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HomeMy WebLinkAboutCity Council - 03/21/2000 AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,MARCH 21,2000 5:00- 6:55 PM, CITY CENTER HERITAGE ROOM H CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher,Ronald Case,Ross Thorfinnson, Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Chris Enger,Parks &Recreation Services Director Bob Lambert, Public Safety Director Jim Clark,Public Works Services Director Eugene Dietz, Asst. City Engineer Rod Rue, Community Development and Financial Services Director Don Uram, Management Services Director Natalie Swaggert, City Attorney Ric Rosow and Council Recorder Peggy Rasmussen I. CALL MEETING TO ORDER—MAYOR JEAN HARRIS II. APPROVAL OF AGENDA III. CAPITAL IMPROVEMENT PLAN(CIP) VII. OTHER BUSINESS VIII. COUNCIL FORUM IX. ADJOURNMENT w 2000 - 2005 CIP ,,.� _ 4 k „,•, 1 . 1 • March 21, 2000 • uervie f � ._ 1�� a_F ��q+r.•�d • CIP Workshop Goal • • Background • Funding Strategies • Funding Recommendations • • Outcomes 2 1 _ _ _ cm Workshop{,gif 11 Establish policies/strategieslb..��r fund the Capital Improvements • Plan 3 • Capital Improvements:P yF }rr i The systematic planning, scheduling, and financing of capital projects 4 2 Capital Improve'nt A construction project or capital purchase which cost more than $25,000 and has a useful of life of more than five (5) years 5 Improvement T pies I IFi f` • Maintenance - Reconstruct, rehabil ate, or otherwise restore an existing system or facility to full functionality — City Center repair/maintenance — Pavement Management 6 3 • Support - Expand an existing system or facility to meet increased demands due to growth — Information Technology — Park maintenance — Public Safety vehicles 7 4114 • Expansion - Construct a new system or expand an existing system or facility to meet increased demands or to enhance services — Public Safety Training Facility — Park acquisition/development — Historical Properties 8 4 Capital Needs 2000 - 2005 $ 21,433,500 Beyond 2005 4,591,000 Total $ 26,024,500 9 Capital Priorities CqJ:v.,t #zK 2 .. i . "A" Projects $ 14,480,000' x "B" Projects 6,128,500 "C" Projects 825,000 $ 21,433,500 Unidentified Needs ?? Wants ?? ,o 5 rr » A Projects 1,467,000 a ; ' 2,425,000 855,000 390,000 1, 600,000 elFacilities ■Park&Rec. ❑Info.Tech. ■Public Safety MI Public Works 3,250,000 D Park Acq. ■Park Dev. 6,493,000 Total-$14,480,000 11 Existing Funding,Stra , '.ies • CIP Revolving Fund — funding level for pavement mgmt.system? • General Fund Tax Levy — transfer excess bldg.permit& development fee revenue to fund balance? — transfer unspent general funds to CIP? • Liquor Enterprise — revenue allocation between General fund and CIP? 12 6 Existing Funding Str' a ies • One-time Revenue — continue transfer to CIP? • Cash Park Fees — use for 2nd phase park facility replacement? • Utility Enterprise — begin transfer to CIP? 13 Potential Funding Strategies • Bonding — maintain level debt service? • City Center Debt Service Fund — dedicate excess revenue to bldg. main. and repair? • Street Lighting Utility — implement? If so,when? • Street Utility — implement if legislation allows? 14 7 Funding Recommendations 6 St 443 • CIP Revolving Fund T = — One Time Revenue — General Fund Transfer — Liquor Enterprise Transfer • Cash Park Fees • Bonding • City Center Debt Service Fund 15 Outca es y4 • Fund "A" Projects • Begin Funding "B" Projects 16 8 AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY,MARCH 21,2000 7:00 PM,CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher,Ronald Case,Ross Thorfinnson, Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Chris Enger, Parks & Recreation Services Director Bob Lambert, Public Safety Director Jim Clark, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, Management Services Director Natalie Swaggert, City Attorney Ric Rosow and Council Recorder Peggy Rasmussen I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. PRESENTATION OF THE TCALMC EARL WILLFORD AWARD IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS • V. MINUTES A. CITY COUNCIL WORKSHOP HELD TUESDAY,MARCH 8,2000 B. CITY COUNCIL MEETING HELD TUESDAY,MARCH 8,2000 VI. CONSENT CALENDAR A. SUNNYBROOK COVE by Taurus Properties. 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers on 6.51 acres, and Rezoning from Rural to R1-13.5 on 6.51 acres. Location: 12640, 12550, 12500 Sunnybrook Road. (Ordinance for PUD District Review and Zoning District Change) B. ADOPT RESOLUTION APPROVING FINAL PLAT OF BLUFF COUNTRY VILLAGE C. ADOPT A RESOLUTION AUTHORIZING ISSUANCE OF$600,000 EQUIPMENT CERTIFICATES OF INDEBTEDNESS,SERIES 2000A D. ADOPT RESOLUTION ACCEPTING THE MINNESOTA AUTO'THEFT PREVENTION PROGRAM GRANT CITY COUNCIL AGENDA March 21,2000 Page 2 E. ADOPT RESOLUTION TO EXECUTE THE JOINT AND COOPERATIVE AGREEMENT FOR THE CITY OF EDEN PRAIRIE TO BE A MEMBER OF THE MUNICIPAL LEGISLATIVE COMMISSION F. APPROVE LEASE AGREEMENT WITH HENNEPING COUNTY FOR ELECTION EQUIPMENT VH. PUBLIC HEARINGS /MEETINGS A. EATON CORPORATION PUD by Eaton Corporation. Request for Planned Unit Development Concept Amendment on 25.37 acres, Planned Unit Development District Review with waivers on 25.37 acres, Zoning District Amendment within the I-5 Zoning District on 25.37 acres, and Site Plan Review on 25.37 acres. Location: 14165 Lone Oak Road. (Resolution for PUD Concept Amendment) B. LIBERTY PLACE by Liberty Property Limited Partnership. Request for Comprehensive Guide Plan Amendment from Industrial/High Density Residential to Office on 3.9 acres, and from Low Density Residential to High Density Residential on 2.58 acres, Planned Unit Development Concept Review on 55.08 acres, Planned Unit Development District Review with waivers on 16.88 acres, Zoning District Change from RM-2.5 to I-2 on 5.57 acres; RM-2.5 to Office on 7.12 acres and I-2 to Office on .41 acres, Zoning District Amendment within the I-2 Zoning District on 3.78 acres, Site Plan Review on 16.88 acres, Preliminary Plat on 55.08 acres into 3 lots, 3 outlots and city right-of-way, and EAW Review. Location: Smetana Lane and Valley View Road. (Resolution for Guide Plan Change, Resolution for PUD Concept Review, Resolution for EAW, and Resolution for Preliminary Plat) C. BRAXTON WOODS 2nd ADDITION by Centex Homes. Request for Planned Unit Development Concept Review on 7.1 acres, Planned Unit Development District Review with waivers on 7.1 acres, Zoning District Change from Rural to R1-13.5 on 7.1 acres, and Preliminary Plat on 7.1 acres into 8 single-family lots, 1 outlot and road right-of-way. Location: East of Cedarcrest Drive and west of Shetland Road. (Resolution for PUD Concept Review and Resolution for Preliminary Plat) D. LARIAT CENTER III by Lariat Companies, Inc. Request for Planned Unit Development Concept Amendment on 4 acres, Planned Unit Development District Review with waivers on 4 acres, Zoning District Amendment within the C-Reg-Ser Zoning District on 4 acres, Site Plan Review on 4 acres, and Preliminary Plat on 4 acres into 2 lots. Location: 8335 Crystal View Road. (Resolution for PUD Concept Amendment and Resolution for Preliminary Plat) E. TARGET EXPANSION by Dayton Hudson Corporation and General Growth Properties. Request for Planned Unit Development Concept Amendment on CITY COUNCIL AGENDA March 21,2000 Page 3 87.13 acres, Planned Unit Development District Review with waivers on 8.0 acres, Zoning District Amendment within the C-Reg-Ser Zoning District on 8.0 acres, Site Plan Review on 8.0 acres, and Preliminary Plat on 57 acres into 2 lots. Location: Flying Cloud Drive at the Eden Prairie Center. (Resolution for PUD Concept Amendment and Resolution for Preliminary Plat) F. PERKINS SUBDIVISION by James Perkins to amend that certain Developer's Agreement entered into on or about August 3, 1999 between the City of Eden Prairie and James and Raynelle Perkins with respect to Bryant Lake Heights. The request would amend Exhibit C,paragraph XIII of the Developer's Agreement by allowing issuance of a building permit for Lot 3, Block 1, Bryant Lake Heights and construction of a driveway across Lot 1, Block 1, to Lot 2, Block 1, Bryant Lake Heights without removal of all structures on Lot 2,Block 1. G. 2000 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING (CDBG)RECOMMENDATIONS (Resolution) VIII. PAYMENT OF CLAIMS IX. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE TO AMEND CITY CODE CHAPTERS 2, 11 AND 12 B. RESOLUTION REQUESTING CARVER AND HENNEPIN COUNTIES ADOPT AND IMPLEMENT A SCHEDULE FOR UPGRADING TH 101 X. PETITIONS,REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS A. BOARDS AND COMMISSIONS B. CHAIRS AND VICE CHAIRS TO BOARDS AND COMMISSIONS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Set Date of Boards and Commissions Recognition Dinner 2. Program Board Membership 3. Cancellation of April 4,2000, City Council Meeting CITY COUNCIL AGENDA March 21,2000 Page 4 C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS A. COUNCIL FORUM INVITATION B. CITY MANAGER EVALUATION(CLOSED SESSION) XV. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM WEDNESDAY,MARCH 8,2000 5:30 - 6:55 PM, CITY CENTER HERITAGE ROOM II CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher,Ronald Case,Ross Thorfinnson, Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Chris Enger, City Attorney Ric Rosow and Administrative Assistant Lorene McPherson I. CALL MEETING TO ORDER—MAYOR JEAN HARRIS Mayor Harris called the meeting to order at 5:50 p.m. H. APPROVAL OF AGENDA III. REVIEW APPOINTMENTS TO BOARDS AND COMMISSIONS City Attorney Ric Rosow reviewed changes to the Ordinance amending City Code Chapter 2, Relating to Boards and Commissions, and the Resolution declaring the Art& Culture Citizen Advisory Commission and the Environmental Education Citizen Advisory Commission inactive. Rosow reviewed the following items with the Council: • Inactive Commissions—Commissions with too few applicants can be declared inactive by Resolution. This year the Environmental Education Citizen Advisory Commission and Art and Culture Citizen Advisory Commission are being declared • inactive. Responsibilities of inactive Commissions may be assigned to an active Commission. Members with expertise in areas of inactive Commissions shall be made members of the Community Program Board. There is no language in the Resolution regarding limits on length of time a Commission can be inactive. • Voting on Commissions with even number of members—Boards and Commissions with even number of members will follow procedures set forth in Roberts Rules of Order. These rules allow the Chair the discretion to abstain from voting in the case of a tie vote, but does not take away their voting privileges altogether. • Inclusion of Taskforces—Taskforces will consist of five or more members and will set their own meeting times and dates. • Residency requirements for the Flying Cloud Airport Advisory Commission—The Resolution was changed to allow one Airport Business Representative to live outside CITY COUNCIL WORKSHOP'MINUTES March 8, 2000 Page 2 of the City of Eden Prairie. City Manager Chris Enger explained the rationale for the term expirations that were developed and proposed by the City Manager's Office and the Management Services area. In general,three-year terms were suggested for appointees with continuing Boards and Commissions experience and for appointees requesting to serve on a different Board or Commission. Enger also noted that one commission member, Cliff Dunham,would have to be appointed unanimously by the City Council since he had already served two full terms on Board of Adjustment and Appeals. Enger stated that two candidates had declined offers of appointment to Boards other than those for which they had applied. James Deanovic declined appointment to the Board of Appeals and Adjustments and Mel Wimmer declined appointment to the Human Rights and Diversity Citizen Advisory Commission. Councilmember Sherry Butcher asked if those who declined their appointments would be sent letters. Enger said they would receive letters. The Council reviewed the proposed candidate slates for the Boards and Commissions. The slates had been developed to reflect Council discussion following the February 22, 2000, Board and Commission interviews. The Council approved the slates,with minor exceptions as noted below. Park and Recreation Citizen Advisory Commission— appointee David Larson's term was changed from three years to one year. Board of Appeals and Adjustments—Bill Ford's term was changed from two years to three years, and Cliff Dunham's term was changed from three years to two years. IV. DEVELOP CANDIDATE SLATE FOR BOARDS AND COMMISSIONS CHAIRS AND VICE CHAIRS The Council reviewed appointment forms for each Board and Commission, including suggestions for Chair and Vice Chair appointments. The list of Chair and Vice Chair candidates included applicants who had indicated willingness to serve as a leader and applicants the Council or Staff had identified as individuals with strong leadership skills. As a result of the discussion, it was agreed that the following individuals would be offered Chair and Vice Chair appointments. The City Manager agreed to phone these people before the March 21 Council Meeting to confirm they are willing to serve as leaders. • Community Planning Board:Frantz Corneille—Chair, Ray Stoelting—Vice Chair • Board of Appeals and Adjustments: Bill Ford—Chair, Cliff Dunham—Vice Chair • Heritage Preservation Commission: Jan Mosman—Chair,Lori Peterson-Benike— Vice Chair • Park and Recreation Citizen Advisory Commission: Kim Teaver—Chair,Don Jacobson—Vice Chair CITY COUNCIL WORKSHOP MINUTES March 8,2000 Page 3 • Human Rights and Diversity Citizen Advisory Commission:Harry Moran—Chair, Philip Young—Vice Chair • Community Program Board—Muna Yasiri—Chair,Mary Cofer—Vice Chair VII. OTHER BUSINESS The council discussed March 28, 2000, as a tentative date for the Boards and Commissions Orientation. VIII. COUNCIL FORUM VII. ADJOURNMENT Mayor Harris adjourned the meeting at 6:45 p.m. CITY COUNCIL AGENDA DATE: March 21,2000 SECTION: SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Office of the City Manager Presentation of the TCALMC Earl Willford Award Requested Action Presentation of the Twin City Area Labor Management Committee "Earl Willford Award"to the Mayor and City Council by Co-Chairs of Eden Prairie's Labor Management Committee, Bob Lambert and Larry Doig. Synopsis Eden Prairie received the TCALMC Earl Willford Award to recognize outstanding efforts in cooperative labor management relations at its Annual Membership Meeting on March 2, 2000. Background The City of Eden Prairie LMC formally entered into a letter of understanding in August 1992. The LMC has met on a monthly basis since that date. Membership rotates on a biannual basis and training is offered annually. The work of the LMC has resulted in a number of successful projects and modifications to operations. As a result of the Local 49 Labor management Committee,the City of Eden Prairie has expanded the use of Employee-Management committees throughout the City. Currently,the City has established • teams for Police and non-sworn staff, and has general employee/management committees involved in benefits and wellness,technology utilization, administration support staff information exchange and a long-standing safety committee. In addition, several of the programs implemented by the City of Eden Prairie's LMC have been used as a point of reference to develop similar programs in other organizations. The work of the City of Eden Prairie LMC has resulted in a positive and participative work environment. Communication between Labor and Management at all levels occurs on a daily and informal basis. Issues are identified early and dealt with at the lowest possible level of intervention and correction. There have been no grievances filed for six years. In addition,the positive and open communication allowed the employer and labor representative, to utilize the Internalized Bargaining process for salary negotiations for the past five years. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WEDNESDAY,MARCH 8,2000 7:00 P.M., CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher, Ronald Case, Ross Thorfinnson, Jr. and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Chris Enger, Public Works Services Director Eugene Dietz, City Attorney Ric Rosow, and Council Recorder Deb Meuwissen I. ROLL CALL/CALL THE METING TO ORDER Mayor Harris called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Butcher moved, seconded by Case, to approve the Agenda as published. Motion carried 5-0. • IV. MINUTES A. CITY COUNCIL WORKSHOP HELD TUESDAY,FEBRUARY 15, 2000 MOTION: Case moved, seconded by Thorfinnson,to approve the minutes of the City Council Workshop held Tuesday, February 15, 2000, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,FEBRUARY 15, 2000 MOTION: Butcher moved, seconded by Thorfinnson, to approve the minutes of the City Council Meeting held Tuesday,February 15, 2000, as published. Motion carried 5-0. V. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2000-37 APPROVING FINAL PLAT OF CAM ADDITION CITY COUNCIL.MINUTES March 8, 2000 Page 2 C. APPROVE APPOINTMENT OF STUART A. FOX AS ASSISTANT WEED INSPECTOR OF THE CITY OF EDEN PRAIRIE FOR 2000 D. ADOPT RESOLUTION NO. 2000-38 TO APPOINT CITY MANAGER CHRIS ENGER TO THE HENNEPIN SOUTH SERVICES COLLABORATIVE (HSSC) BOARD, AND COMMUNITY DEVELOPMENT STAFF MEMBER DAVID LINDAHL AS HIS ALTERNATIVE E. ADOPT RESOLUTION NO. 2000-39 AWARDING BID FOR STREET SWEEPING,I.C. 00-5503,AND APPROVE CHANGE ORDER NO. 1 F. ADOPT RESOLUTION NO. 2000-40 AWARDING BID FOR STREET SWEEPING,I.C. 00-5504 G. AUTHORIZE A PROFESSIONAL SERVICES AGREEMENT WITH TKDA FOR STANDBY GENERATOR SYSTEM FOR WELL NOS. 2, 9, 11 AND 12 H. AUTHORIZE A PROFESSIONAL SERVICES AGREEMENT WITH SRF FOR A TRAFFIC STUDY OF GOLDEN TRIANGLE AREA MOTION: Thorfinnson moved, seconded by Butcher, to approve Items A-H on the Consent Calendar. Motion carried 5-0. VI. PUBLIC HEARINGS/MEETINGS VII. PAYMENT OF CLAIMS MOTION: Tyra-Lukens moved, seconded by Butcher, to approve Payment of Claims as submitted. Motion was approved on a roll call vote, with Harris, Butcher, Case, Thorfinnson and Tyra-Lukens voting "aye." VIII. ORDINANCES AND RESOLUTIONS A. FIRST AND SECOND READINGS OF ORDINANCE NO. 8-2000 AMENDING CITY CODE CHAPTER 2, RELATING TO BOARDS AND COMMISSIONS AND ADOPT RESOLUTION NO. 2000-41 APPROVING SUMMARY ORDINANCE FOR PUBLICATIONS Enger provided an overview of the proposed amendments including the establishment and appointment of Task Forces by the City Council; permitting City Council to make a citizen advisory commission inactive, assign the duties of such citizen advisory commission to another citizen advisory commission, and subsequently reactivate such citizen advisory commission and appoint members; and providing for only one resident representative to the Flying Cloud Airport Businessman's Association and deleting the provision that one member may be a non-resident of the City. CITY COUNCIL MINUTES March 8, 2000 Page 3 MOTION: Case moved, seconded by Thorfinnson, to approve the first and second readings of an ordinance amending City Code Chapter 2, relating to Boards and Commissions and to adopt Resolution approving the Summary Ordinance for publication. Motion carried 5-0. B. ADOPT RESOLUTION NO. 2000-42 DECLARING THE ARTS & CULTURE CITIZEN ADVISORY COMMISSION AND THE ENVIRONMENTAL EDUCATION CITIZEN ADVISORY COMMISSION INACTIVE Enger provided a brief overview, indicating the new Board and Commission structure required a large number of new commission members. Recruiting for these positions had not provided sufficient candidates to fill membership on the • Environmental Education and Arts & Culture Citizen Advisory Commissions. The proposed resolution would transfer the duties of these Commissions to another Commission and declare the Environmental Education and Arts & Culture Citizen Advisory Commissions inactive. A decision to reactivate these Commissions would be made in January 2001. MOTION: Thorfinnson moved, seconded by Butcher, to adopt the Resolution declaring the Arts & Culture Citizen Advisory Commission and the Environmental Education Citizen Advisory Commission inactive. Motion carried 5-0. IX. PETITIONS, REQUESTS AND COMMUNICATIONS X. REPORTS OF ADVISORY BOARDS & COMMISSIONS XI. APPOINTMENTS A. APPOINTMENTS TO BOARDS AND COMMISSIONS MOTION: Tyra-Lukens moved, seconded by Case, to approve the following appointments to Boards and Commissions: Appoint to the Community Planning Board: Randy Foote—Term to Expire 3/31/2001 Vicki Koenig,Ken Brooks, Susan Stock—Terms to Expire 3/31/2002 Frantz Corneille,Ray Stoelting,Kathy Nelson—Terms to Expire 3/31/2003 Appoint to the Board of Appeals &Adjustments: Cliff Dunham,Michael O'Leary—Terms to Expire 3/31/2002 Mary Vasaly,Louis Giglio,Bill Ford—Terms to Expires 3/31/2003 Appoint to the Heritage Preservation Commission: Jennie Brown,Mike Wroblewski,Kati Simons—Terms to Expires 3/31/2002 Art Weeks,Deborah Barkley,Lori Peterson-Benike—Terms to Expire 3/31/2003 S CITY COUNCIL MINUTES March 8,2000 Page 4 Appoint to the Flying Cloud Airport Advisory Commission: Tom Heffelfinger,Resident-At-Large—Term to Expire 3/31/2002 Joe Smith,Flying Cloud Airport Businessmen's Association; Laura Neuman, Resident-At-Large—Terms to Expire 3/31/2003 Appoint to the Human Rights and Diversity Citizen Advisory Commission: Ann Birt, Teresa Benkowski—Terms to Expire 3/31/2002 David Larson,Paul Sodt,Kim Teaver—Terms to Expire 3/31/2003 Appoint to the Community Program Board: Harry Moran—Term to Expire 3/31/2001 Mary Cofer,Kristen Pierskalla,Harry Davis Jr.—Terms to Expire 3/31/2002 Dick Brown, Munna Yasiri,Kim Teaver—Terms to Expire 3/31/2003 Appoint to the 2000 Board of Review: Mike Best, Judy Ilstrup,Doug Malam, Annette O'Connor,Patricia Pidcock— for one year term Mayor Harris conveyed the City Council's appreciation to all the applicants who expressed interest in becoming members of the various Boards and Commissions, and to Council Staff and Councilmembers for their diligent work with respect to the review and appointment process. XII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS Tyra—Lukens provided a report on meetings held by the Suburban Transit Association, which is responsible for busing and transportation in general. She indicated plans for legislation were to test the effectiveness of the HOV and ramp meters. Ramp meters may be opened up during October 2000. A study by an independent consultant may be conducted prior to turning off the ramp meters. Tyra-Lukens indicated legislation had been introduced to replace the transit tax with hack-up payment and elimination of truck travel on Pioneer Trail. B. REPORT OF CITY MANAGER 1. Time Warner/AOL Merger Agreement Enger discussed the merger between Time Warner Inc. and AOL. He indicated each city must decide within 30 days of notification whether to hold a public hearing on the transfer, approve the transfer or do nothing. Eden Prairie was one of five cities in the Southwest Cable Commission and the other four cities had chosen to hold public hearings. Although the City's ability to do anything about the merger was relatively small, holding a public hearing would allow the City to have more input in the process. If City Council was comfortable with the merger, Enger indicated the appropriate action would be to pass the resolution approving the transfer. If City Council would like to hold a public he ' g and receive a complete presentation from CITY COUNCIL MINUTES March 8, 2000 Page 5 the Southwest Cable Commission Legal Counsel with respect to the merger, the appropriate action would be to set a public hearing for April 4, 2000. Case indicated Southwest Cable Commission would be meeting on this matter in April 2000. He indicated a public hearing may not give any additional valuable information but would be good for the City Council to express its ideas or concerns, and would give individuals the opportunity to discuss the impact on the City cable system. Mayor Harris indicated her agreement with Case and would support a public hearing. MOTION: Case moved, seconded by Butcher, to set a public hearing on April 4, 2000, at 7:00 p.m., at Eden Prairie City Center to consider the proposed transfer of control of KBL Cable Systems of the Southwest, Inc. by virtue of the proposed merger between KBL Cable Systems of the Southwest, Inc. and America Online, Inc. and to determine whether the proposed transfer of control may have an adverse affect on cable television subscribers. Motion carried 5-0. 2. TCALMC Earl Willford Labor Management Corporation and Partnership Award to the City of Eden Prairie Enger reported he had recently attended the TCALMC meeting and Eden Prairie had been chosen as the recipient of the Earl Willford Labor Management Cooperation and Partnership Award. The City had received the award for having an excellent management commitment in labor management. He indicated he would like for members of the TCALMC to attend the City Council meeting on March 21, 2000 and give a special presentation of the award. Mayor Harris conveyed her agreement with the presentation of the award at the March 21 meeting. 3. Appointment of Natalie Swaggert as a management representative to the TCALMC Executive Board of Directors (two-year term) Enger related Eden Prairie had a representative on the TCALMC executive board of directors. Natalie Swaggert had been elected to the Executive Board of Directors and City Council would need to appoint Natalie to that position. MOTION: Thorfinnson moved, seconded by Butcher, to appoint Nancy Swaggert as a management representative to the TCALMC Executive Board of Directors for a two-year term. Enger indicated it would be reasonable to hold a special meeting for orientation for the appointees to the various Board and Commissions and suggested March 28,2000, at 5:30 p.m. MOTION: Case moved, seconded by Thorfinnson, to hold a special meeting for orientation for the new appointees for the Boards and Commission on March 28,2000,beginning at 5:30 p.m. Motion carried 5-0. CITY COUNCIL MINUTES March 8, 2000 Page 6 Case indicated he would not be available during the of week of April 3rd After a review of the calendar,it was determined that several Councilmembers and Council Staff would not be available during that time period. A lengthy discussion ensued regarding an available date for the public hearing in connection with the Time Warner/AOL Merger that would meet the required time periods. MOTION: Thorfinnson moved, seconded by Butcher, to rescind the motion to hold a public hearing on April 4, 2000, at 7:00 p.m., to consider the proposed transfer of control of KBL Cable Systems of the Southwest, Inc. by virtue of the proposed merger between KBL Cable Systems of the Southwest, Inc. and America Online,Inc., and schedule such public hearing for March 30, 2000, at 7:00 p.m., at Eden Prairie City Center, and to schedule orientation for new appointees to Boards and Commissions for March 30, 2000, at 5:30 p.m. Motion carried 5-0. C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR .G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY XIII. OTHER BUSINESS A. COUNCIL FORUM INVITATION Harris reminded the audience of the Council Forum held the first and third Tuesdays of the month from 6:30 — 6:55 p.m. in the Heritage Room II. This is scheduled time following City Council Workshops and immediately preceding regular City Council Meetings. Citizens who wish to visit with the City Council and Service Area Directors at this time should notify the City Manager's office by noon of the meeting date with their request. XIV. ADJOURNMENT MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to adjourn the meeting. Mayor Harris adjourned the meeting at 7:35 p.m. CITY COUNCIL AGENDA DATE: March 21,2000 SECTION: SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Office of the City Manager Presentation of the TCALMC Earl Willford Award -�-�— 1_ Requested Action Presentation of the Twin City Area Labor Management Committee"Earl Willford Award"to the Mayor and City Council by Co-Chairs of Eden Prairie's Labor Management Committee, Bob Lambert and Larry Doig. Synopsis Eden Prairie received the TCALMC Earl Willford Award to recognize outstanding efforts in cooperative labor management relations at its Annual Membership Meeting on March 2, 2000. Background The City of Eden Prairie LMC formally entered into a letter of understanding in August 1992. The LMC has met on a monthly basis since that date. Membership rotates on a biannual basis and training is offered annually. The work of the LMC has resulted in a number of successful projects and modifications to operations. As a result of the Local 49 Labor management Committee,the City of Eden Prairie has expanded the use of Employee-Management committees throughout the City. Currently,the City has established teams for Police and non-sworn staff, and has general employee/management committees involved in benefits and wellness,technology utilization,administration support staff information exchange and a long-standing safety committee. In addition, several of the programs implemented by the City of Eden Prairie's LMC have been used as a point of reference to develop similar programs in other organizations. The work of the City of Eden Prairie LMC has resulted in a positive and participative work environment. Communication between Labor and Management at all levels occurs on a daily and informal basis. Issues are identified early and dealt with at the lowest possible level of intervention and correction. There have been no grievances filed for six years. In addition,the positive and open communication allowed the employer and labor representative, to utilize the Internalized Bargaining process for salary negotiations for the past five years. k CITY COUNCIL AGENDA DATE: 03/21/00 SECTION: Consent Agenda SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R. Uram Sunnybrook Cove ?. A. Krista Flemming Requested Action Move to: • Approve 2nd Reading of the Ordinance for Zoning District Change; and • Approve the Developer's Agreement for Sunnybrook Cove. Synopsis This is for 15 single family homes located at 12640, 12550, 12500 Sunnybrook Road. At the February 15, 2000, meeting, the City Council directed staff to resolve the temporary turn- around issue at the north end of Coldstream Lane. After review and discussion, staff recommends, and the Developer is in agreement with, the use of an onsite "hammerhead" as opposed to an offsite cul-de-sac. This would provide a 12'wide driveway with curb and gutter at the end of the street on the west side. It will look like a parking space, but be posted for no parking. The benefits of this type of turnaround include the following: • Minimal size; • Complete and orderly appearance; • Cost effective; • Can be just as efficient for plowing as a cul-de-sac; and • Least Disruptive to the adjacent landowners. Coldstream Lane will terminate 5 feet from the property line to provide an area for some snow storage as well as the location for the dead end street barricade and signage informing the public of a future road extension. As stated in the Developer's Agreement, responsibility for removal of the turnaround and 5 foot road extension will be incorporated into the future development of the property to the north. Attachments 1. Ordinance for Zoning District Change 2. Developer's Agreement 1 SUNNYBROOK COVE CITY OF EDEN PRAIRIE • HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2000-PUD- -2000 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural and be placed in the R1-13.5 Zoning District _-2000-PUD-_-2000 (hereinafter "PUD- _-2000-R1-13.5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of March 21, 2000, entered into between Taurus Properties, Inc., and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-_-2000-R1-13.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-_-2000-R1-13.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-_-2000-R1-13.5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-_-2000-R1-13.5 are justified by the design of the development described therein. D. PUD-_-2000-R1-13.5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. a Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District, and placed within the R1-13.5 Zoning District and shall be included hereafter in the Planned Unit Development PUD-_-2000-RI-13.5 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 15th day of February, 2000 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 21 st day of March, 2000. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on DEVELOPER'S AGREEMENT SUNNYBROOK COVE THIS AGREEMENT is entered into as of March 21, 2000, by Taurus Properties, Inc., a Minnesota Corporation,hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS, Developer has applied to City for a Planned Unit Development Concept Review on 6.51 acres, Planned Unit Development District Review with waivers on 6.51 acres, Rezoning from Rural to R1-13.5 on 6.51 acres, and Preliminary Plat on 6.51 acres into 15 lots, legally described on Exhibit A(the"Property"); NOW, THEREFORE, in consideration of the City adopting Resolution No. 2000-32 for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review with waivers and Zoning District change from Rural to R1 — 13.5,and Resolution No.2000-33 for Preliminary Plat,Developer shall to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and dated February 4, 2000, reviewed and approved by the City Council on February 15, 2000, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the construction of streets and utilities for the Property, Developer shall submit to the City Engineer,and obtain the City Engineer's written approval of plans for streets,public sanitary sewer,water and storm sewer. Plans for public infrastructures shall be of a plan view and profile on 24 x 36 plan sheets consistent with City standards. A permit fee of five percent of construction value shall be paid to City by Developer. The design engineer shall provide daily inspection, certify completion in conformance to approved plans and specifications and provide record drawings. 4. GRADING,DRAINAGE,AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in Exhibit B 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. Developer shall provide preconstruction and post construction surveys for evaluation by City. 5. PRETREATMENT PONDS: Prior to issuance of the land alteration permit on the Property, Developer shall submit to the City Engineer and receive the City Engineer's approval of plans and design information for all storm water quality facilities to be constructed on the Property. Developer shall complete implementation of the approved storm water quality facility plan prior to issuance of any occupancy permit for the Property. 6. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the R1 —13.5 Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD 2000-32: • A waiver on Lots 5 and 6 for street frontage from 85 feet to 55 and 57 feet, respectively. 7. REMOVAL/SEALING OF EXISTING WELL AND SEPTIC SYSTEMS: Prior to issuance by City of any permit for grading or building on the Property, Developer shall S submit to the Chief Building Official and to obtain the Chief Building Official's written approval of plans for demolition and removal of existing septic systems and wells on the Property, and restoration of the Property. Prior to such demolition or removal, Developer shall provide to the City a deposit in the amount of $1,000.00 (Cashier's Check) to guarantee that Developer completes implementation of the approved plan. The city shall return to Developer the $1,000.00 deposit at such time as the Chief Building Official has verified in writing that the Developer has completed implementation of the approved plan. 8. 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 Exhibit B. 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. 9. TREE LOSS-TREE REPLACEMENT: Tree replacement required is 334 caliper inches. Prior to the issuance of any grading permit for the Property, Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 334 caliper inches. This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein, Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. 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. 10. WETLAND PLAN: Prior to issuance of the land alteration permit, the Developer shall submit to the Environmental Coordinator and receive the Environmental Coordinator's written approval of a final wetland plan for the Property. The approved wetland plan shall be consistent with the materials shown on the wetland plan on Exhibit B. Developer shall furnish to the Environmental Coordinator and receive the Environmental Coordinator's approval of a wetland bond equal to 150%of the cost of said improvements as depicted on Exhibit B and as required by City Code. The bond will be conditioned upon compliance with the approved wetland plan. Prior to release of the first building permit for the Property, Developer shall install all wetland buffer strip monuments for the property. Prior to issuance of any occupancy permit for structures on lots affected by the wetland plan for the Property,Developer shall complete implementation of the approved wetland plan in accordance with the terms and conditions of Exhibit C. 11. WETLAND DELINEATION — PROTECTION OF EXISTING WETLANDS AND WETLAND BUFFER STRIP ON THE PROPERTY: Prior to the issuance of a land alteration permit to grade on the Property, Developer shall obtain written verification of the wetland delineation from the Riley-Purgatory-Bluff Creek Watershed District for Developer's delineation of all wetlands on the Property. Prior to release of the final plat for any portion of the Property, Developer shall submit a Conservation Easement(Exhibit E) for review and written approval by the Environmental Coordinator,for the area delineated on Exhibit B. 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. 12. 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. 13. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City 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. 14. SIDEWALK CONSTRUCTION: Developer shall submit to the Parks and Recreational Services Director and obtain the Director's written approval of detailed plans for sidewalks to be constructed on the Property. Developer shall convey access easements for such 1 sidewalks and trails in such locations as determined by the Parks and Recreation Services Director,prior to release of the final plat for any portion of the property. Sidewalks shall be constructed in the following locations: A. A five-foot wide concrete sidewalk to be located from Sunnybrook Road along the west side of the proposed roadway to the north property line as depicted in Exhibit B, attached hereto. Developer agrees to complete implementation of the approved plans in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property. 15. STREET EXTENSION AND DEMOLITION OF TEMPORARY TURNAROUND:The extension of Coldstream Lane from its termination point(5' south of the north property line) and removal of the temporary turn-around shall be the sole responsibility and expense of the party extending the street northward beyond the Property CITY COUNCIL AGENDA DATE: March 21, 2000 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Final Plat Approval of Bluff Country Village Engineering Services - Randy Slick Requested Action Move to: Adopt the resolution approving the final plat of Bluff Country Village Synopsis . This proposal is located north of CSAH 1 and east/west of Hennepin Town Road. The plat consists of 29.4 acres to be divided into 12 platted lots for construction of 57 townhome units and two lots for neighborhood commercial sites, right-of-way dedication for street purposes. Outlots B through K are intended for future development. Background Information The preliminary plat was approved by the City Council August 17, 1999. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on December 7, 1999. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$3,131.67 • Receipt of street lighting fee in the amount of$4,578.72 • Receipt of street sign fee in the amount of$1,445.00 • Satisfaction of bonding requirements for the installation of public 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 • Prior to release of final plat, Developer shall convey access easements for sidewalks and trails in such locations as determined by the Parks and Recreation Services Director • Prior to release of final plat, Developer shall submit a conservation easement for the protection of existing trees on the property • Prior to release of final plat, Developer shall enter into a cross-access and maintenance agreement between Lot 1, Block 2 and Outlot C. The agreement shall 1 address joint vehicle access and maintenance in parking areas, driveways and storm sewers. All which will be privately owned and maintained. • Revision of plat to include a 40-foot distance between buildings within Outlot G and Outlot H • All residential structures shall be within the platted lot lines • Variance granted from City Code 12.20 Subd. 2.4 waving the six months maximum time lapse between preliminary plat and final plat. • Revision of plat to include all boundary drainage and utility easements. • Revision of plat to include the removal of the blanket drainage and utility easement title over Lot 14,Block 1. • Revision of plat to include 20-foot drainage and utility easements over all public utilities. • Revision of plat to include drainage and utility easements over all wetlands (including wetland buffer) • Prior to release of final plat, Developer shall submit a conservation easement for the protection of existing wetlands and wetland buffers _ Attachments Drawing of final plat RS:ssa • —_-p..vp aaaw,.. • •--�•(1 11 V )Wa+.en•n•..x / (•..)'rr'ra) /3`w?A�5.)3• Sr'..5' s/)35 WI)••,a aW9..i` i \\ ` IS' (� I Ac o70� ` e'. \\ �\ \\\ .��.00 `r \ \ . z M O 1 .S5•�+Z6p1T' �_°Z•G%.7 r,•t .5.4, ;%\ ,, ,"" 4 O . 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HF \ '.I I .� „91 M.LQYI.99s oo'o1.ts39 / 3' g tg z� o1. b :) L979Y L9, (•) • tg°4\ O £ �;1 \ M.9L 1.11,414 tin d aim! IS V:3 :7111 V.... < 8 • 2 0 \ \ C 0 \ \ i.1 $ AI `` i= \• \ \1 •;;i z \ R 1 i 1 11 age i 1 b E \ 1 •g O 1 1 Op� .1 1• s9 1 1 °�"�a,� ▪ oq o 1 1 t o S v9 \ o • .� J� CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MIN ESOTA • RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF BLUFF COUNTRY VILLAGE WHEREAS, the plat of Bluff Country Village 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 Bluff Country Village is approved upon compliance with the recommendation of the City Engineer's report on this plat dated March 21, 2000. B. Variance is hereby 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 Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on March 21, 2000. • Jean L. Harris,Mayor ATTEST: SEAL Kathleen A.Porta, City Clerk 5 CITY COUNCIL AGENDA DATE: 03-21-00 SECTION: CONSENT CALENDAR SERVICE AREA/DIVISION: ITEM DESCRIPTION: Resolution ITEM NO.: authorizing issuance and sale of$600,000 Community Dev. and Financial Equipment Certificates Series 2000A to fund C Services—Don Uram Public Safety Computer System Requested Action Move to: Adopt a resolution authorizing issuance and sale of $600,000 General Obligation Equipment Certificates of Indebtedness, Series 2000A. Synopsis In 1998, the City Council approved the purchase of an integrated CAD/MDT/Records Management system for the Public Safety Service Area. The issuance of$600,000 equipment certificates of indebtedness was approved in the 1998 budget to fund this system. To pay debt service, a general fund tax levy of$150,000 per year for four years is required. In anticipation of issuing debt, the City has already levied and collected $300,000. The remaining $300,000 is included in the 2000/2001 debt service budget. When this project was approved, Staff expected to have the system operational in 1999. Due to a lengthy RFP process, the implementation did not begin until June 1999. Currently, the project is about 70% completed with an expected completion date of June 2000. Total cost of the project is about $900,000. The City received a "COPS MORE" Grant of $300,000 to fund the difference. As of March, the City has incurred expenditures of $457,000•in the general fund that has no source of funding. The issuance of equipment certificates will provide that funding. The structure of the issue is: Principal Amount Maturity Date Interest Rate $300,000 June 1, 2000 5.25% $150,000 June 1,2001 5.25% $150,000 June 1, 2002 5.25% The City's financial institution,Anchor Bank,has agreed to purchase the certificates. CERTIFICATION ICATION OF MINUTES RELATING TO $600,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2000A Issuer: City of Eden Prairie,Minnesota Governing Body: City Council • Kind, date,time and place of meeting: A regular meeting held March 21, 2000, at 7:30 o'clock P.M., at the City Hall Members present: Members absent: • Documents Attached: Minutes of said meeting (including): RESOLUTION NO. RESOLUTION AUTHORIZING ISSUANCE,AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF$600,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2000A I,the undersigned,being the duly qualified and acting recording officer of the public 'corporation issuing the Obligations referred to in the title of this certificate,certify that the documents attached hereto,as described above,have been carefully compared with the original records of said corporation in my legal custody,from which they have been transcribed;that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation,and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting,so far as they relate to said Obligations;and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above,pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this day of March, 2000: Kathleen Porta, City Clerk Councilmember introduced the following resolution and moved its adoption,which motion was seconded by Councilmember • • RESOLUTION AUTHORIZING ISSUANCE,AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF$600,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2000A BE IT RESOLVED by the City Council of the City of Eden Prairie,Minnesota(the Issuer), as follows: Section 1. Authorization and Sale. . 1.01..Authorization. This Council,by Resolution No. duly adopted on January 5, 1999, authorized the issuance and sale of$600,000 General Obligation Equipment Certificates of Indebtedness (the Obligations)of the Issuer to finance the costs of acquiring items of capital equipment. Said items of capital equipment have a useful life not less than the term of the Obligations.The principal amount of the Obligations does not exceed .25 percent of the market value of taxable property in the Issuer. 1.02. Sale. Pursuant to the provisions of Minnesota Statutes, Section 475.60, subdivision 2(2), the public sale requirements do not apply to the sale of the Obligations since the Issuer has not and will not negotiate the sale of obligations pursuant to said authorization in a principal amount exceeding$1,200,000 during any 12 month period prior to or following the sale of the Obligations. The Council has received an offer from Anchor Bank,National Association,in Eden Prairie,Minnesota (the Purchaser), to purchase the Obligations at a price of$600,000, on the further terms and conditions hereinafter set forth. The proposal is hereby accepted, and the Mayor and the City Manager are hereby authorized and directed to execute a contract on the part of the Issuer for the sale of the Obligations with the Purchaser. • Section 2. Obligation Terms; Registration; Execution and Delivery. 2.01. Issuance of Obligations. All acts,conditions and things which are required by the Constitution and laws of the State of Minnesota to be done, to exist,to happen and to be performed precedent to and in the valid issuance of the Obligations having been done, now existing, having happened and having been performed, it is now necessary for the City Council to establish the form and terms of the Obligations,to provide security therefor and to issue the Obligations forthwith. 2.02. Maturities; Interest Rates; Denominations and Payment. The Obligations shall be originally dated as of the date of delivery, shall be in the denomination of$5,000 each, or any integral multiple thereof, of single maturities, shall bear interest from the date of issue until paid at the annual rate of 5.25%per annum, and shall mature, without option of prior payment, on June 1 in the years and amounts stated below: 3 3 Year Principal Amount 2000 $300,000 2001 150,000 2002 150,000 The Obligations shall be issuable only in fully registered form. The interest thereon and,upon surrender of each Obligation at the principal office of the Registrar described herein, the principal amount thereof, shall be payable by check or draft issued by the Registrar described herein. Upon initial delivery of the Obligations pursuant to Section 2.06 and upon any subsequent transfer or exchange pursuant to Section 2.05, the date of authentication shall be noted on each Obligation so delivered, exchanged or transferred. 2.03. Dates and Interest Payment Dates. Interest on the Obligations shall be payable on each June 1 and December 1, commencing June 1, 2000,to the owners of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 2.04. Appointment of Initial Registrar. The Issuer hereby appoints the Community Development and Financial Services Director of the Issuer as the initial bond registrar, transfer agent and paying agent(the Registrar). The Issuer reserves the right to remove the Registrar upon thirty days'notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Obligations in its possession to the successor Registrar and shall deliver the bond register to the successor Registrar. 2.05. Registration. The effect of registration and the rights and duties of the Issuer and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep a bond register in which the Registrar shall provide for the registration of ownership of Obligations and the registration of transfers and exchanges of Obligations entitled to be registered, transferred or exchanged. (b) Transfer of Obligations. Upon surrender for transfer of any Obligation duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing,the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Obligations of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may,however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. I (c) Exchange of Obligations. Whenever any Obligations are surrendered by the registered owner for exchange the Registrar shall authenticate and deliver one or more new Obligations of a like aggregate principal amount and maturity,as requested by the registered owner or the owner's attorney in writing. • (d) Cancellation. All Obligations surrendered upon any transfer or exchange shall be promptly canceled by the Registrar and thereafter disposed of as directed by the Issuer. (e) Improper or Unauthorized Transfer. When any Obligation is presented to the Registrar for transfer,the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Obligation or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for the refusal, in good faith,to make transfers which it,in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The Issuer and the Registrar may treat the person in whose name any Obligation is at any time registered in the bond register as the absolute owner of the Obligation,whether the Obligation shall be overdue or not,for the purpose of receiving payment of or on account of,the principal of and interest on the Obligation and for all other purposes; and all payments made to any registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability upon Obligation to the extent of the sum or sums so paid. (g) Taxes,Fees and Charges. For every transfer or exchange of Obligations (except • for an exchange upon a partial redemption of a Obligation), the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax,fee or other governmental charge required to be paid with respect to such transfer or exchange. • (h) Mutilated,Lost,Stolen or Destroyed Obligations. In case any Obligation shall become mutilated or be destroyed,stolen or lost,the Registrar shall deliver a new Obligation of like amount,number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Obligation or in lieu of and in substitution for any Obligation destroyed,stolen or lost,upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and,in the case of a Obligation destroyed,stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Obligation was destroyed, stolen or lost, and of the ownership thereof,and upon furnishing to the Registrar of an appropriate Obligation or indemnity in form,substance and amount satisfactory to it,in which both the Issuer and the Registrar shall be named as obligees. All Obligations so surrendered to the Registrar shall be canceled by it and evidence of such cancellation shall be given to the Issuer. If the mutilated, destroyed,stolen or lost Obligation has already matured or been called 5 for redemption in accordance with its terms it shall not be necessary to issue a new Obligation prior to payment. (i) Authenticating Agent. The Registrar is hereby designated authenticating agent for the Obligations, within the meaning of Minnesota Statutes,Section 475.55, Subdivision 1, as amended. 2.06. Execution, Authentication and Delivery. The Obligations shall be prepared under the direction of the Community Development and Financial Services Director and shall be executed on behalf of the Issuer by the signatures of the Mayor and the City Manager,provided that the signatures may be printed,engraved or lithographed facsimiles of the-originals. In case any officer whose signature or a facsimile of whose signature shall appear on the Obligations shall cease to be such officer before the delivery of any Obligation, such signature or facsimile shall nevertheless be valid and sufficient for all purposes,the same as if he had remained in office until delivery. Notwithstanding such execution, no Obligation shall be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Obligation has been duly executed by the manual signature of the Registrar. The executed certificate of authentication on each Obligation shall be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Obligations have been prepared, executed and authenticated, the Community Development and Financial Services Director shall deliver them to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 2.07. Form of Obligations. The Obligations shall be prepared in substantially the following form: [Face of the Obligations] UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF EDEN PRAIRIE GENERAL OBLIGATION EQUIPMENT CERTIFICATE OF INDEBTEDNESS,SERIES 2000A Interest Rate Maturity Date Date of Original Issue June 1, March_, 2000 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS • THE CITY OF EDEN PRAIRIE,HENNEPIN COUNTY,MINNESOTA(the Issuer), acknowledges itself to be indebted and hereby promises to pay to the registered owner named above, or registered assigns,the principal sum specified above on the maturity date specified above,with interest thereon from the date of original issue specified above or from the most recent interest payment date to which interest has been paid or provided for,at the annual rate specified above,without option of prior payment,payable on June 1 and December 1 in each year,commencing June 1,2000,to the person in whose name this Obligation is registered at the close of business on the fifteenth day(whether or not a business day)of the immediately preceding month. The interest hereon and,upon presentation and surrender hereof,the principal hereof are payable in lawful money of the United States of America by check or draft by the Community Development and Financial Services Director,City of Eden Prairie,Minnesota,as bond registrar,transfer agent and paying agent(the Registrar),or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due,the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. This Obligation is one of an issue in the aggregate principal amount of$600,000 issued pursuant to a resolution adopted by the City Council on March 21,2000(the Resolution),to finance the costs of acquisition of capital equipment, and is issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota thereunto enabling,including Minnesota Statutes,Section 412.301 and Chapter 475. The Obligations are issuable only in fully registered form,in denominations of $5,000 or any integral multiple thereof, of single maturities. As provided in the Resolution and subject to certain limitations set forth therein,this Obligation is transferable upon the books of the Issuer at the office of the Registrar,by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Obligations of other authorized denominations. Upon such transfer or exchange the Issuer will cause a new Obligation or Obligations to be issued in the name of the transferee or registered owner,of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The Obligations have been designated by the Issuer as "qualified tax-exempt obligations" pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986. 1- 7 The Issuer and the Registrar may deem and treat the person in whose name this Obligation is registered as the absolute owner hereof, whether this Obligation is overdue or not,for the purpose of receiving payment and for all other purposes, and neither the Issuer nor the Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED,RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done,to. exist, to happen and to be performed preliminary to and in the issuance of this Obligation in order to make it a valid and binding general obligation of the Issuer in accordance with its terms,have been done, do exist, have happened and have been performed as so required; that,prior to the issuance hereof,the City Council has levied ad valorem taxes on all taxable property in the Issuer,which taxes will be collectible for the years and in amounts sufficient to produce sums not less than five percent in excess of the principal of and interest on the Obligations when due, and has appropriated such taxes to its General Obligation Equipment Certificates of Indebtedness, Series 2000 Bond Fund for the payment of such principal and interest; that if necessary for payment of such principal and interest, additional ad valorem taxes are required to be levied upon all taxable property in the Issuer, without limitation as to rate or amount; and that the issuance of this Obligation, together with all other indebtedness of the Issuer outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the Issuer to exceed any constitutional or statutory limitation of indebtedness. This Obligation shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by manual signature of the Registrar. • IN WITNESS WHEREOF,The City of Eden Prairie, Hennein County,Minnesota,by its City Council, has caused this Obligation to be executed on its behalf by the facsimile signatures of the Mayor and City Manager. Date of Authentication: March 2000. CITY OF EDEN PRAIRIE,MINNESOTA City Manager Mayor CERTIFICATE OF AUTHENTICATION This is one of the Obligations delivered pursuant to the Resolution mentioned within. COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR, CITY OF EDEN PRAIRIE,MINNESOTA, as Registrar By The following abbreviations,when used in the inscription on the face of this Obligation, shall be construed as though they were written out in full according to the applicable laws or.regulations: • TEN COM-- as tenants in common UTMA " as Custodian for (Cust) (Minor) under Uniform Transfers to Minors Act TEN ENT--as tenants by the entireties (State) 3T TEN-- as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used. • ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Obligation and all rights thereunder,and does hereby irrevocably constitute and appoint attorney to transfer the said Obligation on the books kept for registration of the within Obligation,with full power of substitution in the premises. Dated: NOTICE: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Obligation in every particular, without alteration or enlargement or any change whatsoever. -- 9 Signature Guaranteed: Signature(s)must be guaranteed by an"eligible guarantor institution"meeting the requirements of the Registrar,which requirements include membership or participation in STAMP or such other"signature guaranty program"as may be determined by the Registrar in addition to or in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: Section 3. General Obligation Equipment Certificates of Indebtedness, Series 2000 Bond Fund. So long as any of the Obligations are outstanding and any principal of or interest thereon unpaid,the Community Development and Financial Services Director shall maintain a separate debt service fund on the official books and records of the Issuer to be known as the General Obligation Equipment Certificates of Indebtedness,Series 2000 Bond Fund(the Bond Fund),and the principal of and interest on the Obligations shall be payable from the Bond Fund. The Issuer irrevocably appropriates to the Bond Fund(a) all taxes levied and collected in accordance with this Resolution and (b)all other moneys as shall be appropriated by the City Council to the Bond Fund from time to time. If the balance in the Bond Fund is at any time insufficient to pay all interest and principal then due on all Obligations payable therefrom,the payment shall be made from any fund of the Issuer which is available for that purpose, subject to reimbursement from the Bond Fund when the balance therein is sufficient, and the City Council covenants and agrees that it will each year levy a sufficient amount of ad valorem taxes to take care of any accumulated or anticipated deficiency, which levy is not subject to any constitutional or statutory limitation. Section 4. Pledge of Taxing Powers. For the prompt and full payment of the principal of and interest on the Obligations as such payments respectively become due, the full faith, credit and unlimited taxing powers of the Issuer shall be and are hereby irrevocably pledged. In order to produce aggregate amounts not less than 5% in excess of the amount needed to meet when due the principal and interest payments on the Obligations, ad valorem taxes are hereby levied on all taxable property in the Issuer. The taxes are to be levied and collected in the following years and amounts: Levy Years Collection Years Amount 1998-2002 1999-2003 See attached Levy Computation The taxes shall be irrepealable as long as any of the Obligations are outstanding and unpaid,provided that the Issuer reserves the right and power to reduce the tax levies in accordance with the provisions of Minnesota Statutes,Section 475.61. Section 5. Defeasance. When all of the Obligations have been discharged as provided in this section, all pledges,covenants and other rights granted by this Resolution to the registered /0 owners of the Obligations shall cease. The Issuer may discharge its obligations with respect to any Obligations which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or, if any Obligation should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued from the due date to the date of such deposit. The Issuer may also at any time discharge its obligations with respect to any Obligations,subject to the provisions of law now or hereafter authorizing and regulating such action,by depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose,cash or securities which are authorized by law to be so deposited,bearing interest payable at such time and at such rates and maturing or callable at the holder's option on such dates as shall be required to pay all principal and interest to become due thereon to maturity or earlier designated redemption date. Section 6. Certification of Proceedings. 6.01. Registration of Obligations. The Community Development and Financial Services Director is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of Hennepin County and obtain a certificate that the Obligations have been duly entered upon the County Auditor's bond register. 6.02. Authentication of Transcript. The officers of the Issuer and the County Auditor are hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey&Whitney LLP,Bond Counsel, certified copies of all proceedings and records relating to the Obligations and such other affidavits,certificates and information as may be required to show the facts relating to the legality and marketability of the Obligations, as the same appear from the books and records in their custody and control or as otherwise known to them, and all such certified copies, affidavits and certificates, including any heretofore furnished,shall be deemed representations of the Issuer as to the correctness of all statements contained therein. Section 7. Tax Covenants; Arbitrage Matters and Continuing Disclosure. 7.01. General Tax Covenant. The Issuer covenants and agrees with the registered owners from time to time of the Obligations that it will not take, or permit to be taken by any of its officers,employees or agents, any actions that would cause interest on the Obligations to become includable in gross income of the recipient under the Internal Revenue Code of 1986 (the Code) and applicable Treasury Regulations(the Regulations),and covenants to take any and all actions within its powers to ensure that the interest on the Obligations will not become includable in gross income of the recipient under the Code and the Regulations. In particular,the Issuer covenants and agrees that all proceeds of the Obligations will be expended solely for the payment of the costs of acquisition and installation of capital equipment to be owned and maintained by the Issuer and used in the Issuer's general governmental operations. The Issuer shall not enter into any lease,use or other agreement with I1 any non-governmental person relating to the use of the equipment or security for the payment of the Obligations which might cause the Obligations to be considered "private activity bonds" or"private loan bonds"pursuant to Section 141 of the Code. 7.02. Certification. The Mayor and City Manager being the officers of the Issuer charged with the responsibility for issuing the Obligations pursuant to this Resolution, are authorized and directed to execute and deliver to the Purchaser a certificate in accordance with the provisions of Section 148 of the Code, and applicable Regulations, stating the facts, estimates and circumstances in existence on the date of issue and delivery of the Obligations which make it reasonable to expect that the proceeds of the Obligations will not be used in a manner that would cause the Obligations to be "arbitrage bonds" within the meaning of the Code and Regulations. • 7.03. Arbitrage Rebate Exemption. It is hereby found that the Issuer has general taxing powers, that no Obligation is a"private activity bond" within the meaning of Section 141 of the Code,that 95% or more of the net proceeds of the Obligations are to be used for local governmental activities of the Issuer, and that the aggregate face amount of all tax-exempt obligations (other than private activity bonds) issued by the Issuer and all subordinate entities thereof during the year 2000 is not reasonably expected to exceed$5,000,000. Therefore,pursuant to the provisions of Section 148(f)(4)(D) of the Code,the Issuer shall not be required to comply with the arbitrage rebate requirements of paragraphs (2) and (3) of Section 148(f) of the Code. 7.04. Qualified Tax-Exempt Obligations. The City Council hereby designates the Obligations as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code relating to the disallowance of interest expense for financial institutions, and hereby finds that the reasonably anticipated amount of qualified tax-exempt obligations (within the meaning of Section 265(b)(3) of the Code) which will be issued by the Issuer and all subordinate entities during calendar year 2000 does not exceed$10,000,000. 7.05. Reimbursement. The Issuer certifies that the proceeds of the Obligations will not be used by the Issuer to reimburse itself for any expenditure with respect to the equipment which the Issuer paid or will have paid more than 60 days prior to the issuance of the Obligations unless, with respect to such prior expenditures, the Issuer shall have made a declaration of official intent which complies with the provisions of Section 1.150-2 of the Regulations; provided that this certification shall not apply(i)with respect to certain de minimis expenditures,if any,with respect to the equipment meeting the requirements of Section 1.150-2(f)(1) of the Regulations, or(ii)with respect to "preliminary expenditures" for the equipment as defined in Section 1.150-2(f)(2) of the Regulations which in the aggregate do not exceed 20%of the "issue price" of the Obligations. 7.06. Continuing Disclosure. The SEC has promulgated certain amendments to Rule ` 15c2-12 under the Securities Exchange Act of 1934(17 C.F.R. § 240.15c2-12) (the Rule) that make • it unlawful for an underwriter to participate in the primary offering of municipal securities in a principal amount of$1,000,000 or more unless,before submitting a bid or entering into a purchase contract for the Obligations,it has reasonably determined that the Issuer or an obligated person has undertaken in writing for the benefit of the bondholders to provide certain disclosure information to prescribed information repositories on a continuing basis or unless and to the extent the offering is exempt from the requirements of the Rule. The principal amount of the Obligations is less than$1,000,000. The Issuer- hereby represents that it has not issued within the six months before the date of issuance of the Obligations, and that it reasonably expects that it will not issue within six months after the date of issuance of the Obligations, other securities of the Issuer of substantially the same security and providing financing for the same general purpose or purposes as the Obligations. Consequently,this Council hereby finds that the Rule is inapplicable to the Obligations,because the aggregate principal amount of the Obligations and any other securities required to be integrated with the Obligations thereunder is less • than$1,000,000. Therefore,the Issuer will not enter into any undertaking to provide continuing disclosure of any kind with respect to the Obligations. Upon vote being taken thereon the following voted in favor thereof: and the following voted against the same: • whereupon the resolution was declared duly passed and adopted. 13 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 21, 2000 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Safety Services Minnesota Auto Theft Prevention Program Grant Director James G. Clark/ V TD Police Officer Robert A. Olson Requested Action Move to adopt a resolution accepting the Minnesota Auto Theft Prevention Program Grant. Synopsis The Police Department has applied for and received approval of a $30,000 grant from the Minnesota Auto Theft Prevention Program. The grant approval is contingent on a City Council resolution stating that the City will accept the grant and give the City Manager signing authority for a contract between the State of Minnesota and the City of Eden Prairie. Background Information The grant money would be used to train officers and pay overtime salaries to accomplish the following objectives: Increase public and police awareness of auto theft prevention and investigation through education. Increase the number of arrests and prosecutions of suspects through proactive enforcement efforts. The grant period is from 07/01/00 to 06/30/01 and is a continuation of an existing grant that expires 06/30/00. Attachments • Resolution Accepting the Minnesota Auto Theft Prevention Program Grant CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2000- A RESOLUTION ACCEPTING THE MINNESOTA AUTO THEFT PREVENTION PROGRAM GRANT WHEREAS, the Minnesota Auto Theft Prevention Program funds programs which will reduce motor vehicle'theft and its consequences in the State of Minnesota; and WHEREAS, funding from MATPP would enable the Eden Prairie Auto Theft Prevention Program to train officers, pay overtime salaries and educate the community how to prevent auto theft. NOW, THEREFORE, BE IT RESOLVED that the City of Eden Prairie accept the $30,000 Minnesota Auto Theft Prevention Program Grant and designate the City Manager as the signing authority for a contract between the State of Minnesota and the City of Eden Prairie. ADOPTED this 21st day of March, 2000. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk 1 — CITY COUNCIL AGENDA DATE: March 21,2000 SECTION: Consent Calendar ITEM DESCRIPTION: ITEM NO.: SERVICE AREA/DIVISION: Joint and Cooperative Agreement for the City Office of the City Manager of Eden Prairie to be Member of the Municipal Legislative Commission _ 2. Requested Action Move to: Adopt Resolution to execute the Joint and Cooperative Agreement for the City of Eden Prairie to be a member of the Municipal Legislative Commission. Synopsis The City is one of 13 cities with similar characteristics that have joined the Municipal Legislative Commission. The Joint and Cooperative Agreement (JCA) was last amended in 1995. At the October 20, 1999, MLC Board Meeting, the Board passed the amended JCA. Each individual City must now approve changes. Background The MLC exists for the purpose of monitoring and influencing tax legislation which effects its member communities. The 13 member communities generally share common views and impacts regarding taxing policy adapted by the State, such as sales tax, property tax, TIF, levy limits, Homestead Agricultural Credit Aid, and Local Government Aid. We have found it beneficial to be a member of this group. Minor changes are being proposed in the JCA to reflect current operational practices of the group,including officer titles, terms, dues and indemnification. Attachments Resolution Strikeout Version of Joint and Cooperative Agreement CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO. 2000- A RESOLUTION RELATING TO JOINT AND COOPERATIVE AGREEMENT 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 this 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 the members. NOW, THEREFORE,BE IT RESOLVED that the Mayor and City Manager are hereby authorized and directed to execute the Joint and Cooperative Agreement as amended and attached hereto. ADOPTED this 21st day of March, 2000. Jean L. Harris,Mayor ATTEST: Kathleen Porta, City Clerk Last Amended July 19, 1995 JOINT AND COOPERATIVE AGREEMENT PRELIMINARY STATEMENT The parties to this Agreement are governmental units of the State of Minnesota. Minnesota Statute 471.59 permits two or more sub-units, by agreement of their governing bodies, to jointly and cooperatively exercise any power common to each of them. Pursuant to statutory authorization, the parties to this Agreement have chosen to execute a joint powers agreement providing, in essence, for the development of legislative programs on matters of mutual concern and interests. ARTICLE 1. GENERAL PURPOSE The primary purpose of this Agreement is for the member municipalities to jointly and cooperatively develop legislative programs on matters of mutual concern and interest, and identify, review, and to actively oppose proposals which may be in conflict with the interests of the member municipalities. The organization formed pursuant to this Agreement will be funded by member municipalities' contributions, as herein specified, with contributions being used for the retention of professional assistance, information preparation and dissemination, research, and other activities that may from time to time be authorized by the membership. ARTICLE 2. NAME The Parties Members hereto agree to establish an organization to be known as the Municipal Legislative Commission to carry out the objectives of this Agreement. ARTICLE 3. DEFINITION OF TERMS For the purpose of this Agreement, the terms defined in this Article shall have the meanings given them by this Article. 3.1) "Board" or "Board of Directors" means the governing body of the Commission. 3.2) "Commission" means the organisation created pursuant to this Agreement. A' 3 3.3) "Council" means the governing body of a Party Member. 3.4) "Directors" means the persons appointed pursuant to this Agreement to serve as Directors. 3.5) "Operative Operating Committee" means the committee consisting of the City Managers or Administrators of each Party Member. 3.6) " " Member means a municipality which has entered into this Agreement. 3.7) "Associate Member" means a municipality which has entered into this Agreement, but does not have the same voting rights and privileges as a sty Member. ARTICLE 4. ADDITIONAL MEMBERS Any other municipality may become a Party Member or Associate Member upon approval by a majority of the then Parties Members. ARTICLE 5. EFFECTIVE DATE A municipality shall enter into this Agreement by duly executing a copy of this Agreement any by filing such copy, together with a certified copy of the authorizing resolution, with the Commission President Chair. This Agreement shall become effective upon approval by at least six (6) municipalities, or on February 1984, whichever is sooner. ARTICLE 6. POWERS AND DUTIES OF THE COMMISSION 6.1) The powers and duties of the Commission shall include the powers set forth in this article. 6.2) It may establish legislative programs embodying proposed legislation and positions on proposed legislation. 6.3) It may take such action as it deems necessary and appropriate to accomplish the general purpose of this organization. 6.4) It may consult with persons knowledgeable in the legislative process and persons having a special interest therein, such as legislators, research organizations, educational institutions, other political subdivisions, municipal organisations, regulatory organizations, technical experts, and any other persons who can provide pertinent information concerning legislation of interest to the Commission. 6.5) It may provide for the prosecution, defense, or other participation in actions or proceedings at law in which it may have an interest, and may employ counsel for that purpose. 6.6) It may conduct such research and investigation and take such action as it deems necessary, including participation and appearance in proceedings of any metropolitan, state, federal, regulatory, or legislative or administrative bodies, on any proposed or existing law, bill, or recommendation related to or affecting any or all members. 6.7) It may enter into any contracts deemed necessary by the Board to carry out its powers and duties, subject to the provisions of this Agreement. 6.8) It may contract with any of the Parties Members or others to provide space, services, or materials on its behalf. Any contracts let or purchases made shall conform to the requirements applicable to Minnesota statutory cities. 6.9) It may accept gifts, apply for use grants, enter into agreements required in connection therewith and hold, use and dispose of money or property received as a gift or grant in accordance with the terms thereof. 6.10) It shall cause an annual audit of the books of the Commission to be made by an independent auditor, or an independent auditor of a member city, whichever the Board determines. It shall make an annual financial accounting and report in writing to the Parties Members. Its books and records shall be available for and open to the examination by the Parties at all reasonable times. It shall establish the annual budget for the Commission as provided in this Agreement. 6.11) It may delegate authority to the Operating Committee between Commission meetings. Such delegation of authority shall be by resolution of the Board and may be reconditioned in such manner as the Board may determine. 6.12) It may exercise any other power necessary and incidental to the implementation of its powers and duties. ARTICLE 7. BOARD OF DIRECTORS 7.1) Commission shall be its Each Party shall be entitled to two (2) Directors. Each Director shall have 5 one (1) vote. The governing body of the Commission is its Board of Directors. Each Member is entitled to two Directors. Each Member is entitled to one vote to be cast by the elected Director or in his/her absence the appointed Director or their respective proxies. The Council of each Party Member shall appoint its two (2) Directors, one (1) of whom shall be the City Manager or Administrator and the other shall be an elected official from the Council of the Party Member. Directors shall serve without compensation from the Commission, but this shall not prevent a Party Member from providing compensation for its Directors if such compensation is authorized by the Party Member and by law. 7.2) Proxy voting shall be permitted. Proxies must be designated by a Director and must be present at the meeting to vote. 7.3) Each Director shall serve until that Director's successor is appointed and assumes his or her responsibilities. Directors shall serve at the pleasure of the Council appointing them. When a Council appoints a Director, it shall give notice of such appointment to the Commission's Secretary/Treasurer. Such notice shall include the mailing address of the person so appointed. The names and addresses shown on such notices may be used as the official names and addresses for the purposes of giving notices of any meetings of the Commission. 7.4) A majority of the Board of Directors Members shall constitute a quorum of the Board. 7.5) A vacancy on the Board shall be filled by the Council of the Party Member whose position on the Board is vacant. ARTICLE 8. MEETINGS 8.1) The Commission shall meet at least quarterly and shall hold an annual organizational meeting in July. 8.2) The Board shall adopt Bylaws governing its procedures, including the time, place, and frequency of its regular meetings. Such Bylaws may be amended from time to time. 8.3) Special meetings of the Board may be called (a) by the President Chair or (b) by the Operating Committee, or the Board upon written request of the majority of the Directors. Five (5) days' written notice of special meetings shall be given to the Directors. Such notice shall include the agenda for the special meeting. Only matters set forth in the agenda shall be considered at a special meeting. �6 8.4) Notice of regular meetings of the Board shall be given to the Directors by the Secretary/Treasurer at least seven (7) days in advance and the agenda for such meetings shall accompany the notice. However, business at regular meetings of the Board need not be limited to matters set forth in the agenda. 8.5) The Board may conduct business without holding a regular or special meeting if a majority of members ratify an action in writing (by US Mail, electronic mail or facsimile). All actions ratified by written consent must be distributed by US Mail, electronic mail or facsimile to all members of the Board within ten days of the- ratification. ARTICLE 9. OFFICERS 9.1) Number, Election, Qualifications - The officers of the Commission shall consist of a President Chair, Vine President Vice Chair and a Secretary/Treasurer. Each officer shall be elected at the annual organizational meeting by the Board. The President and Vine President Chair and Vice Chair shall hold office until-the-next for a two-year term and until his/her successor shall have been elected and have qualified or until his/her earlier disqualification, death, resignation, or removal. The Secretary/Treasurer's term shall commence on January 1 of the following year and end on December 31 of that year twenty four months later. All officers shall be Directors. New officers shall take office at the adjournment of the annual meeting of the Commission at which they were elected, with the exception of the Secretary/Treasurer who shall take office on the first day of January of the following year. Not more than one (1) Director of a Party Member shall be elected an officer during the same term. Directors of a Party Member that have given notice of withdrawal shall not be eligible to become officers or to vote on the selection of officers. Any officer who ceases to be a Director shall at the same time cease to be an officer. If re-elected, officers may serve for more than ene-yeas two years. 9.2) Resignation - Any officer of the Commission may resign at any time by giving written notice of his/her resignation to the Board, to the President Chair, or to the Secretary/Treasurer of this Commission. The resignation shall take effect at the time, if any, specified therein or, if no time is specified therein, upon receipt thereof by said Board President Chair, or to the Secretary/Treasurer. The acceptance of a resignation shall not be necessary to make it effective. 9.3) Removal - Any officer may be removed, with or without cause, by a vote of four- fifths (4/5) of the total number of Directors, at any meetings of the Board, provided that such purpose is stated in the notice or waiver of notice of the meeting unless all of the Directors of this Commission are present at the meeting. 713. 9.4) Vacancies - A vacancy in any office because of disqualification, death, resignation, or removal shall be filled for the unexpired portion of the term in the manner prescribed herein for election to that office. 9.5) President; Vice President Chair; Vice Chair - The President Chair shall preside at all meetings of the Commission and shall perform all duties incident to the office of President Chair and such other duties as may be delegated by the Commission. The Vice President Vice Chair shall act as President Chair in the absence of the President Chair. The President Chair shall be an elected Director and the Vice President Vice Chair shall be an appointed Director who shall also serve as President Chair of the Operating Committee. 9.6) Secretary/Treasurer - The Secretary/Treasurer shall be a Director who is a member of the Operating Committee. He/She shall be responsible for keeping a record of all of the proceedings of the Commission and Operating Committee. The Secretary/Treasurer shall send written notice and material pertaining to agenda items to each Director. He/She shall have custody of the Commission's funds, shall pay its bills,. and keep its financial records, and generally conduct the financial affairs of the Commission. The Secretary/Treasurer shall be responsible for the activities provided by Section 6.10. The Secretary/Treasurer shall be responsible for such other matters as shall be delegated to him/her by the Commission. Orders, checks, and drafts of the Commission shall be issued in accordance with the financial practices applicable to the member city from which the Secretary/Treasurer is elected. In conducting the Commission's financial affairs, the Secretary/Treasurer shall, at all times, act in accordance with general accepted accounting principles. The Secretary/Treasurer's reports, including any bills or claims to be acted upon by the Commission, shall be distributed to all Directors. Any persons may be engaged to perform such services under the Secretary/Treasurer's supervision and direction, when authorized by the Commission. 9.7) Other officers - The Commission may appoint such other officers as it deems necessary. All such officers shall be Directors. 9.8) Committees - The Commission may appoint such committees as it deems necessary or desirable to accomplish its purposes. ARTICLE 10. OPERATING COMMITTEE 10.1) Qualifications - The Operating Committee shall consist of the City Manager or Administrator Director appointed by each Party Member. PX 10.2) Authority - The Operating Committee shall have the authority to manage the property, affairs, and business of the Commission between Commission meetings, to the extent specifically delegated by the Bylaws or resolution of the Board, but at all times, shall be subject to the control and direction of the Board. 10.3) Meetings - The Operating Committee shall meet monthly at a time and place to be determined by the Operating Committee. Special meetings may be called by the Vice President Vice Chair or by any other two (2) members of the Operating Committee or by the Commission. The date and place of the special meeting shall be fixed by the person or persons calling it. At least seventy-two (72) hours' (from the time of mailing) advance written notice of a special meeting shall be given to all members of the Operating Committee by the person or persons calling the meeting. The notice shall state the matters to be considered at the special meeting and only those matters shall be considered at that meeting. 10.4) Personnel - The Operating Committee shall have authority to hire, supervise, and discharge full- or part-time employees but their compensation shall be within budget limitations. The Operating Committee may make any required employer contributions which local government units are authorized or required to make by law. ARTICLE 11. FINANCIAL MATTERS 11.1) Commission funds may be expended by the Board in accordance with the procedures established by law for the expenditure of funds by Minnesota statutory cities. Legal instruments shall be executed with authority of the Board, by any two (2) officers. 11.2) The financial contributions of the Parties Members in Support of the Commission shall be per capita. Each of the Parties Members shall pay to the Commission an amount as yet to be determined by the Board annually at its annual meeting not to exceed $.35 per capita by February 15, of each year based upon the most recent Metropolitan Council population estimates, however, no individual municipalities shall contribute more than $11,000 per year. The financial contributions of Associate Members shall be determined by the Board. These amounts may be used by the Commission to pay all legal and consultant costs and expenses and other expenses as approved by the Board. The Board may authorize changes in the per capita and maximum charge for all members upon majority vote. 11.3) A proposed budget shall be formulated by the Board and submitted to the Parties Members on or before August 1 of each calendar year. Such budget shall be deemed approved by a Party Member unless, prior to September 15 of the year involved, the Party Member gives notice in writing to the Bid Chair that it is withdrawing from the Commission. Final action adopting a budget for the ensuing calendar year shall be taken by the Board on or before November 1 of each year. 11.4) Any Party Member may inspect and copy the Commission books and records at any and all reasonable times. All books and records shall be kept in accordance with normal and accepted accounting procedures and-principles used by Minnesota statutory cities. ARTICLE 12. WITHDRAWAL 12.1) Withdrawal - Any Party Member or Associate Member may withdraw from this Agreement effective on January 1 of any year by giving notice pursuant to Section 2 of this Article prior to September 15 of the preceding year. 12.2) Notice - In order to effectuate a withdrawal, a Party Member or Associate Member withdrawing from the Commission shall give written notice to the President Chair of the Commission, served personally on the President Chair or addressed to the President Chair at the address shown on the records of the Commission, and by giving with such notice, a copy of a resolution of its Council stating its decision to withdraw from the Commission. The withdrawal shall be effective upon actual receipt by the President Chair of such notice and resolution. The withdrawing Party Member shall have the responsibility for such actual receipt by the President Chair. Upon receipt of such notice and resolution, the President Chair of the Commission shall forward a copy of the notice and resolution to each Director. 12.3) Financial Effect of Withdrawal - No financial benefit shall inure to a Party Member or Associate Member that withdraws from this Commission nor shall there be any reimbursement for any contribution made or required of the withdrawn Party Member by this Agreement. ARTICLE 13. AMENDMENTS 13.1) Amendments This Agreement may be amended by a vote of two thirds 6' number of Parties Members at any meeting of the Board, provided that such purpose is star provided in writing to all Directors at least seven (7) days in advance of the to one (1) vote to be cast by the elected Director or in his/her absence the appointed Director or their respective proxies. This agreement may be amended only by the written approval of the City Councils of each member city. ARTICLE 14. DISSOLUTION 14.1) Duration of Commission — The Commission shall be dissolved if less than four (4) Parties Members remain, or by operating of state or federal law or regulation, now or hereafter enacted, or by mutual signed agreement of all of the Parties Members. 14.2) Distribution of Assets — Upon dissolution of the Commission, all remaining assets of the Commission, after payment of all obligations, shall be distributed among the Parties Members that are Parties Members to the Agreement at the time of dissolution, in proportion to their contributions and in accordance with procedures established by the Commission. The Commission shall continue to exist after dissolution for such period, no longer than six (6) months, as is necessary to wind up its affairs, but for no other purposes. ARTICLE 15. INDEMNIFICATION Each member does hereby agree to indemnify and hold harmless the other members against all loss, damage, liability, claims, suits, judgments, costs and expenses for reason of loss of or damage to property and injury to or death of persons caused by acts or omissions of each member, its officers, agents or employees. III CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 21,2000 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Lease Agreement with Hennepin County for New Management Services Election Equipment F. Requested Action: Move to: Approve lease agreement with Hennepin County for new election equipment. Synopsis: The Hennepin County Board of Commissioners authorized the purchase of election equipment for a county wide optical scan voting system. The County will lease this equipment to the City for use in all City elections. Background Information: The Optech IIIP is being replaced with a state-of-the-art optical scan voting system that has the capability to transmit election results directly to the County from the polling places. The annual maintenance fee for the new Model 100 will be $125 per machine per year. The maintenance fee on the old Optech IIIP has been$257.25 per machine per year. 1 Agreement No. A07990 HENNEPIN COUNTY/CITY OF EDEN PRAIRIE LEASE AGREEMENT THIS AGREEMENT,made by and between the COUNTY OF HENNEPIN and the CITY OF EDEN PRAIRIE,both political subdivisions of the State of Minnesota,hereinafter referred to as the"County"and the"City"respectively. For purposes of this Agreement,the address of the County is A2300 Government Center,Minneapolis, Minnesota 55487 and the address of the City is 8080 Mitchell Road,Eden Prairie,Minnesota 55344. WITNESSETH WHEREAS,the Hennepin County Board of Commissioners in Resolution Number 99-6- 426 authorized the purchase of election equipment(hereinafter "Election Equipment")for a countywide optical scan voting system,election hardware and services through the State of Minnesota Cooperative Purchasing Agreement; and WHEREAS,the County pursuant to Minn. Stat. § 383B.145, Subd. 9 may transfer property to the City for its use; and WHEREAS,the County desires to lease new Election Equipment to the City for use in all City elections. NOW THEREFORE,in consideration of the mutual undertakings and agreements hereinafter set forth,the County and the City agree as follows: Section 1 SCOPE OF AGREEMENT 1.1 The County hereby leases to the City at the cost identified below and subject to the terms and conditions of this Agreement,and the City hereby agrees to lease from the County Election Equipment identified as: one (1)Model 100 Optical Scan Precinct Count Unit (including two(2)PCMIA memory cards, one (1)Model 100 metal ballot box,one (1) Model 100 hard cover carrying case, and one(1)Model 100 soft cover carry case)for each precinct contained within the City. The County may additionally lease to the City and the City may lease from the County one(1)Model 100 Optical Scan Precinct Count Unit and related items identified above for each backup Optech IIIP Precinct Count Unit transferred to the County by the City for trade-in value. Section 2 OWNERSHIP 2.1 The City acknowledges that the County owns the Election Equipment and that the City is authorized to use said Election Equipment for official election related purposes. Use of the Election Equipment for any other purpose is strictly prohibited absent express written consent of the County. 2.2 The City acknowledges and agrees that the Election Equipment may contain proprietary and trade secret information that is owned by Election Systems and Software(ESS) and is protected under federal copyright law or other laws,rules,regulations and decisions. The City shall protect and maintain the proprietary and trade secret status of the Election Equipment. • Section 3 HANDLING OF EQUIPMENT AND INDEMNIFICATION 3.1 The City shall be responsible for the Election Equipment while it is in the City's custody. • The City either through insurance or a self-insurance program shall be responsible for all costs,fees, damages and expenses including but not limited to personal injury,storage, damage,repair and/or replacement of the Election Equipment while this contract is in effect,consistent with the City's defense and indemnity obligations contained in Section 5.6 herein. Section 4 TERM,TERMINATION 4.1 The City and the County agree that this Agreement is in effect during the period. commencing upon signature by the County and terminating when the City and County mutually agree that the equipment will no longer be used for the City's elections,unless terminated sooner by either party with cause upon seven(7)calendar days' written notice to the other. Section 5 OTHER TERMS AND CONDITIONS 5.1 No Waiver. No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a �3 waiver thereof unless the same is consented to in writing. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be observed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained. All remedies provided for in this Agreement shall be cumulative and in addition to, and not in lieu of, any other remedies available to either party at law, in equity, or otherwise. 5.2 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 5.3 Entire Agreement. This Agreement constitutes the entire agreement between the parties, and there are no understandings or agreements relative hereto other than those that are expressed herein. No change,waiver, or discharge hereof shall be valid unless in writing and executed by both parties. 5.4 No Assignment. Neither party shall assign, sublet or transfer this Agreement, either in whole or in part,without the prior written consent of the other party, and any attempt to do so shall be void and of no force and effect. 5.5 THE CITY AGREES THAT THE COUNTY IS FURNISHING THE ELECTION EQUIPMENT ON AN "AS IS"BASIS,WITHOUT ANY SUPPORT WHATSOEVER,AND WITHOUT REPRESENTATION OR ANY EXPRESS OR IMPLIED WARRANTIES, OTHER THAN THOSE PROVIDED BY ESS, INCLUDING BUT NOT IN ANY MANNER LIMITED TO,FITNESS FOR PARTICULAR PURPOSE,MERCHANTABILITY OR THE ACCURACY AND. COMPLETENESS OF THE ELECTION EQUIPMENT. THE COUNTY'S SOLE LIABILITY AND THE CITY'S EXCLUSIVE REMEDY FOR ANY SUBSTANTIAL DEFECT WHICH IMPAIRS THE USE OF THE ELECTION EQUIPMENT FOR THE PURPOSE STATED HEREIN SHALL BE THE RIGHT TO TERMINATE THIS AGREEMENT. THE COUNTY DOES NOT WARRANT THAT THE ELECTION EQUIPMENT WILL BE ERROR FREE. THE COUNTY DISCLAIMS ANY OTHER WARRANTIES,EXPRESS OR IMPLIED,RESPECTING THIS AGREEMENT OR THE ELECTION EQUIPMENT. 5.6 In no event shall the County be liable for actual, direct, indirect, special, incidental, consequential damages(even if the County has been advised of the possibility of such damage) or loss of profit,loss of business or any other financial loss or any other damage arising out of performance or failure of performance of this Agreement by the County. The County and the City agree each will be responsible for their own acts and omissions under this Agreement and the results thereof to the extent authorized by law and shall defend,indemnify and hold harmless the other party for such acts. Each party shall not be responsible for the acts, errors or omissions of the other party under the Agreement and the results thereof. The parties' respective liabilities shall be governed by the provisions of the Municipal Tort Claims Act,Minnesota Statutes Chapter 466, and other applicable law. This paragraph shall not be construed to bar legal remedies one party may have for the other party's failure to fulfill its obligations under this Agreement. 5.7 Notice. Any notice or demand shall be in writing and shall be sent registered or certified mail to the other party addressed as follows: To the City: (Name) City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 To the County: Hennepin County Administrator A-2300 Government Center (233) Minneapolis, MN 55487-0233 Copy to: Patrick H. O'Connor Director,Taxpayer Services Department A-600 Government Center(060) Minneapolis,MN 55487-0060 5.8 Audit Provision.Both parties agree that either party,the State Auditor,or any of their duly authorized representatives at any time during normal business hours,and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents,papers, records, etc., which are pertinent to the accounting practices and procedures of the other party and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of the contract and for six(6)years after its termination or cancellation. 5.9 Whereas Clauses. The matters set forth in the"Whereas" clauses on page one of this Agreement are incorporated into and made a part hereof by this reference. 5.10 Survival of Provisions. It is expressly understood and agreed that the obligations and warranties of the City and County hereof shall survive the completion of performance and termination or cancellation of this Agreement. 5.11 Authority. The person or persons executing this Lease Agreement on behalf of the City and County represent that they are duly authorized to execute this Lease Agreement on behalf of the City and the County and represent and warrant that this Lease Agreement is a legal,valid and binding obligation and is enforceable in accordance with its terms. is 5.12 For use of the Model 100 Optical Scan Precinct County Units,the City shall: a. Pay the County the amount of One Hundred dollars ($100)per Model 100 Optical Scan Precinct Count Unit upon delivery to the City of said equipment; OR b. Convey to the County Optech IIIP Precinct Count Units equal in number to the number of Model 100 Precinct Count Units delivered to the City. The City makes no implied or express warranties concerning the equipment, and the County will accept the Optech IIIP Precinct Count Units if each is in reasonable working condition. 5.13 Maintenance Agreement. The County will enter into a Maintenance Agreement with Election Systems & Software,Inc., for maintenance of the City equipment at the expiration of the Warranty Period, determined to be December 31,2001. The City shall obtain the services furnished by the Maintenance Agreement directly from Election Systems& Software, Inc.. The annual fee for said Maintenance Agreement shall be One Hundred Twenty-five dollars ($125)per unit, and any increase in the fee shall not exceed three percent (3%) of the prior two (2) year Maintenance Agreement with the County. The City shall reimburse the County for the County's out-of-pocket costs in securing the Maintenance Agreement at the time of renewal of said agreement by the County. Payment by the City shall be made within thirty-five (35) days of receipt of invoice. 5.14 Program Service. The County shall, without charge, provide programming services prior to each time the City uses the Election Equipment. Service for the accumulation of election results may be made available at the discretion of the County. 5.15 Inspection and Return of Equipment. The County shall have the right to enter into and upon the premises where the Election Equipment is located for the purposes of inspecting the same or observing its use. On an annual basis, during the term of this Agreement,the City shall comply with the County's request for verification of Election Equipment inventory. Upon termination of this Agreement,the city shall forthwith deliver the Election Equipment to the County or its designee, complete and in good order and working condition. The City shall be responsible for all costs,including but not limited to shipping,related to the repair or replacement of lost, stolen, destroyed or damaged Election Equipment. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK /6 COUNTY BOARD APPROVAL CITY,having signed this contract, and the Hennepin County Board of Commissioners having duly approved this contract on the 3rd day of August, 1999,and pursuant to such approval,the proper County officials having signed this contract,the parties hereto agree to be bound by the provisions herein set forth. Approved as to form COUNTY OF HENNEPIN STATE OF MINNESOTA By: Assistant County Attorney Chair of Its County Board Date: And: Assistant/County Administrator Approved as to execution - ATTEST: Deputy/Clerk of County Board Assistant County Attorney Date: CITY OF EDEN PRAIRIE Approved as to form ' By: Mayor By: City Attorney City Clerk/City Manager Date: CITY COUNCIL AGENDA DATE: SECTION: CONSENT CALENDAR March 21,2000 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management Services Approve the First Amendment to the Second VI. G. Restated Joint Powers Agreement Establishing a Southwest Metro Transit Commission Requested Action Move to: Approve the First Amendment to the Second Restated Joint Powers Agreement Establishing a Southwest Metro Transit Commission. Synopsis See attached memo. Attachments • First Amendment to the Second Restated Joint Powers Agreement Establishing a Southwest Metro Transit Commission • Strikeout Version of the Amendment City of Eden Prairie Memo To: Mayor and Councilmembers From: Councilmember Nancy Tyra-Lukens Date: March 21,2000 Re: Southwest Metro Transit Commission Joint Powers Agreement Attached are proposed changes to the JPA for Council consideration. The issue prompting the requested amendment is the difficulty in finding a rider representative for the Commission. Currently the rider representative position rotates among the three cities and the respective Council makes the appointment. This has not been a problem when it is Eden Prairie's turn to select a rider representative. However Chaska and Chanhassen, smaller communities with less ridership, have a hard time finding a rider representative. • Our current rider rep, Dan Grote, is an Eden Prairie resident and is very dedicated to the job. Chaska Councilmember Chad Dockter suggested the change to the JPA because Chaska doesn't have a good candidate and he would prefer to see Dan continue in the job rather than add a "warm body" simply because the rider resides in Chaska. The sense is that a rider representative truly represents the riders,not a city,so residency is secondary. We will informally attempt to rotate,but we do not want the rotation mandated by the JPA. In short,the changes are as follows: • Rider representative term is three years, rather than the current two,which brings it in line with that of other commission members. • The rider representative position does not have to rotate among the three cities. • The commission will appoint the rider representative. • The rider representative must live or work in a member city. FIRST AMENDMENT TO THE SECOND RESTATED JOINT POWERS AGREEMENT ESTABLISHING A SOUTHWEST METRO TRANSIT COMMISSION (FORMERLY SOUTHWEST AREA TRANSIT COMMISSION) THIS FIRST AMENDMENT to the Second Restated Joint Powers Agreement Establishing a Southwest Metro Transit Commission (Formerly Southwest Area Transit Commission) is made and entered into this day of , 2000, by and between the Cities of Eden Prairie, Chanhassen and Chaska, all being municipal corporations organized under the laws of the State of Minnesota, pursuant to the authority conferred upon the parties by Minnesota Statutes § 473.384, § 473.388, and/or § 471.59. NOW THEREFORE, BE IT RESOLVED, in consideration of the mutual covenants and agreements contained herein, it is hereby agreed by and between the Cities of Eden Prairie, Chanhassen and Chaska, through their respective City Councils, that the Second Restated Joint Powers Agreement Establishing a Southwest Metro Transit Commission (formerly Southwest Area Transit Commission) is amended as follows: 1. subparagraph 5 b) shall read: 5 b) There shall be four classes of commissioners. The term of each commissioner in Class 1 shall expire on December 31, 1987, and every three years thereafter. The term of the each commissioner in Class 2 shall expire on December 31, 1988, and every three years thereafter. The term of each commissioner in Class 3 shall expire on December 31, 1989, and every three years thereafter. The six original commissioners shall be appointed to Classes 1 through 3 by draw, provided that no two commissioners appointed by a party shall be members of the same class. At all times two commissioners shall be assigned to Class 1, two commissioners shall be assigned to Class 2, and two commissioners shall be assigned to Class 3. A seventh commissioner shall be assigned to Class 4 beginning January 1, 1988. As of January 1, 2000 the Class 4 commissioner shall be appointed by the Board of Commissioners. Thereafter the term of the Class 4 commissioner shall expire on December 31, 2003, and every three years thereafter. No Class 4 commissioner shall serve more than two consecutive terms. The successor of each of the commissioners shall be appointed to the same class as the successor's predecessor. One commissioner appointed by each party must include a City Council member, inclusive of the Mayor, currently serving in office. A commissioner who is a council member of a party shall cease to be a commissioner, even if the term for which the commissioner was appointed has not expired, if (a) the commissioner ceases to be a member of the Council of the appointing party, and(b) no other council member of the appointing party is then a Class 1, 2 or 3 commissioner. In such event, a council member of the appointing party shall be appointed by the appointing party to serve the remainder of the term created by the vacancy. 2. subparagraph 3 d),which is the definition of"Regional Transit Board"is deleted. 3. subparagraph 5 a) shall read: 5 a) The governing body of the Commission shall be its Board which will consist of seven commissioners. Each party shall appoint two commissioners ("original commissioners") and a seventh commissioner will be appointed by the parties on a rotating basis as described below. Class 1, 2, and 3 commissioners must reside in the City they are appointed to represent. The Class 4 Commissioner shall reside or maintain a principal place of business in one of the Cities which is a Party to this Agreement. 4. subparagraph 6 i) shall read: 6 i) The Commission shall provide any party with data and information requested by the party in accordance with law. The Commission shall, in the development of the program and implementation thereof, prepare such reports, either financial or management, as required by the Metropolitan Council or other governmental units. 5. subparagraph 6 j) shall read: 6 j) The Commission shall cause to be made an annual audit of the books and accounts of the Commission and shall make and file the report to its Members at least once each year, which report shall contain such information as good accounting practices require and such further information as required by the the Metropolitan Council or other governmental units. IN WITNESS WHEREOF, the undersigned Governmental Units, by action of their governing bodies, have caused this First Amendment Second Restated Joint Powers Agreement Establishing a Southwest Metro Transit Commission (Formerly Southwest Area Transit Commission)to be executed in accordance with the authority of Minnesota Statutes § 471.59. CITY OF EDEN PRAIRIE Approved by the Mayor By and City Manager of the Its Mayor City of Eden Prairie this day of , 2000 By Its City Manager CITY OF CHANHASSEN Approved by the Mayor By and City Manager of the Its Mayor City of Chanhassen this day of , 2000 By Its City Manager CITY OF CHASKA Approved by the Mayor By and City Administrator of the Its Mayor City of Chaska this day of , 2000 By Its Administrator 03/03/00 FRI 15:19 FAI 6123496718 FAX LC7000 -- — Oos FIRST AMENDMENT TO THE SECOND RESTATED JOINT POWERS AGREEMENT ESTABLISHING A SOUTHWEST METRO TRANSIT COMMISSION (FORMERLY SOUTHWEST AREA TRANSIT COMMISSION) THIS FIRST AMENDMENT to the Second Restated Joint Powers Agreement Establishing a Southwest Metro Transit Commission(Formerly Southwest Area Transit Commission)is made and entered into this d.ty of , 2000, by and between the Cities of Eden Prairie, Chanhassen and Chaska, all being municii.:al corporations organized under the laws of the State of Minnesota,pursuant to the authority conferred upon the parties by Minnesota Statutes §473.384, § 475.388, and/or§ 471.59. NOW THEREFORE, BE IT RESOLVED, in consideration of the mutual covenants and agreemeats contained herein,it is hereby agreed by and between the Cities ofEden Prairie,Chanhassen and Chaska,through tl eir respective City Councils,that the Second Restated Joint Powers Agreement Establishing a Southwest Metro Tra>;sit Commission(formerly Southwest Area Transit Commission)is amended as follows: 1. subparagraph 5 b) shall read: 5 b) There shall befoul.classes ofcommissioners.The term of each commissioner in Class 1 shall expire on December 31, 1987, and every three years thereafter. The term of the each commissioner in Class 2 shall expire on December 31, 1988, and every three years thereafter. The term of each commissioner in Class 3 shall expire on December 31,1989,and every three years thereafter.The six original commissioners shall be appointed to Classes 1 through 3 by draw,provided that no two commissioners appointed by a party shall be members of the same class.At all times two commissioners shall be assigned to Class 1,two commissioners shall be assigned to Class 2, and two commissioners shall be assigned to Class 3.A seventh commissioner shall be assigned to Class 4 beginning January I,1988.As ofJanuary 1,2010 the C1asi4 commissioner shall be appointed bvthe Board of CommissionerS. Thereafter theterm othe Class 4 commissi ner shall expire on Decejgber 31,2003,and every three years 4 commissioner shall serve more than two conseative terms. The successor of each of the commissioners shall be appointed to the same class as the successor's predecessor.One commissioner appointed by each party must include a City Council member, inclusive of the Mayor, currently serving in office. A commissioner who is a council member of a party shall cease to be a commissioner,even if the term for which the commissioner was appointed has not expired, if(a) the commissioner ceases to be a member of the Council of the appointing party, and (b)no other council member of the 03/03/00 FRI 15.20 FAl 612349(1718 FAX LC7000 • WI006 appointing party is then a Class 1,2 or 3 commissioner. In such event, a council member ofthe appointing party shall be appointedby the appointing party to serve the remainder of the term created by the vacancy. 2. subparagraph 3 d),which is the definition of"Regional Transit Board"is deleted. 3.subparagraph 5 a)shall read: 5 a) The governing body of the Commission shall be its Board which will consist of seven commissioners. Each party shall appoint two commissioners ("original commissioners")and a seventh commissionerwill be appointedby the parties on a rotating basis as described below. Class 1, 2, and 3 commissioners must reside in the City they are appointed to represent.The The Class 4 Commissioner shall reside or maintain a principal place of business in one of the Cities which is a Party to this Agreement_ 4. subparagraph 6 i)shall read: 6 i) The Commission shall provide any party with data and information requested by the party in accordance with law. The Commission shall, in the development of the program and implementation thereof, prepare'such reports, either financial or management,as required by thr egionaITransit hoard,the Metropolitan Council or other governmental units. 5. subparagraph 6 j)shall read: 6 j) The Commission shall cause to be made an annual audit of the books and accounts ofthe Commission and shall make and file the report to its Members •at least once each year,which report shall contain such information as good accounting practices require and such further information as required by the the Metropolitan Council or other governmental units. IN WITNESS WHEREOF,the undersigned Governmental Units,by action of their governing bodies,have caused this First Amendment Second Restated Joint Powers Agreement Establishing a Southwest Metro Transit Commission (Formerly Southwest Area Transit Commission) to be executed in accordance with the authority of Minnesota Statutes § 471.59. • 03/03/00 FRI 15:20 FAX 6123496718 FAX LC7000 0007• • CITY OF EDEN PRAIRIE Approved by the Mayor By and City Manager of the Its Mayor City of Eden Prairie this day of ,2000 By _ Its City Manager CITY OF CHANHASSEN Approved by the Mayor By, and City Manager of the Its Mayor City of Chanhassen this day of ,2000 By_ Its City Manager CITY OF CHASKA Approved by the Mayor By and City Administrator of the Its Mayor City of Chaska • this day of ,2000 By Its Administrator sM'rGyointpowast1stAmend.030300.mac&ed wcy CITY COUNCIL AGENDA DATE: 03/21/00 SECTION: Public Hearings SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R.Uram Eaton Corporation PUD VI[ Ai Krista Flemming Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for PUD Concept Amendment on 25.37 acres; and • Approve 1st Reading of the Ordinance for a PUD District Review with waivers and for Zoning District Amendment within the 1-5 zoning district on 25.37 acres; and s Direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations (and Council conditions). . Synopsis The Eaton site is currently zoned I-5 with a PUD waiver for 60% office use. Industrial zoning districts have a 50% maximum allowable office use. Eaton is requesting a PUD waiver to increase the amount of office from 60%to 90%. In order to meet the parking requirements for an increased office use, 103 additional spaces are required. Eaton requires only 26 spaces, leaving 77 spaces as proof of parking. A setback waiver from 10' to 0' is requested along the north property line to accommodate future development of proof of parking spaces, if necessary. Eaton Corporation owns both Outlot A and Lot 1,Block 1 of the Cooperative Power Addition. Similar waivers have been granted to increase office percentages in other industrial structures within the area(ADC Telecommunications) that meet architecture and landscaping requirements for an office zoning district. The project is located at 14165 Lone Oak Road. The Community Planning Board voted 6-0 to recommend approval of the project to the City Council at the January 24, 2000,meeting. Background Eaton is proposing a private driveway connection from this site to its existing campus adjacent to the west. This provides Eaton with a second access to the site, a connection to a signalized intersection at Mitchell Road and Technology Drive (a signal at Lone Oak Drive is highly unlikely), better access to the frontage road system associated with Highways 4 and 212, and a connection between Eaton sites. The uses within the surrounding 1000 foot area of the Planned Unit Development are existing office and industrial land uses such as the City Hall, MTS Corporation, ADC Telecommunications, the Water Treatment Facility, Old Police Station Facility, and the existing Eaton Corporation facility. As part of the City's Transportation Plan, the City intends to make intersection improvements at Mitchell Road and Technology Drive. The City requests a 15' permanent easement adjacent to Mitchell Road and Technology Drive, and temporary construction easements that may extend up to 25' for future intersection expansion. Eaton has agreed to provide easements to the City. An agreement for permanent easements will be attached as an exhibit within the Developer's Agreement. Temporary easements will be negotiated at the future construction date(unknown at this time). Eaton has agreed to a conservation easement over the wetland and 25 foot wetland buffer strip. Eaton has submitted an acceptable TDM plan. Attachments 1. Resolution for PUD Concept Amendment 2. Staff Report dated September 24, 1999 3. Community Planning Board Minutes dated January 24, 2000 4. Letter of Intent to provide Intersection Improvement Easements EATON CORPORATION PUD CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT AMENDMENT OF EATON CORPORATION PUD FOR EATON CORPORATION WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD) Concept Amendment of certain areas located within the City; and, WHEREAS,the City Community Planning Board did conduct a public hearing on Eaton Corporation PUD Concept Amendment by Eaton Corporation, and considered their request for approval for development and recommended approval of the requests to the City Council; and, WHEREAS,the City Council did consider the request on March 21,2000; NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Eaton Corporation 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 Amendment approval as outlined in the plans dated February 25, 2000. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated January 24, 2000. ADOPTED by the City Council of the City of Eden Prairie this 21st day of March, 2000. Jean Harris,Mayor ATTEST: Kathleen A. Porta, City Clerk Exhibit A Eaton Corporation Legal Description: Outlot A, Cooperative Power Addition And Lot 1, Block 1, Cooperative Power Addition STAFF REPORT TO: Community Planning Board FROM: Krista R.Flemming,Planner I DATE: January 21, 2000 SUBJECT: Eaton Corporation PUD(Cooperative Power Building Site) APPLICANT/ OWNER: Eaton Corporation LOCATION: 14615 Lone Oak Road REQUEST: 1. Planned Unit Development Concept Amendment on 25.37 acres 2. Planned Unit Development District Review with waivers on 25.37 acres 3. Zoning District Amendment within the I-5 Zoning District on 25.37 acres 4. 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TON • to.aoaroaw<o.acc7m a.Vr N7rt corn. . •t9i 7� ,,3 c. ,C+ ' u . 1 P C Q U O LI V • to.sca s. a OWC sct r 7i' ro CIa1Kart Cp•CCM1P. a Y 1 h • 4 Ct <nt OrCome.). Y ; '1 • + ! (Si S ti1. � . r. r. wri c • bT TawCEwT- .... .... •xra, 0. _ . • • rYcp n. v r r 1-, U V D `! � .1 U 0 Lf-`,3 t S• o w 5' '))I).'•sst • • �F,S, \\..) .2 LONE OAK RD • '4pO l (Oljs� A•A. • 7 f l- • 9 • 1 • I aDD � • I i y y.. OR ---- �-s rOOr Ili PLAT ro 2745- TECNNOt000C ro .Au a-c- r7si -io .. so _ - w 01 +Mao x }. s 9 t4) u . 7 „w.tia+*c taia • C...) I* • 6) i LRYS SE CONS? A®®N k' R) at..Y'A7Yt J r'^ ax .. aoo 121 3 so — — . • c5) - x y17 .. --oa b 4n7115- _ t^ oa<n wfi•S02S£ RD oC0 V•7t so _ SCENIC on.sic jCHj1^ S0, waa`So25ta^ V iJ1 5 i" Ht!*'i WTCHILL _ FCIC0T�)• 110) si.r CU . a„s. 4,ki a�t67 x 60 t)2) a 1 ti f • (A) - IA) - - 120) t�l • cr, '` "a ,a 'HEIGHTS 3 y 2578.09 RES / y4 �— CJ ,P� Staff Renort—Eaton Cornoration PUD January 21,2000 BACKGROUND The site guided Industrial with an I-5 zoning classification. The surrounding area consists of various office and industrial land uses such as the City Hall,MTS Corporation,future ADC Telecommunications, and a separate Eaton Corporation facility. The existing building was approved as part of a 1979 Planned Unit Development for Cooperative Power. PLANNED UNIT DEVELOPMENT AND SITE PLAN The original project was approved with an office percentage waiver within an industrial zoning district from 50% to 60%. The project request is to increase the current PUD waiver from 60% to 90% office within the I-5 zoning district. Similar waivers were granted to increase office percentages in other industrial structures within the area that meet architecture requirements for an office zoning district. This project will preserve a large portion of land with significant trees as open space that could be developed. A three-story, 98,053 sq. ft. building is currently located on the site. No structural changes are proposed to the building exterior; therefore, it meets setbacks. The base area ratio is 5% (Code allows 30%) and floor area ratio is 13% (Code allows 50%). Exterior materials meet the 75% brick, natural stone, or glass,required in office districts. In order to meet the parking requirements for an office use, 103 additional spaces are required. Eaton's needs require 26 spaces, leaving 77 spaces as proof of parking. The parking proposed for immediate surfacing meets setback requirements. A parking setback waiver from 10' to 0' is requested along the north property line to accommodate for the future development of proof of parking spaces (if necessary). Eaton Corporation owns both Outlot A and Lot 1,Block 1 of the Cooperative Power Addition. GRADING Two significant trees are located within the proof of parking area. There are an estimated 959 diameter inches onsite. If the proof of parking is constructed,tree replacement would be 1 caliper inch. The entire east half of the site will to be preserved. UTILITIES Sanitary sewer and water is already connected through Mitchell Road. Additional storm water will be accommodated by the existing system. TRAFFIC The traffic analysis indicates 175 total AM peak hour trips and 173 total PM peak hour trips assuming a full occupancy. This generates an addition of 39 AM and 36 PM trips more at peak traffic time. The increased office occupancy increases the total daily trip count by 450 trips. This trip generation is still significantly lower than the site's potential development capacity. Eaton submitted an acceptable Traffic Demand Management Plan. Due to the mobility of employees and shift work, not all employees will be onsite at one time. Eaton has two other facilities in this area that currently use components of the proposed TDM plan. Mitchell Road is a major collector road and has adequate capacity to handle this additional trip generation. Staff Report—Eaton Corporation PUD January 21,2000 As part of the City's Transportation Plan,the City intends to make intersection improvements at Mitchell Road and Technology Drive. The City requests a 15' permanent easement adjacent to Mitchell Road and Technology Drive, and temporary construction easements that may extend up to 25' for future intersection expansion. A letter of intent to provide these easements to the City should be submitted prior to City Council review. An agreement for permanent easements will be attached as an exhibit within the Developer's Agreement. Temporary easements will be negotiated at the future construction date (unknown at this time). Eaton is also considering a driveway connection between sites not currently depicted on the detailed plans. Should they choose to include this with their detailed review, staff would look favorably on the connection for the following opportunities it provides: • A second access to the site; • Access to a signalized intersection at Mitchell Road and Technology Drive (a signal at Lone Oak Drive is highly unlikely); • Better access to the frontage road system associated with Highways 4 and 212; and • A connection between both Eaton sites. WETLANDS On January 18, 2000,the City Council approved a new wetland ordinance. There is a wetland onsite,but no alterations are proposed near the wetland or the wetland buffer strip. As part of our ordinance, the Developer will have to place an easement over the wetland and its buffer strip of 25 feet. STAFF RECOMMENDATIONS Staff recommends approval of: • Planned Unit Development Concept Amendment on 25.37 acres • Planned Unit Development District Review with waivers on 25.37 acres • Zoning District Amendment within the I-5 Zoning District on 25.37 acres • Site Plan Review on 25.37 acres This is based on plans dated January 7,2000,recommendations of this staff report, and the following: 1. Prior to City Council meeting,proponent shall: A. Indicate a conservation easement over the wetland and wetland buffer strip. B. Resolve second driveway connection issue. C. Submit a letter of intent to provide the City with permanent and temporary easements along Mitchell Road and Technology Drive for intersection improvements. 2. Prior to grading permit issuance,the proponent shall: A. Install erosion control and tree protection fencing at the grading limits of the property for review and approval by the City Engineer and City Forester. B. Record a conservation easement over the wetland area and wetland buffer strip. 2. Prior to building permit issuance,the proponent shall: A. Meet with the Fire Marshal to go over fire code requirements. B. Submit a bond/letter of credit for the Traffic Demand Management Plan to address the reduction in traffic in the City. COMMUNITY PLANNING BOARD MINUTES PAGE 8 JANUARY 24,2000 Cofer asked the height above sea level for the proposed apartment building and that of the Real Life Cooperative. Franzen indicated the Real Life Cooperative property was 870 ft. above sea level and the apartment building would be approximately 50- 60 ft. higher. Foote asked if signalization would be required at Valley View Road and Smetana Lane. Gray indicated the traffic analysis indicated the level of development would not require signalization. An area of concern would be cross-access between sites. Most of the employee base would prefer to use the Golden Triangle area. Some, however, may prefer to use the proposed site. If cross-access was a problem, as a residential use this could be controlled via access cards. Signalization could be necessary in the future. Foote asked if residents of the apartment complex would exit out Smetana onto Valley View Road. Gray indicated replacing office with some residential would help traffic. Exiting in the evening hours would not be a problem with residential since in-bound traffic would be the primary traffic generator. The more residential in the Golden Triangle area the better the traffic flow would be. Clinton indicated support of the guide use plan changes and in favor of going forward with the plan with the concerns and issued being addressed. Jellison indicated the applicant did not have final plans developed for the entire project. Staff had asked that a residential component be included in the overall plan. He developed a conceptual plan, which included a residential component. Asked that the•Board approve the conceptual plan with the understanding that the final plans for the residential portion would have to be approved. A general discussion ensued among the Board with each member voicing concern with respect to the height of the apartment building. The applicant was asked to provide a pictorial view of the property in relationship to the overall lake area and if there was any opposition to a two week continuance to address the issues and concerns raised. Jellison indicated the pictorial could be provided and there was no opposition to the continuance. MOTION: Clinton moved, seconded by Corneille, to continue the public hearing until the February 14,2000 meeting of the Community Planning Board. Motion carried 6-0. Franzen indicated the City Council had a legal requirement to act upon any application within 120 days and asked if the applicant would agree to an extension of that period to May 18, 2000. Jellison indicated the applicant would agree to the extension. C. EATON CORPORATION PUD by Eaton Corporation. Request for Planned Unit Development Concept Amendment on 25.37 acres, Planned Unit Development District Review with waivers on 25.37 acres, Zoning District Amendment within the I-5 Zoning District, and Site Plan Review on 25.37 acres. Location: 14165 Lone Oak Road. John Machio, architect for the project, presented a brief overview of the project. The existing structure would be utilized as a corporate headquarters for Eaton's hydraulic division. This would require upgrading and remodeling the interior of the building into office space and the addition of more parking spaces. 9 COMMUNITY PLANNING BOARD MINUTES PAGE 9 JANUARY 24,2000 Staff recommended approval of the project. Cofer asked if the connection between the project site and existing Eaton sites was part of the proposal. Machio responded that a connection between the sites was being considered but was not part of the current proposal. Foote asked if an acceptable traffic demand management plan had been submitted. Bill Lange, Eaton Corporation, indicated the company encouraged carpooling at its other sites, which had some success. MOTION: Corneille moved, seconded by Clinton, to close the public hearing. Motion carried 6-0. MOTION: Corneille moved, seconded by Clinton, to recommend to the City Council approval of the request of Eaton Corporation, for Planned Unit Development Concept Amendment on 25.37 acres, Planned Unit Development District Review with waivers on 25.37 acres, Zoning District Amendment within the I-5 Zoning District, and Site Plan Review on 25.37 acres, based on plans dated November 4, 1999, and subject to the recommendations of the Staff Report dated January 21, 2000. Motion carried 6-0. VI. PUBLIC MEETING VII. MEMBERS' REPORTS VIII.CONTINUING BUSINESS IX. NEW BUSINESS X. PLANNERS' REPORTS XI. ADJOURNMENT MOTION: Clinton moved, seconded by Koenig, to adjourn the meeting. Motion carried 6-0. The meeting was adjourned at 11:40 p.m. la _ _ tL.. Eaton Corporation Eaton Center Cleveland,OH 44114-2584 216/523-5000 FAX: 216/523-4787 ET•N February 15,2000 Community Development Department 8080 Mitchell Road Eden Prairie,MN 55344 Attention: Krista Flemming RE: Letter of Intent for Public Easements To: Krista Flemming Eaton is aware of proposed intersection improvements at Mitchell Road and Technology Drive. In accordance with Eaton's current site plan review, we agree to work with the city to provide permanent and temporary easements along these roadways.The present request is for a 15' wide permanent easement from the intersection to Lone Oak Road and.to our western property line along Technology Drive as well as temporary construction easements beyond this area. It is our understanding that the preliminary intersection layout and design for the Technology drive and Mitchell Road intersection is currently underway and the final easement documents will reflect the easement needs identified by this intersection layout plan prior to the developer's agreement. 'ncerely, rac: John F. Muccio Eaton Cc: B. Lang D. Mitchell 11 CITY COUNCIL AGENDA DATE: 3/21/00 SECTION: Public Hearing SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R. Uram Liberty Place SST , Mike Franzen/Krista Flemming Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Comprehensive Guide Plan Change from Industrial/High Density Residential to Office on 3.9 acres, and from Low Density Residential to High Density Residential on 2.58 acres; and • Adopt the Resolution for PUD Concept Review on 55.08 acres; and • Approve 1st Reading of the Ordinance for PUD District Review with waivers on 16.88 acres and Zoning Change from RM-2.5 to I-2 on 5.57 acres; RM-2.5 to Office on 7.12 acres and I- 2 to Office on .41 acres and Zoning Amendment within the I-2 Zoning District on 3.78 acres; and • Adopt the Resolution for Preliminary Plat on 55.08 acres into 3 lots, 3 outlots and city right- of-way; and • Adopt the Resolution for the EAW ; and • Direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations (and Council conditions; and • Direct staff to issue an early land alteration permit and footings and foundation permit to Liberty Property Trust to proceed with construction at their own risk. Synopsis This project includes a one-story, 93,006 sq. ft. office-showroom building, a three-story, 81,900 sq. ft. office/warehouse building, a concept plan for a three-story senior cooperative apartment building with 50 units; and 35 acres of open space/right-of-way. The site is located at Smetana Lane and Valley View Road. The project requires a comprehensive guide plan change to high density residential west of the creek and a change to office east of the creek. The project requires shoreland waivers for building height and impervious surface. This first plan reviewed at the January 24, 2000, Community Planning Board meeting included a 9 story, 172 unit apartment building west of the creek next to Realife Cooperative. The Board continued the project to the February 14, 2000, meeting with direction to provide a visual analysis of the apartment building and revise the plans to reduce grading in the floodplain and shore impact zones. At the February 14, 2000, meeting, Liberty withdrew the request for the 9 story apartment building and proposed a 3-4 story, 50-60 unit second phase of Realife Cooperative. The Community Planning Board voted 7-0 to recommend approval of the project to the City Council with the condition that a concept site plan be presented for review by the City Council for the 3-4 story, 50-60 unit second phase of Realife Cooperative. Background Information: The staff supports the Realife concept plan dated March 9, 2000. All of the technical revisions of the planning staff reports have been completed. Fill in the flood plain and shore impact zone is limited to public improvements associated with the construction of Smetana Lane. The project requires the following waivers that are reasonable and consistent with other projects adjacent to Lake Smetana: Lot 1 (Industrial) Shoreland Code Waiver: • Percent of impervious surface from 30%to 71% Zoning Code Waiver: • Minimum side yard parking setback from 10 feet to 0 feet Lot 2 (Office) Shoreland Code Waivers: • Building height from 35 feet to 54 feet • Percent of impervious surface from 30%to 50% • Minimum lot size from 10 acres to 6.60 acres Zoning Code Waiver: • Minimum side yard parking setback from 10 feet to 0 feet Outlot B (Existing Parking) Shoreland Code Waiver: • Percent of impervious surface from 30%to 90% Zoning Code Waivers: • Minimum side yard parking setback from 10 feet to 0 feet • Offsite Parking • Minimum front yard parking setback from 50 feet to 35 feet • Lot Size from a 2 acre minimum within the I-2 Zoning District to 1.06 acres Due to the decrease in the number of housing units from the original proposal from 247 units to 50 units, the project no longer exceeds the thresholds that require an EAW. The appropriate action is to adopt the resolution finding no significant impact on the site. The Developer submitted an acceptable TDM plan attached with the packet. Due to the construction schedule of Breathrite,the tenant for Building A, Liberty is requesting an early land alteration permit and footings and foundation permit. Attachments 1. Resolution for Guide Plan Change 2. Resolution for PUD Concept Review 3. Resolution for Preliminary Plat 4. Resolution for EAW 5. Staff Reports dated January 21, 2000, and February 11, 2000 6. Community Planning Board Minutes dated January 24, 2000, and February 14, 2000 7. Letter requesting early land alteration permit and footings and foundation permit 3 LIBERTY PLACE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2000- 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 Liberty Place by Liberty Property Limited Partnership for a one-story office building at 93,006 sq. ft.; a three-story office/ warehouse building at 81,900 sq. ft., a concept plan for a three-story apartment building with 50 units; and 35 acres of open space/right-of-way. 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: Industrial/High Density Residential to Office on 3.9 acres, and from Low Density Residential to High Density Residential on 2.58 acres located at Smetana Lane and Valley View Road. ADOPTED by the City Council of the City of Eden Prairie this 21st day of March, 2000. Jean L. Harris, Mayor ATTEST: Kathleen A.Porta, City Clerk LIBERTY PLACE CITY OF EDEN PRAIRIE HF,NNEPIN COUNTY,NIINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF LIBERTY PLACE PUD FOR LIBERTY PROPERTY LIMITED PARTNERSHIP 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 City Community Planning Board did conduct a public hearing on Liberty Place PUD Concept by Liberty Property Limited Partnership, and considered their request for approval for development and recommended approval of the requests to the City Council; and, WHEREAS,the City Council did consider the request on March 21, 2000; NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Liberty Place 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 March 9,2000. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated February 14, 2000. ADOPTED by the City Council of the City of Eden Prairie this 21st day of March, 2000. Jean Harris,Mayor ATTEST: Kathleen A. Porta, City Clerk 5 EXIIMIT A Liberty Place Legal Description: The Southeast Quarter or the Southwest Quarter of Section 12, Township 116, Range 22, Henennep8in County,Minnesota,ESCEPTING therefrom GOLDEN STRIP EAST, SMETANA'S CREEKSIDE ADDITIONS and REALIFE VALLEY VEIW COOPERATIVE OF EDEN PRAIAIRE ADDITION, all according to the recorded plats thereof, said Hennepin County, Minnesota. TOGETHER WITH: Lot 1, Block 1, SMEATNA'S CREEKSIDE ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota. TOGETHER WITH: That part of the Northeast Quarter of the Southwest Quarter lying easterly and southeasterly of the centerline of County Road 39 (Valley View Road) and its northeasterly extension as recorded on the plat of WILSON RIDGE, according to the recorded plat thereof, Hennepin County, Minnesota, EXCEPTING therefrom REALIFE VALLEY VIEW COOPERATIVE OF EDEN PRAIRIE ADDITION,TECHNOLOGY PARK 7TH ADDITION and TECHNOLOGY PARK 8TH ADDITION, according to the recorded plats thereof, said Hennepin County,Minnesota. TOGETHER WITH: Outlot C,TECHNOLOGY PARK 8TH ADDITION,according to the recorded plat thereof,Hennepin County,Minnesota. STAFF REPORT TO: Community Planning Board FROM: Michael D.Franzen,City Planner Krista R.Flemming,Planner I DATE: February 11,2000 SUBJECT: Liberty Place APPLICANT/ FEE OWNER: Liberty Property Limited Partnership LOCATION: Valley View Road and Smetana Lane REQUEST: 1. Comprehensive Guide Plan Change from Industrial/High Density Residential to Office on 3.9 acres and from Low Density Residential to High Density • Residential on 2.58 acres 2. Planned Unit Development Concept Review on 55.08 acres 3. Planned Unit Development District Review with waivers on 16.88 acres 4. Zoning District Change from RM-2.5 to I-2 on 5.57 acres; from RM-2.5 to Office on 7.12 acres; and from I-2 to Office on.41 acres. 5. Zoning District Amendment within the I-2 Zoning District on 3.78 acres 6. Site Plan Review on 16.88 acres 7. Preliminary Plat on 55.08 acres into 3 lots, 3 outlots, and City right-of-way 8. EAW Review LIBERTY PLACE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2000- A RESOLUTION FINDING THE ENVIRONMENTAL ASSESSMENT WORKSHEET FOR LIBERTY PLACE,A PRIVATE ACTION,DOES NOT REQUIRE AN ENVIRONMENTAL IMPACT STATEMENT WHEREAS, the City Council of Eden Prairie did hold a hearing on March 21, 2000, to consider Liberty Property Limited Partnership proposal of Liberty Place; and WHEREAS, said development is located on 55.08 acres of land located at Smetana Lane and Valley View Road; and WHEREAS,the Eden Prairie Planning Board did hold a public hearing on Liberty Place, and did recommend approval of the Environmental Assessment Worksheet finding the project of no significant impact; and WHEREAS, the City Council of Eden Prairie reviewed the Record of Decision for the Liberty Place on March 21, 2000; NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota,that an Environmental Impact Statement is not necessary for the Liberty Place proposal, because the project is not a major action, does not have significant environmental effects, and is not of more than local significance. ADOPTED by the City Council of the City of Eden Prairie this 21st day of March,2000. Jean L. Harris,Mayor ATTEST: Kathleen A.Porta, City Clerk 7 LIBERTY PLACE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2000- RESOLUTION APPROVING THE PRELIMINARY PLAT OF LIBERTY PLACE LIBERTY PROPERTY LIMITED PARTNERSHIP BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Liberty Place for Liberty Property Limited Partnership, dated March 9, 2000, consisting of 55.08 acres into 3 lots, 3 outlots and city right-of-way, 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 21st day of March, 2000. Jean L. Harris,Mayor ATTEST: Kathleen A. Porta, City Clerk .. . •:r) •-.. •-. 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COLDER. ...• VYrYa STR • I _ yr- • i�s° —_ _— `r ' ,i aa\:r 3 ' • r, 1 • 26s7 7g 7E5 — +� l D of••i3••' •*• } Staff Report—Liberty Place February 11,2000 BACKGROUND At the January 24, 2000, Community Planning Board meeting, the Board continued the project directing the Developer to provide further analysis of visual impacts created by a nine story apartment building adjacent to the Realife Cooperative and Lake Smetana. The Developer was also directed to make technical revisions to the plans as recommended in the January 11,2000 staff report. VISUAL ANALYSIS The visual impact of a nine story building must be analyzed since the building is in a shoreland area and a. ' height waiver is requested. The attached basin analysis of the shoreland area of Lake Smetana indicates building heights from 18 feet to 140 feet. Wilson Learning is at the highest elevation at 1016. The Tech buildings are the lowest at 866. The buildings on the south side of the lake have setbacks between 75 and 100 feet back from the lake. The apartment building is 150 feet from the lake. The buildings on the south side of the basin were placed closer to the lake as part of a PUD waiver to preserve a 13-acre wooded hill. The hill and trees adjacent to the lake soften the proposed apaitnient building's impact on the lake. The lowest 3 floors would not be visible during summer leaf-on conditions. The visual impact is reduced to a six story building. Lake Smetana Project Elevation Analysis Project Height Stories First Floor . F.F.E.plus Elevation(F.F.E.) Building Height Wilson Learning Tower 115' 10 901 1016 • KMSP—Tower 120' - 877 997 Lifetouch Phase III(Concept) 120' 8 871 991 Liberty Place Residential 108' 9 864 972 Southwest Crossing 11095 74' 5 880 954 Southwest Crossing 10400 80' 5 853 933 Liberty Place Office 54' 3 869.5 923.5 Realife Cooperative 48' 4 870 918 Lifetouch 45' 4 871 ' 916 Phase II(Concept Approval) 77' 5 871 948 Tech VIII 30' 2 864 • 894 Liberty Place Industrial 29' 1 862.5 891.5 Tech VII 18' 1 858 866 REVISIONS IMPACTING THE SHORE IMPACT ZONE,FLOODPLAIN,AND WETLANDS The impacts on the shore impact zone and the floodplain have been reduced: Only the construction of public improvements will have an impact. Smetana Lane currently exists in the shore impact zone and floodplain. Fill will raise the road above the floodplain. The existing stormwater treament pond adjacent to Valley View Road and Smetana Lane currently serves Realife Cooperative and will be expanded to serve the residential component, Smetana Lane and as a portion of drainage from Building A. The treatment pond adjacent to Lake Smetana is necessary to treat if it Staff Report—Liberty Place February 11,2000 runoff from Smetana Lane and the boat access area. The City has granted previous approvals to projects with NURP ponds located in the shore impact zone. Drainage for portion of Building A and all of Building B will be stored in a drainage pond on the north side of Smetana Lane. Based on the proximity of the parking lot and street,guardrail and fencing will be necessary for safety considerations. The landscape plan shows plantings in the shore impact zone to soften the view of the road from the lake. Construction of the stormwater detention pond along Valley View Road will require .35 acres of wetland fill amongst the 26 acres of wetlands on the site. Onsite wetland mitigation of.41 acres is proposed. LANDSCAPING AND BUFFERS/SCREENING The City Code requires a buffer or screening of parking lots and structures from public roadways, shoreland areas, and dissimilar adjacent uses. Additional landscaping is necessary to provide adequate screening. A graphic is attached shows the following required placement of additional landscaping. Landscaping must be lowland plantings and shrubs typically found in a shoreland area. • All proposed parking located along the north side of the NURP pond associated with Building B (office)should be relocated and plantings added to screen the parking lot area. • All of the landscaping proposed for the northeast side of Smetana Lane should be planted at the time of road construction. • Any proposed plantings within 50' of the trail shown on Outlot C should be planted when construction occurs for the office and industrial buildings. • The first row of parking for Building A(industrial)adjacent to the shoreland area should be removed and converted into green space for shrubs and tree plantings. Additional plantings are needed between parking and the shoreland area on the north side of the site. STAFF RECOMMENDATION Alternative One If the Community Planning Board believes compelling reasons have been provided to justify the change in the comprehensive guide plan and waivers from the City Code, then one option would be to recommend approval of: • Comprehensive Guide Plan Change from Industrial/High Density Residential to Office on 3.9 acres and from Low Density Residential to High Density Residential on 2.58 acres; • Planned Unit Development Concept Review on 55.08 acres; • Planned Unit Development District Review with waivers on 16.88 acres; • Zoning District Change from RM-2.5 to I-2 on 5.57 acres; from RM-2.5 to Office on 7.12 acres; and • I-2 to Office on.41 acres; • Zoning District Amendment within the I-2 Zoning District on 3.78 acres; • Site Plan Review on 16.88 acres; • Preliminary Plat on 55.08 acres into 3 lots, 3 outlots,and city right-of-way; and • EAW Review. This would be based on plans dated February 4,2000,this staff report,and the following conditions: ��a Staff Report—Liberty Place February 11,2000 1. Prior to City Council review,proponent shall: A. Revise the preliminary plat to establish a common point of connection, or shared plat corner,with the plat west of Outlot C. B. Remove monument signage from proposed right-of-way. C. Relocate all proposed parking located along the north side of the NURP pond associated with Building B and plantings added to screen the parking lot. D. Show all of the landscaping proposed for the northeast side of Smetana Lane to be planted at the time of road construction. E. Show all proposed plantings within 50' of the trail on Outlot C as being planted when construction occurs for the office and industrial buildings. F. Remove the first row of parking associated with Building A and adjacent to the shoreland area and convert it of green space with shrubs and tree plantings. The retaining wall be removed from the 25'wetland buffer strip and parking setback 15' from the buffer strip. G. Incorporate a 3:1 boulevard slope along the north side of Smetana Lane. . H. Submit a traffic demand management plan. • 2. Prior to Final Plat approval,the proponent shall: • A. Vacate Smetana Lane. • • 3. Prior to grading permit issuance,the proponent shall: A. Install erosion control and tree protection fencing at the grading limits of the property for review and approval by the City Engineer and City Forester. B. Submit to the City Engineer, recorded copies of the conservation easement documents, cross access and maintenance agreement documents,and public use easement documents. C. Dedicate 33.23 acres to the City. • 1. Prior to building permit issuance,the proponent shall: A. Review the building plans with the Fire Marshal,including details regarding fire access to the site. 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. E. Submit a traffic demand management plan bond. 5. The following waivers are granted as part of the PUD: • Lot 1(Industrial) Shoreland Code Waivers: • • Percent of impervious surface from 30%to 71% • Zoning Code Waiver: • Minimum side yard parking setback from 10 feet to 0 feet • Lot 2(Office) Shoreland Code Waivers: • Building height from 35 feet to 54 feet • Percent of impervious surface from 30%to 50% • t� i3 Staff Report—Liberty Place February 11,2000 • Percent of impervious surface from 30%to 50% • Minimum lot size from 10 acres to 6.60 acres Zoning Code Waiver: • Minimum side yard parking setback from 10 feet to 0 feet Outlot B(Existing Parking) Shoreland Code Waiver: • Percent of impervious surface from 30%to 90% Zoning Code Waivers: • Minimum side yard parking setback from 10 feet to 0 feet • Offsite Parking • Minimum front yard parking setback from 50 feet to 35 feet • Lot Size from a 2 acre minimum within the I-2 Zoning District to 1.06 acres Alternative Two If the Community Planning Board does not believe compelling reasons have been provided to justify the change in the comprehensive guide plan and the waivers from the City Code, then one option would be to recommend the project be continued with direction to revise the plan to reduce the physical and visual impacts on the lake, creek, and floodplain based on staff and Board recommendations. Alternative Three If the Community Planning Board does not believe compelling reasons have been provided to justify the change in the comprehensive guide plan and the waivers from the City Code,then one option would be to recommend denial for the following reasons: • The project is inconsistent with the Comprehensive Guide Plan. • The project does not meet requirements of the shoreland ordinance as listed in this report. • The project does not meet requirements of the City Code as listed in this report. Staff recommends Alternative Two. • /iLI STAFF REPORT TO: Community Planning Board FROM: Michael D.Franzen,City Planner Krista R.Flemming,Planner I DATE: January 21,2000 SUBJECT: Liberty Place APPLICANT/ FEE OWNER: Liberty Property Limited Partnership LOCATION: Valley View Road and Smetana Lane REQUEST: 1. Comprehensive Guide Plan Change from Industrial/High Density Residential to Office on 3.9 acres and from Low Density Residential to High Density Residential on 2.58 acres 2. Planned Unit Development Concept Review on 55.08 acres 3. Planned Unit Development District Review with waivers on 16.88 acres 4. Zoning District Change from RM-2.5 to I-2 on 5.57 acres; from RM-2.5 to Office on 7.12 acres; and from I-2 to Office on.41 acres. 5. Zoning District Amendment within the I-2 Zoning District on 3.78 acres 6. Site Plan Review on 16.88 acres 7. Preliminary Plat on 55.08 acres into 3 lots,3 outlots, and City right-of-way 8. EAW Review j5 Staff Report—Liberty Place January 21,2000 BACKGROUND The Comprehensive Guide Plan identifies the land east of Nine Mile Creek for either Industrial or High Density Residential land use. The land west of the creek is guided Low Density Residential. The property east of the creek is zoned mostly RM 2.5 according to the plan approved in 1997 for a 318 unit apartment building known as the Lake Smetana Apartments project(this project was never built). A smaller portion of the property is also zoned I-2. The land west of the creek is zoned rural. Existing land uses include vacant grassland and three vacated residences proposed to be removed prior to any construction. Surrounding uses consist of Technology Industrial Park to the east, Smetana Lane, a single-family residence, Lake Smetana (Natural Environment Water) to the south, Nine Mile Creek (General Development Water),Wilson Learning Tower to the north, and Realife Cooperative to the west. REQUEST FOR GUIDE PLAN CHANGE • Comprehensive Guide Plan Change from Industrial/High Density Residential to Office on 3.9 acres for proposed Lot 2,Block 2,east of Nine Mile Creek. • Comprehensive Guide Plan Change from Low Density Residential to High Density Residential on 2.58 acres for proposed Lot 3,Block 1,west of Nine Mile Creek. COMPREHENSIVE PLAN.CONSISTENCY The Major Center Area Plan (1973) and City Comprehensive Plan (1977) envisioned the area bounded generally by Prairie Center Drive and Valley View Road as a major diversified center. This would be an area characterized by intense development of office, entertainment, financial services, shopping, employment, and housing in order to support the cost of infrastructure and minimize encroachment into the area's natural features. Both plans recommended zoning categories specific to this part of the City be adopted to allow higher intensity uses with multiple stories,increased F.A.R. (floor area ratio), and more residential density. The guide plan recommended adopting a high-density residential zoning district for between 24 and 40 units per acre. Rather than develop a specific zoning district, the City used a planned unit development approach to accomplish the goal of higher intensity uses and taller buildings while minimizing encroachment on natural features. At the October 5, 1999, City Council workshop on "Traffic Demand Management — Land Use/Transportation Golden Triangle", the City Council discussed the importance of high density residential and mixed use as a way to reduce traffic impacts. The direction to staff was to encourage the use of higher density and taller buildings on appropriate vacant sites in the Golden Triangle Area. PLANNED UNIT DEVELOPMENT The concept plan includes: • A 172 unit,nine story apartment building west of the creek; • An 81,900 sq.ft.,three story office building east of the creek; • A 93,006 sq.ft.,one story industrial building east of the creek; • 35.64 acres of dedicated open space and right-of-way; and • An existing parking lot to remain in conjunction with the adjacent industrial building. Staff Report—Liberty Place January 21,2000 The development of a mixed-use project on this site is consistent with City Council's direction for traffic reduction in the Golden Triangle Area. Providing housing close to employment can minimize traffic impacts. A conscious land use decision to improve the area's traffic conditions was made by the City when the 318 unit Smetana Lake Apartments was approved in 1997 on the area proposed for office and industrial. Therefore, the office-industrial portion of the current proposal should only be approved if a meaningful residential component is part of the PUD. ENVIRONMENTAL ASSESSMENT WORKSHEET(EAW) An EAW is required when a project crosses a certain threshold for size and number of units. The purpose of the EAW is to screen projects that may have the potential for significant environmental effects. The EAW process uses a standardized list of questions in worksheet format to disclose necessary information to screen the project for significant environmental effects. The EAW is distributed to local,state, and federal agencies to identify environmental protection measures that should be incorporated into the proposed project. After reviewing comments from outside agencies and the public, the City Council determines whether the impacts warrant further investigation and analysis,or an Environmental Impact Statement(EIS). • The staff believes potential significant environmental impacts include traffic, water quality, and vegetation. Traffic generated by the project is split between Valley View Road and Golden Triangle Drive, and no road improvements are proposed beyond the project boundaries. All stormwater is routed through onsite treatment ponds. The wooded knoll area on the Lake will be preserved,and established for park purposes. Tree loss will be minimal and the previous project's tree loss will be mitigated. In response to concerns from the DNR, the initial plan was revised to move the office and apartment building farther from the creek and the lake. The number of residential units has decreased from 247 to 172. The office/industrial square footage decreased from 199,575 sq. ft. to 174,906 sq. ft. Westwood Professional Services, Inc., submitted a "Findings of Fact" summary document addressing all comments received from the agencies that reviewed the EAW. This document also provides responses to the comments and a record of decision determining if additional environmental studies are necessary. PRELIMINARY PLAT A preliminary plat shows the subdivision of 55.08 acres into three lots, three outlots, and city right-of- way. Three different uses are proposed on the separate lots with offsite parking in one outlot and 35.64 acres of open space/park land and right-of-way to be dedicated to the City. Revisions are necessary to establish a common point of connection,or shared plat corner with the plat west of Outlot C. SITE PLAN The Developer proposes to remove existing single family residences located on the property, which are within the current shoreland setbacks. All proposed structures meet the shoreland setbacks. The site plan includes the following proposed uses: Lot 1 is 8.32 acres with a one story, industrial building at 93,006 sq. ft. with a height of 29 feet. The BAR (.26) and FAR (.26) meet code (percentages are calculated above the floodplain). There are 373 surface parking spaces shown to meet code. II. Staff Report—Liberty Place January 21,2000 Lot 2 is 6.60 acres with a three story, office building at 81,900 sq.ft.with a height of 54 feet. The BAR (.12) and FAR(.35)meet city code (percentages are calculated above the floodplain). There is a total of 385 parking spaces including 311 surface parking spaces, 25 proof of parking surface parking spaces and 49 underground structure parking spaces to meet code. Lot 3 consists of 3.49 acres for a nine story, apartment building with 172 rental units. Only concept and guide plan change recommendations are requested for this lot. A detailed site plan review and rezoning will be reviewed as part of a future application. Based on a net area of 3.49.acres, the density of the project is 49.28 units per acre. Since 2.07 acres of • land above the ordinary high water level of Lake Smetana is to be dedicated to the City for a mini park and is considered"buildable"land,density transfer can be applied to the apartment site,thus reducing the density to 30.9 units per acre. Staff recommends that 20%of the units have an affordability component. City Code permits up to 17.4 units per acre above the ordinary high water level in the RM-2.5 zoning district. The guide plan permits up to 40 units per acre in the Major Center Area. The Lincoln Parc project was approved at 38 units per acre, and Realife Cooperative at 26 units per acre: Ten public parking spaces will be constructed on Lot 3 to accommodate parking needs for the proposed park and will coincide with construction of the roadway. The Developer proposes to grant a permanent easement to the City for use and maintenance of these spaces. This parking area should be revised to meet parking requirements for a RM-2.5 zoning district. Outlot A is 12.65 acres consisting of the Nine Mile Creek corridor and wetlands. This land is proposed to be dedicated to the City. Outlot B is 1.03 acres consisting of an existing parking lot constructed in 1998 for the adjacent industrial building to the east. This parking was constructed in excess of code requirements for the industrial site, and is proposed to be maintained as offsite parking. Outlot C is 19.51 acres consisting of an Oak Knoll, lake surface, wetlands, and proposed boat access to be dedicated to the City. The City will develop a public park on the Oak Knoll area once the existing single family residence is removed. The Developer proposes to construct a bituminous trail between the park and proposed residential area connecting with a section of trail along Smetana Lane and existing trail to the west. A boat access with 5 public parking spaces will be developed in the southeast portion of the site. The boat parking design should be revised to provide"drive-thru"parking access. City Right-of-Way dedication of 2.53 acres for Smetana Lane and .95 acres for Valley View Road is proposed. The Smetana Lane right-of-way area will also include a bituminous trail. PLANNED UNIT DEVELOPMENT WAIVERS The development of this site will require PUD waivers from the Zoning and Shoreland Codes in the following areas: Lot 1 (Industrial) Shoreland Code Waiver: • Percent of impervious surface from 30%to 71% l7 Staff Report—Liberty Place January 21,2000. Impervious surface cannot exceed 30%; however, the City was granted a flexibility request to the shoreland code for Lake Smetana for up to 70% impervious surface. Treatment to NURP standards prior to discharge to the lake is a reason to consider the waiver. If land were not being dedicated to the City, the overall PUD impervious surface percentage would be 33%. Zoning Code Waiver: • Minimum side yard parking setback from 10 feet to 0 feet The Developer is requesting less of a setback to meet parking requirements for the proposed industrial development. • Lot 2(Office) • Shoreland Code Waivers: • Building height from 35 feet to 54 feet The natural vegetation along the creek and the lake helps mitigate the impact of a taller building. Realife Cooperative was granted a waiver.to 48 feet. • Percent of impervious surface from 30%to 50% Impervious surface cannot exceed 30%; however, the City was granted a flexibility request to the shoreland code for Lake Smetana for up to 70% impervious surface. Treatment to NURP standards prior to discharge to the lake is a reason to consider the waiver. If land were not being dedicated to the City, the overall PUD impervious surface percentage would be 33%. • Minimum lot size from 10 acres to 6.60 acres The Developer proposes to dedicate land for trail and park purposes that could have been figured into the lot size to meet the code. This dedication causes the parcel to be less than the minimum requirement. Zoning Code Waiver: • Minimum side yard parking setback from 10 feet to 0 feet The Developer is requesting less of a setback to meet parking requirements for the proposed office development. Lot 3(Residential) • Although detailed waivers will not be acted upon as part of a concept approval, the following waivers would be anticipated at a future site plan review. Information regarding each waiver is presented to clarify the issues associated with overall project concept. Shoreland Code Waivers: • Minimum Lot Size of 30,000 sq.ft per Dwelling Unit to 884 sq.ft.per unit. The Code requires a lot area of 30,000 sq. ft.per unit for multi-family housing. This requirement would • permit a significantly limited number of units above the Ordinary High Water Level, and would not be considered a reasonable use of the property consistent with residential guide plan densities. A similar waiver was approved for Realife Cooperative at 1,600 sq. ft. per unit. The waiver is needed to allow a reasonable use of the property consistent with residential Guide Plan densities. • Percent of structure facing a shoreland water No more than 50% of the shoreline can be occupied in building within the multi-family district. Due to the narrow lot width,this requirement cannot be met. An office or industrial use would have similar site impacts, but would not be subject to this code requirement. Maintaining the shore impact zone in its � 1� Staff Report—Liberty Place January 21,2000 natural state,removing existing residences, and reforesting the shoreland areas, and the existing tree mass on the Oak Point on Lake Smetana is a reason to consider the waiver. Realife Cooperative was granted a similar waiver. • Building height from 35 feet to 108 feet. Wilson Learning Center located north of Valley View Road received a height variance for 115 feet. Realife Cooperative was granted a waiver to 48 feet. • Percent of impervious surface 30% to 36% Impervious surface cannot exceed 30%; however, the City was granted a flexibility request to the shoreland code for Lake Smetana for up to 70%impervious surface. Treatment to NURP standards prior to discharge to the lake is a reason to consider the waiver. If land were not being dedicated to the City, the overall PUD impervious surface percentage would be 33%. Zoning Code Waiver: • Maximum density of 17.4 units per acre to 30.9 units per acre The density of Realife Cooperative is 26 units per acre. The guide plan permits up to 40 units per acre in the Major Center Area. Outlot B(Existing Parking) Shoreland Code Waiver: • Percent of impervious surface from 30%to 90% Impervious surface cannot exceed 30%; however, the City was granted a flexibility request to the shoreland code for Lake Smetana for up to 70%impervious surface. Treatment to NURP standards prior to discharge to the lake is a reason to consider the waiver. If land were not being dedicated to the City, the overall PUD impervious surface percentage would be 33%. Zoning Code Waivers: • Minimum side yard parking setback from 10 feet to 0 feet The placement of this parking was done prior to the proposed development; therefore, it is necessary to provide less of a setback to meet the existing conditions and provide adequate parking for the proposed office development. • Offsite Parking This existing parking is associated with and will continue to be maintained by the industrial building to the east. • Minimum front yard parking setback from 50 feet to 35 feet The Developer is requesting less of a setback to match the office district requirement for a front yard parking setback to maintain a consistent parking setback along Smetana Lane. • Lot Size from a 2 acre minimum within the 1-2 Zoning District to 1.06 acres This waiver will allow the temporary parking to have a parcel status. GRADING,DRAINAGE,AND FLOODPLAIN The 1997 approved plan for the Lake Smetana Apartments showed a tree inventory with 53 significant trees on site totaling 644 diameter inches. These were mainly 12 inch Ash trees scattered throughout the easterly half of the site. Although the project was never developed, a Land Alteration Permit was issued and the Staff Report—Liberty Place January 21,2000 • significant trees were removed. As part of the existing Developer's Agreement, these trees are to be replaced with any new development. The proposed project shows 1,712 diameter inches of significant trees and will remove 169 inches. The total required tree replacement for both projects is 244 caliper inches. The entire wooded Oak Knoll on Lake Smetana will be preserved and used for public park uses. Wetland and floodplain fill, grading encroachment into the shore impact zones, and numerous retaining walls are proposed. With the exception of necessary grading to improve Smetana Lane,no grading should be allowed within the 75' shore impact zone on either side of the creek NURP ponds do not meet benchmark standards and should be revised. Two of the new ponds are located within the shore impact zone of the creek and will need to be relocated. One option could be to eliminate excess parking associated with Outlot B to make room for adequate ponding. The detention basin located at the east corner of Valley View Road and Smetana Lane currently serves Realife Cooperative. Future expansion is anticipated to accommodate development of Lot 3. This will require wetland fill and mitigation to be evaluated at the future site plan review. The upgrading of Smetana Lane will require a new creek culvert connection. Alterations to the creek and- floodplain warrant a thorough review of the hydrology analysis by the Watershed District. Further detailed analysis should be conducted to determine if the alterations on Smetana Lane will effect anticipated City improvements to the culvert at Valley View Road. WETLANDS • There are two wetland areas on this site classified as"low quality". The project does not comply with the City's wetland buffer policy and should be revised to meet all regulations. Additional information regarding the proposed wetland fill associated with the roadway is required. Fill associated with the development of Lot 3 should be reviewed with the future site plan review. UTILITIES Sanitary sewer is available to the site via connection to an existing line within the site and Smetana Lane. Water will be extended to the site from Valley View Road and from Tech VII/Tech VIII sites. If necessary,a water connection is available from Smetana Lane to the residence at 7730 Smetana Lane. ACCESS Smetana Lane will be improved to City standards (i.e., 36' width and two lane). The Developer is requesting to shift the road further north at the creek crossing. Therefore, existing Smetana Lane will need to be vacated to accommodate the realignment. • The office and industrial buildings will have access to both Golden Triangle Drive and Valley View Road. Liberty has obtained an easement for.use of the private driveway connection Golden Triangle Drive. Lot 3 will have site access from Valley View Road. Public road access will be maintained to the residence located at 7730 Smetana Lane. TRAFFIC AND ROAD IMPROVEMENTS A traffic analysis was conducted as part of the EAW. The project by itself does not generate enough traffic to require offsite improvements. The traffic study recommends a signal at Valley View Road and Staff Report—Liberty Place January 21,2000 Shady Oak Road;however,this improvement is not part of the Transportation Plan and is not intended to be constructed with this project. The City's Transportation Plan shows a future signal at Flying Cloud Drive and Valley View Road. The previous traffic analysis accounted for a single access to the office and industrial buildings off Golden Triangle Drive. An updated review of the traffic does not indicate that additional road improvements are necessary at the intersection of Valley View Road and Smetana Lane. Due to the increased potential for additional peak hour traffic at this intersection, the City will require Liberty to enter into a special assessment for signalization if warranted by future traffic studies. The potential assessment is approximately $225,000. Details for this assessment would be incorporated into the Developer's Agreement. LANDSCAPING The total landscaping and tree replacement requirement for the office and industrial sites is 1,081 caliper inches. This includes 837 caliper inches for landscaping (excluding Lot 3), 23 inches for new tree replacement, and 221 inches for previous tree replacement removed as part of the Lake Smetana Apartments Land Alteration Permit and Developer's Agreement. The landscape plan meets City Code. The Shoreland Code requires landscape buffering be used for developments along water bodies. Tree mass including 353 caliper inches and 311 small sized trees (whips) will be placed along both sides of Nine Mile Creek for naturalizing and restoration. This will satisfy the buffering and tree replacement requirements. The landscaping plan should be revised to meet a 10' setback from the right-of-way line and provide site triangles at all access points on Smetana Lane. TRAILS AND SIDEWALKS A 10' wide bituminous trail is located on the north side of the proposed park, along the southwest side of Smetana Lane beginning at'the proposed public parking lot, and south of the boat access area. This sidewalk should be 8' .wide instead of 10' to eliminate unnecessary impervious surface. It should continue to the end of the Smetana Lane right-of-way,eliminating the trail section on the south side of the boat access. Sidewalk connections to the trail are located throughout the office and industrial areas with one main trail connection east side of the creek. A sidewalk connection to the trail system from. Lot 3 should be established with a future site plan review. LIGHTING AND ARCHITECTURE Lighting on all sites will consist of 20-foot tall, downcast, cut off fixtures since all uses are.adjacent to residential. A lighting plan should be submitted prior the Council review. Both buildings meet or exceed the architectural regulations for the office and industrial zoning districts. SIGNAGE Directional signs are necessary to indicate the location of the public park, public parking area, and boat access. A directional sign should be located in the city right-of-way at the intersection of Valley View Staff Report—Liberty Place January 21,2000 Road and Smetana Lane locating park, public parking, and boat access; near the public parking access, and in the city right-of-way near the boat access. No directional signs should be placed on Lot 1 or 2 due to its private driveway and parking status. Signage associated with Lot 3 will be reviewed at the time of future site plan review; therefore, both proposed monument signs should be removed. CONCLUSION A conscious land use decision to improve traffic conditions in the area was made by the City when it approved the 318 unit apartment project in 1997. Traffic impacts can be reduced by providing mixed use development throughout the Golden Triangle area with housing close to employment. This mixed use could be provided through new PUDs such as the one proposed, or by requiring housing to develop amidst an area with office and industrial uses previously established. The office-industrial portion of the current proposal should only be approved if a meaningful residential component is also part of the PUD concept approval. High density housing, office and industrial uses are appropriate on this site for the following reasons: 1. There is an opportunity to meet housing goals by providing housing opportunities close to employment. 2. The area land use envisioned for, and capable of, supporting more intense land uses, is maximized. This reduces pressure for higher density in the southwestern part of Eden Prairie where the guide plan designates lower intensity land uses to be more appropriate. 3. Housing is a compatible land use next to Realife Cooperative. 4. The City will receive park dedication and public easements along Lake Smetana and Nine Mile Creek. 5. Existing and deteriorated residencies located within the current shoreland setback will be removed and additional landscaping reestablished along the shoreland corridors. The Community Planning Board must balance the above issues with the requested Comprehensive Guide Plan Amendments, city policies,zoning district changes and ordinance waivers. STAFF RECOMMENDATION Alternative One If the Community Planning Board believes compelling reasons have been provided to justify the change in the comprehensive guide plan and waivers from the City Code, then one option would be to recommend approval of: • Comprehensive Guide Plan Change from Industrial/High Density Residential to Office on 3.9 acres and from Low Density Residential to High Density Residential on 2.58 acres; • Planned Unit Development Concept Review on 55.08 acres; • Planned Unit Development District Review with waivers on 16.88 acres; • Zoning District Change from RM-2.5 to I-2 on 5.57 acres; from RM-2.5 to Office on 7.12 acres; and I-2 to Office on.41 acres; • Zoning District Amendment within the I-2 Zoning District on 3.78 acres; • Site Plan Review on 16.88 acres; • Preliminary Plat on 55.08 acres into 3 lots,3 outlots, and city right-of-way; and • EAW Review. Staff Report—Liberty Place • January 21,2000 This would be based on plans dated January 14,2000,this staff report,and the following conditions: 1. Prior to City Council review,proponent shall: A. Revise the preliminary plat to establish a common point of connection, or shared plat corner,with the plat west of Outlot C. B. Revise the boat parking design to provide"drive-thru"parking access. C. Revise the grading plan to eliminate grading within the 75' shore impact zone on either side of the creek with the exception of necessary grading to improve Smetana Lane. D. Revise NURP ponds to meet benchmark standards. E. Submit the hydrology plan to the Watershed District and address their comments. F. Make revisions necessary to meet all wetland regulations. G. Revise the landscaping plan to meet a 10' setback from the right-of-way line and provide site triangles at all access points on Smetana Lane. H. Adjust the trail width from 10'to 8' wide and continue it to the end of the Smetana Lane right-of-way,eliminating the trail section on the south side of the boat access.• I. Submit a lighting plan. J. Locate a directional sign in the city right-of-way at the intersection of Valley View Road and Smetana Lane indicating park, public parking, and boat access locations; near the public parking access; and in the city right-of-way near the boat access. Eliminate directional signs placed on Lot 1 and 2. K. Eliminate monument signage associated with Lot 3. 2. Prior to Final Plat approval,the proponent shall: A. Vacate Smetana Lane. 3. Prior to grading permit issuance,the proponent shall: A. Install erosion control and tree protection fencing at the grading limits of the property for review and approval by the City Engineer and City Forester. B. Submit to the City Engineer, recorded copies of the conservation easement documents, cross access and maintenance agreement documents,and public use easement documents. C. Dedicate 33.23 acres to the City. 4. Prior to building permit issuance,the proponent shall: A. Review the building plans with the Fire Marshal, including details regarding fire access to the site. 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. 5. The following waivers are granted as part of the PUD: Lot 1 (Industrial) Shoreland Code Waivers: • Percent of impervious surface from 30%to 71% Zoning Code Waiver: YC at Staff Report—Liberty Place January 21,2000 • Minimum side yard parking setback from 10 feet to 0 feet Lot 2(Office) Shoreland Code Waivers: • • Building height from 35 feet to 54 feet • Percent of impervious surface from 30%to 50% • Minimum lot size from 10 acres to 6.60 acres Zoning Code Waiver: • Minimum side yard parking setback from 10 feet to 0 feet Outlot B(Existing Parking) Shoreland Code Waiver: • Percent of impervious surface from 30%to 90% Zoning Code Waivers: • Minimum side yard parking setback from 10 feet to 0 feet • Offsite Parking • Minimum front yard parking setback from 50 feet to 35 feet • Lot Size from a 2 acre minimum within the I-2 Zoning District to 1.06 acres • Alternative Two If the Community Planning Board does not believe compelling reasons have been provided to justify the change in the comprehensive guide plan and the waivers from the City Code,then one option would be to recommend the project be continued with direction to revise the plan to reduce the physical-and visual impacts on the lake,creek, and floodplain. Alternative Three If the Community Planning Board does not believe compelling reasons have been provided to justify the change in the comprehensive guide plan and the waivers from the City Code,then one option would be to recommend denial for the following reasons: • The project is inconsistent with the Comprehensive Guide Plan. • The project does not meet requirements of the shoreland ordinance as listed in this report. • The project does not meet requirements of the City Code as listed in this report. Staff recommends Alternative 2. y2S APPROVED MINUTES CITY OF EDEN PRAIRIE COMMUNITY PLANNING BOARD MONDAY,FEBRUARY 14,2000 7:00 P.M., CITY CENTER Council Chamber 8080 Mitchell Road COMMISSION MEMBERS: Kenneth Clinton,Marvin Cofer,Frantz Corneille,Randy Foote,Katherine Kardell, Vicki Koenig,Rebecca Lewis and Ray Stoelting STAFF: Michael Franzen, City Planner Stu Fox,Manager of Parks &Natural Resources Alan Gray, City Engineer Donald Uram, Community Development! Financial Services Director Deb Meuwissen,Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Foote called the meeting to order at 7:00 p.m. Commissioner Kardell was not in attendance. II. APPROVAL OF AGENDA MOTION: Koenig moved, seconded by Clinton,to approve the Agenda. Motion carried 7-0. III.' APPROVAL OF MINUTES MOTION: Lewis moved, seconded by Clinton, to approve the Minutes of the November 10, 1999 Planning Commission. Motion carried 3-0. MOTION: Clinton moved, seconded by Lewis, to approve the Minutes of the December 3, 1999 Planning Commission. Motion carried 3-0. MOTION: Cofer moved, seconded by Stoelting, to approve the Minutes of the January 24, 2000 Community Planning Board. Motion carried 6-0-1 with Commissioner Lewis abstaining due to absence. IV. PUBLIC HEARINGS A. LIBERTY PLACE by Liberty Property Limited Partnership. Request for Comprehensive Guide Plan Amendment from Industrial High Density Residential to Office on 3.9 acres and from Low Density Residential to High Density Residential on 2.58 acres, Planned Unit Development Concept Review on 55.08 acres, Planned Unit Development District Review with waivers on 16.88 acres, Zoning District Change from RM-2.5 to 1-2 COMMUNITY PLANNING BOARD MINUTES PAGE 2 FEBRUARY 14,2000 on 5.57 acres, RM-2.5 to Office on 7.12 acres and I-2 to Office on .41 acres, Zoning District Amendment within the I-2 Zoning District on 3.78 acres, Site Plan Review on 16.88 acres, and Preliminary Plat on 55.08 acres into 3 lots, 3 outlots and City right-of- way. Location: Smetana Lane and Valley View Road. Dave Jellison, Vice President, Liberty Property Trust, related the applicant had been asked by the Community Planning Board at the January 24, 2000 to present revised plans and additional information. Since that meeting, the residents of Real Life Cooperative had extended an offer to purchase the residential portion of the proposed project from the applicant in order to expand the Real Life Cooperative to a second phase. A Guide Plan change was still requested with respect to the remaining project. Jeff Blackwell, Liberty Property, indicated the applicant had been working with Staff and only 2-3 issues remained unresolved. Screening of the parking area near the lake was needed and trees and shrubs would be added. The parking area would be relocated 25' away from the wetlands area. Relocation of the ponding area was being designed. Franzen related Staff believed senior housing on the site was appropriate and responsive to the demographics in the area. The concerns expressed by Real Life Cooperative and by the Community Planning Board with respect to the proposed height of the Liberty Property senior housing project would be addressed by the purchase of the residential site since Real Life Cooperative's plans would not include a senior housing complex of the same magnitude as that proposed by the applicant. He indicated the Board could grant a guide plan change and concept approval if it were comfortable with the height of the building to be constructed thereby providing direction for Real Life Cooperative to prepare plans for presentation to the Board. He indicated the applicant had revised its plans based on the purchase of the residential site by Real Life Cooperative but there had not been sufficient time to forward them to the Board prior to the meeting. However, the applicant had . addressed all the issues Staff had with the proposed plans. Clinton asked if parking for the office complex would still be sufficient in light of the revised plans. Franzen indicated additional parking would be available from the industrial site. Original plans had proposed 50% office and 50% warehouse; however, revised plans indicated less office space and more warehousing space and therefore parking would be sufficient. Bill Griffith, attorney for Real Life Cooperative, 1500 Norwest, Bloomington, related Real Life Cooperative was in attendance at the public meeting in support of the present plans. Both parties were working to complete the purchase agreement for the residential site. The proposed Phase 2 project would consist of a 3-4 story building and would be very comparable to the existing Real Life site. Foote asked the Board for response with respect to allowing Staff to finalize plans with the applicant or requesting the applicant to present final plans to the Board for approval. Lewis , indicated support of Real Life Cooperative's proposal to construct a 3-4 story residential building and the modifications with respect to parking and ponding, Staff and the applicant would agree upon. COMMUNITY PLANNING BOARD MINUTES PAGE 3 FEBRUARY 14,2000 Foote conveyed his appreciation to the applicant and the Real Life Cooperative members for their efforts and cooperation in reaching an acceptable conclusion to this matter. Foote also indicated he was concerned about having enough parking with the new addition and asked staff to work with the developer on this matter. MOTION: Lewis moved, seconded by Clinton, to close the public hearing. Motion carried 7-0. MOTION: Clinton moved, seconded by Lewis, to recommend to City Council approval of Liberty Property Limited Partnership, for Comprehensive Guide Plan Amendment from Industrial/High: Density Residential to Office on 3.9 acres and from Low Density Residential to High Density on 2.58 acres, Planned Unit Development Concept Review on • 55.08 acres, Planned Unit Development District Review with waivers on 16.88 acres, Zoning District Change from RM-2.5 to I-2 on 5.57 acres, RM-2.5 to Office on 7.12 acres and 1-2 to Office on .40 acres, Zoning District Amendment within the 1-2 Zoning District on 3.78 acres, Site Plan Review on 16.88 acres, and Preliminary Plan on 55.08 acres into 3 lots, 3 outlots and City right-of-way, and.concept plan proposal for Phase 2 of the Real Life Cooperative construction of a 3-4 story senior housing project subject to the review and approval of detailedplans. Motion carried 7-0. B. BRAXTON WOODS 2ND ADDITION by Centex Homes. Request for Planned Unit Development Concept Review on 7.1 acres, Planned Unit Development District Review with waivers on 7.1 acres, Zoning District Change from Rural to R1-13.5 on 7.1 acres, and Preliminary Plat on 7.1 acres into 18 single-family lots, 1 outlot and road right-of-way. Location: East of Cedarcrest Drive and west of Shetland Road. Dan Blake, Centex Homes, provided an overview of the proposed project. This project is an extension of Centex Homes'Hallett Addition located to the north. A proposed plan for 11 lots was reviewed last year;however,the current plan reflects 8 lots. The two areas will be connected by a road. Three issues remained unresolved with respect to the plan. The dedication of the outlot to the City in lieu of park fees; phasing of the construction; and construction of the road in two phases. Construction of the westerly half of the road is proposed at this time and the remaining road to be constructed when landowner to the north of the proposed project is developed and that landowner participates in the remaining construction. Stoelting requested clarification with respect to the potential payment of park land fees Blake responded that if'park land fees had to be paid in connection with the outlot, the • preference would be for the homeowners in the development to retain the property and pay the fees. Assessments for each lot would be approximately$2,000. Franzen indicated Staff recommended approval of the proposed plan subject to the recommendations contained in the Staff Report. Russ Chance, 17091 Cedarcrest Drive,requested clarification on the future development of the property located to the east of the project and the amount of disruption caused by the COMMUNITY PLANNING BOARD MINUTES PAGE 6 JANUARY 24,2000 moving forward with this project to the City Council, and asked if the applicant would be able to resolve these matters. MOTION: Frantz moved, seconded by Koenig, to continue the public hearing until the February 28,2000 meting of the Community Planning Board. Motion carried 6-0. Franzen indicated the-City Council had a legal requirement to act upon any application within 120 days and asked if the applicant would agree to an extension of that period to May 18, 2000. Wallace indicated the applicant would agree to the extension. B. IVERS ADDITION by Jerry Klooster. Request for PUD Concept Review on 4.41 . acres, PUD District Review with waivers on 4.41 acres, Zoning District Amendment with waivers in the R1-22 Zoning District and Preliminary Plan on 4.41 acres into 3 lots. Location: 17221 Terrey Pine Drive Franzen related that due to the relative simplicity of the project, Staff would make a,brief presentation on behalf of the developer. The proposed project was a subdivision of two existing lots and one outlot into three new lots in order to settle the estate of Tom Ivers. Staff recommended approval of the project. MOTION: Clinton moved, seconded by Cofer, to close the public hearing. Motion carried 6-0. MOTION: Clinton moved, seconded by Koenig, to recommend to City Council approval of the request of Jerry Clooster for PUD Concept Review on 4.41 acres, PUD District Review with waivers on 4.41 acres, Zoning District Amendment with waivers in the R1-22 Zoning District and Preliminary Plan on 4.41 acres into 3 lots, based on plans dated December 30, 1999, and subject to the recommendations of the Staff Report dated January 21, 2000, with the following modification: Any additions to the existing home on lot three can be no closer to the lake than the existing house:If the existing house is torn down, any new house must met the 150 foot shoreland setback. The existing house must be torn down within months of the date of building permit issuance for the new house. Bonding will be required for the removal of the existing house. Motion carried 6-0. C. LIBERTY PLACE by Liberty Property Limited Partnership. Request for Comprehensive Guide Plan Amendment from Industrial/High Density Residential to Office on 3.9 acres, and from Low Density Residential to High Density Residential on 2.58 acres, Planned Unit Development Concept Review on 55.08 acres, Planned Unit Development District Review with waivers on 16.88 acres, Zoning District Change from RM-2.5 to I-2 on 5.47 acres; RM-2.5 to Office on 7.12 acres; I-2 to Office on .41 acres; Zoning District Amendment within the I-2 Zoning District on 3.78 acres, Site Plan Review on 16.88 acres, and Preliminary Plat on 55.08 acres into 3 lots and 2 outlots and City right-of-way. Location: Smetana Lane and Valley View Road.. David Jellison, Vice President, Liberty Property, provided a brief history of the proposed project including changes requested by Staff for development of the site into mixed use a, COMMUNITY PLANNING BOARD MINUTES PAGE 7 JANUARY 24,2000 property. The current proposal included a 9-story — 172 unit residential apartment complex, 82,000 s.f. office building, 93,000 s.f industrial building and dedication of 35 acres to the City for a park and right-of-way. The applicant concurred with Alternative 1 of the Staff Report. Flemming reported the property owned by Liberty Property was the last significant property around Lake Smetana. The project provides an opportunity to meet city housing and transportation goals and to reduce traffic in the area. Staff agrees with the land use as • proposed. Franzen related the conclusion section of Staffs Report and discussed the philosophy of the City with respect to housing and traffic. Bill Griffith, attorney representing Real Life Cooperative, 1500 Norwest Financial Center, Bloomington, Minnesota, related the applicant had discussed and worked with Real Life . residents on the proposed project. The residents of Real Life were not opposed to the development of an office complex or residential complex but were concerned with the scale and magnitude of the proposed project. The apartment complex would be 3- 5 times the size of other projects currently existing around Lake Smetana. Due to the fact the revised . plans and specifications, as well as the Staff Report, had only been available to residents of Real Life for a short time, they agreed with Staffs recommendation to continue the project. Dick Brown, #418 Real Life Cooperative, 10785 Valley View Road, expressed concern with the size of the apartment building. Asked that notices of future meetings be sent to all residents of Real Life Cooperative since most residents had not seen the most current plans Lloyd Wiley, #123, Real Life Cooperative, 10785 Valley View Road, indicated he was not opposed to apartments or other housing for the area. Concerned with aesthetic impact of the size on surrounding developments and the amount of traffic that would be generated. Jack Berry, #415, Real Life Cooperative, 10785 Valley View Road, expressed concern with the size of the apartment building and believed the applicant needed to.work with others in the area to develop the property. Stoelting asked for clarification of the future development indicated on the plans. Franzen responded the applicant did not have finalized plans for the apartment building, which would not be constructed at this time. The applicant was asking for approval for the concept plans but with the understanding that the Board would have to approve final plans. Stoelting asked if the trail system would be continued along the lake. Fox indicated the trail system that began with the Real Life Cooperative project would be continued around the lake,which consisted of an 8 ft.wide trail based on City standards. Cofer asked about the park plans for the peninsula. Fox indicated this area would be dedicated to the City for a mini-park, which would include picnic tables,benches, etc., but no ball fields. • j0 COMMUNITY PLANNING BOARD MINUTES PAGE 8 JANUARY 24,2000 • Cofer asked the height above sea level for the proposed apartment building and that of the Real Life Cooperative. Franzen indicated the Real Life Cooperative property was 870 ft. above sea level and the apartment building would be approximately 50- 60 ft.higher. Foote asked if signalization would be required at Valley View Road and Smetana Lane. Gray indicated the traffic analysis indicated the level of development would not require signalization. An area of concern would be cross-access between sites. Most of the employee base would prefer to use the Golden Triangle area. Some, however, may prefer to use the proposed site. If cross-access was a problem, as a residential use this could be controlled via access cards. Signalization could be necessary in the future. Foote asked if residents of the apartment complex would exit out Smetana onto Valley View Road. Gray indicated replacing office with some residential would help traffic. Exiting in the evening hours would not be a problem with residential since in-bound traffic would be the primary traffic generator. The more residential in the Golden Triangle area the better the traffic flow would be. • Clinton indicated support of the guide use plan changes and in favor of going forward with the plan with the concerns and issued being addressed. Jellison indicated the applicant did not have final plans developed for the entire project. Staff had asked that a residential component be included in the overall plan. He developed a conceptual plan, which included a residential component. Asked that the Board approve • the conceptual plan with the understanding that the final plans for the residential portion would have to be approved. • A general discussion ensued among the Board with each member voicing concern with respect to the height of the apartment building. The applicant was asked to provide a pictorial view of the property in relationship to the overall lake area and if there was any opposition to a two week continuance to address the issues and concerns raised. Jellison indicated the pictorial could be provided and there was no opposition to the continuance. MOTION: Clinton moved, seconded by Corneille, to continue the public hearing until the February 14, 2000 meeting of the Community Planning Board. Motion carried 6-0. Franzen indicated the City Council had a legal requirement to act upon any application within 120 days and asked if the applicant would agree to an extension of that period to May 18, 2000. Jellison indicated the applicant would agree to the extension. C. EATON CORPORATION PUD by Eaton Corporation. Request for Planned Unit Development Concept Amendment on 25.37 acres, Planned Unit Development District Review with waivers on 25.37 acres, Zoning District Amendment within the I-5 Zoning District, and Site Plan Review on 25.37 acres. Location: 14165 Lone Oak Road. John Machio, architect for the project, presented a brief overview of the project. The existing structure would be utilized as a corporate headquarters for Eaton's hydraulic division. This would require upgrading and remodeling the interior ofthe building into office space and the addition of more parking spaces. 31 LI SEI PROPERTY TRUST February 25, 2000 Michael Franzen City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Liberty Place Dear Michael: This letter is to inform the City that Liberty is requesting an Early Grading Peiuiit and an Early Footings and Foundation Peiiiiit for the Liberty Place Project. These requests are being made due to the tentative construction schedule of Building A. .It.is critical that we obtain occupancy for Building A by October 1, 2000, therefore, an early start to construction would be extremely beneficial to our contractor, the Bainey Group. In addition to this letter,:we intend to make the above-mentioned requests verbally at our first City Council meeting: Please contact me if you have any questions. Sincerely, Liberty Property Trust David M. Iron Regional Vice President DMJ/clp • 10400 VIKING DRIVE,Sums 130 •EDEN PRAIRIE, MN 55344 (612)947-1100 • FAX(612) 947-0800 CITY COUNCIL AGENDA DATE: 03/21/00 SECTION: Public Hearings SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R. Uram Braxton Woods 2nd Addition C Scott A.Kipp Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for PUD Concept Review on 7.1 acres; and • Approve 1st Reading of the Ordinance for PUD District Review with waivers and Zoning District Change from Rural to R1-13.5 on 7.1 acres; and • Adopt the Resolution for Preliminary Plat on 7.1 acres; and • Direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations (and Council conditions). Synopsis This request is for 8 single-family lots. The project is located east of Cedarcrest Drive and west of Shetland Road. The Community Planning Board voted 7-0 to recommend approval of the project to the City Council at the February 14, 2000. Background The following waivers will be necessary through the PUD: • Front yard structure setback of 25 feet for Lots 1 through 5, Block 2. Code requires a 30-foot front yard structure setback. • Zero structure setback from top of bluff for Lot 4,Block 2. Code requires a 30-foot structure setback from top of bluff. • Structure located in the bluff impact zone for Lot 4, Block 2. Code requires that structures remain outside of the bluff impact zone. These waivers may have merit for the following reasons: • All house pads can be designed to meet code. However, allowing a 25-foot front yard setback will help reduce grading and tree loss. • A small portion to the property is considered bluff according to the Shoreland Code. While the house pad for Lot 4,Block 2 is shown to encroach into the bluff setback and bluff impact zone,it is placed on the flattest portion of the lot. The alternate preliminary plat shows how City Council Agenda—03/21/00 Braxton Woods 2nd Addition Page 2 avoidance of this area is possible to meet code,but would result in additional lots and house pad locations on steeper portions of the site. In exchange for the waivers, Outlot A will be placed within a conservation and trail easement in favor of the City. Tree loss is 27%with tree replacement of 259 caliper inches. The plan shows the construction of Cedarcrest Drive from the east boundary of the Cedar Forest Addition to the west boundary of Riley Creek Ridge,including a trail on the north side. This street and trail connection is consistent with the City's Transportation Plan and provides the following benefits: • A secondary connection to Pioneer Trail for the Cedar Forest,Riley Creek Ridge, and the proposed Braxton Woods 2nd neighborhoods,which is important to insure emergency vehicle access. • A pedestrian corridor linking neighborhoods that is detached from Pioneer Trail. Construction of the street will require right of way acquisition from the Ruben property and from Hustad Development Company. Hustad Development Company owns fee title to a narrow cartway that underlies the proposed new residential street. Centex proposes to petition for the construction of the public street and utilities as shown on the plans. Based on this proposal the City would prepare a feasibility study and evaluate benefit to the Braxton Woods 2nd Addition and the Ruben property. If ordered, the City would acquire permanent and temporary right of way. Right of way costs would be added to assessable costs and apportioned to benefited properties in the same manner as street construction costs. Centex would dedicate all right of way and easements within Braxton Woods 2nd Addition at no cost to the project. Attachments 1. Resolution for PUD Concept Review 2. Resolution for Preliminary Plat 3. Staff Report dated February 11, 2000 4. Community Planning Board Minutes dated February 14, 2000 BRAXTON WOODS 2ND ADDITION • CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF BRAXTON WOODS 2ND ADDITION PUD FOR CENTEX HOMES 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 City Community Planning Board did conduct a public hearing on Braxton Woods 2nd Addition PUD Concept by Centex Homes, and considered their request for approval for development and recommended approval of the requests to the City Council; and, WHEREAS,the City Council did consider the request on March 21, 2000; NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Braxton Woods 2nd Addition 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 Amendment approval as outlined in the plans dated January 24, 2000. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated February 14, 2000. ADOPTED by the City Council of the City of Eden Prairie this 21st day of March, 2000. Jean Harris,Mayor ATTEST: Kathleen A. Porta, City Clerk 3 EXECEBIT A Legal Description: Braxton Woods 2nd Addition That part of the East Hoff of the Southwest Quarter of Section 20, Township 116, Range 22, and that part of the Northeast Quarter of the Northwest Quarter of Section 29, Township 116, Range 22, Hennepin County, Minnesota, lying within the following described boundaries: Beginning of the most easterly comer of Lot 6, Block 5, CEDAR FOREST FIRST ADDf77ON, according to the recorded plot thereof, Hennepin County, Minnesota; thence North 25 degrees 25 minutes 46 seconds West, assumed bearing along the east line of said CEDAR FOREST FIRST ADDI770N, a distance of 204.58 feet; thence North 79 degrees 50 minutes 42 seconds East, a distance of 239.83 feet; thence North 29 degrees 16 minutes 07 seconds East, a distance of 94.62 feet; thence South 77 degrees 01 minutes 48 seconds East, a distance of 186.11 feet; thence South 00 degrees 30 minutes 02 seconds East, a distance of 216.72 feet; thence along a non—tangential curve, concave to the south, having a radius of 491.10 feet, a central angel of 36 degrees 45 minutes 31 seconds, an arc length of 315.07 feet and a chord bearing of South 85 degrees 20 minutes 03 seconds West; thence South 67 degrees 27 minutes 05 seconds West, a distance of 74.57 feet to the point of beginning and there terminating. AND: That part of the Northeast Quarter of the Northwest Quarter of Section 29, Township 116, Range 22, Hennepin County, Minnesota except that part thereof embraced within said CEDAR FOREST FIRST ADDITION, all lying Southerly of a line drawn parallel with and 15 feet Southerly of, as measured at right angle to, the following described Line A. Line A: Beginning at the point of intersection of the centerline of Cedarcrest Drive with a line drawn from the most Easterly corner of Lot 6, Block 5, CEDAR FOREST FiRST ADDITION to the most Northerly corner of Lot 1, Block 4, said CEDAR FOREST FIRST ADDITION, said line having an assumed bearing of South 14 degrees 39 minutes 15 seconds West; thence North 73 degrees 22 minutes 59 seconds East a distance of 137.36 feet; thence along a tangential circular curve to the right having a radius of 460.02 feet, delta angle 31 degrees 33 minutes 37 seconds, for a distance of 253.39 feet; thence South 75 degrees 03 minutes 24 seconds East on tangent to said curve a distance of 122.35 feet; thence along a tangential circular curve to the left having a radius of 162.58 feet, delta angle 20 degrees 54 minutes 34 seconds, a distance of 59.33 feet; thence North 84 degrees 02 minutes 02 seconds East on tangent to said curve to its intersection with the East line of said Northwest Quarter and there terminating. Which lies northerly of the centerline of Riley Creek. Together with an easement for ingress and egress, 30 feet in width, over and across part of the North 1/2 of Section 29, Township 116, Range 22, Hennepin County, Minnesota, the centerline of said easement being described as follows: Beginning at the point of intersection of the center line of Cedarcrest drive with a line, hereinafter referred to as Line 1, drawn from the most Easterly corner of Lot 6, Block 5, CEDAR FOREST FIRST ADDITION to the most Northerly corner of Lot 1, Block 4, said CEDAR FOREST FIRST ADDITION, said line having an assumed bearing of South 14 degrees 39 minutes 15 seconds West; thence North 73 degrees 22 minutes 59 seconds East o distance of 137.36 feet; thence along a tangential circular curve to the right having a radius of 460.02 feet, delta angle 31 degrees 33 minutes 37 seconds, far a distance of 253.39 feet; thence South 75 degrees 03 minutes 24 seconds East on tangent to said curve a distance of 122.35 feet; thence along a tangential circular curve to the left having a radius of 162.58 feet, delta angle 20 degrees 54 minutes 34 seconds, a distance of 59.33 feet; thence North 84 degrees 02 minutes 02 seconds East on tangent to said curve a distance of 286.94 feet; thence along a tangential circular curve to the left having a radius of 297.03 feet, delta angle 11 degrees 32 minutes 04 seconds, for a distance of 59.80 feet; thence North 72 degrees 29 minutes 58 seconds East on tangent to said curve a distance of 115.15 feet and there terminating; The Northerly and Southerly lines of said easement are lengthened or shortened to their respective intersections with said Line 1. BRAXTON WOODS 2ND ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2000- RESOLUTION APPROVING THE PRELIMINARY PLAT OF BRAXTON WOODS 2ND ADDITION CENTEX HOMES BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Braxton Woods 2nd Addition for Centex Homes, dated January 24,2000 consisting of 7.1 acres into 8 lots, 1 outlot and road right-of-way, 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 21st day of March, 2000. Jean L. Harris,Mayor ATTEST: Kathleen A. Porta, City Clerk 5 STAFF REPORT TO: Community Planning Board FROM: Scott A. Kipp, Senior Planner DATE: February 11, 2000 SUBJECT: Braxton Woods 2nd Addition APPLICANT/ FEE OWNER: Centex Homes LOCATION: East of Cedarcrest Drive and west of Shetland Road REQUEST: 1. Planned Unit Development Concept Review on 7.1 acres. 2. Planned Unit Development District Review with waivers on 7.1 acres. 3. Zoning District Change from Rural to R1-13.5 on 7.1 acres. 4. Preliminary Plat of 7.1 acres into 8 lots, 1 outlot and road right of way. .. ff ',i;4. .„:‘,.,',---7-_,-. 1_,..,. .--- '_---+T 7 7u'c' 7 = .� .w- -`� ,T; _'31 St w �31�/ .....---.7,--..,-- 1• ' \# al, - _ a j,c- '• ~— \ ;• I • '2'" 7t� -1_.r.— ."-�..—=• •_.a 7 - �.r. .. -• "'� __, % so.. - 1 gx�0' 14, -Y�ti`, .Il �` •f�7• '� '.r'.-K ul .f yr aj1 • : tsa+- `-13�'a ' 1 . i ay_ , u '3 _ y. ii . . _ -.SA I.� .. �� ;Wu., 1 ] ,w a. rW "• � \ i�'Ii7'\ �' ••`- '� 1 .43 ~ 3+- ``y sat=\ _:t 1 a 3 '7y r'l �y"i...*-_ -;"1-s�+x.1a $ .cf7 ; - =,.s .. - r -•i I,0217 �' \I.7/ , :� -' 1 1 C .,, 'r� Y Xi :y'1••w1 r• ,lll • 1b1 �_.aA 7 N 1t1 .ox , ..r 1' 1a 19 1 y J .. 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'•lal�Z"` / • finf�a(�-' m d/ dA°''.16 t -0.!y " ,a . ,'„r ,t, e TER V•nEra.N e • •1 I " • aft A 1R I• f'^ Q1T•? \ - a ix ) it. a RI asaa• ;a01a. rax >R '�%- '4 , . 4 s 31 j x 171 %� \ 1' ., •J . 777 4 • 1 ' ; . 1 .a s,• ....G./1 _. 4 lit _ , a it a 'Y ^• •1 ' .y\, `'L. , in ,+.y }a1.a•x. '�. . `i•. N -� W i w I r ;s3 Z m ' ,✓��, j .,Q lr :St S 1711 'S W a r },\ q ,_ I - —._ �' XT� .`aril 1- I I „... 2 •••• l { } .. \i , -01 b { Staff Report—Braxton Woods 2nd Addition February 11,2000 BACKGROUND The Comprehensive Guide Plan shows this property as low density residential for up to 2.5 units per acre. The property is currently zoned Rural. Surrounding land use is low density residential, and consists of R1-13.5 residential to the north and east,R1-22 residential to the west, and an undeveloped Rural parcel to the northeast. PRELIMINARY PLAT The proposal is to rezone the 7.1 acre site from Rural to R1-13.5, connect Cedarcrest Drive to Shetland Road, and develop 8 single-family lots. The density of the project is 1.12 units per acre, consistent with the area. Lot size ranges between 15,200 sq. ft. and 38,560 sq. ft.,with an average lot size of 23,840 sq. ft. The northern half of the project was conceptually shown as four single-family lots at the time of approval for Centex's Hallett Addition located to the north. The south half of the development is located within 300 feet of Riley Creek, which is considered a Shoreland Area. None of the lots are within 150 feet of the creek therefore are not considered abutting lots. A small portion of the property contains a bluff as defined in the Shoreland Code. The following waivers will be necessary through the PUD: • Front yard structure setback of 25 feet for Lots 1 through 5, Block 2. Code requires a 30-foot front yard structure setback. • Zero structure setback from top of bluff for Lot 4,Block 2. Code requires a 30-foot structure setback from top of bluff. • Structure located in the bluff impact zone for Lot 4, Block 2. Code requires that structures remain outside of the bluff impact zone. These waivers may have merit for the following reasons: • All house pads can be designed to meet code. However, allowing a 25-foot front yard setback will help reduce grading and tree loss. • A small portion to the property is considered bluff according to the Shoreland Code. While the house pad for Lot 4,Block 2 is shown to encroach into the bluff setback and bluff impact zone, it is placed on the flattest portion of the lot. The alternate preliminary plat shows how avoidance of this area is possible to meet code,but would result in additional lots and house pad locations on steeper portions of the site. Outlot A will be dedicated to the City for conservation purposes. Staff Report—Braxton Woods 2°d Addition February 11,2000 ACCESS The plan shows the construction of Cedarcrest Drive from the east boundary of the Cedar Forest Addition to the west boundary of the Riley Creek Ridge, including a trail on the north side. The proponent states that the road will be built in two phases,with phase one road construction serving the western three lots on each side of the road. Staff recommends the entire road connection be constructed as part of the first phase of development. Centex will be responsible for all costs for the construction of the road and trail including, acquisition of necessary easements and right of way. TREE LOSS • The north half of the project area was originally part of the tree analysis for Centex's Hallett Addition,which included tree loss for a proposed storm water pond on the southerly end of that project. The pond has now been relocated to this site. This results in the need for a recalculation of tree impacts on the Hallett Addition. To simplify the recalculation,the tree inventories for both projects have been combined. A total of 10,012 diameter inches of significant trees are on the two sites. Overall tree loss is calculated at 2,744 diameter inches, or 27%. Overall tree replacement is 988 caliper inches. The approved tree replacement for the Hallett Addition was 729 caliper inches. Therefore, the tree replacement for this project is 259 caliper inches. The plans meet this requirement. UTILITIES Sanitary sewer will be extended to the westerly portion of the site concurrent with the sewer and water improvement proposed for the Cedar Forest neighborhood. The easterly lots will be served from Shetland Road. City water will be extended from Cedarcrest Road to Shetland Road. Drainage for the development is designed to meet NURP standards. All roof drainage from the southerly lots will be collected in the storm sewer system. RECOMMENDATION Staff would recommend approval of the PUD Concept Review on 7.1 acres, PUD District Review and Zoning District Change from Rural to R1-13.5 on 7.1 acres with waivers, and Preliminary Plat of 7.1 acres into 8 single-family lots, 1 outlot, and road right of way, based on plans dated January 24, 2000, subject to the staff report dated February 11, 2000, and the following conditions: 1. Prior to Final plat approval,the proponent shall: Staff Report—Braxton Woods 2nd Addition February 11,2000 A. Obtain the necessary easements and right of way for the construction of Cedarcrest Drive to Shetland Road. B. Submit detailed storm water runoff,`utility and erosion control plans for review by the City Engineer and Watershed District. 2. Prior to grading permit issuance,the proponent shall install erosion control and tree protection fencing at the construction limits for review and approval by the City Engineer and City Forester. 3. Prior to Building Permit issuance, the proponent shall: A. Pay the cash park fee. B. Submit a tree replacement surety for review. 4. The following waivers are approved through the PUD: A. Front yard structure setback of 25 feet for Lots 1 through 5,Block 2. Code requires a 30-foot front yard structure setback. B. Zero structure setback from top of bluff for Lot 4,Block 2. Code requires a 30-foot structure setback from top of bluff. C. Structure located in the bluff impact zone for Lot 4, Block 2. Code requires that structures remain outside of the bluff impact zone. /10 COMMUNITY PLANNING BOARD MINUTES PAGE 3 FEBRUARY 14,2000 Foote conveyed his appreciation to the applicant and the Real Life Cooperative members for their efforts and cooperation in reaching an acceptable conclusion to this matter. Foote also indicated he was concerned about having enough parking with the new addition and asked staff to work with the developer on this matter. MOTION: Lewis moved, seconded by Clinton, to close the public hearing. Motion carried 7-0. MOTION: Clinton moved, seconded by Lewis,to recommend to City Council approval of Liberty Property Limited Partnership, for Comprehensive Guide Plan Amendment from Industrial/High Density Residential to Office on 3.9 acres and from Low Density Residential to High Density on 2.58 acres, Planned Unit Development Concept Review on 55.08 acres, Planned Unit Development District Review with waivers on 16.88 acres, Zoning District Change from RM-2.5 to I-2 on 5.57 acres, RM-2.5 to Office on 7.12 acres and I-2 to Office on .40 acres, Zoning District Amendment within the I-2 Zoning District on 3.78 acres, Site Plan Review on 16.88 acres, and Preliminary Plan on 55.08 acres into 3 lots, 3 outlots and City right-of-way, and concept plan proposal for Phase 2 of the Real Life Cooperative construction of a 3-4 story senior housing project subject to the review and approval of detailed plans. Motion carried 7-0. B. BRAXTON WOODS 2ND ADDITION by Centex Homes. Request for Planned Unit Development Concept Review on 7.1 acres, Planned Unit Development District Review with waivers on 7.1 acres, Zoning District Change from Rural to R1-13.5 on 7.1 acres, and Preliminary Plat on 7.1 acres into 8 single-family lots, 1 outlot and road right-of-way. Location: East of Cedarcrest Drive and west of Shetland Road. Dan Blake, Centex Homes, provided an overview of the proposed project. This project is an extension of Centex Homes' Hallett Addition located to the north. A proposed plan for 11 lots was reviewed last year; however,the current plan reflects 8 lots. The two areas will be connected by a road. Three issues remained unresolved with respect to the plan. The dedication of the outlot to the City in lieu of park fees; phasing of the construction; and construction of the road in two phases. Construction of the westerly half of the road is proposed at this time and the remaining road to be constructed when landowner to the north of the proposed project is developed and that landowner participates in the remaining construction. Stoelting requested clarification with respect to the potential payment of park land fees Blake responded that if park land fees had to be paid in connection with the outlot, the preference would be for the homeowners in the development to retain the property and pay the fees. Assessments for each lot would be approximately$2,000. Franzen indicated Staff recommended approval of the proposed plan subject to the recommendations contained in the Staff Report. Russ Chance, 17091 Cedarcrest Drive, requested clarification on the future development of the property located to the east of the project and the amount of disruption caused by the I I COMMUNITY PLANNING BOARD MINUTES PAGE 4 FEBRUARY 14,2000 project. Gray indicated there would be disruption caused by the project and also by work the City would be doing in connection with the public utilities for Cedarcrest. The City had been working on preliminary plans for replacement of streets in Cedarcrest which could begin in 2000. Construction for water and sewer lines could begin in the summer of 2000. Noise and construction traffic would be generated by all of the projects. The owner of Cedarcrest Stables voiced opposition to the proposed project. Commissioners and Staff conducted a lengthy discussion with respect to the proposed outlot including park trails and access to Riley Creek and the dedication of the outlot to the City. Blake indicated the applicant's preference would be to have the future five homeowners own the outlot jointly. Construction of a monument at the location of the conservation easement on the bluff was briefly discussed. Blake indicated that a reasonable and appropriate monument could be constructed. Commissioners and Staff next conducted a lengthy discussion regarding the construction of the road serving the proposed project and required right-of-ways in connection therewith.. Gray indicated the plan consisted on a new road and trail for Cedarcrest Drive. and Staffs recommendation was contained in the Staff Report. The applicant had expressed a desire to construct a portion of the road and subdivision now and a second phase when the property to the north was developed. Staff believed the proposed project was too small to phase and recommended that the total project be developed at the same time. Blake related the applicant did not believe it should bear the cost for the construction of the entire road and trail. MOTION: Corneille moved, seconded by Lewis, to close the public hearing. Motion carried 7-0. Uram, in response to a question regarding the City's power of eminent domain, indicated that although the City did have the power of eminent domain, the applicant should negotiate an agreement with the respective owners of the property since right-of-way access could probably be obtained very reasonably. MOTION: Clinton moved, seconded by Lewis, recommend to the City Council approval of the Centex Homes request for Planned Unit Development Concept Review on 7.1 acres, Planned Unit Development District Review with waivers on 7.1 acres, Zoning District Change from Rural to R1-13.5 on 7.1 acres, and Preliminary Plat on 7.1 acres into 8 single- family lots, 1 outlot and road right-of-way, based on plans dated January 24, 2000, and subject to the applicant obtaining the necessary easements and right-of-way for the construction of Cedarcrest Drive to Shetland Road, the submission of detailed storm water runoff,utility and erosion control plans to be reviewed by the City Engineer and Watershed District, the installation of erosion control and tree protection fencing at the construction limits which shall be reviewed and approved by the City Engineer and City Forester, the payment of the cash park fees and the submission of a tree replacement surety for review, and subject to the Staff Report dated February 11, 2000. Motion carried 7-0. 1 CITY COUNCIL AGENDA DATE: 3/21/00 SECTION: Public Hearing SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R. Uram Lariat Center III 1 Krista Flemming Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for PUD Concept Amendment on 4 acres; and • Approve 1st Reading of the Ordinance for PUD District Review with waivers and Zoning Amendment within the C-Reg-Ser Zoning District on 4 acres; and • Adopt the Resolution for Preliminary Plat on 4 acres into 2 lots; and • Direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations (and Council conditions). Synopsis This is a 14,271 sq. ft., two-story building with office, retail, and restaurant uses. A waiver for a zero lot line setback to the existing structure and parking is requested. The site is located at 8335 Crystal View Road. The Community Planning Board voted 7-0 to recommend approval of the project to the City Council at the February 14,2000, meeting. Background Information: The project is part of the 1973 Preserve Commercial Park North(Area G) PUD approval and the 1990 PUD Amendment for the existing restaurant (now Chevy's). The original PUD and area within 1000 feet of the project include the restaurants, offices, and retail shops currently in this area. The 1990 PUD amendment granted approval of waivers to allow for joint access, parking and lot subdivision similar to those requested with this plan. This waiver request for a zero lot line setback to the existing structure and parking allows more room for the required wetland buffer. The Developer also submitted an acceptable TDM plan attached with the packet. Attachments 1. Resolution for PUD Concept Amendment 2. Resolution for Preliminary Plat 3. Staff Report dated February 11,2000 4. Community Planning Board Minutes dated February 14,2000 LARIAT CENTER III CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA. RESOLUTION NO. A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT AMENDMENT OF LARIAT CENTER III PUD FOR LARIAT COMPANIES,INC. WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD) Concept Amendment of certain areas located within the City; and, WHEREAS,the City Community Planning Board did conduct a public hearing on Lariat Center III PUD Concept Amendment by Lariat Companies, Inc., and considered their request for approval for development and recommended approval of the requests to the City Council; and, WHEREAS,the City Council did consider the request on March 21, 2000; NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Lariat Center III 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 Amendment approval as outlined in the plans dated February 25, 2000. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated February 14, 2000. ADOPTED by the.City Council of the City of Eden Prairie this 21st day of March, 2000. Jean Harris,Mayor ATTEST: Kathleen A. Porta, City Clerk Exhibit A Lariat Center III Legal Description: Lot 1,Block 1, THE PRESERVE COMMERCIAL PARK NORTH 2ND ADDITION, according to the recorded plat thereof,Hennepin County, Minnesota. F 3 LARIAT CENTER III CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2000- RESOLUTION APPROVING THE PRELIMINARY PLAT OF LARIAT CENTER III LARIAT COMPANIES,INC. BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of Lariat Center III for Lariat Companies, Inc., dated February 25, 2000, consisting of 4 acres into 2 lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden yrairie City Council on the 21st day of March, 2000. Jean L. Harris,Mayor ATTEST: Kathleen A. Porta, City Clerk "1 STAFF REPORT TO: Community Planning Board FROM: Krista R.Flemming, Planner I DATE: February 11,2000 SUBJECT: Lariat Center I I I APPLICANT/ OWNER: Lariat Companies, Inc. LOCATION: 8335 Crystal View Road REQUEST: 1. Planned Unit Development Concept Amendment on 4 acres 2. Planned Unit Development District Review with waivers on 4 acres 3. Zoning District Amendment in the C-Reg-Ser District on 4 acres 4. Site Plan Review on 4 acres 5. 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'Qv C� '?, rr1: a.' t77 7� l a7"C `r �'• 1 < r Qrr' � ,a �� .T 16) tl) i �12+Sa .�71 �:.+C, `.t,..�'u T1J. ' 1 �' JLY •. I > 1 .1 !�t r , nra <' 4= 1" a c3a) & a'$ S�, • J J . } "cJs ...i•\ 7r `:5 _ t l j tal-7o1 E�'c°� i= r_ Y y LA) moo,i � , f 7.r, � f• N ^ s- (3 0 Jra•car .k , 7�'• i ,.. •I z37/r a (2 ,,3 };7 ' litl° J 1 tilL Staff Report—Lariat Center February 11, 2000 BACKGROUND The project is part of the 1973 Preserve Commercial Park North (Area G) PUD approval and the 1990 PUD Amendment for the existing restaurant(now Chevy's). The original PUD included development of the restaurants, offices, and retail shops currently in this area. The PUD amendment granted approval of waivers to allow for joint access,parking and lot subdivision similar to those requested with this plan. The Comprehensive Guide Plan shows, this site guided as Regional Commercial and zoned C-Reg-Ser. Surrounding land uses consist of various commercial/office uses with apai liiients on southwest side of Prairie Center Drive. SITE PLAN The plan shows a two-story, 14,271 square foot commercial/office building. First Floor Second Floor • 2,096 sq. ft.restaurant • 7,024 sq. ft. office • 842 sq. ft.retail • 4,309 sq. ft. office The site meets Code with a base area ratio at .11 and floor area ratio at .22. The amount of parking shown and required by Code is 90 spaces. The setbacks for the proposed building and parking meet City Code. A waiver for a zero lot line setback to the existing structure and parking is requested. This waiver allows more room for the required wetland buffer. PRELIMINARY PLAT The preliminary plat is four acres subdivided into two lots. Lot 1 is 1.46, and Lot 2 is 2.54. Both lots meet City code for lot size. A cross access easement is shown with the adjacent property as was approved as part of the original PUD concept. GRADING AND DRAINAGE There are no significant trees on site. A NURP pond is proposed for the southeast corner of the site. UTILITIES Sanitary sewer and water will serve the site from both Prairie Center.Drive and Commonwealth Drive. LANDSCAPING The amount of landscaping required is 45 caliper inches. The plan shows 79 caliper inches. 2 Staff Report—Lariat Center February 11,2000 SIDEWALKS A 5' wide concrete sidewalk will be constructed along Commonwealth Drive. ARCHITECTURE The building is 29 feet tall and meets the 75% face brick and glass requirement. The parapet wall will screen the rooftop mechanical equipment. An exterior trash enclosure is proposed in the northeast corner of the site. Parking lot lighting will consist of 20-foot high downcast cutoff shoebox fixtures due to the adjacent residential land use. WETLANDS There is one wetland classified as "low quality". A conservation easement is required over the wetland and its buffer strip of 25 feet. TRAFFIC Lariat Companies submitted an acceptable Traffic Demand Management Plan. The Major Center roadways have adequate capacity to handle this additional trip generation. STAFF RECOMMENDATION Staff recommends approval of the following: • Planned Unit Development Concept Amendment on 4 acres • Planned Unit Development District Review with waivers on 4 acres • Zoning District Amendment in the C-Reg-Ser District on 4 acres • Site Plan Review on 4 acres • Preliminary Plat on 4 acres into 2 lots This is subject to the recommendations of this Staff Report, and the following: • 1. Prior to City Council review,proponent shall: A. Provide exterior elevations and materials information for the trash enclosure. 2. Prior to Final Plat approval, the proponent shall submit detailed storm water runoff, utility and erosion control plans for review by the City Engineer and Watershed District. Staff Report—Lariat Center February 11,2000 3. Prior to grading permit issuance, the proponent shall install erosion control and tree protection fencing at the grading limits of the property for review and approval by the City Engineer and City Forester. 4. Prior to Building permit issuance,the proponent shall: A. Meet with the Fire Marshal to go over fire code requirements. B. Submit samples of exterior building materials for review. • C. Submit a landscaping and tree replacement bond for review. D. Submit a wetland bond for review. E. Submit a traffic demand management bond for review. 5. The following waivers from the City code are granted as part of the Planned Unit Development District review in the C-Reg-Ser Zoning District: • Rear yard structure and parking setback from 10 feet to 0 feet • COMMUNITY PLANNING BOARD MINUTES PAGE 5 FEBRUARY 14,2000 C. LARIAT CENTER III by Lariat Companies, Inc.. Request for Planned Unit Development Concept Amendment on 4 acres, Planned Unit Development District Review with waivers on 4 acres, Zoning District Amendment within the C-Reg-Ser Zoning District on 4 acres, Site Plan Review on 4 acres, and Preliminary Plan on 4 acres into 2 lots. Location: 8443 Joiner Way. Mike Shields, architect for the applicant, provided a brief overview of the proposed plan, which consisted of a 14,000 s.f., two-story office building with a restaurant and retail located on the first floor. Staff recommends approval of the project. Koenig asked if parking would be sufficient for the site. Franzen indicated most of the complex consisted of office space and parking would be sufficient. MOTION: Lewis moved, seconded by Cofer, to close the public hearing. Motion carried 7-0. MOTION: Lewis moved, seconded by Koenig, to recommend to the City Council approval of the request of Lariat Companies, Inc. request for Planned Unit Development Concept Amendment on 4 acres, Planned Unit Development District Review with waivers on 4 acres, Zoning District Amendment within the C-Reg-Ser Zoning District on 4 acres, Site Plan Review on 4 acres, and Preliminary Plan on 4 acres into 2 lots, based on plans dated February 11, 2000, and subject to the recommendations of the Staff Report dated February 11, 2000. Motion carried 7-0. VI. PUBLIC MEETING • VII. MEMBERS' REPORTS VIII.CONTINUING BUSINESS IX. NEW BUSINESS X. PLANNERS' REPORTS XI. ADJOURNMENT MOTION: Clinton moved, seconded by Corneille, to adjourn the meeting. Motion carried 7-0. The meeting was adjourned at 8:25 p.m. CITY COUNCIL.AGENDA DATE: 3/21/00 SECTION: Public Hearing SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R.Uram Target Expansion Michael D. Franzen Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for PUD Concept Amendment on 87.13 acres; and • Approve 1st Reading of the Ordinance for PUD District Review with waivers and Zoning Amendment within the C-Reg-Ser Zoning District on 8 acres; and • Adopt the Resolution for Preliminary Plat on 57 acres into 2 lots; and • Direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations (and Council conditions); and • Direct Staff to issue a land alteration permit and footings and foundation permit to Dayton Hudson Corporation to proceed with construction at their own risk. Synopsis This is a 41,670 sq. ft. building expansion and parking lot improvements. The site is located on Flying Cloud Drive at the Eden Prairie Center. The expansion was depicted as part of a larger phasing plan presented by General Growth Properties during the Eden Prairie Mall Theatre and Von Maur approvals in 1999. The site plan is consistent with the phasing plan. The Community Planning Board voted 6-0 to recommend approval of the project, including waivers for setbacks, exterior materials and signs, to the City Council at the February 28, 2000, meeting. The recommendation included plan changes for landscaping, decorative lights, signs, and cart corals to be completed prior to City Council review. The plans have been revised according to the Community Planning Board recommendation. Background Information: The project requires the following waivers: • A zero lot line building setback since the east wall of the Target store abuts the mall. • A zero lot line setback to parking. • To permit signs on the north elevation from 300 sf.to 544.5 sf. and on the west elevation from 300 sf. to 489 sf. • Exterior materials from 75%face brick and glass to 59.52% The building and parking setback waivers have been granted for other building and parking areas as part of the Eden Prairie Mall. The staff can support the sign waiver based on the following conditions. • No wall signs on the south elevation. • The west wall sign shall be limited to 355.5 sf. • The north wall signs shall be limited to 544.5 sf. • Total wall signs for the three elevations shall not exceed 900 sf. The staff can support the exterior material waiver based on the following conditions. • The exterior materials for all elevations of existing and proposed stores at the mall is 78.49% • The use of different materials colors, and vertical and horizontal relief created a better design. • The plaza in front of the building uses City light fixtures consistent with the Market Center plan. In an effort to coincide with General Growth's construction schedule of the Eden Prairie Center, Dayton Hudson is requesting an early land alteration permit and footings and foundation permit. Attachments 1. Resolution for PUD Concept Amendment 2. Resolution for Preliminary Plat 3. Staff Report dated February 25, 2000 4. Community Planning Board Minutes dated February 28,2000 5. Letter requesting early land alteration permit and footings and foundation permit TARGET EXPANSION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT AMENDMENT OF THE TARGET EXPANSION FOR DAYTON HUDSON CORPORATION AND GENERAL GROWTH PROPERTIES WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD) Concept Amendment of certain areas located within the City; and, WHEREAS, the City Community Planning Board did conduct a public hearing on the Target Expansion PUD Concept Amendment by Dayton Hudson Corporation and General Growth Properties, and considered their request for approval for development and recommended approval of the requests to the City Council; and, WHEREAS,the City Council did consider the request on March 21, 2000; NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Target Expansion 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 Amendment approval as outlined in the plans dated March 9, 2000. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated February 28, 2000. ADOPTED by the City Council of the City of Eden Prairie this 21st day of March, 2000. Jean Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk EXIT A Target Expansion Legal Description: Lot 1,Block 1, Eden Prairie Center 4th Addition, according to the recorded plat thereof, Hennepin County,Minnesota AND Lot 2,Block 1, Eden Prairie Center 8th Addition, according to the recorded plat thereof, Hennepin County,Minnesota. TARGET EXPANSION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2000- RESOLUTION APPROVING THE PRELIMINARY PLAT OF TARGET EXPANSION FOR DAYTON HUDSON CORPORATION AND GENERAL GROWTH PROPERTIES BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of Target Expansion for Dayton Hudson Corporation and General Growth Properties, dated March 9, 2000, consisting of 57 acres into 2 lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 21st day of March, 2000. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk 5 • • STAFF REPORT TO: Community Planning Board FROM: Michael D. Franzen, City Planner DATE: August 20, 1999 SUBJECT: Target Expansion APPLICANT: Dayton Hudson Corporation FEE OWNER: Dayton Hudson Corporation and General Growth Properties LOCATION: West Side of Eden Prairie Mall REQUEST: 1. Planned Unit Development Concept Amendment on 87.13 acres. 2. Planned Unit Development District Review on 8 acres. 3. Zoning District Amendment in the Regional Commercial Zoning District on 8 acres. 4. Site Plan Review on 8 acres. 5. Preliminary Plat of 57 acres into 2 lots • •_ IHDLEWOLD uEw.L a«oro n�v - w +iv - fir•,, N ROi trv, ��'Q- =a +V -.. 11 {may. `17 S'•os - / �n• • 9y�• 7I!► •W I *� rlw�:'R'«'.fR \ C \ i ice,$ �. ` ... > a I •.�j a ( ' I "' am `•fir 321 1II Ti; .- ,+►` i.9 „il E 1 7.•> T .�.t; _.a a Ha' a .f WI IN i •:11 + Sf�p 1 'ti'• V. 3 u!1 •- :• E ' 13= lia .•, j.6 1••• yr w lEONA n.' 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Sit ��' ,� 4.I, 131 C S jam^a ��r¢A 3• .1 .3`• tko• �`�ce4 sas r•r r• Y :511, I:.) �• 41, .74 ' ! r. • ...�I• •r 1• .r••. .Al .--•«r« «l7. t13) 114 uy ta11440 .`a., t33 '%' . . r. n n : (• '- �. to ^ ..."'w. L-'1.9 rye,+ITl�r•{', f"i•'�iI.n_ =Snl7 ,5 ISI®Sil ,o� _°71 ..1.. 1 w ! . - it... 1 z4�t ./•u ISHANl-- 'f�'.r�,7'•7.'" tag <+ } co '..a.—A, t. .4. , /'— —', r err.11'1:... tag WWW---"' :. i/ [.'•.rt. }tNY+j NY•T • • Staff Report • Target Expansion February 25,2000 BACKGROUND The site is guided regional commercial. The site is zoned regional commercial. SITE PLAN Target is proposing a 41,670 square foot building addition. ' The plan meets parking requirements. Total parking provided for the mall and the department stores is at a ratio of 4.96 spaces per 1,000 sf. The mall and department stores were approved in 1996 for a parking ratio of 4.5 spaces per 1,000 sf. PLANNED UNIT DEVELOPMENT WAIVERS The project requires the following waivers: • A zero lot line building setback since the east wall of the Target store abuts the mall. • A zero lot line setback to parking. • To permit signs on the north elevation from 300 sf. to 544.5 sf. and on the west elevation from 300 sf.to 489 sf. • Exterior materials from 75%face brick and glass to 59.52% • The building and parking setback waivers have been granted for other building and parking areas as part of the Eden Prairie Mall. The maximum sign area per wall is 300 sf. The proposed waiver to transfer sign area from one wall to another is similar to Home Depot. Home Depot has 565.13 sf on the front elevation. The,staff can support the sign waiver based on the following conditions. • No wall signs on the south elevation. • The west wall sign shall be limited to 355.5 sf. • The north wall signs shall be limited to 544.5 sf. • Total wall signs for the three elevations shall not exceed 900 sf. The staff can support the exterior material waiver based on the following conditions. • The exterior materials for all elevations of existing and proposed stores at the mall is 78.49% • • Staff Report Target Expansion February 25,2000 • The use of different materials colors, and vertical and horizontal relief created a better design. • The plaza in front of the building uses City light fixtures consistent with the Market Center plan. ARCHITECTURE The building addition is 59.52% brick and glass. LANDSCAPING • The amount of landscaping required is 130 inches. The landscape plan meets this,requirement. The existing trees removed in the parking lot are replaced on a tree per tree basis. Planting islands are required where necessary to visually break up expanses of hard surface parking areas, for safe and efficient traffic movement and to define rows of parking. The landscape plan provides 7% planting islands, which exceeds the code minimum of 5%. However, this does not visually break up the expanse of hard surface. The staff recommends additional planting islands where shown on the Attachment A. The plaza in front of the Target store requires needs additional decorative lights and plantings in order to be consistent with requirements for Von Maur and the theaters. See Attachment B. • A plan is needed for cart corrals in the parking lot. The City standard is shown on Attachment C. UTILITIES Sewer and water service is available on site. Neil Lake is the treatment pond for the mall. STAFF RECOMMENDATIONS The Staff recommends approval of the PUD Concept Amendment on 87.13 acres, PUD District Review with waivers on 8 acres, Zoning District Amendment in the Regional Commercial:District on 8 acres, Site Plan Review on 8 acres, and Preliminary Plat of 57 acres into two lots based on plans dated February 14, 2000 and subject to the recommendations of the Staff Report dated February 25, 2000 and subject to the following conditions: • • Staff Report Target Expansion February 25,2000 • 1. Prior to City Council review, the proponent shall revise the landscape plan to include planting islands, cart corrals, and decorative lights and landscaping in front of the store according to the attached exhibits. Revise the sign plan for the west elevation for a maximum size of 355.5 sf. 2. Prior to building permit issuance the proponent shall: • A. Submit detailed storm water runoff, utility and erosion control plans for review • by the Watershed District. B. Submit detailed storm water runoff, utility and erosion control plans for review by the City Engineer. C Meet with the Fire Marshal to go over fire code requirements. D. Submit samples of exterior building materials for review. E. Submit a landscaping and screening bond for review. 3. The following plan unit development waivers are granted: • Zero lot building setback • Zero lot line parking setback. • Signs on the north elevation from 300 sf.to 544.5 sf. • Signs on the west elevation from 300 sf. to 355.5 sf. • Exterior materials waiver from 75%face brick and glass to 59.52% sf. f • 10 • • • OMff NUM o Au i I —\\ X 1 L I . N_ y !n NIP".I ♦ — a` • it --- 4 ..�NlOIRtlUNC RM6/V(NViIAMYM a6ME1J 1 !..` • ;iq I \\ i �_ 1.1,4:5, L. C3.... ..c6\v... . 4 *,i gA --\ ��4 lip 'a.4..•• _� .1 or, Iik., ' g fr r• \ 0 2 _......__ 1 ' l.:_., _._-! - -- -. - - -- - __ -' /.11- • Ii es 4 A `-v► 1 * I /1 i• i to / F, i �./ r 1 ...'••vr /.16)// % 0 . 7 ...--- --- . 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Request for Planned Unit Development Concept Amendment on 87.13 acres, Planned Unit Development District Review with waivers on 8.0 acres,Zoning District Amendment within the C- Reg-Ser Zoning District on 8.0 acres, Site Plan Review on 8.0 acres, and Preliminary Plat on 57 acres into 2 lots. Located Flying Cloud Drive at Eden Prairie Center. Bill Austin, General Growth Properties, provided a brief overview of the Target expansion and its impact on the Eden Prairie Center. He also provided an update of the expansion of the Eden Prairie Center in general. Austin indicated agreement with the Staff Report. Jim Tucker, Real Estate Manager, Dayton Corporation, indicated the Target store would be expanded to a Greatland store, which would include an expansion to the existing store of approximately 40,000 s.f. Foote asked how the proposed Greatland store compared to others in the area. Tucker indicated the store would be somewhat larger. Cofer asked if business would be interrupted during the expansion. Tucker responded there would be some interruptions. The project would take approximately one year to complete. Stoelting requested information on improvements for the parking lot. Tucker reviewed plans for the parking area and improved traffic flow. Foote asked if parking spaces would be added. Austin indicated the number of parking spaces would be approximately the same but the design of the parking lot would be more efficient. In response to a question by Stoelting regarding signage, David Pederson, Architect at Dayton Corporation, indicated signs would be erected on three sides of the building. Total signage would be approximately 900 s.f. Clinton asked representatives of General Growth for an update on the Eden Prairie Center renovations. Austin indicated renovation was progressing but due to the weather, had been somewhat slow. Expectation that with warmer weather in the near future, renovations would progress more rapidly. He also provided a brief update on interior renovations. Leasing in the Center was going very well. Foote asked if tenants who had vacated the Center would be returning. Austin indicated some tenants would be returning. Staff recommends approval based on page 4 of the Staff Report. MOTION: Clinton moved, seconded by Corneille,to close the public hearing. Motion carried 6- 0. MOTION: Clinton moved, seconded by Koenig, to recommend to the City Council approval of the request of Dayton Hudson Corporation and General Growth Properties, request for Planned Unit Development Concept Amendment on 87.13 acres, Planned Unit Development District Review with waivers on 8.0 acres, Zoning District Amendment within the C-Reg-Ser Zoning District on 8.0 acres, Site Plan Review on 8.0 acres, and Preliminary Plat on 57 acres into 2 lots, based on plans dated February 14, 2000, and subject to the recommendations of the Staff Report dated February 25,2000. Motion carried 6-0. �Li ,P"....* . . - Engineering - Planning Surveying Landscape Architecture K[7USYSTO LTD • • . . .. Revised March 14,-2000 • • • . •• . . . - • • • •' •• . Michael Franzen City'of Eden Prairie: . • . • : 8080 Mitchell Road. . 0 • • . • •Eden Prairie,MN 55344 . Re:. Eden Prsurie•Mall • • • . . Target Expansion and Parking . . - • .BLIC File No.200Q-113-M . ' • • - . On behalf-of Target,please accept the attached plans and narrative with a revision date of March • . . • . • • . • 8,2000_ The narrative and plan sets are for the City's'approval and are•to be included in the City.: . • • • • Council package for•March 21,2.000. • . 'Target is requesting the following from the'City with this revised set of plans: . • •• • •• Preliminary Plat approval • . . • •• •. - • • • • Site Plan approval • • •• • • PUI�Review for ' • • ••' -Zero lot line setback . • • , •, - -Wall signage for two•facades'within allowable square footage. .• . . • • . • •• • Footing and foundation permit . . ' • • • •. • 'Special hours of construction 7:00pm to 6:00am •. •. . .• . •• . . • •• ••A land alteration permit..•• • • • •Thank you for your assistance in reviewing these plans. Target looks'forward to the March 21,, . • : . . 2000,City Council Meeting.Please do not hesitate to contact either James"Tucker at(6121.7617. ' •'1557 or.John Dietrich at(612)933-0972. •• . . . . Sincerely,, . • . • . - . . . .. • . . • •RLT-Kuusisto,Ltd. • . ' . ' • • .: ' : 46-.01=aliDeafg .71 • ' . • • John Dietrich,ASLA . • . ..• . . . •• . . . • •• • .• Principal Landscape Architect. • . • • • • - - • • Cc_ James Tucker,Target Corporation • - ' - • • - • Bill Moston,General Growth . . • . Dean Bailey,Dean Bailey Associates,Inc. . . • . - . • Tracy Brown,National Survey • • • : • . Dave Pederson,Target Corporation • Office?*: • Minnetonka • St.Paul - Twin Potts (612)933-0972 • 6110 Blue Circle Drive • Suite 100 • Minnetonka,MN 55343 • FAX(612)933-1153 '� Z000 WSISi111DI-rni CSTTCC6ZT9 YV3 TT:9T 00/tT/C0 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 03-21-2000 SECTION: PUBLIC HEARINGS In ITEM NO. DEPARTMENT: ITEM DESCRIPTION: Community Development Don Uram PERKINS SUBDIVISION Michael D. Franzen Requested Action Move to: • Deny the Amendment to Developer's Agreement for Perkins Subdivision Synopsis James and Raynelle Perkins want to amend that certain Developer's Agreement entered into on or about August 3, 1999 between the City of Eden Prairie and James and Raynelle Perkins with respect to Bryant Lake Heights. The request would amend Exhibit C, paragraph XIII of the Developer's Agreement by allowing issuance of a building permit for Lot 3, Block 1, Bryant Lake Heights and construction of a driveway across Lot 1,Block 1,to Lot 2,Block 1,Bryant Lake Heights without removal of all structures on Lot 2,Block 1. This is a contract matter and as such the decision need only be by majority and findings are not necessary. Background The City Council approved the attached 1999 developer agreement and final plat subdividing the property into three lots on the basis that the 1999 plan was better than the 1989 plan for the following reasons: • Tree loss is the same. • The plan has greater building setbacks to the lake than the two existing houses. • The existing home on Lot 1 would be removed. • The existing house on Lot 2 would be removed. • The tennis court on Lot 3 would be removed • The new homes on Lot 1 and Lot 3 would meet the required 100-foot shoreland setback. • The setback for the new home on Lot 2 would increase from 40 to 75 feet from the lake. • The new drain fields are farther away from the lake. If the existing house on Lot 2 remains in its present location the differences between the 1999 approved plan and the 1989 plan are as follows. • Tree loss is the same. • The existing home on Lot 1 would be removed • The tennis court on Lot 3 would be removed. • The new homes on Lot 1 and Lot 3 would meet the required 100-foot shoreland setback. • The new drain fields are farther away from the lake. • The existing house on Lot 2 would remain at a 40-foot setback from the lake. Staff Recommendations The staff would recommend that the City Council deny the proposed amendment to that certain Developer's Agreement dated August 3, 1999 between the City of Eden Prairie and James and Raynelle Perkins based on following reasons. 1. The City approved the subdivision and granted waivers from the City Code on the basis that the proposed 1999 subdivision was better than the approved 1989 subdivision, since the existing houses that did not meet the 100 foot shoreland setback would be removed. 2. The City approved the subdivision and granted waivers from the City Code on the basis that the proposed 1999 subdivision resulted in a plan with new homes located farther from the lake thereby reducing the visual impact on the lake. However,in the event the City Council would chose to approve the amendment to the developer agreement, the following would be reasons for approval. 1. Tree loss is the same. 2. The existing home on Lot 1 would be removed 3. The tennis court on Lot 3 would be removed.. 4. The new homes on Lot 1 and Lot 3 would meet the required 100-foot shoreland setback. 5. The new drain fields are farther away from the lake. 6. The existing house on Lot 2 would remain at a 40-foot setback from the lake as compared 75 feet. Attachments 1. Developer's Agreement dated August 3, 1999 2. Preliminary Plat and plans marked Exhibit B 3. Final Plat c (4) / c I .i s•• c 1 ,c 2.r.":137. _ r r,.. 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Niplucip�\\•1 1 \1 a \W \\ oil , „cis fo, / * rl \ \\I( . 11/1 V p/7„ /E ���n. fif w /it/�li � 1 1 \w• \� f.7. , - g/' �/'\� / 111 i 1 i / r = \ .J 1 I 7 i 7 1 //1 / , itte .e______,,l,- Ill "l �u ° // I I � /tl / iii � � • m / ji/ i// /b% a' jij�%; // ' / / �// -/ , / c..y r/P 17/,///42. ,/ ...- 11,..„, gli / / ,'/ ii I r 0// //t r 410 ' .12 / / 'CI' I )j/%// • f 1'w is / a • DEVELOPER AGREEMENT PERKINS SUBDIVISION THIS AGREEMENT is entered into as of August 3, 1999,by James and Raynell Perkins, husband and wife,hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: • WHEREAS,Developer has applied to City for Preliminary Plat of 3 acres into a 3.lot single family subdivision with variances approved by the City Council upon review of the decision of the Board of Adjustments and Appeals, all on 3 acres legally described on Exhibit A(the "Property"); NOW, THEREFORE,in consideration of the City adopting Resolution No. 996g for Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer agrees to develop the Property in conformance with the materials revised and dated January 19, 1999,reviewed and approved by the City Council on March 2, 1999, and attached hereto as Exhibit B, subject to such changes and modifications as,provided herein. 2. EXHIBIT C: Developer agrees to the terms,covenants, agreements, and conditions set forth in Exhibit C. • 3. GRADING,DRAINAGE,AND EROSION CONTROL PLANS: • A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in Exhibit B 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 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. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved 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 grading 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. Developer shall provide preconstruction and post construction surveys for evaluation by City. 4. PRIVATE DRIVEWAY: Prior to the release of any final plat for the Property, Developer shall submit to the City Engineer and receive the City Engineer's written approval of a reciprocal,joint access and maintenance agreement for the shared private driveway. Prior to the release by the City of any final plat for the Property, Developer shall submit proof to the City Engineer that the approved reciprocal, joint access, maintenance and use agreement for the shared private driveway has been filed against the Property with the Hennepin County Recorder's/Registrar of Titles' Office. 5. SANITARY SEWER EASEMENT, MAINTENANCE AND USE AGREEMENT: Prior to the release of any final plat for the Property, Developer shall submit to the City Engineer and receive the City Engineer's written approval of a sanitary sewer easement, maintenance and use agreement for the shared private sanitary sewer system. All sanitary sewer facilities shall be privately owned and maintained. Prior to the release by the City of any final plat for the Property,Developer shall submit proof to the City Engineer that the approved sanitary sewer easement, maintenance and use agreement for the shared private sanitary sewer system has been filed against the Property with the Hennepin County Recorder's/Registrar of Titles' Office. 6. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of any final plat for Property, Developer agrees to sign an assessment agreement with the City for trunk sewer and water assessments for an assessable area of 3.02 acres at the rate then in effect. 9 • 7. REMOVAL/SEALING OF EXISTING WELL AND SEPTIC SYSTEMS: Prior to issuance by City of any permit for grading or building on the Property,Developer agrees to submit to the Chief Building Official and to obtain the Chief Building Official's written approval of plans for demolition and removal of existing septic systems and wells on the Property, and restoration of the Property. Prior to such demolition or removal, Developer shall provide to the City a deposit in the amount of$ to guarantee that Developer completes implementation of the approved plan. The city agrees to return to Developer the $ deposit at such time as the Chief Building Official has verified in writing that the Developer has completed implementation of the approved plan. 8. 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 Exhibit B. 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 agrees to 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. 9. TREE LOSS -TREE REPLACEMENT: There are 1,501 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 516 diameter inches. Tree replacement required are 226 caliper inches. Prior to the issuance of any grading permit for the Property,Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 226 caliper inches. This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein, Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Developer agrees to complete implementation of the approved tree replacement plan prior to building permit issuance. • 10. VARIANCES: Developer agrees to the develop the Property in accordance with the • following variances granted by the City. 10 • Code Requirement Variances Lot i Lot 2 Lot 3 5 acre without sewer and water 1.2 acres 1.18 acres .62 acres 300-foot lot width at building line 220 feet 170 feet 120 feet 150-foot lot width at OHW Meets req. Meets req. 145 feet 100-foot setback from OHW Meets req. 75 feet Meets req. 90-foot street frontage; 55 feet on cul-de-sac 25 feet 0 feet 45 feet Frontage on public street Meets req. 0 feet Meets req. Alteration or structure within 50 foot shore impact zone Grading Grading Grading 11. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer agrees to 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. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. DEVELOPER OF ED pRAIRIE ame• Perkins L. Harris, Mayor Ra 3 e i Perkins Christoph . Enger, Ci a r STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this .3 .°`day of agitez-Y , 19,, by Jean L. Harris and Christopher M. Enger,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. 4./.9;& No Public KATHLEEN A PORTA R NOTARY PUBLIC—MINNESOTA STATE OF MINNESOTA ''` My commission expires 013100 )SS. ��4r ..✓�... +.esw.a..y�.w....�. COUNTY OF HENNEPIN ) 41 The f oing instrument s acknowledged fore me this23 day of ` , 19_, Y b t �J h`�l�band and wife. Notary Publi CHYRL B. NSON t i� NOTARY PUBLIC TA �' M9 Commission Egkes '' EXHIBIT A Project Name: Perkins Subdivision. Legal Description: Tract A,B, C Registered Land Survey 1371 • t3 DEVELOPER'S AGREEMENT EDIT C 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 $ per acre/unit. The amount to be paid by Developer shall be increased or decreased to the extent that the City Code is amended or supplemented to require a greater or lesser amount as of the date of the issuance of any building permit for construction on the Property. IV. If Developer fads to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Developer's Agreement 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. Developer represents that it has marketable fee title to the Property, except: INSERT ANY NAME/COMPANY LISTED IN ANY OWNER'S SUPPLEMENT TO THE DEVELOPER'S AGREEMENT) With respect,to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), 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 release of the final plat,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. SS 9601, et. seq.,or Minn. Stat., Sec. 115B.01, et. seq. (such substances,wastes,pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have,in or on the Property, any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations 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. VII. 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. • VIII. 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. IX. 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. X. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees, therefore,that in the event Developer violates, fails,or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant,withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other 15 remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XI. Developer shall,prior to the commencement of any improvements,provide written notice to Paragon 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 Paragon Cable, 801 Plymouth Avenue North, Minneapolis,Minnesota 55411. XII. 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. XIII. 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. XIV. 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. XV. 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. 16 EDIT D EROSION CONTROL POLICY August 1, 1997 1. 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 procedure's 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. All erosion control systems must be maintained by the applicant 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 by power 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: 11 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.l%.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 may be 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. • _ r Owner's Signature Applicant's Signature giAL...„., Tit a Date: i Tirth1L Date: .7/70Y 1$ DEVELOPMENT NAME: Lot: Block: OWNER INFORMATION OWNER(PRINT): ADDRESS CITY STATE ZIP CITY COUNCIL AGENDA SECTION: Public Hearing DATE: March 21,2000 SERVICE AREA: ITEM DESCRIPTION: ITEM NO. Community Development 2000 Community Development &Financial Services: Block Grant Funding(CDBG) -111- G-, Don Uram Recommendations David Lindahl Requested Action: Approve CDBG funding for the following list of activities as reviewed and recommended by the new Human Services Committee at their February 14 meeting: Human Services Level Priority 1. Greater MPLS Day Care Association(Day Care Subsidy) $ 25,000 High 2. Household& Outside Maintenance for Elderly(HOME) $ 10,067 High 3. Homeline&Mortgage Foreclosure Prevention Program $ 4,000 High Sub Total $ 39,067 Housing Level 4. Housing Rehabilitation Deferred Loan Program $ 50,000 High 5. Affordable Rental Housing Land Acquisition $155,302 High Sub Total $205,302 Grand Total $244,369 Synopsis: The 2000 Community Development Block Grant entitlement is $244,369, and will be available beginning in July 2000. The Committee considered priorities established by Hennepin County in developing their recommendations. These priorities are as follows: Affordable Housing - High Priority(including rental, ownership, and rehab) Public Service - High- 15%maximum of total entitlement Community Development - Low Priority(unless related to housing) Background: The Human Services Review Committee was established by the City Manager in January 2000 to ensure that the City utilized a cross-functional approach to address the evolving human service needs of the community. The Committee is made up of staff members responsible for human service design, support and delivery and Eden Prairie Resource Center Advisory Committee representatives. The Committee deals with a variety of human service issues including program funding review and allocation,program design, service level review and intergovernmental service collaboration. Supplemental Information: See the table on the following page for a complete review of this year's CDBG proposal. 2000 Community Development Block Grant(CDBG)Proposals Activity Agency/Contact Request Purpose Clients Served Child Care Subsidy Greater MPLS $25,000 Provide child day care assistance to The City's funding will help Day Care Ass. lower-income families in Eden Prairie keep the waiting list to a who are working/training a minimum minimum in 2000. of 25 hours per week.The City has been funding this activity since 1986. Household& Senior $ 10,067 Provide maintenance and chore 34 households were served in Outside Community service to persons 60 and older.The 1999. Maintenance for Services City has been funding this activity Elderly(HOME) since 1982. Homeline& Community $4,000 Provide tenant information and Home-line received about 133 Mortgage Action for advocacy through a hotline to help calls from EP tenants in 1999. Foreclosure Suburban resolve tenant-landlord problems. Prevention Hennepin They provide homeownership and Programs foreclosure prevention counseling. Housing City of EP HRA $50,000 Provide low-interest deferred loans of 5 clients were served in 1999- Rehabilitation up to$15,000 to eligible residents for some of these applications are Deferred Loan home improvements.The loans are still active. Program recovered when the recipients sell their homes.The program has been funded since 1975. Affordable Rental City of EP HRA $155,302 Provide affordable rental housing to Housing-Land lower-income residents and workers. Acquisition The funds will be used to underwrite affordable rental projects in Eden Prairie. Totals 244,369 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO 00- RESOLUTION APPROVING USE OF FUNDS FOR 2000 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WHEREAS,the City of Eden Prairie,through execution of a Joint Cooperation Agreement with Hennepin County,is a cooperating unit in the Urban Hennepin County Community Development Block Grant Program; and WHEREAS, the City of Eden Prairie has developed a proposal for the use of urban Hennepin County CDBG funds made available to it,following a public hearing on March 7,2000 to obtain the views of citizens on local and Urban Hennepin County housing and community development needs and priorities the City's proposed use of$244,369 for the 2000 Community Development Block Grant Program; and BE IT RESOLVED that the City Council of the City of Eden Prairie approves the following projects for funding from the Urban Hennepin County Community Development Block Grant program and authorizes submittal of the proposal to Hennepin County for review and inclusion in the 2000 Urban Hennepin County Community Development Block Grant Program. PROJECTS BUDGET Child Care Initiatives $ 25,000 Household and Outside Maintenance for Elderly(HOME) $ 10,067 HOMELIKE suburban advocacy/foreclosure prevention $ 4,000 Rehabilitation $ 50,000 Rental Housing Project $155,302 TOTAL $244,369 ADOPTED by the City Council of the City of Eden Prairie this 21st day of March 2000. Jean L.Harris,Mayor ATTEST; Kathleen A.Porta, City Clerk 3 CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims March 21,2000 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development and Payment of Claims Financial Services/Don Uram V((( Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 85015-85366 Background Information Attachments t COUNCIL CHECK SUMMARY 14-MAR-2000 (13:41) DIVISION TOTAL • N/A $9.17 LEGISLATIVE $2,111.68 LEGAL COUNSEL -$200.00 CUSTOMER SERVICE $4,518.05 BENEFITS $7,788.50 TECHNOLOGY $15,993.79 FINANCE $5,063.73 HUMAN RESOURCES $8,821.18 COMMUNICATIONS $7,297.65 CITY CLERK $18.20 RISK MANAGEMENT $660.38 WIRELESS COMMUNICATION $16,578.29 • ENGINEERING $642.31 INSPECTIONS $158.45 FACILITIES $1,352.90 ASSESSING $6,515.06 POLICE $27,158.86 FIRE $8,457.64 ANIMAL CONTROL $430.00 PARK ADMIN $2,528.24 STREETS/TRAFFIC $6,614.86 PARK MAINTENANCE $4,002.51 STREET LIGHTING ' $752.17 FLEET SERVICES $14,303.00 ORGANIZED ATHLETICS $3,109.00 COMMUNITY DEV $1,328.75. COMMUNITY CENTER $6,961.83 • YOUTH RECREATION $530.00 SPECIAL EVENTS $3,914.59 ADULT RECREATION $1,618.84 RECREATION ADMIN $59.68 ADAPTIVE REC $400.00 OAK POINT POOL $161.90 ARTS $370.77 PARK FACILITIES $550.15 PUBLIC IMPROV PROJ $102,241.55 DEBT SERVICE PAYMENTS $5,450.55 EMPLOYEE PAYROLL DEDUCTIONS $135,525.37 CITY CENTER $2,013.31 SPECIAL REVENUE FUNDS $1,662.50 PRAIRIE VILLAGE $18,742.61 PRAIRIEVIEW $34,835.12 CUB FOODS $50,870.58 WATER DEPT $68,282.50 SEWER DEPT $189,781.62 STORM DRAINAGE $526.47 AGENCY FUNDS $1,500.00 EQUIPMENT $23,387.16 $795,401.47* COUNCIL CHECK REGISrBtt 14-MAR-2000 (13 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 85015 $48.00 BCA CJIS ID UNIT PROFESSIONAL SERVICES FINANCE DEPT 85016 $765.00 BREHM GROUP INC, THE HOSPITALIZATION INS BENEFITS 85017 $144.85 FIREHOUSE MAGAZINE DUES & SUBSCRIPTIONS FIRE 85018 $5,184.40 EAST SIDE BEVERAGE COMPANY BEER 6/12 PRAIRE VIEW LIQUOR #3 85019 $1,186.43 GRIGGS COOPER & CO MISC NON-TAXABLE LIQUOR STORE CUB FOODS 85020 $1,704.97 JOHNSON BROTHERS LIQUOR CO MERCHANDISE FOR RESALE LIQUOR STORE CUB FOODS 85021 $2,221.65 THORPE DISTRIBUTING BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 85022 $22,50 BOE, HOLLY LESSONS/CLASSES OAK POINT LESSONS 85023 $22.50 BRANDT, BARB LESSONS/CLASSES OAK POINT LESSONS 85024 $32.00 BURKE, LAUREL ADULT/YOUTH/OUTDOOR CTR PROG WINTER SKILL DEVELOP 85025 $7.50 CALLISTER, DAVID LESSONS/CLASSES OAK POINT LESSONS 85026 $160.00 CARLSTEDT, KENNA LESSONS/CLASSES POOL LESSONS 85027 $25.00 CARVER COUNTY TREASURER PROFESSIONAL SERVICES POLICE 85028 $270.15 COUNTRY WAYS OPERATING SUPPLIES-GENERAL OUTDOOR CTR PROGRAM 85029 $36.66 CSM EQUITIES LLC DEPOSITS ESCROW 85030 $82.81 DUNBAR, DAVID OPERATING SUPPLIES-GENERAL PRAIRIE VILLAGE LIQUOR #1 85031 $318.70 FROEMMING, NANCY OFFICE SUPPLIES PRAIRE VIEW LIQUOR #3 85032 $153.80 G & K SERVICES DIRECT PURCHASE CLOTHING & UNIFORMS STREET MAINTENANCE 85033 $10.00 GRAFF, CONNIE SR CITIZENS/ADULT PROG FEES SENIOR CENTER PROGRAM 85034 $40.00 HANCOCK, GREG LESSONS/CLASSES OAK POINT LESSONS 85035 $23.25 HAYDEN, JENNY LESSONS/CLASSES OAK POINT LESSONS 85036 $100.00 HERZOG, LINDA REFUNDS ENVIRONMENTAL EDUCATION 85037 $118.35 HUDSON, CHAD FAMILY RESIDENT MEMBERSHIP COMMUNITY CENTER ADMIN 85038 $296.85 ICI DULUX PAINT CTRS OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 85039 $5,000.00 KERN, DEWENTER, VIERE LTD. AUDIT & FINANCIAL FINANCE DEPT 85040 $86.13 LANENBERG, CYNTHIA MILEAGE AND PARKING FIRE • 85041 $52.50 MARTIN, JEFF LESSONS/CLASSES POOL LESSONS 85042 $17,355.00 MATTS AUTO SERVICE INC PROFESSIONAL SERVICES POLICE 85043 $1,175.00 MINNESOTA CHIEFS OF POLICE ED CONFERENCE POLICE 85044 $32.00 MINNESOTA DEPT OF HEALTH LICENSES & TAXES WATER TREATMENT PLANT 85045 $32.59 HELLING, LAURIE TRAVEL RECREATION ADMIN 85046 $219.00 RADISSON SUITE HOTEL TRAVEL POLICE 85047 $100.00 REIN, LEAH REFUNDS ENVIRONMENTAL EDUCATION 85048 $32.00 SCHNIRRING, RANDY ADULT/YOUTH/OUTDOOR CTR PROG WINTER SKILL DEVELOP 85049 $41.86 SEVERSON, JON OPERATING SUPPLIES-GENERAL SUMMER THEATRE 85050 $27.00 SHERWIN, JULIE LESSONS/CLASSES ICE ARENA .85051 $10.00 SKARE, MARLENE SR CITIZENS/ADULT PROG FEES SENIOR CENTER PROGRAM 85052 $49.90 THOMPSON, NANCY REC EQUIP & SUPPLIES SR CTR OPERATIONS 85053 $123.50 UNLIMITED SUPPLIES INC OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 85054 $26.25 VOREIS, MARIE LESSONS/CLASSES POOL LESSONS 85055 $41.18 WERTS, SANDY MILEAGE AND PARKING REC SUPERVISOR 85056 $45.00 WIESNER, MARCY ICE SHOW ICE SHOW 85057 $556.41 ELAN FINANCIAL SERVICES OPERATING SUPPLIES-GENERAL . FINANCE DEPT 85058 $5,057.52 JOHNSON BROTHERS LIQUOR CO MERCHANDISE FOR RESALE PRAIRE VIEW LIQUOR #3 85059 $69.96 MIDWEST COCA COLA BOTTLING COM MISC TAXABLE PRAIRIE VILLAGE LIQUOR #1 85060 $1,048.12 PAUSTIS & SONS COMPANY BEER 6/12 PRAIRE VIEW LIQUOR #3 85061 $7,244.96 PHILLIPS WINE AND SPIRITS INC WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1 85063 $20.00 AUDIOVISUAL INC OTHER CONTRACTED SERVICES COMMUNITY SERVICES 85064 $35.00 BOMA ST. PAUL CONFERENCE IN SERVICE TRAINING 85065 $15.83 DOIG, LARRY TRAVEL IN SERVICE TRAINING 85066 $150.00 EDEN PRAIRIE HORSEMAN EMPLOYEE AWARD HUMAN RESOURCES 85067 $44.23 GLENROSE FLORAL AND GIFT SHOPS EMPLOYEE AWARD HUMAN RESOURCES 85068 $32.00 HAMMER, DAWN ADULT/YOUTH/OUTDOOR CTR PROG WINTER SKILL DEVELOP 85069 $32.00 HANSON, LAURIE ADULT/YOUTH/OUTDOOR CTR PROG WINTER SKILL DEVELOP 85070 $180.99 HENNEPIN COUNTY TREASURER OPERATING SUPPLIES-GENERAL ASSESSING-ADMIN COUNCIL CHECK REGISTER 14-MAR-2000 (13 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 85071 $199.16 IOS CAPITAL RENTALS FIRE 85072 $182.75 J H LARSON ELECTRICAL COMPANY REPAIR & MAINT SUPPLIES EP CITY CTR OPERATING COSTS 85073 $2,528.24 JEANE THORNE INC OTHER CONTRACTED SERVICES PARK/REC ADMIN 85074 $32.00 KUNTZ, BARB ADULT/YOUTH/OUTDOOR CTR PROG WINTER SKILL DEVELOP 85075 $10.00 M SHANKEN COMMUNICATIONS INC MISC TAXABLE LIQUOR STORE CUB FOODS 85076 $128,663.72 MEDICA CHOICE COBRA COSTS/REV BENEFITS 85077 $24.00 METROPOLITAN MECHANICAL CASH OVER/SHORT FD 10 ORG 85078 $1,137.05 MINN CHILD SUPPORT PAYMENT CTR GARNISHMENT WITHHELD FD 10 ORG 85079 $329.31 MINNEGASCO GAS WATER WELL # 13 85080 $1,300.00 MINNESOTA DEPT OF HEALTH CONFERENCE WATER UTILITY-GENERAL 85081 $185.00 MINNESOTA POLLUTION CONTROL AG CONFERENCE SEWER UTILITY-GENERAL 85082 $25.00 MPSA CONFERENCE IN SERVICE TRAINING 85083 $20.00 MUNICI-PALS DUES & SUBSCRIPTIONS IN SERVICE TRAINING 85084 $7,341.47 NATIONWIDE ADVERTISING SERVICE EMPLOYMENT ADVERTISING HUMAN RESOURCES 85085 $115.10 NEW LIFE INDUSTRIES EMPLOYEE AWARD HUMAN RESOURCES 85086 $15.00 OMKEN, KRIS SR CITIZENS/ADULT PROG FEES SENIOR CENTER PROGRAM 85087 $18.00 PATIL, MARTHA ADULT/YOUTH/OUTDOOR CTR PROG SKI TRIPS/WINTER CAMP 85088 $4,673.10 PRUDENTIAL INSURANCE CO OF AME LIFE EMPLOYERS SHARE BENEFITS 85089 $3,833.27 QUALITY WINE & SPIRTS CO MERCHANDISE FOR RESALE LIQUOR STORE CUB FOODS 85090 $2,703.24 RELIASTAR LIFE INSURANCE CO . DISABILITY IN EMPLOYERS FD 10 ORG 85091 $54.85 RIVER CITY SHEET METAL INC. MECHANICAL PERMIT FD 10 ORG 85092 $32.00 ROBERTS, DEB ADULT/YOUTH/OUTDOOR CTR PROG WINTER SKILL DEVELOP 85093 $182.00 SAINT PAUL LEGAL LEDGER EMPLOYMENT ADVERTISING HUMAN RESOURCES 85094 $60.00 SENSIBLE LAND USE COALITION CONFERENCE - IN.SERVICE TRAINING 85095 $64.00 SEVERSON, RENEA ADULT/YOUTH/OUTDOOR CTR PROG WINTER SKILL DEVELOP 85096 $32.00 SKONIECZNY,' KATHY ADULT/YOUTH/OUTDOOR CTR PROG WINTER SKILL DEVELOP 85097 $150.00 ST THOMAS, UNIVERSITY OF CONFERENCE IN SERVICE TRAINING 85098 $32:00 THOMPSON, ELLEN ADULT/YOUTH/OUTDOOR CTR PROG WINTER SKILL DEVELOP 85099 $11.65 PARAGON CABLE CABLE TV COMMUNITY SERVICES 85100 $200.00 TWIN CITY AREA LABOR MANAGEMEN DUES & SUBSCRIPTIONS COUNCIL 85101 $30.00 UNITED FIREFIGHTERS ASSN DUES & SUBSCRIPTIONS FIRE 85102 $268.80 UNLIMITED SUPPLIES INC CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 85103 $6,073.65 US POSTMASTER POSTAGE ASSESSING-ADMIN 85104 $286.82 US WEST COMMUNICATIONS TELEPHONE LIQUOR STORE CUB FOODS 85105 $2,045.34 US WEST DEX ADVERTISING PRAIRIE VILLAGE LIQUOR #1 85106 $32.00 VERGERONT, TAMMY ADULT/YOUTH/OUTDOOR CTR PROG WINTER SKILL DEVELOP 85107 $67.10 AMERIPRIDE LINEN & APPAREL SER OTHER CONTRACTED SERVICES PRAIRE VIEW LIQUOR #3 85108 $832.50 DAHLHEIMER DISTRIBUTING COMPAN BEER 6/12 PRAIRE VIEW LIQUOR #3 85109 $5,730.95 DAY DISTRIBUTING BEER 6/12 LIQUOR STORE CUB FOODS 85110 $1,755.46 EAGLE WINE COMPANY WINE DOMESTIC LIQUOR STORE CUB FOODS 85111 $3,433.50 EAST SIDE BEVERAGE COMPANY BEER 6/12 PRAIRE VIEW LIQUOR #3 85112 $369.00 GRAPE BEGINNINGS WINE DOMESTIC LIQUOR STORE CUB FOODS 85113 $7,560.09 GRIGGS COOPER & CO BEER 6/12 PRAIRE VIEW LIQUOR #3 85115 $8,541.93 JOHNSON BROTHERS LIQUOR CO WINE DOMESTIC LIQUOR STORE CUB FOODS 85117 $1,760.06 LAKE REGION VENDING TOBACCO PRODUCTS LIQUOR STORE CUB FOODS 85118 $6,321.75 MARK VII BEER 6/12 PRAIRE VIEW LIQUOR #3 85119 $28.35 NORTH STAR ICE MISC TAXABLE PRAIRIE VILLAGE LIQUOR #1 85120 $620.73 PAUSTIS & SONS COMPANY WINE IMPORTED PRAIRE VIEW LIQUOR #3 85121 $98.80 PEPSI COLA COMPANY MISC TAXABLE LIQUOR STORE CUB FOODS 85122 $71.75 PINNACLE DISTRIBUTING MISC TAXABLE PRAIRE VIEW LIQUOR #3 85123 $2,690.46 PRIOR WINE COMPANY WINE DOMESTIC PRAIRIE VILLAGE LIQUOR #1 85124 $10,231.90 THORPE DISTRIBUTING BEER 6/12 PRAIRE VIEW LIQUOR #3 85125 $541.70 WINE COMPANY, THE WINE IMPORTED LIQUOR STORE CUB FOODS 85126 $220.63 CAR-CO AUTO PARTS INC. EQUIPMENT PARTS EQUIPMENT MAINTENANCE 85127 $135.00 CENTRAIRE INC CONTRACTED REPAIR & MAINT PRAIRIE VILLAGE LIQUOR #1 Li COUNCIL CHECK REGISTER 14-MAR-2000 (13 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 85128 $49.98 COLLIERS TOWLE DUES & SUBSCRIPTIONS ASSESSING-ADMIN 85129 $200.00 ESTEP, SHARI OTHER CONTRACTED SERVICES ACCESSIBILITY 85130 $233.57 GLENWOOD INGLEWOOD REPAIR & MAINT SUPPLIES FITNESS CENTER 85131 $1,782.08 HENNEPIN COUNTY TREASURER - AC BOARD OF PRISONERS SVC POLICE 85132 $100.00 HILL, DONALD REFUNDS ENVIRONMENTAL EDUCATION 85133 $200.00 HOLTE, MARY OTHER CONTRACTED SERVICES ACCESSIBILITY 85134 $46.16 JASMINE Z. KELLER GARNISHMENT WITHHELD FD 10 ORG 85135 $765.00 LAKE PLACE APARTMENTS HOPE LOAN RECEIVABLE HOPE LOAN DAMAGE DEPOSIT 85136 $100.00 MCCORMICK, PATRICIA REFUNDS ENVIRONMENTAL EDUCATION • 85137 $500.00 MCSB INC SOFTWARE STORM DRAINAGE 85138 $105.66 MENARDS OFFICE SUPPLIES LIQUOR STORE CUB FOODS 85139 $1,997.60 METRO SALES INCORPORATED* CONTRACTED REPAIR & MAINT GENERAL 85140 $200.00 MINGER CONSTRUCTION INC EQUIPMENT RENTAL WATER TREATMENT PLANT 85141 $60.00 MINNEAPOLIS COMMUNITY COLLEGE SCHOOLS POLICE 85142 $703.33 MINNESOTA VALLEY ELECTRIC COOP ELECTRIC RILEY LAKE 85143 $46.15 MUELLER, CYNTHIA MILEAGE AND PARKING OAK POINT OPERATIONS 85144 $60.00 NATIONAL INFORMATION OFFICERS DUES &'SUBSCRIPTIONS POLICE 85145 $18.20 PORTA, KITTY MILEAGE AND PARKING RECORDS MANAGEMENT 85146 $319.50 PROFILE EVALUATIONS INC PHYSICAL & PSYCO EXAM HUMAN RESOURCES 85147 $1,987.10 • QUALITY WINE & SPIRTS CO WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1 85148 $150.00 SECURE CONCEPTS LTD. CONTRACTED REPAIR & MAINT POLICE 85149 $131.25 SOUTHWEST SUBURBAN PUBLISHING- EMPLOYMENT ADVERTISING HUMAN RESOURCES 85150 $15.00 STAPLES, JANET ADULT/YOUTH/OUTDOOR CTR PROG OUTDOOR CTR PROGRAM 85151 $100.00 STARKEY, KEN REFUNDS ENVIRONMENTAL EDUCATION 85152 $295.07 SUBURBAN EXT INC CASH OVER/SHORT FD 10 ORG 85153 $158.45 UNIFORMS UNLIMITED CLOTHING & UNIFORMS INSPECTION-ADMIN 85154 $242.39 UNLIMITED SUPPLIES INC OPERATING SUPPLIES-GENERAL TRAFFIC SIGNS 85155 $100.00 WAGNER, JANE REFUNDS ENVIRONMENTAL EDUCATION 85156 $15.00 WEAR, LEE ADULT/YOUTH/OUTDOOR CTR PROG OUTDOOR CTR PROGRAM 85157 $173.08 WOLF CAMERA INC PHOTO SUPPLIES FIRE STATION #1 85158 $300.00 WYMAN, DALE REFUNDS ENVIRONMENTAL EDUCATION 85159 $57.05 AMERIPRIDE LINEN & APPAREL SER OTHER CONTRACTED SERVICES LIQUOR STORE CUB FOODS. 85160 $1,418.48 BELLBOY CORPORATION MERCHANDISE FOR RESALE PRAIRE VIEW LIQUOR #3 85161 $1,033.55 DAY DISTRIBUTING BEER 6/12 PRAIRE VIEW LIQUOR#3 85162 $1,594.02 JOHNSON BROTHERS LIQUOR CO MERCHANDISE'FOR RESALE PRAIRE VIEW LIQUOR #3 85163 $1,395.50 MARK VII BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 85164 $230.33 MIDWEST COCA COLA BOTTLING COM MISC TAXABLE LIQUOR STORE CUB FOODS 85165 $100.70 PEPSI COLA COMPANY MISC TAXABLE PRAIRIE VILLAGE LIQUOR #1 85166 $2,056.99 PHILLIPS WINE AND SPIRITS INC WINE DOMESTIC PRAIRIE VILLAGE LIQUOR #1 85168 $650.70 PINNACLE DISTRIBUTING OPERATING SUPPLIES-GENERAL LIQUOR STORE CUB FOODS 85169 $91.00 THORPE DISTRIBUTING BEER 6/12 LIQUOR STORE CUB FOODS 85170 $120.00 AARP 55 ALIVE MATURE DRIVING SPECIAL EVENTS FEES SENIOR CENTER PROGRAM 85171 $704.00 CAMP ST. CROIX CONF & RETREAT SCHOOLS POLICE 85172 $7,016.11 GREAT RIVER ENERGY PRINTING WATER UTILITY-GENERAL 85173 $75.72 MENARDS OPERATING SUPPLIES-GENERAL POLICE 85174 $360.00 MINNESOTA CHAPTER IAAI-J SCHAD SCHOOLS • POLICE 85175 $14.21 OLSEN, JAMEY OPERATING SUPPLIES-GENERAL SUMMER THEATRE 85176 $309.81 PENCO OPERATING SUPPLIES-GENERAL TREE DISEASE 85177 $17.92 SNODGRASS, LAURA OPERATING SUPPLIES-GENERAL SUMMER THEATRE 85178 $310.00 AARP 55 ALIVE MATURE DRIVING SPECIAL EVENTS FEES SENIOR CENTER PROGRAM 85179 $365.00 BLOOMINGTON, CITY OF KENNEL SERVICE ANIMAL WARDEN PROJECT 85180 $99.66 CARLSON, DANIEL CLOTHING & UNIFORMS POLICE 85181 $473.40 FLAHERTYS HAPPY TYME COMPANY* MISC TAXABLE LIQUOR STORE CUB FOODS 85182 $234.28 GE CAPITAL RENTALS GENERAL 85183 $1,207.55 HENNEPIN COUNTY TREASURER PROFESSIONAL SERVICES UTILITY DEBT FUND 5 COUNCIL CHECK REGISTER 14-MAR-2000 (13 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 85184 $40.50 HENNING, LAURIE CLOTHING & UNIFORMS POLICE 85185 $122.19 KRAEMERS HARDWARE INC OPERATING SUPPLIES-GENERAL ARTS 85186 $172.50 MITCHELL, KAREN PROFESSIONAL SERVICES POLICE 85187 $5,775.02 PARS FOOD SERVICES INC. LIQUOR LICENSES FD 10 ORG 85188 $498.25 SEARS COMMERCIAL ONE MISC FIRE EQUIPMENT FIRE 85189 $29.20 STAR TRIBUNE MISC TAXABLE PRAIRE VIEW LIQUOR #3 85190 $38.00 DAY DISTRIBUTING BEER 6/12 PRAIRE VIEW LIQUOR #3 85191 $885.20 EAST SIDE BEVERAGE COMPANY BEER 6/12 LIQUOR STORE CUB FOODS 85192 $2,548.90 GRIGGS COOPER & CO MERCHANDISE FOR RESALE LIQUOR STORE CUB FOODS 85193 $2,002.00 THORPE DISTRIBUTING BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 85194 $240.50 CONVERGENT COMMUNICATIONS INC. TELEPHONE GENERAL 85195 $200.14 DELEGARD TOOL CO EQUIPMENT PARTS EQUIPMENT MAINTENANCE 85196 $16.25 ESTENSON, WAYNE MILEAGE AND PARKING HUMAN RESOURCES 85197 $873.30 METRO SALES INCORPORATED* RENTALS GENERAL 85198 $57.00 MINNESOTA LEGAL REGISTER OPERATING SUPPLIES-GENERAL ASSESSING-ADMIN 85199 $1,096.80 NILSSON, BETH INSTRUCTOR SERVICE ICE ARENA 85200 $1,877.66 QUALITY WINE & SPIRTS CO WINE IMPORTED PRAIRE VIEW LIQUOR #3 85201 $2,489.35 US WEST COMMUNICATIONS TELEPHONE PRAIRE VIEW LIQUOR #3 85204 $3,252.76 JOHNSON BROTHERS LIQUOR CO WINE DOMESTIC PRAIRE VIEW LIQUOR #3 85205 $668.67 PHILLIPS WINE AND SPIRITS INC MERCHANDISE FOR RESALE PRAIRE VIEW LIQUOR #3 85206 $147.36 ADOLPHKIEFER • • OPERATING SUPPLIES-GENERAL POOL OPERATIONS 85207 $364.44 AIRGAS SAFETY PROTECTIVE CLOTHING WATER UTILITY-GENERAL 85208 $333.00 AMERICAN CHAMBER OF COMMERCE P TRAINING SUPPLIES SEWER UTILITY-GENERAL 85209 $732.75 AMERICAN WATER WORKS ASSOCIATI TRAINING SUPPLIES WATER UTILITY-GENERAL 85210 $798.75 ANCHOR PAPER COMPANY OFFICE SUPPLIES POLICE 85211 $4,250.29 ANCHOR PRINTING COMPANY PRINTING COMMUNITY SERVICES 85212 $159.75 ANOKA COUNTY SHERIFF'S OFFICE RENTALS POLICE 85213 $244.19 AQUA LOGIC INC REPAIR & MAINT SUPPLIES POOL MAINTENANCE 85214 $648.31 ARMOR SECURITY INC REPAIR & MAINT SUPPLIES ICE ARENA 85215 $387.53 ASTLEFORD EQUIPMENT COMPANY IN EQUIPMENT PARTS EQUIPMENT MAINTENANCE 85216 $86,607.98 BARBAROSSA AND SONS INC IMPROVEMENT CONTRACTS PIONEER TRAIL SANITARY SEWER 85217 $195.00 BARTEL, JOANNE OTHER CONTRACTED SERVICES SENIOR WEB SITE 85218 $54.16 BAUER BUILT TIRE AND BATTERY TIRES EQUIPMENT MAINTENANCE 85219 $40.00 BCA/FORENSIC SCIENCE LABORATOR SCHOOLS POLICE 85220 $170.00 BCA/TRAINING & DEVELOPMENT SCHOOLS POLICE 85221 $77.20 BEARCOM OPERATING SUPPLIES-GENERAL WIRELESS COMMUNICATION 85222 $93.32 BECKER ARENA PRODUCTS INC REPAIR & MAINT SUPPLIES ICE ARENA 85223 $17,500.00 BIG LAKE CONSTRUCTION CONTRACTED BLDG REPAIRS WATER WELL #8 85224 $134.89 BRO-TEX INC EQUIPMENT PARTS EQUIPMENT MAINTENANCE 85225 $250.00 BROWN, PAUL OTHER CONTRACTED SERVICES OUTDOOR CTR PROGRAM 85226 $480.00 CAMPBELL, JENNIFER OTHER CONTRACTED SERVICES BASKETBALL 85227 $704.40 CAPITOL COMMUNICATIONS CONTRACTED REPAIR & MAINT WIRELESS COMMUNICATION 85228 $387.35 CARCIOFINI CAULKING CO BUILDING FIRE STATION CONSTRUCTION 85229 $106.16 CATCO CLUTCH & TRANSMISSION SE EQUIPMENT PARTS EQUIPMENT MAINTENANCE 85230 $741.88 CENTRAIRE INC CONTRACTED REPAIR & MAINT PRAIRIE VILLAGE LIQUOR #1 85231 $312.50 CHAD NESTOR ILLUSTRATION & DES OTHER CONTRACTED SERVICES SCHEDULE OF EVENTS 85232 $1,255.56 CHANHASSEN BUMPER TO BUMPER EQUIPMENT PARTS EQUIPMENT MAINTENANCE 85234 $250.00 CLOSED CIRCUIT SPECIALISTS INC OPERATING SUPPLIES-GENERAL PRAIRE VIEW LIQUOR #3 85235 $766.95 COLOR CENTER, THE BLDG REPAIR & MAINT WATER TREATMENT PLANT 85236 $339.45 CONSTRUCTION BULLETIN LEGAL NOTICES PUBLISHING FLYING CLOUD FIELDS K15 85237 $344.33 CORPORATE EXPRESS OFFICE SUPPLIES POLICE _ 85238 $651.00 CROSSTOWN MASONRY BUILDING FIRE STATION CONSTRUCTION 85239 $26.05 CROWN MARKING OFFICE SUPPLIES GENERAL 85240 $457.58 CUB FOODS EDEN PRAIRIE OPERATING SUPPLIES-GENERAL FIRE 85241 $1,699.37 (:uTJ,ER-MAGNER COMPANY CHEMICALS WATER TREATMENT PLANT 6 COUNCIL CHECK REGISTER 14-MAR-2000 (13 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 85242 $835.49 DANKO EMERGENCY EQUIPMENT CO EQUIPMENT PARTS WATER TREATMENT PLANT 85243 $546.00 DILLEY, TODD OTHER CONTRACTED SERVICES BASKETBALL 85244 $652.50 DIRECT SAFETY CO PROTECTIVE CLOTHING WATER TREATMENT PLANT 85245 $321.00 DISCOUNT STEEL INC REPAIR & MAINT SUPPLIES PARK MAINTENANCE 85246 $130.62 DRISKILLS NEW MARKET MERCHANDISE FOR RESALE CONCESSIONS 85247 $9,611.70 DRT TRANSPORT OTHER CONTRACTED SERVICES WATER TREATMENT PLANT 85248 $1,701.99 EARL F ANDERSEN INC SIGNS TRAFFIC-SIGNS 85249 $33.00 EDEN PRAIRIE SCHOOL DISTRICT N BLDG RENTAL ART & MUSIC 85250 $325.00 EDINA, CITY OF CONST TESTING-SOIL BORING WATER SYSTEM SAMPLE 85251 $15,310.64 SF JOHNSON COMMUNICATIONS WIRELESS COMMUNICATION 85252 $1,102.09 EMERGENCY APPARATUS MAINTENANC CONTRACTED REPAIR & MAINT FIRE • 85253 $670.96 ENVIRONMENTAL EQUIPMENT & SERV EQUIPMENT PARTS EQUIPMENT MAINTENANCE 85254 $87.06 FEDEX CONTRACTED REPAIR & MAINT WIRELESS COMMUNICATION 85255 $398.99 FIBRCOM-MN COMMUNICATIONS WIRELESS COMMUNICATION • 85256 $37.28 FLOWER MARKET EMPLOYEE AWARD HUMAN RESOURCES 85257 $692.27 G & K SERVICES DIRECT PURCHASE CLOTHING & UNIFORMS • SEWER UTILITY-GENERAL 85259 $79.17 GARTNER REFRIGERATION & MFG IN REPAIR & MAINT SUPPLIES ICE ARENA 85260 $721.86 GENUINE PARTS COMPANY EQUIPMENT PARTS EQUIPMENT MAINTENANCE 85262 $515.87 GREAT RIVER ENERGY PRINTING GENERAL 85263 $1,250.27 HACH COMPANY OTHER EQUIPMENT WATER TREATMENT PLANT 85264 $2,214.98 HANSEN THORP PELLINEN OLSON OTHER CONTRACTED SERVICES ENGINEERING DEPT 85265 $74.00 HELLING, TERRI OTHER CONTRACTED SERVICES , ' VOLLEYBALL 85266 $500.00 HENDERSON, JOSH OTHER CONTRACTED SERVICES ADULT OPEN GYM 85267 $1,401.25 HENNEPIN COUNTY TREASURER OPERATING SUPPLIES-GENERAL COMMUNITY DEVELOPMENT 85268 $309.12 HENNEPIN COUNTY TREASURER LICENSES & TAXES EQUIPMENT MAINTENANCE 85269 $224.00. HENNPEPIN TECHNICAL COLLEGE SPECIAL EVENTS FEES SENIOR CENTER PROGRAM 85270 $222.00 HOLMES, TOM OTHER CONTRACTED SERVICES VOLLEYBALL 85271 $682.24 ICI DULUX PAINT CTRS ' BLDG REPAIR & MAINT WATER TREATMENT PLANT 85272 $31.38 INDUSTRIAL PLASTICS INC REPAIR & MAINT SUPPLIES WATER TREATMENT PLANT 85273 $300.33 J H LARSON ELECTRICAL COMPANY OPERATING SUPPLIES-GENERAL STREET LIGHTING 85274 $1,242.90 JANEX INC CLEANING SUPPLIES GENERAL BUILDING FACILITIES 85275 $549.69 JIM HATCH SALES CO EQUIPMENT PARTS EQUIPMENT MAINTENANCE 85276 $33.36 JUSTUS LUMBER COMPANY BUILDING MATERIALS WATER SYSTEM MAINTENANCE 85277 $65.00 KEN ANDERSEN TRUCKING PROFESSIONAL SERVICES ANIMAL WARDEN PROJECT 85278 $3,540.00 KILLMER ELECTRIC CO INC CONTRACTED REPAIR & MAINT TRAFFIC SIGNALS 85279 $278.52 LAB SAFETY SUPPLY INC SAFETY SUPPLIES RISK MANAGEMENT 85280 $1,567.06 LAKELAND FORD TRUCK SALES EQUIPMENT PARTS EQUIPMENT MAINTENANCE 85281 $23.50 LAND'S END CORPORATE SALES CLOTHING & UNIFORMS POLICE 85282 $55.00 LEAGUE OF MINNESOTA CITIES CONFERENCE IN SERVICE TRAINING 85283 $19,297.65 LOGIS LOGIS SERVICE SEWER ACCOUNT 85284 $1,058.40 LOVEGREEN INDUSTRIAL SERVICES CONTRACTED BLDG REPAIRS WATER TREATMENT PLANT 85285 $225.00 MARTIN-MCALLISTER ,PHYSICAL & PSYCO EXAM HUMAN RESOURCES 85286 $150.44 MCGLYNN BAKERIES OPERATING SUPPLIES-GENERAL SENIOR CENTER PROGRAM 85287 $3,683.00 MED-COMPASS INC. PERSONNEL TESTING FIRE 85288 $595.00 MEDICINE LAKE TOURS SPECIAL EVENTS FEES ADULT PROGRAM 85289 $23,387.16 MELROE MACHINERY EQUIPMENT P/R REVOLVING FD 85290 $63.40 MENARDS OPERATING SUPPLIES-GENERAL STREET MAINTENANCE 85291 $4,708.70 METRO SALES INCORPORATED* OFFICE SUPPLIES REC SUPERVISOR 85292 $395.00 METROPOLITAN AREA PROMOTIONS C ADVERTISING PRAIRIE VILLAGE LIQUOR #1 85293 $187,384.00 METROPOLITAN COUNCIL ENVIRONME WASTE DISPOSAL SEWER UTILITY-GENERAL 85294 $3,547.56 METROPOLITAN FORD EQUIPMENT PARTS EQUIPMENT MAINTENANCE 85295 $485.93 MIDWEST ASPHALT CORPORATION GRAVEL STREET MAINTENANCE 85296 $232.16 MINNESOTA CONWAY CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 85297 $250.00 MINNESOTA COUNTIES INS TRUST PROFESSIONAL SERVICES RISK MANAGEMENT 85298 $520.00 MINNESOTA POLLUTION CONTROL AG LICENSES & TAXES WATER WELL #6 COUNCIL CHECK REGISTER 14-MAR-2000 (13 CHECK NO rRPCK AMOUNT VENDOR DESCRIPTION PROGRAM 85299 $75.00 MINNESOTA REAL ESTATE JOURNAL OPERATING SUPPLIES-GENERAL ASSESSING-ADMIN 85300 $337.34 MOORE MEDICAL CORP SAFETY SUPPLIES FIRE 85301 $19.27 MOTION INDUSTRIES INC. EQUIPMENT PARTS EQUIPMENT MAINTENANCE 85302 $221.04 MTI DISTRIBUTING CO EQUIPMENT PARTS EQUIPMENT MAINTENANCE 85303 $823.78 MUNICILITE EQUIPMENT PARTS EQUIPMENT MAINTENANCE 85304 $896.68 OLSON CONSTRUCTION CO INC CONTRACTED REPAIR & MAINT WATER SYSTEM, MAINTENANCE 85305 $45.90 PAPER DIRECT INC OFFICE SUPPLIES REC SUPERVISOR 85306 $105.00 PDI COMPARABLE WORTH MAINT HUMAN RESOURCES 85307 $1,371.75 PEPSI COLA COMPANY MERCHANDISE FOR RESALE CONCESSIONS 85308 $125.59 PETSMART CANINE SUPPLIES POLICE 85309 $1,697.36 PRAIRIE. ELECTRIC COMPANY CONTRACTED BLDG REPAIRS EP CITY CTR OPERATING COSTS 85310 $5.12 PRAIRIE LAWN AND GARDEN REPAIR & MAINT SUPPLIES PARK MAINTENANCE 85311 $19.60 QUICKSILVER EXPRESS COURIER EQUIPMENT PARTS GENERAL 85312 $23.43 R & R MARINE INC EQUIPMENT PARTS EQUIPMENT MAINTENANCE 85313 $27.09 RAINBOW FOODS - CHARGES OPERATING SUPPLIES-GENERAL RECREATION ADMIN 85314 $32.16 RDO.FINANCIAL SERVICES CO . . EQUIPMENT PARTS EQUIPMENT MAINTENANCE 85315 $131.86 RESPOND SYSTEMS* SAFETY SUPPLIES RISK MANAGEMENT 85316 $59.59 RITZ CAMERA OPERATING SUPPLIES-GENERAL TREE DISEASE 85317 $10,909.24 RMR SERVICES INC EQUIPMENT PARTS ' WATER METER REPAIR 85318 $72.25 ROADRUNNER TRANSPORTATION INC CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 85319 $1,437.76 ROSEMOUNT INC. EQUIPMENT PARTS WATER TREATMENT PLANT 85320 $592.00 SALONEK, SHARON OTHER CONTRACTED SERVICES VOLLEYBALL 85321 $2,470.00 SANCO CLEANING SUPPLIES OTHER EQUIPMENT , WATER TREATMENT PLANT 85322 $195.00 SCHEWE, JILL OTHER CONTRACTED SERVICES SENIOR WEB SITE 85323 $195.00 SENIOR COMMUNITY SERVICES OTHER CONTRACTED SERVICES SENIOR WEB SITE 85324 $133.20 SHRED-IT WASTE DISPOSAL EP CITY CTR OPERATING COSTS 85325 $160.00 SKEESICK, FORREST OTHER CONTRACTED SERVICES SUMMER SKILL DEVELOP 85326 $12.22 SMITH & WESSON OPERATING SUPPLIES-GENERAL POLICE 85327 $42.34 SNAP-ON TOOLS SMALL TOOLS WATER TREATMENT PLANT 85328 $263.82 SNELL MECHANICAL INC REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 85329 $154.10 SOUTHWEST SUBURBAN PUBLISHING- EMPLOYMENT ADVERTISING HUMAN RESOURCES 85330 $704.47 STANDARD SPRING CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 85331 $225.02 STATE CHEMICAL MFG CO, THE CLEANING SUPPLIES WATER TREATMENT PLANT 85332 $677.84 STREICHERS CLOTHING & UNIFORMS POLICE 85333 $27.09 STRINGER BUSINESS SYSTEMS INC CONTRACTED REPAIR & MAINT GENERAL 85334 $10.14 SUBURBAN CHEVROLET GEO EQUIPMENT PARTS EQUIPMENT MAINTENANCE 85335 $1,600.00 SUBURBAN RATE AUTHORITY DUES & SUBSCRIPTIONS COUNCIL 85336 $362.96 SUNSOURCE/FAUVER EQUIPMENT PARTS EQUIPMENT MAINTENANCE 85337 $695.00 SWANSON, JEFF OTHER CONTRACTED SERVICES BROOMBALL 85338 $60.74 SWANSONS PRESSURE CLEANERS .INC EQUIPMENT PARTS WATER TREATMENT PLANT 85339 $125.00 SWEDLUNDS WASTE DISPOSAL OUTDOOR CENTER-STARING LAKE 85340 $2,597.90 TCM CONSTRUCTION INC BUILDING FIRE STATION CONSTRUCTION 85341 $131.79 THERMOGAS COMPANY MOTOR FUELS ICE ARENA 85342. $312.50 THUNDER COMMUNICATIONS OTHER CONTRACTED SERVICES SENIOR WEB SITE 85343 $600.00 TLC CAFE' MISCELLANEOUS POLICE 85344 $102.24 TOWN AND COUNTRY DODGE EQUIPMENT PARTS EQUIPMENT MAINTENANCE 85345 $152.60 TWIN CITY OXYGEN CO CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 85346 $111.57 TWIN CITY TIRE CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 85347 $1,978.75 UNIFORMS UNLIMITED CLOTHING & UNIFORMS POLICE 85348 $84.57 UNLIMITED SUPPLIES INC EQUIPMENT PARTS EQUIPMENT MAINTENANCE 85349 $4,243.00 US BANK PAYING AGENT 93 IMPROVE BONDS 85350 $100.35 US CAVALRY CLOTHING & UNIFORMS POLICE 85351 $106.48 US FILTER/WATERPRO EQUIPMENT PARTS WATER METER REPAIR 85352 $4,010.00 US FILTER OTHER EQUIPMENT WATER TREATMENT PLANT 85353 $898.74 US OFFICE PRODUCTS OFFICE SUPPLIES WATER TREATMENT PLANT 1 COUNCIL CHECK REGISTER 14-MAR-2000 (13 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 85354 $56.41 VALSPAR PAINT EQUIPMENT PARTS EQUIPMENT MAINTENANCE 85355 $2,280.00 VAN WATERS & ROGERS INC CHEMICALS WATER TREATMENT PLANT 85356 $495.15 W W GRAINGER INC REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 85357 $327.39 WARNING LITES OF MINNESOTA OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 85358 $651.00 WATER SPECIALITY OF MN INC CHEMICALS POOL MAINTENANCE 85359 $1,306.77 WATSON CO INC, THE MERCHANDISE FOR RESALE CONCESSIONS 85360 $52.69 WEST WELD EQUIPMENT PARTS EQUIPMENT MAINTENANCE 85361 $10,026.20 WESTWOOD PROFESSIONAL SERVICES DESIGN & CONST FLYING CLOUD FIELDS K15 85362 $330.00 WILLIAM MITCHELL COLLEGE OF LA SCHOOLS POLICE 85363 $950.57 WM MUELLER AND SONS INC SAND SNOW & ICE CONTROL 85364 $144.00 YALE INCORPORATED CONTRACTED EQUIP REPAIR WATER TREATMENT PLANT 85365 $59.00 ZD JOURNALS OPERATING SUPPLIES-GENERAL ENGINEERING DEPT 85366 '$327.84 ZEP MANUFACTURING CO EQUIPMENT PARTS EQUIPMENT MAINTENANCE • $795,401.47* 9 CITY COUNCIL AGENDA DATE: SECTION: ORDINANCES &RESOLUTIONS March 21, 2000 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: 1st Reading of an Ordinance Amending City Code Management Services Chapters 2, 11 & 12 TE A Requested Action Move to: Approve the 1st reading of an Ordinance amending the City Code by repealing Sections 11.66 and 12.03; ; amending Sections 2.29, 11.50 and 11.70 and provide for conforming changes throughout the City Code relating to Sections 2.22, 2.23, 2.24, 2.25, 2.26, 2.27, and 2.28. Synopsis This ordinance allows for conforming changes to be made in the City Code relating to recent Code changes to Boards and Commissions,repeals Section 11.66 relating to Family Care Homes and repeals section 12.03 as a result of a previous amendment to the Planned Unit Development • size. Background Information The City Council adopted Ordinance 33-99 relating to Boards and Commissions on October 5, 1999 and adopted Ordinance 3-2000 relating to Planned Unit Development size on January 18, 2000. The State regulates Family Care Homes and City regulation is not necessary. Attachments CITY OF EDEN PRAIRIE HENNEPIN COUNTY MINNESOTA ORDINANCE NO. -2000 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING THE CITY CODE BY PROVIDING FOR CONFORMING CHANGES THROUGHOUT THE CITY CODE RELATING TO SECTIONS 2.22, 2.23, 2.24, 2.25, 2.26, 2.27, AND 2.28; AMENDING SECTIONS 2.29, 11.50, 11.70; REPEALING SECTIONS 11.66 AND 12.03; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 2.99, 3.99, 4.99, 5.99, 6.99, 7.99, 8.99, 9.99, 10.99 11.99, AND 12.99 WHICH AMONG OTHER THINGS PROVIDE FOR PENALTIES FOR VIOLATIONS THEREOF. THE CITY COUNCIL OF EDEN PRAIRIE,MINNESOTA ORDAINS: Section 1. The City Clerk shall amend the Eden Prairie City Code to reflect the organizational changes to Boards and Commissions adopted in Code Sections 2.22,2.23,2.24, . 2.25,2.26, 2.27, and 2.28 by changing each term under the column heading"EXISTING TERM" or respectively similar terms,wherever they appear in the Eden Prairie City Code to the corresponding term listed under the column heading"NEW TERM"or to a respectively similar term. • EXISTING TERM 1. Parks,Recreation and Natural Resources Commission 2. Human Rights and Diversity Commission 3. Arts Commission 4. Environmental and Waste Management Commission 5. Planning Commission NEW TERM 1. Parks and Recreation Citizen Advisory Commission 2. Human Rights and Diversity Citizen Advisory Commission 3. Arts and Culture Citizen Advisory Commission 4. Environmental Education Citizen Advisory Commission 5. Community Planning Board Section 2. City Code Section 2.29, Subd. 3. shall be amended to read as follows: Maintenance and Operation. The Manager of Parks and Natural Resources shall advise the Council on all matters pertaining to the development and maintenance of the cemetery, including operation of the cemetery, status of records, upkeep of the grounds, annual budget for operation and upkeep thereof, and use of the cemetery perpetual care fund. The Council may adopt by resolution written rules and regulations pertaining to the cemetery. Section 3. City Code Section 11.50, Subd. 5,D. shall be amended to read as follows: The City Manager or designee shall submit a copy of the application to the Community Planning Board for an evaluation of the environmental impact of the proposed construction, and City Planner for their report and recommendations. Section 4. City Code Chapter 11, Sec. 11.66 is hereby repealed. Section 5. City Code Section 11.70, Subd. 3.CC. shall be amended to read as follows: A Planned Unit Development must contain at least 3 contiguous lots to support an Area Identification Sign. Section 6. City Code Section 12.03, Subd. 20. is hereby repealed. Section 7. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Sections 2.99, 3.99, 4.99, 5.99, 6.99, 7.99, 8.99, 9.99, 10.99, 11.99, and 12.99 entitled "Violation a Misdemeanor" are hereby.adopted in their entirety,by reference, as though repeated verbatim herein. Section 8. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 2000, and finally read and adopted and ordered published at a regular meeting of the City Council of said Council on the day of , 2000. ATTEST: Kathleen Porta, City Clerk Jean L. Harris,Mayor PUBLISHED in the Eden Prairie News on the day of , 2000. 3 CITY COUNCIL AGENDA DATE: March 21, 2000 SECTION: Ordinances &Resolutions SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Services Resolution Requesting Carver and Hennepin Eugene A.Dietz Counties to Adopt and Implement a Schedule for Upgrading TH 101 Dr- B Requested Action Move to: Approve resolution requesting Carver and Hennepin Counties to adopt and implement a schedule for upgrading TH 101 Synopsis No consensus has been reached on a preferred design alternative for the upgrade of TH 101. This resolution prescribes a process to select an alternate and schedule the project for construction in 2002. Background Information Attached is a letter from Vern Genzlinger, Assistant County Administrator/County Engineer, requesting that the City of Eden Prairie go on record to support a four-lane undivided roadway for TH 101. Although that may well be the best option, it would tend to short-circuit the public process at a time when many of the environmental questions have not been fully addressed. The need to improve TH 101 is readily apparent. However, the process has been delayed due to an ongoing discussion of doing little more than making minor subgrade corrections, overlay and adding a regional trail corridor. The resolution urges the counties of Hennepin and Carver to take a leadership role in defining the long-term needs of the corridor and establish a process to bring the project to completion. The recommendation is that the list of alternatives for further environmental and design impacts be reduced from six concepts to three. This would leave a two, three and four-lane design for further environmental review and additional comparative analysis. An important feature of the resolution is that it requests a major emphasis on public participation and communication throughout the process. One of the elements to do this would be the formation of a working committee with staff and citizens that would review and participate in the final design after the layout plan has been approved. Attachments Letter from Vern Genzlinger, Assistant County Administrator/County Engineer 1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. RESOLUTION REQUESTING CARVER AND HENNEPIN COUNTIES TO ADOPT AND IMPLEMENT A SCHEDULE FOR UPGRADING TIE 101 WHEREAS, TH 101, between West 78fi' Street and CSAH 62 is in desperate need of reconstruction and has an accident rate exceeding twice the average accident rate for similar roadways in Hennepin County; WHEREAS, TH 101 is in a process of turn-back from MnDOT to the counties of Carver and Hennepin; WHEREAS,Hennepin County has completed a turn-back agreement with MnDOT for TH 101; WHEREAS, Carver County is negotiating with MnDOT to complete an agreement for turn-back of TH 101; WHEREAS, completed turn-back agreements will specify that MnDOT provide a unique revenue source to restore the function of the roadway to current standards; WHEREAS, the affected agencies of Carver County, Hennepin County, Chanhassen and Eden Prairie have been engaged in a process to develop conceptual design alternatives for improving TH 101; WHEREAS, public meetings have been held in Eden Prairie and Chanhassen for the purpose of soliciting input from affected residents in the corridor regarding six design concepts for improvement to the roadway; WHEREAS, consensus has not been reached on a preferred design concept for improvement to the roadway; WHEREAS, growth in the traffic service area tributary to the corridor is ever increasing, the roadway pavement continues to deteriorate and safety is of paramount concern. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that, Hennepin County and Carver County as the recipient agencies to the turn-back of TH 101, are implored to take a visionary leadership role in a proactive process to adopt and engage in a schedule to improve TH 101 based on the following criteria: 1. That the priority design criteria be safety(including stopping sight distances, entering sight distances, signals and intersection geometries) to implement a solution that reduces the accident rate on the roadway to one consistent with (or below) similar corridors in the metro area. 2. That pedestrian and bicycle transportation facilities be provided in the corridor. 3. That the functional classification in the approved Transportation Plans of affected agencies for TH 101 and parallel routes be the basis for predicting future traffic volumes and design criteria. 4. That expected growth in the service area and regional transportation needs be fully considered in the planning and design process. 5. That a simple overlay and minor maintenance will not adequately address safety and design issues in the corridor and therefore be eliminated from consideration. 6. That even though it is unlikely a two-lane roadway will adequately address the criteria above, key environmental impacts and specific transportation needs be more fully developed for: • Concept Design 2 — two lanes with intersection and signal improvements and trails on both sides • Concept Design 3 — similar to Concept 2, but with a continuous center-left turn lane • Concept Design 4 — four lane undivided with intersection and signal improvements and trails on both sides. 7. That details developed as indicated in 6. above, be the basis of additional public meetings with a goal of narrowing the scope to one preferred design concept by September, 2000. 8. That final environmental documentation necessary to obtain layout approval be developed by January, 2001. 9. That after Step 8, a working committee with staff and citizens be established to meet on a periodic basis to review final design details, review compliance with layout plan approval and provide input on mitigation details with a goal of final design completion by January, 2002. 10. That a Spring, 2002-construction start be scheduled. 11. That the entire process maintain rigorous attention to communication and a schedule of public meetings to keep area residents fully informed of progress and decisions. ADOPTED by the Eden Prairie City Council on March 21, 2000. Jean L. Harris, Mayor ATTEST: SEAL Kathleen A. Porta, City Clerk 3 Hennepth County ff� An.Equal OpparI!wily Imp1 • I k March 7,2000 Eugene Dietz, P.E. Director of Public Works City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 . RE: Highway 101 —78th Street to Townline Road Dear Mr. Dietz: Over the last two years we have been actively engaged in the evaluation of options for the reconstruction of Highway 101 between 78th Street and Townline Road in Chanhassen and Eden Prairie. Those options have ranged from the resurfacing of the'existing pavement to construction of a four lane divided roadway. While Hennepin County considers the four lane divided section • attractive, it recognizes that a four lane undivided section is appropriate for projected future traffic volumes and the environment through which the corridor traverses. Conversely,the county considers • the pavement resurfacing option(which includes the construction of a trail on the west side)to be an inappropriate option because it fails to address long term needs along the corridor. • Hennepin County acknowledges there are a number of area neighbors who prefer the resurfacing option or the"super two" (lane)option. As you are:aware,Hennepin County considers the resurfacing option to be a shortsighted means of dealing with the upgrade of Highway 101. It has, however, considered the"super two" option,the two lane/two way continuous left turn lane option and the four lane undivided option. When the three options are compared, it beeomes clear the impacts related to each are similar. The"super two" option impacts 1.21 million square feet of area and calls for approximately 0.67 million square feet of paving. The two lane/continuous left turn lane option impacts 1.26 million square feet of area and calls for approximately 0.67 million square feet of paving. The four lane undivided section impacts approximately 1.23 million square feet of area and calls for approximately 0.68 million square feet of paving. Estimated right of way acquisition costs and construction costs for the three options are nearly identical. Given the similarity of impacts and costs related to the three options compared above, it becomes clear the parties should support an option that recognizes the responsibility we have to the region. In • this instance,we are considering the future of an"A"minor arterial road,not a local city street. As such, a four lane undivided section responds positively to the needs of the present and future and should not be overlooked as the parties consider the viability of the various options. Transportation Department 1600 Prairie Drive Recycled Paper Medina,MN 55340-5421 (612)745-7500 FAX(612)478-4000 TDD:(612)852-6760 • Highway 101-78th Street to Townline Road • March 7,2000 Page 2 • On behalf of Hennepin County,I respectfully request that Eden Prairie join in endorsing the four lane undivided option. This alternate best responds to the greater transportation needs of the public and region. • Sincer y, . ern . e er • Assistant unty A 'strator and County Engineer pc: Jim Grube • • CITY COUNCIL.AGENDA DATE: March 21,2000 SECTION: APPOINTMENTS SERVICE AREAJDIVISION: ITEM DESCRIPTION: ITEM NO.: MANAGEMENT APPOINTMENTS TO BOARDS & A SERVICES COMMISSIONS Requested Action Move to: Appoint to the Human Rights and Diversity Citizen Advisory Commission Harry Moran and Darryl Stanton—Terms to Expire 3/31/2001 Move to: Appoint to the Park and Recreation Citizen Advisory Commission Don Jacobson and Susan Dickman—Terms to Expire 3/31/2001 Move to: Amend appointment of Kim Teaver to the Community Program Board from a term expiring 3/31/2003 to a term expiring 3/31/2001 Synopsis Appointments to the Human Rights and Diversity Citizen Advisory Commission and the Park and Recreation Citizen Advisory Commission: As part of the City's 1999 restructuring of Boards and Commissions,members of former Commissions who had terms that expired 3/31/01 were asked to serve the balance of their term in a new assignment. Formal appointment by the Council is required. Change in Teaver Term: Appointment of a Citizen Advisory Commission member to the Community Program Board is based on their responsibility as Chair of their respective Commission. Under the revised City Code, the City Council appoints Chairs and Vice Chairs on an annual basis. As a result, appointments of Citizen Advisory Commission members to the Community Program Board will be made each year for one-year terms. Multiple one-year terms may be served as long as the Commission member remains Chair of their Citizen Advisory Commission. Members-at-large may be appointed to multi-year terms. CITY COUNCIL AGENDA DATE: SECTION: APPOINTMENTS March 21,2000 SERVICE ITEM DESCRIPTION: ITEM NO.: AREA/DIVISION: APPOINTMENTS OF CHAIRS AND VICE MANAGEMENT CHAIRS TO THE BOARDS AND _ 'g SERVICES COMMISSIONS Requested Action Move to: Appoint Frantz Corneille- Chair and Ray Stoelting-Vice Chair of the Community Planning Board Move to: Appoint Cliff Dunham- Chair and Bill Ford-Vice Chair of the Board of Appeals and Adjustments Move to: Appoint Jan Mosman- Chair and Lori Peterson-Benike -Vice Chair of the Heritage Preservation Commission Move to: Appoint Kim Teaver- Chair and Don Jacobson-Vice Chair of the Park and Recreation Citizen Advisory Commission Move to: Appoint Harry Moran- Chair and Philip Young-Vice Chair of the Human Rights and Diversity Citizen Advisory Commission Move to: Appoint Muna Yasiri - Chair and Mary Cofer-Vice Chair of the Community Program Board Move to: Appoint Patricia Pidcock- Chair and Mike Best-Vice Chair of the Board of Review Synopsis All candidates for Chair and Vice Chair have been contacted. All have agreed to serve as recommended by the Council with the exception of the Board of Appeals. Bill Ford prefers to Vice Chair; he supports the current Vice Chair, Cliff Dunham, as Chair. Cliff Dunham has agreed to Chair the Board of Appeals if the Council wishes to so appoint.