HomeMy WebLinkAboutCity Council - 09/17/2002AGENDA
EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM
TUESDAY, SEPTEMBER 17, 2002 CITY CENTER
5:00 - 6:25 PM, HERITAGE ROOM II
6:30 — 7:00 PM, COUNCIL CHAMBER
CITY COUNCIL:
Mayor Nancy Tyra -Lukens, Councilmembers Sherry Butcher, Ron Case, David Luse and
Jan Mosman
CITY STAFF:
City Manager Scott Neal, Public Safety Director Jim Clark, Public Works Services Director
Eugene Dietz, Director of Parks and Recreation Services Bob Lambert, Community Development
and Financial Services Director Don Uram, City Attorney Ric Rosow, and Recorder Lorene
McWaters
Heritage Room H
I. CALL MEETING TO ORDER
II. APPROVAL OF AGENDA
III. PROPOSED SMOKING ORDINANCE
IV. OTHER TOPICS
Council Chamber
V. OPEN FORUM (Scheduled participants, 6:30-6:50 p.m.)
A. PAUL WENDORFF — SMOKING ORDINANCE
B. TOM DAY — MINNESOTA RESTAURANT ASSOCIATION
C. GARY CHENEN — OUTBACK STEAKHOUSE
VI. OPEN PODIUM (Unscheduled participants, 6:50-7:00 p.m.)
VII. ADJOURNMENT
f�&e i vP4 aJ- M- k'; j _ q i-i /0 a,
A REQUEST FOR A CITIZEN'S TASK FORCE
TO INVESTIGATE THE CONDUCT OF
THE EDEN PRAIRIE CITY COUNCIL
REGARDING THE PROPOSED
SMOKING BAN ORDINANCE
Submitted By:
Paul Wendorlf
Eden Prairie, Minnesota
September 17, 2002
REQUEST FOR A CITIZEN'S TASK FORCE
Sections 2.22 and 2.89 of the Eden Prairie City Code allow for the appointment of a citizen's
task force to study and report on various subjects and matters. Pursuant to Sections 2.22 and 2.89 of
the City Code, a formal request is made to the Eden Prairie City Council to appoint a task force
comprised of Eden Prairie citizen's to investigate the ethical and moral conduct ofthe Eden Prairie
City Council in response to (1) illegal and improper lobbying of city council members by the
American Cancer Society, Clean Air on the Prairie, Minnesota Smoke -Free Coalition and others to
support the adoption of a local smoking ban ordinance; (2) the unilateral action of one or more city
council members to forego the appointment of a task force to study a smoking without proper and
formal city council approval; and (3) non-fmancial conflicts of interest of certain city council
members regarding a local smoking ban ordinance.
This request for the appointment of a citizen's task force is not made to determine whether
one or more Eden Prairie City Council Members have received or would receive some form of
financial benefit or financial gain if a smoking ban ordinance were adopted. Rather, the questions of
ethical and moral conduct that need to be investigated are whether the city council has acted
responsibly and done the right thing given the revelations about the illegal and improper use of
MPAAT money to lobby and exert influence on the city council to adopt a smoking ban ordinance,
the possible action by one or more council members to subvert the council's formal decision on
April 16, 2002 to form a task force and the individual conflicts of interest of certain council members
relative to their position regarding the proposed smoking ban ordinance.
FACTUAL BASIS FOR APPOINTMENT OF A TASK FORCE
The Creation of the Minnesota Partnership for Action Against Tobacco
On May 8, 1998, the Ramsey County District Court issued an order accepting a lawsuit
settlement agreement between the State of Minnesota and cigarette manufacturers that, in part,
created and funded a non-profit organization with the sum of $202 million dollars to assist individual
smokers in the state quit smoking and to conduct research on tobacco -related health issues (See
Exhibit A). This organization is called the Minnesota Partnership for Action Against Tobacco
(MPAAT). The court order did not allow these funds to be used to lobby city councils to enact
smoking ban ordinance.
The Lobbying by the American Cancer Society
On August 4, 2000, MPAAT entered into a Grant Agreement with the American Cancer
Society, Midwest Division (ACS) for the sum of $199,530.00 (See Exhibit B). The main purpose of
the ACS grant as stated in the Grant Agreement was to recruit citizens and create community -based
coalitions in two cities in Hennepin County (Eden Prairie and St. Louis Park) and then lobby city
council members to adopt a smoking ban ordinance. According to the Grant Agreement, ACS
would: (1) produce a political analysis of the targeted cities; (2) provide a full media campaign; (3)
conduct public opinion polls; (4) conduct public forums and build support for an ordinance; (5)
provide copies of ordinances to decision -making bodies; and (6) print brochures, ads and educational
materials for distribution to citizens and businesses.
The ACS proceeded to create the Clean Air on the Prairie group and named Leslie Ellis, the
husband of former Mayor Jean Harris, as the group's chairperson. The ACS has paid for lobbying
expenses incurred by Clean Air on the Prairie as stated by American Cancer Society Ordinance
Coordinator Isis Stark in a story that appeared in the July 11, 2002 Eden Prairie News (See Exhibit
Q. The ACS paid for the printing of several different brochures with one being inserted into the
Eden Prairie News newspaper and another brochure being mailed to Eden Prairie residents (See
Exhibit D). In addition, ACS representatives have personally lobbied city council members in
private meetings and also appeared before the Eden Prairie City Council and testified in support of
the ordinance. Finally, Isis Stark of ACS has registered as a metropolitan government lobbyist for
ACS by filing lobbyist registration documents with the Minnesota Campaign Finances & Public
Disclosure Board (See Exhibit E).
The Lobbying by the Minnesota Smoke -Free Coalition
On August 1, 2000, MPAAT entered into a Grant Agreement with the Minnesota Smoke -
Free Coalition (SFC) for the sum of $592,050.00 (See Exhibit F). The main purpose of the SFC
grant as stated in the Grant Agreement was to (1) recruit strategic partners to assist in lobbying for
local smoking bans; (2) train local citizens how to lobby to ensure the successful passage of
ordinances; (3) produce reports on local community readiness for adopting a smoking ban; and (4)
develop public awareness messages to support lobbying campaigns.
In Eden Prairie, the SFC published Action Alerts on its website urging calls to city council
members for securing the votes and asking for volunteers to operate phone banks, drop off literature
door-to-door and attend the Eden Prairie City Council meetings (See Exhibit G). In addition, Jeremy
Hanson, the SFC Advocacy Director paid with MPAAT funds through the Grant Agreement, has
attended more than one Eden Prairie City Council meeting when the smoking ban ordinance has
been on the agenda.
The Court Decision on the Illegal Use of MPAAT Funds for Lobbying
As a result of a court action brought by Minnesota Attorney General Mike Hatch to divest
MPAAT of its authority to administer the $202 million dollars in tobacco settlement fluids, the
Ramsey County District Court issued an order on June 26, 2002 which held that the grants made by
MPAAT to fund smoking ban lobbying efforts were without legal or factual justification (See
Exhibit H). The court order specifically listed the MPAAT grants made to ACS and SFC as being
among those grants in which the funds were awarded and subsequently used to illegally lobby for the
adoption of local smoking bans. The court required MPAAT to submit anew plan to use the tobacco
settlement funds for their intended purpose of assisting smokers to quit smoking and to cease
funding anti -smoking organizations to lobby for smoking bans.
The MPAAT Plan: No More Grants For Smoking Bans
On September 11, 2002, MPAAT released a new plan for approval by the court to award
grants to assist individuals who desire to stop smoking and cease any further funding of anti-
smoking groups to lobby for local smoking ban ordinances (See Exhibit 1). The new plan by
MPAAT is an implicit admission that it was improperly awarding grants for lobbying purposes when
the original court order creating MPAAT did not authorize the use of MPAAT funds for such a
purpose. The enclosed chart details the flow of MPAAT money to ACS and SFC for illegal local
lobbying efforts in Eden Prairie (See Exhibit J).
The Actions of the Eden Prairie City Council from April 16 to May 21, 2002
The Eden Prairie City Council officially began considering a smoking ban ordinance at the
April 16, 2002 city council meeting. The following is a chronological listing of the actions taken by
the Eden Prairie City Council regarding the smoking ban ordinance:
April 16, 2002 City Council Meeting: A presentation was made by Leslie Ellis,
chairperson of Clean Air on the Prairie, urging the city council to adopt a smoking ban
ordinance. The city council adopted on a 4-1 vote a motion to draft a charter statement and
determine a structure for a task force to study the issue of a smoking ban ordinance and
report back to the council. The city council was informed by Carl Jullie that the charter
statement and task force structure would be ready for further council consideration at the
May 21, 2002 council meeting.
May 7, 2002 Workshop Meeting: Council Member Case suggests that a task force may
not be necessary since all council members agree that some kind of ordinance is in order.
Council Members Butcher and Mosman believe a task force with public input should be
pursued.
May 21, 2002 Workshop Meeting: City Attorney Ric Rosow reviewed a draft of a local
smoking ban ordinance with the council members. Mayor Tyra -Lukens stated that she was
hesitant about appointing a task force to study an ordinance. Council Member Luse
questioned why an ordinance was drafted when a task force was supposed to be formed.
Council Member Butcher was concerned why an ordinance had been drafted when the
council voted in April to form a task force. City Attorney Rosow said he met with Carl Jullie
and they agreed to present the council with a draft ordinance rather than proceed with a task
force.
May 21, 2002 City Council Meeting: A presentation was made to the council by
representatives of six restaurants and one restaurant trade association in opposition to the
smoking ban ordinance. Council Member Case made a motion to instruct staff to determine
a date for a public meeting to obtain input on the smoking ban ordinance and to develop a
procedure for how the public meeting will proceed. Mayor Tyra -Lukens referred to the
sample ordinance on the city's website as a framework to obtain comments from citizens.
The motion passed on a 4-1 vote.
Applicable sections of the minutes referenced above are attached as Exhibit l-
The Conflicts of Interest of Certain City Council Members
Mayor Nancy Tyra -Lukens has been a past member of the American Cancer Society and has
served on a statewide committee of ACS. The mayor's current membership in ACS is not known. If
the mayor is a current member of the ACS, there is an evident conflict of interest in that the mayor
has been personally lobbied by the ACS, the very group that has illegally and improperly used
MPAAT funds to conduct the lobbying campaign on the Eden Prairie City Council.
Council Member Sherry Butcher has selected Leslie Ellis as the campaign manager for her
state senate campaign bid. Since Mr. Ellis also serves as chairperson of the Clean Air on the Prairie
group, an evident conflict of interest exists given the influence that Mr. Ellis could exert on Council
Member Butcher to support passage of the smoking ban ordinance.
ISSUES THAT REQUIRE INVESTIGATION BY A TASK FORCE
Based on the facts as outlined above and as documented in the attached exhibits, a citizen's
task force should investigate a number of issues involving the ethical and moral response and
conduct of the Eden Prairie City Council regarding the smoking ban ordinance including, but not
limited to, the following:
The creation and organization of the Clean Air on the Prairie group by ACS.
A. The membership of Clean Air on the Prairie.
B. The amount of MPAAT funds spent by ACS to organize and support Clean Air
on the Prairie's lobbying efforts.
2. The date, amount and purpose of each expenditure of MPAAT funds by ACS to
lobby Eden Prairie City Council members and influence residents including printing
of brochures, mailing of brochures, telephone bank operations and other lobbying -
related efforts.
3. The date, place and substance of each meeting during 2001 and 2002 between ACS
and/or Clean Air on the Prairie representatives with city council members, city staff
members and the city attorney regarding a smoking ban ordinance.
4. The date, amount and purpose of each expenditure of MPAAT funds by SFC to
lobby Eden Prairie City Council members and influence residents including printing
of brochures, mailing of brochures, telephone bank operations and other lobbying -
related efforts.
5. The date, place and substance of each meeting during 2001 and 2002 between SFC
representatives and .city council members, city staff members and the city attorney
regarding a smoking ban ordinance.
6. The circumstances involving the city councils initial decision at the April 16, 2002
city council meeting to appoint atask force to study a smoking ban ordinance and the
subsequent decision at the May 21, 2002 council meeting to forego a task force and
proceed with steps to adopt an ordinance. The following specific circumstances
should be investigated:
A. The statements and recommendation made by Council Member Case that a
task force not be appointed and the hesitancy of Mayor Tyra -Lukens to
appoint a task force at the May 7, 2002 Workshop meeting.
B. The presentation of a draft smoking ban ordinance by City Attorney Ric
Rosow at the May 21, 2002 Workshop meeting.
Who gave the city attorney the authority to draft a smoking ban
ordinance when the council had voted 4-1 at the April 16, 2002
council meeting to establish a task force?
2. Under what authority did the city attorney and acting city manager
rely on to independently decide to draft a smoking ban ordinance and
forego the council's direction to draft a charter statement and a
structure for the appointment of a task force?
3. Did a member or members of the city council suggest or direct the
city attorney and/or the acting city manager to forego drafting a task
force charter statement and, instead, subvert the council's April 16,
2002 decision by directing that a smoking ban ordinance be drafted?
If so, who made the suggestion or gave the direction? If so, when
was the suggestion made or direction given? If so, were other council
members informed of the suggestion made or direction given?
7. The potential conflict of interest resulting from the past and/or current status of
Mayor Tyra -Lukens' membership and/or involvement in the ACS due to ACS's
lobbying efforts to influence the council to adopt a smoking ban ordinance.
8. The potential conflict of interest resulting from Council Member Butcher appointing
Leslie Ellis as a co -chairperson of her state senate campaign.
9. Any and all other issues that relate to the ethical and moral conduct of the Eden
Prairie City Council regarding the proposed smoking ban ordinance.
CONCLUSION
The Eden Prairie City Council has been fully informed on the improper and illegal
lobbying efforts of the American Cancer Society, Clean Air on the Prairie and the Minnesota
Smoke -Free Coalition. Despite this knowledge, the city council has continued to condone
this illegal behavior and allow the improper lobbying effort to continue.
Certain members of the city council may have also participated in an endeavor to subvert the
formal action of the council by suggesting or directing that the city attorney and city staff
members forego the appointment of a task force and pursue the drafting of a smoking ban
ordinance. This conduct and these actions are wrong and demand an investigation.
The potential conflicts of interest of the mayor and a council member also raise serious
questions about the position taken by these individuals regarding the smoking ban.
The ethical and moral questions of the city council's conduct involving the proposed
smoking ban ordinance can only be answered through the appointment of a citizen's
investigative task force.
Cigarette Tax Facts
Eden Prairie
Taxes
• Federal tax is $0.39 per pack
• MN State Tax is $0.48 per pack '
• MN cigarette tax generates approximately $175 to $180 million
per year in revenue'
• Hennepin County does not collect a cigarette tax
• City of Eden Prairie does not collect a cigarette tax
• Amounts do not include the state tax on other tobacco
products such as cigars, chewing tobacco, and loose smoking
tobacco which has a 35% wholesale tax'
Funding
• Of the $0.48 per pack, revenue is first used to pay debt service
on bond payments'
• After debt service is covered, $0.02 per pack is allocated to the
Minnesota Future Resources Fund and the balance is
deposited into the states general fund'
• Approximately $15 million per year is collected from tax of
non -cigarette products. This revenue is deposited into the
state's general fund'
City Tobacco Licenses
• The City issued 39 licenses in 2001
• Tobacco licenses cost $250.00 per year
Eden Prairie Liquors
• Eden Prairie Liquors cigarette sales were $144,251 in 2001
which is 1.67% of total sales
• Eden Prairie Liquors gross profit margin from cigarette sales in
2001 was 25% or approximately $36, 062.75
General Population and Smokers
• In the Minneapolis -St. Paul metro area, 19.5% of the general
population smokes (Persons aged 18 or older who reported having smoked more
than 100 cigarettes and who reported smoking every day or some days) 2
• There are 38,182 people over the age of 18 in Eden Prairie 4
• Per capita, the average amount of cigarettes consumed is
101.25 packs annually 3
Assumptions
• National averages reflect Eden Prairie's population
• 7,445 or 19.5% of Eden Prairie residents smoke
Using the statistics and assumptions listed above:
• Based on per capita information, Eden Prairie residents
purchase 3,865,927.5 packs of cigarettes annually
• 3,865,927.5/72445 = 519.26 packs annually per smoker
• 3,865,927.5 x $0.48 state tax = $128551645.20
• 3,865,927.5 x $0.39 federal tax= $ 1,507,711.70
1. Minnesota Department of Revenue
2. Center for Disease Control and Prevention, December 14, 2 00 1, Morbidity and Mortality
Weekly Report
3. United States Department of Agriculture, October 2001, Trends in the Cigarette Industry
after the Master Settlement Agreement
4. 2000 United States Census
Prepared by Jodi Hoag, Public Relations Coordinator
AGENDA
EDEN PRAIRIE CITY COUNCIL
TUESDAY, SEPTEMBER 17, 2002 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Nancy Tyra -Lukens, Councilmembers Sherry Butcher, Ron Case, David
Luse and Jan Mosman
CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Bob Lambert, Public Works
Director Eugene Dietz, Management and Budget Director Don Uram, City Planner Michael Franzen,
City Attorney Ric Rosow and Council Recorder Theresa Brundage
I. ROLL CALL / CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE
III. PUBLIC SAFETY PUBLIC SERVICE ANNOUNCEMENT VIDEO ON TEEN
DRINKING
IV. COUNCIL FORUM INVITATION
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. JOINT CITY COUNCIL/COMMUNITY PLANNING BOARD MEETING,
AUGUST 22, 2002 (p 1)
B. CITY COUNCIL WORKSHOP, SEPTEMBER 3, 2002 (p 7)
C: CITY COUNCIL MEETING, SEPTEMBER 3, 2002 (p 11)
VII. CONSENT CALENDAR
A. CLERK'S LICENSE LIST (p 22)
B. HOUND DOG PET HOTEL by Hound Dog Pet Hotel, L.L.C. 2nd Reading
Planned Unit Development District Review with waivers on 1.56 acres, Zoning
District Amendment within the Commercial Regional Service Zoning District on 1.56
acres, and Site Plan Review on 1.56 acres. Location: 13013 Valley View Road (East
of Children's World Daycare) (Ordinance for PUD District Review, Zoning
District Amendment, and Resolution for Site Plan Review) (p 23)
CITE' COUNCIL AGENDA
September 17, 2002
Page 2
C. ADOPT RESOLUTION APPROVING FINAL PLAT OF WELTERS
TRAI DREAD (p 55)
D. AWARD CONTRACT FOR FUEL ISLAND CANOPY AT MAINTENANCE
FACILITY 15150 TECHNOLOGY DRIVE (p 57)
E. APPROVE TWO-YEAR MAINTENANCE AGREEMENT WITH
HONEYWELL FOR WATER SYSTEM CONTROL SYSTEMS j�p 59,E
F. ADOPT RESOLUTION ACCEPTING LOCAL GOVERNMENT UNIT
STATUS PURSUANT TO THE WETLANDS CONSERVATION ACT FOR
THE LOWER MINNESOTA RIVER WATERSHED DISTRICT (p 62)
G. ADOPT RESOLUTION APPROVING THE WESTERN AREA FIRE
TRAINING ASSOCIATION JOINT POWERS AGREEMENT (p 64)
H. AUTHORIZE THE EXTENSION OF PROFESSIONAL SERVICES WITH
KERN, DEWENTER, VIERS, LTD. FOR AUDITING SERVICES FOR THE
YEARS ENDING 2002 AND 2003 (p 68)
I. ADOPT RESOLUTION APPROVING AMENDED PROJECT
MANAGEMENT AGREEMENT BETWEEN HARTFORD ASSOCIATES,
LLC, AND THE CITY OF EDEN PRAIRIE (p 75)
J. ADOPT RESOLUTION CALLING FOR A PUBLIC HEARING NOVEMBER
12, 2002, TO CONSIDER AN AMENDMENT TO TAX INCREMENT
FINANCING (TIF) DISTRICT 17 FOR ROLLING HILLS (THE COLONY)
SENIOR HOUSING (p 83)
K. ADOPT RESOLUTION DECLARING LISTED PROPERTY
ACCUMULATED BY THE POLICE DEPARTMENT AS PART OF
MUNICIPAL OPERATIONS AS "ABANDONED PROPERTY" (p 85)
L. ADOPT RESOLUTION DECLARING COSTS TO BE ASSESSED AND
ORDERING PREPARATION OF SPECIAL ASSESSMENT HEARING
ROLLS AND SETTING HEARING DATE FOR OCTOBER 15, 2002 (p 96)
M. APPROVE CONTRACT WITH HUBERTY MARKETING RESEARCH TO
ASSIST THE CITY IN CONDUCTING A SURVEY OF THE BUSINESS
COMMUNITY (p 99)
N. APPROVE ELECTRIC SERVICE AGREEMENT WITH NIINNESOTA
VALLEY ELECTRIC COOPERATIVE (p 106)
O. ADOPT RESOLUTION APPROVING AMENDMENT TO THE BYLAWS OF
THE SUBURBAN TRANSIT ASSOCATION (p 110)
CITY COUNCIL AGENDA
September 17, 2002
Page 3
VM. PUBLIC HEARINGS / MEETINGS
A. HERITAGE PRESERVATION SITE ALTERATION (Permit #2002-03-0005)
by the City of Eden Prairie. Request for Approval to allow spring improvements,
including relocation of the spring stand pipe to a location nearer the creek,
construction of a new spring tank, parking area, interpretive sign, and bench seating at
Miller Spring. Location: Miller Spring on Spring Road. (p 113)
B. ROLLING HILLS SENIOR HOUSING PUD AMENDMENT by Shelter
Corporation. Request for Guide Plan Change from Office to High Density Residential
on 1.02 acres, Planned Unit Development Concept Amendment on 1.02 acres,
Planned Unit Development District Review with waivers on 1.02 acres, Zoning
District Change from Office to RM-2.5 on 1.02 acres, and Site Plan Review on 1.02
acres. Location: Prairie Center Drive and Rolling Hills Road. (Resolution for PUD
Concept Amendment, Ordinance for PUD District Review and Zoning District
Change, and Resolution for Comprehensive Guide Plan Change) (p 117)
C. IMPROVEMENTS FOR PIONEER TRAIL/FLYING CLOUD DRIVE AREA
UTILITY IMPROVEMENTS (p 130)
IX. PAYMENT OF CLAIMS (p 132)
X. ORDINANCES AND RESOLUTIONS
A. BLUFF COUNTRY VILLAGE AMENDMENT (p 140)
XI. PETITIONS, REQUESTS AND COMMUNICATIONS
XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
XIII. APPOINTMENTS
XIV. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF PARKS AND RECREATION DIRECTOR
D. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF PUBLIC SAFETY DIRECTOR
G. REPORT OF MANAGEMENT AND BUDGET DIRECTOR
CITY COUNCIL AGENDA
September 17, 2002
Page 4
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
,A
UNAPPROVED MINUTES
CITY OF EDEN PRAIRIE
JOINT CITY COUNCIL/PLANNING COMMISSION MEETING
TUESDAY, AUGUST 22, 2002 7:00 PM, CITY CENTER
Heritage Room H
8080 Mitchell Road
CITY COUNCIL: Mayor Nancy Tyra -Lukens, Councilmembers Ron Case, David Luse and Jan
Mosman
CITY STAFF: City Manager Scott Neal, Public Works Director Eugene Dietz, Economic
Development Manager David Lindahl, City Planner Michael Franzen, and Council Recorder Theresa
Brundage
PLANNING COMMISSION: Frantz Corneille, Randy Foote, Kathy Nelson, Fred Seymour, Paul
Sodt, Dave Steppat, Ray Stoelting
HENNEPIN COUNTY: Carol Lezotte
I. ROLL CALL / CALL THE MEETING TO ORDER
II. INTRODUCE PROJECT TEAM
Neal introduced Mark Koegler, Consulting Team Project Manager from Hoisington Koegler
Grouop Inc., who gave an overview and current status of the Golden Triangle Land
Use/Multi-Modal Transportation Project. He introduced project team members from his
group and Bonz/REA, Inc. who were retained by the City of Eden Prairie and Hennepin
County to work on this project. He said the IBI Group is also part of the team, although no
members are present tonight.
III. PROJECT INTRODUCTIONBACKGROUND
Koegler said the team is 30-40 percent done with the project at this point in time. He said the
intent tonight is not to press for formal decisions, but to exchange information specifically
about land use scenarios, development opportunities and barriers, potential City actions and
community policy implications.
He said the purpose of the Golden Triangle Land Use/Multi-Modal Transportation
Evaluation Project (the Golden Triangle Study) was conceived by the City and the County as
a joint venture. He said it involves looking at the idea of taking an existing land use pattern,
infusing it with a different land use pattern - in this case more of a mixed use - and
determining the impacts on peak traffic congestion, tax benefits of the alternatives, transit
and traffic and transportation improvements. He said elements of the program include
evaluating the local real estate market, looking at potential alternatives as to what
redevelopment sites might be appropriate, what kinds of land use patterns might be included,
tax benefits of those uses, and travel demand forecasting to ultimately come up with a land
use plan.
JOINT CITY COUNC UPLANNING COAMUSSION MEETING
August 22, 2002
Page 2
Koegler said this is using sound methodology to test the overall premise that "Can land use
change positively effectuate traffic and transportation? How might one go about doing that
and what implementation steps would be looked at?" He said a group called the Technical
Advisory Team is steering the process and meets with his group on a monthly basis. The
group's representatives are from the City, Hennepin County, Southwest Metro Transit,
Min/DOT, Golden Triangle Traffic Management Association and some property owners
within the project area. He said the Golden Triangle is bounded by Hwys.169, 212 and 494.
IV. MARKET OVERVIEW
Dick Paik, Bonz/REA, Inc. said despite the current downturn, general prognostications from
the Twin Cities economy are that we are going to resume growth at an average 1.5 to 2.5
percent per year driven primarily by employment in the professional services industry. He
said the Southwest Suburban Corridor is the region's most prestigious and largest suburban
corridor for this kind of growth. He said as far as the high -end labor goes, the indicators
looked at first are education and professional and managerial executive occupations and Eden
Prairie is the highest in those areas.
He said is not as dominant in industrial occupations. He said industrial space is leasing at
$4.5 to $5/sf with industrial office space leasing at close to $9/sf. He said high -end office
space is at $15-$16/sf. Therefore, Paik said the corridor is a dominant office corridor.
He said vacancy rates in apartments in the area are near 8-9 percent which is higher than
other suburbs, but there is potential for new residential development in multi -family or
townhouse configurations. Paik said retail numbers indicate the potential for larger "big box"
retail stores seeking a desirable site, and hotels seeking highway access and visibility. He
said the overall lodging market is healthy.
Seymour asked if it was fair to compare Eden Prairie Center to Ridgedale when there has
been a recent conversion upgrade of Eden Prairie Center within the last year. Paik said
numbers have been improving by the month, but the performances of retail centers in this
market area have not matched performance of Southdale. He said some of the sites are
compromised by traffic.
Sodt said he has heard that the problems of Eden Prairie Center are that residents are used to
going to other centers to shop and asked if those numbers had been measured. Paik said in
this case, the center is still attracting a net inflow but it has not been determined where it's
coming from.
Luse asked if the calculation included the growth of Eden Prairie Center. Paik said the
research has been done over the past nine months and the full impact of the rejuvenation may
not be part of that.
Case asked if occupancy rates for employees living in apartments, or lower -end housing, had
been looked at. Paik said it is being considered and will be discussed.
Nelson said putting amenities or restaurant/entertainment-type businesses in the Golden
Triangle could be a very important part of putting the "gleam" back into that area.
JOINT CITY COUNCIL/PLANNING CONBUSSION MEETING
August 22, 2002
Page 3
Sodt asked about the attitude of company owners in the Golden Triangle as it relates to the
desire to have residential areas within the Golden Triangle. Koegler said it has not been
determined how they perceive the residential impact, but there will be more meetings.
V. OVERVIEW OF PHYSICAL CONDITIONS
Koegler said the dominant land use in the Golden Triangle area is industrial with an office
component with about 56 percent of the parcels in that area falling into that category. He said
more recently, the high density residential is at 2 percent. He said things examined included
land value per square foot, total change in building value from 1997 to 2002, quality of
construction, ratio in terms of land value and building value and floor area ratio.
Koegler said a map of potential redevelopment parcels has been generated following the
study.
VI. FUTURE LAND USE PLAN SCENARIOS
Koegler said there are two land use scenarios - Current Trends and Public -Private
Opportunities. He said the possibility of looking at regional/commercial in the Golden
Triangle area should also be considered, specifically at the intersection of Shady Oak and
Hwy. 212. Koegler said the Current Trends option does not include major transportation
improvements/
In the Public -Private Opportunities option, Koegler said there would be extensive
redevelopment of existing industrial and office buildings to create a new residential
neighborhood with medium- and higher -density housing with the ability to expand green
space. He said there may also be opportunity to have a mixed use in a suburban context by
using vertical integration, with office or small retail with residential above.
He said mass transit is being looked at in terms of bus rapid transit and connections to the
local transit network. He said the Golden Triangle Management Association has done a good
job with advocating van pools and transit solutions. He said the context of those ideas will
be looked at in terms of land use.
Tyra -Lukens asked if we have the right proportions of office, industrial and housing in the
scenerio. Koegler said the study attempted to craft a certain sense of market reality. Koegler
said they're going to have to find the equilibrium point with reasonable market balance.
Sodt asked about the health group property north of City West. He said a few months ago,
United Health presented changes not the same as being shown on tonight's plan. He said it
was mixed use and wanted Koegler to be aware of that. Koegler said it was simplified for
purposes of land use colors.
Stoelting asked if this could be compared to Centennial Lakes. Koegler said what is being
stressed with this plan is more of a component of mixed land use.
Frantz asked what potential there is for the whole Golden Triangle area to be completely
redeveloped. Koegler said he will come back to that after Rusty Fifield talks.
N
JOINT CITE' COUNMJPLANNING COIAWSSION MEETING
August 22, 2002
Page 4
Luse asked if the issue of no downtown area for Eden Prairie was addressed. Kogeler said
they have been sensitive to "sucking any of the life out of the major center area and trying to
put it here." He said they scaled down commercial thinking and looked at a couple "big box"
nodes that would not have been able to accommodate the major center area.
VII. PRELBIINARY FISCAL EVIPLICATIONS
Rusty Fifield gave an overview of the preliminary fiscal and policy implications of future
land use changes and what would be financially feasible. He said to do redevelopment,
smaller parcels need to be developed them into larger sites. He said the acquisition of those
properties and the preparation of those sites are the key economic barriers. The key to
redevelopment is also finding a developer who wants to be in the Golden Triangle.
In addition, Fifield said it's likely the City may have to make a financial investment in the
redevelopment. He said one of the reasons for building the medium- to high -density housing
vertically is to get more density to help offset the redevelopment expense. He said the City
needs to be prepared to get involved by acquiring land and preparing sites, using
condemnation or the threat of condemnation if necessary, providing financial assistance,
building infrastructure and amenities, making use of the financing tools available, and
seeking partners who share the interest. Fifield said tax increment financing could also be
used for the Golden Triangle in that a portion of the buildings in that area would need to be
designated as structurally substandard. He suggested that what would work best is tax
abatement where a collaborative approach is taken with Hennepin County.
Fifield said the greatest concern is the uncertain time limitations on the ability to challenge
public actions - not only the condemnation of land, but the creation of a tax increment
district, and where do you know that you've escaped the ability for a legal challenge. He said
there also exists the potential for this to ripple into the 2003 and perhaps other legislative
sessions.
VIII. NEXT STEPS
Koegler said the process is about 40 percent done and they will continue with the tax and
fiscal analysis. He said the traffic piece is one of the centerpieces of this and they will look
at allocating growth, traffic assignment zones, vehicular flows, and the whole traffic
transportation issue. He said they are trying to get down to a recommended land use scenario
based on a conceptual plan. He said an open house will be held in the Golden Triangle area
sometime in September. Luse suggested with the right vision, this situation needs to be a
partnership between the City and the developers.
Koegler asked Dietz to summarize the transportation improvements - 494 and better ramp
access to the major center area, etc. Dietz said the possibility of an interchange at Prairie
Center Drive or Flying Cloud Drive was discussed with the Council and a plan was
developed with Min/DOT saying there were "no fatal flaws." He said it is possible to put half
of a diamond at Flying Cloud Drive, but it's $15 to $35 million. Dietz said they will be
embarking on a similar study as what is being heard tonight to look at the whole area south of
494 and the possibility of what else could be done to make traffic more friendly in that area.
q
JOINT CITY COUNCIL/PLANNING COMNUSSION 14IIEETING
August 22, 2002
Page 5
IX. DISCUSSION/ADDRESS QUESTIONS
Koegler asked Dick Paik about the market for'lower-end' housing. He said although it could
happen, it's not very likely that developers who get into the middle of the market will build
that way.
Koegler said as far as more amenities and entertainment -type uses, they have looked at it in a
more fundamental kind of perspective like what kinds of things could happen there. He said
some of those could be later mixes into the overall pattern of land use. He said those things
are 'icing on the cake' and not the leading entities when it comes to future land use change,
but things that could be part of that pattern.
Regarding large-scale potentials for redevelopment, Koegler said is there a lot of financial
challenge here, so the changes will probably be incremental.
Luse asked what the City could do collectively to give the impression of the master vision of
what we want to do versus using the old way of thinking and condemning properties and
facing legal issues. He said it is that kind of positive perception that hopefully becomes
reality.
Koegler said the scope of this is really more focused on the premise that this area has
transportation problems and can longer term land use changes effectuate that in a positive
way and remove some of those barriers. He said this is the beginning of a much broader
discussion of what happens to this area that is an exciting area that poses many challenges
and we're just focusing on one piece of this.
Koegler said the redevelopment will leave very few buildings that are there today, but there
are a lot of other properties that can be kept marketable. He said if there is a balance that we
can strike long-term between other uses - residential, commercial, office, etc. - and industrial,
such that the industrial is maintained and occupied, it is probably the best long-term bet to
maintain the quality and integrity of existing structures.
Nelson said basically this is a "man-made island," and asked if the group is looking at this
from a traffic perspective and not unlike another highly industrialized island instead of just a
piece of land within the suburb. Koegler said that metaphor hasn't been carried too far.
Dietz said there are plans by Min/DOT to improve an interchange at 169 and 494. He said the
planning horizon is going to be defined by the legislature's will to agree, at best, in these
kinds of things. He said this island was a great idea back in the late 1960s and early 1970s,
but there has been no reinvestment at the State level that would cause the freeway system to
sustain itself. He said this is about looking at what we can do be a catalyst to keep the values
up and make improvements. Koegler said this is an area, because of the geography, has
interesting potential where there are different types of land uses that support one another.
It was asked what the thrust or message of the whole plan is. Koegler said they thought it was
important to go to the business community to all interested parties in the Golden Triangle
before any plans are finalized. He said the message is that they have an evolving process that
they'd like to be in an'open house' kind of format to talk to people about some of these
JOINT CITY COUNCIL/PI ANNING COMMISSION A EETING
August 22, 2002
Page 6
concepts and ideas and get their reaction to them. He said they looked at tonight as an
opportunity to focus on the policy implications of change, how the Council responds to it and
how the Planning Commission will make recommendations on it. He said this project is a
great forum for all groups to get together and discuss the vision for land use, traffic benefits
and services.
Neal acknowledged Hennepin County's support of the project. Tyra -Lukens asked Koegler
when they would return with further information. He said it would be towards the end of the
year.
X. ADJOURNMENT
The meeting adjourned at 9 p.m.
0
UNAPPROVED MINUTES
EDEN PRATRT�F CITY COUNCIL WORKSHOP/FORUM
TUESDAY, SEPTEMBER 3, 2002 CITY CENTER
5:00 - 6:25 PM, HERITAGE ROOM H
6:30 — 7:00 PM, COUNCIL CHAMBER
CITY COUNCIL:
Mayor Nancy Tyra -Lukens, Councilmembers Sherry Butcher, Ron Case, and Jan Mosman
CITY STAFF:
City Manager Scott Neal, Public Safety Director Jim Clark, Public Works Director Eugene Dietz,
Director of Parks and Recreation Services Bob Lambert, Management and Budget Director Don
Uram, City Attorney Ric Rosow, and Recorder Lorene McWaters
Heritage Room H
I. CALL MEETING TO ORDER
Mayor Tyra -Lukens called the meeting to order at 5:35 p.m.
Councilmember Case was not present for the budget portion of the discussion. He was
present for the Open Podium/Forum portion of the meeting.
Mayor Tyra -Lukens said Councilmember Luse had called her to say he was unable to
attend the meeting because he was ill. She said Luse had asked her to let everyone know
he had decided not to run for Council.
II. APPROVAL OF AGENDA
III. 2003 BUDGET WORKSHOP
Neal started the workshop off by noting that 2003 is the second year of a two-year budget
process, so this budget should be considered an amendment of the proposed 2-year
budget already approved by the Council.
Uram reviewed a memorandum on the 2003 amended budget dated August 30, 2002, that
was distributed to all Councilmembers. Uram said the 2003 general fund budget totals
$31.6 million and includes a transfer to Capital Improvement fund of $608,724. This
represents a 1.3% increase over the 2002 budget. Uram explained that the 2003 levy
limit for Eden Prairie is 3%, based on an estimated inflation rate of .76%, household
growth of 1.6%, commercial industrial growth of .65%.
Uram said general fund operating expenditures equal $27.9 million— a 5.1% increase
over 2002. This includes increases in legal counsel and employee benefits and training.
Debt obligations decreased from $2.8 million to $2.36 million and include a tax
abatement levy of $300,000 to for pay for intersection improvements at Technology
Drive and Mitchell Road.
Under this proposed budget, the median valued home ($257,900) would see a tax
increase of 3.36% or $28. The city's portion of the property tax would be $883.
The Utility Enterprise fund is projected to have sales of $7.8 million in 2003 and no
changes in utility fee schedule are expected.
A 4.8% increase in liquor sales is expected for a total of $8.7 million in 2003. A transfer
to Capital Improvements fund of $726,453 is budgeted.
IV. OTHER TOPICS
Council Chamber
V. OPEN FORUM (Scheduled participants, 6:30-6:50 p.m.)
A. GREG GILBERT — DULUTH CITY COUNCIL MEMBER
Gilbert said he is a current Duluth City Councilmember and an attorney. He
shared his experiences as a council member who had proposed and help pass a
second hand smoke ordinance in Duluth. He said he initially had reservations
about such an ordinance because he feared it might hurt businesses. He said those
fears have proven unfounded. Gilbert said no businesses have gone under as a
result of the ordinance and sales tax revenues have actually increased. He said the
public "loves the ordinance." In fact, a referendum on the ordinance was on the
ballot at the same time he was running for City Council and he discovered that
most people he talked to as part of his campaign supported his sponsorship of the
ordinance. He told the Eden Prairie Councilmembers to remember that they will
hear a lot on the issue, but often from the same people over and over. He
encouraged them to look beyond these few individuals to the people in the
neighborhoods when making their decision.
B. GARY ECKENBURG — FORMER DULUTH CITY COUNCIL MEMBER
Eckenburg said he is a former Duluth City Council Member and current Deputy
County Commissioner for St. Louis County. He said he co -sponsored the Duluth
smoking ordinance with Greg Gilbert. He received many e-mails stating that
regulating second -hard smoke was not the venue of a City Council, but said he
disagrees. He said norms change over time, and while using a spittoon in public
was once commonplace it is virtually never seen these days. He believes smoking
of cigarettes in public will soon be as uncommon. Eckenburg also noted that 61 %
of Duluth voters voted in favor of the ordinance. He said the Eden Prairie City
Council should consider this a green light to pass their own smoking restriction
ordinance.
1W
C. CORRINNE ERTZ — PRESENTATION OF ACS CITIZEN SURVEY
RESULTS
Ertz reviewed results of a survey conducted by the American Cancer Society of
Eden Prairie residents concerning attitudes toward exposure to second-hand
smoke. A total of 886 surveys were distributed with a total of 354 usable survey
results obtained. This represents a response rate of 52%. The survey indicated
the following:
• 51 % of residents prefer their employer not allow smoking in their
workplace, with an additional 38% saying they'd prefer their employer to
limit smoking to designated outside areas
• 80% stated smoking should be permitted in no indoor workplace
• 68% said they would "definitely" support a city ordinance banning
smoking from all indoor workplaces
• 69% preferred that no smoking be allowed in restaurants that do not serve
alcohol
• 42% preferred that people be allowed to smoke in no areas of restaurants
that serve liquor
• 40% would "definitely" support a city ordinance banning smoking from
all restaurants that serve liquor
• 72% of residents responded "yes" when asked "Are there places in Eden
Prairie you avoid because smoking is permitted."
• 68% would "definitely" or "probably" support a city ordinance banning
smoking from all indoor recreation areas
D. ROBERT BORHART — ATTORNEY
Bob Borhart introduced himself as a Minneapolis attorney who has been retained
by a "coalition of Eden Prairie restaurant and business owners." He said he is
prepared to sue the City for loss of business in the event that a smoking restriction
ordinance is passed.
Councilmember Case said that the draft ordinance that is posted on the City's
website is misleading in that it is an "all-inclusive, kitchen sink" ordinance that
the Council has always intended to discuss and revise through a consensus
building process. Neal said the Ordinance would be taken off the website to
avoid further confusion.
I
VI. OPEN PODIUM (Unscheduled participants, 6:50-7:00 p.m.)
Eden Prairie High School student Jason Ingelhart spoke on behalf of a group of students
who support passage of a second-hand smoking ordinance. He said no one should be
able to infringe on anther's right to breathe clean air.
VII. ADJOURNMENT
l�
UNAPPROVED Afflli ES
EDEN PRAIRIE, CITY COUNCIL
TUESDAY, SEPTEMBER 3, 2002 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Nancy Tyra -Lukens, Councilmembers Sherry Butcher, Ron Case and
Jan Mosman
CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Bob Lambert, Public Works
Director Eugene Dietz, Management and Budget Director Don Uram, City Planner Michael Franzen,
City Attorney Ric Rosow and Council Recorder Theresa Brundage
I. ROLL CALL / CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE
III. COUNCIL FORUM INVITATION
Tyra -Lukens announced that Council Forum is held the first and third Tuesday of the month
from 6:30 — 7:00 p.m. in the Council Chamber. Please note that this portion of the meeting is
off -camera. The Council Forum consists of two parts: scheduled and unscheduled
appearances. 6:30 to 6:50 p.m. is reserved for scheduled participants. If you wish to
schedule time to visit with the City Council and Department Directors, please notify the City
Manager's office (at 952-949-8412) by noon of the meeting date with your request. The last
10 minutes of the Forum, from 6:50 to 7:00 p.m. is set aside for impromptu, unscheduled
appearances by individuals or organizations who wish to speak to the Council.
Tyra -Lukens then announced that the mayor of Minnetonka, who is also the president of the
National League of Cities, asked that all cities in the country read a proclamation to
commemorate September 11, 2001. She then read the proclamation.
Neal announced that the City is also participating in recognition of September 11. He said
two significant church -related services will be held, and the League of Cities
commemoration event will be ongoing throughout the day, beginning at 7:46 a.m. with a
moment of silence and a ringing of sirens.
Butcher asked that the proclamation be put on the City's website. Neal said it would, and the
League's other events will be on the site as well.
Tyra -Lukens made another announcement commending two young ladies from the
community. Eden Prairie High School student Danielle Whipperfurth participated in a
national teenage scholarship contest in Nashville this summer, representing the State of
Minnesota and finished fiffih nationally. Allison Kearns of Eden Prairie, who is Miss
Minnesota, will be representing the state in the upcoming Atlantic City competition. Tyra -
Lukens expressed the City's pride for both ladies.
Tyra -Lukens also announced that Councilmember Luse has been diagnosed with pneumonia
and is, therefore, not able to attend tonight's meeting. She said he asked her to convey to the
CITY COUNCIL AGENDA
September 3, 2002
Page 2
public that he has decided not to run for City Council election this fall. Case added that filing
for vacancy is open until next Tuesday, September 10.
IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Case added an item under XIII.A.1., and Mosman added an item under XM.A.2. The agenda
would, therefore, be amended to reflect XIII.A.1. DISCUSSION ON THE SAMPLE
SMOKE -FREE ORDINANCE POSTED ON THE CITY'S WEBSITE and XIII.A.2.
UPDATE ON BUILDING ASSETS TOGETHER MEETING.
In regards to busing, walking and drop-off situations on the first day of school, Mosman
reported she talked to an officer at Eden Lake who said it went smoothly there and at Prairie
View Elementary. Tyra -Lukens said she was at Prairie View, with the highest number of
students walking and being dropped off, and things there went very smoothly. Tyra -Lukens
thanked public safety staff and the school district for their preparation.
Neal asked that Item VI.B. be removed from tonight's agenda because it is not ready for
approval at this time.
MOTION: Butcher moved, seconded by Mosman, to approve the Agenda as published and
amended. Motion carried 4-0.
V. MINUTES
A. CITY COUNCIL FORUM, AUGUST 6, 2002
MOTION: Mosman moved, seconded by Case, to approve as published, the Minutes
of the City Council Forum held August 6, 2002. Motion carried 4-0.
B. CITY COUNCIL/SCHOOL BOARD WORKSHOP, AUGUST 20, 2002
MOTION: Case moved, seconded by Mosman, to approve as published, the Minutes
of the City Council/School Board Workshop held August 20, 2002. Motion carried
3-0. Butcher abstained.
C. CITY COUNCIL MEETING, AUGUST 20, 2002
Case noted a correction on Page 10, paragraph 2, first sentence. He said that three
years ago, a 4-1 vote was required and Council had a 3-2.
MOTION: Mosman moved, seconded by Case, to approve as published and
amended, the Minutes of the City Council Meeting held August 20, 2002. Motion
carried 3-0. Butcher abstained.
VI. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
/0'),
CITY COUNCIL AGENDA
September 3, 2002
Page 3
B. HOUND DOG PET HOTEL by Hound Dog Pet Hotel, L.L.C. 2nd Reading
Planned Unit Development District Review with waivers on 1.56 acres, Zoning
District Amendment within the Commercial Regional Service Zoning District on 1.56
acres, and Site Plan Review on 1.56 acres. Location: 13013 Valley View Road (East
of Children's World Daycare) (Ordinance for PUD District Review, Zoning
District Amendment, and Resolution for Site Plan Review)
This item was removed from the agenda in an earlier action tonight.
C. APPROVE SPECIAL ASSESSMENT AGREEMENT FOR TRAIL
CONSTRUCTION ALONG CRESTWOOD TERRACE
D. CRESTWOOD PONDS by Terry Vogt Homes, Inc. 2nd Reading of Ordinance No.
23-2002 for Rezoning from Rural to R1-13.5 on 5.32 acres. Location: 9617
Crestwood Terrace.
E. AUTHORIZE STAFF TO SUBMIT PERMIT APPLICATION FOR 2002-2003
WINTER SEASON FOR USAGE OF THE LRT TRAIL
F. AWARD CONTRACT FOR PRAIRIE CENTER DRIVE/PRAIRIE LAKES
DRIVE TRAFFIC SIGNAL AND PRAIRIE CENTER DRIVE TRAFFIC
SIGNAL CONNECT, I.C. 94-5372
G. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SUMMIT
ENVIROSOLUTIONS FOR PHASE III WELL FIELD MANAGEMENT
SYSTEMS
H. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SUMMIT
ENVIROSOLUTIONS FOR ANNUAL SYSTEM MAINTENANCE, I.C. 98-5456
I. APPROVE PLANS AND SPECIFICATIONS FOR THE GLENSHIRE OUTLOT
A AND WATER TREATMENT PLANT MITIGATION SITES
J. APPROVE PETITION FROM RILEY-PURGATORY-BLUFF CREEK
WATERSHED DISTRICT FOR THE ROUND LAKE WATER QUALITY
IMPROVEMENT PROJECT
K. APPROVE CONTRACT AMENDMENT WITH SUMMIT ENVIRO-
SOLUTIONS FOR THE WELLHEAD PROTECTION PLAN
L. ADOPT RESOLUTION NO.2002-139 CERTIFYING THE CITY'S
PROPOSED 2003 PROPERTY TAX LEVIES, SETTING THE DATE FOR
THE TRUTH -IN -TAXATION HEARING, AND ACCEPTING A PROPOSED
BUDGET FOR GENERAL OPERATIONS AND TAX -SUPPORTED
OBLIGATIONS
M. ACCEPT HENNEPIN COUNTY REQUEST TO SERVE AS FISCAL AGENT
FOR EMERGENCY MANAGEMENT GRANT
13
CITY COUNCIL AGENDA
September 3, 2002
Page 4
MOTION: Case moved, seconded by Butcher, to approve Items A, and C-M of the
Consent Calendar. Motion carried 4-0.
VII. PUBLIC HEARINGS / MEETINGS
A. RESOLUTION NO.2002-140 FOR VACATION OF RIGHT-OF-WAY AND
EASEMENTS OVER PART OF DATASERVE BUSINESS CENTER
Neal said Official notice of this public hearing was published in the August 15, 2002,
Eden Prairie News and sent to 4 property owners. He said the property owner has
requested the vacation of underlying right-of-way and easements to provide a clear title
for the property and to better enable replatting. The vacation affects only Lot 2, Block
1, Dataserve Business Center, which will be replatted into Prairie Medical Center.
Replacement easements, consistent with constructed roadway alignments, will be
dedicated through the Prairie Medical Center Plat.
Neal noted that Dietz and the applicant are both present and available to answer any
questions. There were no comments from the public.
MOTION: Mosman moved to close the Public Hearing and adopt Resolution No.
2002-140 for Vacation of Right-of-way and Easements over part of Dataserve Business
Center. Seconded by Butcher, motion carried 4-0.
B. RIVER VIEW by Wooddale Builders. Request for Planned Unit Development
Concept Review on 34.73 acres, Planned Unit Development District Review with
waivers on 34.73 acres, Zoning District Change from Rural to R1-13.5 on 18.07
acres, and Preliminary Plat on 34.73 acres into 29 single family lots, 3 outlots, and
road right-of-way. Location: South of Riverview Road at Parker Drive. (Resolution
No. 2002-141 for PUD Concept Review, an Ordinance for PUD District Review
and Zoning District Change, and Resolution No. 2002-142 for Preliminary Plat)
Neal said official notice of this public hearing was published in the August 1, 2002,
Eden Prairie News and sent to 30 property owners. He said this project is a 29-lot
single-family subdivision located south of Riverview Road at Parker Drive. PUD
waivers will be required for front yard setbacks and lot frontage for various lots, and
rural lot size for a remnant parcel. The Community Planning Board voted 8-0 to
recommend approval of the project to the City Council at the August 12, 2002 meeting.
Neal said the applicant is present and Mr. Franzen from Staff is also present to answer
any questions.
Dwight Jelle from Westwood Professional Services presented the plan and gave an
overview of the project. He introduced Steve Schweiters, owner and president of
Wooddale Builders; Matt O'Connor, sales and marketing; and Paula Mestelle, site
planner and designer and landscape architect.
Case asked whether there are plans to develop outlot B and who retains ownership of B
and how would it be accessed if someone would ever try to develop lots in there. Jelle
N
CITY COUNCIL AGENDA
September 3, 2002
Page 5
said Wooddale Builders is not purchasing outlot B or outlot A at this time.
Lambert said Mr. Hustad will retain ownership of the property, and it is not buildable
until there is access to it. He added the only access is to the east or the west. Fowler
property is to the east with a conservation easement on that property, and to the west is
a large parcel of land.
Case asked Lambert if there are realistically buildable lots there that future councils
would view as buildable. Lambert said there is land on the bluff that could probably
meet slope requirements to get a road up to a lot, outside the floodplain, and place a
house on it. However, he said it would be difficult to do major development there
because the majority of the property is floodplain.
Case asked about outlot B in terms of what could happen there. Franzen said back in
1999, development plans included density transfer to preserve it, but it resulted in a
combination of a development of twin homes and small single family which didn't fit
with the land use pattern of the neighborhood. Franzen further stated based on direction
from the Planning Commission at that time, it was developed into an Rl 13.5
neighborhood. He said since the project does not need density transfer, we do not have
a mechanism to require the land to be preserved so it does have development potential.
He said it is in a rural zoning district, so anyone wanting to develop that property must
go through the public hearing, rezoning and subdivision process. At that time, he said,
the City would determine the development potential of the property.
Case asked how many lots could fit on that ridge. Franzen said there could be potential
for two, and maybe only one lot. Case asked if there were plans for a trail on the scenic
overlook on the north side. Lambert replied there is a proposal for a trail on Riverview
Road, but no plan for an overlook at that site at this time.
Butcher asked if the Fowler property was in trust with the land trust. Lambert replied
that the Fowler property is in trust with the Minnesota Land Trust and it could be called
a conservation easement. However, he said it is different language than a conservation
easement from the City. He said essentially they are the same thing — they want to keep
it in its natural condition and not allow or limit development. He said basically the
Fowler Land Trust Easement would leave things as they are now and it would be a
stumbling block to get road access from the east into outlot A.
Mosman was concerned that outlot B stay as outlot B. She also asked how the sandy
soil in the area would be addressed. Dietz said a backyard drainage collection system is
generally used in these cases. He said it does necessitate the need to construct storm
sewer down the bluff, which is the only penetration into the wetland area. Dietz said
starting at the common line between Lots 17 and 18 and wrapping all the way around
the bluff side, there is a storm sewer system that will collect the backyard drainage and
convey it down that pipe in the southeast corner of the property. Dietz said it is not an
easy site, but the developer has done all that is expected with the silt fences and
protection and preservation of the slope. He said the plan previously went further down
the slope and the developer lost a number of lots to these kinds of concerns so that the
development could be kept towards the top of the bluff. He said there has been much
1J
CITY COUNCIL AGENDA
September 3, 2002
Page 6
negotiation and a lot of give and take about how it is being built, but it will have to be
done carefully.
The public was then invited to comment.
Tony Phillippi, who lives adjacent to the proposed development, said other properties
along the bluffs have deeded property to the City along the river, and he said it has not
been addressed here. He is concerned with erosion and outlot B, and added he was not
aware there were going to be buildable lots below the bluffs. In addition, he said he is
wondering why the stormwater is collected down the hill and not collecting it
internally.
Tyra -Lukens asked Neal to address the issue of outlot A dedication. Neal said Lambert
could address it more fully. Lambert said the difference between the development of
this property and other properties along the bluff is that the owner or developer on the
other sites have all owned property all the way to the river and the City was able to
dedicate a 150-foot strip. He said in this case, Hustad is retaining ownership, but if he
were to develop it, he would be required to dedicate a 150-foot strip along the river.
Dietz said there is an internal storm water pond and essentially all the paths from the
homes drain internally, but the back yards do drain away through the storm sewer along
the back lot line to a NURP pond. He said the main reason for not putting the NURP
pond at the bottom of the bluff is the lack of access and the disruption to the bluff that
would happen in order to do it. Dietz said it is anticipated that the City may need to
maintain some of these ponds.
Jelle said both Settlers Ridge and Hennepin Village have identical storm sewer systems
in the Riley Purgatory Watershed District with no heavy impact. He said his group is
doing so many things on this project — NURP ponding water quality, secondary
overflow system that will take large storm events, a third overflow system that will take
even larger storm events, and a rear yard berm. He said the reason for going down to
the river is elevation of some of the homes.
Tyra -Lukens expressed concerns about erosion and asked if this new storm water
drainage plan keeps the storm water on one side of the road. Dietz said it would. Tyra -
Lukens asked what possibilities there may be for outlot B and what is that acreage.
Neal said its 1.2 acres. Franzen said it cannot be determined at this point whether it's
one or two lots until there's a development plan.
Case asked if there would be a possibility of purchasing or trading for outlot B.
Lambert has no idea what the cost may be, but said it can be looked at and added to the
trail system as a possible overlook.
Mosman is concerned that outlot B is not necessarily protected and asked if it could
legally be protected without buying it.
Phillippi spoke again and said it's a rural lot that the City is allowing to be subdivided
here and the 1.2 acre site does not fit the minimum lot size for rural. Franzen said it's a
16
CITY COUNCIL AGENDA
September 3, 2002
Page 7
waiver of the lot size because it's a remnant piece because they're trying to keep
Riverview Road in its current alignment.
Rosow stated that if the proposal for development is not on the piece that the developer
owns, then if the owner of the outlots has requests, he does it with the knowledge that
the size does not meet the City code and variances would be required. He said the
owner would have to go through the process and meet all the conditions of the process.
MOTION: Case moved to close the Public Hearing and adopt Resolution No. 2002-
141 for PUD Concept Review on 34.73 acres; and approve lst Reading of Ordinance
No. 23-2002 for PUD District Review with waivers on 34.73 acres and Zoning
District Change from Rural to R1-13.5 on 18.07 acres, and adopt Resolution 2002-
142 for Preliminary Plat of 34.73 acres into 29 lots and 3 outlots; and and direct Staff
to prepare a Developer's Agreement incorporating Staff and Board recommendations
and Council conditions; and authorize Staff to issue a land alteration permit.
Butcher added a Council condition to continue the archaeological monitoring during
the initial grading and prior to construction on Lots 11-13 and Block 1. Case added a
condition to direct staff to explore how the conservation easements could be clearly
marked on deeds to these lots. Butcher said it needs to be better communicated
regarding rules and regulations for conservation easements. Case was also concerned
with what would happen to outlots once associations no longer exist.
Seconded by Mosman, motion carried 4-0.
VIII. PAYMENT OF CLAIMS
MOTION: Case moved, seconded by Butcher, to approve the Payment of Claims. The
motion was approved on a roll call vote, with Butcher, Case, Mosman, and Tyra -
Lukens voting "aye."
IX. ORDINANCES AND RESOLUTIONS
X. PETITIONS, REQUESTS AND COMMUNICATIONS
A. REQUEST TO CONSTRUCT TREE FORT IN CONSERVATION
EASEMENT AT 11623 LANDING ROAD
Brian Liebo, attorney for Hellmuth & Johnson, representing Andrew and Kathy
Washburn, presented photos of the partially constructed tree fort and said his clients
were not aware of the scenic and conservation easement at the time they constructed
the tree fort. He said they just want to finish the fort for their children's use. He said
they are not asking for a conservation easement amendment or the voiding or
cancellation of the easement; but they are strictly requesting written permission
pursuant to specific terms of the easement.
Liebo cited Section 2A and said the easement allows homeowners to come before the
Council to seek consent to use the easement by requesting written permission. He said
in this case, the Washburns are willing to have the written permission say that the
1-�
CITY COUNCIL AGENDA
September 3, 2002
Page 8
structure could only be there for 10 years.
Lambert said staff has followed the ordinance in regards to this issue. He cautioned
staff that there are 50 conservation easements in the City and there maybe some
increased interest in what is allowable in conservation easements with a series of
these kinds of requests. He said in the past, the majority of issues with conservation
easements were addressed after people have encroached and were clearly in violation
of ruining the resource. He this area also has a drainage and utility easement over it
because of the slopes there. He feels the most important thing at this point is
precedent.
Rosow gave the condition of the title of property. He stated the owners' policy of title
insurance clearly shows an easement for conservation purposes and identifies the
area. He said they purchased in June of 2001, and the easement was'filed in 1994.
Butcher said precedent matters and she is sensitive about going forward with doing
something that may bring others before the Council again. She asked if Council is
prepared to give licenses in conservation easements for playground equipment or
forts. She said Council has to be prepared to apply whatever is decided in this case to
everybody who comes forward who lives on the 50 conservation easements.
Case said although these people are not destroying or altering the land, there may be a
way for Council to be flexible without changing the policy. He proposed that staff
look at this and come up with something that would help these people without
creating a precedent.
Mosman said she would also like to have staff look at this.
Butcher asked how situations like these have been handled in the past. Lambert said
they have never been allowed, and if they are found, they are issued a letter giving a
certain amount of time that the owners are required to restore the area. Lambert said
the City has never told anybody that it's OK to do something in a conservation
easement. He said if it's found, it's removed; if it's destroyed, it's repaired. Butcher
said this is an important point to note.
Neal said the initial recommendation is that this not be approved; however, he would
accept the challenge of talking with residents to see if there is some method or
solution that would be a compromise for both parties.
Tyra -Lukens said she'd be agreeable to sending this back to staff because she's not
comfortable taking a major policy shift and possibly allowing it without a full
Council present for discussion.
Case noted if there's a way to make the situation have a punitive side to it, allowing
the structure to stay for a while with a date definite for removal, and make it not
desirable for others to follow this route. He said since there is no permanently altering
or destroying, that possibly making a staff exception at this level and making sure
there's no precedent issues, this could be considered.
In
CITY COUNCIL AGENDA
September 3, 2002
Page 9
Liebo recommended the Washburns enter into a contract with the City. He said the
document recorded against the property clearly allows them to ask for written
consent.
MOTION: Butcher moved to refer this matter back to Staff for further discussion
with the property owners. Seconded by Case, motion carried 4-0.
M. REPORTS OF ADVISORY BOARDS & COMMISSIONS
XII. APPOINTMENTS
A. APPOINTMENTS TO THE ARTS AND CULTURE COMMISSION
Neal stated that in March of 2002, five residents were appointed to the Arts & Cultural
Commission which has a 5 to 7 membership range. At the August Arts & Cultural
Commission meeting Freinde Mills announced that she and her family will be moving
to Minnetonka. Therefore, she has resigned her position on the Commission.
He said staff sent an email to resident artists and art contacts in Eden Prairie to notify
them of the opening. Three individuals applied for the commission. After reviewing
the applications, staff recommends that all three be appointed to the commission,
thereby bringing the commission to a full seven members.
Neal said all three applicants have backgrounds and interests in the arts as well as
being involved in the government process, and staff also believes that each one has
strengths they could provide the commission. Having a seven member commission
will also allow us to spread out the work more, better reach the public, and receive
more feedback and information from different view points.
He said Staff commends that Todd Persteiner be appointed to serve out Freinde Mills'
term, which would be held until 2005. Doug White and Steve Mosow would be
appointed to fill the 2003 and the 2004 terms. This would give us two one-year
members, three two-year members, and two three-year members.
MOTION: Butcher moved to appoint to the Arts & Culture Commission Todd
Persteiner for a term to expire 3/31/2005; Steve Mosow for a term to expire
3/31/2004; and Doug White for a term to expire 3/31/2003. Seconded by Case,
motion carried 4-0.
XIII. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
1. Discussion on the sample Smoke -Free Air Ordinance posted on the City's
website.
Case said the sample ordinance on the website has caused needless confusion
and he thinks it best to pull it and note there that it never was a proposed
ordinance, that it was simply a sample and Council is now in the stages of
CITY COUNCIL AGENDA
September 3, 2002
Page 10
drafting their own ordinance. In addition, Case noted that the issue of the
ordinance has always been an indoor air quality employee issue, and did not
include prohibiting smoking in outdoor areas.
Mosman supported taking the sample ordinance off the website and noted that
the Chamber quoted parts of the sample ordinance in information it sent out,
therefore creating a misunderstanding on their part also.
Case said he wants to let the public know that there does not yet appear to be a
consensus among Councilmembers on the issue.
Butcher suggested Neal contact the Chamber and let them know that Council
found it to be a bit misleading. She agreed that there is no sense of consensus
on this issue.
2. Update on Building Assets Together meeting.
Mosman said she will be the Council designee to go to the Building Assets
Together meeting. She said an assets survey was conducted of all 6th and 9th
graders and some loth, 1lth and 12th graders. She said they're looking at how
to fund another asset survey which shows a lot about students because the
population does change so much. She said they're looking at grants as well as
businesses and churches to be involved, and it may involve looking at a link to
the Eden Prairie website. She said a there will be a presentation this fall.
B. REPORT OF CITY MANAGER
1. Update of City's Strategic Plan
Neal stated the best time for updating the Strategic Plan would be after the
upcoming elections. They are looking in the January -February time period to
take a Council retreat to establish the plan.
2. Fire Chief Appointment
Neal announced the appointment of George Esbensen as the City's new fire
chief. He said he is currently assistant chief currently and will be Eden
Prairie's first career fire chief, and will start September 9. He said the
announcement was warmly received last week by the firefighters.
3. Public Safety Department
Neal advised the Council he was previously considering making
organizational changes to the Public Safety department, including establishing
a stand-alone Police Department and stand-alone Fire Department. He said
after talking about it with management staff, that is the direction that will be
taken. He said the timing is right because of the new fire chief appointment
and also the City will have a new police chief within 90 days.
CITY COUNCIL AGENDA
September 3, 2002
Page 11
C. REPORT OF PARKS AND RECREATION DIRECTOR
D. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF PUBLIC SAFETY DIRECTOR
G. REPORT OF MANAGEMENT AND BUDGET DIRECTOR
H. REPORT OF CITY ATTORNEY
XIV. OTHER BUSINESS
XV. ADJOURNMENT
MOTION: Case moved, seconded by Butcher, to adjourn the meeting. Motion carried
4-0. Mayor Tyra -Lukens adjourned the meeting at 8:54 p.m.
9,1
CITY COUNCIL AGENDA
DATE:
SECTION: Consent Calendar
September 17, 2002
ITEM DESCRIPTION:
SERVICE AREA/DIVISION:
Clerk's License Application List
ITEM NO.:
Police / C.O.P. Unit
A
Gretchen Laven
'
These licenses have been approved by the department heads responsible for the licensed activity.
Private Kennel
David Cameron - Dogs
-\- ;�, a
CITY COUNCIL AGENDA
DATE: 09/17/02
SECTION: Consent Agenda
SERVICE AREA/DIVISION:
ITEM DESCRIPTION:
ITEM NO.:
Community Development
$
Donald R. Uram
Hound Dog Pet Hotel
t
Scott A. Kipp
Requested Action
Move to:
• Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with
waivers and Zoning District Amendment within the Commercial Regional Service Zoning
District on 1.56 acres; and
• Adopt the Resolution for Site Plan Review; and
• Approve the Development Agreement for Hound Dog Pet Hotel
Synopsis
The proposal is for a 10,500 square foot pet hotel.
Attachments
1. Ordinance for PUD District Review with waivers and Zoning District Amendment
2. Resolution for Site Plan Review
3. Development Agreement
,-E
HOUND DOG PET HOTEL
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, NIINNESOTA
RESOLUTION NO.2002-
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR HOUND DOG PET HOTEL
BY HOUND DOG PET HOTEL, L.L.C.
WHEREAS, Hound Dog Pet Hotel, L.L.C., has applied for Site Plan approval on 1.56
acres for construction of a 10,500 square foot pet hotel within the Commercial Regional Service
Zoning District on 1.56 acres by an Ordinance approved by the City Council on September 17,
2002; and
WHEREAS, the Community Planning Board reviewed said application at a public
hearing at its July 8, 2002 meeting and recommended approval of said site plans; and
WHEREAS, the City Council has reviewed said application at a public hearing at its
August 6, 2002 meeting.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Hound Dog Pet
Hotel, L.L.C., for the construction of a 10,500 square foot pet hotel, based on plans dated July
23, 2002, between Hound Dog Hotel, L.L.C., and the City of Eden Prairie.
ADOPTED by the City Council of the City of Eden Prairie this 17th day of September,
►91I1A
Nancy Tyra -Lukens, Mayor
ATTEST:
Kathleen A. Porta, City Clerk
HOUND DOG PET HOTEL
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, NIINNESOTA
ORDINANCE NO.22-2002-PUD-15-2002
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, NIINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance (hereinafter, the
"land") is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be amended within
the Commercial Regional Service Zoning District 22-2002-PUD-15-2002 (hereinafter "PUD-15-
2002-C-Reg-Ser).
Section 3. The land shall be subject to the terms and conditions of that certain
Developer's Agreement dated as of September 17, 2002, entered into between Hound Dog Pet
Hotel L.L.C. and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The
Developer's Agreement contains the terms and conditions of PUD-15-2002-C-Reg-Ser, and are
hereby made a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD-15-2002-C-Reg-Ser is not in conflict with the goals of the Comprehensive
Guide Plan of the City.
B. PUD-15-2002-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-15-2002-C-Reg-Ser are justified by the design of the
development described therein.
D. PTJD-15-2002-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.
I
Section 5. The proposal is hereby adopted and the land shall be, and hereby is
amended within the Commercial Regional Service Zoning District and shall be included
hereafter in the Planned Unit Development PUD-15-2002-C-Reg-Ser, and the legal descriptions
of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B,
shall be and are amended accordingly.
Section 6. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled
"Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated
verbatim herein.
Section 7. This Ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
6th day of August, 2002, 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 17th day of
September, 2002.
ATTEST:
Kathleen A. Porta, City Clerk Nancy Tyra -Lukens, Mayor
PUBLISHED in the Eden Prairie News on
C
HOUND DOG PET HOTEL
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, NIINNESOTA
SUMMARY OF
ORDINANCE NO. 22-2002-PUD-15-2002
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, NIINNESOTA,
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
13013 Valley View Road within the Commercial Regional Service 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 A. Porta, City Clerk Nancy Tyra -Lukens, Mayor
PUBLISHED in the Eden Prairie News on the
(A full copy of the text of this Ordinance is available from City Clerk.)
�r4
PUD Legal Description — Hound Dog Pet Hotel
Lot 1, Block 1, PRAIRIE WASH ADDITION, Hennepin County Minnesota, according
to the recorded plat thereof.
QVc>.
DEVELOPMENT AGREEMENT
HOUND DOG PET HOTEL
THIS AGREEMENT is entered into as of September 17, 2002, by Hound Dog Pet Hotel, L.L.C.,
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 1.56 acres,
Planned Unit Development District Review with waivers on 1.56 acres, Zoning District Amendment within the
Commercial Regional Service Zoning District on 1.56 acres, and Site Plan Review on 1.56 acres, legally described
on Exhibit A (the "Property");
NOW, THEREFORE, in consideration of the City adopting Resolution No. 2002-134 for
Planned Unit Development Concept Review, Ordinance No. for Planned Unit
Development District Review and Zoning District Amendment within the Commercial Regional
Service Zoning District on 1.56 acres, and Resolution No. for Site Plan Review,
Developer agrees to construct, develop and maintain the Property as follows:
1. PLANS: Developer shall develop the Property in conformance with the materials revised
and stamp dated July 23, 2002, reviewed and approved by the City Council on August 6,
2002, (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
al
forth in Exhibit C.
3. ACCESS PERMIT: Prior to building permit issuance, Developer shall obtain, from
Hennepin County, a permit for access to Valley View Road, and provide a copy of said
permits to the City Engineer.
4. CROSS ACCESS AND MAINTENANCE AGREEMENT: Prior to issuance of the first
building permit for the Property, the Developer shall grant cross access and provide a
maintenance agreement regarding cross access to Lots 1 & 2, Block 1, Minnesota Tree
Third Addition, Lot 1, Block 1, Minnesota Tree Second Addition and Lot 1, Block 2,
Minnesota Tree Fourth Addition, the form of which must be approved by the City
Engineer. This Agreement shall address joint vehicle access and maintenance of driveways
across the Property. All of these facilities shall be privately owned and maintained by the
Developer or Owner.
Prior to the issuance of any building permit for the Property, Developer shall submit to the
City Engineer proof that the cross access and maintenance agreement has been recorded in
the Hennepin County Recorder's Office/Registrar of Titles' Office.
5. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: hi the event of a
violation of City Code relating to use of the Land construction thereon or failure to fulfill an
obligation imposed upon the Developer pursuant to this Agreement, City shall give 24 hour
notice of such violation in order to allow a cure of such violation, provided however, City
need not issue a building or occupancy permit for construction or occupancy on the Land
while such a violation is continuing, unless waived by City.
The existence of a violation of City Code or the failure to perform or fulfill an obligation
required by this Agreement shall be determined solely and conclusively by the City Manager
of the City or a designee.
6. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall
release, defend and indemnify City, its elected and appointed officials, employees and agents
from and against any and all claims, demands, lawsuits, complaints, loss, costs (including
attorneys' fees), damages and injunctions relating to any acts, failures to act, errors,
omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and
agents. Developer shall not be released from its responsibilities to release, defend and
indemnify because of any inspection, review or approval by City.
7. EXTERIOR MATERIALS: Prior to building permit issuance, Developer shall submit to
the City Planner, and receive the City Planner's written approval of a plan depicting exterior
materials and colors to be used on the buildings on the Property.
Prior to issuance of any occupancy permit for the Property, Developer shall complete
implementation of the approved exterior materials and colors plan in accordance with the
terms and conditions of Exhibit C, attached hereto.
8. GRADING, DRAINAGE, AND EROSION CONTROL 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, wetland buffer strips,
wetland buffer monument locations, water quality ponds, storm water detention areas
and other items required by the application for and release of a land alteration permit.
All design calculations for storm water quality and quantity together with a drainage
area map shall be submitted with the final grading and drainage plan. Prior to release
of the grading bond, Developer shall certify to the City that the water quality pond
conforms to the final grading plan.
Developer shall employ the design professional who prepared the final grading plan.
The design professional shall monitor construction for conformance to the approved
final grading plan and City erosion control policy. The design professional shall
provide a final report to the City certifying completion of the grading in conformance
the approved final grading plan and City erosion control policy.
B. EROSION CONTROL PLAN: Prior to issuance of a land alteration permit,
Developer shall submit to the City Engineer and obtain City Engineer's written
approval of an erosion control plan for the Property. The erosion control plan shall
include all boundary erosion control features, temporary stockpile locations and turf
restoration procedures: All site grading operations shall conform to the City's
Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof.
Prior to release of the grading bond, Developer shall complete implementation of the
approved plan.
Developer shall remove any sediment that accumulates in the existing and/or
proposed sedimentation pond during construction. Upon request by the City,
Developer shall provide preconstruction and post construction surveys for evaluation
by City.
9. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City
Planner's written approval of a plan for irrigation of the landscaped areas on the Property.
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 irrigationplan in accordance with
the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the
Property.
10. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to the
31
City Planner and receive the City Planner's written approval of a final landscape plan for the
Property. The approved landscape plan shall be consistent with the quantity, type, and size
of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the
City Planner and receive the City Planner's approval of a landscape bond equal to 150% of
the cost of said improvements as required by City Code.
Prior to issuance of any occupancy permit for the Property, Developer shall complete
implementation of the approved landscape plan in accordance with the terms and conditions
of Exhibit C.
11. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City
Planner, and receive the City Planner's written approval of a plan for screening of mechanical
equipment on the Property. For purposes of this paragraph, "mechanical equipment"
includes gas meters, electrical conduit, water meters, and standard heating, ventilating, and
air-conditioning units. Security to guarantee construction of said screening shall be included
with that provided for landscaping on the Property, in accordance with City Code
requirements. Developer shall complete implementation of the approved plan prior to
issuance of any occupancy permit for the Property.
If, after completion of construction of the mechanical equipment screening, it is determined
by the City Planner, in his or her sole discretion, that the constructed screening does not meet
the Code requirements to screen mechanical equipment from public streets and differing,
adjacent land uses, then the City Planner shall notify Developer and Developer shall take
corrective action to reconstruct the mechanical equipment screening in order to cure the
deficiencies identified by the City Planner. Developer agrees that the City will not release
the security provided until Developer completes all such corrective measures.
12. 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.
13. PRIVATE UTILITIES EASEMENT AND MAINTENANCE AGREEMENT: A private
easement and maintenance agreement will be required for the proposed private utilities
(sanitary sewer and water) shown to be constructed over a portion of Lot 1, Block 1,
Minnesota Tree Third Addition. The easement and maintenance agreement shall grant an
easement for these private utilities and address construction and maintenance. All of these
facilities shall be privately owned and maintained by the Owner of Lot 1, Block 1,
Minnesota Tree Third Addition.
Prior to issuance of the first building permit for the Property, Developer shall submit to the
City Engineer proof that the utility easement and maintenance agreement has been recorded
in the Hennepin County Recorder's Office/Registrar of Titles' Office.
-7C-,)
14. PROOF OF PARKING SPACES: Developer and City acknowledge that the 19 proof of
parking spaces proposed for the Property, depicted in the Plans, are not required to be
constructed at this time.
At such time as the City Manager, in his or her sole discretion, determines that it is necessary
for all or a portion of the proof of parking spaces to be constructed in order to accommodate
the use, the City Manager shall notify the Developer in writing of the need to construct
additional proof of parking spaces. This notification shall include the number, location and
timetable for construction of the additional proof -of -parking spaces. Developer shall comply
with all requirements contained in the City Manager's notification.
15. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code
requirements within the Commercial Regional Service Zoning District through the Planned
Unit Development District Review for the Property and incorporates said waivers as part of
PUD
A. Front yard setback to parking of 20 feet. City Code requires 35 feet.
B. Wetland buffer width of 15 feet. City Code requires 25 feet.
C. 21% of structure within the 15-foot structure setback (outdoor kennels only). City
Code permits up to 10%.
16. RETAINING WALLS: Prior to issuance by the City of any permit for grading or
construction on the Property, Developer shall submit to the Chief Building Official, and
obtain the Chief Building Official's written approval of detailed plans for the retaining walls
identified on the grading plan in the Plans.
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.
17. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City
Code, Section 11.70, Developer shall file with the CityPlanner andreceive the CityPlanner'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.
18. 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
-�53
Property. All pole lighting shall consist of downcast shoebox fixtures not to exceed 30 feet
in height. Developer shall complete implementation of the approved lighting plan prior to
issuance of any occupancy permit for the Property.
19. STREET PLANS: Concurrent with the development of the Property the Developer shall
be responsible for the construction of a right turn lane from Valley View Road to the
access on the east end of the Property, the relocation of the trail on the south side of Valley
View Road, and the access improvements depicted in the Plans. The Developer shall also
be responsible for closing the access to Valley View Road on the west end of the property.
Prior to issuance by the City of any permit for the construction of the turn lane, trail
relocation, east side access and closure of the westerly drive for the Property, the
Developer shall submit construction plans to and receive written approval from both the
City and Hennepin County. The construction plans shall be consistent with both City and
Hennepin County standards. The Developer is responsible for obtaining all necessary
permits and approvals from Hennepin County.
Prior to the issuance of a certificate of occupancy, the Developer shall either complete
access improvements described above, or provide a development bond securing the
construction of the improvements. Said improvements shall be completed no later than
July 1, 2003.
The Developer is responsible for providing a qualified engineer to provide daily
inspection, certify completion in conformance to approved plans and specifications and for
recording record drawings.
A permit fee of five percent of construction value shall be paid to City by Developer.
20. TRAIL EASEMENT: The construction of the right turn lane will require relocation of
the trail on the south side of Valley View Road on to the Property. Prior to the issuance of
the first building permit for the Property, the Developer shall convey a trail easement
(Exhibit E) of sufficient width to accommodate the relocated trail along the north side of
the Property and provide proof to the City Engineer that the trail easement has been
recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office.
21. TRASH ENCLOSURE: Developer shall submit to the City Planner, and obtain the City
Planner's written approval of a plan for the design and construction of the outside trash
enclosure for the Property. This trash enclosure shall be constructed with face brick to match
the building, and heavy-duty steel gates that completely screen the interior of the enclosure.
Developer shall complete implementation of the trash enclosure plan prior to issuance of any
occupancy permit for the Property.
22. WETLAND PLAN: Prior to release of the final plat for any portion of the Property,
Developer shall submit to the Environmental Coordinator and receive the Environmental
Coordinator's approval of a Wetland Plan. 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 Vegetation Evaluation:
Developer shall submit to the City a Wetland Buffer Strip Vegetation Evaluation
Report ("Buffer Report") and Wetland Delineation Report in accordance with the
Wetland Plan and City Code requirements prior to release of the final plat for any
portion of the Property. If the Buffer Report identifies any unacceptable vegetation
or other conditions, the 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. If Landscaping of
the 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 buffer strip vegetation complies with all City requirements within 30
days of completion of the Landscaping of the wetland buffer strip.
Prior to release of the final plat for any portion of the Property, Developer shall
submit a signed contract with a qualified wetland consultant, as determined by the
City Manager and/or designee, for preparation of annual Buffer Reports that evaluate
the condition of the wetland(s) and wetland buffer strip(s). The Buffer Reports shall
be submitted no later than November 1 of the calendar year in which the buffer
evaluation is required. The Buffer Reports shall provide an action plan and proposed
cost for correction of any problems identified. The final Buffer Report shall be
submitted two full growing seasons following completion of the development and
shall evaluate the wetland and wetland buffer strip to determine if the wetland and
wetland buffer strip remain in compliance with all City requirements. If any
unacceptable conditions or vegetation are identified within the Buffer Reports, the
Developer shall correct the area(s) identified within 90 days of submission of the
Buffer Report.
B. Conservation Easement: Prior to release of the final plat or building permit
issuance for any portion of the Property, Developer shall submit a Conservation
Easement (Exhibit F) for review and written approval by the Environmental
Coordinator, for the area delineated on the Plans.
Prior to release of the first building permit for the Property, Developer shall submit
evidence to the Environmental Coordinator that the approved Conservation Easement
has been filed in the Hennepin County Recorder's/Registrar of Titles' Office.
C. Wetland Buffer Strip Monuments: Prior to release of the final plat or building
permit issuance for any portion of the Property, Developer shall install all wetland
buffer strip monuments for the property. Wetland buffer strip monument locations
shall be shown on the final grading plan and final plat. The post shall be a
fiberglass reinforced composite post with a maximum size of 4 inch by 4 inch (4" x
4") that states "Wetland Buffer: No Mowing Allowed". The post shall be
15
mounted to a height of a minimum of four feet above grade set at least 42 inches in
the ground. The bottom of the post must be fitted with an anchor attachment that
would expand upon attempted removal. Removal of the wetland buffer strip
monuments is prohibited.
D. Wetland Performance Bond: Developer shall furnish to the Environmental
Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan
performance bond, cash escrow, or letter of credit with a corporation approved by the
City Manager or other guarantee acceptable to the City Manager 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 performance bond, cash escrow, letter of credit or other guarantee shall
cover costs associated with the Wetland Plan during development and for two full
growing seasons following completion of the development.
IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be
executed as of the day and year aforesaid.
DEVELOPER
Hound Dog Pet Hotel, L.L.C.
By
David O. Hansen
Its Principal Partner
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
CITY OF EDEN PRAIRIE
Nancy Tyra -Lukens, Mayor
Scott H. Neal, City Manager
The foregoing instrument was acknowledged before me this day of , 2002,
by Nancy Tyra -Lukens and Scott H. Neal, 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 , 2002, by
David O. Hansen, the principal partner, of Hound Dog Pet Hotel, L.L.C., a Minnesota limited
liability corporation, on behalf of the corporation.
Notary Public
rem
�0
DEVELOPMENT AGREEMENT - HOUND DOG PET HOTEL
Legal Description
Lot 1, Block 1, PRAME WASH ADDITION, Hennepin County Minnesota, according to the
recorded plat thereof.
3
104*4 o"'13
DEVELOPMENT AGREEMENT - HOUND DOG PET HOTEL
Plans
Certificate of Survey dated 5/10/02 by James R. Hill, Inc.
Site Plan dated 7/22/02 by James R. Hill, Inc.
Grading, Drainage, and Erosion Control Plan. dated 7/22/02 by James R. Hill, Inc.
Utility Plan dated 7/22/02 by James R. Hill, Inc.
Civil Details Plan dated 7/02/02 by James R. Hill, Inc.
Landscape Plan dated 7/22/02 by James R. Hill, Inc.
Floor Plan not dated by AE Architecture
Elevations Plan dated 6/26/02 by AE Architecture
DEVELOPMENT AGREEMENT - HOUND DOG PET HOTEL
I. Prior to release of any building permit, Developer shall submit to the City Engineer for
approval two copies of a development plan (1" =100' scale) showing existing and proposed
contours, proposed streets, and lot arrangements and size, minimum floor elevations on each
lot, preliminary alignment and grades for sanitary sewer, water main, and storm sewer,100-
year, flood plain contours, ponding areas, tributary areas to catch basins, arrows showing
direction of storm water flow on all lots, location of walks, trails, and any property deeded to
the City.
II. Developer shall submit detailed construction and storm sewer plans to the Watershed District
for review and approval. Developer shall follow all rules and recommendations of said
Watershed District.
III. Developer shall pay cash -park fees as to all of the Property required by City Code in effect as
of the date of the issuance of each building permit for construction on the property.
Presently, the amount of cash park fees applicable to the Property is $6,600 per acre. The
amount to be paid by Developer shall be increased or decreased to the extent authorized
pursuant to the City Code to require a greater or lesser amount as of the date of the issuance
of any 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 PUD, Zoning Amendment, or Site 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 owners, their
successors, and their assigns of the Property herein described.
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:
Eden Prairie Auto Properties
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. 11513.0 1, et.
seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as
"Hazardous Substances");
C. That Developer has not allowed any other person to use, employ, deposit, store,
dispose of, place or otherwise have, in or on the Property, any Hazardous Substances.
D. That no previous owner, operator or possessor of the Property deposited, stored,
disposed of, placed or otherwise allowed in or on the Property any hazardous
substances.
Developer agrees to indemnify, defend and hold harmless City, its successors and assigns,
against any and all loss, costs, damage and expense, including reasonable attorneys fees and
costs that the City incurs because of the breach of any of the above representations and
warranties and/or resulting from or due to the release or threatened release of Hazardous
Substances which were, or are claimed or alleged to have been, used, employed, deposited,
stored, disposed of, placed, or otherwise located or allowed to be located, in or on the
Dedicated Property by Developer, its employees, agents, contractors or representatives.
VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11,
Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City
ordinances affecting the development of the Property. Developer agrees to develop the
Property in accordance with the requirements of all applicable City Code requirements and
City Ordinances.
IX. Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years'
street lighting on the public streets adjacent to the Property (including installation costs, if
any, as determined by electrical power provider), engineering review, and street signs.
X. Developer shall submit detailed water main, fire protection, and emergency vehicle access
plans to the Fire Marshal for review and approval. Developer shall follow all the
recommendations of the Fire Marshal.
M. 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,
ZII
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 femedy. 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
Time Warner Cable, a Minnesota Limited Partnership, the franchisee under the City's Cable
Communication Ordinance (80-33) of the development contemplated by this Developer's
Agreement. Notice shall be sent to Time Warner Cable, 801 Plymouth Avenue North,
Minneapolis, Minnesota 55411.
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, existing structures, walls 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.
XV1II. Prior to issuance of the first building permit for the Property, Developer shall permanently
demarcate the location of the boundary of the conservation easement on each lot property
line or corner with permanent four -foot tall posts. A 2 %2 by 6 inch sign or decal reading
"Scenic/Conservation Easement Boundary, City of Eden Prairie", willbe affixed to the top of
the post.
Z—J-D-
EXHIBIT D
DEVELOPMENT AGREEMENT - HOUND DOG PET HOTEL
EROSION CONTROL POLICY - AUGUST 1,1997
l . All construction projects permitted by the City of Eden Prairie which results in the temporary
disturbance of vegetative or non -vegetative surfaces protecting soils from erosion require the
use of Best Management Practices (BMP's) as outlined in the Minnesota Pollution Control
Agency's manual, Protecting Water Quality in Urban Areas, to mitigate the impact of erosion
on wetland and water resources. The City Engineer or the Director of Inspections may
impose special conditions to permits which stipulate erosion control procedures and/or direct
the installation of erosion control features or the clean up of erosion at construction sites.
Permits affected by this policy include all grading permits, building permits, and permits for
the installation of utilities.
2. All erosion control systems stipulated in the permit application shall be installed prior to the
issuance of the permit. Supplemental erosion control systems ordered by the City Engineer
or the Director of Inspections shall be installed within 48 hours of that order.
3. The applicant must maintain all erosion control systems in a functional condition until the
completion of turf and/or structural surfaces, which protect the soil from erosion. The
applicant must inspect erosion control biweekly and immediately after each rainfall event of
.5 inches or more. Needed maintenance shall be performed within 48 hours.
4. Best Management Practices (BMP's) shall be utilized at all construction sites to minimize the
trackage or spillage of soil on public streets or highways. BMP's may include, but are not
limited to, rock construction entrances, washing stations, frequent cleaning of streets adjacent
to the construction site or limiting operations when site conditions are unmanageable.
Trackage or spillage of soil on a public street or highway must be cleaned bypower sweepers
within the time frame stipulated in the permit special conditions or as ordered by the City
Engineer or the Director of Inspections.
5. If erosion breaches the perimeter of a construction site, the applicant shall immediately
develop a clean up and restoration plans, obtain the right -of -entry from the adjoining
property owner, and implement the clean up and a restoration plan within 48 hours of
obtaining the adjoining property owner's permission. In the event eroded soils enter onto or
are tracked or spilled on a public street, highway, sidewalk or trail, the applicant shall remove
the soil material and thoroughly sweep the street or sidewalk surface within four hours. If
eroded soils enter, or entrance appears imminent, into wetlands or other water bodies, clean
up and repair shall be immediate. The applicant shall provide all traffic control and flagging
required to protect the traveling public during the clean up operations.
6. When an applicant fails to conform to any provision of this policy within the time stipulated
in a written notification, the City may take the following actions:
y3
a. Withhold the scheduling of inspections and/or the issuance of a Certificate of
Occupancy or other approvals.
b. Direct the correction of the deficiency by City personnel or separate contract.
C. Withhold the issuance of building permits
d. At its option, institute and prosecute an action to enjoin violations of this Agreement
and/or an action to specifically enforce performance of this Agreement
The issuance of a permit constitutes a right -of -entry for the City or its contractor to enter
upon the construction site for the purpose of correcting deficiencies in erosion control.
All costs, including but not limited to, attorneys' fees and engineering fees incurred by the
City in correcting erosion control deficiencies or enforcing this policy shall be reimbursed by
the applicant. All invoices for erosion control correction shall be due and payable within 30
days. Invoices not paid within 30 days shall accrue interest at a rate of 1 % per month or the
highest legal rate.
Each charge for correction of erosion deficiencies shall be a lien upon the property to which
the permit applies. Invoices more than 30 days old on September 30 or any year or on any
other date as determined by the City Engineer or the Director of Inspections maybe assessed
against the property. As a condition of the permit, the owner shall waive notice of any
assessment hearing to be conducted by the City, concur that the benefit to the property
exceeds the amount of the proposed assessment and waive all rights by virtue of Minnesota
Statute 429.081 or otherwise to challenge the amount or validity of the assessment.
I, We, The Undersigned, hereby accept the terms and conditions of the Erosion Control Policy dated
August 1, 1997 as set forth and agree to fully comply therewith, to the satisfaction of the City of
Eden Prairie, Minnesota.
Owner's Signature
DEVELOPMENT NAME:
OWNER INFORMATION OWNER (PRINT):
ADDRESS
CITY STATE ZIP
Applicant's Signature
Lot: Block:
ill
WAnNIIIV
DEVELOPMENT AGREEMENT — HOUND DOG PET HOTEL
Trail Easement
Hound Dog Pet Hotel, L.L.C. ("Grantor") hereby grants and conveys this day of
, 2002, to City of Eden Prairie ("Grantee") an easement ("Easement") for the following
uses and purposes and subject to the following terms and conditions on, over, under, and across
under real property in the County of Hennepin, State of Minnesota, described in Exhibit A
attached and made a part here of. ("Easement Parcel")
1. Uses and Purposes. The Easement shall be for the following purposes and uses of
the Easement parcel:
A. To construct, maintain and replace a trail;
B. For pedestrian travel by the public in or on non -motorized vehicles;
C. For travel by the public in or on motorized vehicles authorized by Grantee;
D. To remove, cut and trim trees, shrubs and vegetation.
2. Nonexclusive. The Easement shall be nonexclusive, provided however, the
Easement shall be paramount and superior to any other easement. Any other
easement shall be subject and subordinate to, and shall not interfere with, the
Easement without the consent, in writing, of Grantee.
3. Duration of Easement. The Easement shall be perpetual, shall run with the
land and shall be binding upon Grantor and Grantor's heirs, successors and
assigns and shall be for the benefit of Grantee, its successors and assigns.
4. Grantor covenants that Grantor is the record Fee Owner of the Easement Parcel,
holds the legal and equitable title thereto, free and clear of all mortgages, liens
and encumbrances, except the
holder(s) of which has/have agreed in writing to the Easement pursuant to the
attached consent(s) and has lawful right and authority without restriction to
grant and convey the Easement.
L15
IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be
executed as of the day and year aforesaid.
GRANTOR
Hound Dog Pet Hotel, L.L.C.
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
CITY OF EDEN PRAIRIE
Nancy Tyra -Lukens, Mayor
Scott H. Neal, City Manager
The foregoing instrument was acknowledged before me this day of ,
2002, by Nancy Tyra -Lukens and Scott H. Neal, 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 , 2002, by
David O. Hansen, the principal partner, of Hound Dog Pet Hotel, L.L.C., a Minnesota limited
liability corporation, on behalf of the corporation.
Notary Public
of
DEVELOPMENT AGREEMENT — HOUND DOG PET HOTEL
Conservation/Scenic Easement
THIS EASEMENT AGREEMENT is made this day of , 2002 by
and between Hound Dog Pet Hotel, L.L.C., a Minnesota limited liability corporation, hereinafter
referred to as "Grantor," and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation,
hereinafter referred to as "City";
WHEREAS, Grantor is the fee owner of land located in Hennepin County, Minnesota, more
fully described in Exhibit A, attached hereto and made a part hereof, and said land hereinafter
referred to as "the Property"; and,
WHEREAS, Grantor has marketable title to the Property, free and clear of all liens,
mortgage, and encumbrances, except:
WHEREAS, Grantor and City wish to enter into an agreement which will grant to the City a
conservancy/scenic easement for conservation and preservation of the terrain and vegetation, and to
prohibit certain destructive acts thereon, over that portion of the subdivision as described in Exhibit
A, 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:
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
Removal Plan. No vegetation cutting, fertilizer application or placement of
turfgrass, such as Kentucky bluegrass, shall occur within the Easement Area.
W
B. Wetland buffer monuments must be placed at the boundaries of the wetland
buffer strip as shown on Exhibit B. Removal of the wetland buffer strip
monuments is not allowed.
C. No building, road, sign, billboard, utility, or other structures shall be placed
in the Easement Area without the prior written consent of City.
D. No trash, waste, or other offensive material, soil, or landfill shall be placed
upon or within the Easement Area without the prior written consent of the
City.
E. No change in the general topography of the Easement Area landscape,
including, but not limited, to excavation, dredging, movement, and removal
or placement of soil, shall be allowed within the Easement Area without the
prior written consent of the City.
F. Grantor may, no more than once per calendar year, remove sediment caused
by stormwater drainage into a stormwater ponding area. Any removal of
sediment must be pre -approved in writing by the City and be in accordance
with City 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,
IN
costs, damage and expense, including reasonable attorneys 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 maintain the Easement Area subj ect to the provisions stated herein.
5. The duration of this easement is perpetual and shall bind and inure to the benefit of
the parties, their successors, and assigns.
6. Nothing contained herein shall impair any right of City now held or hereafter
acquired to construct or maintain public utilities in or on the Easement Area.
IN VVITNESS VVHEREOF, the parties to this Agreement have caused these presents to be
executed as of the day and year aforesaid.
GRANTOR
Hound Dog Pet Hotel, L.L.C.
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
CITY OF EDEN PRAIRIE
Nancy Tyra -Lukens, Mayor
Scott H. Neal, City Manager
The foregoing instrument was acknowledged before me this day of , 2002,
by Nancy Tyra -Lukens and Scott H. Neal, 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 , 2002, by
David O. Hansen, the principal partner, of Hound Dog Pet Hotel, L.L.C., a Minnesota limited
liability corporation, on behalf of the corporation.
Notary Public
C:�D
OWNERS' SUPPLEMENT TO
DEVELOPMENT AGREEMENT BETWEEN
HOUND DOG PET HOTEL L.L.C.
AND THE CITY OF EDEN PRATRIIE
THIS AGREEMENT, made and entered into as of September 17, 2002, by and between
Eden Prairie Auto Properties, a Minnesota corporation, ("Owner"), and the CITY OF EDEN
PRAIRIE ("City"):
For, and in consideration of, and to induce City to adopt Resolution No. 2002-134 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, and Resolution
No. for Site Plan Review, as more fully described in that certain Development Agreement
entered into as of September 17, 2002, by and between Hound Dog Pet Hotel, L.L.C., a Minnesota limited
liability corporation, and City ("Development Agreement"), Owner agrees with City as follows:
If Hound Dog Pet Hotel, L.L.C., 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. 2002-134 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, and 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 shall be binding upon and enforceable against Owner, its
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.
51
IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to
be executed as of the day and year aforesaid.
By
Its
By
Its
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
CITY OF EDEN PICAIRI
Nancy Tyra -Lukens, Mayor
Scott H. Neal, City Manager
The foregoing instrument was acknowledged before me this day of
, 2002, by Nancy Tyra -Lukens and Scott H. Neal, 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
, 2002, by , the
Prairie Auto Properties, a Minnesota corporation, on behalf of the corporation.
Notary Public
day of
of Eden
me
OWNERS SUPPLEMENT
Legal Description
Lot 1, Block 1, PRARUE WASH ADDITION, Hennepin County, Minnesota, according to the
recorded plat thereof.
Sj
CITY COUNCIL AGENDA
DATE:
September 17, 2002
SECTION: Consent Calendar
SERVICE AREA✓DIVISION:
ITEM DESCRIPTION:
ITEM NO.:
Public Works
Final Plat Approval of Welters Trailhead
C
Engineering Services
•
Randy Slick/
Eugene A. Dietz
Requested Action
Move to: Adopt the resolution approving the final plat of Welters Trailhead
Synopsis
This proposal is located at 9630 Crestwood Terrace. The plat consists of 5.22 acres to be divided
into four single family lots, right-of-way dedication for street purposes and one outlot.
Background Information
The preliminary plat was'approved by the City Council'June 6, 2000. Second Reading of the
Rezoning Ordinance and final approval of the Developer's Agreement was completed on July
18, 2000.
The resolution includes a variance to City Code 12.20 Subd.2.A waiving the requirement for
final plat approval within six months of preliminary plat approval.
Approval of the final plat is subject to the following conditions:
• Receipt of engineering fee in the amount of $300.00
• Receipt of street lighting fee in the amount of $430.11
• Prior to release of the final plat, Developer shall provide to the City a current title
insurance policy insuring such a condition of title
• Execution of Special Assessment Agreement for trunk utility improvements
• Execution of Special Assessment Agreement for lateral and street utility
improvements
• The requirements as set forth in the Developer's Agreement
• Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of-
ways certified by surveyor
• Revision to plat to include lot frontages for Lots 1 and 2 must be at least 76 feet per
waiver granted
• Prior to release of final plat, Developer shall submit a Conservation Easement over
Outlot A
• Prior to release of final plat, Developer shall submit a Trail Easement over Outlot A
Attachments
Drawing of final plat
CITY OF EDEN PRAIRIE
]HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION APPROVING FINAL PLAT OF
WHEREAS, the plat of Welters Trailhead has been submitted in a manner required for platting
land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes
and all proceedings have been duly had thereunder, and
WHEREAS, said plat is in all respects consistent with the City plan and the regulations and
requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council:
A. Plat approval request for Welters Trailhead is approved upon compliance with the
recommendation of the City Engineer's report on this plat dated September 17, 2002.
B. Variance is herein granted from City Code 12.20 Subd. 2.A. waiving the six-month
maximum time lapse between the approval date of the preliminary plat and filing of
the final plat as described in said engineer's report.
C. That the City Clerk is hereby directed to supply a certified copy of this resolution to
the owners and subdivision of the above named plat.
D. That the Mayor and City Manager are hereby authorized to execute the certificate of
approval on behalf of the City Council upon compliance with the foregoing
provisions.
ADOPTED by the Eden Prairie City Council on September 17, 2002.
ATTEST:
Kathleen A. Porta, City Clerk
Nancy Trya-Lukens, Mayor
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II
CITY COUNCIL AGENDA
ATE:
September 17,2002
SECTION: Consent Calendar
SERVICE AREA/DIVISION:
ITEM DESCRIPTION:
MM NO.:
blic Works/Fleet Services
Award Contract for Fuel Island Canopy at Maintenance
Cliff Cracauer
Facility 15150 Technology Drive
,
ene Dietz
Requested Action:
Move to: Award contract for Fuel Island Canopy in the amount of $24,080.00 to Westside
Equipment.
Synopsis:
Sealed quotes were received August 23, 2002 for the Maintenance Facility Fuel Island Canopy.
A summary of quote results is attached.
Background Information:
The Fuel Island Canopy was originally part of the 1997 Maintenance Facility construction
plan. The canopy and an elevator for the building were removed from the project due to
budget constraints. The elevator is in the 6 year C.I.P. and the Fuel Island Canopy is in Fleet
Services General Fund Budget for 2002. The budgeted amount for the canopy is $ 16,000.00,
which was based on information provided by a supplier who is no longer in business. The two
quotes received are from the only remaining vendors servicing our area. The $8,000.00
difference will be paid from the 2002 Fleet Services Operating budget. The Fuel Island Canopy
will provide weather protection and better lighting for the fueling of equipment during
inclement weather and at night. Staff recommends award of the contract to Westside
Equipment in the amount of $24,080.
Attachments:
Summary of Quotes
Maintenance Facility Fuel Island Canopy
Summary of Quotes
Westside Equipment $24,040.00
Zahl-Petroleum Maintenance Company $29,995.20
M
CITY COUNCIL AGENDA
DATE:
September 17, 2002
SECTION: Consent Calendar
SERVICE AREA/DIVISION:
ITEM DESCRIPTION:
ITEM NO.:
Public Works Servic , J
Approve Two -Year Maintenance Agreement
Eugene A. Dietz
with Honeywell
Requested Action
Move to: Approve a two-year Maintenance Agreement with Honeywell for maintenance
of the automation and control systems for the Water Utility in an amount of
$40,320.00 per year.
Synopsis
This Agreement will continue a long-term relationship with Honeywell for preventative
maintenance and repair of the automation and control systems in the Water Utility. The two-year
agreement would actually be effective September 1 and run through August 31, 2003. The
annual cost is $40,320.00.
Background Information
Over the years, we have utilized other vendors to perform the preventative maintenance and
repairs to our control systems at the Water Plant with mixed success. Honeywell has provided
both the stability and prompt service delivery that is extremely valuable in the operation of the
Water Utility. Staff recommends approval of the two-year extension for Honeywell to perform
the maintenance to our control systems.
Attachments
Agreement
ED
Honeywell
Z Automation & Control Solutions
Honeywell
7171 Ohms Lane AUTOMATION & CONTROL SOLUTIONS
Edina, MN 55439 2115
DATE: August 20, 2002 REFERENCE
TO: Eden Prairie Utilities YOUR P. O. # 13726
14100 Technology Drive Dated: 8/4/00
Eden Prairie, MN 55344
ATTN: Mr. Ed Sorensen
NOTICE OF CHANGE.TO
SERVICE AGREEMENT
AGREEMENT #: 9522 EFFECTIVE DATE: 9/l/02
PROJECT #: 47574 ANNIVERSARY DATE: 9/l/02
REASON FOR REVISION: 1) Renewal of Maintenance Agreement on 9/l/02 anniversary
with price adjustment due to increase in our prevailing rates. _
2) Proposed Option 1 to renew for another 2-year period.
3) Proposed Option 2 to renew for another 2-year period and add
one (1) additional day per month for SCADA Preventative Maint.
Option 1 Oration 2
9/1/02-8/31/03 9/1/02-8/31/03
CURRENT ANNUAL PRICE:' $ 26,820 $ 26,820.
PRICE OF CHANGE: $ + 840. $ 13,500.
REVISED ANNUAL PRICE: $ 27,660. $ 40,320.
Invoice will be issued quarterly for: $ 6,915. $ 10,080.
Please initial box for renewal choice.: r- r
OPTION 1— Initial box for 2-year renewal period. Above price will be for
2nd year based upon no changes in system's hardware configuration.
OPTION 2 — Initial box for 2-year renewal period and one (1) additional
day per month for SCADA Preventative Maint. Above price will be held
for 2nd year based upon no changes in system's hardware configuration.
If you are in agreement with this price, changes and attached agreement schedules, please sign below
and return along with a revised or new Purchase Order to our Edina, MN office.
APPROVED BY:
Eden Prairie Utilities
14100 Technology Drive
Eden Prairie, MN 55344
SIGNATURE:
NAME: NancyTyra—LukensScott
H. Nee
DATE:
FROM:
Honeywell, Automation & Control Solutions
7171 Ohms Lane
Edina., MN 55439
nA- j
1 Dana H. Miron
TITLE:.
Renewal Specialist
Mailed date:
New / Revised PO: Honeywell receiptlapproval date:
Tax certificate exemption number: RS:
Credit, Debit, Procurement Card number:
THIS IS NOT AN INVOICE
Customer: Eden Prairie Utilities
Agreement: 9522
Project #: 47574
Anniversary: 09/01/02
Item Qty Description
001 1 Ea. SCADA (Supervisory Control And Data Acquisition)
1. System maintenance and troubleshooting of the SCADA Control System, located at the Water
Treatment Facility, is included in this agreement.
2. System engineering and database configuration changes can be made through the service agreement.
Any changes must have prior approval from the City of Eden Prairie Utilities Superintendent. All
changes will be documented and kept on file in the Water Treatment Facility Control Room.
3. -Honeywell. wilt schedule two days per month insupportof SCADA System preventative Maintenance
and Database Management of monthly file backups.
4. Honeywell shall provide corrective service during the base PPM at no additional charge. Honeywell
will provide this with all reasonable promptness within twenty-four (24) hours of notification.
5. Customer is responsible for all replacement hardware and software upgrades necessary for system
operation.
�I
CITY COUNCIL AGENDA
DATE:
September 17, 2002
SECTION: Ordinances and Resolutions
SERVICE AREA/DIVISION:
ITEM DESCRIPTION: Resolution to
Public Works Department
Adopt Local Government Unit Status for
ITEM NO.:
Leslie Stovring
the Lower Minnesota River- Watershed
7Z, F,
Through Eugene Dietz
District
Requested Action
Move to: Adopt a Resolution Accepting Local Government Unit Status Pursuant to the Wetlands
Conservation Act for the Area Encompassing the Lower Minnesota River Watershed District
Synopsis
Lower -Minnesota River Watershed District (LMRWD) enacted a Water Management Plan (509-Plan) in
September 1999. The 509 Plan designates the individual cities, counties or townships within the
District to take on the role of Local Government Unit (LGU), In LMRWD's 509 Plan, they have stated
that they prefer that the City take on the role of LGU responsible for administration of the WCA and
rules (MN Rules 8420). This resolution is to formally accept LGU status for LMRWD and to adopt a
procedure for administration of LGU authority within the City.
Background Information
The Wetland Conservation Act (WCA) states that the watershed management plan would normally
indicate the appropriate local government unit (LGU). Where the plan does not indicate the appropriate
LGU, the LGU would be considered to be the entity exercising zoning authority in the area where the
wetland activity will occur. In LMRWD's 509 Plan, they have stated that they prefer that the City take
on the role of LGU responsible for administration of the WCA and rules (MN Rules 8420).
Consultation with the Board of Water and Soil Resources (BWSR) confirms .that the City of Eden
Prairie is currently considered the LGU for LMRWD due to the 509 Plan designation and the City's
zoning authority over this area. In discussions with the LMRWD we have been advised that all other
cities within their District are the designated LGU and that they will not staff for this activity. Due to
the limited amount of development in the LMRWD within Eden Prairie, it is anticipated that this
activity can be accomplished with existing staffing levels.
The Wetland Conservation Act (WCA) states that the Local Government Unit (LGU) is responsible for
the approval of replacement and wetland banking plans and for making exemption, wetland type,
wetland boundary, and no -loss determinations. The Environmental Coordinator would make
determinations under the WCA as part of the regular development review process. Questions or appeals
of WCA determinations are reviewed by the City Council. The Board of Water and Soil Resources,
through the administrative appeals process, hears appeals of the City Council's decisions. The City is
liable for costs, damages, fees and compensation awarded in any actions based on local standards
determined to be more restrictive than state laws and rules, but not for actions pursuant to WCA
standards (8420.0268).
Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, NIINNESOTA
RESOLUTION NO.
A RESOLUTION ACCEPTING LOCAL GOVERNMENT UNIT STATUS PURSUANT
TO THE WETLANDS CONSERVATION ACT FOR THE AREA ENCOMPASSING
THE LOWER MINNESOTA RIVER WATERSHED DISTRICT
WHEREAS, the City of Eden Prairie has adopted the Minnesota Wetlands Conservation Act
[Minn. Stat. 103G.221 et seq. (herein after referred to as the WCA)] in Section 11.51 of the City
Code;
WHEREAS, pursuant to the WCA, the Eden Prairie City Council is considered a Local
Governmental Unit, as defined in Minn. Stat. 103G.005, subd. 1Oe (2);
WHEREAS, the Lower Minnesota River Watershed District desires that the City of Eden
Prairie assume the responsibility to serve as the Local Government Unit pursuant to the WCA;
WHEREAS, the City of Eden Prairie, as a Local Government Unit, acknowledges its
responsibility for implementing Wetland Conservation Act within the area encompassing the
Lower Minnesota River Watershed District.
NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL
THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS:
1. The City of Eden Prairie shall serve as the Local Government Unit for the area
encompassing the Lower Minnesota River Watershed District;
2. The Eden Prairie City Manager or his/her designee is designated as the Administrator
of the Local Wetland Ordinance and the WCA;
3. The Administrator shall periodically report to -the City Council summaries of decisions
made under the WCA; and
4. The City Council shall be designated as the local appeals board.
5. Staff is hereby directed to prepare a schedule of fees to administer the program for
consideration and adoption by City Council.
ADOPTED by the City Council of the City of Eden Prairie this _ day of , 2002.
ATTEST:
Kathleen A. Porta, City Clerk
Nancy Tyra -Lukens, Mayor
64x11A
63
CITY COUNCIL AGENDA
DATE: 09/17/02
SECTION: Consent Calendar
DEPARTMENT/DIVISION:
ITEM DESCRIPTION:
ITEM NO.:
Management and Budget -
Amendment to the Western Area Fire Training
Donald Uram
Association (WAFTA) Joint Powers Agreement
Requested Action
Move to: Adopt resolution amending the Western Area Fire Training Association Joint
Powers Agreement
Synopsis
In 1974, the following municipalities entered into a Joint Powers Agreement (JPA) for the
purpose of providing a fire training facility for full time and volunteer fire fighters: Chanhassen,
Chaska, Eden Prairie, Excelsior, long Lake, Mound, Meyer, St. Bonifacius, Victoria, Maple
Plain, and Watertown. The Association acquired a former Nike Battery site in St. Bonifacius to
conduct these fire training activities. The site was also used by Minnegasco (Reliant) and NSP
(Xcel) for fire training. The Association stopped training at the site in 1993.
Based on the previous uses on the site, the property must be evaluated for possible environmental
contamination and may require remediation of any environmental contamination prior to the sale
of the site. To facilitate an efficient and timely means of decision -making by the Association
with respect to the WAFTA site, the Association has recommended that the Executive
Committee be expanded from 4 members to 5 members. An amendment to the JPA is necessary
to increase the number of members on the Executive Committee.
Attachments
Amendment
AMENDMENT TO THE WESTERN AREA FIRE
TRAINING ASSOCIATION JOINT POWERS AGREEMENT
THIS AMENDMENT made and entered into this day of ,
2002 by and between the members of the WESTERN AREA FIRE TRAINING ASSOCIATION
("Association").
WHEREAS, in 1974 the following municipalities entered into a Joint Powers Agreement
for _the purpose of providing a fire training facility for full time and volunteer fire fighters:
Chanhassen, Chaska, Eden Prairie, Excelsior, Long Lake, Mound, Mayer, St. Bonifacius,
Victoria, Maple Plain, and Watertown;
WHEREAS, the members of the Association jointly acquired a former Nike Battery site
in St. Bonifacius, Carver County ("W.A.F.T.A. site") for conducting fire training activities;
site;
WHEREAS, the Association no longer conducts fire training activities at the W.A.F.T.A.
WHEREAS, the W.A.F.T.A. site must be evaluated for possible environmental
contamination and may require remediation of any environmental contamination prior to sale of
the site;
WHEREAS, an efficient and timely means of decision -making by the Association with
respect to the W.A.F.T.A. site is necessary to effectuate the environmental assessment and any
remediation activities that are necessary at the site, and sale of the W.A.F.T.A. site.
25289
06102195
a
- NOW, THEREFORE, in consideration of the terms and conditions herein, the members
of the Association agree as follows:
1. Article VII, Section 1 of the Joint Powers Agreement is amended as follows:
Section 1. Appointment. The Executive Committee shall consist of five directors
selected by the Board for terms corresponding to their regular term of office as director. Of the
five members of the Executive Committee, three members shall be designated as either a
Chairman, Vice -Chairman, or Secretary -Treasurer.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the dates appearing below pursuant to resolution of their Councils.
25289
Date: , 2002. CITY OF EDEN PRAIRIE
BY:
Its Mayor
AND
Its Manager
25289
&-
CITY COUNCIL AGENDA SECTION: Consent Calendar
DATE: September
17, 2002
SERVICE AREA:
ITEM DESCRIPTION:
ITEM NO.
Management & Budget:
Extension of Contract for Auditing Services
`
Don Uram
l�
Requested Council Action:
Move to:
— -Authorize-the extension of professional services with Kern, DeWenter, Viere, Ltd. for auditing services -for
the years ending 2002 and 2003.
Synopsis:
City policy states that the City must request a RFP for auditing services every three years with the option to
extend the contract for an additional two years.
Background:
Staff s recommendation to extend the contract is based on:
1. Experience —Staff has been very satisfied with the auditing services of Kern. The lead person, who is
now a partner, has conducted the audit for the past three years. Also, for the year ending December 31,
2003, the City is required to implement GASB 34. GASB 34 requires additional reporting formats and
information for the financial statements. Kern has helped implement GASB 34 for the City of Roseville
and is knowledgeable about the new requirements.
2. Price — For 2002 and 2003, Kern is requesting $19,200 and $19,900 respectively. This is a 5% and 4%
increase over the prior years.
Attachments:
Audit Proposal
KDV
KERN - DEWENTER-VIERS
July 12, 2002
Don Uram
Tammy Wilson
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344-4485
We are pleased to confirm our understanding of the services we are to provide to the City
of Eden Prairie, Minnesota for the years ending December 31, 2002 and 2003. We will
audit the _general-purpose financial statements of the City of Eden Prairie, -as of and -for_
the years ending December 31, 2002 and 2003. Also, the combining, individual fund and
account group financial statements will be subjected to the auditing procedures applied in
our audit of the general purpose financial statements.
The statistical information that is a part of the Comprehensive Annual Financial Report
will not be subjected to the auditing procedures applied in our audit of the general
purpose financial statements, and for which our auditor's report will disclaim an opinion.
We will also submit to you a separate document that includes the schedule of
expenditures of federal awards that will be subjected to the auditing procedures applied in
our audit of the general purpose financial statements. This document will include the
reports required under Government Auditing Standards and OMB Circular A-133, Audits
of States, Local Governments, and Non -Profit Organizations.
Audit Objectives
The objective of our audit is the expression of an opinion as to whether the general
purpose financial statements are fairly presented, in all material respects, in conformity
with generally accepted accounting principles and to report on the fairness of the
additional information referred to in the first paragraph when'considered in relation to the
general purpose financial statements taken as a whole. The objective also includes
reporting on:
• Internal control related to the financial statements and compliance with laws,
regulations, and the provisions of contracts or grant agreements, noncompliance with
which could have a material effect on the financial statements in accordance with
Government Auditing Standards.
• Internal control related to major programs, and an opinion (or disclaimer of opinion)
on compliance with laws, regulations, and the provisions of contracts or grant
agreements that could have a direct and material effect on each major program in
accordance with the Single Audit Act Amendments of 1996 and OMB Circular A-
133, Audits of States, Local Governments, and Non -Profit Organizations.
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City of Eden Prairie
July 12, 2002
2
The reports on internal control and compliance will each include a statement that the
report is intended for the information and use of the audit committee, management,
specific legislative or regulatory bodies, federal awarding agencies, and if applicable,
pass through entities.
Our audit will be conducted in accordance with generally accepted auditing standards; the
standards for financial audits contained in Government Auditing Standards, issued by the
Comptroller General of the United States; the Single Audit Act Amendments of 1996;
provisions of OMB Circular A-133; and provisions of the Minnesota Legal Compliance
Audit Guide for Local Governments, and will include tests of the accounting records, a
determination of major programs(s) in accordance with Circular A-133, and other
procedures we consider necessary to enable us to express such an opinion and to render
the required reports. If our opinion on the general purpose financial statements or the
Single Audit compliance opinion is other than unqualified, we will fully discuss the
- - reasons with you in advance.- If, for any reason, we are unable to complete the audit or
are unable to form or have not formed an opinion, we may decline to express an opinion
or to issue a report as a result of this engagement.
Management Responsibilities
Management is responsible for establishing and maintaining internal control and for
compliance with the provisions of contracts, agreements, and grants. In fulfilling this
responsibility, estimates and judgments by management are required to assess the
expected benefits and related costs of the controls. The objectives of internal control are
to provide management with reasonable, but not absolute, assurance that assets are
safeguarded against loss from unauthorized use or disposition, that transactions are
executed in accordance with management's authorizations and recorded properly to
permit the preparation of general purpose financial statements in accordance with
generally accepted accounting principles, and that federal award programs are managed
in compliance with applicable laws and regulations and the provisions of contracts and
grant agreements.
Management is responsible for making all financial records and related information
available to us. We understand that you will provide us with such information required
for our audit and that you are responsible for the accuracy and completeness of that
information. We will advise you about appropriate accounting principles and their
application and will assist in the preparation of your financial statements, including the
schedule of expenditures of federal awards, but the responsibility for the financial
statements remains with you. That responsibility includes the establishment and
maintenance of adequate records and effective internal control over financial reporting
and compliance, the selection and application of accounting principles, and the
safeguarding of assets. Management is responsible for adjusting the financial statements
to correct material misstatements and for confirming to us in the representation letter that
the effects of any uncorrected misstatements aggregated by us during the current
engagement and pertaining to the latest period presented are immaterial, both individually
and in the aggregate, to the general purpose financial statements taken as a whole.
Additionally, as required by OMB Circular A 133, it is management's responsibility to
follow up and take corrective action on reported audit findings and to prepare a summary
City of Eden Prairie
July 12, 2002
3
schedule of prior audit findings and a corrective action plan. The summary schedule of
prior audit findings should be available for our review during fieldwork.
Audit Procedures — General
An audit includes examining, on a test basis, evidence supporting the amounts and
disclosures in the financial statements; therefore, our audit will involve judgment about
the number of transactions to be examined and the areas to be tested. We will plan and
perform the audit to obtain reasonable rather than absolute assurance about whether the
financial statements are free of material misstatement, whether caused by error or fraud.
As required by the Single Audit Act Amendments of 1996 and OMB Circular A-133, our
audit will include test of transactions related to major federal award programs for
compliance with applicable laws and regulations and the provisions of contracts and grant
agreements. Because an audit is designed to provide reasonable, but not absolute
assurance and because we will .not perform_ a detailed examination of all transactions,
there is a risk that material errors, fraud, other illegal acts, or noncompliance may exist
and not be detected by us. In addition, an audit is not designed to detect immaterial
errors, fraud, or other illegal acts or illegal acts that do not have a direct effect on the
general purpose financial statements or to major programs. However, we will inform you
of any material errors and any fraud that comes to our attention. We will also inform you
of any other illegal acts that come to our attention, unless clearly inconsequential. We
will include such matters in the reports required for a Single Audit. Our responsibility as
auditors is limited to the period covered by our audit and does not extend to matters that
might arise during any later periods for which we are not engaged as auditors.
Our procedures will include tests of documentary evidence supporting the transactions
recorded in the accounts, and may include tests of the physical existence of inventories,
and direct confirmation of receivables and certain other assets and liabilities by
correspondence with selected individuals, creditors, and financial institutions. We will
request written representations from your attorneys as part of the engagement, and they
may bill you for responding to this inquiry. At the conclusion of our audit, we will also
require certain written representations from you about the financial statements and related
matters.
Audit Procedures — Internal Controls
In planning and performing our audit, we will consider the internal control sufficient to
plan the audit in order to determine the nature, timing, and extent of our auditing
procedures for the purpose of expressing our opinions on the City's general purpose
financial statements and on its compliance with requirements applicable to major
programs.
We will obtain an understanding of the design of the relevant controls and whether they
have been placed in operation, and we will assess control risk. Tests of controls may be
performed to test the effectiveness of certain controls that we consider relevant to
preventing and detecting errors and fraud that are material to the general purpose
financial statements and to preventing and detecting misstatements resulting from illegal
acts and other noncompliance matters that have a direct and material effect on the general
purpose financial statements. Tests of controls relative to the general purpose financial
statements are required only if control risk is assessed below the maximum level. Our
-71
City of Eden Prairie
July 12, 2002
4
tests, if performed, will be less in scope than would be necessary to render an opinion on
internal control and, accordingly, no opinion will be expressed in our report on internal
control issued pursuant to Government Auditing Standards.
As required by OMB Circular A-133, we will perform tests of controls to evaluate the
effectiveness of the design and operation of controls that we consider relevant to
preventing or detecting material noncompliance with compliance requirements,
applicable to each major federal award programs. However, our tests will be less in
scope than would be necessary to render an opinion on those controls and accordingly, no
opinion will be expressed in our report on internal control issued pursuant to OMB
Circular A-133.
An audit is not designed to provide assurance on internal control or to identify reportable
conditions. However, we will inform the governing body or audit committee of any
_ _matters involving _internal control_ and its operation _that we consider to be reportable
conditions under standards established by the American Institute of Certified Public
Accountants. Reportable conditions involve matters coming to our attention relating to
significant deficiencies in the design or operation of the internal control that, in our
judgment, could adversely affect the entity's ability to record, process, summarize, and
report financial data consistent with the assertions of management in the general purpose
financial statements. We will also inform you of any nonreportable conditions or other
matters involving internal control, if any, as required by OMB Circular A-133.
Audit Procedures — Compliance
Our audit will be conducted in accordance with the standards referred to in the section
titled Audit Objectives. As part of obtaining reasonable assurance about whether the
general purpose financial statements are free of material misstatement, we will perform
tests of the City's compliance with applicable laws and regulations and the provisions of
contracts and agreements, including grant agreements. However, the objective of those
procedures will not be to provide an opinion on overall compliance and we will not
express such an opinion in our report on compliance issued pursuant to Government
Auditing Standards.
OMB Circular A-133 requires that we plan and perform the audit to obtain reasonable
assurance about whether the auditee has complied with applicable laws and regulations
and the provisions of contracts and grant agreements applicable to major programs. Our
procedures will consist of the applicable procedures described in the OMB Circular A-
133 Compliance Supplement for the types of compliance requirements that could have a
direct and material effect of each of the City's major programs. The purpose of those
procedures will be to express an opinion on the City's compliance with requirements
applicable to major programs in our report on compliance issued pursuant to OMB
Circular A-133.
Audit Administration, Fees and Other
We understand that your employees will prepare all cash, accounts receivable, or other
confirmations we request and will locate any invoices selected by us for testing.
At the conclusion of the engagement, we will complete the appropriate sections of and
sign the Data Collection Form that summarizes our audit findings. We will provide
_�a
City of Eden Prairie
July 12, 2002
5
copies or our reports to the City; however, it is management's responsibility to submit the
reporting package (including financial statements, schedule of expenditures of federal
awards, summary schedule of prior audit findings, auditors' reports, and a corrective
action plan) along with the Data Collection Form to the designated federal clearinghouse
and, if appropriate, to pass -through entities. The Data Collection Form and the reporting
package must be submitted within the earlier of 30 days after receipt of the auditors'
reports or nine months after the end of the audit period, unless a longer period is agreed
to in advance by the cognizant or oversight agency for audits. At the conclusion of the
engagement, we will provide information to management as to where the reporting
packages should be submitted and the number to submit.
The workpapers for this engagement are the property of Kern, DeWenter, Viere, Ltd. and
constitute confidential information. However, we may be requested to make certain
workpapers available to certain cognizant or grantor agencies pursuant to authority given
to it by law or regulation. If requested, access to such workpapers will be provided under
the supervision of our firm's personnel. Furthermore, upon request, we may provide
photocopies of selected workpapers to the cognizant or grantor agency. The cognizant or
grantor agency may intend, or decide, to distribute the photocopies or information
contained therein to others, including other governmental agencies.
The workpapers for this engagement will be retained for a minimum of three years after
the date the auditors' report is issued or for any additional period requested by the
cognizant agency, oversight agency for audit, or pass -through entity. If we are aware that
a federal awarding agency, pass -through entity, or auditee is contesting an audit finding,
we will contact the party(ies) contesting the audit finding for guidance prior to destroying
the workpapers.
Our fee for these services will be at our standard hourly rates except that we agree that
our gross fee will not exceed $19,200 and $19,900 for 2002 and 2003, respectively.
These gross fees exclude GASB Statement #34 implementation services, which will be
negotiated prior to the work being performed. Our fees may be billed as work progresses
and are payable on presentation. The above fee is based on anticipated cooperation from
your personnel and the assumption that unexpected circumstances will not be
encountered during the audit. If significant additional time is necessary, we will discuss
it with you and arrive at a new fee estimate before we incur the additional costs.
We appreciate the opportunity to be of service to the City of Eden Prairie and believe this
letter accurately summarizes the significant terms of our engagement. If you have any
questions, please let us know. If you agree with the terms of our engagement as
described in this letter, please sign the enclosed copy and return it to us.
Sincerely,
Kern, DeWenter, Viere, Ltd.
Steven Wischmann
Certified Public Accountant
_75
City of Eden Prairie
July 12, 2002
6
IZO ORM"
This letter correctly sets forth the understanding of the City of Eden Prairie.
By:
Title:
Date:
-7,q
CITY COUNCIL AGENDA SECTION: Consent
DATE: September
17, 2002
SERVICE AREA:
ITEM DESCRIPTION:
ITEM NO.
Management & Budget:
Lincoln Parc — Amendment to the Project
�
Don Uram
Management Agreement-
David Lindahl
Requested Council Action:
Move to:
Adopt Resolution approving First Amended Project Management Agreement between Hartford
- -- Associates, LLC, and the City of Eden Prairie. -
Synopsis:
The owner of Lincoln Pare is asking to be released from a requirement to rent 103 units (55% of all
units) to persons with income at or below 80% of the metro median income. A requirement they
imposed upon themselves. Lease -up of these units has been very slow and they are concerned about
meeting their mortgage obligations (see attached letter from Wedum). The amendment would allow
them to rent the vacant units as quickly as possible to avoid foreclosure.
They will still be obligated to rent 20% of the units to persons with incomes below 50% of the area
median, units that are now 100% occupied (with a waiting list). The City receives credit through
Livable Communities for units rented at these levels. We do not receive credit for units rented at 80% of
median.
Background:
As you know, the City's goal for rental housing is for new projects to designate 20% of its units for
persons with incomes below 50% of the area median. The Wedum Foundation, the owner of Lincoln
Parc, proposed that an additional 103 units (55%) be rented to persons with income below 80% of
median to satisfy its charitable mission and to meet certain IRS rules. This is why the requirement
was added to the Project Management Agreement.
The City does not require units to be rented at the 80% level since they do not meet our housing
goals. To be comply with there own mission, Wedum has stated that they will make every effort to
meet this requirement once the project is performing better financially.
Attachments:
Resolution and Amendment
Letter from Wedum Foundation
-15
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MJNNESOTA
RESOLUTION NO. -2002
RESOLUTION AUTHORIZING AMENDMENT OF
PROJECT MANAGEMENT AGREEMENT
WHEREAS, Hartford Associates, LLC, ("Hartford") and the City of Eden Prairie
("City") entered into that certain Project Management Agreement ("Agreement") dated June 20,
2000, as assigned to Lincoln Parc Apartments, LLC ("Developer") pursuant to an Assignment of
Project Management Agreement dated October 25, 2000, relating to the development of an 186
unit apartment building (the "Project").
WHEREAS, by that certain First Amendment to the Project Management Agreement
dated as of November 20, 2000 ("First Amendment") by and between Developer and City,
Developer and City amended the Agreement as set forth in the First Amendment.
WHEREAS, the Developer and City deem it necessary and desirable to further amend
the Agreement as provided for in the attached Second Amendment to Project Management
Agreement.
NOW THEREFORE, BE IT RESOLVED, by the Eden Prairie City Council that:
The Second Amendment to Project Management Agreement is hereby approved. The
Mayor and City Manager are hereby authorized to execute the Second Amendment to Project
Management Agreement.
Adopted by the Eden Prairie City Council on September 17, 2002.
ATTEST:
Kathleen Porta, City Clerk
Nancy Tyra -Lukens, Mayor
(Seal)
-76
SECOND AMENDMENT TO PROJECT MANAGEMENT AGREEMENT
THIS SECOND AMENDMENT is made as of this day of September, 2002, by and
between the City of Eden Prairie ("City"), a public body corporate and politic under the laws of
the State of Minnesota, and Lincoln Parc Apartments, LLC ("Developer"), a Minnesota limited
liability company.
RECITALS
WHEREAS, Hartford Associates, LLC, a Minnesota limited liability company
("Hartford") and the City are parties to that certain Project Management Agreement dated June
20, 2000, as assigned to Developer pursuant to an Assignment of Project Management
Agreement dated October 25, 2000, covering certain real property in Eden Prairie, Minnesota on
which Developer is to construct a 186 unit apartment building;
WHEREAS, by that certain First Amendment to the Project Management Agreement
dated as of November 20, 2000 ("First Amendment") by and between Developer and City,
Developer and City amended the Original Project Management Agreement as set forth in the
First Amendment. The Original Project Management Agreement and the First Amendment are
sometimes hereinafter collectively referred to as the "Project Management Agreement."
WHEREAS, the parties desire to further amend the Project Management Agreement as
more specifically set forth herein.
NOW, THEREFORE, the Project Management Agreement is amended as follows:
1. Paragraph 1.3 is amended in its entirety as follows:
Annual TIF Payment: An annual portion of the tax increment received by Developer
from the City in an amount estimated as of June 20, 2000, as $394,989 based upon
seventy-five percent (75%) of an estimated annual tax increment of $466,639. The actual
Annual TIF Payment will be calculated based upon seventy-five percent (75%) of the
actual tax increment received by City.
2. Paragraph 1.2 is amended in its entirety as follows:
Adjusted Annual TIF Payment: An annual portion of the tax increment received by
Developer from City that is less than the estimated Annual TIF Payment identified in
Section 1.3 hereof, based upon seventy-five percent (75%) of the actual tax increment
received by City.
3. Paragraph 1.1 is amended in its entirety as follows:
Tag Increment: The tax increments derived from the TIF District which have been
received and retained by the City in accordance with the provisions of Minnesota
Statutes, Section 469.177 or otherwise pursuant to the Tax Increment Act, estimated as of
June 20, 2000 to be $466, 639 annually.
4. Paragraph 1.8 is deleted in its entirety.
5. Paragraph 1.12 is amended in its entirety as follows:
Term: A period of fifteen (15) years beginning as of the date of the receipt of the first
Annual TIF Payment of which payment was made on or about July 20, 2002.
6. Paragraph 4.1 is amended as follows:
a. The following sentence is added at the beginning of Paragraph 4.1. "Developer
shall use the Annual TIF Payment or the Adjusted Annual TIF Payment, as
applicable, to provide the Actual Subsidy for the Very Low Income Units."
b. Amend the second sentence by deleting the words "(37 Units)" and inserting in
their place the words "(38 Units).
C. Delete the third sentence in its entirety.
7. Paragraph 4.2 is hereby amended in part, in that the second paragraph is deleted in its
entirety.
8. Paragraph 6 of the Agreement is amended in its entirety as follows:
Reduction of Rents: In the event the Annual TIF Payment and/or Adjusted Annual TIF
Payments, as applicable, is made available to the Developer in an amount equal to
seventy-five percent (75%) of the tax increment annually during 14 years of the term,
Developer shall continue to provide that the Very Low Income special units will be
rented to individuals or families whose income does not exceed fifty percent (50%) of the
median income for the Minneapolis -St. Paul Standard Metropolitan Statistical Area and
that the gross rent charged by the Developer for each such unit shall not exceed the
amount determined pursuant to Section 4 of this Agreement, as applicable annually. The
developer shall continue to provide such units until all of the Annual TIF payments and
Adjusted Annual TIF Payments have been used by developer to provide actual subsidy
for the Very Low Income units pursuant to the terms of this Agreement.
9. Paragraph 7 of the Agreement is hereby amended in part, in that the first sentence is
deleted in its entirety and replaced with the following:
in
Should the Developer cease to continue providing the Very Low Income Special Units as
provided in this Agreement, the Developer shall be required to repay to the City the
amount of the Total Annual TIF Payments previously received by the Developer and not
yet provided as Actual Subsidy.
10. Paragraph 9 of the Agreement is hereby amended in part, in that the third sentence is
deleted in its entirety and replaced with the following:
If the Project is converted to non -occupant condominium ownership, the Project shall
continue to provide Very Low Income Special Units as required by this Agreement, and
the condominium owners shall be liable for compliance with the terms of this Agreement
applicable to their condominiums.
IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to
executed as of the day and year aforesaid.
LINCOLN PARC APARTMENTS, LLC CITY OF EDEN PRAIRIE
Its
STATE OF MINNESOTA )
) ss
COUNTY OF )
Nancy Tyra -Lukens, Mayor
Scott Neal, City Manager
The foregoing instrument was acknowledged before me this day of September,
2002 by Nancy Tyra -Lukens and Scott Neal, respectively the Mayor and City Manager of the
City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation.
STATE OF MINNESOTA )
) ss
COUNTY OF )
Notary Public
-79
The foregoing instrument was acknowledged before me this day of September,
2002 by the of Lincoln
Parc Apartments, LLC, a Minnesota limited liability company, on behalf of said company.
Notary Public
epuincoln parMsecond amendment to pma 091202
LINCOLN PARC APARTMENTS, LLC
3191 SHOREWOOD DRIVE
ARDEN HILLS, MN 55112
May 21, 2002
David Lindahl
Manager — Housing & Redevelopement Authority
City of Eden Prairie
8090 Mitchell -Road
Eden Prairie, MN 55344
Dear Mr. Lindahl:
Thanks for meeting with Bruce Kimmel, Bill Lykken and me on several occasions as we have been
working to resolve our leasing and occupancy problems. As per your request, we have included
information on the Wedum Foundation with this letter. In addition, we are writing this letter to request
that the City of Eden Prairie consider adjusting the Regulatory Agreement between the City of Eden
Prairie and Lincoln Parc Apartments, LLC. We are herein requesting that Para. 4.1 of this agreement
(Developer's Obligations, Tenants) be changed to drop the requirement that "An additional fifty-five
(55%) of the dwelling units (103) in the Project be Low Income Units" and allow for a waiver of this.
The reason for this request is as follows:
Lincoln Parc Apartments has been leasing apartments beginning August 2001. We have experienced
slower than anticipated lease up of the units as a result of the economic reality of the market place. With
that being said, we are 100% leased of the "Very Low Income" units, and 100% leased of the market rate
units. However, the 55% & 80%Low Income units are only 24% leased and of those virtually no 2 and 3
bedroom units (which are the majority of the units) are leasing. We are finding that we are turning away
tenants because they do not meet the very narrow income qualification requirements needed to qualify for
this type of unit. Despite very heavy and costly advertising to attract this type of tenant, we have
concluded that we have just not been able to find a large enough market segment that meets the profile we
need to fill this income classification at this time. For this reason we feel compelled to ask for relief from
this 55% / 80% requirement. We would of course continue to comply with the Very Low Income
requirement as well as all the other requirements of the agreement.
Our charitable mission is to provide affordable housing. Assuming that the City Council approves this
request, we are not and will not abandon our attempts to achieve filling all 103 of these 55% / 80% units.
Because of our charitable mission and the IRS Safe Harbor regulations, we want and need to do
everything in our power to fill these units with tenants meeting this 55% / 80% standard. Our objective
going forward is to fill these 55% of the units with those meeting 80% of the median income. But, the
market is not allowing us to do this now; we can no longer wait any further to fill the building and must
get this property full as quickly as possible. Once the property is full, we would then rent vacant units on
a first priority basis to those meeting the 80% income requirements. We would create a waiting list for
tenants meeting this 80% of income profile, to move in as soon as units are available. We would continue
this process until we have filled the building with tenants meeting the 55% and 80% requirement. That is
our objective and commitment going forward.
Lincoln Parc's debt service on the bond financing begins to be serviced July 2002. We are doing
everything we can to market the property so that we achieve the level of occupancy necessary to support
this debt service. We have real concerns that with our inability to rent to qualified prospects, which
exceed the narrow income qualification, will cause a default on the bonds. The modification that we are
asking from the City does not have that large of an impact on the residents of Eden Prairie for a couple of
reasons. First, because of the high Area Median Income in Hennepin County, there is only a minimal
rental reduction in Low Income units. Second, we are willing to rent to all those that meet these income
requirements as soon as we can find them. We would happily look at extending the time to continue to
- rent affordable units -to cover any rent we mayhave gained by renting to those -with a little higher income.
David, we would work with you to figure out this amount.
Thank you for your consideration to this urgent matter. We look forward to your response and we are
available to answer questions or meet to discuss this issue at your earliest convenience.
Sincerely,
James K. Cooper
President
CC. Honorable Mayor Nancy Tyra -Lukens
City Manager, Scott Neal
City Attorney, Rick Rosow
Jack Brandt
Bill Lykken
Keith Grueble
Shawn Beus
Bruce Kimmel
John Wedum
CITY COUNCIL AGENDA
DATE: Septemberl7,
SECTION: Consent
2002
SERVICE AREA:
ITEM DESCRIPTION:
ITEM NO.
Management & Budget:
Call for a Public Hearing to consider amending
Don Uram
the Tax Increment Financing (TIF) Plan for
VK ,S,
David Lindahl
Rolling Hills (The Colony) Senior Housing
Requested Action:
Move to:
Adopt Resolution calling for a public hearing November 12, 2002 to consider an amendment to Tax Increment
Financing (TIF) District 17 for Rolling Hills (The Colony) Senior Housing.
-Synopsis: - -
The project was originally platted into two lots — one for a 142 unit senior complex, and the other for a small
office building. They are replatting the two lots into one and changing the office building to a skilled nursing
facility that will be attached to the residential building. The replat enlarges the TIF district causing the need for
an amendment to the TIF Plan.
Background:
Attachments:
Resolutions
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, NIINNESOTA
RESOLUTION NO.2002-
A RESOLUTION CALLING FOR A PUBLIC HEARING BEFORE THE CITY COUNCIL
OF THE CITY OF EDEN PRAIRIE ON APPROVAL OF AN AMENDMENT OF THE TAX
INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO.
17
BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the ".City"),
as follows:
1. Proposed Amended Redevelopment Plan and Tax Increment Financing Plan The Housing
and Redevelopment Authority in and for the City of Eden Prairie has prepared, and will present to
the City for approval, an amended Tax Increment Financing Plan for Tax Increment District No. 17.
It has been proposed that the City Council approve the amended Tax Increment Financing for Tax
Increment District No. 17, and that the City Council hold a public hearing on the amended Tax
Increment Financing for Tax Increment District No. 17, as required by Minnesota Statutes, Section
469.175, subdivision 3.
2. Public Hearing. A public hearing is hereby scheduled to be held on the amended Tax
Increment Financing for Tax Increment District No. 17, at 7:00 p.m. on November 12, 2002, in the
Council Chambers of the Eden Prairie City Center, 8080 Mitchell Road, Eden Prairie, Minnesota.
The City Clerk is hereby authorized and directed to cause notice of such public hearing in
substantially the form of Exhibit A hereto to be published in the official newspaper of the City not
less than 10 days nor more than 30 days prior to the date of the hearing, and to provide the
information required by Minnesota Statutes, Section 469.175, subdivision 2 to the appropriate
governmental bodies.
ADOPTED by the City Council on September 17, 2002.
ATTEST:
Nancy Tyra -Lukens, Mayor
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA
DATE:
SECTION: Consent Calendar
September 17, 2002
SERVICE AREA/DIVISION:
ITEM DESCRIPTION:
ITEM NO.:
Police Department/Support
"Abandoned
Operations
Resolution Declaring Property"
Gary J. Therkelsen
Requested Action
Move to: Adopt resolution declaring the property listed on Exhibits A and B as
"abandoned property."
Synopsis
The Eden Prairie Police Department has accumulated a quantity of bicycles and miscellaneous
items that remain unclaimed.
City Code Section 2.86 Subd. 2, Disposal of Unclaimed Property, requires adoption of a
resolution by City Council to declare unclaimed property that has been in the possession of the
City for over 90 days as "abandoned property."
Background Information
The property itemized on Exhibits A and B has lawfully come into the possession of the City's
Police Department in the course of municipal operations, remains unclaimed by the owners, and
has been in the possession of the Police Department for at least 90 days.
In accordance with City Code Section 2.86 Subdivision 2 C., the Police Department would like
to dispose of the property itemized on Exhibit A by sale to the highest bidder at a public auction
through Big Lake Auctions and Office Surplus. In addition, in accordance with City Code 2.86
Subdivision C, the Police Department would like to convert the property itemized on Exhibit B
for City use.
Attachments
■ Resolution - Declaration of Abandoned Property.
■ Exhibit A - List of unclaimed property to be declared "abandoned property" for disposal by
auction.
■ Exhibit B - List of unclaimed property to be declared "abandoned property" for retention by
the City for City use.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,IVHNNESOTA
RESOLUTION NO.
DECLARATION OF ABANDONED PROPERTY
WHEREAS, City Code 2.86 Subd. 2 requires adoption of a resolution by City Council to
declare the property itemized on Exhibits A and B as "abandoned property;" and
WHEREAS, the property has lawfully come into the possession of the City in the course
of municipal operations; and
WHEREAS, the property remains unclaimed by the owners; and
WHEREAS, the property has been in the possession of the City for over 90 days.
NOW THEREFORE, BE IT RESOLVED that the City of Eden Prairie declares the
property itemized on Exhibits A and B as "abandoned �roperty."
ADOPTED by the City Council on September 17, 2002.
ATTEST:
Kathleen A. Porta, City Clerk
Nancy Tyra -Lukens, Mayor
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CITY COUNCIL AGENDA
DATE:
September 17, 2002
SECTION: Consent Calendar
SERVICE AREA/DIVISION:
ITEM DESCRIPTION:
ITEM NO.:
Engineering Services
Declaring Costs to be Assessed and Ordering
Jim Richardson
Preparation of Special Assessment Roll and
Eugene A. Dietz
Settin Hearing Date
Requested Action
Move to: Approve resolution declaring costs to be assessed and ordering preparation of
special assessment hearing rolls and setting hearing date.
Synopsis
This Special Assessment Hearing is conducted annually in October. The assessments levied are
for projects which have reached the point of substantial completion since the previous hearing.
This process is conducted in accordance with State Statutes and procedure developed with the
assistance of the City Attorney.
C71,6
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, NIINNESOTA
RESOLUTION NO.
RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING
PREPARATION OF 2002 SPECIAL ASSESSMENT ROLLS AND
SETTING HEARING DATE
WHEREAS, contracts have been let for the following listed improvements and the total project
cost, including expenses incurred, or to be incurred and the City's share, exclusive of that
assignable to City Property, are established as shown on the attached Exhibit A.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie:
1.-_ The cost of such improvements to be specially- assessed are hereby declared to -be -those as - —
set forth in Exhibit A.
2. The City Clerk with the assistance of the City Engineer shall forthwith calculate the
proper amount to be assessed for each improvement against every assessable lot, piece or
parcel of land within the district affected without regard to cash valuation, as provided by
law, and he shall file a copy of such proposed assessment in the office of the City
Engineer for public inspection.
3. A hearing shall be held on the 15th day of October, 2002 in the Eden Prairie City Center,
8080 Mitchell Road, at 7:00 p.m., to pass upon such proposed assessments and at such
time and place all persons owning property affected by such improvement will be given
an opportunity to be heard with reference to such assessments.
4. The City Clerk is hereby directed to cause a notice of the hearing on the proposed
assessments to be published once in the official newspaper at least two weeks prior to the
hearing. He shall also cause mailed notice to be given to the owner of the record of each
parcel described in the assessment roll not less than two weeks prior to the hearing.
ADOPTED by the Eden Prairie City Council on September 17, 2002.
Nancy Tyra -Lukens, Mayor
ATTEST SEAL
Kathleen A. Porta, City Clerk
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CITY COUNCIL AGENDA
DATE: Septemberl7,
SECTION: Consent
2002
SERVICE AREA:
ITEM DESCRIPTION:
ITEM NO.
Management & Budget:
Contract for Services — Huberty (pronounced
Don Uram
Hubearety) Marketing Research
David Lindahl
Requested Action:
Move to:
Approve contract with Huberty Marketing Research to assist the City in conducting a survey of our business
community.
Synopsis:
Staff is in the process of trying to gauge the needs of our business community in order to establish economic
development priorities for the City and to help identify ways to better serve them. The Survey will help
accomplish this. The general scope of work is as follows:
Information gathering and draft survey questions (40-50 total).
Conduct telephone interviews about 400 businesses (10-12 minute interviews.
Data tabulation and prepare final report and PowerPoint presentations.
Present findings.
Background:
Attachments:
Contract
Huberty Proposal
HUBERTY MARIMTING RESEARCH
Tim Huberty, President
1924 Jefferson
St. Paul, MN 55105
Phone: 651-698-8776
Fax: 651-698-1011
E-mail: tim@hubertyresearch.com
Wednesday, September 11, 2002 (Appended)
TO: David Lindahl
FR: Tim Hub erty
RE: Marketing Research Process/Proposal
David, the purpose of this memo is to summarize my thoughts for conducting marketing
research for the City of Eden Prairie.
BACKGROUND AND OBJECTIVES:
The City of Eden Prairie is interested conducting a survey of its business community.
They wish to ask about a variety of general issues, including awareness and usage of city
services. At the same time, they want to measure satisfaction as well as to inquire about
other potential wants and needs of their business constituents. A previous survey
conducted for the of City of St. Louis Park will be used as a model, although it will be
adapted in order to address issues unique to Eden Prairie.
The purpose of this study is two -fold:
• To identify and thoroughly understand the wants and needs of the City of Eden
Prairie's business community.
• To identify ways in which the City can even better serve the needs of those business
constituents.
METHODOLOGY
Phase One Information Gathering
Upon being awarded the study, I will conduct a Project Launch. During this meeting, I
will conduct a "mini" in-house focus group, in which city officials become participants.
will ask each member of each team to share his/her objectives for the study as well as to
identify expected outcomes and deliverables. I will ask them to create "Wish Lists" of
questions which will be directly integrated into the draft of the quantitative survey.
Phase H— User Survey
After this meeting, I will draft a survey and personally review the document with team
members within one week. Upon final approval of the survey, the data collection phase
will be subcontracted to Information Specialists Group (ISG), Inc., an Eden Prairie
company. Even though ISG is collecting the information, their interviewers will be
personally briefed by me. I will continue to supervise all interviewers throughout the
THE C=0FEDENPRMRIE. RESE,4RCHPROPOSAL
/CO
study. Every Monday morning, a status report will be issued. Personnel can listen in on
the interviews at any time from their own offices (and are encouraged to do so).
The City of Eden Prairie will provide a list of the names and phone numbers of current
businesses. This list will be updated upon completion of data collection. The exact
number of interviews to be conducted will be determined later, based upon budgetary
considerations. The sample size will also be impacted, depending upon the City of Eden
Prairie's desire to generate statistically projectable subsamples, including (1) company
size and/or (2) company location. The actual interview will last 12-15 minutes. It will
include some "open ended" questions in which respondents will be probed to explain
their answers in great detail. Intensive probing enables us to collect "qualitative" (i.e., in
depth, emotional) information using a statistically projectable sample. We will then not
only obtain the "what, " but also understand the "why. " Note: Every verbatim collected
will be part of the final, written report. I, myself, will perform complete data analysis and
give a formal presentation and write the final report. _
During data collection, the names and phone numbers of any customers wishing to speak
to someone at the City of Eden Prairie will be turned over to the client within minutes.
Within one week after data tabulation is completed, I will set up a meeting with team
members and "walk through" the data with them. In this way, personnel have the
opportunity of adding their "insider" perspectives to my "outsider" analysis.
Within two weeks, a formal presentation will be given to all team members. HMR will
present the results up to four times to any audience designated by the City of Eden
Prairie. Following each presentation attendees will be invited to provide their
perspectives on the results, insights which can lead to additional data analysis. Finally, a
formal written report — with verbatims from all open ended questions — will be delivered
to the City of Eden Prairie. Up to 15 hard copies of the final report, plus one formal
presentation in Powerpoint format, will also be delivered. An electronic copy of the final
report will also be forwarded.
Phase III— Action Planning
"Action Planning" will be scheduled one week after the final written report is distributed.
This session typically lasts two hours. During "Action Planning", we will review the
final report and prioritize the recommendations and assign responsibility for the
implementation of each/every recommendation. "Action Planning" guarantees that this
research becomes an ongoing part of the City's mission to the business community.
TIMING AND COST
This entire project can be completed using the following timetable:
• Project Review and Approval ASAP
• Information Gathering Week One
• Questionnaire Finalized Week Two
• Data Collection and Tabulation Weeks Three -Four
• Presentation/Report Delivery Week Five -Six
• Action Planning Session Week Six -Eight
THE CITY OFEDENPRIME RESEAR CH PR OPOSAL
2
The cost of this project can be itemized as follows:
Number of Interviews
n =100
n = 200
n = 300
n = 400
Data Collection: ISG
$5,000
$8,000
$10,500
$13,000
Project Management: HMR
$2,500
$3,000
$3,500
$3,500
TOTAL
$7,500
$11,000
$14,000
$16,500
• ISG:Data collection and tabulation
• HMR: Information gathering, questionnaire development, project
supervision, analysis, and presentation/report
HMR will bill the City of Eden Prairie directly for all work conducted. HMR scrutinizes,
but does not mark up subcontractor invoices. HMR will pay ISG directly. Thus, City of
Eden Prairie need only contract with and pay one vendor. Full payment is due upon
delivery of final written reports and Powerpoint presentations.
QUALIFICATIONS
I have been an independent marketing research consultant for four years. Prior to that
time, I spent over 16 years serving as Research Director for several internationally known
advertising agencies (including the Leo Burnett Company and Fallon McElligott). Also,
I have enjoyed the opportunity of teaching "Applied Marketing Research" at the College
of Business of the University of St. Thomas since September 1987.
During the past two years, I have partnered with several government agencies and
completed 10 marketing research studies, measuring the effectiveness of a cornucopia of
marketing activities which will lead to reductions in the amount of waste generated by
residents and businesses. This includes writing several and analzing the results of several
surveys, conducting many focus groups and teaching seminars for the Minnesota Office
of Environmental Assistance. I have also done studies for the Solid Waste Management
Coordinating Board, the Hennepin County Department of Environmental Assistance,
Anoka County's Integrated Waste Management, and the City of Plymouth.
Throughout my professional career, I continue to take pride in a gift for transforming
esoteric minutiae into usable, actionable results and recommendations. I also operate
under of philosophy of refusing to waste any of my clients' money by collecting "nice to
know", rather than "need to know" information.
ACTIONABILITY
The results of this research will provide a thorough understanding of the wants and needs
of the City of Eden Prairie's business community. This insight will generate the tactical
and strategic synergy to identify the necessary ingredients to formulate a vision as the
City of Eden Prairie seeks to better serve its business community.
THE CITY OF EDENPRAIRIE. RESEARCH PROPOSAL
�Va
AGREEMENT
THIS AGREEMENT is made and executed the 17ffi day of September, 2002, by and
between the City of Eden Prairie, hereinafter referred to as the "Owner", and Huberty Marketing
Research, hereinafter referred to as the "Consultant",
WITNESSETH:
Owner and Consultant, for the consideration hereinafter stated, agree as follows:
1. Consultant's Duties: The Consultant shall provide the services specified in the
Consultant's Proposal (hereinafter the Proposal) dated August 20, 2002, and shall do everything
required by this Agreement and the Proposal. Consultant shall fully and satisfactorily comply
with the conditions of the Proposal and complete the work contemplated by this Agreement in
accordance with the Proposal. Consultant agrees that 400-interviews of Eden Prairie businesses
shall be conducted in the manner provided for in the Proposal.
2. Price: Owner agrees to pay the Consultant a fee not to exceed the sum of
$16,500.00 as full and complete payment for the labor, materials and services rendered pursuant
to this Agreement.
3. Payment: Payments to the Consultant by the Owner shall be made as provided in
the Proposal.
4. Contract Documents: The Proposal consists of the Proposal dated August 20,
2002. The Proposal is hereby incorporated with this Agreement and is as much a part of this
Agreement as if fully set forth herein. This Agreement and the Proposal are the Contract.
Completion: The Consultant shall complete all services by November 15, 2002.
6. Conflicts: No salaried officer or employee of the Owner and no officer of the
Owner shall have a financial interest, direct or indirect, in this contract. The violation of this
provision renders the Contract void. Applicable federal and state regulations and statutes shall
not be violated.
7. Claims: To receive any payment on this Contract, the invoice or bill must include
the following signed and dated statement: "I declare under penalty of perjury that this account,
claim, or demand is just and correct and that no part of it has been paid."
8. Data Practices Act: The Consultant shall at all times abide by the Minnesota
Government Data Practices Act, Minn. Stat. § 1301, et seq., to the extent that the Act is
applicable to data and documents in the hands of the Consultant.
9. Audits: 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 Owner and either Legislative Auditor or the State Auditor for a period of six years after
the effective date of this Contract.
10. Income Tag Withholding: No final payment shall be made to the Consultant
until the Consultant has provided satisfactory evidence to the Owner that the Consultant and each
of its subcontracts has complied with the provisions of Minn. Stat. § 290.92 relating to
withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall
satisfy this requirement.
11. Worker's Compensation: Consultant represents and warrants that it has and will
maintain during the performance of this agreement worker's compensation insurance coverage
required pursuant to Minn. Stat. § 176.181, subd. 2 and that the certificate of insurance or the
written order of the Commissioner of Commerce permitting self insurance of worker's
compensation insurance coverage provided to the Owner prior to execution of this agreement is
current and in force and effect. - - -
12. Discrimination: In performance of this contract, the Consultant shall not
discriminate on the grounds of or because of race, color, creed, religion, national origin, sex,
marital status, status with regards to public assistance, disability, sexual orientation, or age
against any employee of the Consultant, any subcontractor of the Consultant, or any applicant for
employment. The Consultant shall include a similar provision in all contracts with
subcontractors to this contract. The Consultant further agrees to comply with all aspects of the
Minnesota Human Rights Act, Minn. Stat. § 363.01, et seq., Title VI of the Civil Rights Act of
1964, and the Americans with Disabilities Act of 1990.
13. Consultant's Prompt Payment of Subcontractors: The Consultant shall pay to
any subcontractor within ten (10) days of the Consultant's receipt of payment from the Owner for
undisputed services provided by the subcontractor. The Consultant shall pay interest of one and
a half percent (1 %Z%) per month or any part of a month to a subcontractor on any undisputed
amount not paid on time to the subcontractor. The minimum monthly interest penalty payment
for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00,
the Consultant shall pay the actual amount due to the subcontractor.
14. Counterparts: This Agreement may be executed in multiple counterparts each of
which shall be considered an original.
15. Whole Agreement: This Agreement and the Contract Documents constitute the
final and complete agreement of the parties and shall supersede and replace any prior oral or
written agreements between Owner and Consultant. Any subsequent modification must be in
writing signed by both parties.
16. Governing Law: This Agreement shall be governed and construed under the laws
of the State of Minnesota and the parties agree that any actions arising out of or related to this
agreement shall be venued in the State of Minnesota, Hennepin County District Court.
goy
IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands
as of the date set forth above.
�2
► ' 7_11-141V
Nancy Tyra -Lukens, Its Mayor
Scott Neal, Its City Manager
CONSULTANT
Its
Ep\hubertymarketing contract
CITY COUNCIL AGENDA
DATE:
September 17, 2002
SECTION: Consent Calendar
DEPARTMENT AREA/DMSION:
ITEM DESCRIPTION:
ITEM NO.:
Engineering Division
Approve Electric Service Agreement with
N
Alan D. Gray
Minnesota Valley Electric Cooperative
►
Eugene A. Dietz
Requested Action
Move to: Approve agreement with Minnesota Valley Electric Cooperative for electric
service to the Spring Road Waste Water Pumping Station.
-- - - Synopsis
The Charlson Area Improvements includes the construction of a waste water pumping station on
Spring Road adjacent to the Hennepin Village site. The station will contain twin 88hp
submersible pumps requiring 3-phase power. Minnesota Valley Electric Cooperative will
provide the electrical service to the site on Spring Road based on actual construction quantities
not to exceed $55,062.
Background Information
The Spring Road Waste Water Pumping Station will serve a significant portion of the Hennepin
Village project and future airport building area. The service area is estimated to include 650
units of housing, one million square feet of office, 30,000 square feet of commercial, and
400,000 square feet of airport hangers. The pumping station is currently under construction as
part of the Charlson Phase III project. Substantial completion of the pumping station is
anticipated by mid -November, 2002.
Attachments
Transmittal letter and agreement from Minnesota Valley Electric Cooperative
MR
MVEC
311m7esata Valley Electric Caaperadve
Your Touchstone Enemy Cooperative 0
September 6, 2002
Mr. Al Gray
City Of Eden Prairie
8080 Mitchell Road
Eden Prairie Mn 55344
Dear Mr. Gray:
Integrity
Accountability
Innovation
Commitment to Community
Enclosed is an agreement for line installation for the city lift pump on Spring Road.
Please have the agreement signed and returned as soon as possible so construction
can proceed on the project. We are still waiting on some permitting, but design and
staking has already begun, with plans to start appropriate tree trimming the week of
September 91h and construction possibly starting the week of the 161h. Weather
permitting, construction should take about 4 weeks, we hope to have power to the site
by the week of the 14th of October.
Please have someone from the city contact one of our customer service representatives
at 952-492-2313 to set up an account for this service.
Once the project is complete we will invoice you for the actual construction charges as
stated in the agreement, not to exceed $55,062.
If you have any question, please call me at 952-492-8243.
Sincerely;
n Qye*w�
Daryl Hoffman
Engineering Supervisor
125 Minnesota Valley Electric Drive Jordan, MN 55352
952-492-2313 800-282-6832
Gan. Fax 952-492 R274 Engireering Fax 952-492-8296
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MVEC
Affrxxmaw vaffey aiff:tric raGperauee
ToarTa�swe �y-cuaFmm,e 7�r
AGREEMENT FOR LINE INSTALLATION OR ALTERATION
(Please Sign and Reivm White Copy)
This is an ESTIMATE for installing electric facilities on your property. The estimate is based on footage in accordance with the sketch below, payable to Minnesota Valley
Electric Cooperative (MVEC). A change in the footage or conditions will affect the amount of the bill_ Modifications of the agreed upon route, or circumstances, requires
IMMEDIATE notification to MVEC, so design costs and construction schedules can be revised. This estimate is only valid during the current calendar year.
Date Issued q - 5- - 0 ;;--
Non G.S.O.C. Conditions and Crossings
Y
Culvert
❑
Customer Electric
❑
Customer Gas
Cl
Dog Fence
❑
Retaining Wall
❑
Septic
�i ❑
Sprinkler System
' 0
Tile Line
Trees/Woods
❑
Water
❑
Other
❑
Soil Conditions
- - - - - -
Rock ❑ Clay ❑
Sand ❑ Dirt ❑
Please sketch in buildings and all Non G.S.O.C. underground existing conditions
kC�A
Before an electric service can be run, all septic tanks, drain fields, sprinkler systems, owner installed electric and pipelines must be clearly marked by owner.
MVEC will not be held responsible for repair or replacement of damaged lines which were not on the sketch, unmarked or mismarked at the time of installa-
tion. Service line cannot be placed within 10 feet of water well. Additional service line footage may be needed to maintain this distance.
Estimate Costs
Basic Start Up Fee
Meter Socket
Temporary Service Cost
Primary Facility Charge
Winter Base Charge
Winter Charge
Wire Costs
5 do Feet
$Foot
aauo Feet
$ 4.oa Foot
4 zD Feet
$ 7. o o Foot
Feet
$ Foot
Miscellaneous
S u btota I
Credit
Total
$ �2
$ 3000
I agree with and have met all of the above conditions:
• All grading must be within 4 inches of final grade before
MVEC begins installation of any wire.
• MVEC will not be responsible for any restoration that may
be needed due to installation.
• All underground services must be graded and ready to
energize before November 1 to avoid winter charges.
• If your service and or grading is not ready and a
crew is on site you will be subject to a $100 trip charge.
Comments
Signature: Date:
Name Service Address City, State, Zip
5-��-L.
Engineer Location Number W.O. Number
Minnesota Valley Electric Cooperative
125 Minnesota Valley Electric Drive Jordan, MN 55352 (952) 492-2313 www.mvee.net
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CITY COUNCIL AGENDA SECTION: Ordinances and Resolutions
DATE:
September 17, 2002
SERVICE AREA:
ITEM DESCRIPTION:
ITEM NO.
Office of the City Manager
Resolution approving amendment to Bylaws of
the Suburban Transit Association
.
Requested Council Action:
Move to:
- - - Adopt -Resolution amending Bylaws- of the Suburban Transit Association. - - - - - - -
Synopsis:
In an August 28, 2002, memorandum, Director of Southwest Metro Transit Len Simich, asked that
the City adopt a Resolution approving amendments to the Bylaws of the Suburban Transit
Association. The STA consists of 11 communities that have "opted out" of the Metro Transit system.
They have recommended the attached revisions to the Bylaws. Ratification by two-thirds of the
member communities is required for passage of the Bylaw changes.
Attachments:
Memorandum dated August 28, 2002
Resolution
10
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, NIINNESOTA
RESOLUTION NO.2002-
RESOLUTION RELATING TO
SUBURBAN TRANSIT ASSOCIATION BYLAWS
BE IT RESOLVED, by the City Council of the City of Eden Prairie, Minnesota, as
follows:
WHEREAS, Minnesota Statutes Section 471.59 permits two or more governmental units,
by agreement of their governing bodies, to jointly and cooperatively exercise any power common
to each of them, and
WHEREAS, the parties have entered into :thi&Joint and Cooperative Agreement to
develop programs on matters of mutual concern and interest and identify, review and actively
oppose proposals which may be in conflict with the interest of its members.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Manager are hereby
authorized and directed to execute the Bylaws as amended and attached hereto.
ADOPTED by the City Council of the City of Eden Prairie this 17th day of September
17, 2002.
Nancy Tyra -Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
SouTHWFsT Mma Tiiaxstr PRONG 957949ZJS (fl-9
I3500 Tech ohgy Nye Fax: 957AM997
IdenPrairie MieueSota5S344 F.xan: coStSerVOMEArOrq
Messer 11 _ -- -- _ - — W BsiTE: wwwswtuasiturq
MEMORANDUM
Kramer
professional association
TO: STA Member Cities
FROM: STA Board of Directors
DATE: August 28, 2002
RE: Proposed Changes to the STA Bylaws
The STA Board of Directors has recommended the following amendments to the STA Bylaws. In
order for the changes to take effect, ratification is required by 2/3 of member city councils. If you
have any questions about the proposed changes, please feel free to contact Tom Poul, STA Lobbyist,
at 651/228-9757 or tpoul@mandklaw.com.
Art. 1, § 1 Eliminates listing of initial members of STA. Defines membership in STA in general
terms.
Art. VI, § 1 Changes length of terms of officers from one year to two years.
Art. VII, § 1 States that meetings of the Board shall be "called" at least two times per year, rather
than "held quarterly," in order to be consistent with the JCA. The JCA requires
meetings to be called at least two times per year.
Art. VII, § 3 Changes procedure to call a special meeting of the Board of Directors to make this
language consistent with the language in the JCA.
Art. X, § 1 Changes procedures to propose and ratify amendments to the Bylaws to be consistent
with procedures to amend the JCA, as stated in the JCA.
CITY COUNCIL AGENDA
DATE: 9/17/02
SECTION: Public Hearings
SERVICE AREA/DIVISION:
ITEM DESCRIPTION:
ITEM NO.:
Community Development
A
Donald R. Uram
Heritage Preservation Site Alteration Permit
.
John Gertz
Requested Action
• Approve Heritage Preservation Site Alteration Permit #2002-03-0005
Synopsis — -
Pursuant to City Code, Section 11.05, Subd. 5, permit review, the Heritage Preservation
Commission has reviewed a request for a Site Alteration Permit for the Fredrick -Miller Spring,
for relocation of the spring stand pipe to a location nearer the creek (east of the present location),
construction of a new spring tank, parking area, interpretive panel and bench seating.
Background
The Heritage Preservation Commission first reviewed plans for spring improvements in 1997,
and approved relocation and renovation plans at its March 16, 1998 meeting. Following the
HPC's approval of the project it was determined to delay work on the spring until the anticipated
water and sewer work in the area were completed. Subsequently, water and sewer work were not
extended to the spring site as expected.
On March 19, 2002, the City Council approved proceeding with a joint project with the Riley -
Purgatory Bluff Creek Watershed District in the renovation of the spring. The Heritage
Preservation Commission recommends the City Council approve the Heritage Preservation Site
Alteration Permit.
Attachments
1. Area location map
2. Fredrick -Miller Spring improvement plan
3. Heritage Preservation Site Alteration Permit
13
Area LocationMap for:
Heritage Preservation Site Alteration Spring Road
a
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Spring Road :
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Spring Road
Flying Clo riv ` (
HWY 212)
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No Scale
Permit # 2002-03-0005
City of Eden Prairie
Application for Heritage Preservation Site Alteration Permit
L Property Location
Name: Fredrick -Miller Spring
Address: Spring Road
SHPO Site Number: HE-EPC-088
H. Applicant
Name: City of Eden Prairie
Address: 8080 Mitchell Road
Eden Prairie, MN 55344
Phone: 952-949-8300
III. Property Owner
Name: City of Eden Prairie
Address: Same
Phone: Same
IV. Contractor/Architect Performing Work
Name: Barr Engineering Company
Address: 8300 Norman Center Drive
Bloomington, MN 55437-1026
Phone: 952-832-2600
V. Project Description:
Spring improvements, including relocation of the spring stand pipe to a location nearer the creek,
construction of a new spring tank, parking area, interpretive sign and bench seating.
IV. Materials to be included with Application: (see attachment)
........................................................................................................................I...............
Permit Application received: 9/17/02
Type of Work (Minor/Major): Major
Permit Fee amount: N/A
This permit is permissive only and does not release the Permittee from any liability or obligation imposed by
City Code, Minnesota Statute or Federal Law.
i5
IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as
of the day and year aforesaid.
NIA
By
Its
By
Its
STATE OF NIINNESOTA )
)ss.
COUNTY OF HENNEPIN )
CITY OF EDEN PRAIRIE
Nancy Tyra -Lukens, Mayor
Scott H. Neal, City Manager
The foregoing instrument was acknowledged before me this day of , 2002, by Nancy
Tyra -Lukens and Scott H. Neal, 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 NIINNESOTA
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of , 2002, by
the , a Minnesota , on behalf of the corporation.
Notary Public
Notary Public
//'
CITY COUNCIL AGENDA
DATE: 09/17/02
SECTION: Public Hearings
SERVICE AREAIDIVISION:
ITEM DESCRIPTION:
ITEM NO.:
Community Development
Donald R. Uram
Rolling Hills Senior Housing PUD Amendment
ML ,
Michael D. Franzen
Move to:
• Close the Public Hearing; and
• Adopt the Resolution for Comprehensive Guide Plan Change on 1.02 acres; and
• Adopt the Resolution for PUD Concept Amendment on 1.02 acres; and
• Direct Staff to prepare a Developer's Agreement incorporating Staff and Board
recommendations and Council conditions.
• Authorize Staff to issue a land alteration permit and footing and foundation permit
Synopsis
This approved plan is a three-story, 142-unit senior residential building, and a three-story,
17,500-sq. ft. medical office. The senior building is under construction. The amendment is
changing the office building to a single story, 22-unit, skilled nursing building. The project will
require a guide plan change from Office to High Density Residential. The project also requires
waivers for density and parking.
Community Planning Board Recommendation
The Community Board voted 7-0 to recommend approval of the project to the City Council at the
August 26, 2002 meeting
Background
Changing the guide plan helps satisfy a need for senior health and social services and creates a
better visual transition to the townhouses to the east.
The project will need the following waivers from the City Code:
• Density from 17.4 to 20.95 units per acre.
The waiver is related to the total number of units proposed. Eden Shores Senior Campus and
Realife Valley View Cooperative were approved with similar waivers.
• Parking from 2 spaces per dwelling unit to 1.0 spaces per dwelling unit.
This waiver is similar to the parking requirements approved for the Eden Shores Senior
project. The senior building under construction adjacent to this project was approved at .7
spaces per unit. Facilities of this nature do not necessitate the number of parking stalls
11-7
Rolling Hills Senior Housing PUD Amendment
September 17, 2002
required in the RM-2.5 district. The parking will sufficiently accommodate resident, visitor
and staff parking.
Attachments
1. Resolution for Comprehensive Guide Plan Amendment
2. Resolution for PUD Concept Amendment.
3. Planning Board Minutes dated August 26, 2002
4. Planning Board Staff Report dated August 23, 2002
ROLLING HILLS SENIOR HOUSING PUD AMENDMENT
CITY OF EDEN PRAIRIE.
HENNEPIN COUNTY, NIINNESOTA
RESOLUTION NO.2002-
A RESOLUTION AMENDING THE
COMPREHENSIVE MUNICIPAL PLAN
WHEREAS, the -City of Eden Prairie has prepared and adopted the Comprehensive
Municipal Plan ('Plan'); and
WHEREAS, the Plan has been submitted to the Metropolitan Council for review and
comment; and
WHEREAS, the proposal of Rolling Hills Senior Housing PUD Amendment by Shelter
Corporation is for a revision of an approved 3-story commercial building to a 1-story skilled care
center.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden
Prairie, Minnesota, hereby adopts the amendment of the Plan subject to Metropolitan Council
approval as follows: zoning district change from office to RM-2.5 on 1.02 acres, located at
Prairie Center Drive and Rolling Hills Road.
Rolling Hills Senior Housing PUD Amendment, being in Hennepin County, Minnesota,
legally described as outlined in Exhibit A, is attached hereto and made a part hereof.
ADOPTED by the City Council of the City of Eden Prairie this 17th day of September,
2002.
Nancy Tyra -Lukens, Mayor
ATTEST:
Kathleen A. Porta, City Clerk
EXHIBIT A
PUD CONCEPT - ROLLING HILLS SENIOR HOUSING PUD
AMENDMENT
Legal Description:
Lots 1 and 2, Block 1, Rolling Hills Senior Housing
ROLLING HILLS SENIOR HOUSING PUD AMENDMENT
CITY OF EDEN PRAIRIE,
HENNEPIN COUNTY, NIINNESOTA
RESOLUTION NO.2002-
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT OF ROLLING HILLS SENIOR HOUSING PUD AMENDMENT
FOR SHELTER CORPORATION
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 Community Planning Board did conduct a public hearing on August 26,
2002 by Shelter Corporation 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 September 17, 2002.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1. Rolling Hills Senior Housing PUD, being in Hennepin County, Minnesota, legally
described as outlined in Exhibit A, is attached hereto and made a part hereof.
2. That the City Council does grant PUD Concept approval as outlined in the plans
dated September 10, 2002.
3. That the PUD Concept meets the recommendations of the Community Planning
Board dated August 26, 2002.
ADOPTED by the City Council of the City of Eden Prairie this 17th day of September,
2002.
Kathleen A. Porta, City Clerk
Nancy Tyra -Lukens, Mayor
)al
*0/ 1"1 W4111,
PUD Concept -Rolling Hills Senior Housing PUD Amendment
Legal Description:
Lots 1 and 2, Block 1, Rolling Hills Senior Housing
Planning Board Minutes
August 26, 2002
Page 3
V. PUBLIC HEARINGS
A. ROLLING HILLS SENIOR HOUSING PUD AMENDMENT by Shelter
Corporation. Request for: Guide Plan Change from Office to High Density
Residential on 1.02 acres, Planned Unit Development Concept Amendment on 1.02
acres, Planned Unit Development District Review with waivers on 1.02 acres,
Zoning District Change from Office to RM-2.5 on 1.02 acres, and Site Plan Review
on 1.02 acres. Location: Intersection of Rolling Hills Road and Prairie Center Drive.
Jay Jensen, developer, stated this use as a rehab center will compliment the
residential next door. The Ebenezer Society and Fairview will partner with them.
They hope to get approval and begin construction.
Joe Davidson, architect, reviewed the overall site plan, proposed changes, and floor
plans of the buildings. There are 22 total rooms and a therapy center. This building
is considerably shorter.
Nelson stated the materials say a skilled nursing facility and not a rehab center. She
questioned whether this was long term or short term care, and whether therapy
would be available to other residents, and meals. She inquired about transportation.
The building is an attractive facility.
Jensen stated both were correct. This is short-term care, it is not a long term care
facility. The department of health would see it as skilled nursing but it will be
managed as a rehab center. Each resident in the adjoining building receives two
meals per day. Fairview Health Systems will incorporate a small store, a caf6, and a
pharmacy with transportation available.
Corneille asked if there are plans for a pedestrian crosswalk overpass.
Gray said there are no current plans and questioned whether seniors would use it. It
is quite a climb, and a distance up to the mall entrances. It is questionable whether it
would be cost effective.
Corneille stated there is a large residential community that may be interested in
utilizing it.
Gray explained there are trails and crossings, and a median that is quite useable for
adult walkers to use. The cost of an overpass would be substantial.
Steppat inquired about the level of care and expressed concern about people needing
long term care.
Jensen stated if long term care were required, beyond 100 days, residents could
remain in the residential building and receive therapy.
Planning Board Minutes
August 26, 2002
Page 4
Foote asked whether they had discussed this with Southwest Metro.
Jensen stated preliminarily; they would like to have a handicapped accessible bus
and van scheduled to take them to the mall, to doctor's appointments, or downtown.
They would like to work on synergy with Southwest Metro.
Ray Alhard, 11593 Carriage Court, stated he walks on Preserve Boulevard and it is
hazardous. There are six lanes of traffic to cross. He had hoped a better crossing
could be added.
MOTION: by Stoelting, second by Nelson to close the public hearing. Motion
carried, 7-0.
The public hearing closed at 7:30 p.m.
MOTION: by Stoelting, second by Brooks to approve the request for Guide Plan
Change from Office to High Density Residential on 1.02 acres, Planned Unit
Development Concept Amendment on 1.02 acres, Planned Unit Development
District Review with waivers on 1.02 acres, Zoning District Change from Office to
RM-2.5 on 1.02 acres, and Site Plan Review on 1.02 acres based on plans dated
August 13, 2002 and subject to the recommendations of the staff report dated
August 23, 2002. Motion carried, 7-0.
TO: Planning Commission
FROM: Michael D. Franzen, City Planner
DATE:
August 23, 2002
SUBJECT:
Rolling Hills Senior Housing
APPLICANT:
SE Rolling Hills, LLC
OWNER:
Frana and Sons, Inc.
LOCATION:
Southeast corner of Prairie Center Drive and Rolling Hills Road
REQUEST:
1. Guide Plan Amendment from Office to High Density Residential on
1.02 acres
2. Planned Unit Development Concept Amendment on 1.02 acres
3. Planned Unit Development District Amendment with waivers on 1.02
acres
4. Zoning District Change from Office to High Density Residential on
1.02 acres
5. Site Plan Review on 1.02 acres
1-35
Area Location 11a
Rolling Hills Senior Housing PUD Amendment
00'1-036
Rol ng Hills Rd
He Center Drive
Staff Report — Rolling Hills Senior Housing Amendment
BACKGROUND
This approved plan is a three-story, 142-unit senior residential building, and a three-story,
17,500-sq. ft. medical office. The senior building is under construction. The amendment is
changing the office building to a single story, 22-unit, skilled nursing building.
COMPREHENSIVE PLAN AMENDMENT
The project will require a guide plan change from Office to High Density Residential. Changing
the guide plan accomplishes the following:
• Helps satisfy a need for senior, health and social services.
• Creates abetter visual transition to the townhouses to the west.
SITE PLAN
The site plan shows a one story, 11,600-s.f building with 22 units. The building meets the
required 35-foot setback from public roads. The building meets the approved setback of 50 feet
to the existing townhomes to the east. Parking meetings the required setbacks.
The skilled nursing building will be connected to the senior housing building under construction.
An existing lot line between the buildings must be eliminated or there would be a zero lot line
setback waiver. The common lot line will be eliminated by an administrative combination.
PLANNED UNIT DEVELOPMENT WAIVERS
The project will need the following waivers from the City Code:
• Density from 17.4 to 20.95 units per acre.
The waiver is related to the total number of units proposed. Eden Shores Senior Campus and
Realife Valley View Cooperative were approved with similar waivers.
• Parking from 2 spaces per dwelling unit to 1.0 spaces per dwelling unit.
This waiver is similar to the parking requirements approved for the Eden Shores Senior
project. The senior building under construction adjacent to this project was approved at .7
spaces per unit. Facilities of this nature do not necessitate the number of parking stalls
required in the RM-2.5 district. The parking will sufficiently accommodate resident, visitor
and staff parking.
')7T_
Staff Report — Rolling Hills Senior Housing Amendment
August 23, 2002
GRADING AND TREE LOSS
There is no significant tree loss on the site.
LANDSCAPE PLAN
The landscaping requirement approved for this site and the adjoining site is 750 inches based on
building square footage, a 10-foot high berm, and 100, 10-12 foot high conifers to be planted on
the berm. The plan meets this requirement. Any existing trees located on the berm disturbed by
the installation of the retaining wall will be reinstalled.
ARCHITECTURE
The building meets architectural standards for 75% face brick, glass, or natural stone. The
architecture is similar to the senior building currently under construction.
UTILITIES AND DRAINAGE
Sewer and water is available in Prairie Center Drive and Rolling Hills Road. The existing NURP
pond will be maintained, and was designed to accommodate full development of this site as part of
the original PUD.
SIDEWALKS
A bituminous trail will be added along Prairie Center Drive connecting from the existing trail at
the corner of Preserve Boulevard and Prairie Center Drive to the intersection of Rolling Hills
Road and Prairie Center Drive. A sidewalk will extend along to Rolling Hills Road from Prairie
Center Drive and connect with the existing sidewalk constructed with a previous residential
development. Internal project connections to the trail and sidewalk are also proposed.
TRAFFIC
This project will not generate enough traffic to warrant a traffic signal at either the Rolling Hills
or Prairie Lakes Drive intersections with Prairie Center Drive. A traffic signal at Prairie Lakes
Drive will be installed this fall.
LIGHTING
Site lighting is 20 feet tall. This is a standard for residential projects.
i�
Staff Report — Rolling Hills Senior Housing Amendment
SUAEYIARY
This project helps meets housing needs and provides a better transition to the existing
townhomes to the east.
STAFF RECOMMENDATION
Staff would recommend approval of the following request:
• Guide Plan Amendment from Office to High Density Residential on 1.02 acres
• Planned Unit Development Concept Amendment on 1.02 acres
• Planned Unit Development District Amendment with waivers on 1.02 acres
• Zoning District Change from Office to High Density Residential on 1.02 acres
• Site Plan Review on 1.02 acres
This is based on plans dated August 13, 2002, the Staff Report dated August 23, 2002, and the
following conditions:
1. Prior to building permit issuance, the proponent shall:
A. Review the building plans with the Fire Marshal.
B. Submit a landscaping bond in accordance with City Code.
C. Provide building material samples and colors for review by the City Planner.
D. Pay the cash park fee.
2. The following waivers to the City Code are granted as part of the PUD:
• Density from 17.4 to 20.95 units per acre.
• Parking from 2 spaces per dwelling unit to 1.0 spaces per dwelling unit.
FA
RIM
CITY COUNCIL AGENDA
DATE:
September 17, 2002
SECTION: Public Hearin
SERVICE AREA/DIVISION:
ITEM DESCRIPTION: I.C. 52 204
ITEM NO.:
Engineering Services
Order Improvements for Pioneer Trail/Flying
Alan D. Gray
Cloud Drive Area Utility Improvements
Eugene A. Dietz
Requested Action
Move to:
1. Close the public hearing and
2. Adopt the resolution ordering Pioneer Trail/Flying Cloud Drive Area Utility
Improvements
Synopsis
The feasibility study has been in the development process for several years. The project will
provide a segment of trunk watermain for the City along the Pioneer Trail corridor and provide
lateral utility service to the existing building areas of Flying Cloud Field, the BFI development
on Flying Cloud Drive and the proposed office warehouse development in the northwest
quadrant of Pioneer Trail and Flying Cloud Drive.
City and MAC staff have recently reached a preliminary agreement regarding the benefit to
Flying Cloud Field from the proposed utility improvements. This benefit is reflected in the cost -
sharing proposals contained within the feasibility study. Through the hearing process Council
will consider the staffed -developed cost -shared proposals with MAC and review the
appropriateness of the proposed assessments to other properties abutting the improvements.
MAC staff and the other property owners have reviewed the feasibility study and indicated their
general acceptance
Background Information
Details are provided in the Feasibility Study
Attachments
Feasibility Study
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, IVIINNESOTA
RESOLUTION NO.
RESOLUTION ORDERING IMPROVEMENTS
I.C. 52-204
WHEREAS, a resolution of the City Council adopted the 20th day of August, 2002, fixed the
17th day of September, 2002, as the date for a public hearing on the following proposed
improvements:
I.C. 52-204: Pioneer Trail/Flying Cloud Drive Area Utility Improvements
WHEREAS, ten days published notice of the Council Hearing through two weekly publications
of the required notice was given and the hearing was held on the 17th day of September, 2002, at
which all persons desiring to be heard were given an opportunity to be heard thereon.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council:
1. Such improvement is hereby ordered.
2. The City Engineer is hereby designated as the Engineer for this project and is
hereby directed to solicit bids for the making of such improvements in accordance
with plans prepared by HTPO, Inc., consulting engineers.
ADOPTED by the Eden Prairie City Council on September 17, 2002.
ATTEST:
Kathleen A. Porta, City Clerk
Nancy Tyra -Lukens, Mayor
SEAL
13I
CITY COUNCIL AGENDA
DATE:
SECTION: Payment of Claims
Sept. 17, 2002
SERVICE AREA/DIVISION:
ITEM DESCRIPTION:
ITEM NO.:
Community Development and
Payment of Claims
`
Financial Services/Don Uram
Requested Action
Move to: Approve the Payment of Claims as submitted (roll call vote)
Synopsis
Checks 113121-113478
Wire Transfers 1599-1602, 1604 and 1606
Background Information
Attachments
I -'
City of Eden Prairie
Council Check Summary
9/17/2002
Division Amount
General
404,063
101
Legislative
21,169
102
Legal Counsel
32,256
110
City Clerk
1,109
111
Customer Service
12,642
113
Communication Services
3,458
114
Benefits & Training
1,285
115
Risk Management
3,434
116
Facilities
5,922
117
City Center
1,575
130
Assessing
105
131
Finance
364
132
Housing, Trans, Social Service
7,426
133
Community Development
(187)
136
Wireless Communication
572
150
Park Administration
1,796
151
Park Maintenance
13,799
152
Parks Capital Outlay
912
153
Athletic Programs
4,520
154
Community Center
11,606
156
Youth Programs
3,304
157
Special Events
32
158
Senior Center
7,738
160
Adaptive Recreation
255
162
Arts
145
163
Park Facilities
2,589
180
Police
4,996
183
Civil Defense
93
184
Fire
8,667
200
Engineering
143
201
Street Maintenance
18,405
202
Street Lighting
225
203
Fleet Services
25,151
303
Cemetary Operation
320
312
Recycle Rebate
4,948
314
Liquor Compliance
180
404
Building Refunding 1992A
26,499
502
Park Development
167,508
503
Utility Improvement
1,018
506
Improvment Bonds 1996
331,871
507
Construction Fund
783,967
509
CIP Fund
66,688
511
Construction Fund
27,266
601
Prairie Village Liquor
55,900
602
Den Road Liquor
115,226
603
Prairie View Liquor
57,622
701
Water Fund
151,728
702
Sewer Fund
2,365
703
Storm Drainage Fund
23,119
801
Perpetual Care Cemetary
80
803
Escrow Fund
7,687
Report Totals
2,423,563
City of Eden Prairie
Council Check Register
9/17/2002
Check ;f
Amount
Vendor
Account Description
1599
125,030
WELLS FARGO MINNESOTA N A
Federal Taxes Withheld
1600
23,182
MINNESOTA DEPT OF REVENUE
State Taxes Withheld
1601
15,383
ORCHARD TRUST CO AS TRUSTEEICU
Deferred Compensation
1602
8,935
ICMA RETIREMENT TRUST-457
Deferred Compensation
1604
26,499
US BANK TRUST NATIONAL ASSN
Interest
1606
62,817
PUBLIC EMPLOYEES RETIREMENT
Employers PERA
113121
99
CLAREYS INC
Safety Supplies
113122
30
FREY, LYNDELL
Deposits
113123
193
GE CAPITAL
Other Rentals
113124
1,070
GHILANI, LEN
Deposits
113125
46
GLENROSE FLORAL AND GIFT SHOPS
Deposits
113126
2,730
HARRISON, WAYNE
Instructor Service
113127
585
HENNEPIN COUNTY
Waste Disposal
113128
73
HENNEPIN COUNTY TREASURER
Waste Disposal
113129
593
J H LARSON ELECTRICAL COMPANY
Capital Under $2,000
113130
382
LEAGUE MN CITIES INS TRUST
Insurance
113131
350
LESCO INC
Capital Under$2,000
113132
2,005
MITCHELL/5INC
Deposits
113133
2,340
MTOA
Tuition Reimbursement/School
113134
224
PETTY CASH
Special Event Fees
113135
400
SCHMIDT, PERRY
Cemetery Lot Maint. 20%
113136
25
US POSTMASTER
Postage
113137
2,099
XCEL ENERGY
Principal
113138
141
ACE ICE COMPANY
Misc Non -Taxable
113139
376
ALL SAINTS BRANDS DISTRIBUTING
Beer
113140
77
AMERIPRIDE LINEN & APPAREL SER
Repair & Maint. Supplies
113141
605
ARCTIC GLACIER INC
Misc Non -Taxable
113142
1,357
BELLBOY CORPORATION
Liquor
113143
6,453
DAY DISTRIBUTING
Beer
113144
2,986
EAGLE WINE COMPANY
Wine Domestic
113145
15,198
EAST SIDE BEVERAGE COMPANY
Beer
113146
32
EXTREME BEVERAGE
Misc Taxable
113147
597
GRAPE BEGINNINGS
Wine Imported
113148
12,004
GRIGGS COOPER & CO
Liquor
113149
545
HOHENSTEINS INC
Beer
113151
13,521
JOHNSON BROTHERS LIQUOR CO
Liquor
113152
1,820
LAKE REGION VENDING
Tobacco Products
113153
5,949
MARK VII
Beer
113154
931
MIDWEST COCA COLA BOTTLING COM
Misc Taxable
113155
161
NEW FRANCE WINE COMPANY
Wine Domestic
113156
5,027
PAUSTIS & SONS COMPANY
Wine Imported
113157
78
PEPSI COLA COMPANY
MiscTaxable
113158
9,377
PHILLIPS WINE AND SPIRITS INC
Wine Domestic
113159
1,415
PINNACLE DISTRIBUTING
Tobacco Products
113160
2,117
PRIOR WINE COMPANY
Wine Domestic
113161
10,651
QUALITY WINE & SPIRITS CO
Liquor
113162
16,949
THORPE DISTRIBUTING
Beer
113163
546
WINE COMPANY, THE
Wine Domestic
113164
266
ARMOR SECURITY INC.
Equipment Repair & Maint
113165
5,673
AWWA RESEARCH FOUNDATION
Dues & Subscriptions
113166
2,682
ELAN FINANCIAL SERVICES
Conference Expense
113167
35,859
GREGERSON ROSOW JOHNSON & NILA
Legal
113168
9
MINNESOTA DEPT OF PUBLIC SAFET
Bike Registrations
113169
32
ON THE LEVEL INC
Cash Over/Short
113170
2,974
PARK NICOLLET CLINIC
Other Contracted Services
113171
530
REBS MARKETING
Other Contracted Services
113172
25
SOCIAL SECURITY ADMINISTRATION
Other Contracted Services
113173
40
TELEPHONE ANSWERING CENTER INC
Other Contracted Services
113174
2,819
US POSTMASTER - HOPKINS
Postage
113175
165
WALMART COMMUNITY
Operating Supplies
113176
20
WLS
Dues & Subscriptions
113177
5,818
XCEL ENERGY
Electric
113178
25
ANDERSON, KEN
Program Fee
113179
25
BACH, VERN
Program Fee
113180
25
BELLERIVE, ED
Program Fee
113181
25
BERNTSEN, FLOYD
Program Fee
113182
1,040
BOLD, PAULINE
Instructor Service
Business Unit
General Fund
General Fund
General Fund
General Fund
Building Refunding Bonds 1995A
General Fund
Water Treatment Plant
Escrow
General
Escrow
Escrow
Athletics
Park Maintenance
Park Maintenance
Park Acquisition & Development
Risk Management
Park Maintenance
Escrow
Police
Teen Work Program\
Pleasant Hill Cemetary
General
Traffic Signals
Prairie View Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Prairie Village Liquor Store
Den Road Liquor Store
Prairie Village Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Prairie Village Liquor Store
Prairie View Liquor Store
Prairie Village Liquor Store
Den Road Liquor Store
Prairie Village Liquor Store
Prairie View Liquor Store
Den Road Liquor Store
Outdoor Center
Water Utility - General
Police
Legal Criminal Procecution
General Fund
General Fund
Risk Management
Water Accounting
Finance
Water Treatment Plant
Communication Services
Youth Programs Administration
In Service Training
Water Treatment Plant
Senior Center Program
Senior Center Program
Senior Center Program
Senior Center Program
Outdoor Center
13
City of Eden Prairie
Council Check Register
9/17/2002
Check--
Amount
Vendor
113183
25
CARLING, BOB
113184
10
CONLON, RICHARD
113185
9
CONNAUGHTY, CURTIS
113186
20
FROHREICH, LAWRENCE
113187
25
GIBSON, BOB
113188
25
GIBSON, C. PARKER
113189
25
GILBERT, GORDON
113190
25
GOETTSCH, JACK
113191
600
GRABER, MATT
113192
15
GREEN, RICHARD
113193
25
HAGEN,FLOYD
113194
25
HAWKINS, BILL
113195
25
HEGNA, KAY
113196
25
HEGNA, LEN
113197
25
JOHNSON,GERALD
113198
25
KAEHLER, LUDDIE
113199
25
KEMBLE, JIM
113200
25
KORMAN, CLAIR
113201
25
LANO, RON
113202
80
MCFERRIN, TANYA
113203
25
MOORE, MARLYS
113204
25
MULLER, RICH
113205
500
OTTERNESS, RON
113206
25
RENNER, NORM
113207
25
SHELHAMER,JANET
113208
25
STENSGAARD,STEVE
113209
189
TEKIELA, STAN
113210
121
THOMPSON, DAVE
113211
25
WATERS, ROBERT
113212
25
WINCKEL, ED
113213
25
YOUNG, DONALD
113214
330
AARP 55 ALIVE MATURE DRIVING
113215
99
BAGELMAN'S NEW YORK BAKERY
113216
131
CHANHASSEN BUMPER TO BUMPER
113217
5
COMMISSIONER OF TRANSPORTATION
113218
204
CONSTRUCTION BULLETIN
113219
326
GREATAMERICA LEASING CORP.
113220
1,236
GUNNAR ELECTRIC CO INC
113221
129
KRESS,CARLA
113222
8,772
LARKIN HOFFMAN DALY & LINDGREN
113223
156
LEEANN CHIN
113224
2,303
MINNESOTA PRINT MANAGEMENT LLC
113225
270
MINNESOTA STATE FIRE CHIEFS AS
113226
350
MINNESOTA STATE FIRE DEPTASSN
113227
3,000
POSTAGE BY PHONE RESERVE ACCOU
113228
180
SCOTT COUNTY SHERIFFS DEPT
113229
436
VERIZON DIRECTORIES CORP.
113230
55
WERTS, SANDY
113231
95
ACE ICE COMPANY
113232
106
ALL SAINTS BRANDS DISTRIBUTING
113233
98
AMERIPRIDE LINEN & APPAREL SER
113234
447
ARCTIC GLACIER INC
113235
1,386
BELLBOY CORPORATION
113236
7,562
DAY DISTRIBUTING
113237
2,732
EAGLE WINE COMPANY
113238
8,339
EAST SIDE BEVERAGE COMPANY
113239
142
GETTMAN COMPANY
113240
3,799
GRAPE BEGINNINGS
113241
15,804
GRIGGS COOPER & CO
113242
185
HOHENSTEINS INC
113244
21,122
JOHNSON BROTHERS LIQUOR CO
113245
2,084
LAKE REGION VENDING
113246
10,465
MARK VII
113247
353
MIDWEST COCA COLA BOTTLING COM
113248
571
PAUSTIS & SONS COMPANY
113249
75
PEPSI COLA COMPANY
113250
10,557
PHILLIPS WINE AND SPIRITS INC
Account Description
Program Fee
Program Fee
Program Fee
Program Fee
Program Fee
Program Fee
Program Fee
Program Fee
Instructor Service
Program Fee
Program Fee
Program Fee
Program Fee
Program Fee
Program Fee
Program Fee
Program Fee
Program Fee
Program Fee
Instructor Service
Program Fee
Program Fee
Instructor Service
Program Fee
Program Fee
Program Fee
Operating Supplies
Youth Resident
Program Fee
Program Fee
Program Fee
Other Contracted Services
Miscellaneous
Equipment Parts
Operating Supplies
Legal Notices Publishing
Other Rentals
Equipment Repair & Maint
Mileage & Parking
Legal
Miscellaneous
Office Supplies
Conference Expense
Dues & Subscriptions
Postage
Deposits
Advertising
Mileage & Parking'
Misc Non -Taxable
Beer
Repair & Maint. Supplies
Misc Non -Taxable
Liquor
Beer
Wine Domestic
Beer
Misc Taxable
Wine Domestic
Liquor
Beer
Liquor
Tobacco Products
Beer
Misc Taxable
Wine Domestic
Misc Taxable
Liquor
Business Unit
Senior Center Program
Outdoor Center
Senior Center Program
Outdoor Center
Senior Center Program
Senior Center Program
Senior Center Program
Senior Center Program
Outdoor Center
Tennis
Senior Center Program
Senior Center Program
Senior Center Program
Senior Center Program
Senior Center Program
Senior Center Program
Senior Center Program
Senior Center Program
Senior Center Program
Outdoor Center
Senior Center Program
Senior Center Program
Outdoor Center
Senior Center Program
Senior Center Program
Senior Center Program
Outdoor Center
Community Center Admin
Senior Center Program
Senior Center Program
Senior Center Program
Senior Center Program
General Facilities
Fleet Services
Engineering
Storm Drainage Projects
General
Traffic Signals
Adaptive Recreation
Construction Fund
General Facilities
General
Fire
Fire
General
Escrow
Prairie View Liquor Store
Senior Center Administration
Prairie View Liquor Store
Den Road Liquor Store
Prairie View Liquor Store
Den Road Liquor Store
Prairie View Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Prairie View Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Prairie View Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Prairie Village Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
1-315
Check
113251
113252
113253
113254
113255
113256
113257
113258
113259
113260
113261
113262
113263
113264
113265
113266
113267
113268
113269
113270
113271
113272
113273
113274
113275
113276
113277
113278
113279
113280
113281
113282
113283
113284
113285
113286
113287
113288
113289
113290
113291
113292
113293
113294
113295
113296
113297
113298
113299
113300
113301
113302
113303
113304
113305
113306
113307
113308
113309
113310
113311
113312
113313
113314
113315
113316
113317
Amount
1,041
2,389
8,763
12,878
630
634
479
3,536
50
70
178
53
423
60
60
104
186
23
404
250
15
60
339
74
2,291
920
161,393
151
2,094
1,250
768
15
4,948
25
21,096
1,212
5,069
28
2,818
2,191
336
642
80
7
573
777
100
37
7
7
65
59
7
213
14
77
7
180
550
30
340
7
251
257
7
7
7
City of Eden Prairie
Council Check Register
9/17/2002
Vendor
PINNACLE DISTRIBUTING
PRIOR WINE COMPANY
QUALITY WINE & SPIRITS CO
THORPE DISTRIBUTING
TRI COUNTY BEVERAGE & SUPPLY
WINE COMPANY, THE
WINE MERCHANTS INC
WORLD CLASS WINES INC
HILL MURRAY SCHOOL
MINNESOTA HISTORICAL SOCIETY
QWEST
WESTACOTT, JOEL
ANCHOR PAPER COMPANY
ANDERSON,LAURA
ARVOLD, KATIE
BOCK, FRED
CUB FOODS EDEN PRAIRIE
CULLIGAN-METRO
DELEGARD TOOL CO
EDINA, CITY OF
EXPRESS MESSENGER SYSTEMS INC
GAUTSCHE,ASHLEY
JOHNSON,BECK[
KING, MARION
LAKELAND FORD TRUCK SALES
LANZI, BOB
MEDICA CHOICE
MENARDS
MINN CHILD SUPPORT PAYMENT CTR
MINNESOTA STATE FAIR
SIR SPEEDY
TABOR, LAURE
BROWNING-FERRIS INDUSTRIES
HLB TAUTGES REDPATH LTD
LEAGUE OF MINNESOTA CITIES
METRO SALES INCORPORATED*
PRUDENTIAL INS CO OF AMERICA C
QUICKSILVER EXPRESS COURIER
RELIASTAR LIFE INSURANCE CO
RUMPCA CO INC
US POSTMASTER - HOPKINS
ANCHOR PAPER COMPANY
BAGELMAN'S NEW YORK BAKERY
BOYLES, MIKE
CHANHASSEN BUMPER TO BUMPER
EGAN OIL COMPANY
GRABER,MATT
HEAD, JOY
HERMES, CAROLINE
HILL, TORI
IKI
J H LARSON ELECTRICAL COMPANY
KARPAS,ANNA
KJOLHAUG ENVIRONMENTAL SERVICE
KRAPF,LYNN
LEAGUE MN CITIES INS TRUST
LEE, GISELA
MILLE LACS COUNTY SHERIFF'S DE
MITCHELL, JULIE
MN GIS/LIS
MN GIS/LIS
OBERMANN, CAROL
OFFICE DEPOT CREDIT PLAN
PETTY CASH
SELL, SALLY
TAYLOR,MARY
TESKE,DEB
Account Description
Tobacco Products
Wine Domestic
Liquor
Beer
Beer
Wine Domestic
Wine Domestic
Wine Imported
Other Rentals
Conference Expense
Telephone
Operating Supplies
Office Supplies
Other Contracted Services
Other Contracted Services
Clothing & Uniforms
Operating Supplies
Operating Supplies
Equipment Parts
Operating Supplies
Postage
Other Contracted Services
Mileage & Parking
Instructor Service
Equipment Parts
Mileage & Parking
Medical Bills Prepaid
Operating Supplies
Garnishment Withheld
Deposits
Printing
Program Fee .
Other Contracted Services
Conference Expense
Dues & Subscriptions
Other Rentals
Life Insurance Employees
Postage
Disability Ins Employers
Waste Disposal
Postage
Office Supplies
Miscellaneous
Program Fee
Equipment Parts
Lubricants & Additives
Instructor Service
Program Fee
Program Fee
Program Fee
Equipment Repair & Maint
Equipment Repair & Maint
Program Fee
Design & Engineering
Program Fee
Insurance
Program Fee
Deposits
Other Contracted Services
Travel Expense
Conference Expense
Program Fee
Operating Supplies
Mileage & Parking
Program Fee
Program Fee
Program Fee
Business Unit
Prairie View Liquor Store
Prairie Village Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Prairie Village Liquor Store
Den Road Liquor Store
Prairie View Liquor Store
Prairie Village Liquor Store
Summer Theatre
In Service Training
Water Utility - General
Staring Lake Concert
General
Liquor Compliance
Liquor Compliance
Police
Fire
Outdoor Center
Fleet Services
Elections
General
Liquor Compliance
Finance
Senior Center Program
Fleet Services
Athletic Programs Admin
General Fund
Park Maintenance
General Fund
Escrow
Elections
Senior Center Program
Recycle Rebate
In Service Training
City Council
General
General Fund
General
General Fund
Tree Removal
Communication Services
General
General Facilities
Tennis
Fleet Services
Fleet Services
Outdoor Center
Tennis
Tennis
Tennis
Senior Center Operations
Police City Center
Tennis
Storm Drainage Projects
Tennis
Risk Management
Tennis
Escrow
Police
In Service Training
In Service Training
Tennis
Fire
Tennis
Tennis
Tennis
Tennis
City of Eden Prairie
Council Check Register
9/17/2002
Check#
Amount
Vendor
Account Description
113318
14
THAKKAR, CHARITA
Program Fee
113319
50
WALSTON, LOUISEM.
Instructor Service
113320
7
WILLIAMSON, JOELLE
Program Fee
113321
20
WILS
Dues & Subscriptions
113322
1,904
4 WHEEL DRIVE CENTER, THE
Capital Under $2,000
113323
159
AIR POWER EQUIPMENT CORPORATIO
Equipment Repair & Maint
113324
1,306
AIR -HYDRAULIC SYSTEMS INC.
Equipment Parts
113325
192
ALL METRO SUPPLIES
Landscape Materials/Supp
113326
2,269
AMERICAN WATER WORKS ASSOCIATI
Dues & Subscriptions
113327
919
AQUA ENGINEERING INC
Building Repair & Maint.
113328
173
ASPEN EQUIPMENT CO.
Equipment Parts
113329
164
AUTO ELECTRIC SPECIALISTS
Equipment Repair & Maint
113330
1,240
BARTZ, GERALD
Other Contracted Services
113331
1,971
BAUER BUILTTIRE AND BATTERY
Tires
113332
1,939
BERNE SCALE
Capital Under $2,000
113333
1,192
BLACK & VEATCH
Other Contracted Services
113334
535
BLOOMINGTON SECURITY SOLUTIONS
Operating Supplies
113335
314
BOYER TRUCKS SO. ST. PAUL
Equipment Parts
113336
5,037
BRAUN INTERTEC CORPORATION
Testing - Soil Boring
113337
1,450
BUCK, NATHAN
Other Contracted Services
113338
5,635
CANADA GOOSE PROGRAM, THE
Other Contracted Services
113339
3,074
CEMSTONE
Repair & Maint. Supplies
113340
2,591
CENTRAIRE INC
Equipment Repair & Maint
113341
360
CHUCK'S EXCAVATING INC
Other Contracted Services
113342
3,716
CLAREYS INC
Equipment Testing/Cert.
113343
113
CONCRETE CUTTING & CORING INC
Equipment Parts
113345
5,676
CORPORATE EXPRESS
Office Supplies
113346
31
CROWN MARKING INC
Operating Supplies
113347
11,763
CUTLER-MAGNER COMPANY
Chemicals
113348
141
DALE GREEN COMPANY, THE
Landscape Materials/Supp
113349
448
DEALER AUTOMOTIVE SERVICES INC
Capital Under $2,000
113350
680
DECORATIVE DESIGNS INC
Other Contracted Services
113351
24
DIGI-KEY
Equipment Parts
113352
800
DIXIE CARBONIC INC
Chemicals
113353
77,352
DMJ CORPORATION
Improvements to Land
113354
64
DRISKILLS NEW MARKET
Operating Supplies
113355
17,529
DRT TRANSPORT
Other Contracted Services
113356
533
EARL F ANDERSEN INC
Operating Supplies
113357
81,567
EBERT CONSTRUCTION
Building
113358
424
ECOLAB INC
Other Contracted Services
113359
125
EDEN PRAIRIE CHAMBER OF COMMER
Advertising
113360
468
EF JOHNSON
Equipment Repair & Maint
113361
308
ELVIN SAFETY SUPPLY INC
Equipment Repair & Maint
113362
1,371
EMERGENCY APPARATUS MAINTENANC
Equipment Repair & Maint
113363
405
ESCHELON TELECOM INC
Capital Under $2,000
113364
1,209
EXHIBIT PLANNERS
Other Contracted Services
113365
1,799
FACILITY SYSTEMS INC
Capital Under $2,000
113366
3,750
FAMILY & CHILDRENS SERVICE
Other Contracted Services
113367
736
FISHER SCIENTIFIC
Operating Supplies
113368
304
FLORAN TECHNOLOGIES
Cleaning Supplies
113369
1,026
FORCEAMERICA
Capital Under $2,000
113370
1,054
FORESTRY SUPPLIERS INC.
Operating Supplies
113371
1,035
G & K SERVICES-MPLS INDUSTRIAL
Clothing & Uniforms
113372
10,184
GARTNER REFRIGERATION & MFG IN
Building Repair & Maint.
113373
6,038
GENERAL REPAIR SERVICE
Equipment Parts
113374
23,100
GRAUS CONTRACTING INC
Building
113375
680
HACH COMPANY
Repair & Maint. Supplies
113376
27,265
HANSEN THORP PELLINEN OLSON
Design & Engineering
113377
1,506
HARDRIVES INC
Other Contracted Services
113378
242
HARMON AUTOGLASS
Equipment Repair & Maint
113379
8,243
HAWKINS WATER TREATMENT GROUP
Chemicals
113380
169
HENNEPIN COUNTY TREASURER
Operating Supplies
113381
14,895
HINTZ, JAMIE
Improvements to Land
113382
23
HIRSHFIELD'S
Operating Supplies
113383
5,796
HOUSE OF PRINT
Printing
113384
510
HOYT, MAEGAN
Other Contracted Services
113385
592
ICI DULUX PAINT CTRS
Repair & Maint Supplies
Business Unit
Tennis
Outdoor Center
Tennis
In Service Training
Fleet Services
Fire
Water Treatment Plant
Water Well #3
Water Utility - General
Water Treatment Plant
Fleet Services
Fleet Services
Softball
Fleet Services
Water Treatment Plant
Water Treatment Plant
Police City Center
Fleet Services
Charlson Area Construction
Volleyball
Deer Consultant
Storm Drainage
Prairie Village Liquor Store
Park Maintenance
Sewer System Maintenance
Fleet Services
General
General Facilities
Water Treatment Plant
Street Maintenance
Fleet Services
City Center Operations
Wireless Communication
Water Treatment Plant
Park Acquisition & Development
Walking
Lime Sludge
Traffic Signs
Park Acquisition & Development
Water Treatment Plant
Community Center Admin
Wireless Communication
Fire
Fire
Housing, Trans, & Human Sery
Environmental Education
Furniture
Housing, Trans, & Human Sery
Water Treatment Plant
Water Treatment Plant
Fleet Services
Park Maintenance
Fleet Services
Maintenance
Water Treatment Plant
Capital Impr. / Maint. Fund
Water System Maintenance
Improvement Projects 1996
Water System Maintenance
Fleet Services
Water Treatment Plant
Community Development
Capital Imps / Maint. Fund
Fire
Community Brochure
Volleyball
Water Treatment Plant
1 �-
City of Eden Prairie
Council Check Register
9/17/2002
Check #
Amount
Vendor
113386
2,548
IDEXX DISTRIBUTION CORP
113387
2,230
IN CONTROL INC.
113388
3,295
IND SCHOOL DIST272
113389
976
INDUSTRIAL LIGHTING SUPPLY INC
113390
210,351
INGRAM EXCAVATING INC
113391
162
INTERSTATE COMPANIES INC
113392
750
INVENSYS METERING SYSTEMS
113393
13,313
ITTRIUM
113394
200
J & H BERGE INC
113395
425
J J KELLER & ASSOCIATES INC
113396
1,835
JANEX INC
113397
220
JEFFERSON FIRE & SAFETY INC
113398
3,700
KELLER FENCE COMPANY INC
113399
191
KOENIG & SONS EQUIPMENT INC
113400
279
KRAEMERS HARDWARE INC
113401
773
LAB SAFETY SUPPLY INC
113402
303
LAKE COUNTRY DOOR
113403
49
LAKELAND FORD TRUCK SALES
113404
4,808
LAMETTRYS COLLISION
113405
1,146
LANO EQUIPMENT INC
113406
96
LESCOINC
113407
667
LIGHTNING PRINTING
113408
337
LUBRICATION TECHNOLOGIES INC
113409
2,557
M R SIGN
113410
14,141
MACDONALD & MACK ARCHITECTS LT
113411
90
MARKS CERTICARE AMOCO
113412
521
MARSHALL FAMILY FARM MARKET
113413
220
MATTS AUTO SERVICE INC
113414
96
MENARDS
113415
350
METRO EROSION INC
113416
339
METROPOLITAN FORD
113417
4,557
MIDWEST ASPHALT CORPORATION
113418
22
MIDWEST SPECIALTY SALES INC
113419
144
MINNESOTA ROADWAYS CO
113420
213
MINNESOTA SUPPLY COMPANY
113421
400
MINT CONDITION DETAILING
113422
103
MOORE MEDICAL CORP
113423
51
MTI DISTRIBUTING INC
113424
353
MUNICILITE
113425
3,209
MUNICIPAL EMERGENCY SERVICES
113426
400
MURRAY, JOHN
113427
521,615
NORTHDALE CONSTRUCTION CO INC
113428
123
NORTHSTAR REPRO PRODUCTS INC
113429
3,834
OLSEN COMPANIES
113430
67
OSI BATTERIES INC
113431
44,514
PARROTT CONTRACTING INC
113432
7,410
PETERSON ENVIRONMENTAL CONSULT
113433
1,514
PINK BUSINESS INTERIORS
113434
1,100
POWERPLAN
113435
704
PRAIRIE ELECTRIC COMPANY
113436
26
PRAIRIE LAWN AND GARDEN
113437
149
PRECISION BUSINESS SYSTEMS INC
113438
9
RAINBOW FOODS INC.
113439
18
REAL ESTATE GRAPHICS INC
113440
193
RITZ CAMERA CENTERS
113441
20,582
RMR SERVICES INC
113442
146
RUSSELL & MILLER INC
113443
300
SCRAP METAL PROCESSORS INC
113444
27,335
SHORT ELLIOT HENDRICKSON INC
113445
295,279
SJ LOUIS CONSTRUCTION INC
113446
110
SNAP -ON TOOLS
113447
456
SPECTRUM LABS INC
113448
45,445
SRF CONSULTING GROUP INC
113449
42
STATE SUPPLY COMPANY
113450
304
STEVE LUCAS PHOTOGRAPHY
113451
75
STREICHERS
113452
405
STS CONSULTANTS LTD
Account Description
Operating Supplies
Equipment Parts
Other Contracted Services
Repair & Maint. Supplies
Improvement Contracts
Equipment Parts
Other Contracted Services
Software
Protective Clothing
Safety Supplies
Cleaning Supplies
Tuition Reimbursement/School
Other Assets
Equipment Repair & Maint
Operating Supplies
Cleaning Supplies
Building Repair & Maint.
Equipment Parts
Equipment Repair & Maint
Other Rentals
Landscape Materials/Supp
Printing
Lubricants & Additives
Signs
Building
Equipment Repair & Maint
Landscape Materials/Supp
Other Contracted Services
Repair & Maint. Supplies
Other Contracted Services
Equipment Parts
Patching Asphalt
Equipment Parts
Patching Asphalt
Equipment Parts
Equipment Repair & Maint
Safety Supplies
Operating Supplies
Equipment Repair & Maint
Protective Clothing
Other Contracted Services
Improvement Contracts
Operating Supplies
Capital Under $2,000
Operating Supplies
Other Contracted Services
Design & Engineering
Capital Under $2,000
Equipment Parts
Building Repair & Maint.
Equipment Parts
Office Supplies
Operating Supplies
Operating Supplies
Video & Photo Supplies
Other Contracted Services
Operating Supplies
Waste Disposal
Design & Engineering
Improvement Contracts
Small Tools
Other Contracted Services
Design & Engineering
Equipment Parts
Other Contracted Services
Capital Under $2,000
Other Contracted Services
Business Unit
Water System Maintenance
Water Treatment Plant
Housing, Trans, & Human Sery
Water Treatment Plant
Chanson Area Construction
Fleet Services
Water Meter Reading
Capital Impr. / Maint. Fund
Water Treatment Plant
Water Utility - General
General Facilities
Fire
Water Well #10
Fleet Services
Civil Defense
Water Treatment Plant
Public Works/Parks
Fleet Services
Fleet Services
Street Maintenance
Water Well #3
Senior Center Program
Fleet Services
Traffic Signs
Capital Impr. / Maint. Fund
Fleet Services
Senior Center
Fleet Services
Water Treatment Plant
Storm Drainage Projects
Fleet Services
Street Maintenance
Fleet Services
Street Maintenance
Water Treatment Plant
Fleet Services
Fire
Park Maintenance
Fleet Services
Fire
Softball
Charlson Area Construction
Engineering
Park Acquisition & Development
Fleet Services
Storm Drainage
Construction Fund
Furniture
Fleet Services
Den Road Liquor Store
Fleet Services
Water Utility - General
Senior Center Program
Assessing
Youth Programs Administration
Water Meter Reading
Den Road Liquor Store
Fleet Services
Improvement Projects 1996
Improvement Projects 1996
Water Treatment Plant
Park Maintenance
Charlson Area Construction
Water Treatment Plant
Communication Services
Fleet Services
Storm Drainage Projects
� U
City of Eden Prairie
Council Check Register
SM712002
Check#
Amount
Vendor
Account Description
113453
1,073
SUBURBAN CHEVROLETGEO
Equipment Parts
113454
78
SUBURBAN PROPANE
Lubricants & Additives
113455
659
SUBURBAN TIRE WHOLESALE INC
Tires
113456
125
SWEDLUNDS
Waste Disposal
113457
4,743
SYSTEM CONTROL SERVICES
Equipment Repair & Maint
113458
76
TESSCO
Equipment Repair & Maint
113459
550
TESSMAN SEED CO
Landscape Materials/Supp
113460
14
THIRD PARTY SOLUTIONS
Workers Comp Insurance
113461
1,995
THYSSENKRUPP ELEVATOR
Equipment Repair & Maint
113462
245
TIERNEY BROS INC
Operating Supplies
113463
1,255
TKDA
Design & Engineering
113464
550
TRAUT WELLS
Equipment Repair & Maint
113465
1,200
TRUCK UTILITIES MFG CO
Equipment Repair & Maint
113466
656
TWIN CITY FILTER SERVICE INC
Repair & Maint. Supplies
113467
10
TWIN CITY OXYGEN CO
Operating Supplies
113468
843
UNIFORMS UNLIMITED
Clothing & Uniforms
113469
5,895
UNITED RENTALS HIGHWAY TECHNOL
Contracted Striping
113470
36
UNLIMITED SUPPLIES INC
Repair & Maint. Supplies
113471
1,446
US FILTER/WATERPRO
Repair & Maint. Supplies
113472
10,832
VALLEY RICH CO INC
Other Contracted Services
113473
453
VWR INTERNATIONAL INC
Operating Supplies
113474
999
WATSON CO INC, THE
Merchandise for Resale
113475
144
WEST WELD
Equipment Parts
113476
325
WHEELER LUMBER LLC
Operating Supplies
113477
3,155
WM MUELLER AND SONS INC
Improvements to Land
113478
169
ZEP MANUFACTURING CO
Operating Supplies
2,423,563
Grand Total
Business Unit
Fleet Services
Fleet Services
Fleet Services
Outdoor Center
Water Treatment Plant
Wireless Communication
Park Maintenance
Employee Benefits
Water Treatment Plant
Traffic Signs
Utility Improvement Fund
Water Well #9
Fleet Services
Water Treatment Plant
Police City Center
Fire
Traffic Signs
Water System Maintenance
Water System Maintenance
Water System Maintenance
Water Treatment Plant
Concessions
Fleet Services
Street Maintenance
Capital Impr. / Maint. Fund
Fleet Services
/ -3�
CITY COUNCIL AGENDA
DATE: 09/17/02
SECTION: Ordinances and Resolutions
SERVICE AREA/DIVISION:
ITEM DESCRIPTION:
ITEM NO.:
Community Development
Donald R. Uram
Bluff Country Village 2002 Amendment
, A,
Michael Franzen
Requested Action
The Council can choose amongst the following options:
1. Approval Option
Move to:
• Close the Public Hearing; and
• Adopt the Resolution For Comprehensive Guide Plan Change from
Neighborhood Commercial to Office on 3.0 acres; and
• Adopt the Resolution for Planned Unit Development Concept Review on 8.8acres; and
• Approve lst Reading of the Ordinance for Planned Unit Development District Review on
8.8 acres, Zoning District Amendment in the Neighborhood Commercial Zoning District
on 5.8 acres, and Zoning District Change from Neighborhood Commercial to Office on
3.0 acres; and
• Adopt the Resolution for Preliminary Plat on 8.8 acres into 3 lots; and
• Direct Staff to prepare a Developer's Agreement incorporating Staff and Board
recommendations and Council conditions.
2. Withdrawal Option (with proponents consent only)
Move to:
• Return the plans to the proponent without prejudice.
3. Denial Option
Move to:
• Adopt the Findings, Conclusions and Decision denying the request for
amendment to the Bluff Country Village 2001 Amendment.
Synopsis
This project was first reviewed at the August 20, 2002 City Council meeting. The City Council
closed the public hearing and tabled discussion on the ordinances and resolutions until the
September 17, 2002 meeting.
BIuff Country Village 2002 Amendment
September 17, 2002
This project is an amendment to the approved plan for Bluff Country Village located at the
intersection of Hennepin Town Road and Pioneer Trail. A guide plan change from Neighborhood
Commercial to Office is proposed for an office building and a daycare. There are waivers from
the City Code for Building height and floor area for the retail apartment building. The proposed
plan includes:
• 188 total housing units. The approved plan is 161 housing units.
• 94 townhouses. The approved plan is 97 townhouses.
• 45,000 sf of retail. The approved plan is 50,O00sf of retail.
• 94 apartment units located above 28,011-sf of retail located on the west side of
Hennepin Town Road and a 3,200 sf restaurant. The approved plan is 25,000 square feet
of retail, 8 senior units, and 16 live work units.
• A 9,900 sf daycare and 9,000 sf office building located north of the pond on the east side
of Hennepin Town Road. The approved plan is 40 senior units located above 11,000 sf of
retail.
Community Planning Board Recommendation
This project was first reviewed at the June 24, 2002 meeting. The Community Planning Board
voted to continue the project and directed the developer to address the following items.
• Height and mass of the apartment -retail building
• Location and screening of the outdoor seating area for the restaurant
• Drive thru and bank options
• Berning and landscaping along Highway 169
At the July 24, 2002 meeting, the Community Planning Board voted 4-3 to recommend approval
of the project based on revised plans, which included the following changes.
1. Reduced building height for the commercial -apartment building from 45'- 7" to 39'-3'. Roof
peak reduced by 10'-8".
2. Moved the outdoor seating area of the restaurant to the west and screened with 12-foot high
conifers.
3. Eliminated the drive thru and bank options.
4. On the daycare -office site added a 4-6 foot berm and 18 conifer trees. Increased height of the
conifer trees from 7-12 feet. Reduced the size of the office building by 900 square feet and
moved all parking to the south side.
Background Information
Guide Plan Change
The site east of Hennepin Town Road is guided Neighborhood Commercial. Adding
daycare and office would increase the amount of commercial to 64,020 sf. This would
require a guide plan change to Community Commercial for the east and west sites.
Bluff Country Village 2002 Amendment
September 17, 2002
Community Commercial guiding would not be appropriate since there is 80,000 sf of
existing Community Commercial at the Preserve Village Mall to the north. Changing the
guide plan to Office would preclude further retail use and could provide services to the
area.
Planned Unit Development Waivers
• Floor area ratio increase from .40 to .64 for proposed lot one and two.
The total amount of land zoned commercial is 10.2 acres. If calculated on this acreage the
floor area ratio is .37. The .40 floor area ratio is appropriate when considering
commercial uses only. Mixed -use projects typically have higher floor area ratios. The
code does not indicate a separate floor area ratio for mixed land use or limit the number
of housing units within a commercial planned unit development. Since residential is
allowed through a planned unit development the City may consider a waiver on floor
area. Building height, building mass, architecture and impact on the adjacent areas
should be evaluated as part of this waiver.
• Building height from 30 feet to 39 feet — 3 inches.
The Neighborhood Commercial zoning district has a 30-foot height limit. The code
allows residential through a planned unit development, but does not give a separate
height limit for commercial residential projects. Multiple family districts permit up to a
45 foot high building. The approved building height for the senior building on the east
site is 44 feet. Building architecture, materials, details and distance from adjacent
residential areas should be considered when reviewing the height waiver.
Traffic
Adjacent roads and intersections have the capacity to handle the projected traffic.
Tree Loss
There is no change in tree loss from the approved plan. The approved tree loss plan is
1,708 inches or 39%.
Attachments
1. Resolution for Guide Plan Change
2. Resolution for PUD Concept Review
3. Resolution for Preliminary Plat
4. Findings, Conclusions and Decision Bluff Country Village 2002 Amendment
119 -�'
BLUFF COUNTRY VILLAGE 2002 AMENDMENT
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, IVIINNESOTA
RESOLUTION NO.2002-
A RESOLUTION AMENDING THE
COMPREHENSIVE MUNICIPAL PLAN
WHEREAS, the City of Eden Prairie has prepared and adopted the
Comprehensive Municipal Plan ("Plan"); and
WHEREAS, the Plan has been submitted to the Metropolitan Council for review
and comment; and
WHEREAS, the proposal of Bluff County Village by Hustad Investment Corp. is
for an office and a daycare.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Eden Prairie, Minnesota, hereby adopts the amendment of the Plan subject to
Metropolitan Council approval as follows: 3.0 acres from Neighborhood Commercial to
Office, located east of Hennepin Town Road, west of Highway 169, north of Pioneer
Trail.
ADOPTED by the City Council of the City of Eden Prairie this 17th day of
September, 2002.
ATTEST:
Kathleen A. Porta, City Clerk
Nancy Tyra -Lukens, Mayor
I Lip
BLUFF COUNTRY VILLAGE 2002 AMENDMENT
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, NIINNESOTA
RESOLUTION NO. 2002-
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF BLUFF COUNTRY VILLAGE 2002 AMENDMENT FOR HUSTAD INVESTMENT
CORP.
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of the Bluff Country Village 2002 Amendment for Hustad Investment
Corporation dated August 12, 2002, and consisting of 8.8 acres into 3 lots, a copy of which is on file
at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and
Platting ordinances, and amendments thereto, and is herein approved.
ADOPTED by the Eden Prairie City Council on the 1711 day of September, 2002.
Nancy Tyra -Lukens, Mayor
ATTEST:
Kathleen A. Porta, City Clerk
BLUFF COUNTRY VILLAGE 2002 AMENDMENT
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.2002-
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT OF BLUFF COUNTRY VILLAGE 2002 AMENDMENT FOR HUSTAD
INVESTMENT CORPORATION
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 Community Planning Board did conduct a public hearing on June 24, 2002
and July 22, 2002 for Bluff Country Village 2002 Amendment by Hustad Investment Corporation
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 September 17, 2002.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1. Bluff Country Village 2002 Amendment, being in Hennepin County, Minnesota,
legally described as outlined in Exhibit A, is attached hereto and made a part hereof.
2. That the City Council does grant PUD Concept approval as outlined in the plans
dated August 20, 2002.
3. That the PUD Concept meets the recommendations of the Community Planning
Board dated July 22, 2002.
ADOPTED by the City Council of the City of Eden Prairie this 17th day of September,
2002.
Kathleen A. Porta, City Clerk
Nancy Tyra -Lukens, Mayor
1H5
IWIN■i'�
PUD CONCEPT LEGAL DESCRIPTION BLUFF COUNTRY
VILLAGE 2002 AMENDMENT
Legal Description before Final Plat
Lot 1, Block 1, Outlot B, and Outlot C, and part of Lot 10, Block 1, Bluff Country Village
Legal Description after Final Plat
Lot 1, Block 1 and Lot 1 and 2, Block2, Bluff Country Village
IL/r
FINDINGS, CONCLUSIONS AND DECISION
BLUFF COUNTRY VILLAGE
2002 AMENDMENT
Background
This matter involves a request by Hustad Land ("Owner") for the following amendment
relating to the Bluff Country Village 2001 Amendment, located at the intersection of Hennepin
Town Road and Pioneer Trail, consisting of 8.8 acres (the "Land").
A. Planned Unit Development Concept Amendment to the 2001 Bluff Country
Village Planned Unit Development ("PUD");
B. Planned Unit Development District Review with waivers on 8.8 acres;
C. Comprehensive Guide Plan change from Neighborhood Commercial to Office on
3.0 acres;
D. Rezoning from Neighborhood Commercial to Office on 3.0 acres;
D. Zoning District Amendment within the Neighborhood Commercial Zoning
District on 5.8 acres;
E. Site Plan Review on 8.8 acres;
F. Preliminary Plat of 8.8 acres into three lots.
In 2001, the Bluff Country Village Amendment was approved by the City Council.
The PUD approved development included a 25,000 square foot retail building with 6 live -work
units attached, a building with 6 live -work units, a building with 3 townhouses, a building with 8
senior units and 4 live work units, to be located on the west side of Hennepin Town Road; and a
building with 40 senior units located above 11,000 square feet of retail to be located on the east
side of Hennepin Town Road.
The Owner's proposed amendment is for a building with 31,211 square feet of retail and
97 apartment units above and a 3,200 square foot restaurant to be located on the west side of
Hennepin Town Road; and a one-story, 9,000 square foot office building, and a one story, 9,000
1k
square foot building for daycare on the east side of Hennepin Town Road. The Owner's proposal
requires the following waivers from the City Code:
A. Floor area ratio increase from .40 to .64 for proposed lot one and two. (City Code
§ 11.03, subd. 2, B, maximum FAR is .40);
B. Building height increase from 30 feet to 39 feet 3 inches. (City Code § 11.03,
subd. 2, B, maximum is 30 feet);
Findings
1. The Land is part of a multi -use PUD known as the Bluff Country Village 2001
Amendment.
2 As provided in the Bluff Country Village 2001 Amendment, the Owner agreed to develop
the Land into three lots which included a 25,000 square foot retail building with 6 live -
work units attached, a building with 6 live -work units, a building with 3 townhouses, a
building with 8 senior units and 4 live work units, to be located on the west side of
Hennepin Town Road; and a building with 40 senior units located above 11,000 square
feet of retail to be located on the east side of Hennepin Town Road.
3 The proposed plan amendment makes the following changes:
a. Increases the number of total housing units to 97;
b. Adds 97 housing units above 28,011 square feet of retail;
C. Eliminates 3 townhouses and removes all senior units and live work units;
d. Reduces the total retail square footage from 36,000 to 31,211 square feet;
e. Adds a 3,200 square foot restaurant;
f. Replaces a three story building with 11,000 square feet of retail and 40 senior
units above with two single -story buildings; (i) a 9,900 square foot daycare and
(ii) a 9,000 square foot office building.
5. The proposed development of the Land is a material and substantial change from the plan
approved for the Land as part of the Bluff Country Village 2001 Amendment.
6. The proposed development is a material and substantial change from the PUD because,
among other things, it increases the total housing units, removes all senior units and live
work units, and adds a restaurant, a daycare building and an office building.
7. The proposed development requires floor area ratio and building height waivers which
are inappropriate because, (i) the building intensity and height is inappropriate in a
neighborhood commercial area, (ii) the waivers would result in unreasonable material
and substantial visual impairment and obstruction for existing low density, single family
houses to the south, west, and east of the -Land, (iii) the waivers would result in increased
traffic and (iv) the impacts have not been mitigated in the proposed plan.
8. The proposed plan is inconsistent with the Comprehensive Guide Plan designation of
Neighborhood Commercial.
9. The proposed plan would require a Guide Plan from Neighborhood Commercial to Office
on 3.0 acres.
10. The proposed plan would require a rezoning from Neighborhood Commercial to Office
on 3.0 acres.
Conclusions
The proposed plan should be denied for the following reasons:
1. The proposed development of the Land is a material and substantial change from the plan
approved for the Land as part of the Bluff Country Village 2001 Amendment.
2. The proposed development requires floor area ratio and building height waivers which
are inappropriate because, (i) the building intensity and height is inappropriate in a
neighborhood commercial area, (ii) the waivers would result in unreasonable material
and substantial visual impairment and obstruction for existing low density, single family
houses to the southwest and east of the Land, (iii) the waivers would result in increased
traffic and (iv) the impacts have not been mitigated in the proposed plan.
3. The proposed plan is inconsistent with the Comprehensive Guide Plan designation of
Neighborhood Commercial.
4. Changing the Guide Plan to Office is inappropriate because it increases the commercial
and office square footage in the area to 64,020 and increases traffic in the area.
Decision
The request by Owner for approval of the amendment to the Bluff Country Village 2001
Amendment described above is denied in their entirety.
EP\\FindingsConclusionsOrder.090902
/ 156
September 12, 2002
Eden Prairie City Council,
I am writing again to express my concern over the proposed amendment to the
PUD for Bluff Country Village. I am unable to attend the meeting on the 17th as I
have previous work commitments. However, I continue to maintain that a lack of
resident representation in the Council Chambers does not equate to a lack of
interest by the neighborhoods. Going over all my notes from the last four years, I
think you can understand the neighborhoods' frustration with the continued
changes to the project. People have become tired and fatalistic about the project
outcome.
Although I am writing to again request denial, or at a minimum some significant
alterations, I have no additional information to forward from that shared with you
at the public hearing last month. The basis for the neighborhoods' position is the
current zoning and guiding for the property as neighborhood commercial. To vary
that greatly from what is neighborhood commercial; look around there are plenty
of examples within the city, is disappointing.
I have been consistently proud to live in Eden Prairie. It is a well -planned
community that has considered resident's open space desires and balanced
them with property owners and developers needs. It has flexibility in its
ordinances allowing some of the more unique or "cutting edge" design ideals into
the city. However, not just the attributes of a project; design, materials,
architecture, innovation, must be considered. The appropriateness of the
project's location must also be reviewed. The City zoning ordinance states:
neighborhood commercial is "To provide appropriately located area for retail
stores, offices and personal service establishments patronized by residents of
the immediate neighborhood. To permit development of neighborhood shops and
related office uses, which can be accommodated in less than 50,000 square feet
of retail area, and are in the appropriate locations shown on the Guide Plan,
according to standards that minimize adverse impacts on adjoining residential
uses." I have no quarrel with the project; I disagree with the location. The project
amendment does not embody a neighborhood commercial project; it is
something greater. And therefore does not belong in my neighborhood.
Sincerely,
Kim Lindquist
9933 Balmoral Lane
151