. Exhibit A is intended to be
the scope of service for the work of the Consultant. Any general or specific conditions,
terms, agreements, consultant or industry proposal, or contract terms attached to or a part
of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in
any manner.
2. Term. The term of this Agreement shall be from July 16, 2019 through _October 31,
2020 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 $_40,000_ 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.
Version 2017 06 01
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
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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.
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 shall designated a Project Manager and
notify the City in writing of the identity of the Project Manager before starting work on
the Project. The Project Manager 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 Project Manager 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. 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.
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9. Subcontractor. The Consultant shall not enter into subcontracts for services provided
under this Agreement except as noted in the Scope of Work, without the express written
consent of the City. The Consultant shall pay any subcontractor involved in the
performance of this Agreement within ten (10) days of the Consultant's receipt of
payment by the City for undisputed services provided by the subcontractor. If the
Consultant fails within that time to pay the subcontractor any undisputed amount for
which the Consultant has received payment by the City, the Consultant shall pay interest
to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part
of a month. The minimum monthly interest penalty payment for an unpaid balance of
$100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay
the actual interest penalty due to the subcontractor. A subcontractor who prevails in a
civil action to collect interest penalties from the Consultant shall be awarded its costs and
disbursements, including attorney's fees, incurred in bringing the action.
10. 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.
11. 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 $1,000,000 property damage and bodily
Liability 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
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Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and
non-owed vehicles.)
Umbrella or Excess Liability $1,000,000
c. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall
cover liability arising from premises, operations, independent contractors, products-
completed operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract). There shall be no endorsement or modification of the Commercial General
Liability form arising from pollution, explosion, collapse, underground property
damage or work performed by subcontractors.
d. Professional Liability Insurance. In addition to the coverages listed above,
Consultant shall maintain a professional liability insurance policy in the amount of
$2,000,000. Said policy need not name the City as an additional insured. It shall be
Consultant's responsibility to pay any retention or deductible for the professional
liability insurance. Consultant agrees to maintain the professional liability insurance
for a minimum of two (2) years following termination of this Agreement.
e. Consultant shall maintain "stop gap" coverage if Consultant obtains Workers'
Compensation coverage from any state fund if Employer's liability coverage is not
available.
f. All policies, except the Worker's Compensation Policy, Automobile Policy, and
Professional Liability Policy, shall name the "City of Eden Prairie" as an additional
insured including products and completed operations.
g. All policies, except the Professional Liability Policy, shall apply on a "per project"
basis.
h. All General Liability policies, Automobile Liability policies and Umbrella policies
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. The
Professional Liability policy shall insure the defense and indemnity obligations
assumed by Consultant under this Agreement except with respect to the liability for
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loss or damage resulting from the negligence or fault of anyone other than the
Consultant or others for whom the Consultant is legally liable.
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.
1. 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.
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
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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.
12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages,
costs and expenses, including a reasonable amount as and for its attorney's fees paid,
incurred or for which it may be liable resulting from any breach of this Agreement by
Consultant, its agents, contractors and employees, or any negligent or intentional act or
omission performed, taken or not performed or taken by Consultant, its agents,
contractors and employees, relative to this Agreement. City will indemnify and hold
Consultant harmless from and against any loss for injuries or damages arising out of the
negligent acts of the City, its officers, agents or employees.
13. 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.
14. 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
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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
GENERAL TERMS AND CONDITIONS
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
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. 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.
18. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be considered an original.
19. 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.
20. Employees. Contractor agrees not to hire any employee or former employee of City and
City agrees not to hire any employee or former employee of Contractor prior to
termination of this Agreement and for one (1) year thereafter, without prior written
consent of the former employer in each case.
21. Enforcement. The Contractor shall reimburse the City for all costs and expenses,
including without limitation, attorneys' fees paid or incurred by the City in connection
with the enforcement by the City during the term of this Agreement or thereafter of any
of the rights or remedies of the City under this Agreement.
22. Entire Agreement, Construction, Application and Interpretation. This Agreement is
in furtherance of the City's public purpose mission and shall be construed, interpreted,
and applied pursuant to and in conformance with the City's public purpose mission. The
entire agreement of the parties is contained herein. This Contract 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 Contract shall be valid only when expressed in writing and duly signed
by the parties,unless otherwise provided herein.
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23. Governing Law. This Agreement shall be controlled by the laws of the State of
Minnesota.
24. 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.
25. Notice. Any notice required or permitted to be given by a party upon the other is given in
accordance with this Agreement if it is directed to either party by delivering it personally
to an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address
listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of
receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is
given by mail or deposit, that the time for response to any notice by the other party shall
commence to run one business day after any such mailing or deposit. A 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.
26. 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.
27. Services Not Provided For. No claim for services furnished by the Consultant not
specifically provided for herein shall be honored by the City.
28. 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.
29. Statutory Provisions.
a. Audit Disclosure. 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.
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b. Data Practices. Any reports, information, or data in any form 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. 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.
30. 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.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Mayor
City Manager
CONSULTANT
By:
Its:
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Exhibit A, Scope of Work, for Professional Services Agreement for Construction Surveying, Ground Storage
Reservoir Project 187035
ZJ I Engineering Surveying
A Landscape Architecture
June 26, 2019
Rick Wahlen
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, Minnesota 55344-4484
Office: 952-949-8530
Email: RWahlen@edenprairie.org
RE: Eden Prairie GSR—Eden Prairie, MN
Dear Rick,
We are pleased to submit this proposal to you for surveying services for the City of
Eden Prairie Ground Storage Reservoir site improvements staking in Eden Prairie,
Minnesota. We have based this proposal on plans dated March 26, 2019.
SCOPE OF SERVICES
We propose to provide the following services:
1. Construction Staking
a. Set site control with benchmarks(one time)
b. Construction limits and silt fence stakes(one time)
c. Stake removal limits(one time)
d. Center line of drive lanes for rough grading(one time)
e. Top of rock bluetops on center line at 50'intervals(one time)
f. Layout 4 grids with offsets for the pump station building(one time)
g. Rough grade for reservoir tank(one time)
h. Wood water tank
i. Stake storm sewer,sanitary sewer, drain tile,and watermain with
offsets for structures and pipes with grades(one time)
j. Level dome and wall bed areas(one time)
k. Level crane setup area(one time)
I. Line and grade stakes for curb and gutter(one time)
m. Bituminous paths
n. Line and grade stakes for sidewalk not adjacent to curb(one time)
o. Exterior limits of underground storm sewer BMPs(one time)
p. Light pole locations(one time)
q. Chain link fence at reservoir(one time)
r. Signs
s. Generator pad (one time)
t. Electric transformer pad (one time)
2. Post Construction Asbuilts
a. Field work stormwater basins grade verification
7510 Market Place Drive b. Field work to measure rim and invert elevations of storm and sanitary
Eden Prairie, MN 55344 sewer manholes and catch basins, and above ground locations of gate
952-829-0700 valves and fire hydrants. Points for asbuilts will be delivered in X,Y,Z
952-829-7806 fax format for drafting by others
www.htpo.com
HANSEN THORP PELLINEN OLSON, INC.
Exhibit A, Scope of Work, for Professional Services Agreement for Construction Surveying, Ground Storage
Reservoir Project 187035
HTPO—Page 2 of 2
RE: Eden Prairie GSR—Eden Prairie, MN
June 26, 2019
ASSUMPTIONS
This proposal has been based on the following items:
• The construction plans will be provided to us in a CAD format.
• A signed set of civil plans will be provided to us with enough information to
accurately layout the new features.
• Re-staking will be billed hourly as an additional service.
SCHEDULE
We will need a 5 day notice for the first time stakes are needed. Please give us a 48
hour notice for regularly scheduled work.All work is assumed to be performed in
2019-2020.
COMPENSATION
Compensation for those items described in the Scope of Services is hourly not to
exceed and estimated as follows:
Services Fee
1.Construction Staking $36,000.00
2. Post Construction Asbuilts $4,000.00
Total $40,000.00
PAYMENTS
Invoices will be submitted based on actual hours worked using a 2.4 multiplier times
direct personal expense, and reimbursable expenses incurred (printing, courier, and
other out-of-house documents and fees). We will keep you informed of our work
progress and the above fee estimate will not be exceeded without prior approval
from your office. We invoice our services monthly payable within 30 days.
Sincerely,
HANSEN THORP PELLINEN OLSON, INC.
Tim Sorenson, PLS Laurie A.Johnson, P
Land Survey Manager President
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda July 16, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 19824 ITEM NO.:
Patrick Sejkora Approve a Standard Agreement for Professional VIII.H.
Public Works/Engineering Services with Hansen Thorp Pellinen Olson,
Inc. (HTPO) for Deerfield Trail Improvements
Requested Action
Move to: Approve a Standard Agreement for Professional Services with HTPO for Engineering
Services for the Deerfield Trail Improvements.
Synopsis
The attached professional services agreement is for engineering services required to design
drainage and street improvements for Deerfield Trail and Green Ridge Drive.
Background Information
This project aims to improve drainage at the intersection of Deerfield Trail and Green Ridge
Drive. The streets have deteriorated due to poor soils, high groundwater, frequent sump pump
discharges, and flat street grading. Both streets are proposed for rehabilitation in 2020. This
project will aim to improve drainage at the intersection and along Deerfield Trail through a new
storm sewer, sump pump connections, and improvements to curb and gutter. Additionally, the
project will determine a pavement design for the street rehabilitation. The work will also consist
of any necessary permitting through the Riley Purgatory Bluff Creek Watershed District. The
drainage and curb and gutter improvements are anticipated to be complete by the fall of 2019,
with the street rehabilitation in 2020.
Financial Implications
The project will be funded with the Capital Improvement Plan.
Attachment
Agreement with Exhibit A - Scope of Work
2017 06 01
Agreement for Professional Services
This Agreement ("Agreement") is made on the 16th day of July , 2019, between the City of
Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road,
Eden Prairie, MN 55344, and Hansen, Thorp, Pellinen, Olson, Inc._ ("Consultant"), a
Minnesota corporation (hereinafter "Consultant") whose business address is _7510 Market Place
Drive, Eden Prairie, MN 55344 .
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of consultants to provide a
variety of professional services for City projects. That policy requires that persons, firms or
corporations providing such services enter into written agreements with the City. The purpose of
this Agreement is to set forth the terms and conditions for the provision of professional services
by Consultant for engineering design services for the Deerfield Trail drainage and street
Improvements_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 ( Scope of Work ) in connection with the Work. Exhibit A is intended to be
the scope of service for the work of the Consultant. Any general or specific conditions,
terms, agreements, consultant or industry proposal, or contract terms attached to or a part
of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in
any manner.
2. Term. The term of this Agreement shall be from July 16, 2019 through _October 31,
2020 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 $_45,000_ 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.
Version 2017 06 01
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
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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.
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 shall designated a Project Manager and
notify the City in writing of the identity of the Project Manager before starting work on
the Project. The Project Manager 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 Project Manager 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. 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.
Page 3 of 10 2017 06 01
9. Subcontractor. The Consultant shall not enter into subcontracts for services provided
under this Agreement except as noted in the Scope of Work, without the express written
consent of the City. The Consultant shall pay any subcontractor involved in the
performance of this Agreement within ten (10) days of the Consultant's receipt of
payment by the City for undisputed services provided by the subcontractor. If the
Consultant fails within that time to pay the subcontractor any undisputed amount for
which the Consultant has received payment by the City, the Consultant shall pay interest
to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part
of a month. The minimum monthly interest penalty payment for an unpaid balance of
$100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay
the actual interest penalty due to the subcontractor. A subcontractor who prevails in a
civil action to collect interest penalties from the Consultant shall be awarded its costs and
disbursements, including attorney's fees, incurred in bringing the action.
10. 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.
11. 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 $1,000,000 property damage and bodily
Liability 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
Page 4 of 10 2017 06 01
Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and
non-owed vehicles.)
Umbrella or Excess Liability $1,000,000
c. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall
cover liability arising from premises, operations, independent contractors, products-
completed operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract). There shall be no endorsement or modification of the Commercial General
Liability form arising from pollution, explosion, collapse, underground property
damage or work performed by subcontractors.
d. Professional Liability Insurance. In addition to the coverages listed above,
Consultant shall maintain a professional liability insurance policy in the amount of
$2,000,000. Said policy need not name the City as an additional insured. It shall be
Consultant's responsibility to pay any retention or deductible for the professional
liability insurance. Consultant agrees to maintain the professional liability insurance
for a minimum of two (2) years following termination of this Agreement.
e. Consultant shall maintain "stop gap" coverage if Consultant obtains Workers'
Compensation coverage from any state fund if Employer's liability coverage is not
available.
f. All policies, except the Worker's Compensation Policy, Automobile Policy, and
Professional Liability Policy, shall name the "City of Eden Prairie" as an additional
insured including products and completed operations.
g. All policies, except the Professional Liability Policy, shall apply on a "per project"
basis.
h. All General Liability policies, Automobile Liability policies and Umbrella policies
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. The
Professional Liability policy shall insure the defense and indemnity obligations
assumed by Consultant under this Agreement except with respect to the liability for
Page 5 of 10 2017 06 01
loss or damage resulting from the negligence or fault of anyone other than the
Consultant or others for whom the Consultant is legally liable.
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.
1. 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.
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
Page 6 of 10 2017 06 01
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.
12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages,
costs and expenses, including a reasonable amount as and for its attorney's fees paid,
incurred or for which it may be liable resulting from any breach of this Agreement by
Consultant, its agents, contractors and employees, or any negligent or intentional act or
omission performed, taken or not performed or taken by Consultant, its agents,
contractors and employees, relative to this Agreement. City will indemnify and hold
Consultant harmless from and against any loss for injuries or damages arising out of the
negligent acts of the City, its officers, agents or employees.
13. 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.
14. 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
Page 7 of 10 2017 06 01
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
GENERAL TERMS AND CONDITIONS
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
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. 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.
18. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be considered an original.
19. 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.
20. Employees. Contractor agrees not to hire any employee or former employee of City and
City agrees not to hire any employee or former employee of Contractor prior to
termination of this Agreement and for one (1) year thereafter, without prior written
consent of the former employer in each case.
21. Enforcement. The Contractor shall reimburse the City for all costs and expenses,
including without limitation, attorneys' fees paid or incurred by the City in connection
with the enforcement by the City during the term of this Agreement or thereafter of any
of the rights or remedies of the City under this Agreement.
22. Entire Agreement, Construction, Application and Interpretation. This Agreement is
in furtherance of the City's public purpose mission and shall be construed, interpreted,
and applied pursuant to and in conformance with the City's public purpose mission. The
entire agreement of the parties is contained herein. This Contract 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 Contract shall be valid only when expressed in writing and duly signed
by the parties,unless otherwise provided herein.
Page 8 of 10 2017 06 01
23. Governing Law. This Agreement shall be controlled by the laws of the State of
Minnesota.
24. 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.
25. Notice. Any notice required or permitted to be given by a party upon the other is given in
accordance with this Agreement if it is directed to either party by delivering it personally
to an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address
listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of
receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is
given by mail or deposit, that the time for response to any notice by the other party shall
commence to run one business day after any such mailing or deposit. A 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.
26. 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.
27. Services Not Provided For. No claim for services furnished by the Consultant not
specifically provided for herein shall be honored by the City.
28. 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.
29. Statutory Provisions.
a. Audit Disclosure. 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.
Page 9 of 10 2017 06 01
b. Data Practices. Any reports, information, or data in any form 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. 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.
30. 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.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Mayor
City Manager
CONSULTANT
By:
Its:
Page 10 of 10 2017 06 01
Z
p J Engineering•Surveying
;1 Landscape Architecture EXHIBIT A
July 10, 2019
Mr. Patrick Sejkora
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
RE: Deerfield Trail
Dear Patrick,
HTPO is pleased to provide this proposal for Civil Engineering services for the
Deerfield Trail project. Our understanding is that the City would like to construct
drainage improvements to improve deteriorating roadway conditions and
localized flooding issues along Deerfield Trail both east and west of Green Ridge
Drive.The goal of this project is to prevent the need for a full reconstruction of
the entire street corridor, and provide creative solutions to improve the
subgrade conditions for long term pavement stability.
SCOPE OF SERVICES
We propose to provide the following services:
A. Preliminary Design—HTPO will work with City staff to evaluate and
design storm sewer improvements along Deerfield Trail and at the
intersection with Green Ridge Drive. Improvements may require
roadway reconstruction and curb and gutter replacement for new storm
drains at Green Ridge Drive connecting to an existing drainage system in
the cul-de-sac to the east. Design tasks include:
• Evaluation of drainage alternatives, including residential sump
discharge collection, to meet City and Watershed requirements
within existing ROW.
• Coordination with Geotechnical Engineer(separately contracted
by City) to establish a plan for drainage improvements and
pavement rehabilitation.
• Preliminary plan preparation for grading, erosion control, storm
sewer, storm water management, and street improvements.
Includes Cost Estimating.
• Up to two (2)meeting/site walkthrough with City staff and one
(1)neighborhood meeting.
7510 Market Place Drive
Eden Prairie, MN 55344
Phone: 952-829-0700
Fax: 952-829-7806
www.htpo.com
HANSEN THORP PELLINEN OLSON, INC.
Page 2 of 3
RE: Deerfield Trail
July 10, 2019
B. Construction Documents—Includes final design drawings and
specifications for contractor bidding.This includes preparation of storm
sewer and pavement/curb improvement plans, erosion &sediment
control plans and construction details. Includes stormwater
management, SWPPP, and watershed permit submittal.
C. Bid Administration - Includes plan distribution, answering contractor's
questions, attendance at bid opening, review of bids and tabulation,
and letter of recommendation.
ASSUMPTIONS
• Wetland mitigation will not be required.
• Geotechnical engineer will be contracted directly through the City.
• Disturbance will be limited to the existing Right-of-Way.
• Street elevations will remain unchanged other than minor adjustments
to the curb lines at the intersection with Green Ridge Dr for proper
drainage to new drainage structures.
• Street and drainage improvements will be incorporated into one bid
package.
SCHEDULE
We will commence our work upon your authorization to proceed. This proposal
will remain valid for ninety days. We assume that this work will occur in 2019.
COMPENSATION
Compensation for those items described in the Scope of Services above are
estimated as follows:
Services Fee
A. Preliminary Design $ 20,000
B. Construction Documents $ 21,000
C. Bid Administration $ 2,500
D. Reimbursables $ 1,500
Total Fees and Expenses $45,000
Page 3 of 3
RE: Deerfield Trail
July 10, 2019
Invoices will be submitted based on actual hours worked using a 2.4 multiplier
times direct personal expense, and reimbursable expenses incurred (printing,
courier,and other out-of-house documents and fees). We will keep you informed
of our work progress and the above fee estimate will not be exceeded without
prior approval from your office. We invoice our services monthly payable within
30 days.
If you have any questions or need additional information please do not hesitate
to contact us.
Thank you for this opportunity to provide our services.
Sincerely,
HANSEN THORP PELLINEN OLSON, INC.
cY0i,_...•
a.
Aaron Carrell, PE Laurie A.Johnso , P.E.
Project Engineer President
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar July 16, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC # 18839 ITEM NO.:
Paul Schlueter Reject bids for the City Yard Waste Drop Off VIII.I.
Public Works/Engineering Improvement Project.
Requested Action
Move to: Reject bids for the City Yard Waste Drop Off Improvement Project IC # 18839.
Synopsis
Bids were received on Thursday, July 11, 2019 for this project. Two bids were received from
Meyer Contracting, Inc. ($1,417,611.27) and Northwest ($1,077,520.25). The low bid was 25%
higher than the engineer's estimate. The estimated cost established by HTPO Engineering was
$862,792.50. Based on the combined factors of an unfavorable bidding climate, low labor
availability, receiving only two bids and bid being substantially higher than the estimate, staff
recommends rejecting bids and rebidding the project with a revised scope in late 2019 or early
2020.
Background Information
This project will include site improvements at the City's Maintenance Outdoor Storage Site
(MOSS) facility to construct a yard waste drop off area that will include a small attendant
building and a new gated entrance for City resident access and use. The project also includes
drive and turn lane improvements to Flying Cloud Drive (County Road 61) that are necessary to
provide safe and convenient access to the site.
Project Cost Summary
The project will be funded with Capital Maintenance and Reinvestment Funds, Storm Water
Enterprise Funds and Waste Water Enterprise Funds.
Attachment
None
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar July 16, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Robert Ellis Standard Small Wireless Facility Collocation VIII.J.
Public Works Agreement with Verizon Wireless LLC.
Requested Action
Move to: Approve Standard Small Wireless Facility Collocation Agreement with Verizon
Wireless LLC.
Background Information
Small cell technology is becoming increasingly necessary to provide the public with adequate
mobile cellular service. Small cell facilities work as a companion to large mobile macro sites
traditionally scene on water towers, high-rise buildings or stand alone antennae. Small cells sites
help offload targeted traffic from a mobile network by providing the first and last 1,000 feet of
transmission. Small cell sites are then connected via fiber optics to macro sites where the
transmission can go global. Small cell sites also provide a connection in dark areas that lack
coverage, or in high traffic areas that need additional support infrastructure.
Synopsis
Pursuant to state legislation passed during the 2017 session and recent action taken the Federal
Communications Commission, wireless carriers cannot be denied access to the right-of-way for
small wireless installations and may collocate on existing city, county, state and private utility
structures. The City may require a user who desires to collocate facilities on existing City-owned
structures to enter into a "collocation agreement"that sets forth terms and conditions of use.
Under the Standard Small Wireless Facility Collocation Agreement, Verizon is required to submit
all plans to the City for approval before installing any facility and must comply with other terms
and conditions associated with aesthetics, maintenance of facilities, removal for reconstruction,
etc. Verizon will pay a maximum allowed annual lease and maintenance fee of$175.00 to the
City for each facility collocated on a city structure.
This new agreement conforms to state and federal rules that were promulgated in 2017 and 2018
that granted broad authority for wireless providers wanting to install small wireless facilities in the
right-of-way.
Attachment
Standard Small Wireless Facility Collocation Agreement
STANDARD SMALL WIRELESS FACILITY
COLLOCATION AGREEMENT
This Standard Small Wireless Facility Collocation Agreement (the "Agreement") made
this day of , 20 , between the City of Eden Prairie, Minnesota, with
its principal offices located at 8080 Mitchell Road,Eden Prairie,MN 55344,hereinafter designated
CITY,and Verizon Wireless(VAW)LLC d/b/a Verizon Wireless,with its principal offices located
at One Verizon Way, Mail Stop 4AW100, Basking Ridge,New Jersey 07920 (telephone number
866-862-4404),hereinafter designated USER. CITY and USER are at times collectively referred
to hereinafter as the"Parties"or individually as the "Party."
WITNESSETH
WHEREAS, CITY is the owner of, or holds a leasehold or other possessory interest in,
certain wireless support structures, which are located within the geographic area of a license to
provide wireless services licensed by the Federal Communications Commission; and
WHEREAS, USER desires to collocate small wireless facilities in and/or upon certain of
CITY'S wireless support structures located within the public right-of-way("ROW")and/or install
new CITY-owned wireless support structures in the ROW; and
WHEREAS, USER acknowledges that CITY will permit USER to install a new CITY-
owned wireless support structure in the ROW for purposes of collocating small wireless facilities
on such structure only if CITY determines, in its sole discretion, that such new structure is
necessary for street lighting or other CITY purposes; and
WHEREAS, CITY and USER desire to enter into this Agreement to define the general
terms and conditions which govern their relationship with respect to particular sites at which USER
may collocate the small wireless facilities as hereinafter set forth; and
WHEREAS, CITY and USER acknowledge that they will enter into a supplement to this
Agreement("Supplement"), a copy of which is attached hereto as Exhibit A,with respect to each
particular location or site which CITY agrees to permit collocation.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
adequacy and sufficiency of which is hereby acknowledged, the parties hereto, for themselves,
their successors and assigns, do hereby covenant and agree as follows:
I. DEFINITIONS
For purposes of this Agreement,the following terms shall have the following definitions:
a. "Collocate" or "collocation": to install, mount, maintain, modify, operate, or
replace a small wireless facility on, under, within, or adjacent to an existing wireless support
structure that is owned by the CITY.
b. "Equipment": wireless facilities and small wireless facilities, as those terms are
defined in this Agreement.
1
4578280v2
c. "Small wireless facility":
(1) a wireless facility that meets both of the following qualifications:
(i) each antenna is located inside an enclosure of no more than six cubic
feet in volume or, in the case of an antenna that has exposed
elements, the antenna and all its exposed elements could fit within
an enclosure of no more than six cubic feet; and
(ii) all other wireless equipment associated with the small wireless
facility, excluding electric meters, concealment elements,
telecommunications demarcation boxes, battery backup power
systems, grounding equipment, power transfer switches, cutoff
switches, cable, conduit, vertical cable runs for the connection of
power and other services,and any equipment concealed from public
view within or behind an existing structure or concealment, is in
aggregate no more than 28 cubic feet in volume; or
(2) a micro wireless facility.
d. "Utility pole": a pole that is used in whole or in part to facilitate
telecommunications or electric service.
e. "Wireless facility":
(1) equipment at a fixed location that enables the provision of wireless services
between user equipment and a wireless service network, including:
(i) equipment associated with wireless service;
(ii) a radio transceiver,antenna,coaxial or fiber-optic cable,regular and
backup power supplies, and comparable equipment, regardless of
technological configuration; and
(iii) a small wireless facility.
(2) "Wireless facility"does not include:
(i) wireless support structures;
(ii) wireline backhaul facilities; or
(iii) coaxial or fiber-optic cables (i) between utility poles or wireless
support structures, or (ii) that are not otherwise immediately
adjacent to or directly associated with a specific antenna.
2
4578280v2
f. "Micro wireless facility": a small wireless facility that is no larger than 24 inches
long, 15 inches wide, and 12 inches high, and whose exterior antenna,if any,is no longer than 11
inches.
g. "Wireless service": "Wireless service" means any service using licensed or
unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or by means
of a mobile device, that is provided using wireless facilities. Wireless service does not include
services regulated under Title VI of the Communications Act of 1934, as amended, including a
cable service under United States Code, title 47, section 522, clause (6).
h. "Wireless support structure": a new or existing structure in a public right-of-way
designed to support or capable of supporting small wireless facilities,as reasonably determined by
the CITY.
i. "Wireline backhaul facility": a facility used to transport communications data by
wire from a wireless facility to a communications network.
II. USER REQUEST TO USE PREMISES
a. Before USER shall collocate any Equipment on CITY'S wireless support structures
or install a new CITY-owned wireless support structure, as shall be more fully described in each
Supplement to be executed by the Parties, hereinafter referred to as the "Premises" under this
Agreement, USER shall request permission from CITY in writing, which writing shall include a
draft Supplement, and shall comply with the procedures set forth in this section.
b. USER may submit a consolidated request to CITY for permission to collocate up
to fifteen (15) small wireless facilities, provided that the small wireless facilities in the
consolidated request: (1) are located within a two-mile radius; (2) consist of substantially similar
equipment; and (3) are to be placed on similar types of wireless support structures. Such
consolidated request shall include a separate draft Supplement for each small wireless facility.
c. Approval of this Agreement by CITY shall be in the form of an approved City
Council Resolution.Following said approval of this Agreement, each individual Supplement may
be approved by the City Manager or his/her designee.
d. USER shall have the non-exclusive right, at its sole cost and expense, to use the
Premises, as identified in each individual approved Supplement, for the purpose of collocating
equipment on CITY's wireless support structure(s)or installing new CITY-owned wireless support
structure(s) and uses incidental thereto,in a manner consistent with each Supplement("Approved
Use").
e. Regarding USER's application for each individual Supplement: If,in the judgment
of CITY,USER's proposed use of any existing CITY-owned wireless support structure under the
circumstances is contrary to generally applicable and reasonable health, safety, and welfare
concerns, CITY shall have the right to reject the application.If USER's application seeks to install
a new CITY-owned wireless support structure and CITY determines,in its sole discretion,that the
new CITY-owned structure is not necessary or desirable, CITY shall have the right to reject the
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application.In any event,within sixty(60)days for collocations or ninety(90)days for new CITY-
owned wireless support structures after the receipt of such application CITY shall notify USER in
writing whether the application is approved or rejected and, if rejected, shall document the basis
for the rejection. If CITY does not notify USER within sixty (60) days for collocations or ninety
(90) days for new CITY-owned wireless support structures the application shall be deemed
approved. USER shall use the Premises only in accordance with good engineering practices and
in compliance with all applicable Federal Communications Commission("FCC"), federal, state,
and local rules,laws and regulations.
f. Along with each application for an individual Supplement, USER shall furnish
CITY detailed Construction Plans and drawings for each individual Premises, together with
necessary maps, indicating specifically the wireless support structures of CITY to be used, the
number and character of the small wireless facilities to be placed on such structures, Equipment
necessary for USER's use, replacements of existing wireless support structures, any additional
wireless support structures which may be required, and any new installations for transmission
conduit,pull boxes, and appurtenances (the"Work"). The Parties shall execute a Supplement for
each Premises.Upon execution of the Supplement,USER shall have the right to use the Premises
and proceed with the Work in accordance with the terms of the Supplement and this Agreement.
USER shall perform all Work at its own expense and in such manner as to not interfere with
CITY's use of the Property or the Premises.
g. All wireless support structures used by USER under this Agreement,including new
CITY-owned wireless support structures installed by USER with CITY's permission, shall be and
remain the property of CITY, and any payments made by USER for changes to existing wireless
support structures, conduits, conductor pull boxes, facilities, and appurtenances, or installation of
any new wireless support structures, conduits, conductor pull boxes, facilities, or appurtenances,
under this Agreement shall not entitle USER to ownership of any of said infrastructure (unless
otherwise specified in the individual Supplement supplement).
h. CITY reserves the right to exclude any of CITY's wireless support structures,
conduits, conductor pull boxes, appurtenances, public ROW and/or real property from use by
USER if CITY determines that USER's proposed use is contrary to generally applicable and
reasonable health, safety, and welfare regulations.
III. PREMISES.
Pursuant to all of the terms and conditions of this Agreement, and the applicable
Supplement, CITY may approve USER's application for a particular Premises described in the
Supplement, for the installation, operation and maintenance of Equipment;together with the non-
exclusive right of ingress and egress from a public ROW, seven(7) days a week,twenty-four(24)
hours a day,over the Property(as defined below)to and from the Premises.The entirety of CITY's
ROW and real property is referred to herein as the"Property".
The primary use and purpose of the Property, inclusive of the Premises, is to provide for
traffic control, street lighting and other governmental purposes ("Primary Use"). CITY's
operations take priority over USER's operations.
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USER agrees that the following priorities of use, in descending order, shall apply in the
event of communication interference, emergency public safety needs, Premises repair or
reconditioning, or other conflict while this Agreement is in effect, and USER's use shall be
subordinate accordingly:
(1) CITY, its employees,agents and contractors;
(2) Public safety agencies, including law enforcement, fire, and ambulance
services, that are not related to CITY;
(3) Other governmental agencies where use is not related to public safety;
(4) Pre-existing licensees or permittees of CJTY(if any);
(5) USER referenced in this Agreement.
When an event occurs that poses an immediate threat of substantial harm or damage to the
health, safety and welfare of the public and/or the Property/Premises, as solely determined by
CITY("Jeopardy"),the CITY may take actions the CITY determines are required to address such
Jeopardy provided that promptly after such actions that affect the Premises, and in no event later
than seventy-two (72) hours after such actions, CITY gives written notice to USER of CITY's
emergency actions.
If CITY determines that the conditions of a Jeopardy would be benefited by cessation of
USER's operations, USER shall immediately cease its operations on the Premises upon notice
from CITY to do so, and the Term (as defined herein) of the applicable Supplement shall be
suspended until the conditions of Jeopardy have ended.
In the event there are not sufficient electric,telephone,cable,or fiber utility sources located
at the Premises or on the Property, USER may request approval from the CITY, by submitting to
CITY a written plan for installation,to install such utilities on,over and/or under the Property and
to the Premises as necessary for USER to operate in accordance with its Approved Use. CITY
shall, in its sole discretion,notify USER that it approves, denies or modifies the plan within thirty
(30)business days of receipt of the same, and in the case of any denial or modification CITY shall
state the reasons therefor. -
USER must,at the time of application and at any future time as requested by CITY,obtain
and submit to CITY a structural engineering study carried out by a qualified structural engineer,
showing that the wireless support structure(s) is (are) able to support the Equipment. Said study
must be signed by an engineer licensed in Minnesota per State Rule 1800.4200 and Minnesota
Statutes Chapter 326. If the study finds that any proposed structure is inadequate to support the
proposed loads, USER shall not install the Equipment and the approval for the Premises at issue
shall terminate.
IV. INSTALLATION OF EQUIPMENT
a. Construction Plans
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For the initial installation of all Equipment and for any and all subsequent revisions and/or
modifications thereof, or additions thereto, at the time of application for each individual
Supplement shall provide CITY with two (2) sets of construction plans ("Construction Plans")
consisting of the following:
Line or CAD drawings showing the location and materials of all planned installations plus
an Engineer's Estimate of all materials and construction methods;
Construction Specifications and Product Specifications for all planned installations;
Diagrams and Shop Drawings of proposed Equipment;
A complete and detailed inventory of all Equipment and other personal property of USER
actually placed on the Premises. CITY retains the right to survey the installed Equipment.
Construction Plans shall be easily readable and subject to prior written approval by CITY,
which shall not be withheld, conditioned or delayed without cause. In accordance with Section
ILe, above, CITY shall have sixty(60) days for collocations and ninety(90)days for new wireless
support structures to review and comment on the Construction Plans. If,within such time periods,
CITY directs that the Construction Plans need to be revised to comply with Laws including
generally reasonable health, safety and welfare regulations,no construction shall commence until
final approval is granted by CITY. Final Construction Plans shall have affixed to them the
signature of USER's engineer who shall be licensed in the State of Minnesota pursuant to
Minnesota Rule 1800.4200 and Minnesota Statutes Chapter 326.
b. Construction Scheduling
At least ten (10) business days prior to USER's construction mobilization, USER shall
conduct a meeting on the Property or other location as agreed upon. Said meeting shall at a
minimum be attended by a representative of CITY and all parties involved in the installation.
c. Construction Inspection
All construction activity shall be subject to inspection and approval by CITY. Inspection
may be performed at any time during the course of the construction activity reasonably determined
by CITY, at USER's expense. Construction work performed without approval of CITY will not
be accepted and shall be removed or uninstalled at USER's sole expense. USER shall be solely
responsible for all costs associated with said inspection and approval of Work by CITY.
d. Exposed Equipment
All Equipment affixed to a wireless support structure on the Premises which has exterior
exposure shall be as close to the color of the structure as is commercially available to the USER.
For exposed cables, wires or appurtenances, CITY reserves the right to require USER to provide
cables, wires or appurtenances in manufactured colors which are commercially available, in lieu
of painting.
e. Damage by USER
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Any damage to the Property, the Premises, or CITY's wireless support structures or
equipment thereon caused by USER in any manner shall be repaired or replaced at USER's
expense and to CITY's satisfaction.
f. As-Built Drawings
Within thirty (30) days after USER activates the Equipment, USER shall provide CITY
with an As-Built drawing in electronic file format compatible with CITY's record file system
consisting of As-Built drawings of the Equipment installed at the Premises and on any of the
Property, which shall show the actual location of all Equipment. Said drawings shall be
accompanied by a complete and detailed site survey of the Property and an inventory of all
Equipment.
g. Permits
USER may also be required to obtain from CITY, or the appropriate governing agency as
applicable,any and all permits required for a complete installation. Said permits shall include,but
not be limited to:Right of Way permit for obstruction or excavation of the ROW,Meter flooding,
Storm Water, etc. Applicable fees for any permits shall be borne by USER and USER shall be
bound by the requirements of said permits.
h. New Wireless Support Structures
If CITY permits USER to install a new wireless support structure in the ROW, such
wireless support structure shall not exceed fifty (50) feet above ground level, subject to local
zoning regulations, and shall be separated from other wireless support structures by a minimum of
300 feet, unless otherwise approved by CITY. If CITY permits USER to install a new wireless
support structure that replaces an existing wireless support structure that is higher than fifty (50)
feet above ground level, the replacement structure may be placed at the height of the existing
structure.
i. Routine Maintenance or Replacement
Notwithstanding anything herein to the contrary, USER may, without the approval of the
CITY, perform routine maintenance, or replace any part of USER's small wireless facility on the
Property with a facility that is substantially similar or smaller in size, weight,height, and wind or
structural loading than the small wireless facility being replaced. If such routine maintenance or
replacement activities will obstruct the ROW,USER shall provide notification to the CITY at least
ten(10)days in advance of such activities.
V. MAINTENANCE AND REPAIR OF EQUIPMENT
a. Property
CITY reserves the right to take any action it deems necessary, in its sole discretion, to
repair, maintain, alter, or improve the Property.
b. Structure Reconditioning and Repair
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(1) From time to time, CITY paints, reconditions, or otherwise improves or
repairs the Property or wireless support structures or improvements thereon ("Reconditioning
Work"). CITY shall reasonably cooperate with USER to carry out Reconditioning Work in a
manner that minimizes interference with USER's Approved Use.
(2) Except in cases of emergency,prior to commencing Reconditioning Work,
CITY shall provide USER with not less than thirty (30) days prior written notice thereof. Upon
receiving such notice, it shall be the sole responsibility of USER to provide adequate measures to
cover or otherwise protect the Equipment from the consequences of such activities, including but
not limited to paint and debris fallout. CITY reserves the right to require USER to remove all
Equipment during Reconditioning Work.
(3) During CITY's Reconditioning Work, and after approval by CITY in its
sole discretion, USER may maintain a mobile site on the Premises or on any land owned or
controlled by CITY in the immediate area of the Premises determined suitable by CITY. If the
Premises will not accommodate mobile equipment, it shall be USER's responsibility to locate
auxiliary sites.
(4) USER may request a modification of CITY'S procedures for carrying out
Reconditioning Work in order to reduce the interference with USER's Approved Use. If CITY
agrees to the modification, USER shall be responsible for all incremental cost related to the
modification.
• c. Premises
USER shall, at its own cost and expense, maintain the Equipment in good and safe
condition, and in compliance with applicable fire, health, building, and other life safety codes.
USER shall obtain from CITY any and all permits required for the purposes of maintaining
the Equipment. Applicable fees for any permits shall be borne by USER and USER shall be
bound by the requirements of said permits.
d. Notice of completion of Maintenance and Repair
CITY shall provide notice to USER when the Reconditioning Work has been completed,
after which USER may, at its own cost, remove any measures installed to cover of protect the
Equipment. Within ten(10)days of said notice,USER shall remove any mobile site placed on the
Premises or any other land owned by CITY or any auxiliary site within Eden Prairie.
VI. CONDITION OF PREMISES.
Where the Premises includes one or more CITY-owned wireless support structures, CITY
will keep and maintain the wireless support structures in good repair as required for its Primary
Use and in the ordinary course of business as its budget permits. CITY makes no guarantee as to
the condition of any Premises with regard to USER's intended use. If CITY determines,in its sole
discretion, that it is necessary to take down a CITY-owned wireless support structure on which
USER's Equipment is located pursuant to this Agreement, USER shall remove its Equipment
within thirty(30)days of CITY's written notice to do so.
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VII. TERM; RENTAL.
This Agreement shall be for a term often(10)years commencing upon the execution hereof
by both Parties provided, however, that if the term of any Supplement is still in effect at the
expiration of this Agreement, the terms and conditions of this Agreement shall continue to apply
to that Supplement until its expiration as if this Agreement were still in effect. Each Supplement
shall be effective as of the date of execution by both Parties (the "Effective Date"), provided
however, the term of each Supplement shall commence based upon the date USER commences
installation of the equipment on the Premises.In the event the date USER commences installation
of the equipment on the Premises falls between the 1st and 15th of the month, the term of the
Supplement shall commence on the 1st of that month and if the date installation commences falls
between the 16th and 31st of the month, then the term shall commence on the 1st day of the
following month (either the "Commencement Date"). On the Commencement Date of each
Supplement, rental payments shall commence and be due at a total annual rental as set forth in
each Supplement,to be paid to CITY as set forth below. CITY and USER acknowledge and agree
that the initial rental payment for each Supplement may not actually be sent by USER until ninety
(90)days after the Commencement Date.
To reimburse CITY for its costs related to the management of the Premises, USER shall
pay to CITY a Base Rent ("Base Rent") equal to One Hundred Seventy-Five and No/Dollars
($175.00) per year for rent and maintenance of each Premises (i.e., wireless support structure)
upon which USER has installed the Equipment.USER shall obtain electrical service from the local
utility.USER shall furnish and install an electrical meter at the Property,if required by the utility,
for the measurement of electrical power used by the USER's installation and shall pay the electric
service provider directly for the cost of electricity used by USER.
On all Supplements with a Commencement Date other than January 1,the first year's Base
Rent shall be prorated to the end of the year in which the Commencement Date occurs. Similarly,
for all Supplements that expire or otherwise terminate on a date other than December 31,the Base
Rent shall be prorated from the beginning of the year to the end of the month in which the
Supplement expires or otherwise terminates. Subsequent to the initial payment of pro-rated rents
in the year of the Commencement Date,the Base Rent due hereunder for all subsequent years shall
be paid prior to January first(1st)of each succeeding year.
The parties further acknowledge and agree that, pursuant to Minn. Stat. § 237.163, subd.
6, CITY may charge to USER, and USER shall pay to CITY, a reasonable fee in an amount to be
determined by CITY when USER causes CITY to incur costs as a result of actions or inactions of
USER.
Upon agreement of the Parties,USER may pay Base Rent by electronic funds transfer and
in such event,CITY agrees to provide to USER bank routing information for such purpose upon
request of USER.
VIII. EXTENSIONS.
The term of each Supplement shall be equal to the length of time that the Equipment is in
use, unless the Supplement is terminated pursuant to this Agreement. This Agreement may be
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extended three (3) additional five (5) year terms by mutual agreement between CITY and USER.
Any such extension shall be memorialized in writing. Absent an extension in writing this
Agreement shall terminate at the end of the then current term. The initial term and all extensions
under this Agreement or a Supplement shall be collectively referred to herein as the"Term."
IX. USE; GOVERNMENTAL APPROVALS.
USER shall use the Premises only for the Approved Use. It is understood and agreed that
USER's permission to use the Premises is contingent upon its obtaining and maintaining all of the
certificates,permits and other approvals (collectively the"Governmental Approvals")that may be
required by any Federal, State or other governmental authorities as well as a satisfactory structural
analysis, and a radio frequency analysis as stated in "ENVIRONMENTAL" below. CITY shall
cooperate with USER in its effort to obtain such approvals.In the event that(i)any application for
such Governmental Approvals should be fmally rejected; (ii) any Governmental Approval issued
to USER is canceled, expires, lapses, or is otherwise withdrawn or terminated; or (iii) USER
determines that such Governmental Approvals may not be obtained in a timely manner, USER
shall have the right to terminate the applicable Supplement.Notice of USER's exercise of its right
to terminate shall be given to CITY in accordance with the notice provisions set forth herein and
shall be effective upon the later of: (a) the receipt of such notice as set forth in NOTICE below;
(b) upon such later date as designated by USER; or (c) upon USER's removal of the Equipment
as required herein. All rents and costs paid to said termination date shall be retained by CITY.
Upon such termination, the applicable Supplement shall be of no further force or effect except to
the extent of the representations, warranties and indemnities made by each Party to the other
thereunder. Otherwise,the USER shall have no further obligations for the payment of rent to CITY
for the terminated Supplement.
X. INDEMNIFICATION.
Except to the extent claims or damages are due to or caused by the negligence or willful
misconduct of CITY not described in (ii), below, USER shall, to the extent permitted by law,
indemnify, defend and hold CITY harmless against any claim of liability or loss from personal
injury,death or property damage,in which the claim: (i)alleges a negligent or otherwise wrongful
act or omission of USER, its employees, agents, or independent contractors in installing,
maintaining, or repairing the Equipment or other use of the Property and/or the Premises, and
alleges that CITY is liable,without alleging any independent negligent or otherwise wrongful act
or omission on the part of CITY;or(ii)is based on CITY's negligent or otherwise wrongful act or
omission in entering into this Agreement or in failing to properly or adequately inspect or enforce
compliance with a term, condition, or purpose of this Agreement.
XL INSURANCE.
a. Notwithstanding any provision of this Agreement to the contrary, CITY and USER
each hereby release and waive all rights of subrogation against the other, its officers, directors,
employees and agents from any and all loss, damages or liability covered under any policy of
insurance required to be maintained by this Agreement, including deductibles or retentions,
notwithstanding that such loss, damages or liability may have arisen from the negligence,tortious
act or omission of the other party, or anyone for whom such party may be responsible, provided
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provision is effective onlyupon the condition that the applicable policyof insurance
however this p pp
which covers any such claim contains by endorsement a waiver of subrogation as to the other
party. Each Party shall provide to the other upon execution hereof a Certificate of Insurance
containing that contain an endorsement waiving subrogation as to the other Party
b. USER agrees that at its own cost and expense, it will maintain commercial general
liability insurance with limits of$4,000,000 per occurrence for bodily injury(including death)and
property damage and $4,000,000 general aggregate. USER will provide Certificates of Insurance
evidencing the coverage required and including CITY as an additional insured as its interest may
appear under this Agreement.The insurance policies shall be issued by a company(rated A:VII or
better by Best Insurance Guide) licensed, authorized or permitted to do business in the State of
Minnesota. The policies shall specify that the coverage will be the primary and noncontributory.
The policies shall also insure the indemnification obligation(s) contained in this Agreement and
any Supplement.
c. USER shall maintain worker's compensation insurance in compliance with the
statutory requirements of the state in which the Premises is located and Employer's Liability with
a limit of$1,000,000 each accident/disease/policy limit.
d. USER shall maintain Commercial Automobile Liability with a limit of$1,000,000
combined single limit each accident, which shall include coverage for all owned, hired and non-
owed vehicles.
e. USER shall maintain"All-Risk"or"Special Cause of Loss"property insurance for
fire, casualty, theft, vandalism, malicious mischief, etc. insuring the Equipment for not less than
full replacement value.
XII. LIMITATION OF LIABILITY.
CITY shall not be liable to the USER, or any of its respective agents, representatives,
employees for any lost revenue, lost profits, loss of technology, rights or services, incidental,
punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of
service, even if advised of the possibility of such damages, whether under theory of contract,tort
(including negligence), strict liability or otherwise.
XIII. ANNUAL TERMINATION.
Notwithstanding anything to the contrary contained herein,provided USER is not in default
hereunder beyond applicable notice and cure periods,USER shall have the right to terminate each
Supplement upon the annual anniversary of the Commencement Date provided that three (3)
months prior notice is given to CITY. Upon such termination,the applicable Supplement shall be
of no further force or effect except the representations, warranties and indemnities made by each
Party to the other thereunder shall survive and be enforceable after termination: Otherwise, the
USER shall have no further obligations for the payment of rent to CITY for the terminated
Supplement.
XIV. INTERFERENCE.
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USER agrees to install the Equipment of the type and frequency which will not cause
interference which is measurable in accordance with then existing industry standards to any
equipment of CITY or to other licensees of the Property which existed prior to the date this
Agreement is executed by the Parties. In the event any of the Equipment causes such interference,
and after CITY has notified USER in writing of such interference, USER will take all steps
necessary to correct and eliminate the interference,including but not limited to,at CITY's option,
powering down such Equipment and later powering up such Equipment for intermittent testing.
XV. REMOVAL AT END OF TERM.
USER shall,within ninety(90)days after any earlier termination of a Supplement,remove
its Equipment, conduits,fixtures and all personal property and restore the Premises to its original
condition, reasonable wear and tear excepted. CITY agrees and acknowledges that all of the
Equipment, conduits, fixtures and personal property of USER shall remain the personal property
of USER and USER shall have the right to remove the same at any time during the Term. All
wireless support structures, conduit and pole boxes are and shall remain property of CITY. If at
such time for removal USER fails to remove its equipment, CITY may remove the Equipment and
draw upon USER's letter of credit to reimburse CITY for its costs as provided in the following
paragraph. USER's failure to remove its equipment as provided in this paragraph shall also
constitute a Default under this Agreement and entitle CITY to immediately exercise any of the
remedies provided for in Article XXI.
The Parties acknowledge and agree that USER has procured and delivered to CITY an
irrevocable letter of credit ("Letter") in favor of CITY in the principal amount of Five Thousand
and 00/100 Dollars ($5,000.00)to secure USER's obligation herein to remove the Equipment. In
the event USER fails to remove the Equipment and restore the Property,reasonable wear and tear
and casualty damage excepted,CITY may do so.USER shall reimburse CITY for all costs incurred
by CITY in removing the Equipment and restoring the Property. CITY may draw upon the Letter
in an amount that will reimburse CITY for its costs. Any amount remaining will be refunded to
USER. If the Letter is insufficient to cover CITY's costs USER shall promptly pay to CITY the
deficiency.
XVI. NO REPRESENTATION OR WARRANTY- CONDITIONAL GRANT
CITY makes no representation or warranty regarding the condition of its title to the
Property or its right to grant to USER use or occupation thereof under this Agreement. The
approval granted herein is "as is." USER is entering into this Agreement and USER's use of the
Property is subject to USER's own investigation and acceptance. USER's rights granted pursuant
to this Agreement are subject and subordinate to all limitations, restrictions, and encumbrances
relating to CITY's interest in the Property that may affect or limit CITY's right to grant those
rights to USER.
XVIL ASSIGNMENT.
This Agreement and each Supplement under it may be sold, assigned or transferred by
USER without any approval or consent of CITY to the USER's principal, affiliates, subsidiaries
of its principal or to any entity which acquires all or substantially all of USER'S assets in the market
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defined by the FCC in which the Property is located by reason of a merger, acquisition or other
business reorganization.As to other parties,this Agreement and each Supplement may not be sold,
assigned or transferred without written consent of CITY, given in its sole discretion. USER shall
provide written notice of all sales, assignments or transfers within 60 days thereof. No change of
stock ownership, partnership interest, or, control of USER shall constitute an assignment
hereunder. In the event of any sale, assignment or transfer, USER shall not be relieved of any of
its obligations under this Agreement or any of the Supplements whose term has not expired or
otherwise terminated at the time of such sale, assignment or transfer.
XVIII.NOTICES.
All notices hereunder must be in writing and shall be deemed validly given if sent by
certified mail, return receipt requested or by commercial courier, provided the courier's regular
business is delivery service and provided further that it guarantees delivery to the addressee by the
end of the next business day following the courier's receipt from the sender, addressed as follows
(or any other address that the Party to be notified may have designated to the sender by like notice):
CITY: City of Eden Prairie
Attn: City Engineer
8080 Mitchell Road
Eden Prairie, MN 55344
USER: Verizon Wireless(VAW) LLC d/b/a Verizon Wireless
Attn:Network Real Estate
180 Washington Valley Road
Bedminster,New Jersey 07921
Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained
pursuant to the foregoing.
XIX. RECORDING.
CITY agrees to execute a Memorandum of each Supplement which USER may record with
the appropriate recording officer. The date set forth in the Memorandum is for recording purposes
only and bears no reference to commencement of either the Term or rent payments.
XX. DEFAULT.
In the event there is a breach by a Party with respect to any of the provisions of this
Agreement or a Supplement or its obligations thereunder,the non-breaching Party shall give the
breaching Party written notice of such breach. After receipt of such written notice, the breaching
Party shall have thirty (30) days in which to cure any breach,provided the breaching Party shall
have such extended period as may be required beyond the thirty (30) days if the breaching Party
commences the cure within the thirty (30) day period and thereafter continuously and diligently
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pursues the cure to completion. A Party's failure to cure a breach within the time period set forth
herein shall constitute a"Default".
XXI. REMEDIES.
In the event of a Default by either Party, without limiting the non-defaulting Party in the
exercise of any right or remedy which the non-defaulting Party may have by reason of such
Default,the non-defaulting Party may terminate this Agreement and/or the applicable Supplement
and/or may pursue any remedy now or hereafter available to the non-defaulting Party under the
law of the State of Minnesota. Further, upon a Default, CITY may at its option (but without
obligation to do so), perform USER's duty or obligation on USER's behalf, including but not
limited to the obtaining of reasonably required insurance policies. The costs and expenses of any
such performance by CITY shall be due and payable by USER upon invoice therefor.
XXII. ENVIRONMENTAL.
a. Upon Request of CITY, USER must obtain at USER's cost a radio frequency
interference study carried out by an independent professional radio frequency engineer ("RF
Engineer")showing that USER's use will not interfere with any existing,licensed communications
facilities, or CITY's licensed and unlicensed communications facilities. The RF Engineer shall
provide said evaluation to CITY and USER no later than thirty (30) days after frequencies are
provided by CITY. USER shall not transmit or receive radio waves at the Property until such
evaluation has been satisfactorily completed.
b. Upon request of CITY, USER shall hire an RF Engineer to conduct a radiation
survey of the Property following USER's initial RF transmissions on the Premises.USER shall be
responsible for all costs of such survey. USER shall provide a copy of the survey to CITY upon
its completion.
c. USER shall implement all measures at the transmission site required by FCC
regulations, including but not limited to posting signs and markings. CITY shall cooperate with
and permit USER to implement all reasonable measures in order for USER to fulfill its FCC
obligations. CITY agrees that in the event any future party causes the entire site to exceed FCC
Radio Frequency radiation limits, as measured on the Premises, CITY shall hold such future party
liable for all such later-arising non-compliance.
XXIII.CASUALTY.
In the event of damage by fire or other casualty to the wireless support structure or Premises
that cannot reasonably be expected to be repaired within forty-five (45) days following same or
which CITY elects not to repair,or if the wireless support structure or Property is damaged by fire
or other casualty so that such damage may reasonably be expected to disrupt USER's operations
at the Premises for more than forty-five (45) days, then USER may, at any time following such
fire or other casualty,provided CITY has not completed the restoration required to permit USER
to resume its operation at the Premises, terminate the Supplement upon fifteen (15) days prior
written notice to CITY.Any such notice of termination shall cause the Supplement to expire with
the same force and effect as though the date set forth in such notice were the date originally set as
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the expiration date of the Supplement. The Base Rent shall abate during the period of repair
following such fire or other casualty in proportion to the degree to which USER's use of the
Premises is impaired.
XXIV.APPLICABLE LAWS.
USER shall,at USER's sole cost and expense, comply with(a) all Laws to the extent that
they relate to USER's use of the Premises; and (b) all building codes requiring modifications to
the Premises due to the improvements being made by USER in the Premises. It shall be CITY's
obligation to comply with all Laws relating to the Premises in general. "Laws" means any and all
laws, regulations, ordinances, resolutions, judicial decisions, rules, permits and approvals
applicable to the subject of this Agreement or USER's use that are in force during the term of this
Agreement, as lawfully amended. This Agreement does not limit any rights USER may have in
accordance with Laws to install its own poles in the right of way or to attach USER's equipment
to third-party poles located in the right of way. This Agreement shall in no way limit or waive
either party's present or future rights under Laws.
XXV. MISCELLANEOUS.
This Agreement and the Supplements that may be executed from time to time hereunder
contain all agreements,promises and understandings between the CITY and the USER regarding
this transaction, and no oral agreement, promises or understandings shall be binding upon either
the CITY or the USER in any dispute, controversy or proceeding. This Agreement may not be
amended or varied except in a writing signed by all Parties. This Agreement shall extend to and
bind the heirs, personal representatives, successors and assigns hereto. The failure of either party
to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise
any of its rights hereunder shall not waive such rights and such party shall have the right to enforce
such rights at any time.The performance of this Agreement via each Supplement shall be governed
interpreted, construed and regulated by the laws of the state in which the Premises is located
without reference to its choice of law rules.
XXVI.CONDEMNATION.
If the whole or any part of the Property shall be taken by any public authority under the
power of eminent domain,or is sold to any entity having the power of eminent domain under threat
of condemnation,then the term of this Agreement or the applicable Supplements shall cease as of
the date of the granting of the petition or the date of taking or closing whichever is applicable. All
rentals and costs paid to said termination date shall be retained by CITY,but any obligation to pay
future rentals and costs shall cease.Any award, compensation,or damages, shall be paid to and be
the sole property of CITY, but nothing herein shall preclude USER from claiming against the
condemning authority with respect to moving expenses and loss of personal property, and
receiving an award therefor.
XXVII. DATA PRACTICES.
This Agreement and the Supplements are subject to the Minnesota Government Data
Practice Act,Minnesota Statutes Chapter 13 (Data Practices Act).All government data,as defined
15
4578280v2
in the Data Practices Act Section 13.02, Subd 7,which is created,collected,received,stored,used,
maintained, or disseminated by USER in performing any of the functions of the CITY during
performance of this Agreement or a Supplement is subject to the requirements of the Data Practice
Act and USER shall comply with those requirements as if it were a government entity.
Remainder of Page Intentionally Blank-Signatures on Following Page
16
4578280v2
IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their
respective seals the day and year first above written.
CITY:
City of Eden Prairie
By:
Ronald A. Case,its Mayor
Date:
AND
By:
Rick Getschow,its City Manager
Date:
USER:
Verizon Wireless(VAW)
d/b/a Verizon Wireless
By:
Name
•
Title: D$ Network PicId Eareaieg-
Date:
�z��9
17
4578280v2
EXHIBIT"A"
SUPPLEMENT TO STANDARD SMALL WIRELESS FACILITY COLLOCATION
AGREEMENT
1. This Supplement to Standard Small Wireless Facility Collocation Agreement
("Supplement"), is made this day of , 20_ between the City of Eden
Prairie, Minnesota, with its principal offices located at 8080 Mitchell Road, Eden Prairie, MN
55344 ("CITY"), and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, with its principal
offices located at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920
("USER").
•
2. Standard Small Wireless Facility Collocation Agreement. This Supplement is a
Supplement as referenced in that certain Standard Small Wireless Facility Collocation Agreement
between CITY and USER, dated , 20 , (the "Agreement"). All of the
terms and conditions of the Agreement are incorporated herein by reference and made apart hereof
without the necessity of repeating or attaching the Agreement. In the event of a contradiction,
modification or inconsistency between the terms of the Agreement and this Supplement,the terms
of this Supplement shall govern. Terms used in this Supplement shall have the same meaning
described for them in the Agreement unless otherwise indicated herein.
3. Premises. The Property owned by CITY is located at ; the
Premises approved by the CITY for USER's use hereunder is described on Exhibit"1" attached
hereto and made a part hereof.
4. Term. The Commencement Date and the Term of this Supplement shall be as set
forth in the Agreement.
5. Consideration. Annual Base Rent for this Supplement shall be$175,payable as set
forth in the Agreement. USER shall obtain electrical service directly from a utility as provided in
the Agreement.
6. Ownership and Maintenance. The following shall be owned and maintained by
CITY: . The following shall be owned and maintained by USER:
7. Site Specific Terms. (Include any site-specific terms)
[Remainder of Page Intentionally Blank-Signatures on Following Page]
18
4578280v2
IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their
respective seal the day and year first above written.
CITY:
City of Eden Prairie
By: [EXHIBIT ONLY-NOT FOR EXECUTION]
Print Name:
Title:
Date:
USER:
Verizon Wireless (VAW)LLC
d/b/a Verizon Wireless
By: [EXHIBIT ONLY-NOT FOR EXECUTION]
Print Name:
Title:
Date:
19
4578280v2
EXHIBIT 1
Premises(Include Map, Wireless Support Structure Diagram, Site Plan and Table Listing All
Wireless Support Structure Locations)
20
4578280v2
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar July 16, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Police Department Transfer of Retired Canine to Officer VIII.K.
Greg Weber, Police Chief
Requested Action
Move to: Transfer of Retired Canine to Officer.
Synopsis
The Police Department determined it was the appropriate time to retire the canine.
Ownership of the canine will be transferred to the officer.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar July 16, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Chief Greg Weber Consider the request for a Therapeutic VIII.L.
Police Department Massage Enterprise license to Royalty LLC
d/b/a JF Spa and two related Massage
Therapist license applications
Requested Action
Consider the request for a Therapeutic Massage Enterprise license to Royalty LLC d/b/a JF Spa and
Massage Therapist licenses to Guirong Ye and Ke Sun.
Synopsis
The City received an application from Royalty LLC d/b/a JF Spa for a Therapeutic Massage Enterprise
license to do business in the City of Eden Prairie along with applications for individual massage
therapist licenses from Guirong Ye and Ke Sun.
Background Information
Eden Prairie City Code Section 5.46 regulates Therapeutic Massage Enterprises and individual Massage
Therapists. Each applicant is required to have a background check completed by the Eden Prairie Police
Department.
The background investigation identified information which would disqualify Royalty LLC d/b/a JF Spa
from receiving a Therapeutic Massage Enterprise license and Guirong Ye and Ke Sun from receiving an
individual Massage Therapist license per City of Eden Prairie ordinance requirements.
A Resolution adopting Findings, Conclusions and Orders and denying the issuance of the licenses is
attached and will be made part of the official record, which supports a basis for denying the applications.
The applicants were notified by mail that the applications would be considered at tonight's meeting.
Staff recommends denial of these applications.
Attachments
Resolution to Adopt the Findings, Conclusions, and Orders
Exhibit A
Exhibit B
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2019-
RESOLUTION ADOPTING FINDINGS OF FACT, CONCLUSIONS OF LAW AND
ORDERS
ROYALTY LLC D/B/A JF SPA
GUIRONG YE
KE SUN
WHEREAS,the City Council has been presented with proposed Findings of Fact, Conclusions of
Law, and Order(attached hereto as Exhibit A)regarding an application submitted by Royalty LLC
d/b/a JF Spa for a Therapeutic Massage Enterprise License; and
WHEREAS,the City Council has been presented with proposed Findings of Fact, Conclusions of
Law, and Order (attached hereto as Exhibit B) regarding applications submitted by Guirong Ye
and Ke Sun for Massage Therapist Licenses; and
WHEREAS,the Findings of Fact, Conclusions of Law, and Orders, attached hereto as Exhibits A
and B, support a recommendation for denial of the applications.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EDEN PRAIRIE,that the Findings of Fact,Conclusions of Law,and Orders are hereby
adopted and the Council hereby denies the issuance of a Therapeutic Massage Enterprise License
to Royalty LLC d/b/a JF Spa, and denies the issuance of Massage Therapist Licenses to Guirong
Ye and Ke Sun.
ADOPTED by the City Council of the City of Eden Prairie this 16th day of July, 2019.
Ronald A. Case, Mayor
ATTEST:
Kathleen Porta, City Clerk
EXHIBIT A
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
THERAPEUTIC MASSAGE ENTERPRISE LICENSE APPLICATION FOR
ROYALTY LLC d/b/a JF SPA
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
FINDINGS OF FACT
1. Eden Prairie City Code ("City Code") Section 5.46, Subdivision 3.A requires a
Therapeutic Massage Enterprise License ("Enterprise License") in order to operate, engage in, or
carry on, within the City, massage services for the public for consideration.
2. City Code Section 5.46, Subdivision 6.A requires that applications for Enterprise
Licenses be made on forms provided by the City and that all information and questions be
answered fully and completely by the applicant.
3. City Code Section 5.46, Subdivision 5.A.1 provides that no Enterprise License shall
be issued to a person who:
j. Has been denied a therapeutic massage enterprise license by
the City within one (1) year of the date of the license
application.
k. Does not provide all information required by the application
or such other information as the City may require; or
1. Does not have one (1) or more massage therapists employed
by or affiliated with the therapeutic massage enterprise who
is licensed by the City at the time the therapeutic massage
license is issued.
4. City Code Section 5.46, Subdivision 5.A.2 provides that no therapeutic massage
enterprise shall be licensed if:
c. The property on which the enterprise is or is to be conducted
is owned by, operated by, or leased to a person who is
ineligible for a license, except that a property owner who is
under the age of 18 shall not make the premises ineligible
under this subparagraph.
5. The City's Enterprise License Application requires that, if the applicant is not the
owner of the building in which the business will be located,the applicant attach a copy of the lease
agreement for the building to the application.
6. The City's Enterprise License Application requires that an applicant for an
Enterprise License provide a list of all persons employed, or who the applicant intends to employ,
as Massage Therapists at the premises.
7. Royalty LLC d/b/a JF Spa ("Applicant") applied to the City of Eden Prairie for an
Enterprise License to operate JF Spa.
8. The Police Department received the application and conducted an investigation to
verify the information on the application pursuant to City Code Section 5.46, Subdivision 6.G.
9. The Applicant responded "no" to the question on the license application asking,
"Does the Applicant (Individual, Partnership, Corporation, LLC or Association) own the
building?"
10. The Applicant failed to attach a copy of the lease agreement for the building in
which it proposed to conduct the business.
11. As part of the investigation,it was discovered that the current lessee for the building
is Min Jin LLC and Cara Chang.
12. Min Jin LLC was denied an Enterprise License by the City in February 2019. Min
Jin LLC is therefore ineligible for an Enterprise License from the City.
13. The Applicant indicated on the Enterprise License Application that it intended to
employ as Massage Therapists Guirong Ye and Ke Sun. The City has denied individual Massage
Therapist Licenses to Guirong Ye and Ke Sun. Applicant has therefore not provided proof that it
has one or more massage therapists employed by or affiliated with the therapeutic massage
enterprise who is licensed by the City at the time the therapeutic massage license would be issued.
14. The Chief of Police recommends denial of Applicant's Enterprise License
Application because (a) Applicant failed to fully and completely provide all of the information
required by the application form; (b) the property on which the therapeutic massage enterprise is
proposed to be located is leased to a person who is ineligible for an Enterprise License; and (c)
Applicant failed to have one or more massage therapists employed by or affiliated with the
therapeutic massage enterprise who is licensed by the City at the time the therapeutic massage
license is issued.
2
CONCLUSIONS OF LAW
1. Applicant has not complied with City Code Section 5.46, Subdivision 6.A due to
its failure to fully and completely provide all of the information required by the application.
2. City Code Section 5.46, Subdivision 5.A.1.j and 5.A.2.c prohibit issuance of an
Enterprise License to Royalty LLC d/b/a JF Spa because the building on which the enterprise is
proposed to be located is owned by, operated by, or leased to a person who is ineligible for a
license.
3. City Code Section 5.46, Subdivision 5.A.1.k prohibits issuance of an Enterprise
License to Royalty LLC d/b/a JF Spa because it failed to provide all information required by the
application.
4. City Code Section 5.46, Subdivision 5.A.1.1 prohibits issuance of an Enterprise
License to Royalty LLC d/b/a JF Spa because it failed to have one or more massage therapists
employed by or affiliated with the therapeutic massage enterprise who is licensed by the City at
the time the therapeutic massage license is issued.
ORDER
Based on the foregoing Findings of Fact and Conclusions of Law, the City Council hereby
orders that:
1. The application for an Enterprise License filed by Royalty LLC d/b/a JF Spa is
hereby denied.
ADOPTED BY THE CITY COUNCIL this 16th day of July, 2019.
Ronald A. Case, Mayor
ATTEST:
Kathleen Porta, City Clerk
3
EXHIBIT B
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
MASSAGE THERAPIST LICENSE APPLICATIONS FOR
GUIRONG YE AND KE SUN
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER
FINDINGS OF FACT
1. Eden Prairie City Code ("City Code") Section 5.46, Subdivision 3.B requires a
Massage Therapist License ("Therapist License") in order to practice, administer, or provide
massage services to the public for consideration within the City.
2. City Code Section 5.46, Subdivision 6.A requires that applications for Therapist
Licenses be made on forms provided by the City and that all information and questions be
answered fully and completely by the applicant.
3. City Code Section 5.46, Subdivision 5.B.1 provides that no Therapist License shall
be issued to a person who:
e. Has knowingly misrepresented or falsified information on
the license application.
f. Is not affiliated with, employed by, or does not own a
therapeutic massage enterprise licensed by the City or a
Salon licensed by the State pursuant to Minnesota State
Statute 155A.29;
h. Does not provide to the City proof that he or she has
completed six hundred (600) hours of certified therapeutic
massage training from a bona fide school that has been
approved by the City, or has at least two (2) years of full-
time experience working as a massage therapist at a licensed
therapeutic massage enterprise or other licensed business
approved by the City;
j. Has had an interest in, individually or part of a firm,
association, partnership, corporation, limited liability
company, or joint venture, or has a massage-related license
that was revoked or suspended within the last five (5) years
of the date the license application is submitted to the City;
m. Does not provide all information required by the license
application or such other information as the City may
require.
4. The City's Therapist License Application requires the applicant to attach proof of
at least 600 hours of certified therapeutic massage training from an accredited institution approved
by the City, including an original transcript showing dates of training and name and address of the
training institute.
5. Guirong Ye ("Ye") and Ke Sun ("Sun") applied to the City of Eden Prairie for
Massage Therapist Licenses.
6. The Police Department received the Therapist License applications of Ye and Sun
and conducted an investigation to verify the information on the applications pursuant to City Code
Section 5.46, Subdivision 6.G.
Guirong Ye
7. Ye applied to the City of Eden Prairie for a Massage Therapist License to work at
Royalty LLC d/b/a JF Spa.
8. Royalty LLC d/b/a JF Spa is not a therapeutic massage enterprise licensed by the
City or a salon licensed by the state.
9. On her Therapist License Application, Ye answered "no" to the question "Have
you and/or any immediate family member had any interest in any previous therapeutic massage
license that was revoked, suspended or not renewed in the past 5 years?"
10. As part of the investigation, it was discovered that Ye had a massage enterprise
license and a massage therapist license revoked by the City of Brooklyn Park on August 24, 2017.
11. The Chief of Police recommends denial of the Massage Therapist License to
Guirong Ye due to: (a)Ye's lack of affiliation with, employment by,or ownership of a therapeutic
massage enterprise licensed by the City or a salon licensed by the state; (b) Ye's knowing
misrepresentation or falsification of information on the license application; and(c) the revocation
of massage-related licenses held by Ye within the last five (5) years of the date the license
application was submitted to the City.
Ke Sun
12. Sun applied to the City of Eden Prairie for a Massage Therapist License to work at
Royalty LLC d/b/a JF Spa.
13. Royalty LLC d/b/a JF Spa is not a therapeutic massage enterprise licensed by the
City or a salon licensed by the state.
14. With her Therapist License Application, Sun provided a certificate of completion
from LA Beauty School indicating that she completed "Therapeutic Massage Program-600
Hours." Sun failed to provide an original transcript from LA Beauty School showing dates of
training and name and address of the training institute.
15. Sun did not provide proof that she has at least two years of full-time experience
working as a massage therapist at a licensed therapeutic massage enterprise or other licensed
business approved by the City.
16. As part of the investigation, it was discovered that Sun was working at JF Massage
located at 3555 Plymouth Boulevard,Plymouth,MN("JF Massage") at the time of her application
to the City, and that Sun began working at JF Massage in February 2019.
17. Sun failed to list JF Massage in response to the question on the Application
requiring "Name and address of every massage therapy establishment you have owned, worked
for, or practiced at in the proceeding [sic] five years."
18. The Chief of Police recommends denial of the Massage Therapist License to Ke
Sun due to: (a) Sun's lack of affiliation with, employment by, or ownership of a therapeutic
massage enterprise licensed by the City or a salon licensed by the state; (b) Sun's failure to provide
proof that she has completed 600 hours of certified therapeutic massage training from a bona fide
school that has been approved by the City,or has at least two years of full-time experience working
as a massage therapist at a licensed therapeutic massage enterprise or other licensed business
approved by the City; and(c) Sun's failure to fully and completely to provide all of the information
required by the application form, specifically the name and address of a massage therapy
establishment she has worked for within the past five years.
CONCLUSIONS OF LAW
Guirong Ye
1. City Code Section 5.46, Subdivision 5.B.1.f prohibits issuance of a Therapist
License to Ye because she is not affiliated with, employed by, or does not own a therapeutic
massage enterprise licensed by the City or a salon licensed by the state pursuant to Minnesota State
Statute 155A.29.
2. City Code Section 5.46, Subdivision 5.B.1.e prohibits issuance of a Therapist
License to Ye because she knowingly misrepresented or falsified information on the license
application.
3. City Code Section 5.46, Subdivision 6.B.1.j prohibits issuance of a Therapist
License to Ye because she has had a massage-related related license that was revoked or suspended
within the last five years of the date the license application was submitted to the City.
Ke Sun
4. Sun has not complied with City Code Section 5.46, Subdivision 6.A due to her
failure to fully and completely provide all of the information required by the application.
5. City Code Section 5.46, Subdivision 5.B.1.f prohibits issuance of a Therapist
License to Sun because she is not affiliated with, employed by, or does not own a therapeutic
massage enterprise licensed by the City or a salon licensed by the state pursuant to Minnesota State
Statute 155A.29.
6. City Code Section 5.46, Subdivision 5.B.1.h prohibits issuance of a Therapist
License to Sun because she has failed to provide proof that she has completed six hundred (600)
hours of certified therapeutic massage training from a bona fide school that has been approved by
the City, or has at least two (2) years of full-time experience working as a massage therapist at a
licensed therapeutic massage enterprise or other licensed business approved by the City.
7. City Code Section 5.46, Subdivision 6.B.1.m prohibits issuance of a Therapist
License to Sun because she did not provide all information required by the license application.
ORDER
Based on the foregoing Findings of Fact and Conclusions of Law, the City Council hereby
orders that:
1. The application for a Massage Therapist License filed by Guirong Ye is hereby
denied.
2. The application for a Massage Therapist License filed by Ke Sun is hereby denied.
ADOPTED BY THE CITY COUNCIL this 16th day of July, 2019.
Ronald A. Case, Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE
SECTION: Consent Calendar July 16, 2019
DEPARTMENT/DIVISION ITEM DESCRIPTION ITEM NO.
Department Approve Changes to Eden Prairie VIII.M.
Scott Gerber/Fire Department Firefighter Relief Association(EPFRA)
Bylaws
Requested Action
Move to: Approve changes to Eden Prairie Firefighter Relief Association (EPFRA) Bylaws
Synopsis
Approve two changes to the EPFRA Bylaws
1. Increasing the survivor's benefit from $10K to equivalent to one (1) year of service (current
$12,400) for active FF's with less than one year of service. This is only paid out in the event of
an active firefighter death before completing one (1) year of service. This is paid to his/her
surviving spouse, surviving children, or designated beneficiary on file. This is a language that
did not get changed when the last change to the benefit was made in September, 2018.
2. The annual meeting of the association, for the election of Trustees and other business, shall be
held in June. This is a language change now that the Fire Department may not have an annual
business meeting every June.
The EPFRA Board has made a formal motion and approved the changes on June 27, 2019. The Eden
Prairie Firefighter Relief Association membership also made a formal motion and approved the changes
on June 27, 2019.
Attachment
EPFRA Bylaws
Eden Prairie
Firefighter Relief Association
FIRE
p,.1Y UoNim Cnt Ce41>
Est. {96?
EDEN
PRAIRIE
Id INNCSOTA
Bylaws
TABLE OF CONTENTS PAGE
ARTICLE I - NAME 1
ARTICLE II - PURPOSE 1
ARTICLE III - GENERAL DEFINITIONS 2
SURVIVING SPOUSE 2
FIDUCIARY RESPONSIBILITY 2
BENEFICIARY 2
BOARD OF TRUSTEES 2
CALCULATION OF QUALIFYING YEARS 2
BREAK IN SERVICE 3
YEARS OF ACTIVE SERVICE 3
ACTIVE SERVICE 3
TRUSTEES 3
DOMESTIC RELATIONS ORDER 3
PERSONAL LEAVE 4
MILITARY LEAVE 4
MEDICAL LEAVE 4
ARTICLE IV - MEMBERSHIP 5
QUALIFICATION FOR MEMBERSHIP 5
APPLICATION FOR MEMBERSHIP 5
TERMINATION OF MEMBERSHIP 5
CATEGORIES OF MEMBERSHIP 5
VOTING PRIVILEGES 6
ARTICLE V - BOARD OF TRUSTEES 7
COMPOSITION OF BOARD 7
TERMS OF TRUSTEES 7
OFFICERS OF BOARD 7
REMOVAL OF TRUSTEE OR OFFICER 8
ARTICLE VI - DUTIES OF OFFICERS 9
PRESIDENT 9
VICE- PRESIDENT 9
SECRETARY 9
TREASURER 10
TABLE OF CONTENTS PAGE
ARTICLE VII - MEETINGS 11
ANNUAL MEETING 11
REGULAR MEETINGS OF THE BOARD OF TRUSTEES 11
SPECIAL MEETINGS OF THE ASSOCIATION OR BOARD 11
QUORUM 11
REPORTS AND RESOLUTIONS 11
ADOPTION OF ROBERT ' S RULES 11
ORDER OF BUSINESS 12
LOCATION 12
ARTICLE VIII - INVESTMENTS 13
TRUSTEES' DUTIES 13
RESPONSIBILITIES OF TRUSTEES 13
INVESTMENT COMMITTEE 13
RESTRICTIONS TO BROKERS 13
EDUCATION PLAN 13
ARTICLE IX - PENSION BENEFITS 14
ACTIVE DUTY AND AGE REQUIREMENTS 14
DEFERRED MEMBER 14
PENSION BENEFIT 14
DEFINITION OF ACTIVE FIREFIGHTER 15
VOLUNTEER SEPARATION WHILE FULL-TIME FIRE DEPARTMENT EMPLOYEE 15
FUTURE INCREASES IN BENEFITS 16
APPLICATION FOR MONTHLY OR LUMP SUM BENEFIT 16
APPROVAL 16
NOTICE OF INTENT TO RETIRE 17
ARTICLE X - ANCILLARY BENEFITS 18
ELIGIBILITY 18
DISABILITY DEFINED 18
REPORTS REQUIRED 18
DISABILITY OR PENSION BENEFITS 18
PROOF OF DISABILITY 18
GRIEVANCE PROCEDURE 18
CALCULATION OF BENEFIT 19
ENTITLEMENT TO FUTURE INCREASES 19
ARTICLE XI - DEATH BENEFIT 20
ENTITLEMENT TO BENEFIT 20
TERMINATION OF CHILDREN ' S BENEFIT 20
ENTITLEMENT TO FUTURE INCREASES 20
TABLE OF CONTENTS PAGE
ARTICLE XII - APPLICATION FOR DISABILITY AND DEATH BENEFITS 21
DISABILITY BENEFIT APPLICATION 21
DEATH BENEFIT APPLICATION 21
ACTION ON APPLICATIONS 21
ARTICLE XIII - SUPPLEMENTAL BENEFIT 22
PAYMENT OF SUPPLEMENTAL BENEFIT 22
ARTICLE XIV - FUNDS 23
ALLOCATION 23
GENERAL FUND 23
SPECIAL FUND 23
METHOD OF DISBURSEMENT 23
DEPOSIT OF FUNDS 24
ARTICLE XV - TIMING AND MODES OF DISTRIBUTION 25
DISTRIBUTION CHOICES 25
IRA ROLLOVER 25
ARTICLE XVI - PROCEDURE FOR REVIEW 26
ENTITLEMENT TO APPEAL 26
UN-APPROVED APPLICATION 26
SPECIAL MEETING FOR APPEAL 26
ARTICLE XVII - LIMITS ON BENEFITS 27
DOMESTIC RELATIONS ORDER 27
GARNISHMENT, JUDGMENT OR LEGAL PROCESS 27
ASSIGNMENT OF BENEFITS 27
LIMITATIONS ON ANCILLARY BENEFITS 27
BENEFIT LIMITATIONS 27
ARTICLE XVIII - AMENDMENTS 28
AMENDING THE BYLAWS 28
ARTICLE XIX - NOTICE 28
AMENDMENT NOTICES 28
ARTICLE XX - EFFECTIVE DATE 29
ARTICLE XXI - EXHIBIT A 29
Article I - Name
The name of the relief association shall be the Eden Prairie Firefighter Relief Association .
Article II - Purpose
This instrument constitutes the bylaws of the Eden Prairie Firefighter Relief Association , hereinafter
referred to as "Association , " adopted for the purpose of regulating and managing the internal affairs of
the corporation and shall serve as the written pension plan for the Association . The Association is a
governmental entity that receives and manages public money to provide retirement benefits for
individuals providing the governmental services of fire fighting . The Association is a defined benefit
relief association subject to Minnesota statutes 69 . 771 to 69 . 774, 424A . 015 and 424A . 02 . The
objectives of the plan shall be to provide service pensions and ancillary benefits to members and
dependents of the Eden Prairie Fire Department, hereinafter " Fire Department" . These bylaws and
federal and state laws shall govern all benefits issued by this Association .
Eden Prairie Firefighter Relief Association Page 11
Article III - General Definitions
1 . Surviving Spouse
The term "surviving spouse" means any person who was the dependent spouse of a deceased
active member, deferred member, or retired former member living with the member at the time
of the death of the active member, deferred member, or retired former member for at least one
year prior to the date on which the member terminated active service and membership .
2 . Fiduciary responsibility
In the discharge of their respective duties, the officers and trustees shall be held to the
standard of care enumerated in Minn . Stat . 11A . 09 . In addition , the trustees must act in
accordance with Minn . Stat . 356A . No trustee of the Association shall cause the Association to
engage in a transaction , if the trustee knows or should know that a transaction constitutes one
of the following direct or indirect transactions :
a ) sale or exchange or leasing of any real property between the Association and a
board member
b ) lending of money or other extension of credit between the Association and a board
member or member of the Association
c) furnishing of goods, services, or facilities between the Association and a board
member
d ) transfer to a board member, or use by or for the benefit of a board member, of any
assets of the Association . Transfer of assets does not mean the payment of
Association benefits or administrative expenses permitted by law
3 . Beneficiary
Any person or estate entitled under this plan to receive a benefit upon the death of a participant .
4 . Board of Trustees
The Board of Trustees of the Association as specified under Minn . Stat . 424A . 04 . There shall be six
member elected trustees and three municipal trustees .
5 . Calculation of Qualifying Years
A year of service as an active firefighter for purposes of calculating the service pension shall mean
12 complete months . If a members' period of service as an active firefighter has not been
continuous, parts of years may be added together to calculate full years . In addition, parts of
months may be added together to calculate full months, provided , however, that in such a
calculation it shall be assumed that 30 days equals a full month .
Eden Prairie Firefighter Relief Association Page 12
6 . Break in Service
( a ) Break in Service . A break in service is the period of time in which a member does not
comply with the active service requirements of the Fire Department . A member will
not receive service credit with the Association for the period of a break in service . If a
member' s break in service is less than 60 days, active membership in the Association
will resume when the member returns to active service with the Fire Department .
A break in service does not include an approved leave of absence pursuant to these
bylaws or state law, except for Military Leave or Medical Leave defined in this Article III .
( b ) Return to Service . If a member has a break in service of 60 days or more and receives a
lump sum payment, and not a monthly service pension , and then resumes active
membership in the Fire Department and membership in the Association, the member
will be entitled to receive a lump sum payment for his subsequent period of service,
provided he completes a minimum of three years of subsequent service . The lump sum
for the subsequent period of service will be based on the lump sum then payable under
the Bylaws . Such payment shall have no effect on the member' s previous service
pension . In no event will the Association pay duplicate benefits for the same period .
Except as provided in this paragraph ( b ), a member who has a break in service of more
than 60 days and returns to active service will not receive any credit or earn an
additional benefit for a subsequent period of service .
The above rules for payment of an additional benefit for a subsequent period of service
do not apply to leaves of absence for which a member continues to receive service
credit during the leave under these bylaws .
( c) Effective Date . The changes in this Article 111 . 6 shall apply beginning September 18,
2018 to members who retire on or after such date .
7 . Years of Active Service
For purposes of computing benefits or service pensions payable, a year of service shall be defined
as a period of 12 full months of active service in the Fire Department .
8 . Active Service
Active Service is defined as the active performance of fire suppression or prevention duties or
the supervision of fire suppression or prevention duties . Performance of such suppression ,
prevention or supervision shall not qualify as "active service" unless the firefighter meets all
the rules and regulations of the Fire Department during such service .
9 . Trustees
The individuals designated as such by Minn . Stat . 424A . 04 .
10 . Domestic Relations Order
A domestic relations order is any judgment, decree or order ( including approval of a property
settlement agreement) that complies with the provisions of Minn . Stat . 518 . 58, 518 . 581 or
518A. 53 .
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11 . Personal Leave
An Active Member may be granted a personal leave of absence in accordance with the rules and
regulations of the Fire Department . No credit shall be given for the period of the leave of absence .
12 . Military Leave
An Active Member who takes a leave to serve in the military shall receive credit from the Relief
Association for his military service consistent with federal law . To be eligible for credit from the
Relief Association for his military service, the Member must return to active service with the Fire
Department and must not receive a dishonorable or bad conduct discharge from military
service .
13 . Medical Leave
An Active Member who takes a leave for a serious medical condition shall receive credit for up to
12 weeks of the leave consistent with the Family and Medical Leave Act or other applicable federal
or state law .
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Article IV - Membership
1 . Qualification for Membership
Any Active Member in good standing in the Fire Department shall be eligible to apply for
membership in the Association .
2 . Application for Membership
All Active Members of the Fire Department are eligible for membership in the Association .
Application for membership shall be made in writing on a form supplied by the Secretary of the
Association and reviewed by the Board of Trustees for compliance with federal/state statutory and
plan requirements within three (3 ) months of becoming an active member of the fire department .
No applicant may be excluded except if the member is under 18 years of age or has a medically
determinable physical or mental impairment or condition that would constitute a predictable and
unwarranted risk of imposing liability or an ancillary benefit at any age earlier than the minimum
age specified for receipt of a service pension .
3 . Termination of Membership
A member may be expelled from the Association for cause upon a two-thirds vote of all members
present at a regular or special meeting of the general membership, upon the occurrence of any of
the following events :
a ) termination or resignation from membership in the Fire Department prior to
completion of the number of years as an active firefighter required for a service
pension under these bylaws
b ) failure to comply with any provisions of these bylaws or any duly adopted rules
and regulations of the Association
c ) any other good cause for termination of membership as determined by the
Board of Trustees
4 . Categories of Membership
Members of this Association shall be classified in one of four categories : regular, deferred ,
retired or disabled . These categories are defined as follows :
a ) Active Member A member of the Association who is also an active firefighter of
the Fire Department
b ) Deferred Member: A member of the Association who has :
( i ) completed the number of years as an active firefighter required for a
service pension as provided in these bylaws
( ii ) completed a minimum of ten years as a member in good standing in
the Association
( iii ) has separated from service as an active firefighter before attaining
the earliest age for receipt of a service pension as provided in these
bylaws
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c ) Retired Member: A member of the Association who is drawing a monthly service
pension under applicable statutes and the bylaws of this Association .
d ) Disabled Member A member of this Association who is receiving a disability
benefit under applicable statutes and the bylaws of this Association .
5 . Voting privileges
Each member shall be entitled to one vote on any matter voted upon by the membership .
Voting by proxy is not permitted . All votes, unless specified prior to the vote , shall be
conducted by a voice vote . If a majority cannot be determined by voice vote, the Officer in
Charge of the vote shall ask for a show of hands .
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Article V - Board of Trustees
1 . Composition of Board
The Board of Trustees shall consist of nine trustees .
a ) Member Elected Trustees : Six of the trustees shall be elected at the annual
meeting of the Association from the Association ' s active members and shall
serve for terms as specified in this Article, or until their respective successors
have been elected . One of the six elected members of the Board of Trustees may
be a retired member, receiving a monthly service pension , who is elected by the
membership of the Association . If there is not a retired member to fill the
position of trustee , then that position may be filled by an active member .
b ) Municipal Trustees : The three municipal trustees shall be one elected municipal
official and one elected or appointed municipal official who are designated as
municipal representatives by the City of Eden Prairie annually and the chief of
the Fire Department . Municipal trustees shall have all rights, duties and
responsibilities of regular trustees, including voting rights .
2 . Terms of Trustees
Two member elected trustees shall be elected for three -year terms at each annual meeting of
the Association . If a vacancy of a trustee position occurs, that position shall be filled by election
at a special meeting of the Association within thirty- one days of becoming vacant . Any member
elected trustee elected to fill an un - expired term shall serve the length of that un -expired term .
Any member elected trustee , upon retirement from the Fire Department, must relinquish the
trustee ' s office until an election is held to determine who shall hold that office . The elected or
appointed municipal trustees shall be designated annually by the City, except for the chief of
the Fire Department, who is appointed by statute .
3 . Officers of Board
At the first meeting of the Board of Trustees held after the annual meeting of the members of
the Association , the Board shall elect from the six member elected trustees a President, Vice-
President, Secretary and Treasurer . Each of the officers shall serve for a term of one year or
until the officer ' s successor has been elected .
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4 . Removal of Trustee or Officer
A trustee ( other than a municipal trustee ) may be removed from the office of trustee for the
following reasons :
a ) breach of the duties of a trustee as specified in these bylaws
b ) failure to maintain membership in good standing in the Association or the Fire
Department, including a suspension from the Association or Fire Department
c ) other good cause
Removal of a trustee may occur by a vote of two -thirds of those present at a meeting of the
membership . Notice of the meeting at which removal is to be considered , shall be given to
each member and shall include the purpose of considering removal . The Trustee shall be given
an opportunity to be heard as to each charge . if the Trustee is removed , a replacement shall be
elected and shall serve for the un - expired portion of the term of the removed Trustee .
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Article VI - Duties of Officers
1 . President
The duties of the Association President are as follows :
a ) Attend and preside at all meetings of the Association and of the Board of Trustees .
b ) Supervise the affairs of the Association .
c) Take all appropriate steps to enforce the due observance of the state and federal
laws that apply to the Association , the Articles of Incorporation and the bylaws .
d ) Sign all checks issued by the Treasurer and all other papers, which require the
President ' s signature .
The President may receive a salary as fixed from time to time by the Board of Trustees, subject
to approval of the Association , and payable from the Special Fund of the Association .
2 . Vice-President
The duties of the Association Vice- President are as follows :
a ) Perform the duties of the President in the President ' s absence .
b ) All other duties assigned to the Vice- President by the President .
3 . Secretary
The duties of the Association Secretary are as follows :
a ) Keep a true and accurate record of the proceedings of all meetings of the
Association and of the Board of Trustees .
b ) Keep a correct record of all amendments to the Articles of Incorporation and the
bylaws .
c ) Provide all due notice of special meetings of the Association and the Board of
Trustees .
d ) Keep a roll of membership , including all information necessary to determine the
pension and benefit status of each member of the Association .
e ) Sign all orders for payment issued to the Treasurer, and jointly with the
Treasurer, prepare and file all reports and statements required by law .
The Secretary may receive a salary as fixed from time to time by the Board of Trustees, subject
to approval of the Association , and payable from the Special Fund of the Association .
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4 . Treasurer
The duties of the Association Treasurer as follows :
a ) Keep separate, distinct and complete accounts of the Special and General Funds,
including a detailed statement of the assets and liabilities of each fund . Such
accounts and statements shall be presented at each meeting of the Board of
Trustees, and shall be made available to members prior to the annual meeting of
the Association .
b ) Jointly with the Secretary, the Treasurer shall prepare and file all reports and
statements required by law .
c ) At the expiration of the Treasurer ' s term of office or the Treasurer ' s termination
from the position of Treasurer in accordance with these bylaws, whichever
occurs first, the Treasurer shall immediately deliver to the Board of Trustees or
the Treasurer ' s successor in office , all monies, books, papers, and other items
pertaining to the Treasurer ' s office .
d ) Prior to entering upon the duties of office, the Treasurer shall give a bond in such
amount and with such sureties as are required by law and approved by the
Board of Trustees, conditioned upon the faithful discharge of the Treasurer ' s
trust and the faithful performance of the duties of the Treasurer ' s office . The
premium for this bond shall be paid from the Special Fund of the Association .
The amount of the bond will be equal to at least 10% of the assets of the
Association ; however, the amount of the bond need not exceed $ 500, 000 . 00 .
The Treasurer may receive a salary as fixed from time to time by the Board of Trustees, subject
to approval of the Association , and payable from the Special Fund of the Association .
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Article VII - Meetings
1. Annual Meeting
The annual meeting of the Association, for the election of Trustees and other business, shall be
held in June, immediately prior to the Fire Department's business meeting. Subject to waiver, a
notice of every annual meeting or special meeting shall be sent by the Secretary via U.S. mail,
e-mail, personal delivery or by any other delivery that conforms to law to each member at least
ten (10), but not more than thirty (30) days, before the meeting, excluding the date of the
meeting. Notice by U.S. mail shall be deemed given when deposited in the U.S. mail with
sufficient postage affixed. Such notice shall set forth the date, time, place and in case of a
special meeting,the purpose.
2. Regular Meetings of the Board of Trustees
The Board of Trustees shall meet at least six times during each year. Subject to waiver, a notice
of every Board of Trustees' meeting shall be sent by the Secretary via U.S. mail, email, personal
delivery or by any other delivery that conforms to law to each Trustee at least five (5) , but not
more than thirty (30) days, before the meeting, excluding the date of the meeting. Notice by
U.S. mail shall be deemed given when deposited in the U.S. mail with sufficient postage affixed.
Such notice shall set forth the date, time, place and in case of a special meeting, the purpose.
3. Special Meetings of the Association or Board
Special meetings of the Association or of the Board of Trustees may be called by the President
or two members of the Board of Trustees and shall also be called upon written request of six (6)
or more members of the Association. The Secretary shall notify members and trustees of such
special meetings, and the purpose of the meeting shall be contained in such notice.
4. Quorum
A majority of the Board of Trustees then in office and thirty percent (30%) of all members of the
Association shall constitute a quorum for the transaction of business at their respective
meetings. Less than a quorum may adjourn a meeting to a future time, which the Secretary
shall make known to the affected members.
5. Reports and Resolutions
All reports and resolutions shall be submitted in writing and no report shall be accepted unless
it is the report of a majority of a committee, provided, however, that a minority shall be
permitted to present its views in writing.
6. Adoption of Robert's Rules
• All meetings of the Association and Board of Trustees shall be conducted according to Robert's
Rules of Order, as revised.
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7 . Order of Business
The order of business at meetings of the general membership shall be :
a ) Call to order
b ) Roll call
c) Reading of minutes of previous meetings
d ) Reading of reports and minutes of Board of Trustees ' meetings
e ) Reports of Officers
f) Membership applications
g ) Reports of special committees
h ) Unfinished business
i ) Election of Officers or Trustees ( annual meeting )
j ) New business
k) Adjournment
8 . Location
A meeting of the Board of Trustees shall be held at the registered office of the Association ,
unless notice is made public for another place within the state as designated by the board .
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Article VIII - Investments
1. Trustees'Duties
Trustees shall discharge their duties in good faith and with that diligence and care which an
ordinarily prudent person would exercise under similar circumstances. Each trustee shall
become familiar with the standards of care and the standards of a fiduciary as specified by law.
2. Responsibilities of Trustees
It shall be the duty of the Board of Trustees to prepare modes and plans for the sale and
profitable investment of the un-appropriated funds of the Association, and whenever
investments are made, to investigate and pass upon the securities offered, and to attend to the
drawing and execution of the necessary papers. The Board shall order an audit of the books
and accounts of the Secretary and Treasurer annually, according to law, and shall submit a
written report of the condition of the Association to the members at the annual meeting. The
investment of the funds of the Association shall be in the exclusive control of the Board of
Trustees, in conformance with state statutes, the bylaws and the investment policy attached
hereto. The Board of Trustees shall meet with the Investment Committee. The members of the
Board shall act as trustees with a fiduciary obligation to the State of Minnesota, to the City of
Eden Prairie and the members of the Association.
3. Investment Committee
The investment committee shall consist of the Treasurer, the President and an Ex-officio
member, as well as two or more Association members as designated by the trustees. The
investment committee shall investigate and make recommendations to the Board of suitable
investments for Association funds among those permitted by State of Minnesota statutes, the
bylaws and the investment policy attached hereto.
4. Restrictions to Brokers
The Board of Trustees shall comply with Minnesota Statutes 356A.06, Subd. 8b that requires
the Relief Association to provide annually to any brokers, a written statement of investment
restrictions pursuant to State Statute or the Investment Policy that apply to the special fund.
Upon receipt of the written statement of investment restrictions, each broker handling
investments of the Association shall acknowledge, in writing annually, the receipt of the
investment restrictions. The acknowledgment shall contain a statement of the brokers'
agreement to handle the Association's investments pursuant to the written restrictions.
5. Education Plan
The Board of Trustees shall develop and periodically revise a plan for continuing education for
all members and officers of the Board of Trustees in order to ensure that trustees keep abreast
of their fiduciary responsibilities.
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Article IX - Pension Benefits
1 . Active Duty and Age Requirements
To be eligible to receive a service pension , a member must meet all of the following
requirements :
a ) Be at least fifty ( 50 ) years of age
b ) Has separated from active service with the Fire Department
c ) Has completed at least ten ( 10 ) years of active service with such
Fire Department before retirement
d ) Has been a member of the Association in good standing at least
ten ( 10 ) years prior to such retirement
2 . Deferred Member
A member of the Association , who has performed active service of ten ( 10 ) years or more, but
has not reached the age of fifty ( 50 ) years, shall be placed on the deferred pension roll of the
Association . After they have reached the age of fifty ( 50 ) years, the Association shall , upon
their application therefore, pay their pension from the date the application is approved by the
Association . The member shall be paid the service pension in accordance with Article IX,
Section 3 .
3 . Pension Benefit
Each member is entitled to either a monthly service pension benefit or a lump sum service
pension benefit calculated as follows :
Monthly Service Pension
Effective 01/01/2005 : A monthly service pension shall
be calculated by multiplying $48. 00 times each year that
the member has been an active firefighter in the Fire
Department and member in good standing of the Relief
Association, up to a maximum pension of $ 1536. 00.
Effective 01/01/2006: A monthly service pension shall
be calculated by multiplying $50. 00 times each year that
the member has been an active firefighter in the Fire
Department and member in good standing of the Relief
Association, up to a maximum pension of $ 1600. 00.
Effective 01/01/2007: A monthly service pension shall
be calculated by multiplying $52 . 00 times each year that
the member has been an active firefighter in the Fire
Department and member in good standing of the Relief
Association, up to a maximum pension of $ 1664. 00.
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Effective 01/01/2008 : A monthly service pension shall
be calculated by multiplying $54 . 00 times each year that
the member has been an active firefighter in the Fire
Department and member in good standing of the Relief
Association, up to a maximum pension of $ 1728. 00.
Effective 01/01/2009 : A monthly service pension shall
be calculated by multiplying $56. 00 times each year that
the member has been an active firefighter in the Fire
Department and member in good standing of the Relief
Association, up to a maximum pension of $ 1792 . 00.
Lump Sum Service Pension :
A lump sum service pension shall be calculated as follows :
( i ) For the period prior to 2011 : 100 times Years of Service times monthly
rate at the time of retirement .
( ii ) For the period from 2011 through May 31 , 2013 : 150 times Years of
Service times monthly rate at the time of retirement .
( iii ) For the period from June 1, 2013 through September 27, 2018 :
$ 10, 000 . 00 per Year of Service .
( iv ) For the period beginning September 18, 2018 and thereafter $ 12, 400 . 00
per Year of Service
4 . Definition of Active Firefighter
A period of time cannot be used to calculate a monthly or lump sum service pension unless
during the entire period of time the member satisfies the qualification of " active service" , as
found in Article III , paragraph 8 of these bylaws .
5 . Volunteer Separation while Full- Time Fire Department Employee
Notwithstanding any by- law to the contrary, the Association may pay or continue paying a service
pension or disability benefit to a member who has not separated from "active service" as defined
herein with the Fire Department if:
a ) The Member is employed by the City of Eden Prairie to perform duties within
the Fire Department on a full -time basis subsequent to retirement as a volunteer
firefighter, and
b ) The City Manager or the Fire Chief has filed a determination with the
Association ' s Board of Trustees that the Member' s experience with and service
to the Fire Department in that Member' s full -time capacity would be
difficult to replace, and
c ) The Member otherwise meets the requirements of Minnesota Statutes,
Chapter 424A, including Minnesota Statute 424A . 02, subd . 1 , and is authorized
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to receive a service pension or disability benefit .
6 . Future Increases in Benefits
Retired and Deferred members who have credit for at least fifteen ( 15 ) years of service as an
active firefighter with the Fire Department, shall receive all approved increases in the monthly
service pension applicable to that member ' s number of years of active firefighting service .
Retired members who have elected to receive a lump sum pension payment shall not be
eligible for any such increases .
7 . Application for Monthly or Lump Sum Benefit
After retirement as an active firefighter with the Fire Department, a member shall make
application for a service pension to the Board of Trustees . The application shall also include an
irrevocable election by the member of either a monthly service pension or lump sum service
pension , but not both . All applications for pensions shall be submitted to the Board of Trustees
at a regular or special meeting of the Board , and shall contain the following information :
a ) the age of the applicant
b ) the period of time the member performed duties as an active
firefighter for the Fire Department
c ) the member ' s number of years of membership in good
standing of the Association
d ) the date the member retired as an active firefighter from the
Fire Department
e ) such other and further information as the Board of Trustees
may require
8 . Approval
It shall be the duty of the Board of Trustees to approve applications for service pensions if the
applicant meets all of the eligibility requirements set forth in these bylaws . It shall also be the
duty of the Board not to approve the application if any of the eligibility requirements are not
met . If an application is not approved , the Board shall return the application to the applicant
within thirty ( 30 ) days, noting thereon , with particularity, which requirements the applicant
does not meet . Thereafter, the applicant shall be furnished with the opportunity to be heard
by the full Board in accordance with the review procedure contained in these bylaws, within the
next thirty ( 30 ) days, on the question of whether the applicant meets all the requirements . If
the application is approved , the service pension shall be paid in the manner requested by the
applicant pursuant to Article XIV, Timing and Modes of Distribution .
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9 . Notice of Intent to Retire
It shall be the duty of each member who intends to retire and request a service pension from
the Association , to file a notice of intent to retire . Such notice shall be in writing and shall be
filed with the Secretary not less than three ( 3 ) months prior to the date of retirement and
submission of application for service pension . Upon receipt of such notice of the intent to
retire , the Secretary shall provide any notices to the applicant as required by state or federal
law with respect to pension or benefit payments .
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Article X - Ancillary Benefits
1. Eligibility
A member, who is disabled with a fire service related disability, shall be eligible to collect a
disability benefit. The member shall be eligible to receive the disability benefit immediately
upon approval of the Board of Trustees.
2. Disability Defined
Disability is defined as the inability to engage in performance of all essential duties as a
firefighter by reason of a medically determinable physical or psychological impairment that
arose out of and is caused by an injury or sickness incurred in the line of duty and is certified by
a physician, surgeon or chiropractor acceptable to the Board of Trustees, which can be
expected to last for a continuous period of not less than twelve (12) months or can be expected
to result in death.
3. Reports Required
No member shall be paid disability benefits except upon the written report of a physician,
surgeon or chiropractor. This report shall set forth the diagnosis and prognosis of the disability,
disease or injury of the member. Each such report shall be filed with the Association.
4. Disability or Pension Benefits
Any such disability benefit paid in accordance with this section shall be in lieu of all rights to
further service pension and survivor's benefits during the period that it is being paid. A
disability benefit shall be considered a normal service pension after age fifty (50) for any
member with at least ten (10) years of active service.
5. Proof of Disability
An applicant shall not be considered under a disability unless the member furnishes adequate
proof of the existence thereof. An applicants' statement as to pain or other symptoms will not
alone be conclusive evidence of disability as defined in this article.
6. Grievance Procedure
If the applicant for disability benefits feels that he/she has been aggrieved by any action of the
Board, the member shall, within sixty (60) days from notice of such action of the Board, file
written objections and the reasons thereof with the Board and shall be allowed to appeal the
determination pursuant to the review procedure in these bylaws.
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7 . Calculation of Benefit
In the event a member incurs a disability as defined in this article , the Association shall pay to
such member a monthly disability payment, for the time of such disability . The monthly
disability benefit shall be equal to the monthly service pension to which the member would
have been entitled at age fifty ( 50 ) without regard to whether the member has attained the
minimum number of years of active firefighting service and Association membership specified
by these bylaws .
8 . Entitlement to Future Increases
A member currently receiving a disability benefit shall receive all approved increases in the
monthly service pension applicable to that member ' s number of years of active firefighting
service .
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Article XI - Death Benefit
1. Entitlement to Benefit
In the event of the death of an Active or Deferred member of the Association, the surviving
spouse, if any, shall be paid one hundred (100%) percent of the lump sum benefit for each year
of service. If such member who has no surviving spouse leaves a surviving child or children,
such child or children as a group shall be paid one hundred (100%) percent of the lump sum
benefit for each year of active service. If such member has no spouse and no surviving children
but has a designated beneficiary on file, such beneficiary shall be paid one hundred (100%)
percent of the lump sum benefit for each year of active service. If such member has no spouse,
no surviving children, and no designated beneficiary, the member's estate shall be paid one
hundred (100%) percent of the lump sum benefit for each year of active service. Such death
benefits are payable without regard to minimum or partial vesting requirements.
If an Active member dies before completing one year of active service, the Association shall pay
a death benefit of ten thousand ($10,000) dollars to his/her surviving spouse, surviving children
or designated beneficiary on file; in the same order and procedure as described above.
In the event of the death of a Retired association member, receiving a monthly pension benefit,
the surviving spouse, if any, shall be paid monthly, until their remarriage or death, two-thirds
(2/3) of the Retired members monthly service pension for each year of active service. If such
member leaves a surviving child or children, in addition to a spouse, such child or children, in
the aggregate, shall be paid, monthly, the sum of one-third (1/3) of the monthly service pension
for each year of active service. If such member is survived only by a child or children, such child
or children, in the aggregate, shall be paid, monthly, the sum of one hundred (100%) percent of
the monthly service pension for each year of active service.
2. Termination of Children's Benefit
Benefit payments to or on behalf of a surviving child shall cease when the child reaches the age
of eighteen (18) or, in the case of any child who furthers his or her education, by attending
college or technical school, when that child graduates with his/her undergraduate degree or
technical degree, quits school, reaches the age of twenty-two (22), or fails to provide proof of
current educational enrollment, whichever occurs first. Any child furthering his or her
education and wishing to qualify for benefits must produce annually, in a form satisfactory to
the Board of Trustees, proof that the child is a full-time student in a college or trade school.
3. Entitlement to Future Increases
Death benefits payable to a surviving spouse or children shall be increased to the extent that
the monthly service pension is increased for current members who have the same number of
active years of service as the deceased member.
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Article XII - Application for Disability and Death Benefits
1. Disability Benefit Application
All applications for disability benefits shall be submitted to the Board of Trustees in writing, on
forms furnished by the Secretary, at a regular or special meeting of the Board. The application
shall be accompanied by a certificate from a physician, surgeon or chiropractor setting forth the
findings regarding whether the member has a qualifying disability. The physician, surgeon or
chiropractor's opinion shall also include findings regarding the nature and probable duration of
the illness or injury, the cause thereof, the length of time the applicant has been and will be
unable to perform any of the essential duties as an active firefighter, and an estimate of the
time at which the applicant will be able to return to the duties as an active firefighter. The
Board of Trustees, in its discretion, may require an independent medical examination, at the
Association's expense, to review the qualifications of the member for a disability benefit.
2. Death Benefit Application
Applications for benefits by surviving spouses and children shall be submitted to the Board of
Trustees in writing, on forms furnished by the Secretary, at a regular or special meeting of the
Board. The application shall include the date and cause of death, a certified marriage
certificate for a surviving spouse and certified birth certificate for a surviving child, plus such
other and further information as the Board of Trustees deems appropriate.
3. Action on Applications
No disability or death benefits shall be paid until the application therefore has been approved
by a majority vote of the Board of Trustees. Decisions of the Board shall be final as to the
payment of such benefits and shall be based upon the criteria established in these bylaws and
applicable law.
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ARTICLE XIII — SUPPLEMENTAL BENEFIT
1 . Payment of Supplemental Benefit
Upon the payment by the Association of a lump - sum distribution to a qualified recipient, the
Association must pay a supplemental benefit to the qualified recipient . A qualified recipient is
an individual who receives a lump sum distribution of pension benefits from the Association for
service as a volunteer firefighter . Notwithstanding any law to the contrary, the Association may
pay the supplemental benefit out of its Special Fund . The amount of this benefit equals ten
( 10% ) percent of the regular lump -sum distribution that is paid on the basis of service as a
volunteer firefighter . In no case may the amount of the supplemental benefit exceed one -
thousand ( $ 1, 000 ) dollars .
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Article XIV - Funds
1 . Allocation
All money received from the Association shall be kept in two separate funds . Disbursements
from the funds shall be in accordance with Minnesota Statutes and rules and bylaws of the
Association .
2 . General Fund
The funds received by the Association from dues, fines, application fees, entertainment and
other miscellaneous sources shall be kept in the General Fund of the Association , on the books
of the Treasurer, and may be disbursed to conduct the routine business of the Association or
for any purpose reasonably related to the welfare of the Association or its members, as
authorized by the Board or the general membership . Expenditures greater than $ 500 . 00
require approval by a majority of the members present and voting at any annual or special
meeting of the members .
3 . Special Fund
All funds received by the Association qualifying as state aid received pursuant to law, all taxes
levied by or other revenues received from the city present to law providing for municipal
support for the Association , any moneys or property donated , given , granted or devised ,
excluding fund - raiser proceeds, by any person which is specified for the use for the support of
the Special Fund , and any interest earned on the assets of the Special Fund . Any tax sources
and other money which may be directly donated or transferred to said fund , shall be kept in a
separate account on the books of the Treasurer known as the Special Fund and shall be
dispersed only for the following purposes :
a ) payment of members' service pension benefits in accordance with
state law and with these bylaws
b ) payment of ancillary benefits in accordance with state laws and
these bylaws
c ) payment of supplemental benefits in accordance with state law and
these bylaws
d ) administrative expenses as limited by Minn . Stat . 69 . 80
All other expenses of the Association shall be paid out of the General Fund .
4 . Method of Disbursement
No disbursement of funds of this Association shall be made except by checks drawn by the
Treasurer and countersigned by the President except when issued for salaries, pensions and
other fixed charges, the exact amount of which has previously been determined and authorized
by the Board of Trustees ( or members, in case of disbursement from the General Fund ) . In no
event shall a disbursement be issued until the claim to which it relates has been approved by
the Board of Trustees . Disbursement also may be made by electronic fund transfers so long as
the Treasurer and President have previously authorized such transfers .
Eden Prairie Firefighter Relief Association Page 123
5 . Deposit of Funds
All money belonging to the Association shall be deposited to the credit of the Association in
such banks, trust companies, saving and loan associations or other depositories as the Board of
Trustees may designate . The Board of Trustees shall make deposits in conformance with state
statutes, the bylaws and the investment policy .
i
I
Eden Prairie Firefighter Relief Association Page 124
Article XV - Timing and Modes of Distribution
1 . Distribution Choices
Members who choose a monthly service pension shall be governed by Article IX, Section 3 ( a ) .
A member who chooses a lump sum pension option shall be offered the following benefit
payment methods :
a ) a single lump sum payment payable to the eligible retiree
b ) rollover to an IRA account pursuant to Article XV, Section 2
2 . IRA Rollover
Upon written request from the retiring member who has given proper notice of retirement, the
Secretary or Treasurer shall directly transfer the service pension amount into an Individual
Retirement Account under Section 408 ( a ) of the Internal Revenue Code , as amended .
Eden Prairie Firefighter Relief Association Page 125
Article XVI - Procedure for Review
1 . Entitlement to Appeal
In the event that the Board of Trustees denies an application for a service or ancillary pension
benefit, the member shall be entitled to the right to appeal the determination .
2 . Un-approved Application
If an application is not approved , the Board shall return the application to the applicant within
thirty ( 30 ) days, noting thereon , with particularity, which requirements the applicant does not
meet . Thereafter, the applicant shall be furnished with the opportunity to be heard by the full
Board , on the question of whether the applicant meets all of the eligibility requirements . The
member shall appeal by furnishing the Board with a written intent to appeal that is filed with
the Secretary of the Association within thirty ( 30 ) days of receiving an adverse determination .
The intent to appeal shall be certified by the member .
3 . Special Meeting for Appeal
The Board of Trustees shall hold a special meeting within sixty ( 60 ) days of receipt of the
written intent to appeal . Timely notice of the meeting shall be given to the member at least
fifteen ( 15 ) days prior to the special meeting . The member shall have the reasonable
opportunity to be heard by the Board of Trustees at the special meeting with regard to the
negative determination . The Board reserves the right to engage the services of a mediator,
acceptable to both parties, at any time during the appeal . The mediator shall be selected from
the Rule 114 Supreme Court Roster . The cost of the mediator shall be split in half between
both parties .
Eden Prairie Firefighter Relief Association Page 126
Article XVII - Limits on Benefits
1 . Domestic Relations Order
A qualified domestic relations or domestic relations order shall be accepted by the Association
if in compliance with state and federal law . A distribution made pursuant to a domestic
relations order shall be treated as made pursuant to qualified domestic relations order as
specified by I . R . C . 414 ( p ) ( 11 ) , as amended . No benefits shall be paid under a domestic
relations order which requires the plan to provide any type or form of benefit, or any option ,
not otherwise provided under the Plan or under state law .
Exhibit A of these Bylaws are guidelines for terms which must be included in any domestic
relations order to be considered consistent with these Bylaws and eligible for approval by the
Board .
2 . Garnishment, judgment or legal process
No service pension or ancillary benefits paid or payable from the Special fund of the Association
to any person receiving or entitled to receive a service pension or ancillary benefits shall be
subject to garnishment, judgment, execution or other legal process, except as provided in
Minnesota Statutes, Sections 518 . 58 , 518 . 581, or 518A . 53 .
3 . Assignment of Benefits
No person entitled to a service pension or ancillary benefits from the Special fund of the
Association may assign any service pension or ancillary benefit payments, nor shall the
Association have the authority to recognize any assignment or pay over any sum , which has
been assigned .
4 . Limitations on Ancillary Benefits
Following the receipt of a lump sum death benefit, neither a member' s surviving spouse or
estate is entitled to any other or further financial relief or benefits from the Association except
those described in Article XIII - Supplemental Benefits .
5 . Benefit Limitations
No provision , which places limits on benefits as contained within Section 415 of the Internal
Revenue Code, shall be exceeded . Plan participants cannot receive an annual benefit greater
than the amount specified in Section 415 of the code as may subsequently be amended .
Eden Prairie Firefighter Relief Association Page 127
Article XVIII - Amendments
1 . Amending the Bylaws
The bylaws of the Association may be amended by completing the following procedure :
a ) Notice of the proposed amendment is given to each member
not less than ten ( 10 ) days prior to the regular or special Association
meeting at which the amendment will be considered
b ) at an Association meeting, the amendment is adopted by a favorable
vote of two -thirds ( 2/3 ) of the membership present and voting, provided
that a quorum is present
c) the amendment is approved by the City of Eden Prairie City Council
Article XIX - Notice
1 . Amendment Notices
Notices to the membership of a change to these bylaws shall be delivered in the following
manner :
a) shall be posted at each fire station
b) shall be sent by U . S . Mail or email to each deferred
member of the Association
c) shall be sent by U . S . Mail or email to each retired
member of the Association
Eden Prairie Firefighter Relief Association Page 128
Article XX - Effective Date
These bylaws were adopted by the Membership on the 6th day of September 2018 and supersede all
prior bylaws of this Association .
s. . d
' ssociation recent Association Secretary
These bylaws were approved by the City of Eden Prairie City Council on the 18th day of September 2018 .
g
Kathleen Porta
City Clerk
City of Eden Prairie, MN
Eden Prairie Firefighter Relief Association Page 129
EXHIBIT A
Guidelines for Qualified Domestic Relations Order Terms
Triggering Event Payment to Alternate Payee
Court —assigned fraction in the same form as elected by
1 Retirement of participant .
participant .
Death of participant before benefits
2 Lump sum payment of court- assigned fraction .
commence .
3 Death of participant after monthly Payments stop .
benefits commence .
Death of alternate payee before benefits
4 No payment to alternate payee or his/her estate .
commence .
5 Death of alternate payee after benefits Payments stop .
commence .
Eden Prairie Firefighter Relief Association Page 30
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar July 16, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Bill Wyffels, Captain, Police Agreement for functionality upgrades to New VIII.N.
World: ShieldForce and Web CAD Monitor
Requested Action
Move to: Approve the agreement for additional functionality and implementation of new
modules for New World for Public Safety departments for$51,910, and 2019 maintenance of
$9,020. These upgrades are CIP approved projects for 2019.
Background
In 2018 the Eden Prairie Police Department upgraded the Computer Aided Dispatch software with
Tyler New World. With this upgrade came the capability to look at putting call information into
officers' hands in order to enhance officer safety and response effectiveness. We are now
requesting to go ahead with the purchase of that enhanced capability through ShieldForce. This
program will allow officers, detectives and supervisors to have important call information on a
mobile platform. By adding in CAD Web Monitor, we will gain a more effective tool for
displaying ongoing calls, resource allocation as well as unit statuses in both an office based and
mobile environment. The implementation of these two software pieces, along with the analytical
report installation and training will allow for better integration and functionality with our existing
New World software. This will also allow us to reduce our dependency on high custom
development costs.
Estimated costs for implementation for a total of$51,910 include
- Web CAD Monitor License: $ 16,000
- Shieldforce with advanced mapping License (70 users): $ 26,950
- Installation and Report refresher training: $6,960
- Travel & Living expenses: $2,000
Estimated maintenance for a total of$9,020 includes:
• 2019 maintenance for Web CAD Monitor: $ 3,360
• 2019 maintenance for ShieldForce: $5,680
Attachment
Tyler Technologies Amendment to contract
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AMENDMENT
This amendment ("Amendment") is effective as of the date of signature of the last party to sign as indicated below
("Amendment Effective Date") by and between Tyler Technologies, Inc., a Delaware corporation with offices at 840 West
Long Lake Road,Troy, MI 48098 ("Tyler") and the City of Eden Prairie, with offices at 8080 Mitchell Rd, Eden Prairie, MN
55344-2203 ("Client").
WHEREAS,Tyler and the Client are parties to a License Agreement with an effective date of December 8, 2008 (the
"Agreement");
WHEREAS,Tyler and Client now desire to amend the Agreement;
NOW THEREFORE, in consideration of the mutual promises hereinafter contained,Tyler and the Client agree as follows:
1. The software and/or services set forth in Exhibit 1 and 2 and associated services as noted in Schedule 1 to this
Amendment are hereby added to the Agreement.
2. The following payment terms, as applicable, shall apply:
a. Additional software fees will be invoiced 100%on the Amendment Effective Date.
b. Associated maintenance and support fees will be invoiced on a pro rata basis beginning on the first day
of the month following the Amendment Effective Date, and thereafter in a lump sum amount together
with Client's then-current maintenance and support fees for previously licensed software.
c. Hosting Fees: Hosting Fees for the Tyler Software identified on the Investment Summary are invoiced
annually in advance on the Effective Date and will renew automatically for additional one (1) year terms
at our then-current Hosting Services fee, unless terminated in writing by either party at least thirty(30)
days prior to the end of the then-current term.
d. Additional Implementation and other professional services (including training) are billed and invoiced as
delivered, at the rates set forth in the Amendment Investment Summary.
e. Fixed price services are invoiced upon complete delivery of the service.
f. Travel expenses shall be invoiced as incurred, as applicable.
3. This Amendment shall be governed by and construed in accordance with the terms and conditions of the
Agreement. All other terms and conditions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Amendment as of the date of
signature of the last party to sign as indicated below.
Tyler Technologies, Inc. City of Eden Prairie, MN
By: By:
Name: Greg Sebastian Name:
Title: President, Public Safety Division Title:
Date: Date:
Amendment-Eden Prairie MN-NWPS-JW 7.9.19(2019-28366-2 7.8).doc
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Exhibit 1
Amendment Investment Summary
The following Amendment Investment Summary details the software, products, and services to be delivered by us to
you under the Agreement. This Amendment Investment Summary is effective as of the Amendment Effective Date
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Amendment-Eden Prairie MN-NWPS-JW 7.9.19(2019-28366-2 7.8).doc
�• Date: 7l8J2019
.i :. new world Quote Expiration: 12117/2019
Quote Name: City of Eden Prairie Police Department-ShieldForce,
ty�er public sarety �ufian Web CAD Monitor, SceneCollect and Onsite DSS
Refresher Training
Quote Number: 2019-28366-2
Quote Description: Software Licensing
Sales Quotation For
City of Eden Prairie Police Department
8080 Mitchell Rd
Eden Prairie, MN 55344-2203
Phone: 9529496200
T ler Software and Related Services
Year One
Description License Imp!Hogs Module Total Maintenance
Computer Aided Dispatch
Web CAD Monitor $20,000 0 $0 $20,000 $3,360
Mobile
ShieldForce-LE Dispatch with Advanced Mapping (70 ) $33,250 0 $0 $33,250 $5,660
Sub-Total: $53,250 $0 $53,250 $9,020
Less Discount. $10,300 $10,300
TOTAL: $42,950 D $0 $42,950 $9,020
Services
Description Quantity Unit Price Discount Total
Web CAD Monitor Installation 1 $1,160 $0 $1,160
Report Refresher Training (Includes up to 3 days on-site) 1 $5,800 $0 $5,800
TOTAL: $6,960
Amendment-Eden Prairie MN-NWPS-JW 7.9.19(2019-28366-2 7.8).doc
Summary One Time Fees Recurring Fees
Total Tyler Software $42,950 $9,020
Total Annual Fees $0
Total Tyler Services $6,960
Total Other costs $0
Total Third Party Hardware, Software and Services $0 $0
Travel and Living Expenses $2,000
Summary Total $61,910 $9,020
T Ier Discount Detail
Description License License Discount License Net Maintenance
Computer Aided Dispatch
Web CAD Monitor $20,000 $4,000 $16,000 $3,360
Mobile
ShieldForce- LE Dispatch with Advanced Mapping $33,250 $6,300 $26,950 $5,660
Sub-Tota!_ $53,250 $10,300 $42,950 $9,020
Total: $63,250 $10,300 $42,960 $9,020
Amendment-Eden Prairie MN-NWPS-JW 7.9.19(2019-28366-2 7.8).doc
Assumptions
New World product requires Microsoft Windows Server 2012/2016 and SQL Server 2012/2016, including required Client Access Licenses(GALS)for applicable
Microsoft products_ Servers must meet minimum hardware requirements provided by Tyler The supported Microsoft operating system and SQL versions are
specific to Tyler's release versions_
New World product requires Microsoft Excel or Windows Search 4.0 for document searching functionality; Microsoft Word is required on the application server for
report formatting.
Tyler recommends a 100/1000MB (GB)Ethernet network for the local area network_Wide area network requirements vary based on system configuration,Tyler
will provide further consultation for this environment_
Does not include servers, workstations,or any required third-party hardware or software unless specified in this Investment Summary. Client is responsible for any
third-party support.
Licensed Software,and third-party software embedded therein, if any,will be delivered in a machine readable form to Client via an agreed upon network
connection_Any taxes or fees imposed are the responsibility of the purchaser and will be remitted when imposed_
Tyler's GIS implementation services are to assist the Client in preparing the required GIS data for use with the Licensed New World Software. Depending upon the
Licensed Software the Client at a minimum will be required to provide an accurate street centerline layer and the appropriate polygon layers needed for Unit
Recommendations and Run Cards in an industry standard Esri file format(Personal Geodatabase, File Geodatabase, Shape Files). Client is responsible for
having clearly defined boundaries for Police Beats, EMS Districts and Fire Quadrants. If necessary Tyler will assist Client in creating the necessary polygon layers
(Police Beats, EMS Districts and Fire Quadrants)for Unit Recommendations and Run Cards. Tyler is not responsible for the accuracy of or any ongoing
maintenance of the GIS data used within the Licensed New World Software.
Client is responsible for any ongoing annual maintenance on third-party products, and is advised to contact the third-party vendor to ensure understanding of and
compliance with all maintenance requirements
All Tyler Clients are required to use Esri's ArcGIS Suite to maintain GIS data. All maintenance,training and ongoing support of this product will be contracted with
and conducted by Esri. Maintenance for Esri's ArcGIS suite of products that are used for maintaining Client's GIS data will be contracted by Client separately with
E sri.
CAD Maintenance includes 24/7 Support
When Custom interface is included, Custom interface will be operational with existing third-party software. Any subsequent changes to third-party applications may
require additional services.
When State/NCIC is included,Client is responsible for obtaining the necessary State approval and any non-Tyler hardware and software. Includes state-specific
standard forms developed by Tyler. Additional forms can be provided for an additional fee.
Reporting Refresher Training assumes training of existing users, not new users. Classes include up to 3 days on-site training and are limited to 10 trainees
maximum; service and travel costs will be incurred for additional classes.
Associated Maintenance and Support fees will be added to the Client's current Maintenance and Support Agreement and will be invoiced on a pro rata basis
beginning on the first day of the month following Amendment Effective Date, and thereafter in a lump sum amount together with Client's then-current maintenance
and support fees for previously licensed software.
Personal Computers must meet the minimum hardware requirements for New World products. Microsoft Windows 7/8.1/10 32/64 bit or later is required for all
client machines.Windows Server 2012/2016 and SQL Server 2D122014/2016 are required for the Application and Database Server(s).
Amendment-Eden Prairie MN-NWPS-JW 7.9.19(2019-28366-2 7.8).doc
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Exhibit 2
Additional Terms for New World Public Safety Hosted Components
We will provide you with the New World Public Safety hosted components of Tyler Software indicated in the Investment
Summary of this License and Services Agreement. The terms and conditions contained in this document only apply to
our provision of those applications. Capitalized terms not otherwise defined will have the meaning assigned to such
terms in your License and Services Agreement.
1. Additional Definitions.The following definitions shall apply to this Exhibit:
1.1."New World Public Safety Components" means the New World Public Safety hosted components of Tyler Software
identified in the Investment Summary.
1.2."Hosting Services"means the hosting services Tyler will provide for the New World Public Safety Components for
the fees set forth in the Investment Summary.Terms and Conditions for the Hosting Services are set forth in this
exhibit.
1.3."SLA" means the service level agreement applicable to the Hosting Services for the New World Public Safety
Components.A copy of Tyler's current SLA is attached hereto as Schedule 1 to this exhibit.
1.4."Third Party Services"means the services provided by third parties, if any, identified in the Investment Summary.
2. Hosting Terms for New World Public Safety Components.
2.1.We will either host or engage Third Party Services in order to host the New World Public Safety Components set
forth in the Investment Summary for the fees set forth therein.You agree to pay those fees according to the terms
of the Invoicing and Payment Policy. In exchange for those fees,we agree to provide the Hosting Services according
to the terms and conditions set forth in this Exhibit,and the other applicable terms of the Agreement. If you fail to
pay those fees,we reserve the right to suspend delivery of the applicable Hosting Services after advance written
notice to you of our intention to do so.
2.2.In our sole discretion,we may elect to migrate the Hosting Services to a replacement system (including our own)
and will undertake reasonable efforts to complete such transfer during maintenance windows as set forth in the
SLA.We will undertake reasonable efforts to provide you with advance written notice of any such transfer.You
agree to provide all reasonable assistance and access in connection with any such transfer. In the event the New
World Public Safety Components are transferred to our data center and we provide hosting services directly to you,
the terms of the SLA will also apply.
2.3.The initial term for the Hosting Services is one(1)year.Thereafter,the term will renew automatically for additional
one (1)year terms, unless terminated by either party at least thirty(30)days in advance of the upcoming renewal
date.
2.4.Where applicable,we will perform or cause to have performed upgrades of the applications, hardware,and
operating systems that support the Hosting Services.These upgrades are performed in commercially reasonable
timeframes and in coordination with third-party releases and certifications.We will make available information on
industry-standard minimum requirements and supported browsers for accessing the Hosting Services.
Amendment-Eden Prairie MN-NWPS-JW 7.9.19(2019-28366-2 7.8).doc
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Exhibit 2
Schedule 1
Service Level Agreement
Agreement Overview
This SLA outlines the information technology service levels that we will provide to you to ensure the availability of the
Hosting Services that you have requested us to provide. All other support services are documented in the applicable
Support Call Process. All defined terms not defined below have the meaning set forth in the Agreement.
Definitions
Attainment:The percentage of time a service is available during a billing cycle, with percentages rounded to the nearest
whole number.
Client Error Incident: Any service unavailability resulting from your applications, content or equipment, or the acts or
omissions of any of your service users or third-party providers over whom we exercise no control.
Downtime:Those minutes during which the applicable software products are materially unavailable for your use.
Downtime does not include those instances in which only a Defect is present.
Service Availability: The total number of minutes in a billing cycle that a given service is capable of receiving, processing,
and responding to requests, excluding maintenance windows, Client Error Incidents and Force Majeure.
Service Availability
The Service Availability of the applicable software products is intended to be 24/7/365. We set Service Availability goals
and measures whether we have met those goals by tracking Attainment.
Client Responsibilities
Whenever you experience Downtime,you must make a support call according to the procedures outlined in the
applicable Support Call Process exhibit.You may escalate through the hosting hotline.You will receive a support incident
number. Any Downtime is measured from the time we intake your support incident.
To track attainment,you must document, in writing, all Downtime that you have experienced during a billing cycle. For
purposes of this Service Level Agreement, billing cycle shall be based on each calendar quarter.You must deliver such
documentation to Tyler within thirty(30) days of a billing cycle's end.
The documentation you provide must substantiate the Downtime. It must include, for example, the support incident
number(s) and the date,time and duration of the Downtime(s).
Tyler Responsibilities
Amendment-Eden Prairie MN-NWPS-JW 7.9.19(2019-28366-2 7.8).doc
When our support team receives a call from you that a Downtime has occurred or is occurring, we will work with you to
identify the cause of the Downtime (including whether it may be the result of a Client Error Incident or Force Majeure).
We will also work with you to resume normal operations.
Upon timely receipt of your Downtime report, outlined above, we will compare that report to our own outage logs and
support tickets to confirm that a Downtime for which Tyler was responsible indeed occurred.
We will respond to your Downtime report within thirty(30) days of receipt. To the extent we have confirmed
Downtime for which we are responsible, we will provide you with the relief set forth below.
Client Relief
When a Service Availability goal is not met due to your confirmed Downtime, we will provide you with relief that
corresponds to the percentage amount by which that goal was not achieved, as set forth in the Client Relief Schedule
below.
Notwithstanding the above,the total amount of all relief that would be due under this SLA will not exceed 5% of the fee
for any one billing cycle. Issuing of such credit does not relieve us of our obligations under the Agreement to correct the
problem which created the service interruption. A correction may occur in the billing cycle following the service
interruption. In that circumstance, if service levels do not meet the corresponding goal for that later billing cycle, your
total credits will be doubled,with equal relief being provided in that later billing cycle.
Client Relief Schedule
Targeted Attainment Actual Attainment Client Relief _
100% 98-99% Remedial action will be taken at no
additional cost to you.
100% 95-97% Remedial action will be taken at no
additional cost to you. 4%credit of
fee for affected billing cycle will be
posted to next billing cycle
100% <95% Remedial action will be taken at no
additional cost to you. 5%credit of
fee for affected billing cycle will be
posted to next billing cycle
You may request a report from us that documents the preceding billing cycle's Service Availability, Downtime, any
remedial actions that have been/will be taken, and any credits that may be issued. That report is available by contacting
the hosting hotline through the support portal(s).
Applicability
The commitments set forth in this SLA do not apply during maintenance windows, Client Error Incidents, and Force
Majeure.
We perform maintenance during limited windows that are historically known to be reliably low-traffic times. If and when
maintenance is predicted to occur during periods of higher traffic,we will provide advance notice of those windows and
will coordinate to the greatest extent possible with you. When maintenance is scheduled to occur, we will provide
Amendment-Eden Prairie MN-NWPS-JW 7.9.19(2019-28366-2 7.8).doc
approximately two (2)weeks' advance written notice to the contact information that you supply on your notification
form. When emergency maintenance is scheduled,you will receive an email at that same contact point.
Force Majeure
You will not hold us responsible for meeting service levels outlined in this SLA to the extent any failure to do so is caused by
Force Majeure. In the event of Force Majeure,we will file with you a signed request that said failure be excused. That writing
will include the details and circumstances supporting our request for relief with clear and convincing evidence pursuant to this
provision.You will not unreasonably withhold your acceptance of such a request.
Amendment-Eden Prairie MN-NWPS-JW 7.9.19(2019-28366-2 7.8).doc
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar July 16, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Community Development/OHCS Adopt Resolution in Support of LCDA VIII.O.
Janet Jeremiah/Jonathan Stanley Application for Paravel
Requested Action
Move to: Adopt the Resolution supporting the City's application for a Livable Communities
Demonstration Account(LCDA) grant for Paravel./Castle Ridge development.
Synopsis
The Metropolitan Council's Livable Communities Act programs require that a local Resolution
be passed and submitted concurrent with a LCDA application.
Background
Timberland Partners is seeking LCDA grant funds for Paravel, a proposed general occupancy
multifamily property that is part of the larger Castle Ridge redevelopment project. LCDA funds
are applied for, and if received, are administered and provided to the development project by the
local municipality. As part of its application procedure, the Metropolitan Council requires that a
local Resolution supporting the application and warranting the City's understanding of its
potential grant responsibilities be passed and submitted with the application.
Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY MINNESOTA
RESOLUTION NO. 2019-
RESOLUTION IDENTIFYING THE NEED FOR LIVABLE
COMMUNITIES DEMONSTRATION ACCOUNT FUNDING AND
AUTHORIZING AN APPLICATION FOR GRANT FUNDS
WHEREAS the City of Eden Prairie is a participant in the Livable Communities
Act("LCA") Local Housing Incentives Account Program for 2019 as determined by the
Metropolitan Council, and is therefore eligible to apply for Livable Communities
Demonstration Account("LCDA") funds; and
WHEREAS the City has identified a proposed project within the City that meets the
LCDA's purposes and criteria and is consistent with and promotes the purposes of the
Metropolitan Livable Communities Act and the policies of the Metropolitan Council's adopted
metropolitan development guide; and
WHEREAS the City has the institutional, managerial and financial capability to
adequately manage an LCA LCDA grant; and
WHEREAS the City certifies that it will comply with all applicable laws and
regulations as stated in the grant agreement; and
WHEREAS the City agrees to act as legal sponsor for the project(s) contained in the
grant application to be submitted on or by August 8, 2019; and
WHEREAS the City acknowledges LCDA grants are intended to fund projects or
project components that can serve as models, examples or prototypes for development or
redevelopment projects elsewhere in the region, and therefore represents that the proposed
project or key components of the project can be replicated in other metropolitan-area
communities; and
WHEREAS only a limited amount of grant funding is available through the
Metropolitan Council's LCDA during each funding cycle and the Metropolitan Council has
determined it is appropriate to allocate those scarce grant funds only to eligible projects that
would not occur without the availability of Demonstration Account grant funding.
NOW THEREFORE BE IT RESOLVED that, after appropriate examination and due
consideration, the governing body of the City:
1. Finds that it is in the best interests of the City's development goals and priorities for the
proposed project to occur at this particular site and at this particular time, subject to all
necessary approvals.
2. Finds that the project components for which LCDA funding is sought:
(a) will not occur solely through private or other public investment within the
reasonably foreseeable future, and
(b) will occur within three years after a grant award only if LCDA funding is made
available for this project at this time.
3. Represents that the City has undertaken reasonable and good faith efforts to procure funding for
the project components for which LCDA funding is sought but was not able to find or secure
from other sources funding that is necessary for project component completion.
4. Authorizes its Mayor and City Manager to submit on behalf of the City an application for
Metropolitan Council LCDA grant funds for the project component(s) identified in the
application, and to execute such agreements as may be necessary to implement the project on
behalf of the City.
Project applied for: Paravel/Castle Ridge
ADOPTED by the City Council of the City of Eden Prairie this 21st day of August, 2018.
Ronald A. Case,Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE:
SECTION: Consent 7/16/19
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Community Development/Planning Castle Ridge Redevelopment V I I I.P.
Janet Jeremiah/Julie Klima
Requested Action
Move to:
• Adopt a Resolution for a Site Plan on 6.94 acres;
• Approve the 2nd reading of the Ordinance for Planned Unit Development District Review with
waivers on 19.75 acres; and
• Approve the Development Agreement for Castle Ridge Redevelopment.
Synopsis
This is the final approval of the development agreement and plans for Castle Ridge Redevelopment.
The property is located at 615-635 Prairie Center Drive.
Background
On June 13, 2019, the City Council approved the lst reading of the Ordinance for the PUD for Castle
Ridge Redevelopment and directed staff to prepare a Development Agreement. The proposed project
includes the redevelopment of the existing Broadmoor Apartments and Castle Ridge Care Center. The
site plan approval applies only to the proposed Lot 1, Block 1 (senior housing facility). The final
development of proposed Outlots A and B will be subject to further Planning Commission and City
Council review through PUD and site plan review.
The 120-Day review period expires on July 16, 2019.
Attachments
1. Ordinance—PUD District Review with waivers
2. Ordinance Summary
3. Resolution—Site Plan
4. Development Agreement
CASTLE RIDGE REDEVELOPMENT
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF
ORDINANCE NO.16-2019-PUD-9-2019
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
615-635 Prairie Center Drive within the C-Com and RM-2.5 Zoning Districts. 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 Ronald A. Case, Mayor
PUBLISHED in the Eden Prairie News on , 2019.
(A full copy of the text of this Ordinance is available from City Clerk.)
EXHIBIT A
Real property in the City of Eden Prairie, County of Hennepin, State of Minnesota, described as follows:
TRACT A:
Parcel 1A:
Lot 2,Block 1,Fountain Place, according to the recorded plat thereof,Hennepin County,Minnesota.
Abstract and Registered Property
Certificate of Title No. 1382455
Parcel 2A:
Outlot A, Castle Ridge 2nd Addition,according to the recorded plat thereof,Hennepin County,
Minnesota.
Registered Property
Certificate of Title No. 1382455
Parcel 3A:
Non-exclusive easement for access purposes for the benefit of Outlot A, Castle Ridge 2nd Addition as
defined in the Declaration of Access Easements dated May 6,2008,recorded May 16, 2008 as
Document No.4497122 in the office of the Registrar of Titles.
TRACT B:
Parcel 1B:
Lot 1,Block 2, Castle Ridge,according to the recorded plat thereof on file and of record in the Office
of the County Recorder,Hennepin County,Minnesota.
Abstract Property
Parcel 2B:
Non-exclusive easements and rights contained in the Declaration of Easements dated July 9, 1981,
recorded July 28, 1981, as Document No. 4659643.
TRACT C:
Parcel 1C(Castle Ridge Apartments,LLC)Lot 2,Block 2,CASTLE RIDGE, according to the
recorded plat thereof on file and of record in the Office of the County Recorder,Hennepin County,
Minnesota.
Units in A Wing:
Unit Nos. 100, 101, 102, 103, 104, 105, 106, 107, 108,200,201,202,203,204,205,206,207, 208,
301, 302, 303, 304, 305, 306, 307, 308,400,401,402,403,404,405, 406,407 and 408.
Units in B Wing:
Unit Nos. 121, 122, 123, 124, 125, 126, 127, 128, 129, 130,221,223, 224,225,226,227,228,229,
230, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330,421,422,424,425,426,427,428,429 and
430.
Units in C Wing:
Unit Nos. 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119,209,210,211,212,213,214,215,
216,217,218,219, 309, 310, 311, 313, 314, 315, 316,317, 318, 319,409,410,411,412,413,414,
415,416,417,418 and 419.
Units in D Wing:
Unit Nos. 150, 151, 152, 153, 154, 155, 156, 157, 158,250,251,252, 253,254,255,256,257, 258,
350, 351, 352, 353, 354, 355, 356, 357, 358,450,451,452,453,454,455,456,457 and 458.
Units in E Wing:
Unit Nos. 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169,259,260,261,262,263,264,265,
266,267,268,269, 359, 360, 361, 362, 363, 364, 365,366, 367, 368, 369,459,460,461,462,463,
464,465,466,467,468 and 469.
Units in F Wing:
Unit Nos. 171, 172, 173, 174, 175, 176, 177, 178, 179, 180,271,272,273,274,275,276,277,278,
279,280, 371, 372, 373, 374, 375, 376, 377, 378, 379,380,471,472,473,474,475,476,477,478,
479 and 480.
Garage Unit Nos. 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27
and 28.
All in Condominium No. 274, Castle Ridge Retirement Community, a condominium,Hennepin
County,Minnesota.
Parcel 2C(Trustees of the Judith W. Marr Trust u/a/d July 26,2005)Unit No. 312 (C Wing) and
Garage Unit 13, Condominium No. 274, Castle Ridge Retirement Community, a condominium,
Hennepin County,Minnesota.
Parcel 3C: (Bruce D. Parkin)
Unit No. 300, Condominium No. 274, Castle Ridge Retirement Community, a condominium,
Hennepin County,Minnesota.
Parcel 4C: (Cheryl L. Stinski)
Unit No. 222 and Garage Unit No. 8, Condominium No. 274, Castle Ridge Retirement Community, a
condominium,Hennepin County,Minnesota.
Parcel SC: (Margery A. Fehling and Cheryl Stinski)
Unit No. 423, Condominium No. 274, Castle Ridge Retirement Community, a condominium,
Hennepin County,Minnesota.
Parcel 6C: (K.S.C.S Properties,Inc., a Minnesota corporation)
Unit No. 500, Condominium No. 274,Castle Ridge Retirement Community, a condominium,
Hennepin County,Minnesota.
Parcel 7C:
Non-exclusive easements as contained in Declaration(of Easements)dated July 9, 1981,recorded
july 28, 1981 as Document No. 4659643.
Abstract Property
TOGETHER WITH:
That part of the Castlemoor Drive as dedicated on CASTLE RIDGE, according to the recorded plat
thereof,Hennepin County,Minnesota lying easterly of a line drawn perpendicular from a point on the
north line of said Castlemoor Drive, distant 62.48 feet easterly of the southwest corner of Lot 1,
Block 2, said CASTLE RIDGE, as measured along the south line of said Lot 1. (road to be vacated)
CASTLE RIDGE REDEVELOPMENT
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 16-2019-PUD-9-2019
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 Community Commercial and RM-2.5 Zoning Districts 16-2019-PUD-9-2019 (hereinafter
"PUD-9-2019).
Section 3. The City Council hereby makes the following findings:
A. PUD-9-2019 is not in conflict with the goals of the Comprehensive Guide Plan of
the City.
B. PUD-9-2019 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-9-2019are justified by the design of the development
described therein.
D. PUD-9-2019 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 July 16, 2019, entered into between Presbyterian Homes
Housing and Assisted Living and the City of Eden Prairie, (hereinafter"Development
Agreement"). The Development Agreement contains the terms and conditions of PUD-9-2019,
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 Community Commercial and RM -2.5 Zoning Districts and shall be included
hereafter in the Planned Unit Development 9-2019, 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
18th day of June, 2019, 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 16th day of July,
2019.
ATTEST:
Kathleen Porta, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Eden Prairie News on July 25, 2019.
EXHIBIT A
PUD Legal Description
Real property in the City of Eden Prairie, County of Hennepin, State of Minnesota, described as
follows:
TRACT A:
Parcel 1A:
Lot 2, Block 1, Fountain Place, according to the recorded plat thereof, Hennepin County,
Minnesota.
Abstract and Registered Property
Certificate of Title No. 1382455
Parcel 2A:
Outlot A, Castle Ridge 2nd Addition, according to the recorded plat thereof, Hennepin
County, Minnesota.
Registered Property
Certificate of Title No. 1382455
Parcel 3A:
Non-exclusive easement for access purposes for the benefit of Outlot A, Castle Ridge 2nd
Addition as defined in the Declaration of Access Easements dated May 6, 2008, recorded
May 16, 2008 as Document No. 4497122 in the office of the Registrar of Titles.
TRACT B:
Parcel 1B:
Lot 1, Block 2, Castle Ridge, according to the recorded plat thereof on file and of record in
the Office of the County Recorder, Hennepin County, Minnesota.
Abstract Property
Parcel 2B:
Non-exclusive easements and rights contained in the Declaration of Easements dated July 9,
1981, recorded July 28, 1981, as Document No. 4659643.
TRACT C:
Parcel 1C (Castle Ridge Apartments, LLC) Lot 2, Block 2, CASTLE RIDGE, according to
the recorded plat thereof on file and of record in the Office of the County Recorder,
Hennepin County, Minnesota.
Units in A Wing:
Unit Nos. 100, 101, 102, 103, 104, 105, 106, 107, 108, 200, 201, 202, 203, 204, 205, 206,
207, 208, 301, 302, 303, 304, 305, 306, 307, 308, 400, 401, 402, 403, 404, 405, 406, 407 and
408.
Units in B Wing:
Unit Nos. 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 221, 223, 224, 225, 226, 227,
228, 229, 230, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 421, 422, 424, 425, 426,
427, 428, 429 and 430.
Units in C Wing:
Unit Nos. 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 209, 210, 211, 212, 213,
214, 215, 216, 217, 218, 219, 309, 310, 311, 313, 314, 315, 316, 317, 318, 319, 409, 410,
411, 412, 413, 414, 415, 416, 417, 418 and 419.
Units in D Wing:
Unit Nos. 150, 151, 152, 153, 154, 155, 156, 157, 158, 250, 251, 252, 253, 254, 255, 256,
257, 258, 350, 351, 352, 353, 354, 355, 356, 357, 358, 450, 451, 452, 453, 454, 455, 456, 457
and 458.
Units in E Wing:
Unit Nos. 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 259, 260, 261, 262, 263,
264, 265, 266, 267, 268, 269, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 459,
460, 461, 462, 463, 464, 465, 466, 467, 468 and 469.
Units in F Wing:
Unit Nos. 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 271, 272, 273, 274, 275, 276,
277, 278, 279, 280, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 471, 472, 473, 474,
475, 476, 477, 478, 479 and 480.
Garage Unit Nos. 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24,
25, 26, 27 and 28.
All in Condominium No. 274, Castle Ridge Retirement Community, a condominium,
Hennepin County, Minnesota.
Parcel 2C (Trustees of the Judith W. Marr Trust u/a/d July 26, 2005) Unit No. 312 (C Wing)
and Garage Unit 13, Condominium No. 274, Castle Ridge Retirement Community, a
condominium, Hennepin County, Minnesota.
Parcel 3C: (Bruce D. Parkin)
Unit No. 300, Condominium No. 274, Castle Ridge Retirement Community, a condominium,
Hennepin County, Minnesota.
Parcel 4C: (Cheryl L. Stinski)
Unit No. 222 and Garage Unit No. 8, Condominium No. 274, Castle Ridge Retirement
Community, a condominium, Hennepin County, Minnesota.
Parcel 5C: (Margery A. Fehling and Cheryl Stinski)
Unit No. 423, Condominium No. 274, Castle Ridge Retirement Community, a condominium,
Hennepin County, Minnesota.
Parcel 6C: (K.S.C.S Properties, Inc., a Minnesota corporation)
Unit No. 500, Condominium No. 274, Castle Ridge Retirement Community, a condominium,
Hennepin County, Minnesota.
Parcel 7C:
Non-exclusive easements as contained in Declaration(of Easements) dated July 9, 1981,
recorded july 28, 1981 as Document No. 4659643.
Abstract Property
TOGETHER WITH:
That part of the Castlemoor Drive as dedicated on CASTLE RIDGE, according to the
recorded plat thereof, Hennepin County, Minnesota lying easterly of a line drawn
perpendicular from a point on the north line of said Castlemoor Drive, distant 62.48 feet
easterly of the southwest corner of Lot 1, Block 2, said CASTLE RIDGE, as measured along
the south line of said Lot 1. (road to be vacated)
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2019-
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR CASTLE RIDGE REDEVELOPMENT
BY SENIOR HOUSING PARTNERS
WHEREAS, Senior Housing Partners has applied for Site Plan approval of Castle Ridge
Redevelopment to construct a senior housing facility, by an Ordinance approved by the City
Council on July 16, 2019; and
WHEREAS, the Planning Commission has reviewed said application at a public hearing
at its April 22 and May 13, 2019 meetings.
WHEREAS, the City Council has reviewed said application at a public hearing at its
June 18, 2019 meeting.
NOW, THEREFORE,BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF EDEN PRAIRIE,that site plan approval is granted to Senior Housing
Partners based on the Development Agreement between Presbyterian Homes Housing and
Assisted Living and the City of Eden Prairie, reviewed and approved by the City Council on July
16, 2019.
ADOPTED by the City Council of the City of Eden Prairie this 16th day of July, 2019.
Ronald A. Case, Mayor
ATTEST:
Kathleen Porta, City Clerk
DEVELOPMENT AGREEMENT
Castle Ridge Redevelopment
THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of July ,
2019, by PRESBYTERIAN HOMES HOUSING AND ASSISTED LIVING, INC., a Minnesota
non-profit 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 19.75 acres, Planned Unit Development District Review with waivers on 19.75 acres,
Zoning District Change from Community Commercial to RM—2.5 Zoning District on 1.33 acres
and RM-2.5 to Community Commercial on 0.129 acres, Site Plan Review on 6.94 acres, and
Preliminary Plat of 19.75 acres into 1 lot and 3 outlots (the "Applications"), legally described on
Exhibit A (the "Property");
WHEREAS, Developer, the City, and others entered into that certain Development
Agreement dated March 4, 2008, recorded on May 16, 2008 as Document No. 9134828 with the
Hennepin County Recorder and as Document No. 4497100 with the Hennepin County Registrar
of Titles("2008 Development Agreement"),that certain dated Environmental Indemnity and Hold
Harmless Agreement dated May 8, 2008, recorded on May 16, 2008 as Document No. 9134831
with the Hennepin County Recorder and as Document No. 4497116 with the Hennepin County
Registrar of Titles ("2008 Indemnity Agreement"), that certain Agreement Regarding Special
Assessments dated May 8, 2008, recorded on May 16, 2008 as Document No. 9134830 with the
Hennepin County Recorder and as Document No. 4497115 with the Hennepin County Registrar
of Titles ("2008 Special Assessment Agreement"), that certain Regulatory Agreement dated as of
October 1, 2004, recorded November 24, 2004 as Document No. 8480659, as amended and
restated by Amended and Restated Regulatory Agreement dated as of September 4,2014,recorded
September 8, 2014 with the Hennepin County Recorder as Document No. A10114867 ("2004
Regulatory Agreement"), and that certain Agreement Regarding Special Assessments dated as of
October 28, 2004,recorded January 6,2005 as Document No. 8503712 with the Hennepin County
Recorder and as Document No. 4062376 with the Hennepin County Registrar of Titles ("2004
Special Assessment Agreement"), all pertaining to the Property.
WHEREAS,the Property will be re-platted into Lot 1, Castle Ridge and Outlot A, Outlot
B, and Outlot C, Castle Ridge. For purposes of this Agreement, Lot 1 is referred to as either Lot
1 or Phase 1; and Outlot A and Outlot B are referred to as "Outlot A" and"Outlot B" and
collectively as the "Outlots;" and Lot 1, Outlot A, Outlot B, and Outlot C are, as identified in the
first Whereas clause, the "Property."
NOW, THEREFORE, in consideration of the City adopting Resolution No.
for Planned Unit Development Concept Review, Ordinance No. for Planned Unit
Development District Review and Zoning District Change from Community Commercial to RM
— 2.5 on 1.33 acres and RM-2.5 to Community Commercial on 0.129 acres, Resolution No.
for Site Plan Review, and Resolution No. for Preliminary Plat,
Developer agrees to construct, develop and maintain the Property as follows:
1. PLANS: Developer shall develop the Property in conformance with the materials revised
and stamp dated June 4, 2019, reviewed and approved by the City Council on June 16,
2019, (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. AFFORDABLE UNITS: The Developer shall provide on Lot 1 at all times fourteen
(14) affordable units. These units shall be care center units occupied by residents whose
annual income is at 30% or less of Hennepin County AMI, as adjusted annually by the
Minnesota Housing Finance Agency.
By February 15th of each year, the Developer shall provide the City rent roll information
and occupancy information for the preceding year confirming compliance with this
requirement on Exhibit D attached hereto.
4. CASH PARK FEES: The Developer shall pay Cash Park Fees on all of the units in the
Property except for the 14 affordable units referenced in paragraph 3 of this Agreement.
5. ACCESS AND MAINTENANCE DECLARATION FOR THE PROPERTY: Prior to
release of the final plat for the Property, Developer shall provide a Declaration of
Covenants, Easements, Restrictions and Development Standards (hereinafter"Access and
Maintenance Declaration") over Outlot C, the north-south driveway connecting Outlot C
and Prairie Center Drive, the east-west driveway connecting Columbine Road and the
north-south driveway (hereinafter referred to individually as the "Private Street" and
collectively as the "Private Streets"), the other driveways and parking areas, and sanitary
sewer, watermain, and storm sewer facilities located within the Property as shown on the
Plans(referred to collectively as the"Private Streets and Facilities"). The Declaration shall
provide cross access to Lot 1 and Outlots A and B of the Property. The form of the Access
and Maintenance Declaration must be approved in writing by the City Engineer. This
Access and Maintenance Declaration shall address vehicle access and maintenance over
the Private Streets and Facilities, which shall be privately owned and maintained by the
Developer. After approval by the City, Developer shall file the Access and Maintenance
Declaration with the Hennepin County Registrar of Titles' Office and the Hennepin County
Recorder's Office immediately after the recording of the final plat and prior to recording
of any document affecting the property including but not limited to any mortgage granted
by the Developer or owners, their successors and/or assigns.
6. ACCESS EASEMENT FOR FOUNTAIN PLACE: Prior to release of the final plat for
the Property, Developer shall provide an Access Easement in favor of property legally
described as Lot 1, Block 1, Fountain Place, PID No. 1411622330037 (the "Benefitted
Property"). The Access Easement shall be executed by the owner of Benefitted Property
and shall grant an access easement for the Benefitted Property over the Private Streets and
that portion of to-be-vacated Castlemoor Drive located between the eastern boundary of
Outlot C and the eastern boundary of the Benefitted Property extended northwesterly
across the to-be-vacated street. The form of the Access Easement submitted to the City
Attorney on July 12,2019 has been approved by the City Engineer. The Access Easement
includes provisions for vehicle access and the relocation of current access points and
additional access points along Outlot C to future driveways or private streets on the
Benefitted Property so as to not limit redevelopment opportunities for the Benefitted
Property. The cost of creating such additional access points shall be borne by the party
requesting the same. Proof of execution of the Access Easement shall be provided to the
City prior to the release of the final plat. Developer shall file the Access Easement with the
Hennepin County Registrar of Titles' Office and the Hennepin County Recorder's Office
immediately after the recording of the final plat and the Access and Maintenance
Declaration 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.
7. 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 Phase
1 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.
8. 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.
9. 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.
10. FINAL PLAT: The final plat of the Property shall be recorded with the Hennepin County
Registrar of Title's Office and the Hennepin County Recorder's Office, as appropriate,
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.
11. FUTURE DEVELOPMENT: Developer acknowledges that the City has reviewed only
the concept development plans for Outlot A and Outlot B. Resolution No. provides
guidance for future development proposals for Outlot A and Outlot B. Prior to any
development or construction on Outlot A or Outlot B, except for demolition and land
alteration consistent with the Plans submitted for Phase I, Developer shall be required to
submit detailed development plans and all other submittals required by the Eden Prairie
City Code, and obtain the recommendation of the Planning Commission and the approval
of the City Council.
12. 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. Developer shall furnish to the
City Engineer and receive the City Engineers' written approval of a security in the
form of a bond, cash escrow, or letter of credit, equal to 125% of the cost of said
improvements as required by City Code. Prior to release of the grading security,
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 critical phases of 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", current edition, 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 after stabilization to ensure
that the area is infiltrating as proposed and to determine if corrective measures are
required to allow infiltration as proposed. Infiltration Systems must not be
constructed until the site is stabilized and after final grading to avoid sedimentation
within the Infiltration System.
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 underground shall be designed
for maintenance access and installed in conformance with the standards outlined in
The Minnesota Stormwater Manual, most recent edition, 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 to the extent practical be removed by hand 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. For any situations in which hand removal is not practical,
Developer shall identify in the Stormwater Maintenance Plan procedures that will
be implemented to protect functionality of the Stormwater Infiltration Systems.
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 to the extent practical be removed by hand. For any situations in which hand
removal is not practical, Developer shall identify in the Stormwater Maintenance
Plan procedures that will be implemented to protect functionality of the Stormwater
Infiltration Systems. 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.
13. 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 a final occupancy permit
for the Property.
14. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to
the City Planner and receive the City Planner's written approval of an executed landscape
agreement and a final landscape plan for the Property including all proposed trees shrubs,
perennials, and grasses as depicted on the Exhibit B Plans.
Prior to building permit issuance, Developer shall also submit to the City Planner and
receive the City Planner's written approval of a security in the form of a cash escrow or
letter of credit equal to 150%of the cost of said improvements including all proposed trees,
shrubs, perennials, and grasses as depicted on the landscape and tree replacement plan on
the Exhibit B Plans.
The approved landscape plan shall be consistent with the quantity, type, and size of all
plant materials shown on the landscape plan on the Exhibit B Plans. The approved
landscape plan shall include replacement trees of a 2.5-inch diameter minimum size for a
shade tree and a 6-foot minimum height for conifer trees. The approved landscape 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.
The installation shall conform to the approved landscape plan including but not limited to
the size, species and location as depicted on the Exhibit B Plans. Any changes, including
but not limited to removal and relocation,to the landscape plan or landscaping installed on
the Property shall be reviewed and approved by the City prior to implementing said
changes. Developer shall complete implementation of the approved landscape plan as
depicted on the Exhibit B Plans and in accordance with the terms and conditions of Exhibit
C of this Development Agreement.
15. 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 a final 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.
16. OTHER AGENCY APPROVALS: The Developer shall be responsible for submitting
to the City Engineer, copies of all necessary approvals issued by other agencies for the
project. These submittals are required prior to issuance by the City of the corresponding
City permit(s). The agencies issuing such approvals include,but are not necessarily limited
to, the following: the Minnesota Pollution Control Agency, Metropolitan Commission
Environmental Services, Metropolitan Airports Commission.
The City Planner may determine that conditions of approval required by the Riley
Purgatory Bluff Creek Watershed District require changes to the City approvals which may
entail additional City review, including public hearing(s) for recommendation by the
Planning Commission and approval by the City Council. Developer consents to such
additional review as determined by the City Planner and agrees to an extension pursuant to
Minn. Stat. Section 15.99 of an additional 60 days for the additional review.
17. OWNER'S SUPPLEMENT TO DEVELOPMENT AGREEMENT: The Owner's
Supplements to this Agreement executed by and between the City of Eden Prairie and the
following are attached hereto and made a part hereof.
A. Castle Ridge Apartments LLC
B. Castle Ridge Care Center, Inc.
18. 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.
19. PUBLIC USE OF STREETS: The Private Streets as shown on the Plans shall be open
to the use of the public as a matter of right for the purposes of vehicular traffic as if they
were "streets" as defined in Minnesota Statutes § 169.011, Subd. 81. Maintenance of the
Private Streets shall be governed by the terms of the Access and Maintenance Declaration
required by paragraph 5 of this Agreement.
20. PUD WAIVERS GRANTED: The City hereby grants the following waivers to City Code
requirements within the (list zoning districts to which waivers will be granted) District
through the Planned Unit Development District Review for Lot 1 redevelopment only and
incorporates said waivers as part of PUD (list PUD number):
1. Density from 17.4 units per acre to 40 units per acre
The RM-2.5 zoning district allows 17.4 dwelling units per acre. This project provides
a total of 274 units on 6.84 acres for a total of 40 units per acre.
2. Gross Site Area from 2,500 square feet per unit to 1087 square feet per unit
City Code requires the total area of proposed Lot 1 to be 2,500 square feet per unit
or 685,000 square feet. The site is 6.84 acres or 297,950 square feet.
3. Building height from 45 feet to 68 feet at its highest point.
The Presbyterian Homes building is 5 stories. The building has rooflines ranging
from approximately 57 feet to 68 feet in height, as noted on the Plans.
4. Parking Setback along Castlemoor Drive from 35 feet to 15.4 feet.
Castlemoor Drive is a public street therefore parking must comply with the front
yard setback of 35 feet. If Castlemoor Drive is not vacated as proposed this setback
wavier to 15.4 feet is approved.
5. Building Setback along Castlemoor Drive from 35 feet to 29.8 feet.
Castlemoor Drive is a public street therefore parking must comply with the front
yard setback of 35 feet. If Castlemoor Drive is not vacated as proposed this setback
waiver to 29.8 feet is approved.
6. Group Usable Open Space from 600 square feet per unit to 175.27 square feet per
unit.
The proposed project includes indoor and outdoor spaces suitable for people to
recreate and socialize. The indoor spaces include areas such as community rooms,
a fitness center, a library, a sitting room, a sunroom, and craft rooms. The outdoor
spaces include terraces (including rooftop terraces)that include amenities as noted
in the narrative. The project provides a variety of opportunities for residents of
varying abilities and mobility levels to recreate and socialize.
7. Parking from 548 parking stalls 296 parking stalls
There are 146 underground parking spaces and 150 surface parking spaces
provided on the site plan. City Code requires 2 parking spaces per unit. The
proposal provides for 1.08 parking stalls per unit. Deducting the care center and
memory care units from that calculation is appropriate since those residents are
not driving. Therefore, the resulting parking ratio is 1.57 stalls per unit. Other
senior facilities with similar services have received waivers to the parking
requirements due to the unique nature of these facilities and impact on residents'
vehicular needs.
8. Covered Parking from 274 parking stalls to 146 parking stalls.
City Code requires 2 parking stalls per unit with at least one of the stalls (50% of
the stalls) being covered. The underground parking garage includes 146 parking
stalls. Of the 296 parking stalls provided, 146 are to be covered which is 49.3%of
the provided stalls.
9. Landscaping from 1388 caliper inches to 629.24 caliper inches
The plan currently provides for 758.76 caliper inches. The landscaping plan provides
a robust variety of plant materials that provide color and interest. The amount of
landscaping provided on site is appropriate and sustainable over the long term.
10. Allow Temporary Off-site parking
The plan proposes parking along the east side of the center drive that connects
Prairie Center Drive to Castlemoor Drive. These parking stalls are located on
proposed Outlot B and are not counted in the 150 parking stalls being provided
toward the Lot 1 parking. These stalls are proposed to be constructed as a part of
Phase I construction but will ultimately serve the development that will be
constructed on Outlot B and will be counted as part of the parking requirement
for that area. The Access and Maintenance Declaration will address this parking.
11. Payment in Lieu of Park Dedication
The developer has requested that the payment in lieu of park dedication be
waived for all 274 of the Presbyterian Homes units. This waiver request is
approved for only the 14 units to be provided at or below 30%AMI.
21. RETAINING WALLS: Prior to issuance by the City of any permit for grading or
construction on the Property, Developer shall submit to the Chief Building Official, and
obtain the Chief Building Official's written approval of detailed plans for any retaining
walls greater than four feet in height.
These plans shall include details with respect to the height, type of materials, and method
of construction to be used for the retaining walls.
Developer shall complete implementation of the approved retaining wall plan in
accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance
of any occupancy permit for the Property.
All maintenance and repair of all retaining walls on the Property shall be the responsibility
of the Developer, its successors and assigns.
22. PRIVATE SIDEWALK CONSTRUCTION: Developer shall complete implementation
of the approved private sidewalks as shown in the Plans in accordance with the terms of
Exhibit C prior to issuance of any occupancy permit for the Property.All private sidewalks
shall be open to the use of the public for purposes of pedestrian traffic. Maintenance of the
private sidewalks shall be governed by the terms of the Access and Maintenance
Declaration required in paragraph 5 of this Agreement.
23. 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.
24. 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 cut-off not to exceed 25 feet in height.
Developer shall complete implementation of the approved lighting plan prior to issuance
of any occupancy permit for the Property.
25. SITE AMENITIES PLAN AND CONSTRUCTION DETAILS: Prior to building
permit issuance for the Property, Developer shall submit to the City Planner and obtain the
City Planner's written approval of a Site Amenities Plan, including construction details,
for the Property consistent with the Exhibit B Plans. Future development on Outlot A and
Outlot B shall comply with the approved Site Amenities Plan.
The Site Amenities Plan shall include, but not be limited to the following: decorative
sidewalks and plazas; pedestrian gathering areas; planter boxes in the outdoor seating
areas; decorative surface materials for pedestrian connections; ivy wall; decorative
lighting; bollards; benches; decorative planters; decorative trash receptacles; wrought iron
aluminum fencing around outdoor dining areas as applicable; all the above in accordance
with and as depicted in the Plans. No permit shall be issued for any improvement to be
constructed by Developer's tenants until the City has approved in writing the plans for such
improvements. The quality of all amenities to be installed and or constructed by
Developer's tenants shall be equal to or greater than what is required by the Plans. If any
amenity features change from the approved Site Amenities Plan, all site amenity features
shall be consistently used in all project areas.
26. PRAIRIE CENTER DRIVE TURN LANE IMPROVEMENTS: Developer shall
construct right turn lane improvements on Prairie Center Drive adjacent to the Property.
Prior to issuance by the City of any permit for the construction of the right turn lane
improvements,Developer shall obtain the City Engineer's written approval of plans for the
turn lane and sidewalk improvements as depicted in the Plans. Such plans shall be of a plan
view and profile on 24 x 36 plan sheets consistent with City standards. Prior to release of
the final plat for the Property, Developer shall furnish to the City Engineer and receive the
City Engineer's written approval of security in the form of a bond, cash escrow, or letter
of credit equal to 125% of the cost of said improvements. Developer will pay to the City
a permit fee equal to five percent of construction value. The design engineer shall provide
daily inspection, certify completion in conformance to approved plans and specifications
and provide record drawings.
The Prairie Center Drive turn lane improvements must be completed prior to the issuance
of any occupancy permit for the Property.
27. STRUCTURE SETBACKS FROM 100 YEAR FLOOD ELEVATION: All permanent
structures which will abut existing wetlands or storm water pretreatment ponds must have
a minimum setback of 30 feet from the 100-year flood elevation as shown on the Plans.
28. 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.
29. TREE REPLACEMENT: The Developer agrees to meet the Tree Replacement
requirements through payment in lieu. The tree replacement requirement is 912 caliper
inches. City Code allows for this requirement to be met through payment in lieu of$125
per caliper inch. Prior to release of the final plat, Developer shall submit to the City
payment of$114,000.00 to meet this requirement.
30. WETLAND PLAN:
Prior to release of the land alteration permit for any portion of the Property, Developer
shall submit to the Water Resources Coordinator and receive the Water Resources
Coordinator's approval of a Wetland Plan. The approved Wetland Plan shall be consistent
with the materials and requirements shown on the Plans and as required by City Code. The
Plan shall include the following elements.
A. Wetland Delineation and Wetland Buffer Strip Evaluation: Developer shall
submit to the City a Wetland Buffer Strip Evaluation Report ("Buffer Report") in
accordance with the Wetland Plan and City Code requirements. If the Wetland
Delineation or Buffer Reports identify any unacceptable vegetation or other
conditions, the wetland and/or wetland buffer strip shall be graded, treated,
reseeded and/or replanted(thereon known as "Landscaping", or"Landscaped")by
the Developer within 90 days of submission of the Buffer Report or within 90 days
after receipt of a wetland permit for wetland alteration. If the Wetland Plan is
submitted after September 30th, the Landscaping must be completed by June 30tn
of the following year. If Landscaping of the wetland and/or wetland buffer strip is
required, the Developer shall submit a signed statement by a qualified wetland
consultant, as determined by the City Manager, stating that the wetland and/or
wetland buffer strip vegetation complies with all City requirements within 30 days
of completion of the Landscaping of the wetland and/or wetland buffer strip.
B. Annual Wetland and Wetland Buffer Strip Evaluation: Developer shall submit
a signed contract with a qualified wetland consultant, as determined by the City
Manager and/or designee, for preparation of an Annual Wetland and Wetland
Buffer Strip Evaluation Report(Annual Buffer Report)that evaluates the condition
of the wetland(s) and wetland buffer strip(s) and to determine if they are in
compliance with all City requirements. The Annual Buffer Report shall provide
both an action plan and proposed cost for correction of all problems identified
within the wetland(s) and/or wetland buffer strip(s).
The first Annual Buffer Report shall be submitted no later than November 1 of the
calendar year in which construction of the wetland and/or wetland buffer strip is
commenced. Thereafter, this report shall be submitted annually until two full
growing seasons following completion of the development have passed, at which
point a final Annual Report shall be submitted. The final Annual Buffer Report
shall evaluate the wetland(s) and wetland buffer strip(s) to determine if the
wetland(s) and/or wetland buffer strip(s) remain in compliance with all City
requirements.
If any unacceptable conditions or vegetation are identified within the Annual Buffer
Reports or final Annual Buffer Report, the Developer shall correct the area(s)
identified within 90 days of submission of the Annual Buffer Report.
C. Conservation Easement: Developer shall submit a Conservation Easement
attached as Exhibit E, for review and written approval by the Water Resources
Coordinator, for the area(s) delineated on the Plans. The Conservation Easement
shall by its terms terminate and supersede that certain Conservation Easement dated
May 8, 2008 and recorded with the Hennepin County Registrar of Title's Office as
Document No. 4497111. After approval by the City, Developer shall file the
Conservation Easement with Hennepin County Registrar of Title's Office and the
Hennepin County Recorder's Office, as appropriate, immediately after the
recording of the final plat,the Access and Maintenance Declaration,and the Access
Easement 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 Water Resources Coordinator proof that the amendment to the
Conservation Easement has been recorded in the Hennepin County Registrar of
Title's Office and the Hennepin County Recorder's Office as appropriate.
D. Wetland Buffer Strip Monuments: The Wetland Plan shall include a plan to
install all wetland buffer strip monuments for the property prior to release of the
first building permit for any portion of the Property. The Security referred to in
paragraph 30.E below shall include the cost for location, surveying, and installation
of the monuments. Wetland buffer strip monument locations shall be shown on the
final grading plan and final plat. The monument shall consist of a post and a
wetland buffer strip sign. The post shall be a 1.12 to 2.0 pounds per foot (1.12
pounds per foot is preferred) green steel channel post or other material pre-
approved in writing by the City Manager. The post shall be a minimum of 2.25
inches wide and 6 feet 6 inches long(2.25"x 6.5'). The sign shall have a minimum
size of 3 inch by 8 inch (3" x 8"). The sign shall be mounted flush with the top of
the post and shall include the statement "Conservation Easement: No Mowing
Allowed - Wetlands and buffers filter pollutants, reduce flooding and provide
habitat." The signs shall also include the City and Watershed District logos and
website links. The post shall be mounted to a height of four feet above grade and
set at least 2.5 feet in the ground. Removal of the wetland buffer strip monuments
is prohibited.
E. Wetland Performance Bond: Developer shall furnish to the Water Resources
Coordinator and receive the Water Resources Coordinator's approval of a Wetland
Plan performance bond,cash escrow, or letter of credit with a corporation approved
by the City Manager or other guarantee acceptable to the City Manager(hereinafter
referred to as the "Security") equal to 150% of the cost, as estimated by the City
Manager, of completing said Wetland Plan requirements and/or Landscaping as
depicted on the Plans and as required by City Code. Said Security shall cover costs
associated with the Wetland Plan during development and for two full growing
seasons following completion of the development.
If the Developer fails to implement the Wetland Plan in accordance with its terms,
the City may draw upon the Security in whole or in part to pay the cost of
implementation.
31. SNOW STORAGE AND REMOVAL: Snow storage shall not occur within any parking
stalls,parking islands,areas that provide for outdoor site amenities,or wetlands.Developer
shall be responsible for removal of snow from the site. If the site does not provide adequate
snow storage areas, snow shall be removed from the site by the Developer.
32. VACATION OF CASTLEMOOR DRIVE RIGHT-OF-WAY: Prior to issuance of a
land alteration permit,building permit or release of a final plat for the Property(whichever
occurs first), the following shall be required: Developer shall submit to the City Engineer
(i) written evidence that it has identified all utilities located within the right-of-way of
Castlemoor Drive; (ii)written evidence that all utility companies with infrastructure within
the right-of-way have consented to the vacation of Castlemoor Drive right-of-way
identified in the Plans, such document to be in form and content acceptable to the City, and
(iii) that the Developer has a written agreement with each utility company to relocate or
abandon existing utility lines if required by the utility company. Furthermore, prior to the
issuance of a land alteration permit, building permit or release of a final plat for the
Property (whichever occurs first), the City Council shall have adopted a resolution
vacating Castlemoor Drive right-of-way as presented in the Plans.
The Developer shall deliver to the City a title insurance commitment covering the Property
for the vacation of Castlemoor Drive.
Upon the vacation of Castlemoor Drive and until construction or development activities
require its removal, modification, or temporary closure related to construction or
maintenance activities, Developer shall keep vacated Castlemoor Drive open to the public
and Developer consents to the use of the vacated portion of Castlemoor Drive by the public
as if it were a public roadway. Developer shall employ necessary traffic control measures
for safety purposes during pre-construction activities in accordance with the MnDOT
Temporary Traffic Control Field Manual ("MnDOT Manual"). Developer shall submit
plans for such traffic control measures to the City Engineer prior to employing such
measures and shall follow such plans and the MnDOT Manual in implementing the
measures.
33. CONTRACTOR PARKING: The Developer must provide contractor parking areas
within the project boundaries during site development, including grading, utility
installation, and project buildout. Contractor parking will not be allowed on adjacent
public streets. A plan addressing contractor parking must be submitted to the Engineering
Division with the Land Alteration Permit for review and approval.
34. ACCESS TO PRAIRIE CENTER DRIVE: Developer must provide at all times during
the construction and development of Phase I and between all phases of the development a
direct and viable connection between the existing Fountain Place retail development and
Prairie Center Drive, except during the period of time necessary to install improvements at
the intersection of Castlemoor Drive and the access driveway into Fountain Place.
Developer must provide Fountain Place management with 30-days' notice of the
installation of the improvements. Such improvements shall be constructed by the
Developer in a manner utilizing reasonable construction methods designed to minimize the
period of time that the connection between the Fountain Place development and Prairie
Center Drive is closed for said construction. This access is currently provided by
Castlemoor Drive and upon completion of Phase I of the project will be provided by the
new north-south Private Street connecting Prairie Center Drive and the private street
located on Outlot C. To preserve access to Prairie Center Drive during construction,
Developer may not close that portion of vacated Castlemoor Drive that lies east of Outlot
C until the north-south Private Street is complete.
35. FUTURE % ACCESS AT PRAIRIE CENTER DRIVE. Based on the Traffic Study
prepared for the City by SRF Consulting Group, Inc. dated September 21, 2018, no
intersection improvements are required or anticipated as a result of the proposed
development of the Property. Developer and City agree and acknowledge, however, that
the development of Lot 1 and the proposed developments on Outlot A and Outlot B may
in fact result in increased traffic impacts requiring the construction of a 3/4 access at Prairie
Center Drive where it intersects with the planned north-south driveway connecting Outlot
C and Prairie Center Drive. At the request of the City staff, Developer has submitted
proposed conceptual plans the 3/4 access, which plans are included in the Plans listed on
Exhibit B to this Agreement. Developer and any future owner of Lot 1, along with any
future owners of Outlot A and Outlot B (collectively, the "Owners"), shall be solely
responsible for the cost of constructing the % access if and when either the City or the
Owners determine that such access is necessary.
If there is observed traffic exiting the development onto Prairie Center Drive that backs up
into the intersection of the North/South and East/West Private Streets at multiple fifteen
(15) minute increments throughout the day for more than 17 days in any 30-day period,
exclusive of the five(5) days immediately preceding and immediately after the holidays of
Thanksgiving Day, Christmas Day and Easter Sunday (hereinafter referred to as the
"Decision Criteria"), the City will provide notice to Owners. Thereafter, the City and the
Owners will work cooperatively over a thirty (30) day period to determine alternative
traffic signage or intersection controls to alleviate the back-up. If the City and the Owners
cannot mutually agree on an alternative traffic resolution, then the City may make a
determination that construction of the % access is necessary based on the continued
Decision Criteria.Upon the City making such a determination,it will provide written notice
to the Owners of its intent to construct the access at least ninety (90) days prior to the
commencement of construction. After construction is complete, the City shall send an
invoice to the Owners for the documented cost of the project, payment of which is due
within thirty (30) days of the date of the invoice. The Owners may apportion the cost
amongst themselves as they deem appropriate,but all Owners shall be jointly and severally
liable to the City for the full cost of the project. In lieu of invoicing the Owners, City
reserves the right to specially assess the Property for the cost of constructing the 3/4 access.
If the City undertakes design and construction of the 3/4 access under this paragraph, the
Owners shall grant to the City,at the City's request and at no cost to the City,any temporary
or permanent easements, rights of entry, or other approvals related to the Property
necessary for the City to construct the 3/4 access. The parties agree to binding arbitration
as the sole dispute resolution process to contest the City's decision made pursuant to this
paragraph. The arbitration shall be administered by the American Arbitration Association
("AAA") in accordance with its Commercial Arbitration Rules in effect on the date of this
Agreement using the AAA Streamlined Three-Arbitrator Panel Option 1. A demand for
arbitration shall be made in writing, delivered to the City and filed with the AAA. Such
demand must be filed within twenty(20) days of the date of the City's determination. If a
demand is not filed the City's determination is final and binding. The arbitrators' sole
authority shall be to determine if the City's decision is reasonable based on the Decision
Criteria. The arbitrators shall have no authority to award damages to either party provided,
however, the arbitrators may award reasonable attorney fees to the prevailing party. The
decision rendered by the arbitrators shall be final, and judgment may be entered upon it in
accordance with applicable law in any court having jurisdiction thereof. The foregoing
agreement to arbitrate applies only to this paragraph shall be specifically enforceable under
Minnesota law in any court having jurisdiction thereof. No joinder of other persons or
entities may be made without the consent in writing of the City and the Owners.
In the event the City in the future considers approval of one or more applications for
development(s) in the area surrounding the Property that may also impact the need for the
3/4 access,the City Engineer will propose an equitable allocation of the cost of the%access
between the Owners and the applicant(s) based on the number of approved parking stalls
on the Property and the new property that is the subject of the application(s) at the time of
the allocation. The agreement of the parties to the allocation shall be in a writing executed
by the City and the Owners and recorded against the Property and the new property.
If the Owners determine that the 3/4 access is necessary, they shall submit to the City a
petition signed by 100% of the owners of the Property in accordance with Minn. Stat. §
429.031, subd. 3, requesting that the City construct the necessary improvements. Upon
approval by the City Council,the City shall construct the%access and specially assess the
entire cost of the improvements against the Property. The Owners shall provide to the City
a waiver of appeal, notice and hearing to the special assessment. In the alternative, the
Owners may determine to undertake construction of the % access themselves, in which
case all plans and specifications shall be submitted to the City for approval prior to
commencement of construction. The Owners shall construct the % access in accordance
with the approved plans and specifications.
The terms of this paragraph 35 shall be incorporated into any future development
agreement applicable to Outlot A or Outlot B.
36. PRIOR DEVELOPMENT AGREEMENTS. This Agreement supersedes in its entirety
the 2008 Development Agreement as it applies to Lot 1. The 2008 Development
Agreement shall remain in full force and effect as applied to the remainder of the Property
covered by the 2008 Development Agreement, including Outlot A and Outlot B,until new
development agreements are executed by the City and property owners in connection with
such remainder of the Property. Where this Agreement contains different terms than the
2008 Development Agreement as applicable to Outlot A and Outlot B, the terms of this
Agreement shall govern. Furthermore, the covenants and restrictions set forth in the 2008
Indemnity Agreement, and the 2004 Special Assessment Agreement are of no further force
or effect and said documents may be disregarded in the real property records. The 2008
Special Assessment Agreement is of no further force or effect as to Lot 1.
37. MORTGAGEE CONSENTS. For any mortgage liens recorded against the Property prior
to the recording of the final plat and this Agreement, Developer will deliver to City
consents in the form attached hereto as Exhibit F.
38. NAMING OF PRIVATE STREETS. Prior to the issuance of an occupancy permit for
the Property, Developer shall provide to the City Engineer, and obtain the City Engineer's
approval, of proposed names for the Private Streets.
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
Ronald A. Case
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 ,
2019,by Ronald A. Case 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
PRESBYTERIAN HOMES HOUSING AND
ASSISTED LIVING, INC.,
a Minnesota non-profit corporation
By
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of , 2019, by
, the , of
PRESBYTERIAN HOMES HOUSING AND ASSISTED LIVING, INC., a Minnesota non-profit
corporation, 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—CASTLE RIDGE REDEVELOPMENT
LEGAL DESCRIPTION
Real property in the City of Eden Prairie, County of Hennepin, State of Minnesota, described as
follows:
TRACT A:
Parcel 1A:
Lot 2, Block 1, Fountain Place, according to the recorded plat thereof, Hennepin County,
Minnesota.
Abstract and Registered Property
Certificate of Title No. 1382455
Parcel 2A:
Outlot A, Castle Ridge 2nd Addition, according to the recorded plat thereof, Hennepin
County, Minnesota.
Registered Property
Certificate of Title No. 1382455
Parcel 3A:
Non-exclusive easement for access purposes for the benefit of Outlot A, Castle Ridge 2nd
Addition as defined in the Declaration of Access Easements dated May 6, 2008, recorded
May 16, 2008 as Document No. 4497122 in the office of the Registrar of Titles.
TRACT B:
Parcel 1B:
Lot 1, Block 2, Castle Ridge, according to the recorded plat thereof on file and of record in
the Office of the County Recorder, Hennepin County, Minnesota.
Abstract Property
Parcel 2B:
Non-exclusive easements and rights contained in the Declaration of Easements dated July 9,
1981, recorded July 28, 1981, as Document No. 4659643.
TRACT C:
Parcel 1C (Castle Ridge Apartments, LLC) Lot 2, Block 2, CASTLE RIDGE, according to
the recorded plat thereof on file and of record in the Office of the County Recorder,
Hennepin County, Minnesota.
Units in A Wing:
Unit Nos. 100, 101, 102, 103, 104, 105, 106, 107, 108, 200, 201, 202, 203, 204, 205, 206,
207, 208, 301, 302, 303, 304, 305, 306, 307, 308, 400, 401, 402, 403, 404, 405, 406, 407 and
408.
Units in B Wing:
Unit Nos. 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 221, 223, 224, 225, 226, 227,
228, 229, 230, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 421, 422, 424, 425, 426,
427, 428, 429 and 430.
Units in C Wing:
Unit Nos. 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 209, 210, 211, 212, 213,
214, 215, 216, 217, 218, 219, 309, 310, 311, 313, 314, 315, 316, 317, 318, 319, 409, 410,
411, 412, 413, 414, 415, 416, 417, 418 and 419.
Units in D Wing:
Unit Nos. 150, 151, 152, 153, 154, 155, 156, 157, 158, 250, 251, 252, 253, 254, 255, 256,
257, 258, 350, 351, 352, 353, 354, 355, 356, 357, 358, 450, 451, 452, 453, 454, 455, 456, 457
and 458.
Units in E Wing:
Unit Nos. 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 259, 260, 261, 262, 263,
264, 265, 266, 267, 268, 269, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 459,
460, 461, 462, 463, 464, 465, 466, 467, 468 and 469.
Units in F Wing:
Unit Nos. 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 271, 272, 273, 274, 275, 276,
277, 278, 279, 280, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 471, 472, 473, 474,
475, 476, 477, 478, 479 and 480.
Garage Unit Nos. 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24,
25, 26, 27 and 28.
All in Condominium No. 274, Castle Ridge Retirement Community, a condominium,
Hennepin County, Minnesota.
Parcel 2C (Trustees of the Judith W. Marr Trust u/a/d July 26, 2005) Unit No. 312 (C Wing)
and Garage Unit 13, Condominium No. 274, Castle Ridge Retirement Community, a
condominium, Hennepin County, Minnesota.
Parcel 3C: (Bruce D. Parkin)
Unit No. 300, Condominium No. 274, Castle Ridge Retirement Community, a condominium,
Hennepin County, Minnesota.
Parcel 4C: (Cheryl L. Stinski)
Unit No. 222 and Garage Unit No. 8, Condominium No. 274, Castle Ridge Retirement
Community, a condominium, Hennepin County, Minnesota.
Parcel 5C: (Margery A. Fehling and Cheryl Stinski)
Unit No. 423, Condominium No. 274, Castle Ridge Retirement Community, a condominium,
Hennepin County, Minnesota.
Parcel 6C: (K.S.C.S Properties, Inc., a Minnesota corporation)
Unit No. 500, Condominium No. 274, Castle Ridge Retirement Community, a condominium,
Hennepin County, Minnesota.
Parcel 7C:
Non-exclusive easements as contained in Declaration(of Easements) dated July 9, 1981,
recorded july 28, 1981 as Document No. 4659643.
Abstract Property
TOGETHER WITH:
That part of the Castlemoor Drive as dedicated on CASTLE RIDGE, according to the
recorded plat thereof, Hennepin County, Minnesota lying easterly of a line drawn
perpendicular from a point on the north line of said Castlemoor Drive, distant 62.48 feet
easterly of the southwest corner of Lot 1, Block 2, said CASTLE RIDGE, as measured along
the south line of said Lot 1. (road to be vacated)
Property to be removed from C-Corn and rezoned to RM-2.5:
That part of Lot 2, Block 2, CASTLE RIDGE and Outlot A, CASTLE RIDGE 2ND ADDITION,
according to the recorded plats thereof, all in Hennepin County, Minnesota, described as follows;
Beginning at a the most northerly corner of said Lot 2; thence South 65 degrees 25 minutes
29 seconds West assume bearing along the northerly line of said Lot 2, a distance of 13.22
feet to the most easterly corner of said Outlot A; thence North 16 degrees 32 minutes 23
seconds West along the northeasterly line of said Outlot A, a distance of 51.42 feet; thence
South 76 degrees 05 minutes 43 seconds West continuing along said northeasterly line, a
distance of 160.11 feet; thence South 47 degrees 32 minutes 37 seconds West continuing
along said northeasterly line, a distance of 70.52 feet; thence South 45 degrees 32 minutes
26 seconds East, a distance of 2.34 feet; thence Southeasterly, along a tangential curve,
concave to the Northeast, having a central angle of 21 degrees 30 minutes 27 seconds, a
radius of 158.33 feet for an arc distance of 59.43 feet; thence South 67 degrees 02 minutes
53 seconds East tangent to said curve, a distance of 91.65 feet; thence Southeasterly, along a
non-tangential curve, concave to the Southwest, having a central angle of 39 degrees 09
minutes 31 seconds, a radius of 153.81 feet for an arc distance of 105.12 feet; the chord of
said curve bears South 46 degrees 21 minutes 18 seconds East; thence Southeasterly along a
non-tangential curve, concave to the Northeast, having a central angle of 10 degrees 33
minutes 34 seconds, a radius of 458.33 feet for an arc distance of 84.47 feet; the chord of
said curve bears South 36 degrees 51 minutes 42 seconds East; thence Southerly along a
non-tangential curve, concave to the East, having a central angle of 49 degrees 57 minutes
23 seconds, a radius of 323.12 feet for an arc distance of 281.73 feet; the chord of said curve
bears South 19 degrees 29 minutes 12 seconds West; thence North 85 degrees 04 minutes 41
seconds East not tangent to said curve, a distance of 40.86 feet; thence Northerly along a
non-tangential curve, concave to the East, having a central angle of 03 degrees 41 minutes
41 seconds, a radius of 375.00 feet for an arc distance of 24.18 feet; the chord of said curve
bears North 02 degrees 47 minutes 06 seconds West to a point of compound curve; thence
Northeasterly having a central angle of 48 degrees 24 minutes 10 seconds and a radius of
280.00 feet for an arc distance of 236.54 feet; thence North 47 degrees 27 minutes 54
seconds East tangent to said curve, a distance of 90.30 feet to the northeasterly line of said
Lot 2; thence Northwesterly along said northeasterly line on a non-tangential curve, concave
to the Northeast, having a central angle of 12 degrees 52 minutes 18 seconds, a radius of
1,101.71 feet for an arc distance of 247.50 feet to the point of beginning, the chord of said
curve bears North 32 degrees 18 minutes 41 seconds West.
EXHIBIT B
DEVELOPMENT AGREEMENT—CASTLE RIDGE REDEVELOPMENT
SENIOR HOUSING
Land Use Application Narrative dated March 22, 2019 by Senior Housing Partners
Planning Commission Comments dated April 29, 2019 by Senior Housing Partners
Cover Page dated 6/4/49 by Westwood
Existing Conditions dated 6/4/19 by Westwood
Aerial Overlay Plan dated 6/4/19 by Westwood
Preliminary Plat dated 6/4/19 by Westwood
Significant Tree Inventory dated 6/4/19 by Westwood
PUD Site Plan dated 6/4/19 by Westwood
Phase I- Senior Housing Site Plan dated 6/4/19 by Westwood
Phase I— Senior Housing Grading Plan dated 6/4/19 by Westwood
Phase I— Senior Housing Sanitary and Water Plan dated 6/4/19 by Westwood
Phase I— Senior Housing Storm Sewer Plan dated 6/4/19 by Westwood
PUD Landscape Plan dated 6/4/19 by Westwood
Phase I— Senior Housing Landscape Plan dated 6/4/19 by Westwood
Landscape Details dated 6/4/19 by Westwood
Site Amenities Plan dated 6/4/19 by Westwood
Wetland Buffer Plan dated 6/4/19 by Westwood
Lighting Plan dated 6/4/19 by Westwood
Zoning Exhibit dated dated 6/4/19 by Westwood
Comparison Site Plan dated 6/4/19 by Westwood
Earthwork Exhibit dated 6/4/19 by Westwood
Garage Floor Plan A1.00 dated 3/14/19 by in site architects
First Floor Plan A1.01 dated 3/14/19 by in site architects
Second Floor Plan A1.02 dated 3/14/19 by in site architects
Third Floor Plan A1.03 dated 3/14/19 by in site architects
Fourth Floor Plan A1.04 dated 3/14/19 by in site architects
Fifth Floor Plan A1.05 dated 3/14/19 by in site architects
Building Elevations A1.7 dated 9/28/19 by in site architects
Building Elevations A1.8 dated 9/13/19 by in site architects
Building Elevations—Care Center A1.9 dated 1/8/19 by in site architects
Terrace Images by in site architects
Senior Housing Building PUD Supplementary Information dated 1/16/19 by in site architects
3/4 Access Removals dated 6/6/19 by Westwood
3/4 Access Improvements dated 6/6/19 by Westwood
Castle Ridge Redevelopment Site Logistics dated 1/18/19 by Westwood
MULTI-FAMILY RESIDENTIALCONCEPT PLAN
Contextual Aerial dated 4/17/19 by Tushie Montgomery Architects
Site Plan dated 4/17/19 by Tushie Montgomery Architects
Street Elevations and Section dated 4/17/19 by Tushie Montgomery Architects
Perspectives 4.0 dated 4/17/19 by Tushie Montgomery Architects
Perspectives 4.1 dated 4/17/19 by Tushie Montgomery Architects
Perspectives 4.2 dated 4/17/19 by Tushie Montgomery Architects
COMMERCIAL CONCEPT PLAN
Concept Submittal—Commercial Site Castle Ridge Redevelopment(Pages 1 — 15) dated January
2019 by Oppidan
Mood Board by Senior Housing Partners, Tushie Montgomery Architects and Oppidan
EXHIBIT C
DEVELOPMENT AGREEMENT—CASTLE RIDGE REDEVELOPMENT
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, with the exception of the 14
affordable units as described in Paragraph 3 of this Agreement, 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:
A. Castle Ridge Apartments LLC, and
B. Castle Ridge Care Center, Inc.
With respect to any interest in all portions of the Property which Developer is required,
pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"),
Developer represents and warrants as follows now and at the time of dedication or
conveyance:
A. That Developer has marketable fee title free and clear of all mortgages, liens, and
other encumbrances. Prior to final plat approval, Developer shall provide to the
City a current title insurance policy insuring such a condition of title.
B. That Developer has not used, employed, deposited, stored, disposed of, placed or
otherwise allowed to come in or on the Dedicated Property, any hazardous
substance, hazardous waste, pollutant, or contaminant, including, but not limited
to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec.
115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter
referred to as "Hazardous Substances");
C. That Developer has not allowed any other person to use, employ, deposit, store,
dispose of, place or otherwise have, in or on the Property, any Hazardous
Substances.
D. That 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 attorney's 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 the 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 the 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, 14404 Excelsior Blvd., Minnetonka, Minnesota 55305 or
CenturyLink, 14200 Wayzata Blvd. Ste F., Minnetonka, MN 55305.
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
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.
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.
XVII. Developer shall pay upon demand to the City all costs incurred by the City in conjunction
with the Applications. These costs include internal City administrative, planning and,
engineering costs and consulting costs, including but not limited to legal, engineering,
planning and financial, in review, investigation, administering and processing the
Applications and implementation of the approvals granted by the City.
EXHIBIT D - RENT ROLL
DEVELOPMENT AGREEMENT-CASTLE RIDGE REDEVELOPMENT
Apartment Complex Name
Address
Rent Limits mm/dd/yyyyto mm/dd/yyyy
Rent Limns; Units 1 Bedroom 2 Bedroom 2 Bedroom/Den 3 Bedroom
Affordable @
50%of Median $ - $ - $ - $ -
Apartment Number Household Market Max Rent Application %MY Initial Gross YYYY Initial Income
Number of Bedrooms Style Size Rent 50%of Median Date Annual Income limit
EXHIBIT E - CONSERVATION EASEMENT
DEVELOPMENT AGREEMENT—CASTLE RIDGE REDEVELOPMENT
CONSERVATION/SCENIC EASEMENT
CASTLE RIDGE REDEVELOPMENT
THIS EASEMENT AGREEMENT is made this day of , 2019, by
and between ,a ,hereinafter
referred to as "Grantor," and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation,
hereinafter referred to as "City";
WHEREAS, Grantor is the fee owner of land located in Hennepin County, Minnesota, more
fully described in Exhibit A, attached hereto and made a part hereof, and said land hereinafter referred
to as "the Property"; and,
WHEREAS, Grantor has marketable title to the Property, free and clear of all liens, mortgage,
and encumbrances, except:
WHEREAS, Grantor and City wish to enter into an agreement which will grant to City a
conservancy/scenic easement for conservation and preservation of the terrain and vegetation, and to
prohibit certain destructive acts thereon, over that portion of the Property as described in Exhibit B,
hereinafter referred to as the "Easement Area, attached hereto;
NOW, THEREFORE, in consideration of the premises contained herein, it is agreed by the
parties as follows:
1. Grantor hereby conveys to City and its successors and assigns a conservation and scenic
easement in, under, on, and over the Easement Area and City hereby accepts such
conveyance.
2. The following terms and conditions shall apply to the Easement Area:
A. The Easement Area shall be preserved predominantly in its natural condition. No
trees,shrubs,or other vegetation shall be planted or removed from the Easement Area
without the prior written consent of the City. The City will consider removal of
noxious weeds, as defined by Minnesota Statutes Sections 18.76-18.88, upon
submission and approval of a Vegetation Management Plan. No vegetation cutting,
fertilizer application or placement of turfgrass, such as Kentucky bluegrass, shall
occur within the Easement Area.
B. No building, road, sign, billboard, utility, or other structure shall be placed in the
Easement Area without the prior written consent of City.
C. No trash, waste, or other offensive material, soil, or landfill shall be placed upon or
within the Easement Area without the prior written consent of the City.
D. No change in the general topography of the Easement Area landscape,including,but
not limited, to excavation, dredging, movement, and removal or placement of soil,
shall be allowed within the Easement Area without the prior written consent of the
City.
E. Grantor may, no more than once per calendar year, remove sediment caused by
stormwater drainage into a stormwater ponding area. Any removal of sediment must
be pre-approved in writing by the City and be in accordance with City and Wetland
Conservation Act guidelines. Landscaping must be replaced in accordance with the
requirements outlined in this Conservation Easement.
3. With respect to the Easement Area, Grantor represents and warrants as follows:
A. That Grantor has marketable title free and clear of all liens, encumbrances and
mortgages.
B. That Grantor has not used, employed, deposited, stored, disposed of, placed or
otherwise allowed to come in or on the Easement Area, any hazardous substance,
hazardous waste, pollutant, or contaminant, including, but not limited to, those
defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et.
seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as
"Hazardous Substances");
C. That Grantor has not allowed any other person to use,employ,deposit, store,dispose
of,place or otherwise have, in or on the Easement Area, any Hazardous Substances;
D. That no previous owner, operator or possessor of the easement area, deposited,
stored, disposed of, placed, or otherwise allowed in or on the Easement Area any
Hazardous Substances;
Grantor agrees to indemnify,defend and hold harmless City,against any and all loss,costs,
damage and expense, including reasonable attorney's fees and costs that City incurs
because of the breach of any of the above representations or warranties and/or resulting
from or due to the inaccuracy or falsity of any representation or warranty herein.
4. Grantor agrees to permanently demarcate the location of the boundary of the conservation
easement on each lot property line or corner, as shown on Exhibit C. The monuments shall
be permanent steel channel posts that are a minimum of 2.25 inches wide and 6 feet 6
inches long (2.25" x 6.5'). The sign shall be a minimum of 2 Y2 by 6 inches (2.5" x 6")
that shall be mounted flush with the top of the post and shall include the statement
"Scenic/Conservation Easement Boundary, City of Eden Prairie". The post shall be
mounted to a height of four feet above grade and at least 2.5 feet in the ground. Removal
of the monuments is not allowed
5. Grantor agrees to maintain the Easement Area subject to the provisions stated herein.
6. The duration of this easement is perpetual and shall bind and inure to the benefit of the
parties,their successors, and assigns.
7. Nothing contained herein shall impair any right of City now held or hereafter acquired to
construct or maintain public utilities in or on the Easement Area.
8. Provisions of this Easement shall be binding upon and enforceable against the Property and
the Grantor, their successors and assigns of the Property.
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
By:
Ron Case, Mayor
By:
Rick Getschow, City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of , ,
by Ron Case 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 , ,
by , the of , a
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
"THE PROPERTY"
Legal Description Before Final Plat
Legal Description After Final Plat
EXHIBIT B
"EASEMENT AREA"
Legal Description Before Final Plat
Legal Description After Final Plat
EXHIBIT C
"EASEMENT AREA" DIAGRAM
CONSENT AND RELEASE [To be used if a mortgage is present on the title]
The undersigned, owner of the mortgage hereinafter described, for a valuable
consideration, do hereby consent to the terms and provisions of this Development Agreement and
does subordinate that certain mortgage dated , filed in the office of the County Record/
Registrar of Titles in and for the County of Hennepin, State of Minnesota,on the day of
, and recorded as Document No. covering the above and other land.
IN TESTIMONY WHEREOF, the said corporation has caused these presents to be
executed in its corporate name by its and its and
its corporate seal to be hereunto affixed this day of , 20
INSERT NAME OF MORTAGEE
By
Its
By
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
20 , by and the
and respectively, on behalf of the
corporation.
Notary Public
rfr\cons&re2
EXHIBIT F - MORTGAGEE CONSENT AND
SUBORDINATION
DEVELOPMENT AGREEMENT-CASTLE RIDGE REDEVELOPMENT
MORTGAGEE CONSENT AND SUBORDINATION
TO
DEVELOPMENT AGREEMENT
The undersigned, owner of that certain Mortgage dated the day of , recorded in the
office of the County Recorder or Registrar of Titles (as applicable) in and for the County of
Hennepin, State of Minnesota, on the day of , as Document No. covering
the Property described on Exhibit A hereto, for valuable consideration, does hereby consent to the
and subordinates it interest in the Property to that certain Development Agreement, to which this
Consent and Subordination is attached, dated _, 2019 by Presbyterian Homes Housing
and Assisted Living, Inc. to the City of Eden Prairie.
By:
Its:
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2019,by .
Notary Public
EXHIBIT A to
Mortgagee Consent and Subordination
OWNERS' SUPPLEMENT TO
DEVELOPMENT AGREEMENT BETWEEN
CASTLE RIDGE APARTMENTS, LLC
AND THE CITY OF EDEN PRAIRIE
THIS AGREEMENT, made and entered into as of , 2019,
by and between Castle Ridge Apartments LLC, a Minnesota Limited Liability Company,
("Owner"), and the CITY OF EDEN PRAIRIE ("City"):
For, and in consideration of, and to induce City to adopt 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,
Resolution No. for Site Plan Review, as more fully described in that certain Development
Agreement entered into as of , 2019, by and between
, a Minnesota , and City ("Development
Agreement")pertaining to that certain Property described on Exhibit A hereto, Owner agrees with City as
follows:
1. If PRESBYTERIAN HOMES HOUSING AND ASSISTED LIVING, INC., fails
to commence development in accordance with the Development Agreement and
fails to obtain an occupancy permit for all of the improvements referred to in the
Development Agreement within 24 months of the date of this Owners'
Supplement, Owner shall not oppose the City's reconsideration and rescission of
Resolution No. for Planned Unit Development Concept Review,
Ordinance No. for Planned Unit Development District Review and
Zoning District Amendment within the Commercial Regional Service Zoning
District, Resolution No. for Site Plan Review, identified above, thus
restoring the status of the Property before the Development Agreement and all
approvals listed above were approved.
2. This Agreement and the Development Agreement shall be binding upon and
enforceable against the Property and the Owner, their successors and assigns of
the Property.
3. If Owner transfers this Property, Owner shall obtain an agreement from the
transferee requiring that such transferee agree to all of the terms, conditions and
obligations of"Developer" in the Development Agreement. Neither the Owner or
transferee are required to develop the property in accordance with this Agreement,
so long as Owner or transferee obtain such approvals as are required by City Code
to develop the Property in a manner other than as set forth in this Agreement.
IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to
be executed as of the day and year aforesaid.
Castle Ridge Apartments LLC CITY OF EDEN PRAIRIE
By
By
Its Ronald A. Case
Its Mayor
By
By
Its Rick Getschow
Its City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
, 2019, by Ronald A. Case 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
, 2019, by , the of
Castle Ridge Apartments LLC, a Minnesota limited liability company, on behalf of the company.
Notary Public
EXHIBIT A
OWNERS SUPPLEMENT
LEGAL DESCRIPTION
Real property in the City of Eden Prairie, County of Hennepin, State of Minnesota, described as
follows:
TRACT A:
Parcel 1A:
Lot 2, Block 1, Fountain Place, according to the recorded plat thereof, Hennepin County,
Minnesota.
Abstract and Registered Property
Certificate of Title No. 1382455
Parcel 2A:
Outlot A, Castle Ridge 2nd Addition, according to the recorded plat thereof, Hennepin
County, Minnesota.
Registered Property
Certificate of Title No. 1382455
Parcel 3A:
Non-exclusive easement for access purposes for the benefit of Outlot A, Castle Ridge 2nd
Addition as defined in the Declaration of Access Easements dated May 6, 2008, recorded
May 16, 2008 as Document No. 4497122 in the office of the Registrar of Titles.
TRACT B:
Parcel 1B:
Lot 1, Block 2, Castle Ridge, according to the recorded plat thereof on file and of record in
the Office of the County Recorder, Hennepin County, Minnesota.
Abstract Property
Parcel 2B:
Non-exclusive easements and rights contained in the Declaration of Easements dated July 9,
1981, recorded July 28, 1981, as Document No. 4659643.
TRACT C:
Parcel 1C (Castle Ridge Apartments, LLC) Lot 2, Block 2, CASTLE RIDGE, according to
the recorded plat thereof on file and of record in the Office of the County Recorder,
Hennepin County, Minnesota.
Units in A Wing:
Unit Nos. 100, 101, 102, 103, 104, 105, 106, 107, 108, 200, 201, 202, 203, 204, 205, 206,
207, 208, 301, 302, 303, 304, 305, 306, 307, 308, 400, 401, 402, 403, 404, 405, 406, 407 and
408.
Units in B Wing:
Unit Nos. 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 221, 223, 224, 225, 226, 227,
228, 229, 230, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 421, 422, 424, 425, 426,
427, 428, 429 and 430.
Units in C Wing:
Unit Nos. 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 209, 210, 211, 212, 213,
214, 215, 216, 217, 218, 219, 309, 310, 311, 313, 314, 315, 316, 317, 318, 319, 409, 410,
411, 412, 413, 414, 415, 416, 417, 418 and 419.
Units in D Wing:
Unit Nos. 150, 151, 152, 153, 154, 155, 156, 157, 158, 250, 251, 252, 253, 254, 255, 256,
257, 258, 350, 351, 352, 353, 354, 355, 356, 357, 358, 450, 451, 452, 453, 454, 455, 456, 457
and 458.
Units in E Wing:
Unit Nos. 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 259, 260, 261, 262, 263,
264, 265, 266, 267, 268, 269, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 459,
460, 461, 462, 463, 464, 465, 466, 467, 468 and 469.
Units in F Wing:
Unit Nos. 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 271, 272, 273, 274, 275, 276,
277, 278, 279, 280, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 471, 472, 473, 474,
475, 476, 477, 478, 479 and 480.
Garage Unit Nos. 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24,
25, 26, 27 and 28.
All in Condominium No. 274, Castle Ridge Retirement Community, a condominium,
Hennepin County, Minnesota.
Parcel 2C (Trustees of the Judith W. Marr Trust u/a/d July 26, 2005) Unit No. 312 (C Wing)
and Garage Unit 13, Condominium No. 274, Castle Ridge Retirement Community, a
condominium, Hennepin County, Minnesota.
Parcel 3C: (Bruce D. Parkin)
Unit No. 300, Condominium No. 274, Castle Ridge Retirement Community, a condominium,
Hennepin County, Minnesota.
Parcel 4C: (Cheryl L. Stinski)
Unit No. 222 and Garage Unit No. 8, Condominium No. 274, Castle Ridge Retirement
Community, a condominium, Hennepin County, Minnesota.
Parcel 5C: (Margery A. Fehling and Cheryl Stinski)
Unit No. 423, Condominium No. 274, Castle Ridge Retirement Community, a condominium,
Hennepin County, Minnesota.
Parcel 6C: (K.S.C.S Properties, Inc., a Minnesota corporation)
Unit No. 500, Condominium No. 274, Castle Ridge Retirement Community, a condominium,
Hennepin County, Minnesota.
Parcel 7C:
Non-exclusive easements as contained in Declaration(of Easements) dated July 9, 1981,
recorded july 28, 1981 as Document No. 4659643.
Abstract Property
TOGETHER WITH:
That part of the Castlemoor Drive as dedicated on CASTLE RIDGE, according to the
recorded plat thereof, Hennepin County, Minnesota lying easterly of a line drawn
perpendicular from a point on the north line of said Castlemoor Drive, distant 62.48 feet
easterly of the southwest corner of Lot 1, Block 2, said CASTLE RIDGE, as measured along
the south line of said Lot 1. (road to be vacated)
Property to be removed from C-Corn and rezoned to RM-2.5:
That part of Lot 2, Block 2, CASTLE RIDGE and Outlot A, CASTLE RIDGE 2ND ADDITION,
according to the recorded plats thereof, all in Hennepin County, Minnesota, described as follows;
Beginning at a the most northerly corner of said Lot 2; thence South 65 degrees 25 minutes
29 seconds West assume bearing along the northerly line of said Lot 2, a distance of 13.22
feet to the most easterly corner of said Outlot A; thence North 16 degrees 32 minutes 23
seconds West along the northeasterly line of said Outlot A, a distance of 51.42 feet; thence
South 76 degrees 05 minutes 43 seconds West continuing along said northeasterly line, a
distance of 160.11 feet; thence South 47 degrees 32 minutes 37 seconds West continuing
along said northeasterly line, a distance of 70.52 feet; thence South 45 degrees 32 minutes
26 seconds East, a distance of 2.34 feet; thence Southeasterly, along a tangential curve,
concave to the Northeast, having a central angle of 21 degrees 30 minutes 27 seconds, a
radius of 158.33 feet for an arc distance of 59.43 feet; thence South 67 degrees 02 minutes
53 seconds East tangent to said curve, a distance of 91.65 feet; thence Southeasterly, along a
non-tangential curve, concave to the Southwest, having a central angle of 39 degrees 09
minutes 31 seconds, a radius of 153.81 feet for an arc distance of 105.12 feet; the chord of
said curve bears South 46 degrees 21 minutes 18 seconds East; thence Southeasterly along a
non-tangential curve, concave to the Northeast, having a central angle of 10 degrees 33
minutes 34 seconds, a radius of 458.33 feet for an arc distance of 84.47 feet; the chord of
said curve bears South 36 degrees 51 minutes 42 seconds East; thence Southerly along a
non-tangential curve, concave to the East, having a central angle of 49 degrees 57 minutes
23 seconds, a radius of 323.12 feet for an arc distance of 281.73 feet; the chord of said curve
bears South 19 degrees 29 minutes 12 seconds West; thence North 85 degrees 04 minutes 41
seconds East not tangent to said curve, a distance of 40.86 feet; thence Northerly along a
non-tangential curve, concave to the East, having a central angle of 03 degrees 41 minutes
41 seconds, a radius of 375.00 feet for an arc distance of 24.18 feet; the chord of said curve
bears North 02 degrees 47 minutes 06 seconds West to a point of compound curve; thence
Northeasterly having a central angle of 48 degrees 24 minutes 10 seconds and a radius of
280.00 feet for an arc distance of 236.54 feet; thence North 47 degrees 27 minutes 54
seconds East tangent to said curve, a distance of 90.30 feet to the northeasterly line of said
Lot 2; thence Northwesterly along said northeasterly line on a non-tangential curve, concave
to the Northeast, having a central angle of 12 degrees 52 minutes 18 seconds, a radius of
1,101.71 feet for an arc distance of 247.50 feet to the point of beginning, the chord of said
curve bears North 32 degrees 18 minutes 41 seconds West.
OWNERS' SUPPLEMENT TO
DEVELOPMENT AGREEMENT BETWEEN
CASTLE RIDGE CARE CENTER,INC.
AND THE CITY OF EDEN PRAIRIE
THIS AGREEMENT, made and entered into as of , 2019,
by and between Castle Ridge Care Center,Inc, a Minnesota corporation,("Owner"),and the CITY
OF EDEN PRAIRIE ("City"):
For, and in consideration of, and to induce City to adopt 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,
Resolution No. for Site Plan Review, as more fully described in that certain Development
Agreement entered into as of , 2019, by and between
, a Minnesota , and City ("Development
Agreement")pertaining to that certain Property described on Exhibit A hereto, Owner agrees with City as
follows:
2. If PRESBYTERIAN HOMES HOUSING AND ASSISTED LIVING, INC., fails
to commence development in accordance with the Development Agreement and
fails to obtain an occupancy permit for all of the improvements referred to in the
Development Agreement within 24 months of the date of this Owners'
Supplement, Owner shall not oppose the City's reconsideration and rescission of
Resolution No. for Planned Unit Development Concept Review,
Ordinance No. for Planned Unit Development District Review and
Zoning District Amendment within the Commercial Regional Service Zoning
District, Resolution No. for Site Plan Review, identified above, thus
restoring the status of the Property before the Development Agreement and all
approvals listed above were approved.
2. This Agreement and the Development Agreement shall be binding upon and
enforceable against the Property and the Owner, their successors and assigns of
the Property.
3. If Owner transfers this Property, Owner shall obtain an agreement from the
transferee requiring that such transferee agree to all of the terms, conditions and
obligations of"Developer" in the Development Agreement. Neither the Owner or
transferee are required to develop the property in accordance with this Agreement,
so long as Owner or transferee obtain such approvals as are required by City Code
to develop the Property in a manner other than as set forth in this Agreement.
IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to
be executed as of the day and year aforesaid.
CASTLE RIDGE CARE CENTER,INC CITY OF EDEN PRAIRIE
By
By
Its Ronald A. Case
Its Mayor
By
By
Its Rick Getschow
Its City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
, 2019, by Ronald A. Case 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
{00187471 4} 52
Castle Ridge Redevelopment Development Agreement Date of Approval
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
, 2015, by , the of
Castle Ridge Care Center, Inc., a Minnesota , on behalf of the
corporation.
Notary Public
{00187471 4} 53
Castle Ridge Redevelopment Development Agreement Date of Approval
EXHIBIT A
OWNERS SUPPLEMENT
LEGAL DESCRIPTION
Real property in the City of Eden Prairie, County of Hennepin, State of Minnesota, described as
follows:
TRACT A:
Parcel 1A:
Lot 2, Block 1, Fountain Place, according to the recorded plat thereof, Hennepin County,
Minnesota.
Abstract and Registered Property
Certificate of Title No. 1382455
Parcel 2A:
Outlot A, Castle Ridge 2nd Addition, according to the recorded plat thereof, Hennepin
County, Minnesota.
Registered Property
Certificate of Title No. 1382455
Parcel 3A:
Non-exclusive easement for access purposes for the benefit of Outlot A, Castle Ridge 2nd
Addition as defined in the Declaration of Access Easements dated May 6, 2008, recorded
May 16, 2008 as Document No. 4497122 in the office of the Registrar of Titles.
TRACT B:
Parcel 1B:
Lot 1, Block 2, Castle Ridge, according to the recorded plat thereof on file and of record in
the Office of the County Recorder, Hennepin County, Minnesota.
Abstract Property
Parcel 2B:
{00187471 4} 54
Castle Ridge Redevelopment Development Agreement Date of Approval
Non-exclusive easements and rights contained in the Declaration of Easements dated July 9,
1981, recorded July 28, 1981, as Document No. 4659643.
TRACT C:
Parcel 1C (Castle Ridge Apartments, LLC) Lot 2, Block 2, CASTLE RIDGE, according to
the recorded plat thereof on file and of record in the Office of the County Recorder,
Hennepin County, Minnesota.
Units in A Wing:
Unit Nos. 100, 101, 102, 103, 104, 105, 106, 107, 108, 200, 201, 202, 203, 204, 205, 206,
207, 208, 301, 302, 303, 304, 305, 306, 307, 308, 400, 401, 402, 403, 404, 405, 406, 407 and
408.
Units in B Wing:
Unit Nos. 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 221, 223, 224, 225, 226, 227,
228, 229, 230, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 421, 422, 424, 425, 426,
427, 428, 429 and 430.
Units in C Wing:
Unit Nos. 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 209, 210, 211, 212, 213,
214, 215, 216, 217, 218, 219, 309, 310, 311, 313, 314, 315, 316, 317, 318, 319, 409, 410,
411, 412, 413, 414, 415, 416, 417, 418 and 419.
Units in D Wing:
Unit Nos. 150, 151, 152, 153, 154, 155, 156, 157, 158, 250, 251, 252, 253, 254, 255, 256,
257, 258, 350, 351, 352, 353, 354, 355, 356, 357, 358, 450, 451, 452, 453, 454, 455, 456, 457
and 458.
Units in E Wing:
Unit Nos. 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 259, 260, 261, 262, 263,
264, 265, 266, 267, 268, 269, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 459,
460, 461, 462, 463, 464, 465, 466, 467, 468 and 469.
Units in F Wing:
Unit Nos. 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 271, 272, 273, 274, 275, 276,
{00187471 4} SS
Castle Ridge Redevelopment Development Agreement Date of Approval
277, 278, 279, 280, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 471, 472, 473, 474,
475, 476, 477, 478, 479 and 480.
Garage Unit Nos. 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24,
25, 26, 27 and 28.
All in Condominium No. 274, Castle Ridge Retirement Community, a condominium,
Hennepin County, Minnesota.
Parcel 2C (Trustees of the Judith W. Man Trust u/a/d July 26, 2005) Unit No. 312 (C Wing)
and Garage Unit 13, Condominium No. 274, Castle Ridge Retirement Community, a
condominium, Hennepin County, Minnesota.
Parcel 3C: (Bruce D. Parkin)
Unit No. 300, Condominium No. 274, Castle Ridge Retirement Community, a condominium,
Hennepin County, Minnesota.
Parcel 4C: (Cheryl L. Stinski)
Unit No. 222 and Garage Unit No. 8, Condominium No. 274, Castle Ridge Retirement
Community, a condominium, Hennepin County, Minnesota.
Parcel 5C: (Margery A. Fehling and Cheryl Stinski)
Unit No. 423, Condominium No. 274, Castle Ridge Retirement Community, a condominium,
Hennepin County, Minnesota.
Parcel 6C: (K.S.C.S Properties, Inc., a Minnesota corporation)
Unit No. 500, Condominium No. 274, Castle Ridge Retirement Community, a condominium,
Hennepin County, Minnesota.
Parcel 7C:
Non-exclusive easements as contained in Declaration(of Easements) dated July 9, 1981,
recorded july 28, 1981 as Document No. 4659643.
Abstract Property
TOGETHER WITH:
That part of the Castlemoor Drive as dedicated on CASTLE RIDGE, according to the
recorded plat thereof, Hennepin County, Minnesota lying easterly of a line drawn
perpendicular from a point on the north line of said Castlemoor Drive, distant 62.48 feet
easterly of the southwest corner of Lot 1, Block 2, said CASTLE RIDGE, as measured along
{00187471 4} 56
Castle Ridge Redevelopment Development Agreement Date of Approval
the south line of said Lot 1. (road to be vacated)
Property to be removed from C-Com and rezoned to RM-2.5:
That part of Lot 2, Block 2, CASTLE RIDGE and Outlot A, CASTLE RIDGE 2ND ADDITION,
according to the recorded plats thereof, all in Hennepin County, Minnesota, described as follows;
Beginning at a the most northerly corner of said Lot 2; thence South 65 degrees 25 minutes
29 seconds West assume bearing along the northerly line of said Lot 2, a distance of 13.22
feet to the most easterly corner of said Outlot A; thence North 16 degrees 32 minutes 23
seconds West along the northeasterly line of said Outlot A, a distance of 51.42 feet; thence
South 76 degrees 05 minutes 43 seconds West continuing along said northeasterly line, a
distance of 160.11 feet; thence South 47 degrees 32 minutes 37 seconds West continuing
along said northeasterly line, a distance of 70.52 feet; thence South 45 degrees 32 minutes
26 seconds East, a distance of 2.34 feet; thence Southeasterly, along a tangential curve,
concave to the Northeast, having a central angle of 21 degrees 30 minutes 27 seconds, a
radius of 158.33 feet for an arc distance of 59.43 feet; thence South 67 degrees 02 minutes
53 seconds East tangent to said curve, a distance of 91.65 feet; thence Southeasterly, along a
non-tangential curve, concave to the Southwest, having a central angle of 39 degrees 09
minutes 31 seconds, a radius of 153.81 feet for an arc distance of 105.12 feet; the chord of
said curve bears South 46 degrees 21 minutes 18 seconds East; thence Southeasterly along a
non-tangential curve, concave to the Northeast, having a central angle of 10 degrees 33
minutes 34 seconds, a radius of 458.33 feet for an arc distance of 84.47 feet; the chord of
said curve bears South 36 degrees 51 minutes 42 seconds East; thence Southerly along a
non-tangential curve, concave to the East, having a central angle of 49 degrees 57 minutes
23 seconds, a radius of 323.12 feet for an arc distance of 281.73 feet; the chord of said curve
bears South 19 degrees 29 minutes 12 seconds West; thence North 85 degrees 04 minutes 41
seconds East not tangent to said curve, a distance of 40.86 feet; thence Northerly along a
non-tangential curve, concave to the East, having a central angle of 03 degrees 41 minutes
41 seconds, a radius of 375.00 feet for an arc distance of 24.18 feet; the chord of said curve
bears North 02 degrees 47 minutes 06 seconds West to a point of compound curve; thence
Northeasterly having a central angle of 48 degrees 24 minutes 10 seconds and a radius of
280.00 feet for an arc distance of 236.54 feet; thence North 47 degrees 27 minutes 54
seconds East tangent to said curve, a distance of 90.30 feet to the northeasterly line of said
Lot 2; thence Northwesterly along said northeasterly line on a non-tangential curve, concave
to the Northeast, having a central angle of 12 degrees 52 minutes 18 seconds, a radius of
1,101.71 feet for an arc distance of 247.50 feet to the point of beginning, the chord of said
curve bears North 32 degrees 18 minutes 41 seconds West.
{00187471 4} 57
Castle Ridge Redevelopment Development Agreement Date of Approval
CITY COUNCIL AGENDA DATE:
SECTION: Public Hearings July 16, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Community Development/Planning Sheldon Place Townhomes IX.A.
Janet Jeremiah/Beth Novak-Krebs
Requested Action
• Close the Public Hearing; and
• Adopt a Resolution for Planned Unit Development Concept Review on 1.01 acres
• Approve the 1st Reading of the Ordinance for a Planned Unit Development District Review
with waivers on 1.01 acres and a Zoning District Change from Rural to RM-6.5 on 1.01
acres
• Adopt a Resolution for a Preliminary Plat of one lot into 11 lots on 1.01 acres
• Direct Staff to prepare a Development Agreement incorporating Staff and Commission
recommendations and Council conditions
Synopsis
The applicant is proposing to build 10 townhome units at 7960 Eden Prairie Road. The 1.01-acre
property is located on the west side of Eden Prairie Road approximately 1/2 mile south of
Highway 5. The site was formerly occupied by Gunnar Electric. There is an office building, shop
building, and a number of sheds on the property. The applicant is proposing two 3-unit buildings
at the north and south ends of the property and two 2-unit buildings along the west side of the
property. Access to the site will remain in its current location across from Glory Lane. The
buildings are proposed at 2 1/2-stories and each unit is proposed at approximately 3,440 square
feet with a two car garage and two additional covered parking stalls for guests in front of the
garage. The units consist of a lower level, a main level with living space and an upper level. The
units are designed to include an elevator if the homeowner selects that option. In addition to the
parking stalls in front of the two car garages, the proposed plan include 5 surface parking stalls
for visitors. The proposal includes a pedestrian connection to the trail along Eden Prairie Road.
The proposal also includes a semi-circular seating area next to the sidewalk as a small gathering
area for residents.
Background
Gunnar Electric previously operated on the site and as the business grew the use of the property
evolved. This created a number of nonconforming issues on the site. This proposal redevelops
the site and would remove the non-conforming issues. The septic system and wells will be
abandoned and removed, the existing buildings will be demolished and the site will be prepared
for redevelopment. The new buildings with code compliant building materials and the
landscaping will improve the aesthetics of the site. This plan is consistent with the
Comprehensive Plan's for this property.
Requested Waivers
The property is currently guided Medium Density Residential and is zoned Rural. The applicant
is requesting to rezone to RM-6.5. The size and shape of the property and the frontage on a
County highway make development of the site challenging. As a result, the applicant is
requesting a number of waivers for the flexibility to development the site with townhomes. In
exchange for the waivers, the applicant is proposing a number of improvements that potentially
provide value to the City. The developer is proposing to provide a trail easement along the public
trail on the west side of Eden Prairie Road, a pedestrian connection to the trail for residents of
the project to access Miller Park and the regional trail system, and a variety of native plantings.
As a part of the PUD process, the applicant is seeking waivers to City Code requirements as
outlined below.
1. Minimum Lot Size
City Code requires a minimum lot size of 3,000 square feet. The applicant is requesting a
minimum lot size of 1,740 square feet for each unit(Lots 1-10).
2. Minimum Lot Depth
City Code requires a minimum lot depth of 100 feet. The applicant is requesting a minimum
lot depth of 58 feet for each unit(Lots 1-10).
3. Density
City Code allows a maximum density of 6.7 dwelling units per acre. The applicant is
requesting a density of 10 units per acre. The proposed density is consistent with the guiding
of the property,which allows 2.5 to 10 units per acre. The Comprehensive Plan states that up
to 10 units per acre from 6.7 units per acre is allowed with PUD approval.
4. Front Building Setback
City Code requires a front building setback of 30 feet. The applicant is requesting a front
building setback of 20 feet. This allows the flexibility to fit the units on a long and narrow
site.
5. Front Parking Setback
City Code requires a front parking setback of 30 feet. The applicant is requesting a parking
setback of 5 feet. This allows the visitor parking to be located at the front of the property and
not adjacent to the neighboring properties.
6. Minimum Side Yard Setback
City Code requires a minimum side yard setback of 10 feet. The applicant is requesting a
minimum side yard setback of 7.5 feet for Lots 5 and 6. This allows the two duplex units to
be 5' closer together to fit other improvements on the site.
7. Site Area Per Unit
City Code requires a gross site area of 6,500 square feet per unit. The applicant is requesting
a gross site area 4,418 square feet per unit.
8. Group Usable Open Space
City Code requires a 1,000 square feet of Group Usable Open Space per unit. The applicant
is requesting 28 square feet per unit. Group Usable Open Space relates more to larger and
more dense multifamily buildings than townhomes. This site has access to Miller Park,the
trail along Eden Prairie Road and the regional trail system.
9. Lots Without Street Frontage
City Code requires all lots to have frontage on a public street. The applicant is requesting a
waiver because the lots for each individual unit do not have frontage on a public street. The
overall project does have frontage on a public street.
Sustainable Features
The applicant is proposing to include the following sustainable features in the project:
• Energy Star rated appliances
• High efficiency rated HVAC systems
• LED lighting fixtures
• Low flush plumbing toilet fixtures and other building products that reflect sustainability.
• Some native plant species.
A Phase 1 ESA was completed. The report identified that the site was once used as a gas station.
Within the two existing structures, there is one auto repair pit in each building. Secondary
testing was completed on the pits and low levels of diesel range organics were identified. The
findings were provided to the MPCA, who ruled that the findings were not to a level that would
require the MPCA to enroll the site in a release program. The applicant is proposing to have a
consultant on site upon demolition to evaluate what if any additional soils should be removed
from the site as part of the development process.
No affordability or inclusionary housing requirements are recommended to be applied to the
project, as the suitability of such requirements for this type of for-sale owner-occupied housing
are to be considered and addressed by the City's newly formed Housing Task Force.
The project meets the landscaping requirements. The project requires 109 caliper inches for tree
replacement. The applicant is providing 31 caliper inches of tree replacement leaving a deficit of
78 caliper inches. The applicant is proposing to comply with the tree replacement requirements
by making a cash payment for the deficit as allowed by City Code.
Planning Commission Recommendation
The Planning Commission voted 7-0 to recommend approval of the project at the June 10, 2019
meeting.
Attachments
1. Ordinance for PUD and Zoning District Change
2. Resolution for Planned Unit Development Concept Review
3. Resolution for Preliminary Plat
4. Staff Report
5. Land Use Map
6. Zoning Map
7. Aerial photo
8. Planning Commission Minutes
SHELDON PLACE TOWNHOMES
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. -2019-PUD- -2019
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,REMOVING
CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,
AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99
WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance (hereinafter, the
"land") is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be removed from the
Rural Zoning District and be placed in the RM-6.5 Zoning District as noted in Exhibit A_-2019-
PUD- -2019 (hereinafter "PUD- -2019- ").
Section 3. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of entered into between Schaefco Development,
LLC, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development
Agreement contains the terms and conditions of PUD-_-2019- , and are hereby made a
part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD-_-2019- is not in conflict with the goals of the Comprehensive Guide
Plan of the City.
B. PUD-_-2019- 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-_-2019- are justified by the design of the
development described therein.
D. PUD- -2019- is of sufficient size, composition, and arrangement that its
construction, marketing, and operation are feasible as a complete unit without
dependence upon any subsequent unit.
Section 5. The proposal is hereby adopted and the land shall be, and hereby is
removed from the Rural and placed in the RM-6.5 Zoning District respectively as noted in
Exhibit A and shall be included hereafter in the Planned Unit Development PUD-_-2019-
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 July, 2019, 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
, 2019.
ATTEST:
Kathleen Porta, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Eden Prairie News on , 2019.
EXHIBIT A
Rural to RM-6.5 on 1.01 Acres
Legal Description Prior to Final Plat:
The North 20 rods of the South 42 rods of the East 10 rods of Government Lot 3, Section 17, Township
116 North, Range 22 West of the 5th Principal Meridian,Hennepin County,Minnesota
Legal Description After the Final Plat
Lots 1-11,Block 1, Sheldon Place,Hennepin County,Minnesota
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2019-
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT OF SHELDON PLACE TOWNHOMES
FOR SCHAEFCO DEVELOPMENT
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 June 10, 2019,
on Sheldon Place Townhomes by Schaefco Development LLC 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 July 16, 2019.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1. Sheldon Place Townhomes,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 July 10, 2019,
3. That the PUD Concept meets the recommendations of the Planning Commission
dated June 10, 2019.
ADOPTED by the City Council of the City of Eden Prairie this 16th day of July, 2019.
Ronald A. Case, Mayor
ATTEST:
Kathleen Porta, City Clerk
EXHIBIT A
PUD Concept
Legal Description:
Legal Description Prior to Final Plat
The North 20 rods of the South 42 rods of the East 10 rods of Government Lot 3, Section 17,
Township 116 North, Range 22 West of the 5tn Principal Meridian, Hennepin County, Minnesota
Legal Description After the Final Plat
Lots 1-11, Block 1, Sheldon Place, Hennepin County, Minnesota
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2019-
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF SHELDON PLACE FOR SCHAEFCO DEVELOPMENT, LLC
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of Sheldon Place for Schaefco Development, LLC stamp dated July 10,
2019, and consisting of 1.01 acres into 11 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 subject to approval of the 2nd
reading of the Ordinance for the Planned Development District Review with waivers and a
Zoning District change and approval of the Development Agreement.
ADOPTED by the Eden Prairie City Council on the 16th day of July, 2019.
Ronald A. Case, Mayor
ATTEST:
Kathleen Porta, City Clerk
STAFF REPORT
TO: Planning Commission
FROM: Beth Novak-Krebs, Senior Planner
DATE: June 6, 2019
SUBJECT: Sheldon Place Townhomes
LOCATION: 7960 Eden Prairie Road
APPLICANT: Schaefco Development, LLC
120-DAY
REVIEW: August 26, 2019
REQUEST: 1. Planned Unit Development Concept Review on 1.01 acres
2. Planned Unit Development District Review with waivers on 1.01 acres
3. Zoning District Change from Rural to RM-6.5 on 1.01 acres
4. Site Plan Review on 1.01 acres
5. Preliminary Plat of one lot into 11 lots on 1.01 acres
BACKGROUND
The applicant is proposing to build 10 townhome units , ��,��; i "�
at 7960 Eden Prairie Road. The 1.01-acre property is �,N094N `.e
MBER-AT(
located on the west side of Eden Prairie Road
approximately'/2 mile south of Highway 5. The site was 4 I ` ,e— .
formerly occupied by Gunnar Electric.There is an office
building, shop building, and a number of sheds on the ♦ir i
property. '° . # ...,
The existing development surrounding the site includes u , ,fry,
townhomes on the south, west, and north side of the '�Z ;
property and funeral home and a church on the east side .'
across Eden Prairie Road. Existing access to the site is _
directly across from Glory Lane and the future Smith 10.4t�' _ ,,. F-. A• _
Village project. ��` ,'I' '%� •
/Yk.
The existing structures will be demolished prior to t___
`-` I
redevelopment of the site. The applicant is proposing , _ ,-,..40,, PROJECT k:
SITE e.4 11,
two 3-unit buildings and two 2-unit buildings on the �, -
property for a total of 10 twnhomes. The buildings are s¢�,``4
proposed at 2 1/2-stories. Each unit is proposed to be �� - c
1 r -, ,
Staff Report- Sheldon Place Townhomes
Page 2
g o ' 1 1
approximately 3,440 square feet with a b o o
4 AA 1
two car garage and two additional covered =i
parking stalls for guests in front of the r ;D — — - H
garage. The units consist of a lower level, N r _
,,.,i a [mcK
LOT8
LOT 10
a main level with living space and an 2 ATE
EPRINIQEREO) OL
upper level. The units are designed to FE 60'`° 4
include an elevator if the homeowner : a
selects that option. Z I. k
-Li j % ,,N_ h
ZONING ° -„ kp
t -i gw off
The property is currently guided Medium o 1' 1 _ g
Density Residential. The proposed I .g I r '
development is consistent with the ! ° LL $°
guiding of the property. The property is I f- I ° g 2
currently zoned Rural. The applicant has q m - ---.br-1--' a 3o
submitted a request to rezone the property I — y ;r ;%
to RM-6.5- The proposed preliminaryo ri
ri
p p f "Wr4
GLORY
plat submitted with this project, includes �� ( -,) �5 ° LINE
�� Y,IL' r:� ?,5�� LINE
separate lots for each unit with Lot 11 I
being common space. - „J 1 1, ,
%
SITE PLAN1,1 - 1 . , ,
The property is long and narrow. The
proposed site plan includes triplex units 2 `-k{i E^- m - M
Tr.
on the north and south ends of the SPRINI{LEREP)
FFE-901.6 n
LOT 3 LOT 2 LOT� 86 1
p" p
property and duplexes along the west side �e L..,__1 .4 72
of the property. Access to the site is - - - - a
proposed in its current location across p0 -, - - - - -
from Glory Lane. In addition to the m
parking stalls in front of the two car
garages,the proposed plan include 5
ik
surface parking stalls for visitors. Ali �` -- ill
The proposal includes a pedestrian e � li „�
■111 III��; / � 131
connection to the trail along Eden �r,11I I� II I I1I,I,' lh
Prairie Road. The proposal also -._ I II_ II _ .— -- -_��I Hi__ i—_-7.
1 , ■"■ Iiiiili !!."'" i+ I 1111'. �11:E ' 11 11 �� e1includes asemi-circular seating area ' YEmil , M, . EMI II II 1:�,
next to the sidewalk as a small j�1 !! -' `1 ' 1�I -i fill !Vgathering area for residents. � I _____ __._ _�-
I .., 1 .p-
_ tei■ �I _,yam , ' ■ •
-. --- ;ter ,
FRONT ELEVATION 3/32" ]' 0"
2
Staff Report— Sheldon Place Townhomes
Page 3
PLANNED UNIT DEVELOPMENT WAIVERS
Gunnar Electric evolved as the business grew. This created a number of nonconforming issues
on the site. This proposal redevelops the site and would remove the non-conforming issues. The
septic system and wells will be abandoned and removed, the existing buildings will be
demolished and the site will be ready for redevelopment. The new buildings with code compliant
building materials and the landscaping will improve the aesthetics of the site. This plan is
consistent with the City's vision for this property.
The purpose of a Planned Unit Development (PUD) as stated in the City Code is to provide for a
more creative and efficient approach to the use of land within the City;to allow variety in the types
of environment available to people and distribution of overall density of population and intensity of
land use where desirable and feasible; and provide for greater creativity and flexibility in
environmental design.
The size and shape of the property and the frontage on a County highway make development of
the site challenging. As a result, the applicant is requesting a number of waivers for the
flexibility to development the site with townhomes. In exchange for the waivers, the applicant is
proposing a number of improvements that potentially provide value to the City. The developer is
proposing to provide a trail easement along the public trail on the west side of Eden Prairie Road,
a pedestrian connection to the trail for residents of the project to access Miller Park and the
regional trail system, and a variety of native plantings.
As a part of the PUD process,the applicant is seeking waivers to City Code requirements as outlined
below.
1. Minimum Lot Size
City Code requires a minimum lot size of 3,000 square feet. The applicant is requesting a
minimum lot size of 1,740 square feet for each unit(Lots 1-10).
2. Minimum Lot Depth
City Code requires a minimum lot depth of 100 feet. The applicant is requesting a minimum
lot depth of 58 feet for each unit(Lots 1-10).
3. Density
City Code allows a maximum density of 6.7 dwelling units per acre. The applicant is
requesting a density of 10 units per acre. The proposed density is consistent with the guiding
of the property, which allows 2.5 to 10 units per acre. The Comprehensive Plan states that up
to 10 units per acre from 6.7 units per acre is allowed with PUD approval.
4. Front Building Setback
City Code requires a front building setback of 30 feet. The applicant is requesting a front
building setback of 20 feet. This allows the flexibility to fit the units on a long and narrow
site.
3
Staff Report— Sheldon Place Townhomes
Page 4
5. Front Parking Setback
City Code requires a front parking setback of 30 feet. The applicant is requesting a parking
setback of 5 feet. This allows the visitor parking to be located at the front of the property and
not adjacent to the neighboring properties.
6. Minimum Side Yard Setback
City Code requires a minimum side yard setback of 10 feet. The applicant is requesting a
minimum side yard setback of 7.5 feet for Lots 5 and 6. This allows the two duplex units to
be 5' closer together to fit other improvements on the site.
7. Site Area Per Unit
City Code requires a gross site area of 6,500 square feet per unit. The applicant is requesting
a gross site area 4,418 square feet per unit.
8. Group Usable Open Space
City Code requires a 1,000 square feet of Group Usable Open Space per unit. The applicant
is requesting 28 square feet per unit. Group Usable Open Space related more to larger
multifamily buildings than townhomes. This site has access to Miller Park, the trail along
Eden Prairie Road and the regional trail system.
9. Lots Without Street Frontage
City Code requires all lots to have frontage on a public street. The applicant is requesting a
waiver because the lots for each individual unit do not have frontage on a public street. The
overall project does have frontage on a public street.
LANDSCAPING AND TREE REPLACEMENT
The project requires 107 caliper inches for landscaping and 109 caliper inches for tree replacement.
The landscape plan includes 138 caliper inches of landscaping. The plan includes screening along
the west property line and along Eden Prairie Road. In addition,the project includes a seating area
north of the driveway with plantings surrounding the seating area to create a buffer between the
space and the road and enhance the experience in the space. The plan includes a variety of trees,
shrubs,perennials and grasses,including native species.Due to the size of the site and the location of
drainage and utility easements,meeting the tree replacement requirements is difficult. If the excess
caliper inches from the landscaping are applied to tree replacement, there is still a 78 caliper inch
deficit. The applicant is proposing to comply the tree replacement requirements by making a cash
payment for the deficit as allowed by City Code.
SIDEWALKS AND TRAILS
There is an existing 10 foot wide asphalt trail along the west side of Eden Prairie Road. The trail is
located just behind the curb and there is not a boulevard. In order to provide for the potential future
installation of a boulevard if the street is reconstructed, the applicant is proposing to provide an
additional 10 foot wide trail easement along the front property line. The applicant is proposing to
install a concrete sidewalk connection from the site to the trail along Eden Prairie Road. This will
provide residents pedestrian access to Miller Park, and the Minnesota River Bluffs LRT Regional
Trail.
4
Staff Report— Sheldon Place Townhomes
Page 5
DRAINAGE
The applicant is proposing to construct an underground infiltration system to meet the post
construction stormwater requirements of the City of Eden Prairie and the Riley Purgatory Bluff
Creek Watershed District. The underground system will be designed to provide water quality
treatment and volume reduction for the newly created building and parking lot impervious surfaces.
The underground system also provides 100-year flood storage to match the existing undeveloped
stormwater discharge rates leaving the site.
LIGHTING
No common area lighting will be included. Each unit will have exterior light fixtures that will
include an entry light next to the main entry, a recessed light under the guest parking canopy, and a
light next to the deck door. The lighting complies with the standards.
PHASE I ENVIRONMENTAL SITE ASSESSMENT
A Phase 1 ESA was completed. The report identified that the site was once used as a gas station.
Within the two existing structures, there is one auto repair pit in each building. Secondary testing
was completed on the pits and low levels of diesel range organics were identified. The findings were
provided to the MPCA,who ruled that the findings were not to a level that would require the MPCA
to enroll the site in a release program. The applicant is proposing to have a consultant on site upon
demolition to evaluate what if any additional soils should be removed from the site as part of the
development process.
SIGNS
The applicant is proposing a sign near the entrance to the site and an addressing sign. All proposed
signs will require review and approval through the sign permit process and compliance with Section
11.70.
UTILITIES
The site currently has a septic system and a well, which are required to be abandon and removed.
The new buildings will be served by municipal sanitary sewer and water. The existing services are
located in the back two corners of the property. The proposed water line loops through the site and
the applicant is proposing new hydrants on the site.
AFFORDABILITY
No affordability or inclusionary housing requirements are recommended to be applied to the
project, as the suitability of such requirements for this type of for-sale owner-occupied housing
are to be considered and addressed by the City's newly formed Housing Task Force.
SUSTAINABLE FEATURES
The units within the project will be constructed with sustainable features including; Energy Star
rated appliances, high efficiency rated HVAC systems, LED lighting fixtures, low flush
5
Staff Report— Sheldon Place Townhomes
Page 6
plumbing toilet fixtures and other building products that reflect sustainability.
The Landscape Plan includes a variety of native plant species.
NEIGHBORHOOD MEETING
The applicant held a neighborhood meeting on April 9, 2019. Of the 120 residents invited, 8
people attended. According to the applicant, the feedback was generally positive.
STAFF RECOMMENDATION
Recommend approval of the following requests:
• Planned Unit Development Concept Review on 1.01 acres
• Planned Unit Development District Review with waivers on 1.01 acres
• Zoning District Change from Rural to RM-6.5 on 1.01 acres
• Site Plan Review on 1.01 acres
• Preliminary Plat of one lot into 11 lots on 1.01 acres
This is based on plans stamp dated May 7, 2019 and the following conditions:
1. Prior to being scheduled for the 1st reading by the City Council, the applicant shall:
A. The building setbacks on sheet S 1 should be revised as follows: Side= 50 feet, 150
total.
B. Revise the Site Data on sheet Cl to include the density, building height, and group
usable open space requires and provided.
C. For clarity, please provide an exhibit that clearly shows the proposed drainage &
utility easements and location of the public utilities within the easements.
D. The right of way line for Eden Prairie Road(CSAH#4)must be shown on all plan
sheets.
E. The underground BMP locations should be shifted east such that 10' clearance is
maintained between the public sanitary sewer line and the BMP chambers.
F. Revise the Stormwater Management Plan to reflect the revised underground
infiltration basin and storm sewer design.
G. The sign location should be outside of the underground infiltration chamber footprint.
H. Driveway grades may need to be adjusted in order to meet ADA ped ramp design
requirements at the driveway/trail. Eden Prairie detail R-14 should be utilized.
I. The proposed sidewalk must be extended to meet the existing trail location.
J. The public utilities (sanitary sewer and watermain) and the drainage and utility
easements must be shown on the landscape plan.
K. Due to the findings in the Phase I Environmental Site Assessment, the applicant shall
have a consultant on site to evaluate the soils during the demolition of the existing
improvements on the site.
6
Staff Report— Sheldon Place Townhomes
Page 7
2. Prior to release of the final plat, the applicant shall:
A. Sign special assessment agreement for City trunk sewer and water assessment fees.
B. A Trail Easement document shall be prepared for review and approval by the City
Engineer. The document shall be filed with the final plat.
C. A No Build Agreement for lot 11 shall be prepared for review and approval by the
Building Official. The No Build Agreement shall be filed prior to the issuance of the
first building permit.
3. Prior to land alteration permit issuance, the applicant shall:
A. Submit detailed storm water runoff, wetland,utility, street and erosion control plans
for review and approval by the City Engineer.
B. Obtain and provide documentation of Watershed District approval.
C. Notify the City and Watershed District 48 hours in advance of grading.
D. Install erosion control at the grading limits of the property for review and approval by
the City.
E. The well and septic shall be removed in accordance with all applicable requirements.
4. Prior to building permit issuance for the property, the proponent shall:
A. Pay the appropriate cash park fees.
B. Meet the tree replacement requirements through replacing 31 caliper inches of trees
and making a cash payment for the remaining caliper inches that are required.
C. Submit a landscaping letter of credit, or escrow surety equivalent to 150% of the cost
of the landscaping.
D. Provide recorded copies of any Home Owner Association documents or private
covenants and agreements to the City following recording of the final plat.
5. The following waivers are granted through the PUD for the project as indicated in the
plans stamp dated May 7, 2019
A. Minimum Lot Size. City Code requires a minimum lot size of 3,000 square feet. The
Waiver allows a minimum lot size of 1,740 square feet for each unit(Lots 1-10).
B. Minimum Lot Depth. City Code requires a minimum lot depth of 100 feet. The Waiver
allows a minimum lot depth of 58 feet for each unit(Lots 1-10).
C. Density. City Code allows a maximum density of 6.7 dwelling units per acre. The Waiver
allows a density of 10 units per acre.
D. Front Building Setback. City Code requires a front building setback of 30 feet. The
Waiver allows a front building setback of 20 feet
7
Staff Report— Sheldon Place Townhomes
Page 8
E. Front Parking Setback. City Code requires a front parking setback of 30 feet. The
Waiver allows a parking setback of 5 feet.
F. Minimum Side Yard Setback. City Code requires a minimum side yard setback of 10
feet. The Waiver allows a minimum side yard setback of 7.5 feet between Lots 5 and 6.
G. Site Area Per Unit. City Code requires a gross site area of 6,500 square feet per unit.
The Waiver allows a gross site area 4,418 square feet per unit.
H. Group Usable Open Space. City Code requires a 1,000 square feet of Group Usable
Open Space per unit in. The Waiver allows 28 square feet per unit.
I. Lots Without Street Frontage. City Code requires all lots to have frontage on a public
street. The Waiver allows the lots for the individual units to have no street frontage.
8
Guide Plan Map: Sheldon Place Townhomes
Address: 7960 Eden Prairie Road
Eden Prairie, MN 55344
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City of Eden Prairie Land Use Guide
Plan Map 2000-2030
Rural Residential 0.10 Units/Acre Neighborhood Commercial N
Low Density Residential 0-2.5 Units/Acre Community Commercial Streams
177 Low Density/Public/Open Space - Regional Commercial —Principal Arterial
—A Minor Arterial
MIMedium Density residential 2.5-10 Units/Acre ®Town Center laf,
—B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06
nMedium High Density Residential 10-40 Units/Acre- Park/Open Space -Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07
DATE Revised 11-07-05 DATE Revised 06-01-07 E D E N
- High Density Residential 40-75 Units Per Acre Public/Quasi-Public DATE Revised 2-23-06 DATE Revised 10-01-07
Minor Collector0
DATE Revised 03-23-06 DATE Revised 03-01-08
=Airport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09
Office - Church/Cemetary PRAIRIE
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Zoning Map: Sheldon Place Townhomes
Address: 7960 Eden Prairie Road
Eden Prairie, MN 55344
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R1-44 One Family-44,000 sf.min. -TC-C I NE I Natural Environment Waters
R1-22 One Family-22,000 sf min. -TC-R I RD I Recreational Development Waters
R1-13.5 One Family-13,500 sf min. -TC-MU I GD I General Development Waters(Creeks Only) Rill
R1-9.5 One Family-9,500 sf min. 1.1 Industrial Park-2Acre Min, ® 100- Year Floodplain EDEN
RM-6.5 Multi-Family-6.7 U.P.A.max. Industrial Park-5Acre Min.
-RM-2.5 Multi-Family-17.4 U.P.A.max. -General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008
Office l l Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE
Neighborhood Commercial I I Golf Course Date:March 1,2009
Community Commercial I I Water Incase of discrepancy related to a zoning ciassifmadon on this zoning map,the Ordinance LIVE•WOAK•DAEAM
and attached legal description on file at Eden Prairie city center will prevail.
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Aerial Map: Sheldon Place Townhomes
Address: 7960 Eden Prairie Road
Eden Prairie, Minnesota
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APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, JUNE 10, 2019 7:00 PM—CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: John Kirk, Charles Weber, Ann Higgins, Andrew
Pieper, Ed Farr, Michael DeSanctis, Christopher
Villarreal, Carole Mette, Balu Iyer
CITY STAFF: Julie Klima, City Planner; Rod Rue, City Engineer;
Kristin Harley, Recording Secretary
I. CALL THE MEETING TO ORDER
Chair Pieper called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE—ROLL CALL
Commission members Villarreal and Higgins were absent.
III. APPROVAL OF AGENDA
MOTION: Iyer moved, seconded by Kirk to approve the agenda. MOTION CARRIED
7-0.
IV. MINUTES
MOTION: Weber moved, seconded by DeSanctis to approve the minutes of May 28,
2019. MOTION CARRIED 7-0.
V. PUBLIC HEARINGS
A. SHELDON PLACE TOWNHOMES
Request for:
• Planned Unit Development Concept Review on 1.01 acres
• Planned Unit Development District Review with waivers on 1.01 acres
• Zoning District Change from Rural to RM-6.5 on 1.01 acres
• Site Plan Review on 1.01 acres
• Preliminary Pat of one lot into 11 lots on 1.01 acres
Tim Brown, partner and President of Schaefco Development, LLC. introduced
partner and Vice-President Dan Schaefer and presented a PowerPoint of the
application. The developer specialized in both urban and suburban residential
infill multifamily attached and detached developments. The application involved a
PLANNING COMMISSION MINUTES
June 10, 2019
Page 2
long and shallow one-acre property currently zoned rural. The goal was to
mitigate the onsite urban impacts of the project. Wells and septic systems would
be updated and historical uses, including a filling station, would be mitigated and
improved through creative engineering and architectural components. The soil
would be tested.
The target market was the empty-nester profile as well as the young professional
buyer attracted to an urban community. Site constraints impacted the parking,
storm water management, access, and setbacks. The housing product would be
attached twin and triplex two-story homes without basements and with two-car
garages and two-car guest parking areas. The primary living areas would be on
the second floors, accessible from the parking area via an elevator if needed in the
future. The average unit size was between 2,500 and 2,800 square feet. Brown
displayed the elevations and explained the dimensions. The site plan minimized
impacts on utility easements and the front yard setback ranged from 20 feet to 36
feet. A private below ground infiltration chamber system would handle the
stormwater. The utilities would be routed in and around the drive lane. Snow
removal would be handled by a vendor. The landscape plan included the removal
of eight significant and one heritage tree, and replacement trees along with
perennials would be planted. Included would be an integrated common seating
patio area within a landscape garden. Brown detailed the sustainable
considerations and the project's connectivity to ADA-compliant trail systems
giving access to Miller Park. He explained the PUD request and the benefits of
this.
DeSanctis asked how deep the core sample went for the testing of low level of
diesel-range hydrocarbons and for the breakdown of specific hydrocarbons. He
wanted to be sure there was no tetraethyl lead and wished to see a detailed
environmental impact statement on the core samples. Brown offered to provide
the detailed memo prepared by the sampling vendor. Mette asked for the price
point and if this development was exclusively for a 55-plus community. Brown
replied the development was not exclusive to residents aged 55 and over but
would be marketed to any age range, and the price point ranged between
550,000.00 to 700,000.00 dollars. Iyer noted the many waivers on this medium-
density plan and asked if the number of units could be lowered. Brown replied it
was not possible to remove all the waivers due to the constraints of the site; only
the density could be altered.
Farr asked for the results of the community meeting. Brown replied eight people
attended out of the 120 invitations sent to townhome residents. The main
comments were positive. The only concern was the height of the development.
Fan asked if a more direct connection was brought up between the development
and the trail and Brown replied it was not mentioned. Farr noted the garage doors
were actually set back farther than the facades, creating a possible arched
doorway effect. He asked for context on the elevator design: if they had been built
before. Brown replied his firm had built eight developments with the capacity for
an elevator,but none had gone ahead with the elevator. It would be an enclosed
PLANNING COMMISSION MINUTES
June 10, 2019
Page 3
elevator. Farr asked for and receive confirmation there would be no further
topographical changes for the garages to inconvenience wheelchair access.
Klima gave the staff report. The request was for a PUD, rezoning,preliminary
plat and a site plan. There waivers requested, especially regarding the density and
the group usable open space per unit, were mostly interrelated. The setback
applied to both the buildings and the parking. These waivers therefore may not
have the impact they first appeared to have. The landscaping and tree replacement
were two separate and distinct requirements. The proposed landscaping plan met
City requirement contained extra caliper inches that could be deducted from the
tree replacement requirement. The applicant could pay cash in lieu of tree
replacement. Staff recommended approval subject to conditions listed in the staff
report.
Mette asked for the setback of the parking of the Common Bond development
across the street, and Klima replied she believed it was 15 feet for the entire
parking area, whereas in the current development only five parking stalls would
encroach upon the grassy area. DeSanctis asked what would change at the western
boundary and how this would impact the residents in that area. Brown replied the
existing treescape would be removed except for three or four and the existing
screening replaced with a higher quality product at a height of between eight and
15 feet tall. It was not possible to replace trees in certain areas. The white vinyl
fence would continue along the western boundary. Farr asked for and received
confirmation from Klima there was review of fire truck access. Farr asked if a
denser zoning district might be more appropriate. Klima replied the property
behind this development was zoned RM-6.5 so this development was
appropriately and consistently zoned. The Comprehensive Plan and the Zoning
Ordinance outlined that any density over 6.5 units per acres and up to 10 required
a PUD. Farr asked if staff had encouraged the applicant to replant with larger
caliper trees, and Klima replied staff had this conversation with the applicant;
however, there was a tipping point after which trees became too large to thrive in
the long term.
MOTION: Kirk moved, seconded by DeSanctis to close the public hearing.
MOTION CARRIED 7-0.
Mette commended the unique guest parking solution. She also wanted to see the
environmental review and also called for a passive vapor mitigation system
installed beneath these townhomes for radon. Brown replied these were required
by code and would be installed. DeSanctis asked for the location of the
underground pipe that connected Mitchell Lake to Red Rock Lake in relation to
this property. Rue replied the chain of lakes storm sewers were at the interchange
of County Road 4 and Highway 212.
Kirk also noted the many waivers; however, he acknowledged the site which was
one among many infill sites to come before the commission represented a
challenge. He also commended the parking solution. Kirk found the plan beautiful
PLANNING COMMISSION MINUTES
June 10, 2019
Page 4
and saw no improvements to be had by reducing the number of waivers; this
achieved a balance. Iyer stated his concern with the waivers involved the soil
analysis depth at which it needed to be done, considering there was a gas station
on site in the past.
Pieper asked Klima to explain the process of vetting an environmental assessment
report. Klima explained the report was reviewed by Engineering, and Building
Inspections staff. The Minnesota Pollution Control Agency(MPCA) also
reviewed the report. A condition in the staff recommendation included having an
engineer on site during construction. Iyer commended the project and the
architecture. Farr also commended the project for its density, which he found
appropriate for this location. He stated he was comfortable with the City's and the
State's safeguards on the environmental impact, which was a process he had
undergone in the past. Mette concurred, saying there were several triggers that
would guide the development under the supervision of the MPCA. DeSanctis
agreed this project improved the aesthetics of this parcel of land and the soil
testing would be rigorous and further reviewed on site.
MOTION: Kirk moved, seconded by Farr to recommend approval of the Planned
Unit Development Concept Review on 1.01 acres, Planned Unit Development
District Review with waivers on 1.01 acres, Zoning District Change from Rural to
RM-6.5 on 1.01 acres, Site Plan Review on 1.01 acres and Preliminary Pat of one
lot into 11 lots on 1.01 acres based on the plan stamp-dated June 7, 2019 and staff
report dated May 7, 2019. MOTION CARRIED 7-0.
VI. PLANNERS' REPORT
Klima updated the commission members on the Parks and Open Space Zoning District.
Staff held an informational meeting and 9,000 residents within 500 feet of city parks
received a notice. This request will likely be scheduled for Planning Commission review
for later in July.
Kirk asked for comments from residents. Klima replied staff fielded 50 calls and 100
residents were in attendance at the meeting. Once residents understood there were no
essential changes to parks there were no concerns with the rezoning. Independent
concerns arose which city staff were following up on individually.
Pieper asked for the use of more natural "plain language" in the City's communications
to residents. Klima replied staff was working on refining the letter for public notice and
the City's Development Project Map.
VII. MEMBERS' REPORTS
VIII. ADJOURNMENT
MOTION: Weber moved, seconded by Mette to adjourn. MOTION CARRIED 7-0.
The meeting was adjourned at 7:58 p.m.
CITY COUNCIL AGENDA DATE:
SECTION: Public Hearing July 16, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: Vacation 19-05 ITEM NO.:
Denise Christensen Vacation of Drainage and Utility IX.B.
Public Works/Engineering Easements
Requested Action
Move to: Close the public hearing; and
Adopt the Resolution vacating Drainage and Utility Easements.
Synopsis
The property owners of the lots at have requested the vacation of all the drainage and utility
easements to facilitate the plat of Eden Bluff Highlands 5th Addition for parking lot expansion.
There has been an Objection from CenturyLink regarding the possibility of phone lines in the
easement. The vacation is conditioned upon a receipt of No Objection to the Vacation from
CenturyLink.
Background Information
The drainage and utility easements were originally dedicated with the plat of Eden Bluff
Highlands 3rd Addition. The drainage and utility easements will no longer be needed for the
new plat of Eden Bluff Highlands 5th Addition. The release of the resolution vacating the
drainage and utility easements shall be conditioned on the recording of the plat of Eden Bluff
Highlands 5th Addition and the receipt of No Objection from CenturyLink.
Attachments
• Resolution
• Location Map
• Site Plan
• Published Notice
• Notification List
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2019-
VACATION OF PART OF THE DRAINAGE AND UTILITY EASEMENTS DEDICATED ON
LOT 1, BLOCK 1,AND OUTLOT A, EDEN BLUFF HIGHLANDS 3RD ADDITION
VACATION 19-05
WHEREAS, the City of Eden Prairie has a certain drainage and utility easements described as
follows:
All of the 5.00 foot Drainage and Utility Easements as dedicated on Lot 1, Block 1 and Outlot
A, EDEN BLUFF HIGHLANDS 3RD ADDITION, according to the recorded plat thereof,
Hennepin County, Minnesota, lying southerly of the Northerly 10.00 feet and easterly of the
Westerly 10.00 feet of said Lot 1 and Outlot A.
WHEREAS, a Public Hearing was held on July 16, 2019, after due notice was given to affected
property owners and published in accordance with M.S.A. 412.851; and
WHEREAS, the Council has been advised by City Staff that the proposed vacation of the above
described drainage and utility easements has no relationship to the comprehensive municipal plan; and
WHEREAS, it has been determined that the said drainage and utility easements are not necessary and
have no interest to the public, therefore, should be vacated.
NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows:
1. Said drainage and utility easements as described above are hereby vacated.
2. The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with M.S.A.
412.851.
3. This Resolution is contingent upon and shall not be effective until the plat of Eden Bluff
Highlands 5th Addition has been recorded with the County Recorder/Registrar of Titles as
applicable and a notice of No Objection has been received from CenturyLink. The City Clerk
shall not present the Notice of Completion of Proceedings to the County Auditor or file it with
the County Recorder/Registrar of Titles until the plat of Eden Bluff Highlands 5th Addition is
recorded.
ADOPTED by the Eden Prairie City Council on July 16, 2019.
Ronald A. Case, Mayor
ATTEST:
Kathleen Porta, City Clerk
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DATE: 06/20/2019
PRAIRIE
LIVF•WDAR•DREAM
02019 Westwood Professlonol Services, Inc.
Drainage and Utility Easement Vacation Description
All of the 5.00 foot Drainage and Utility Easements as dedicated on
Lot 1, Block 1 and Outlot A, EDEN BLUFF HIGHLANDS 3RD ADDITION,
\ _ — _ — — _
according to the recorded plat thereof, Hennepin County, Minnesota,
lying southerly of the Northerly 10.00 feet and easterly of the Westerly
\ — _ _10.00 feet of said Lot 1 and Outlot A. _ — —
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\ — _ _ — — I I EDEN BLUFF HIGHLANDS 3RD ADDITION
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Phone (952)9375150 12701 wnitewete,Drive,Su8e 9300Fax (952) Exhibit
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Record Drawing by/date: Eden Prairie, Minnesota
VACATION 19-05
NOTICE OF VACATION OF PART OF THE DRAINAGE AND UTILITY EASEMENTS
DEDICATED ON LOT 1, BLOCK 1, AND OUTLOT A, EDEN BLUFF HIGHLANDS 3RD
ADDITION
Notice is hereby given that a public hearing will be held before the Eden Prairie City Council at the
Eden Prairie City Hall, 8080 Mitchell Road, Eden Prairie, Minnesota, on July 16, 2019 at 7:00 p.m.
to hear all persons present upon the proposed vacation of all the drainage and utility easements
described as follows:
All of the 5.00 foot Drainage and Utility Easements as dedicated on Lot 1, Block 1 and
Outlot A, EDEN BLUFF HIGHLANDS 3RD ADDITION, according to the recorded plat
thereof, Hennepin County, Minnesota, lying southerly of the Northerly 10.00 feet and
easterly of the Westerly 10.00 feet of said Lot 1 and Outlot A.
By Order of the City Council
Published in the Eden Prairie News on June 27, 2019.
NOTIFICATION LIST
VACATION REQUEST 19-05
A copy of the Public Hearing Notice has been sent to owners of the following parcels:
2711622320001
2711622330004
2811622410002
2811622410003
2811622440007
2811622440008
A copy of the Public Hearing Notice has been sent to the following Utilities:
CenterPoint Energy
Century Link Communications
Comcast Cable
Xcel Energy
CITY COUNCIL AGENDA DATE:
SECTION: Payment of Claims July 16, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Sue Kotchevar, Office of the Payment of Claims X.
City Manager/Finance
Requested Action
Move to: Approve the Payment of Claims as submitted(roll call vote)
Synopsis
Checks 268157 - 268792
Wire Transfers 1022901 - 1023133
Wire Transfers 7139 - 7183
Purchasing Card 7172
City of Eden Prairie
Council Check Summary
7/16/2019
Division Amount Division Amount
000 General 556,092 304 Senior Board 186
100 City Manager 14,200 308 E-911 400
101 Legislative 3,595 315 Economic Development 5,297
102 Legal Counsel 57,584 502 Park Development 1,093
110 City Clerk 1,381 509 CIP Fund 1,602
111 Customer Service 9,297 522 Improvement Projects 2006 180,319
112 Human Resources 325 532 EP Road Connect Flying Cloud 192,705
113 Communications 29,337 536 General LRT 10,000
114 Benefits&Training 4,435 538 SingleTree Lane South 138,030
130 Assessing 500 804 100 Year History 126
131 Finance 2,066 Total Capital Projects Fund 529,756
132 Housing and Community Services 9,341
133 Planning 1,601 601 Prairie Village Liquor 195,492
136 Public Safety Communications 810 602 Den Road Liquor 356,956
137 Economic Development -994 603 Prairie View Liquor 244,512
150 Park Administration 1,501 605 Den Road Building 2,947
151 Park Maintenance 167,951 701 Water Enterprise Fund 502,603
153 Organized Athletics 2,493 702 Wastewater Enterprise Fund 408,662
154 Community Center 41,128 703 Stormwater Enterprise Fund 17,121
155 Beaches 254 Total Enterprise Fund 1,728,294
156 Youth Programs 13,292
157 Special Events 23,039 802 494 Commuter Services 58,291
158 Senior Center 6,120 803 Escrow Fund 19,979
159 Recreation Administration 61 806 SAC Agency Fund 34,790
160 Therapeutic Recreation 1,627 807 Benefits Fund 1,303,712
161 Oak Point Pool 264 809 Investment Fund 4,807
162 Arts 17,188 810 Workers Comp Insurance 137,416
163 Outdoor Center 2,575 811 Property Insurance 2,639
164 Park Rental Facilities 874 812 Fleet Internal Service 86,636
168 Arts Center 1,610 813 IT Internal Service 286,549
180 Police Sworn 50,468 814 Facilities Capital ISF 84,182
184 Fire 29,391 815 Facilites Operating ISF 45,539
186 Inspections 3,215 816 Facilites City Center ISF 100,670
200 Engineering 6,806 817 Facilites Comm.Center ISF 152,769
201 Street Maintenance 89,978 Total Internal Svc/Agency Funds 2,317,980
202 Street Lighting 70,600
Total General Fund 1,220,005 Report Total 5,941,036
301 CDBG 25,773
303 Cemetary Operation 3,165
Total Special Revenue 28,938
437 G.O.Perm.Improv.2010A 11,315
439 G.O.Refunding Bonds 2011C 9,398
440 GO Perm Impr Ref Bonds 2011D 13,769
441 2012A G.O.Refunding Bonds 57,928
442 2012B G.O.Refund Capital Imp 23,653
Total Debt Service Fund 116,063
City of Eden Prairie
Council Check Register by GL
7/16/2019
Check# Amount Supplier/Explanation Account Description Business Unit Comments
268502 371,799 METROPOLITAN COUNCIL ENVIRONMENTAL SERVI MCES User Fee Wasterwater Collection Wastewater Fee July 2019
7168 279,355 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Payroll taxes PR ending 06.21.19
268476 275,628 HEALTHPARTNERS Accounts Receivable Health and Benefits Premiums July 2019
268467 268,937 EUREKA CONSTRUCTION INC Improvement Contracts General Fixed Asset Account Gr Preserve Blvd Reconstruction
7145 263,360 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Payroll taxes PR ending 06.07.19
268334 194,214 EBERT CONSTRUCTION Outside Water Sales General Fixed Asset Account Gr Staring Lake Pavilion Reconstruct
7166 175,039 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR ending 06.07.19
7143 174,942 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR ending 05.24.19
268358 137,416 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Workers Comp Insurance Workers Comp premiums
1022948 137,361 SHI CORP Software Maintenance IT Operating MS Enterprise Renewal
1023018 134,304 ODESA II LLC Improvement Contracts SingleTree Lane South Singletree South Streescaping
268562 132,558 CENTRAL ROOFING COMPANY Building Repair&Maint. Water Capital Roofing Utilities Garage
7154 122,001 MINNESOTA DEPT OF REVENUE Sales Tax Payable Historical Culture Sales tax May 2019
1023027 121,990 XCEL ENERGY Electric General Fund Multi location electric
268409 98,133 BUENZ,ADAM Right of Way&Easement EP Rd Connect to Flying Cloud
268241 95,759 MIDWEST PLAYSCAPES Landscape Materials/Supp Round Lake
7174 90,979 WELLS FARGO BANK MINNESOTA NA Interest 2012B GO Refund Capital Improv
268556 82,312 VEIT&CO Improvement Contracts General Fixed Asset Account Gr
268429 74,190 BLACKSTONE CONTRACTORS LLC Improvements to Land General Fixed Asset Account Gr
268294 73,112 ALTERNATIVE BUSINESS FURNITURE INC Capital Under$25,000 Facilities Capital
268689 67,760 BERGERSON-CASWELL INC Equipment Repair&Maint Water Capital
7172 66,122 USB-PURCHASING CARD Other Revenue Utility Operations-General
1023057 61,240 GREGERSON ROSOW JOHNSON&NILAN LTD Legal Rehab
268400 50,611 VALLEY PAVING INC Improvement Contracts General Fixed Asset Account Gr
1023013 46,098 J&D WINDOW CLEANING Building Repair&Maint. City Center-CAM
268533 42,000 RYAN PERRY Right of Way&Easement EP Rd Connect to Flying Cloud
7149 40,851 WELLS FARGO BANK MINNESOTA NA Interest Wastewater Capital
268491 38,787 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
1023112 38,470 HANSEN THORP PELLINEN OLSON Design&Engineering Water Capital
268737 38,249 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
1023062 37,355 LOGIS Network Support Facilities Capital
268351 37,034 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
268551 36,350 ULTIMATE SOFTWARE GROUP,THE Ultimate(prey.Ceridian) IT Operating
1022924 36,322 ADVANCED ENGINEERING&ENVIRONMENTAL SE Equipment Repair&Maint Wastewater Capital
1022938 35,360 LOGIS Software Maintenance IT Capital
268239 34,442 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund
268225 31,597 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
268282 30,350 THE PRESERVE ASSOCIATION Right of Way&Easement General Fixed Asset Account Gr
1023051 29,191 DIVERSE BUILDING MAINTENANCE Janitor Service Maintenance Facility
1022931 28,118 DIVERSE BUILDING MAINTENANCE Janitor Service Maintenance Facility
268290 27,356 ABM ONSITE SERVICES-MIDWEST Tenant 1-Cleaning Supply City Center-CAM
268539 26,732 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
1023066 26,163 PARROTT CONTRACTING INC Equipment Repair&Maint Water Distribution
268329 25,572 DODGE OF BURNSVILLE Equipment Parts Fleet-Police
268693 25,387 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store
7170 24,611 EMPOWER Deferred Compensation Health and Benefits
Check# Amount Supplier/Explanation Account Description Business Unit Comments
7147 24,332 EMPOWER Deferred Compensation Health and Benefits
268432 24,191 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Den Road Liquor Store
268408 21,867 ARVEST CENTRAL MORTGAGE COMPANY Right of Way&Easement EP Rd Connect to Flying Cloud
7146 21,866 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
268789 21,760 WARNING LITES Equipment Repair&Maint Traffic Signs
7169 21,668 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
268531 21,145 REHBEIN'S AGRICULTURAL SERVICES Lime Residual Removal Water Treatment
268740 19,975 KEYS WELL DRILLING COMPANY Equipment Repair&Maint Water Capital
268559 19,767 WARNING LITES Contracted Striping Stormwater Capital
268274 18,825 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
268389 17,677 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
268223 17,308 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store
268746 17,120 MANSFIELD OIL COMPANY Motor Fuels Water Treatment
268173 17,011 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store
268490 16,566 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store
268696 16,187 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
268780 16,089 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
7160 15,560 I-494 CORRIDOR COMMISSION Payroll-ExecutiveDirector 494 Corridor Commission
268346 15,313 HP INC Computers-Monitors IT Operating
7183 15,026 NCR MERCHANT SOLUTIONS Bank and Service Charges Prairie View Liquor Store
268356 15,000 LANDMARK REMODELING LLC Other Contracted Services Rehab
268525 14,644 PRAIRIEVIEW RETAIL LLC Advertising Prairie View Liquor Store
7140 14,305 NCR MERCHANT SOLUTIONS Bank and Service Charges Prairie View Liquor Store
7148 14,303 I-494 CORRIDOR COMMISSION Payroll-ExecutiveDirector 494 Corridor Commission
268725 14,201 GRAYMONT Treatment Chemicals Water Treatment
1023056 14,152 GRANICUS INC Other Contracted Services Communications
268499 14,131 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating
268433 14,024 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie Village Liquor Store
268523 14,010 PRAIRIE PARTNERS SIX LLP Waste Disposal Prairie Village Liquor Store
268311 13,968 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
268176 13,013 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
268736 12,860 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store
268694 12,635 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie View Liquor Store
268174 12,332 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie Village Liquor Store
268308 12,194 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie View Liquor Store
1023106 12,192 CENTERPOINT ENERGY Gas General Community Center
268760 12,107 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
1023108 11,935 ESS BROTHERS&SONS INC Repair&Maint.Supplies Water Distribution
268258 11,720 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
7153 11,148 FURTHER-AKA SELECT HSA-Employee Health and Benefits
7165 11,040 FURTHER-AKA SELECT HSA-Employee Health and Benefits
268284 10,951 VERIZON WIRELESS Data Plans-Police IT Operating
268458 10,730 DUNSMORE ASPHALT INC Other Contracted Services Stormwater Collection
268448 10,674 COMMERCIAL ASPHALT CO Asphalt Overlay Street Maintenance
268721 10,000 FORECAST PUBLIC ART Dues&Subscriptions General LRT
268293 9,747 ALLEN,WILLIAM Deposits Escrow
1022923 9,682 WSB&ASSOCIATES INC Design&Engineering Pleasant Hill Cemetery
268164 9,612 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
268472 9,553 GRAYMONT Treatment Chemicals Water Treatment
268350 9,498 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store
Check# Amount Supplier/Explanation Account Description Business Unit Comments
268340 9,493 GRAYMONT Treatment Chemicals Water Treatment
268212 9,439 GRAYMONT Treatment Chemicals Water Treatment
268307 9,393 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store
268306 9,316 BOLTON&MENK INC Design&Engineering Improvement Projects 2006
268766 9,125 PROP Other Contracted Services Housing and Community Service
268536 9,089 SLAMHAMMER SOUND CO,INC Other Contracted Services July 4th Celebration
268529 9,073 QUETICA LLC Other Contracted Services Facilities Capital
1023071 8,850 REINDERS INC Chemicals Park Maintenance
268206 8,825 FIRST MINNETONKA CITY BANK Corridor Comm.Misc 494 Corridor Commission
268184 8,277 CORE&MAIN Equipment Parts Park Maintenance
7142 8,192 CARD CONNECT Bank and Service Charges Community Center Admin
268682 8,073 ALTERNATIVE BUSINESS FURNITURE INC Capital Under$25,000 FF&E-Furn,Fixtures&Equip.
1023048 8,009 BIFFS INC Waste Disposal Park Maintenance
268287 7,917 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
7181 7,747 CARD CONNECT Bank and Service Charges Community Center Admin
268435 7,258 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
268521 7,163 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
1023003 6,721 2ND WIND EXERCISE Dues&Sub-Magazine etc Fire
1022966 6,715 GREENSIDE INC Contract Svcs-Asphalt/Concr. City Center-CAM
268417 6,642 AIRGAS USA LLC Contract Svcs-Pool Pool Maintenance
268742 6,568 LANO EQUIPMENT INC Equipment Parts Tree Disease
268384 6,500 RIGHTLINE DESIGN LLC Other Contracted Services Communications
268532 6,500 RIGHTLINE DESIGN LLC Other Contracted Services Communications
268342 6,282 GREEN LIGHTS RECYCLING INC Equipment Repair&Maint Water Metering
1023110 6,099 GENUINE PARTS COMPANY Operating Supplies Fleet Operating
7179 5,918 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting
268493 5,883 KERBER TILE,MARBLE&STONE INC Contract Svcs-Pool Pool Maintenance
1022935 5,824 INTERSTATE POWER SYSTEMS INC Equipment Repair&Maint Water Treatment
268455 5,750 DICK WHITBECK MUSIC INC Other Contracted Services July 4th Celebration
1023069 5,723 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical General Community Center
268300 5,600 AXON ENTERPRISE INC Training Supplies Police Sworn
268296 5,553 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
268251 5,324 NORTHSTAR MUDJACKING&MORE LLC Mudjacking Curbs Drainage
1023113 5,299 HAWKINS INC Treatment Chemicals Water Treatment
1022928 5,215 CENTERPOINT ENERGY Gas Water Treatment
7173 5,065 FURTHER-AKA SELECT HRA Health and Benefits
268301 5,000 BADGER STATE INSPECTION LLC Design&Engineering Water Capital
268475 4,995 HAWK ANALYTICS INC Other Contracted Services Police Sworn
1023053 4,976 ELECTRIC PUMP Equipment Repair&Maint Wastewater Lift Station
268249 4,950 MUELLER CO Repair&Maint.Supplies Water Metering
268372 4,950 MUELLER CO Repair&Maint.Supplies Water Metering
268774 4,883 SCOTT COUNTY TREASURER Tuition Reimbursement/School Police Sworn
268305 4,869 BLACKSTONE CONTRACTORS LLC Improvements to Land General Fixed Asset Account Gr
1023128 4,811 STREICHERS Clothing&Uniforms Police Sworn
268761 4,750 PICHA GREENHOUSE Landscape Materials/Supp Park Maintenance
268790 4,747 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
268561 4,485 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
268418 4,434 AMERICAN ENGINEERING TESTING INC Testing Improvement Projects 2006
1023116 4,430 METRO SALES INCORPORATED* Equipment Rentals Customer Service
268345 4,422 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
Check# Amount Supplier/Explanation Account Description Business Unit Comments
268378 4,420 PHILLIPS WINE AND SPIRITS NC Liquor Product Received Prairie View Liquor Store
268382 4,388 PROP Other Contracted Services CDBG-Public Service
268395 4,350 TYLER TECHNOLOGIES INC Hardware-R&M IT Operating
268471 4,349 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store
268402 4,340 WARNING LITES Equipment Repair&Maint Wasterwater Collection
268555 4,331 VALLEY RICH CO INC Equipment Repair&Maint Water Distribution
268481 4,200 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire
1023098 4,142 VAN PAPER COMPANY Direct SuperValu Fitness/Conference-Cmty Ctr
268729 3,999 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
268709 3,983 DEPT OF EMPLOYMENT/ECONOMIC DEVELOPMENT Interest Economic Development Fund
1023133 3,937 XCEL ENERGY Electric General Fund
268712 3,911 DPC INDUSTRIES INC Treatment Chemicals Water Treatment
1023004 3,894 A-SCAPE INC Contract Svcs-Lawn Maint. Building 51
268438 3,878 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance
268167 3,827 AVR INC Asphalt Overlay Street Maintenance
1023068 3,825 PIONEER MANUFACTURING COMPANY Operating Supplies Park Maintenance
1023122 3,825 PIONEER MANUFACTURING COMPANY Operating Supplies Park Maintenance
1023023 3,780 WALL TRENDS INC Contract Svcs-General Bldg Pool Maintenance
1022927 3,731 CDW GOVERNMENT INC. Computers IT Operating
268484 3,717 IMPACT PROVEN SOLUTIONS Other Contracted Services Water Accounting
268570 3,700 CASTRO CLEANING LLC Janitor Service Utility Operations-General
268681 3,697 ALADTEC INC Software/Hardware Maint. Fire
1022934 3,692 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance
1022955 3,615 WINE COMPANY,THE Liquor Product Received Prairie View Liquor Store
1022961 3,613 BRAUN INTERTEC CORPORATION Testing EP Rd Connect to Flying Cloud
268235 3,503 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store
268238 3,500 MESSERLI&KRAMER Messerli&Kramer 494 Corridor Commission
268500 3,500 MESSERLI&KRAMER Messerli&Kramer 494 Corridor Commission
1023054 3,434 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment
268261 3,411 PROP Other Contracted Services CDBG-Public Service
268243 3,385 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Lake
1023006 3,364 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
268744 3,334 LEGACY GYMNASTICS Instructor Service Lesson Skills Development
1023047 3,219 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
268288 3,200 XIGENT SOLUTIONS LLC Other Contracted Services IT Capital
268520 3,194 PAUSTIS&SONS COMPANY Liquor Product Received Den Road Liquor Store
1022925 3,177 ASPEN WASTE SYSTEMS INC. Waste Disposal Fire Station#3
268388 3,101 SIGNSOURCE Printing Arts
1023033 3,093 GREENSIDE INC Contract Svcs-Lawn Maint. City Center-CAM
1023043 3,087 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Fleet Operating
268169 3,084 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store
268459 3,075 EARL F ANDERSEN INC Signs Park Maintenance
1022926 3,061 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
268684 3,059 APPLIED ECOLOGICAL SERVICES INC Other Contracted Services Water Capital
268698 3,059 CENTRAL ROOFING COMPANY Improvement Contracts Water Distribution
7163 3,012 FURTHER-AKA SELECT FSA-Dependent Care Health and Benefits
268420 3,012 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
7177 3,007 US BANK-CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance
268765 3,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service
1023125 3,000 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply(Wells)
Check# Amount Supplier/Explanation Account Description Business Unit Comments
268450 2,994 CORE&MAIN Equipment Parts Park Maintenance
268367 2,975 MHSRC/RANGE Tuition Reimbursement/School Police Sworn
268504 2,975 MHSRC/RANGE Tuition Reimbursement/School Police Sworn
1023019 2,920 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Center-CAM
1023104 2,900 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
268196 2,874 DPC INDUSTRIES INC Treatment Chemicals Water Treatment
268292 2,853 AIRGAS USA LLC Supplies-Pool Pool Maintenance
268477 2,846 HEALTHPARTNERS Employment Support Test Utility Operations-General
268371 2,831 MOR GOLF AND UTILITY INC Small Tools Park Maintenance
268278 2,800 SWEDEBRO Contract Svcs-General Bldg Fire Station#3
268473 2,755 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Concessions
268564 2,725 CENTURYLINK Fiber Lease Payments City Center-CAM
268177 2,724 CENTURYLINK Fiber Lease Payments City Center-CAM
268421 2,714 ASPEN CARPET CLEANING Janitor Service Prairie Village Liquor Store
268482 2,705 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
268219 2,702 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
1023026 2,679 WM MUELLER AND SONS INC Patching Asphalt Water Distribution
268423 2,650 BARTON SAND&GRAVEL CO Waste Blacktop/Concrete Community Center
268743 2,648 LEAGUE MN CITIES INS TRUST Property Insurance 494 Corridor Commission
268496 2,639 LEAGUE MN CITIES INS TRUST Insurance Property Insurance
7182 2,609 AMERICAN EXPRESS Bank and Service Charges Inspections-Administration
268685 2,545 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
268257 2,523 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store
268460 2,521 EDEN PRAIRIE COMMUNITY EDUCATION Gym Rental Community Band
1023111 2,503 GRAINGER Equipment Parts Arts Center
1022977 2,502 WSB&ASSOCIATES INC Design&Engineering General Fixed Asset Account Gr
7162 2,464 PFM ASSET MANAGEMENT LLC Interest Investment Fund
268497 2,429 LUBE-TECH ESI Equipment Repair&Maint Fleet Operating
268727 2,427 GYM WORKS Equipment Repair&Maint Fitness Center
268770 2,400 R&H PAINTING LLC Other Contracted Services Wasterwater Collection
7141 2,399 AMERICAN EXPRESS Bank and Service Charges Inspections-Administration
268254 2,384 OFFICE TEAM Temp 494 Corridor Commission
268470 2,377 GOPHER STATE ONE-CALL OCS-Utility Locates Water Distribution
268357 2,346 LAW ENFORCEMENT LABOR SERVICES INC. Union Dues Withheld Health and Benefits
7157 2,343 PFM ASSET MANAGEMENT LLC Interest Investment Fund
268183 2,327 CONSTRUCTION MATERIALS INC Asphalt Overlay Street Maintenance
268719 2,291 FIRE SAFETY USA INC Small Tools Fire
1022913 2,288 MPX GROUP,THE Printing Senior Center Admin
268323 2,259 CORE&MAIN Equipment Parts Stormwater Collection
1022976 2,216 VINOCOPIA Liquor Product Received Prairie View Liquor Store
268754 2,202 NAC Other Contracted Services Fire Station#2
268519 2,202 PARK NICOLLET CLINIC Health&Fitness Fire
268373 2,198 NORTHLAND PETROLEUM SERVICE INC Equipment Repair&Maint Fleet Operating
268162 2,180 ADVANTAGE PROPERTY MAINTENANCE INC Other Contracted Services Park Maintenance
1023007 2,178 CENTERPOINT ENERGY Gas Den Road Liquor Store
268377 2,174 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store
268245 2,150 MN MECHANICAL SOLUTIONS INC Equipment Repair&Maint Water Treatment
268769 2,131 QUETICA LLC Design&Engineering Water Distribution
268343 2,091 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn
268299 2,037 AVR INC Asphalt Overlay Stormwater Collection
Check# Amount Supplier/Explanation Account Description Business Unit Comments
268379 1,998 PINE PRODUCTS INC Landscape Materials/Supp Park Maintenance
268731 1,992 HYDROCORP Other Contracted Services Utility Operations-General
268393 1,970 THE ADVENT GROUP Temp 494 Corridor Commission
268427 1,950 BERNICK'S WINE Liquor Product Received Den Road Liquor Store
268434 1,945 BTR OF MINNESOTA Equipment Parts Fleet Operating
268297 1,935 ARVIG Fiber Lease Payments IT Operating
268452 1,935 COUNTY MATERIALS CORPORATION Equipment Parts Stormwater Collection
268526 1,907 PRESCRIPTION LANDSCAPE Other Contracted Services Street Maintenance
268259 1,900 PRAIRIE RESTORATIONS INC Other Contracted Services Park Maintenance
1022975 1,837 VAN PAPER COMPANY Cleaning Supplies Park Shelters
1023115 1,802 METRO ELEVATOR INC Contract Svcs-Elevator City Center-CAM
268331 1,800 DSO ARCHITECTURE INC Other Contracted Services General Fixed Asset Account Gr
268494 1,794 KODIAK CUSTOM LETTERING INC Clothing&Uniforms July 4th Celebration
1022920 1,783 VAN PAPER COMPANY Cleaning Supplies Park Shelters
268718 1,730 ERICKSON ENGINEERING COMPANY LLC Design&Engineering Engineering
268747 1,700 MHSRC/RANGE Tuition Reimbursement/School Police Sworn
268195 1,679 DOMACE VINO Liquor Product Received Prairie View Liquor Store
268338 1,663 FIRE SAFETY USA INC Repair&Maint.Supplies Fleet Operating
268168 1,650 AXON ENTERPRISE INC Training Supplies Police Sworn
268563 1,650 ANDERSON TIMOTHY Other Contracted Services Summer Theatre
1023102 1,649 ADVANCED ENGINEERING&ENVIRONMENTAL SE Equipment Repair&Maint Water Treatment
1023132 1,630 WINE COMPANY,THE Liquor Product Received Prairie View Liquor Store
268714 1,620 EAU CLAIRE BREWING PROJECT THE LLC Liquor Product Received Prairie View Liquor Store
1023124 1,610 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Maintenance Facility
268707 1,605 CORE&MAIN Equipment Parts Stormwater Collection
268360 1,598 LUBE-TECH ESI Equipment Repair&Maint Fleet Operating
1023078 1,595 WINE COMPANY,THE Liquor Product Received Den Road Liquor Store
268336 1,572 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos General Fixed Asset Account Gr
1022956 1,565 WM MUELLER AND SONS INC Gravel Stormwater Collection
1023055 1,563 GRAINGER Cleaning Supplies Ice Arena Maintenance
268374 1,557 NORTHSTAR MUDJACKING&MORE LLC Mudjacking Curbs Drainage
1023020 1,552 RENDERS INC Landscape Materials/Supp Park Maintenance
7151 1,551 FURTHER-AKA SELECT FSA-Medical Health and Benefits
268313 1,551 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance
268268 1,550 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal
268751 1,544 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service
268568 1,500 WARHOL,MELISSA Other Contracted Services Summer Theatre
268763 1,500 PLAY-WELL TEKNOLOGIES Instructor Service Camps
268366 1,499 METRO STUMP GRINDING Other Contracted Services Tree Removal
1023109 1,499 FACTORY MOTOR PARTS COMPANY Small Tools Fleet Operating
268231 1,490 MACPHAIL CENTER FOR MUSIC Other Contracted Services New Adaptive
268513 1,480 NAC Contract Svcs-HVAC Arts Center
268397 1,469 ULTIMATE EVENTS,INC Other Rentals July 4th Celebration
268783 1,465 STERLING FENCE INC Contract Svcs-General Bldg Fire Station#2
1022963 1,426 CASE,RON Conference/Training City Council
268552 1,418 UNITED STATES POSTAL SERVICE Miscellaneous Parks Administration
268697 1,410 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance
268701 1,406 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
268221 1,400 ICMA Dues&Subscriptions Administration
1023088 1,398 HACH COMPANY Laboratory Chemicals Water Treatment
Check# Amount Supplier/Explanation Account Description Business Unit Comments
1023040 1,385 VAN PAPER COMPANY Cleaning Supplies Police(City Cost)
268211 1,378 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store
1023046 1,372 ASPEN WASTE SYSTEMS INC. Waste Disposal General Community Center
1023025 1,369 WINE COMPANY,THE Liquor Product Received Prairie View Liquor Store
268364 1,350 MCCANN,SHAWN DANIEL Other Contracted Services July 4th Celebration
1022901 1,347 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Historical Buildings
268178 1,346 CENTURYLINK Internet IT Operating
268407 1,339 YORKTOWN OFFICES Rent 494 Corridor Commission
1023100 1,337 WENCK ASSOCIATES INC OCS-Monitoring Stormwater Non-Capital
268550 1,337 TWIN CITIES DOTS AND POP LLC Merchandise for Resale Concessions
7171 1,331 FIDELITY SECURITY LIFE INSURANCE CO Vision Plan Health and Benefits
1023099 1,322 VINOCOPIA Liquor Product Received Prairie View Liquor Store
268722 1,321 GALLS LLC Clothing&Uniforms Police Sworn
268349 1,285 J H LARSON COMPANY Supplies-Electrical Miller Park
1023010 1,284 HORIZON COMMERCIAL POOL SUPPLY Repair&Maint.Supplies Pool Maintenance
268690 1,264 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store
268463 1,250 EDINA,CITY OF Other Contracted Services Communications
1022915 1,240 RANDY'S ENVIRONMENTAL SERVICES Waste Disposal City Center-CAM
1022943 1,212 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store
268553 1,200 UNITED STATES POSTAL SERVICE Postage Planning
268303 1,197 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store
268717 1,164 EHLERS&ASSOCIATES INC Deposits Escrow
268788 1,150 VERSATILE VEHICLES INC Other Contracted Services July 4th Celebration
7159 1,138 FURTHER-AKA SELECT Other Contracted Services Health and Benefits
1023091 1,130 MIDWEST OVERHEAD CRANE Equipment Repair&Maint Utility Operations-General
268440 1,100 CHURCH OF CASH Other Contracted Services July 4th Celebration
268352 1,095 JOHNSON LITHO GRAPHICS OF EAU CLAIRE LTD Printing Staring Lake Concert
268333 1,092 EAU CLAIRE BREWING PROJECT THE LLC Liquor Product Received Prairie View Liquor Store
268163 1,083 ANDERSON TIMOTHY Operating Supplies Summer Theatre
1023087 1,065 GREENSIDE INC Contract Svcs-Lawn Maint. City Center-CAM
1022941 1,046 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating
268781 1,040 STAPLES ADVANTAGE Office Supplies Customer Service
268362 1,039 MACQUEEN EQUIPMENT INC Equipment Parts Wasterwater Collection
1022944 1,032 PETERSON BROS ROOFING AND CONSTRUCTION I Contract Svcs-Roof Fire Station#1
268317 1,024 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
1022936 1,016 JASPER ENGINEERING&EQUIPMENT COMPANY Equipment Parts Water Treatment
1023067 1,004 PETERSON BROS ROOFING AND CONSTRUCTION I Contract Svcs-Roof Fire Station#1
268208 1,003 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance
268443 1,000 CLIFTONLARSONALLEN LLP Audit&Financial Finance
268549 1,000 TRIVIA MAFIA Other Contracted Services July 4th Celebration
268487 980 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits
268733 980 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits
7161 970 FURTHER-AKA SELECT FSA-Dependent Care Health and Benefits
268166 966 AT YOUTH PROGRAMS LLC Instructor Service Tennis
1023123 963 POMP'S TIRE SERVICE INC Tires Fleet Operating
1022947 961 SHERWIN WILLIAMS CO Repair&Maint.Supplies Park Acquisition&Development
268691 942 BEYOND THIS DAY Deposits Escrow
1022921 923 VINOCOPIA Liquor Product Received Prairie View Liquor Store
1023041 921 VINOCOPIA Liquor Product Received Den Road Liquor Store
1023119 918 MULCAHY COMPANY INC Supplies-HVAC City Center-CAM
Check# Amount Supplier/Explanation Account Description Business Unit Comments
268565 917 KENT MEGHAN Clothing&Uniforms Summer Theatre
268771 909 READY WATT ELECTRIC Equipment Repair&Maint Emergency Management
268256 908 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Utility Operations-General
268222 904 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
7175 900 FURTHER-AKA SELECT FSA-Dependent Care Health and Benefits
268702 900 CLIMB THEATRE Instructor Service Safety Camp
268271 899 SIGNSOURCE Signs Capital Outlay Parks
268324 899 COURT SURFACES&REPAIR Outside Water Sales Escrow
268773 894 ROTO ROOTER SERVICES COMPANY Contract Svcs-HVAC Ice Arena Maintenance
1023093 894 ROTO-ROOTER Contract Svcs-Plumbing Fire Station#1
268411 893 PETTY CASH Mileage&Parking Human Resources
1023095 891 SITEONE LANDSCAPE SUPPLY,LLC Operating Supplies Park Maintenance
268260 888 PRINT SOURCE MINNESOTA Printing Fitness Admin.
268422 886 AVR INC Asphalt Overlay Street Maintenance
1022946 883 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Water Treatment
1023121 882 PARLEY LAKE WINERY Liquor Product Received Prairie View Liquor Store
268328 863 DAVANNI'S PIZZA Merchandise for Resale Concessions
268547 860 THE ADVENT GROUP Temp 494 Corridor Commission
268394 860 TWIN CITIES DOTS AND POP LLC Merchandise for Resale Concessions
268724 858 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store
268228 857 LIONS SHARE MANAGEMENT Outside Water Sales Escrow
268347 855 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store
1023042 855 WENCK ASSOCIATES INC Other Contracted Services Stormwater Non-Capital
268732 855 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
1023009 851 GRAINGER Supplies-General Bldg General Community Center
268479 849 HENNEPIN COUNTY UT DEPT Software Maintenance Public Safety Communications
268758 835 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store
1023073 830 STREICHERS Training Supplies Volunteers
268181 826 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
1023017 817 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
268723 815 GERTENS Landscape Materials/Supp Purgatory Creek Park
268368 805 MINNESOTA FIRE SERVICE CERTIFICATION BOA Dues&Sub-Cert&Licensing Fire
268567 800 SEELING,LYNN A Other Contracted Services Summer Theatre
268741 798 KODIAK CUSTOM LETTERING INC Clothing&Uniforms July 4th Celebration
268711 787 DOMACE VINO Liquor Product Received Den Road Liquor Store
268572 781 BODENNER ZACHARY Deposits Escrow
268279 774 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
7155 763 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating
268376 747 PARK NICOLLET CLINIC Employment Support Test Organizational Services
268193 721 DISPLAY SALES Operating Supplies Purgatory Creek Park
268544 708 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
268224 703 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment
268227 702 KODIAK CUSTOM LETTERING INC Clothing&Uniforms Park Facilities
268190 700 DIETHELM,TAMMY L Other Contracted Services Pleasant Hill Cemetery
268229 694 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store
268392 690 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
1022954 688 WATSON CO INC,THE Merchandise for Resale Concessions
268695 683 BROTHERS FIRE PROTECTION Contract Svcs-Fire/Life/Safe City Center-CAM
268784 681 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
268485 671 INBOUND BREW CO Liquor Product Received Den Road Liquor Store
Check# Amount Supplier/Explanation Account Description Business Unit Comments
268522 667 POPE DOUGLAS SOLID WASTE MANAGEMENT Other Contracted Services Police Sworn
268281 650 THE ADVENT GROUP Temp 494 Corridor Commission
268508 650 MINNESOTA STATE FIRE CHIEFS ASSN Conference/Training Fire
1022953 647 VISTAR CORPORATION Merchandise for Resale Concessions
268203 640 ERGOMETRICS Training Supplies Organizational Services
268757 638 OLYMPIC HOMESTEAD,LLC AR Utility Water Enterprise Fund
268692 636 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store
1023005 636 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations-General
268753 634 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store
268587 632 BONDARENKO ALEKSANDR AR Utility Water Enterprise Fund
1022945 630 PITNEY BOWES Office Supplies Customer Service
268240 625 MIDWEST PLAYGROUND CONTRACTORS INC Other Contracted Services Round Lake
268380 625 PINSVILLE Office Supplies City Council
268507 625 MINNESOTA FIRE SERVICE CERTIFICATION BOA Dues&Sub-Cert&Licensing Fire
268777 624 SMALL LOT MN Liquor Product Received Den Road Liquor Store
268515 619 NELSON BROOKE Operating Supplies Summer Theatre
268457 610 DOMACE VINO Liquor Product Received Prairie View Liquor Store
268233 608 MARCO INC Telephone IT Operating
268370 603 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store
268383 600 RAMIREZ STEVEN Other Contracted Services Summer Theatre
268566 600 NELSON BROOKE Other Contracted Services Summer Theatre
268558 595 VETERAN SHREDDING Special Event Fees Senior Center Programs
1023022 595 TWIN CITY HARDWARE Contract Svcs-Pool Pool Maintenance
268518 592 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire
268236 584 MEDICINE LAKE TOURS Special Event Fees Trips
268534 583 SCHAEFCO DEVELOPMENT LLC Reimbursement Escrow
7167 581 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits
268546 576 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
268557 575 VERLEY,TARYN Other Contracted Services Theatre Initiative
268266 570 RUMPCA CO INC Landscape Materials/Supp Park Maintenance
7164 570 I-494 CORRIDOR COMMISSION Payroll-Marketing 494 Corridor Commission
268339 564 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating
268381 560 PRAIRIE RESTORATIONS INC Equipment Repair&Maint Water Supply(Wells)
268425 556 BEN&JERRY'S Incentives 494 Corridor Commission
268310 555 BTR OF MINNESOTA Equipment Parts Fleet Operating
268404 553 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
268344 550 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Other Contracted Services Rehab
1022903 547 BLOOMINGTON SECURITY SOLUTIONS Building Repair&Maint. Water Supply(Wells)
1023094 542 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Den Road Liquor Store
268524 540 PRAIRIE RESTORATIONS INC Other Contracted Services Park Maintenance
1023117 539 METROPOLITAN MECHANICAL CONTRACTORS Contract Svcs-HVAC Fitness/Conference-Cmty Ctr
268171 536 BOUND TREE MEDICAL LLC EMS Supplies-Oxygen Supplies Fire
1023097 534 THE OASIS GROUP Employee Assistance Organizational Services
1022908 532 FASTENAL COMPANY Equipment Parts Park Maintenance
268387 521 SHAKOPEE BREWHALL Liquor Product Received Prairie View Liquor Store
268749 520 MINNESOTA DEPARTMENT OF NATURAL RESOURCE Other Rentals Park Maintenance
1022939 515 MENARDS Equipment Repair&Maint Street Maintenance
1022940 515 METRO SALES INCORPORATED* Equipment Rentals Utility Operations-General
1022942 514 MINNESOTA ROADWAYS CO Patching Asphalt Street Maintenance
268267 509 SAINT CROIX VINEYARDS,INC. Liquor Product Received Den Road Liquor Store
Check# Amount Supplier/Explanation Account Description Business Unit Comments
268341 508 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store
268200 500 EDEN PRAIRIE COMMUNITY CENTER Petty Cash&Change Funds General Fund
268386 500 SERVICEMASTER COMMERCIAL SYSTEMS Contract Svcs-Garden Rm/Caf. Garden Room Repairs
268750 500 MINNESOTA DEPARTMENT OF REVENUE Conference/Training Assessing
268270 497 SIGNSOURCE Printing Summer Theatre
1022965 484 FASTENAL COMPANY Equipment Parts Fleet Operating
268391 480 SUBURBAN CHEVROLET Equipment Repair&Maint Fleet Operating
268204 480 F I R E Tuition Reimb-College Core Fire
268416 478 ABLE SEEDHOUSE AND BREWERY Liquor Product Received Prairie View Liquor Store
1022912 476 MINNESOTA CLAY CO.USA Operating Supplies Arts Center
7180 472 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting
1023012 470 INTERSTATE POWER SYSTEMS INC Equipment Repair&Maint Wastewater Lift Station
268265 468 ROCK HARD LANDSCAPE Landscape Materials/Supp Street Maintenance
1023063 468 MENARDS Signs Ice Arena Maintenance
268276 468 STAPLES ADVANTAGE Office Supplies Customer Service
268730 464 HOME DEPOT CREDIT SERVICES Supplies-General Bldg Fitness/Conference-Cmty Ctr
1023031 464 FASTENAL COMPANY Equipment Parts Fleet Operating
268170 456 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store
7139 455 PMA FINANCIAL NETWORK INC Bank and Service Charges Wastewater Accounting
268505 450 MIA DORRS PREMIER ENTERTAINMENT Other Contracted Services July 4th Celebration
268569 449 PETTY CASH-POLICE DEPT Operating Supplies Police Sworn
268412 446 M-R SIGN CO INC Signs Traffic Signs
268683 440 AMAZING ATHLETES OF CENTRAL MN Instructor Service Preschool Events
268405 438 WORKS COMPUTING INC Other Contracted Services IT Operating
1023029 436 CLAREY'S SAFETY EQUIPMENT Safety Supplies Park Maintenance
268194 431 DODGE OF BURNSVILLE Equipment Parts Fleet Operating
1023101 428 WILSON,JOHN D. Clothing&Uniforms Police Sworn
1023044 427 AMERITRAK Other Contracted Services Snow&Ice Control
1022960 427 BLOOMINGTON SECURITY SOLUTIONS Operating Supplies Water Treatment
268478 425 HENNEPIN COUNTY FIRE CHIEF ASSOCIATION Conference/Training Fire
268779 425 SOUNDS GREAT&SPECIAL SOUNDS INC Other Contracted Services Safety Camp
1022973 423 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie View Liquor Store
268262 423 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store
268792 417 UNITED STATES TREASURY Health Insurance Health and Benefits
268348 416 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
268439 416 CENTURYLINK Internet E-911 Program
268248 410 MUEHLBAUER,THOMAS G Other Contracted Services Community Band
1022974 406 SITEONE LANDSCAPE SUPPLY,LLC Repair&Maint.Supplies Park Maintenance
1023038 404 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Den Road Liquor Store
268210 400 GALLS LLC Clothing&Uniforms Police Sworn
1023064 398 MINNESOTA EQUIPMENT Equipment Parts Street Maintenance
1023024 394 WATSON CO INC,THE Merchandise for Resale Concessions
268436 389 CAPREF EDEN PRAIRIE LLC Building Rental Housing and Community Service
1022907 388 CHEMSEARCH Contract Svcs-Ice Rink Ice Arena Maintenance
268768 385 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store
1023016 385 METRO SALES INCORPORATED* Printers IT Operating
268451 380 CORPORATE TECHNOLOGIES Computers 494 Corridor Commission
268335 375 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous City Council
268511 372 MN HARVEST LLC Liquor Product Received Den Road Liquor Store
268584 367 BLOOM MIKE AR Utility Water Enterprise Fund
Check# Amount Supplier/Explanation Account Description Business Unit Comments
268247 363 MONROE,MICHAEL Other Contracted Services Arts in the Park
268540 361 SOUTHWEST NEWS MEDIA Legal Notices Publishing City Clerk
268498 360 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store
268255 355 OLSEN CHAIN&CABLE Clothing&Uniforms Utility Operations-General
268605 355 EDINA REALTY TITLE AR Utility Water Enterprise Fund
1023015 352 MENARDS Operating Supplies Park Maintenance
1022937 351 LEROY JOB TRUCKING INC Other Contracted Services Police Sworn
268275 350 SOUTHWEST CHRISTIAN HIGH SCHOOL Building Rental Summer Theatre
1022909 345 GREATAMERICA FINANCIAL SVCS Postage Customer Service
268314 344 CENTURYLINK Telephone IT Operating
268739 340 KAISER,DAVID S Equipment Repair&Maint Fitness Center
268680 338 ABLE SEEDHOUSE AND BREWERY Liquor Product Received Prairie View Liquor Store
268246 337 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
268179 336 CHANKASKA CREEK RANCH&WINERY,LLC Liquor Product Received Den Road Liquor Store
1022959 336 BERRY COFFEE COMPANY Merchandise for Resale Concessions
1022958 328 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Wine Club/Events
268442 328 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
1023059 328 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance
1022922 326 WEBER,GREG Conference/Training Police Sworn
268213 325 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store
268189 324 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance
268528 318 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store
268486 307 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
1023114 302 MENARDS Small Tools Park Maintenance
268157 300 WASHINGTON COUNTY COURT ADMIN Deposits Escrow
268501 300 METRO DINING CLUB Deposits Escrow
268560 300 WASHINGTON COUNTY COURT ADMIN Deposits Escrow
7156 299 VANCO SERVICES Bank and Service Charges Wastewater Accounting
268264 297 RETROFIT COMPANIES,INC,THE Supplies-Electrical General Community Center
1023120 294 NORCOSTCO Other Rentals Summer Theatre
7158 294 US BANK-PAYMODE Bank and Service Charges Finance
268483 293 HOUSEAL LAVIGNE ASSOCIATES Other Contracted Services Planning
268517 292 OLSEN CHAIN&CABLE Operating Supplies Park Maintenance
1022957 290 ADAMS PEST CONTROL INC Contract Svcs-Pest Control General Community Center
268355 289 LAKE COUNTRY DOOR LLC Equipment Repair&Maint Fleet Operating
268312 288 CARLOS CREEK WINERY Liquor Product Received Den Road Liquor Store
268277 283 SUMMIT COMMERCIAL FACILITIES GROUP Contract Svcs-Garden Rm/Ca£ Garden Room Repairs
1023084 283 CLAREY'S SAFETY EQUIPMENT Safety Supplies Fleet Operating
1022929 280 CITI-CARGO&STORAGE CO,INC Other Rentals Summer Theatre
268172 280 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store
268185 278 COUTTS ANDREW AR Utility Water Enterprise Fund
268180 275 CITY OF SAINT PAUL Tuition Reimbursement/School Police Sworn
1022932 275 GRAFIX SHOPPE Autos General Fixed Asset Account Gr
268298 271 ASPEN MILLS Clothing&Uniforms Fire
268466 271 ENKI BREWING COMPANY INC Liquor Product Received Den Road Liquor Store
268330 269 DOMACE VINO Liquor Product Received Prairie View Liquor Store
268574 266 ALMS STEPHEN AR Utility Water Enterprise Fund
1023037 260 ROSE,ALECIA Employee Award Organizational Services
1023080 259 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Den Road Liquor Store
1022911 255 METROPOLITAN FORD Equipment Parts Fleet Operating
Check# Amount Supplier/Explanation Account Description Business Unit Comments
1023105 254 CDW GOVERNMENT INC. Hardware-R&M IT Operating
268385 254 SAINT CROIX VINEYARDS,INC. Liquor Product Received Prairie Village Liquor Store
268165 252 ASPEN MILLS Clothing&Uniforms Fire
268327 252 DALCO Janitor Service City Center-CAM
268545 252 SUMMIT COMPANIES Contract Svcs-Fire/Life/Safe Fire Station#1
268244 250 MISS MYRA&THE MOONSHINERS Other Contracted Services Arts in the Park
268280 250 TEDDY BEAR BAND Other Contracted Services Arts in the Park
1023076 250 WALL TRENDS INC Contract Svcs-General Bldg Police(City Cost)
268464 245 EHLERS&ASSOCIATES INC Deposits Escrow
268748 245 MINNESOTA AIR INC Supplies-HVAC Dunn Brothers
268623 244 KANE VICTORIA AR Utility Water Enterprise Fund
268361 241 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
1022933 237 GRAINGER Equipment Repair&Maint Water Metering
268316 237 CINTAS CORPORATION Safety Supplies Community Center Admin
1023077 236 WATSON CO INC,THE Merchandise for Resale Concessions
268191 232 DIRECTV Cable TV Community Center Admin
268209 231 FOUNDATION FOR EP SCHOOLS P&R Refunds Community Center Admin
1023131 230 WATSON CO INC,THE Merchandise for Resale Concessions
1022917 226 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie Village Liquor Store
268201 225 EDEN PRAIRIE ROTARY CLUB Dues&Subscriptions Administration
268237 224 MEREDITH KATE Outreach Mileage/Parking 494 Corridor Commission
268453 221 CUB FOODS EDEN PRAIRIE Operating Supplies Volunteers
268202 221 ENKI BREWING COMPANY INC Liquor Product Received Prairie Village Liquor Store
268315 220 CHRIS CASTLE INC Phone/Data/Web 494 Corridor Commission
1023058 215 HANSEN THORP PELLINEN OLSON Other Contracted Services Capital Maint.&Reinvestment
1023036 211 QUALITY PROPANE Equipment Parts Ice Arena Maintenance
1023034 210 MINNESOTA NATIVE LANDSCAPES Maintenance Contracts Stormwater Non-Capital
1022902 209 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie View Liquor Store
1022918 205 SITEONE LANDSCAPE SUPPLY,LLC Repair&Maint. Supplies Homeward Hills Park
268776 204 SIGNSOURCE Printing Staring Lake Concert
1023028 204 BERRY COFFEE COMPANY Merchandise for Resale Concessions
268647 203 OPEN DOOR LABS INC C/O ACCOUNTS PAYABLE AR Utility Water Enterprise Fund
7144 201 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits
1023096 200 TESSMAN SEED CO Chemicals Park Maintenance
1022967 200 GREGOIRE,DAVID Other Contracted Services Communications
268662 199 ST JAMES PLACE AR Utility Water Enterprise Fund
268548 196 TRANSUNION RISK&ALTERNATIVE DATA Other Contracted Services Police Sworn
268415 195 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs
268406 193 PRINCIPAL FINANCIAL GROUP Payroll-ExecutiveDirector 494 Corridor Commission
268413 190 3CMA Awards Communications
268319 190 COMCAST Internet IT Operating
1023085 189 CONCRETE CUTTING AND CORING Equipment Parts Water Distribution
7150 187 OPTUM HEALTH Other Contracted Services Health and Benefits
268218 182 HENNEPIN COUNTY TREASURER PUBLIC WORKS Waste Disposal Park Maintenance
268688 181 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating
268159 180 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs
268492 180 KENDELL DOORS&HARDWARE INC Contract Svcs-Ice Rink Ice Arena Maintenance
268263 179 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store
268369 177 MN DEPT OF TRANSPORTATION Testing Traffic Signals
268220 175 HOPKINS,CITY OF Tuition Reimbursement/School Fire
Check# Amount Supplier/Explanation Account Description Business Unit Comments
268216 173 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn
268272 173 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store
1023070 170 PREMIUM WATERS NC Operating Supplies-Water Fire
268363 170 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store
268197 168 DRIVER AND VEHICLE SERVICES Operating Supplies Police Sworn
1022914 168 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
268633 166 MAND PARAMJIT AR Utility Water Enterprise Fund
1023011 165 IDENTISYS Printers-Accessories IT Operating
268252 164 O'CONNOR KATIE Mileage&Parking Administration
268431 164 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store
268641 163 MULDER JOHN AR Utility Water Enterprise Fund
268441 163 CITIES MANAGEMENT Equipment Repair&Maint Water Metering
1022949 162 SPRINT Cell Phones 494 Corridor Commission
1023107 162 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits
1022951 162 STREICHERS Clothing&Uniforms Police Sworn
1022916 162 SCHULZE,CARTER Mileage&Parking Engineering
1022962 161 CARLSTON,BRANDON Clothing&Uniforms Police Sworn
268720 160 FLECK JAMIE Operating Supplies Outdoor Center
268401 160 VERIZON WIRELESS Other Contracted Services Park Maintenance
268337 160 ESTRINE,ROBERT Other Contracted Services Community Band
268495 160 KORUS,MICHAEL Clothing&Uniforms Volunteers
268700 160 CHANKASKA CREEK RANCH&WINERY,LLC Liquor Product Received Den Road Liquor Store
268706 159 COOK MICHELLE Operating Supplies Outdoor Center
1023065 159 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
1022906 159 BUSINESS ESSENTIALS Office Supplies Utility Operations-General
1023035 158 MPX GROUP,THE Printing Police Sworn
268678 158 56 BREWING LLC Liquor Product Received Den Road Liquor Store
268610 156 FUGLESTEN LARRY AR Utility Water Enterprise Fund
1023021 155 STREICHERS Clothing&Uniforms Police Sworn
268480 155 HENNEPIN COUNTY TREASURER Software Maintenance IT Operating
268322 154 COMMERCIAL RECREATION SPECIALISTS Operating Supplies Pool Operations
1023052 154 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits
268782 153 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
268465 151 EMBROIDME EMS Supplies-EMS Supplies Fire
1023072 150 STERICYCLE INC Other Contracted Services Police Sworn
268353 150 JOHNSON RAYMOND L Special Event Fees Senior Board
268506 150 MINNESOTA DEPARTMENT OF NATURAL RESOURCE Licenses,Taxes,Fees Stormwater Capital
268603 150 DOTY BILL AR Utility Water Enterprise Fund
1023075 150 USA SECURITY Maintenance Contracts Water Treatment
1023127 150 STAR TRIBUNE MEDIA COMPANY LLC Miscellaneous Communications
268735 149 J H LARSON COMPANY Operating Supplies Park Maintenance
268637 147 MICHAELSON WILLIAM AR Utility Water Enterprise Fund
268713 146 E A SWEEN COMPANY Merchandise for Resale Concessions
268676 145 WIMMER TRENT AR Utility Water Enterprise Fund
268437 144 CARLOS CREEK WINERY Liquor Product Received Den Road Liquor Store
268232 141 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating
268230 140 M&A EXECUTIVE SEARCH LLC Conference/Training Fire
268668 138 THYKEN MIKE AR Utility Water Enterprise Fund
268375 138 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire
268608 137 FETTER GREG AR Utility Water Enterprise Fund
Check# Amount Supplier/Explanation Account Description Business Unit Comments
268192 136 DISCOUNT STEEL INC Equipment Parts Fleet Operating
268332 136 E A SWEEN COMPANY Merchandise for Resale Concessions
268160 135 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs
268512 135 MR CUTTING EDGE Contract Svcs-Ice Rink Ice Arena Maintenance
268699 135 CENTURYLINK Telephone IT Operating
268772 135 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie Village Liquor Store
268589 134 BOOTHBY ROBERT AR Utility Water Enterprise Fund
268198 134 E A SWEEN COMPANY Merchandise for Resale Concessions
268449 133 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits
268704 133 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits
268756 132 OLSEN CHAIN&CABLE Small Tools Wasterwater Collection
268745 131 LIBBE CATHERINE AR Utility Water Enterprise Fund
268762 131 PLANT&FLANGED EQUIPMENT Improvements to Land Park Acquisition&Development
268430 130 BORJESSON,TERESA P&R Refunds Community Center Admin
1023092 128 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
1023060 127 IDENTISYS Printers-Accessories IT Operating
1022972 125 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
268627 122 LINK DAVE AR Utility Water Enterprise Fund
1023049 121 BOBBY&STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair&Maint Police Sworn
268705 120 CONQUER EDEN PRAIRIE Instructor Service Lesson Skills Development
268787 120 VERIZON WIRELESS Telephone E-911 Program
268677 120 XU BUYE AR Utility Water Enterprise Fund
268619 119 IYER VENKATARAMAN AR Utility Water Enterprise Fund
268710 118 DODGE OF BURNSVILLE Equipment Parts Fleet Operating
268403 118 WAYTEK INC Equipment Parts Fleet Operating
268309 118 BROWN,PHILIP P&R Refunds Community Center Admin
1023008 113 GINA MARIAS INC Operating Supplies Volunteers
268286 113 WILD ONES PRAIRIE EDGE P&R Refunds Community Center Admin
1022964 112 EICHMAN NATHAN Clothing&Uniforms Police Sworn
268527 112 PROP-PR Charitable Contributions Health and Benefits
268767 112 PROP-PR Charitable Contributions Health and Benefits
268764 110 POFERL,CHRISTOPHER Tuition Reimbursement/School Fitness Classes
1023032 110 GEIS,ROB Clothing&Uniforms Police Sworn
268253 109 OFFICE OF MN IT SERVICES Other Contracted Services Police Sworn
268687 109 BACAL,AGNIESZKA Operating Supplies Outdoor Center
268488 109 IPMA-HR Dues&Subscriptions Human Resources
268215 109 HENGEL,PATRICK Tuition Reimb-College Books Su Fire
268663 108 STANDA KEVIN AR Utility Water Enterprise Fund
268182 108 COMCAST Phone/Data/Web 494 Corridor Commission
7178 107 SAGE PAYMENT SOLUTIONS Bank and Service Charges Historical Culture
268161 107 ACCU-RITE POWDERCOATING&SURFACE PREP Equipment Repair&Maint Traffic Signs
268655 106 SCHERBER DAVID AR Utility Water Enterprise Fund
268321 103 COMCAST Cable TV Fire
268446 101 COMCAST Cable TV Fire
268738 100 JORDAHL MICHELLE AR Utility Water Enterprise Fund
268326 100 CUMMINS NPOWER LLC Equipment Repair&Maint Fleet Operating
268410 100 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Licenses,Taxes,Fees Water Capital
268426 100 BEND IN THE RIVER BIG BAND Other Contracted Services Special Initiatives
268510 100 MN DEPT.OF LABOR AND INDUSTRY Licenses,Taxes,Fees Pool Maintenance
268666 100 THE ESTATE OF ROBERT JOHN LEHMAN AR Utility Water Enterprise Fund
Check# Amount Supplier/Explanation Account Description Business Unit Comments
268708 100 CUMMINS NPOWER LLC Equipment Repair&Maint Fleet Operating
268318 100 COMCAST Other Contracted Services IT Operating
268667 97 THOMPSON PAUL AR Utility Water Enterprise Fund
268158 96 56 BREWING LLC Liquor Product Received Prairie View Liquor Store
268289 96 56 BREWING LLC Liquor Product Received Prairie View Liquor Store
268622 96 JOHNSON MATT AR Utility Water Enterprise Fund
268535 96 SHRED RIGHT Waste Disposal City Hall(City Cost)
268645 96 OAKES KAREN AR Utility Water Enterprise Fund
1023079 95 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Historical Buildings
268217 94 HENNEPIN COUNTY RESIDENT&REAL ESTATE Right of Way&Easement Improvement Projects 2006
268537 93 SMALL LOT MN Liquor Product Received Prairie View Liquor Store
268669 93 TITLE MINNESOTA AR Utility Water Enterprise Fund
268661 92 SMITH MATT AR Utility Water Enterprise Fund
268456 90 DODGE OF BURNSVILLE Equipment Parts Fleet Operating
268542 89 STAPLES ADVANTAGE Office Supplies Customer Service
268390 89 STAPLES ADVANTAGE Office Supplies Utility Operations-General
268474 88 HAMMERLIND,PETE Operating Supplies Park Maintenance
268399 88 US BANK EQUIPMENT FINANCE Copier/Printer/Fax 494 Corridor Commission
1022950 88 STAR TRIBUNE MEDIA COMPANY LLC Dues&Subscriptions Utility Operations-General
1023126 88 STAR TRIBUNE MEDIA COMPANY LLC Dues&Subscriptions Utility Operations-General
268468 87 FERGUSON,JOE AR Utility Water Enterprise Fund
268598 86 CHRISTY KEVIN AR Utility Water Enterprise Fund
1023118 86 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
268234 85 MATTS AUTO SERVICE INC Equipment Repair&Maint Fleet Operating
268607 84 EPSTEIN PROPERTY MGMT,LLC AR Utility Water Enterprise Fund
1023083 83 BOLD,PAULINE Operating Supplies Outdoor Center
268640 83 MUELLER LAURA AR Utility Water Enterprise Fund
268652 82 ROIFE NADEZDA AR Utility Water Enterprise Fund
268636 82 MICHAELSON ERIC AR Utility Water Enterprise Fund
268445 81 COMCAST Equipment Repair&Maint E-911 Program
268786 80 UNIVERSAL ATHLETIC SERVICES INC Operating Supplies Miller Park
268621 80 JOHANNING JOANN AR Utility Water Enterprise Fund
268615 79 HENDRICKSON THOMAS AR Utility Water Enterprise Fund
268469 79 GERTENS Landscape Materials/Supp Park Maintenance
1023014 78 KIDCREATE STUDIO Instructor Service Arts Center
268778 76 SNAP-ON TOOLS Small Tools Fleet Operating
268304 75 BIKEVERYWHERE,LLC Incentives 494 Corridor Commission
268632 74 MAAS JERRY AR Utility Water Enterprise Fund
1022969 74 METROPOLITAN FORD Equipment Parts Fleet Operating
1022971 74 PROSOURCE SUPPLY Cleaning Supplies General Community Center
268503 74 MEULENERS,ANNIE Operating Supplies Arts Center
1023090 73 METROPOLITAN FORD Equipment Parts Fleet Operating
268734 73 INTERTECH INC Contract Development IT Operating
268604 72 EDINA REALTY RELOCATION AR Utility Water Enterprise Fund
268454 72 DALE GREEN COMPANY,THE Landscape Materials/Supp Park Maintenance
268516 72 NIKOLIC,ALLISON P&R Refunds Community Center Admin
268530 72 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store
1023030 70 CUSTOM HOSE TECH Equipment Parts Fleet Operating
268199 70 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous Economic Development
268354 70 KODIAK CUSTOM LETTERING INC Clothing&Uniforms Community Center Admin
Check# Amount Supplier/Explanation Account Description Business Unit Comments
268674 69 WATERSTON MICHAEL AR Utility Water Enterprise Fund
268269 69 SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store
268489 68 JERRY'S ENTERPRISES INC Repair&Maint. Supplies Street Maintenance
268634 68 MARVIN DANIEL AR Utility Water Enterprise Fund
268302 67 BARNA,GUZY&STEFFEN,LTD Legal Legal Council
268447 67 COMCAST Cable TV Fire
268752 66 MINNESOTA TROPHIES&GIFTS Operating Supplies Police Sworn
7152 65 MONEY MOVERS INC Other Contracted Services Community Center Admin
268582 65 BERTE CALVIN AR Utility Water Enterprise Fund
268791 65 HAMMOND,ABIGAIL Tuition Reimbursement/School Fitness Classes
268285 62 WENHAM,SEAN P&R Refunds Community Center Admin
268359 61 LIU,NATHAN Mileage&Parking Recreation Admin
268579 61 BECK SCOTT AR Utility Water Enterprise Fund
1022910 61 IRMITER,JESSE Operating Supplies Volunteers
268625 60 LARSON CARRIE AR Utility Water Enterprise Fund
1023045 59 A-SCAPE INC Contract Svcs-Lawn Maint. Den Bldg.-CAM
1023103 59 A-SCAPE INC Contract Svcs-Lawn Maint. Fire Station#2
268541 59 ST FRANCIS VETERINARY CLINIC Canine Supplies Police Sworn
268207 59 FIRST STATE TIRE RECYCLING Waste Disposal Fleet Operating
1023129 58 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance
268599 55 CLANCY PATRICK AR Utility Water Enterprise Fund
268295 54 ANTONOVICH,HEATHER Tuition Reimbursement/School Fitness Classes
268320 53 COMCAST Cable TV Fire
268186 52 CULLIGAN Corridor Comm.Misc 494 Corridor Commission
268273 52 SNAP-ON TOOLS Small Tools Fleet Operating
268226 52 KATZ,BARRY Outreach Mileage/Parking 494 Corridor Commission
268659 52 SIMONS CHARLES AR Utility Water Enterprise Fund
268630 52 LOMMEN SCOTT AR Utility Water Enterprise Fund
268679 51 ABLE HOSE&RUBBER INC Equipment Parts Water Treatment
268651 51 RIFLEMAN PEGGY AR Utility Water Enterprise Fund
268580 50 BELAEN JENNA AR Utility Water Enterprise Fund
268575 50 ALTMAN MARK AR Utility Water Enterprise Fund
268595 50 CHARLESTON DICK AR Utility Water Enterprise Fund
268591 50 BRASKET RICHARD AR Utility Water Enterprise Fund
268205 50 FAGER JAMES P&R Refunds Community Center Admin
268214 50 HELLER,MICHELLE P&R Refunds Community Center Admin
268571 50 WRIGHT COUNTY SHERIFF'S DEPT. Deposits Escrow
268775 48 SHEPPARD ELIZABETH Operating Supplies Outdoor Center
268462 47 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits
268716 47 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits
268728 46 HIGHWAY 5 BP Motor Fuels Fleet Operating
268250 46 NELSON,ROBIN Outreach Mileage/Parking 494 Corridor Commission
1023050 46 CENTERPOINT ENERGY Gas Den Road Building
268612 45 GOYETTE ADRIANA AR Utility Water Enterprise Fund
268365 45 MCFOA Dues&Subscriptions City Clerk
268538 45 SNAP-ON TOOLS Small Tools Fleet Operating
268325 45 CUB FOODS EDEN PRAIRIE Special Event Fees Senior Center Programs
268583 42 BIWER JASON AR Utility Water Enterprise Fund
268759 42 PETSMART Canine Supplies Police Sworn
1023082 41 BERRY COFFEE COMPANY Merchandise for Resale Concessions
Check# Amount Supplier/Explanation Account Description Business Unit Comments
268596 41 CHASTAIN DAVID AR Utility Water Enterprise Fund
268592 40 BRIANT THOMAS AR Utility Water Enterprise Fund
268175 39 BTR OF MINNESOTA Equipment Parts Fleet Operating
268617 38 HOCHBAUM GEORGE AR Utility Water Enterprise Fund
268419 38 AQUA LOGIC INC Repair&Maint.Supplies Round Lake
1022930 36 DAKOTA SUPPLY GROUP INC Repair&Maint.Supplies Water Metering
268586 35 BOECKERMANN JENELLE AR Utility Water Enterprise Fund
268585 35 BODE SUSAN AR Utility Water Enterprise Fund
268396 35 UDOR USA Repair&Maint.Supplies Park Maintenance
268594 34 BYKOW EDWARD AR Utility Water Enterprise Fund
268616 33 HOCH MICHAEL AR Utility Water Enterprise Fund
268514 32 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits
268755 32 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits
268648 32 PANGBORN MICHAEL AR Utility Water Enterprise Fund
268628 31 LINNEY NOREEN AR Utility Water Enterprise Fund
268291 30 AIM ELECTRONICS Repair&Maint-Ice Rink Ice Arena Maintenance
268686 30 ASPEN MILLS Clothing&Uniforms Police Sworn
268554 29 UNITED WAY Charitable Contributions Health and Benefits
268611 29 GLASS AARON AR Utility Water Enterprise Fund
268785 29 UNITED WAY Charitable Contributions Health and Benefits
1023061 29 LANDS END CORPORATE SALES Clothing&Uniforms Police Sworn
268588 29 BOOSALIS DAVID AR Utility Water Enterprise Fund
268631 28 LUNDIN ASHLEY AR Utility Water Enterprise Fund
1022905 28 BOSACKER MIKE Mileage&Parking Police Sworn
268428 28 BEUTZ,KARI Tuition Reimbursement/School Fitness Classes
268703 27 COMCAST Other Contracted Services Police Sworn
268600 27 DALEIDEN BRUCE AR Utility Water Enterprise Fund
268620 26 JEAN-PIERRE MICHELINE AR Utility Water Enterprise Fund
268643 25 NORGREN BRITTNEY AR Utility Water Enterprise Fund
268398 25 UPS FREIGHT Operating Supplies Pool Operations
268654 24 ROWBERRY KIMBERLY AR Utility Water Enterprise Fund
268187 24 DALCO Janitor Service City Center-CAM
268650 24 R&J INVESTMENT LLC AR Utility Water Enterprise Fund
1022904 24 BOHNSACK,SUE Mileage&Parking Senior Center Admin
268726 24 GS DIRECT Operating Supplies Engineering
268672 23 VANTREECK STEVE AR Utility Water Enterprise Fund
268581 23 BENSON GAYLE AR Utility Water Enterprise Fund
268671 22 TYSK SUSAN AR Utility Water Enterprise Fund
1023086 22 FASTENAL COMPANY Equipment Parts Fleet Operating
1023039 22 TOLL GAS AND WELDING SUPPLY Repair&Maint.Supplies Wasterwater Collection
268639 21 MILLER ROSS AR Utility Water Enterprise Fund
268461 21 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits
268715 21 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits
268649 20 PATREK WILLIAM AR Utility Water Enterprise Fund
7176 20 SQUARE Bank and Service Charges Community Center Admin
268414 20 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs
268670 20 TSCHANTZ DODI AR Utility Water Enterprise Fund
1022919 19 SPOK,INC. Cell/Pager Plans IT Operating
268573 19 ADAMS CARL AR Utility Water Enterprise Fund
268283 19 TUCKER,TIKEIA Outreach Mileage/Parking 494 Corridor Commission
Check# Amount Supplier/Explanation Account Description Business Unit Comments
268653 18 ROSE PETE AR Utility Water Enterprise Fund
1022970 17 NASH MATT Mileage&Parking Tennis
268638 17 MIKA ADAM AR Utility Water Enterprise Fund
268576 16 BALDY KANAKA AR Utility Water Enterprise Fund
268618 16 HOOK SCOTT AR Utility Water Enterprise Fund
268635 16 MERGENS MICHAEL AR Utility Water Enterprise Fund
268593 16 BRIMMER TYLER AR Utility Water Enterprise Fund
268242 14 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating
268590 14 BORDEN JOHN AR Utility Water Enterprise Fund
1022952 14 UPS Postage Planning
268660 13 SMITH JEFFREY AR Utility Water Enterprise Fund
268614 13 HEMMERSBAUGH VERNA AR Utility Water Enterprise Fund
268675 13 WESSELS ASHLEI AR Utility Water Enterprise Fund
268424 13 BAUMANN,ANNE P&R Refunds Community Center Admin
268665 13 TERRES MARK AR Utility Water Enterprise Fund
268601 13 DEEP RAHUL AR Utility Water Enterprise Fund
268613 12 HAUBRICH&ASSOCIATES LLC AR Utility Water Enterprise Fund
268606 12 ENG CHARLES AR Utility Water Enterprise Fund
268642 12 MYERS JEAN AR Utility Water Enterprise Fund
268543 11 STATE OF MINNESOTA Licenses,Taxes,Fees Fleet Operating
1023081 11 BATTERIES PLUS Supplies-HVAC City Center-CAM
268644 10 NORTON LIND AR Utility Water Enterprise Fund
268673 10 WALSH JULIA AR Utility Water Enterprise Fund
268609 10 FIELD BARBARA AR Utility Water Enterprise Fund
268509 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods
268578 9 BAUHS CAMERON AR Utility Water Enterprise Fund
268188 9 DAY NICHOLE Outreach Mileage/Parking 494 Corridor Commission
268664 9 STEENSLAND MATTHEW AR Utility Water Enterprise Fund
268626 9 LARSON ROY AR Utility Water Enterprise Fund
268602 9 DORMAN JENNIFER AR Utility Water Enterprise Fund
268629 8 LLC KASH, AR Utility Water Enterprise Fund
268624 7 LAKE SOTHEBY'S INTL REALTY AR Utility Water Enterprise Fund
268657 7 SCHWARTZ JOHN AR Utility Water Enterprise Fund
268656 7 SCHWANTES TERRY AR Utility Water Enterprise Fund
268646 6 ODENS DONALD AR Utility Water Enterprise Fund
268597 6 CHEW WILLIAM AR Utility Water Enterprise Fund
268658 6 SCOTT AMY AR Utility Water Enterprise Fund
268577 5 BATEAU PROPERTIES LLC AR Utility Water Enterprise Fund
1023074 4 UPS Postage IT Operating
1023130 4 UPS Postage IT Operating
268444 2 COMCAST Other Contracted Services Police Sworn
5,941,036 Grand Total
City of Eden Prairie
Purchasing Card Payment Report
7/16/2019
Amount Account Description Business Unit
4,760 Building Surcharge General Fund
3,195 Prepaid Expenses General Fund
2,630 Other Contracted Services Police Sworn
1,902 Landscape Materials/Supp Street Maintenance
1,773 Deposits Escrow
1,490 Operating Supplies Fitness Center
1,380 Software/Hardware Maint. IT Operating
1,311 Operating Supplies Youth Programs Admin
1,112 Special Event Fees Senior Center Programs
1,044 Conference/Training Fire
890 Capital Under$25,000 Fitness Classes
858 Operating Supplies Tennis
824 Plumbing Surcharge General Fund
820 Repair&Maint. Supplies Facilities Capital
796 Equipment Parts Fleet Operating
720 Tuition Reimbursement/School Police Sworn
710 Autos Capital Maint.&Reinvestment
668 Tuition Reimbursement/School Police Sworn
645 Repair&Maint. Supplies City Hall(City Cost)
645 Repair&Maint. Supplies General Community Center
631 Training Supplies Fire
610 Awards Finance
594 Operating Supplies Police Sworn
586 Conference/Training City Clerk
580 Printing Arts Center
568 Fire Prevention Supplies Fire
560 Conference/Training City Council
557 Other Contracted Services Community Center Admin
549 Mechanical Surcharge General Fund
527 Licenses,Taxes,Fees Fitness Classes
520 Capital Under$25,000 Prairie Village Liquor Store
520 Capital Under$25,000 Prairie View Liquor Store
476 Conference/Training Engineering
425 Operating Supplies Police Sworn
413 Clothing&Uniforms Outdoor Center
409 Operating Supplies Pool Operations
405 Operating Supplies Police Sworn
404 Capital Under$25,000 Fitness Classes
381 Bank and Service Charges Den Road Liquor Store
375 Tuition Reimbursement/School Police Sworn
370 Capital Under$25,000 Den Road Liquor Store
355 Autos General Fixed Asset Account Gr
Amount Account Description Business Unit
350 Conference/Training City Clerk
342 Operating Supplies Pickleball
335 Capital Under$25,000 Fitness Classes
335 Capital Under$25,000 Fitness Center
331 Operating Supplies Pool Lessons
330 Work In Progress General Fixed Asset Account Gr
325 Licenses,Taxes,Fees Theatre Initiative
321 Operating Supplies Fitness Admin.
315 Miscellaneous Administration
310 Operating Supplies Police Sworn
307 Travel Expense Utility Operations-General
307 Travel Expense Utility Operations-General
305 Tuition Reimbursement/School Police Sworn
304 Operating Supplies Hidden Ponds Park
295 Miscellaneous City Council
279 Training Supplies Police Sworn
275 Operating Supplies Youth Programs Admin
271 Tuition Reimbursement/School Police Sworn
269 Operating Supplies Community Center Admin
262 Miscellaneous City Council
259 Other Contracted Services Senior Center Admin
258 Operating Supplies Tennis
255 Operating Supplies July 4th Celebration
255 Operating Supplies Police Sworn
254 Operating Supplies Round Lake Beach
253 Operating Supplies Theatre Initiative
245 Training Supplies Police Sworn
243 Operating Supplies July 4th Celebration
242 Safety Supplies Utility Operations-General
241 Operating Supplies Fire
240 Conference/Training Pool Operations
238 Bank and Service Charges Prairie View Liquor Store
236 Miscellaneous Administration
235 Conference/Training Engineering
234 Training Supplies Police Sworn
230 Capital Under$25,000 Outdoor Center
229 Operating Supplies Tennis
223 Operating Supplies July 4th Celebration
220 Miscellaneous Administration
220 Repair&Maint. Supplies Water Treatment
216 Training Supplies Police Sworn
215 Clothing&Uniforms Police Sworn
214 Operating Supplies Tennis
211 Operating Supplies Tree Disease
210 Training Supplies Police Sworn
208 Computers IT Operating
Amount Account Description Business Unit
207 Landscape Materials/Supp Capital Maint.&Reinvestment
206 Operating Supplies Fitness Admin.
195 Operating Supplies Youth Programs Admin
194 Operating Supplies Fire
190 Awards Communications
188 Operating Supplies Police Sworn
181 Miscellaneous Administration
180 Conference/Training Youth Programs Admin
180 Conference/Training Youth Programs Admin
180 Repair&Maint. Supplies Facilities Capital
180 Repair&Maint. Supplies Water Treatment
179 Tuition Reimbursement/School Police Sworn
176 Bank and Service Charges Prairie Village Liquor Store
173 Operating Supplies Pool Operations
173 Operating Supplies Youth Programs Admin
172 Operating Supplies Youth Programs Admin
172 Operating Supplies Park Facilities
171 Landscape Materials/Supp Street Maintenance
170 Dues&Subscriptions Tree Disease
170 Deposits Escrow
167 Special Event Fees Senior Center Programs
165 Licenses,Taxes,Fees Concessions
162 Operating Supplies Stormwater Non-Capital
154 Autos Capital Maint.&Reinvestment
153 Operating Supplies Pool Lessons
152 Landscape Materials/Supp Water Treatment
150 Operating Supplies Playgrounds
150 Conference/Training Youth Programs Admin
150 Conference/Training Youth Programs Admin
150 Clothing&Uniforms Pool Lessons
145 Clothing&Uniforms Special Events Admin
144 Merchandise for Resale Concessions
141 Operating Supplies Outdoor Center
139 Operating Supplies Pool Lessons
134 Operating Supplies Police Sworn
131 Capital Under$25,000 Fitness Center
131 Operating Supplies Specialty Fitness Programs
130 Autos General Fixed Asset Account Gr
130 Operating Supplies Outdoor Center
129 Repair&Maint. Supplies Richard T.Anderson Cons.Area
129 Merchandise for Resale Concessions
128 Operating Supplies IT Operating
127 Miscellaneous IT Operating
125 Awards Communications
125 Clothing&Uniforms Park Maintenance
121 Operating Supplies Park Maintenance
Amount Account Description Business Unit
121 Capital Under$25,000 Fitness Center
120 Conference/Training Pool Operations
120 Software/Hardware Maint. IT Operating
120 Operating Supplies Arts Center
119 Clothing&Uniforms Pool Operations
113 Operating Supplies Tree Disease
111 Landscape Materials/Supp Capital Maint.&Reinvestment
111 Operating Supplies Summer Theatre
110 Repair&Maint. Supplies Utility Operations-General
109 Operating Supplies Youth Programs Admin
109 Equipment Parts Fleet Operating
106 Deposits Escrow
106 Equipment Repair&Maint Park Maintenance
106 Office Supplies Police Sworn
106 Clothing&Uniforms Tree Disease
102 Operating Supplies Tennis
102 Operating Supplies Park Maintenance
101 Operating Supplies Tree Disease
100 Operating Supplies Senior Center Programs
100 Advertising Arts in the Park
100 Other Contracted Services Special Events&Trips
100 Licenses,Taxes,Fees Fitness Classes
100 Equipment Testing/Cert. Fleet Operating
100 Operating Supplies Arts Center
100 Operating Supplies IT Operating
100 Operating Supplies Youth Programs Admin
99 Operating Supplies Tennis
98 Conference/Training Senior Center Admin
98 Autos Capital Maint.&Reinvestment
98 Operating Supplies Ice Operations
97 Small Tools Street Maintenance
96 Building Materials Park Maintenance
94 Operating Supplies Outdoor Center
94 Dues&Subscriptions Planning
94 Clothing&Uniforms Softball
93 Operating Supplies Youth Programs Admin
91 Office Supplies Police Sworn
90 Tuition Reimbursement/School Fitness Classes
90 Process Control Equipment IT Operating
90 Operating Supplies Pool Operations
89 Clothing&Uniforms Police Sworn
87 Operating Supplies Ice Operations
86 Operating Supplies Park Maintenance
85 Training Supplies Police Sworn
84 Operating Supplies IT Operating
84 Operating Supplies Pickleball
Amount Account Description Business Unit
81 Merchandise for Resale Concessions
80 Dues&Subscriptions Communications
80 Training Supplies Fire
79 Operating Supplies Youth Programs Admin
75 Operating Supplies Gymnasium(CC)
72 Tuition Reimbursement/School Police Sworn
71 Operating Supplies Police Sworn
71 Operating Supplies Day Care
71 Operating Supplies Outdoor Center
70 Travel Expense Fire
70 Operating Supplies Youth Programs Admin
70 Operating Supplies Pool Operations
70 Operating Supplies Youth Programs Admin
69 Small Tools Traffic Signals
68 Autos Capital Maint.&Reinvestment
67 Equipment Parts Water Treatment
67 Travel Expense Fire
66 Protective Clothing Fire
66 Operating Supplies Pool Lessons
65 Operating Supplies Community Center Admin
65 Training Supplies Fitness Classes
65 Training Supplies Police Sworn
65 Clothing&Uniforms Outdoor Center
65 Operating Supplies Police Sworn
64 Chemicals Park Maintenance
63 Training Supplies Police Sworn
63 Operating Supplies Arts Center
63 Operating Supplies Outdoor Center
63 Operating Supplies Den Road Liquor Store
60 Conference/Training City Council
60 Conference/Training City Council
60 Travel Expense Concessions
60 Tuition Reimbursement/School Fitness Classes
59 Operating Supplies Riley Lake
59 Equipment Repair&Maint Outdoor Center
57 Operating Supplies Outdoor Center
57 Merchandise for Resale Concessions
56 Operating Supplies Park Maintenance
55 Operating Supplies Park Maintenance
55 Clothing&Uniforms Community Center Admin
54 Operating Supplies Police Sworn
54 Office Supplies Police Sworn
54 Equipment Repair&Maint Senior Center Programs
54 Miscellaneous Administration
53 Operating Supplies Inclusion
53 Merchandise for Resale Concessions
Amount Account Description Business Unit
52 Operating Supplies Winter Theatre
51 Deposits Escrow
51 Training Supplies Fire
50 Operating Supplies Volunteers
50 Repair&Maint. Supplies Utility Operations-General
50 Clothing&Uniforms Senior Center Admin
50 Repair&Maint. Supplies Facilities Capital
50 Office Supplies Police Sworn
49 Merchandise for Resale Concessions
48 Repair&Maint. Supplies Water Metering
48 Operating Supplies IT Operating
48 Operating Supplies Housing and Community Service
48 Operating Supplies IT Operating
48 Training Supplies Police Sworn
48 Merchandise for Resale Concessions
47 Operating Supplies Outdoor Center
47 Operating Supplies Pool Operations
46 Travel Expense Fire
45 Operating Supplies IT Operating
45 Merchandise for Resale Concessions
44 Operating Supplies Park Maintenance
44 Operating Supplies Tennis
44 Operating Supplies Outdoor Center
44 Operating Supplies Pickleball
43 Operating Supplies Park Maintenance
42 Operating Supplies Community Center Admin
42 Operating Supplies Prairie View Liquor Store
42 Operating Supplies Tree Disease
42 Merchandise for Resale Concessions
42 Equipment Repair&Maint Public Safety Communications
41 Operating Supplies Fire
41 Tuition Reimbursement/School Police Sworn
40 Office Supplies Park Maintenance
40 Merchandise for Resale Concessions
39 Other Contracted Services Emergency Management
39 Employee Award Organizational Services
39 Software/Hardware Maint. IT Capital
39 Clothing&Uniforms Senior Center Admin
39 Clothing&Uniforms Youth Programs Admin
39 Operating Supplies Prairie Village Liquor Store
38 Operating Supplies Housing and Community Service
38 Landscape Materials/Supp Capital Maint.&Reinvestment
38 Operating Supplies Fitness Classes
38 Operating Supplies Arts Center
37 Operating Supplies Arts Center
36 Operating Supplies Community Center Admin
Amount Account Description Business Unit
36 Fire Prevention Supplies Fire
36 Operating Supplies IT Operating
36 Operating Supplies Senior Board
36 Operating Supplies Community Center Admin
35 Repair&Maint. Supplies Utility Operations-General
35 Training Supplies Community Center Admin
35 Operating Supplies Day Care
33 Equipment Repair&Maint Park Maintenance
33 Repair&Maint. Supplies Utility Operations-General
33 Operating Supplies Outdoor Center
32 Operating Supplies Inclusion
31 Operating Supplies Arts Center
30 Training Supplies Police Sworn
30 Training Supplies Police Sworn
30 Training Supplies Police Sworn
30 Conference/Training Community Center Admin
30 Conference/Training Youth Programs Admin
30 Conference/Training Day Care
30 Tuition Reimbursement/School Fitness Classes
30 Conference/Training Community Center Admin
30 Travel Expense Ice Operations
30 Conference/Training Day Care
30 Advertising Special Initiatives
30 Operating Supplies Youth Programs Admin
30 Operating Supplies Arts Center
30 Operating Supplies Outdoor Center
30 Operating Supplies Fitness Classes
29 Equipment Repair&Maint Outdoor Center
29 Operating Supplies Day Care
28 Operating Supplies New Adaptive
28 Office Supplies Fire
27 Operating Supplies Park Maintenance
27 Tuition Reimbursement/School Police Sworn
26 Merchandise for Resale Concessions
26 Clothing&Uniforms Summer Theatre
26 Operating Supplies Pool Lessons
26 Miscellaneous Administration
26 Merchandise for Resale Concessions
25 Tuition Reimbursement/School Police Sworn
25 Clothing&Uniforms Volleyball
25 Clothing&Uniforms Volleyball
25 Office Supplies Police Sworn
25 Repair&Maint. Supplies Water Metering
24 Merchandise for Resale Concessions
24 Merchandise for Resale Concessions
24 Equipment Repair&Maint Senior Center Programs
Amount Account Description Business Unit
23 Operating Supplies Volunteers
23 Operating Supplies New Adaptive
23 Operating Supplies Community Center Admin
23 Operating Supplies Parks Administration
23 Clothing&Uniforms Police Sworn
22 Operating Supplies Tennis
22 Advertising Den Road Liquor Store
22 Advertising Prairie View Liquor Store
22 Advertising Prairie Village Liquor Store
22 Operating Supplies Outdoor Center
21 Office Supplies Park Maintenance
21 Cleaning Supplies Utility Operations-General
21 Merchandise for Resale Concessions
20 Small Tools Traffic Signals
20 Mileage&Parking Economic Development
20 Conference/Training Fitness Admin.
20 Conference/Training Community Center Admin
20 Operating Supplies Outdoor Center
20 Software/Hardware Maint. IT Operating
20 Postage Utility Operations-General
19 Employee Award Organizational Services
19 Employee Award Organizational Services
19 Operating Supplies Police Sworn
19 Operating Supplies Community Center Admin
19 Operating Supplies Senior Center Admin
19 Operating Supplies Outdoor Center
18 Equipment Parts Fleet Operating
18 Operating Supplies Police Sworn
18 Operating Supplies Purgatory Creek Park
18 Merchandise for Resale Concessions
18 Operating Supplies Wine Club/Events
18 Operating Supplies Outdoor Center
18 Operating Supplies Youth Programs Admin
17 Licenses,Taxes,Fees Ice Lessons
17 Merchandise for Resale Concessions
17 Employee Award Organizational Services
17 Operating Supplies Community Center Admin
17 Other Contracted Services Senior Center Admin
16 Operating Supplies Pool Operations
16 Merchandise for Resale Concessions
16 Small Tools Water Distribution
15 Merchandise for Resale Concessions
15 Miscellaneous Administration
15 Small Tools General Community Center
14 Operating Supplies Volunteers
14 Miscellaneous Administration
Amount Account Description Business Unit
14 Office Supplies Police Sworn
14 Operating Supplies Den Road Liquor Store
14 Operating Supplies Prairie View Liquor Store
13 Landscape Materials/Supp Water Treatment
13 Deposits Escrow
13 Merchandise for Resale Concessions
13 Operating Supplies Tennis
13 Training Supplies Police Sworn
13 Operating Supplies Gymnasium(CC)
12 Operating Supplies Day Care
12 Operating Supplies Softball
11 Operating Supplies Park Maintenance
11 Office Supplies Fire
10 Operating Supplies Playgrounds
10 Operating Supplies Arts Center
10 Fire Prevention Supplies Fire
10 Fire Prevention Supplies Fire
10 Operating Supplies Police Sworn
10 Operating Supplies IT Operating
10 Repair&Maint. Supplies Water Distribution
9 Miscellaneous City Council
9 Equipment Repair&Maint Park Maintenance
9 Training Supplies Community Center Admin
9 Operating Supplies Arts in the Park
9 Operating Supplies Park Maintenance
9 Operating Supplies Arts in the Park
8 Merchandise for Resale Concessions
8 Operating Supplies Stormwater Non-Capital
8 Repair&Maint. Supplies Water Distribution
8 Operating Supplies IT Operating
8 Merchandise for Resale Concessions
8 Equipment Parts Community Center Admin
7 Operating Supplies Parks Administration
7 Equipment Repair&Maint Public Safety Communications
6 Operating Supplies Den Road Liquor Store
6 Operating Supplies Senior Center Programs
6 Operating Supplies Community Center Admin
5 Operating Supplies Arts Center
5 Operating Supplies Outdoor Center
5 Mileage&Parking Economic Development
5 Licenses,Taxes,Fees Fleet Operating
4 Janitor Service Utility Operations-General
4 Janitor Service Utility Operations-General
4 Operating Supplies Prairie Village Liquor Store
4 Operating Supplies Fire
3 Small Tools General Community Center
Amount Account Description Business Unit
3 Other Contracted Services Senior Center Admin
3 Bank and Service Charges Customer Service
3 Mileage&Parking Police Sworn
2 Chemicals Park Maintenance
2 Tuition Reimbursement/School Police Sworn
1 Tuition Reimbursement/School Police Sworn
1 Equipment Parts Fleet Operating
0 Operating Supplies Arts Center
-6 Operating Supplies Fitness Center
-10 Deposits Escrow
-13 Deposits Escrow
-30 Miscellaneous Administration
-31 Operating Supplies Arts Center
-93 Miscellaneous IT Operating
-119 Dues&Subscriptions Police Sworn
-123 Other Revenue General Fund
-206 Operating Supplies Fitness Admin.
-220 Repair&Maint. Supplies Water Treatment
-241 Deposits Escrow
-3,584 Other Revenue General Fund
66,122
CITY COUNCIL AGENDA DATE:
SECTION: Report of Community Development Director July 16, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Community Development/Planning Oak Point Elementary School XIV.C.
Parking Lot Addition
Janet Jeremiah/Beth Novak-Krebs
Requested Action
Move to:
• Authorize the issuance of an early Land Alteration Permit for the Oak Point Elementary
School at the request of the Developer.
Synopsis
The applicant is proposing to construct additional parking at Oak Point Elementary School. The
property is located at 13400 Staring Lake Parkway at the intersection of Anderson Lakes
Parkway and Staring Lake Parkway. The 23.05-acre property includes the school, parking, ball
fields and playground areas. The new 85-stall parking lot is proposed west of the lower parking
lot south of the school. The proposed project also includes construction of a stormwater basin
west of the new parking lot, code compliant landscape islands in the parking lot and landscape
screening on the south side of the parking lot to provide screening from Staring Lake Parkway.
The proposed parking lot is primarily for staff parking and there is an existing sidewalk
providing pedestrian access to the school.
The applicant is only a requesting an early Land Alteration Permit at this time to keep the project
moving forward so the improvements can be completed early in the school year. If the early
Land Alteration Permit is authorized, any work completed by the applicant is at their own risk.
The public hearing for the consideration of approval of the Site Plan will be held on August 13.
Background
At the July 8, 2019 Planning Commission meeting, a variance from the Shoreland Code was
granted to allow greater than 30% of the site as impervious surface. With proximity to the
creek, the property is located in the Shoreland Overlay Zone. Properties within the Shoreland
are limited to 30% impervious surface coverage. The impervious coverage on the site is
currently 36.4%. Since the school and subsequent additions occurred prior to the adoption of
the Shoreland Code, the site is non-conforming. The addition of the parking lot will add
24,050 square feet of impervious surface. This increases the total impervious coverage on the
site to 38.74%.
The School District owns the lot containing the school and also owns a 7.96 acre lot to the
west of the school with the creek running through it. If the School District were to combine
the lots, the impervious surface coverage would be 28.78%.
The Planning Commission granted the variance based on the findings that it is in harmony
with intent and general purposes of the ordinance and the nature of the variance requested are
consistent with the comprehensive guide plan.
Planning Commission Recommendation
On July 8, the Planning Commission held a public hearing for the project. There was no public
testimony given at the meeting. The unapproved minutes were not available at the time of the
packet preparation. The Planning Commission voted 7-0 to recommend approval of the Site
Plan.
Attachments
1. Staff Report
2. Land Use Map
3. Zoning Map
4. Aerial photo
STAFF REPORT
TO: Planning Commission
FROM: Beth Novak-Krebs, Senior Planner
DATE: July 2, 2019
SUBJECT: Oak Point Elementary School Parking Lot
LOCATION: 13400 Staring Lake Parkway
APPLICANT: Anderson-Johnson Associates, Inc.
OWNER: Eden Prairie Schools
120-REVIEW September 6, 2019
REQUEST: • Variance from Shoreland Code to allow impervious surface to exceed the
City Code requirement of 30%.
• Site Plan Review on 23.05 acres
BACKGROUND
The applicant is requesting approval of a r „,, a , . .,a
variance and a site plan to build additional `� -
parking at Oak Point Elementary School. tit . . '1 ms
e ::
The property is located at 13400 Staring s:", p_ �_. . 1
Lake Parkway at the intersection of s" . =, �
Anderson Lakes Parkway and Staring Lake 40,14, Air
Parkway. The 23.05-acre property includes
the school, parking, balls fields and `
playground areas. SITE
Purgatory Creek runs along the west side of ,a9,a 'IS-is.a "'
the property through a separate lot owned by - A
it
the school district. The creek corridor and _ *`®% . ,i%, '� ^--
the west side of the school property is . "�
heavily wooded. Residential uses are
q' s•IF4ilY @. @,
..
located beyond the creek and the streets that ; Z
bound the school property. soj:.. EpKM �" yR
The property is currentlyguided Public/Semi
p p Y ,;;E / "
Public. The property is currently zoned 114f1�1 ,'
Staff Report—Oak Point Elementary School
Page 2
Public. The school and associated improvements (i.e. parking lots, playgrounds, ball fields) are
consistent with zoning.
With proximity to the creek,the property is located in the Shoreland Overlay Zone.Properties within
the Shoreland are limited to 30%impervious surface coverage. The current impervious coverage on
the site is 36.4%. Since the school and subsequent additions occurred prior to the adoption of the
Shoreland Code, the site is non-conforming. The proposed addition of the parking lot will add
24,050 square feet of impervious surface. This increases the total impervious coverage on the site
after the addition of the parking to 38.74% for the 23.05 acre lot. The applicant is requesting a
variance to exceed 30%. The School District also owns a 7.96 acre lot just to the west of the school
property. If the School District combined the two lots, the percent impervious surface would be
28.78% and conform.
VARIANCE REVIEW—Variance Request#2018-02
"Practical difficulties" is a legal standard set forth in law that cities must apply when considering
applications for variances. It is a three-factor test and applies to all requests for variances. To
constitute practical difficulties, all three factors of the test must be satisfied. The three practical
difficulties include reasonableness; uniqueness; and essential character of the neighborhood is
maintained.
Reasonable use of the property- The first factor is the property owner proposes to use the
property in a reasonable manner. This factor means that the landowner would like to use the
property in a particular reasonable way, but cannot do so under the rules of the ordinance. The
landowner proposes to use the property in a manner consistent with the existing land use. The
proposed use is consistent with the underlying Comprehensive Guide Plan and underlying
zoning. It is reasonable to add parking to a school site. The applicant is also proposing
stormwater management for the site.
Unique circumstances - The second factor is that the landowner's problem is due to
circumstances unique to the property not caused by the landowner. The site already exceeds the
maximum 30% impervious coverage. The school and all of the subsequent building additions
occurred prior to the adoption of the Shoreland Code in 1996. Although this project adds
impervious surface, the variance would address the existing and proposed impervious coverage
of the site. If the applicant combined the school property and the lot with the creek running
through it, the percent impervious would be conforming at 28.78%.
Essential character of neighborhood- The third factor is that the variance, if granted, will not
alter the essential character of the locality. Under this factor, consider whether the resulting
structure will be out of scale, out of place, or otherwise inconsistent with the surrounding area.
The proposed parking lot will not alter the essential character of the area. The site has existing
parking lots, which are common elements of a school property. The proposed parking lot is not
2
Staff Report—Oak Point Elementary School
Page 3
visible from Anderson Lakes Parkway and the applicant is proposing landscape plantings to
screen it from Staring Lake Parkway.
SITE PLAN
In 1993, a Site Plan was approved for the site when the School District constructed a pool addition
onto the building.This site plan would be an amendment of the already approved site plan to add the
proposed parking lot.
The school building runs generally
north and south on the site. The
BUS DROP-OFF?PICK-UP
site is higher in elevation along CIRCULATION
Anderson Lakes Parkway and drops SUPPORTS STAFF AND
VISITOR PARKING
off toward the back of the property. '_- \
Therefore, there is an upper and I p
lower parking lot. The bus drop off , YY
and pick-up is in the upper parking
N
lot, which is on the east side of the ELIMINATE oak,, ie,. E„sa , a,cnoch
school. The u er arkin lot PARALLEL STALLS
pp p g ON EXIT DRIVE � e
supports visitors, volunteers and NEW SOUTHWEST -
some staff. parent drop off and PARKING LOT WILL '� : - '
GENERALLY \ I'
parking is in the lower parking lot SUPPORT STAFF 'OPOSED-, I '
p g p g PARKING;BETTER - '
which is on the south side of the ACCESSIBLE PARKINC LOT 4
ROUTE TO DOOR
school. The proposed new parking
r
p p p g 1 - \ 1/1-
lot includes 85 parking stalls and it , ,�.
is located to the west of the lower - --r
parking lot. The new parking lot =' i- :J~_ • A
will primarily support staff parking. _ - i /�
There will be two entrances to the `
0
new parking lot from the drive used , STUDENT DROP-OFF
for circulation for parent drop off '` CIRCULATION
I R UL}ION(RED
Primarily staff will be parked
T
before parent drop off begins. The
parking lot includes code compliant parking lot islands and landscaping within the islands.
LANDSCAPE PLAN
The proposal includes parking lot islands with canopy trees and shrubs in compliance with City
Code. In addition,the plan includes proposed canopy trees along the perimeter of the parking lot and
a mix of evergreen trees and shrubs along the south side of the parking lot to screen it from Staring
Lake Parkway. No tree replacement is required for this project.
3
Staff Report—Oak Point Elementary School
Page 4
SIDEWALKS
There is currently a sidewalk along the west side of the drive that provides access to the new parking
lot. The current sidewalk extends from the public sidewalk along Staring Lake Parkway to the
playground and building entrance.The sidewalk sections will be replaced where the entrances to the
new parking lot cross the sidewalk.
DRAINAGE
The applicant is proposing a stormwater basin along the west side of the proposed parking lot.
The stormwater management basin is designed to handle runoff from the new parking lot. The
applicant is working with the Riley Purgatory Creek Watershed District to obtain a permit.
LIGHTING
The proposal include four pole lights in the parking lot. The proposed lights will include LED bulbs
and the plan is code compliant.
STAFF RECOMMENDATION
The granting of the variance is in harmony with intent and general purposes of the ordinance and
the nature of the variance requested are consistent with the comprehensive guide plan.
• Recommend approval of Variance Final Order#2018-02 subject to plans stamp dated
June 28, 2019 and contingent upon Site Plan approval.
• Recommend approval of the Site Plan Review on 23.05 acres contingent upon approval of
the requested Variance Final Order#2018-02.
This is based on plans stamp dated June 28, 2019, staff report dated July 2, 2019 and the
following conditions:
1. Prior to land alteration permit issuance, the applicant shall:
A. Submit detailed storm water runoff, wetland,utility, street and erosion control
plans for review and approval by the City Engineer.
B. Submit a landscape letter of credit, or escrow surety equivalent to 150% of the
cost of the landscaping.
C. Obtain and provide documentation of Watershed District approval.
D. Notify the City and Watershed District 48 hours in advance of grading.
E. Install erosion control at the grading limits of the property for review and approval
by the City.
F. Submit a Conservation Easement over the creek, wetland and wetland buffer on
the school property for review and approval by the City.
4
Guide Plan Map: Oak Point Elementary School
Address:13400 StaringLake Pkwy
Eden Prairie, Minnesota 55347
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City of Eden Prairie Land Use Guide
Plan Map 2000-2030
Rural Residential 0.10 Units/Acre Neighborhood Commercial N
Low Density Residential 0-2.5 Units/Acre ni Community Commercial Streams
17.7 Low Density/Public/Open Space - Regional Commercial Principal Arterial
-A Minor Arterial
- Medium Density residential 2.5-10 Units/Acre1222 Town Center i
—B Minor Arterial � 11'.'t
DATE Approved 03-19-03 DATE Revised 12-06-06
n Medium Density Residential/Office - Park/Open Space -Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07
DATE Revised 11-07-05 DATE Revised 06-01-07 E D E N
IHigh Density Residential 10-40 Units/Acre Public/Quasi-Public - DATE Revised 02-23-06 DATE Revised 10-01-07
Minor Collector DATE Revised 03-23-06 DATE Revised 03-01-08
nAirport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09
Office - Church/Cemetary PRAIRIE
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Zoning Map: Oak Point Elementary School
Address: 13400 Staring Lake Pkwy
Eden Prairie, MN 55347
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=Rural -Regional Commercial Shoreland Management Classifications N
R1-44 One Family-44,000 sf.min. -TC-C I NE I Natural Environment Waters
R1-22 One Family-22,000 sf min. -TC-R I RD I Recreational Development Waters
R1-13.5 One Family-13,500 sf min. MITC-MU I GD I General Development Waters(Creeks Only) ''I - r I,!. 11
R1-9.5 One Family-9,500 sf min. 1.1 Industrial Park-2Acre Min, ® 100- Year Floodplain EDEN
RM-6.5 Multi-Family-6.7 U.P.A.max. Industrial Park-5Acre Min.
-RM-2.5 Multi-Family-17.4 U.P.A.max. -General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008
Office Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE
Neighborhood Commercial 1-1 GolfCourse Date:March 1,2009
Community Commercial Water m oa:e of a�:orevenoy re�xrea ro x zom�9 oiaanmxnon on n�::omny maP,na ommanoe LIVE•WORK•DREAM
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Aerial Map: Oak Point Elementary School
Address:13400 Staring Lake Pkwy
Eden Prairie, Minnesota 55347
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