HomeMy WebLinkAboutCity Council - 08/15/2000 AGENDA
EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM
TUESDAY,AUGUST 15,2000 5:00-6:55 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,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 Roger Pauly and Recorder Lorene McWaters
I. CALL MEETING TO ORDER—MAYOR JEAN HARRIS
II. APPROVAL OF AGENDA
III. ELECTION UPDATE
IV. YOUTH ON COMMISSIONS
V. BUDGET
IV. OTHER BUSINESS
V. COUNCIL FORUM
VI. ADJOURNMENT
AGENDA
EDEN PRAIRIE CITY COUNCIL
TUESDAY,AUGUST 15,2000 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 Roger Pauly and Council Recorder Peggy Rasmussen
I. ROLL CALL/CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE
III. COUNCIL FORUM INVITATION
IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
V. MINUTES
A. CITY COUNCIL WORKSHOP HELD AUGUST 1,2000
B. CITY COUNCIL MEETING HELD AUGUST 1,2000
VI. CONSENT CALENDAR •
A. CLERK'S LICENSE LIST
B. SHADY OAK TECHNOLOGY BUILDING by Mount Properties. 2nd Reading
for Planned Unit Development District Review with waivers on 5.52 acres,Zoning
District Change from I-5 to I-2 on 5.52 acres, and Site Plan Review on 5.52 acres.
Location: 6875 Shady Oak Road. (Ordinance for PUD District Review and
Zoning District Change, and Resolution for Site Plan)
C. US WEST ADDITION by US West. 2nd Reading for Planned Unit Development
District Review with waivers within the I-2 Zoning District on 1.09 acres, and
Site Plan Review on 1.09 acres. Location: 7825 Fuller Road. (Ordinance for
PUD District Review and Zoning District Amendment, and Resolution for
Site Plan)
D. IVERS ADDITION by Jerry Klooster. 2nd Reading for PUD District Review
with waivers on 4.41 acres and Zoning District Amendment with waivers in the
R1-22 Zoning District.Location: 17221 Terrey Pine Drive. (Ordinance for
CITY COUNCIL AGENDA
AUGUST 15,2000
Page 2
PUD District Review and Zoning District Amendment)
E. AUTHORIZE ISSUANCE OF GRADING PERMIT TO SOUTHWEST
METRO FOR TEMPORARY PARKING FACILITY
F. ADOPT RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ORDERING ADVERTISEMENT FOR BIDS FOR HIGHVIEW
DRIVE/LAKELAND TERRACE AREA,I.C.96-5406
G. APPROVE RELEASE OF LAND FROM SPECIAL ASSESSMENT
AGREEMENT FOR PLACING OF UTILITIES AND STREETS TO
BENEFIT THE SHADY OAK INDUSTRIAL PARK
H. APPROVE RELEASE OF LAND FROM THE SPECIAL ASSESSMENT
AGREEMENT FOR PLACING OF UTILITIES TO BENEFIT THE
FLAGSHIP ADDITION
I. ADOPT RESOLUTION APPROVING APPOINTMENT OF ELECTION
JUDGES FOR 2000 PRIMARY AND GENERAL ELECTION
J. ADOPT RESOLUTION RELATING TO JOINT AND COOEPRATIVE
AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND THE
MUNICIPAL LEGISLATIVE COMMISSION
K. AUTHORIZE EXECUTION OF AN AGREEMENT FOR EQUIPMENT
AND SERVICES RELATED TO REPLACEMENT OF THE CITY'S
PRIMARY RADIO COMMUNICATIONS SITE AND TOWER
L. APPROVE LICENSE AGREEMENT FOR ANTENNA LEASE ATOP
MARKETCENTER WATER TOWER
VII. PUBLIC HEARINGS/MEETINGS •
A. SPECIAL ASSESSMENT HEARING FOR THE CEDAR FOREST FIRST
ADDITION AND SURROUNDING AREAS,I.C.99-5491 (Resolution)
B. WALGREENS/BANK PROJECT by Semper Development,LTD. Request for
Planned Unit Development Concept Amendment on 3.36 acres to the overall
Gonyea PUD,Planned Unit Development District Review within the Community
Commercial Zoning District on 3.36 acres, Site Plan Review on 3.36 acres,and
Preliminary Plat of 3.36 acres into 2 lots. Location: Northeast Corner of Co.Rd.
4 and Hwy. 5. (Resolution for PUD Concept Amendment, Ordinance for PUD
District Review and Zoning District Amendment,and Resolution for
Preliminary Plat)
C. SCHLOTZSKY'S DELI(OFFICE DEPOT) by Midwest Expansion Ltd.
Request for Planned Unit Development Concept Amendment on 4.19 acres of the
Town Place Center PUD,Planned Unit Development District Review with
CITY COUNCIL AGENDA
AUGUST 15,2000
Page 3
waivers on 4.19 acres,Zoning District Amendment within the C-Reg-Ser Zoning
District on 4.19 acres, Site Plan Review on 4.19 acres, and Preliminary Plat of
4.19 acres into 2 lots. Location: 11609 Leona Road. (Resolution for PUD
Concept Amendment, Ordinance for PUD District Review and Zoning
District Amendment, and Resolution for Preliminary Plat)
VIII. PAYMENT OF CLAIMS
IX. ORDINANCES AND RESOLUTIONS
A. RESOLUTION AUTHORIZING THE SALE AND ISSUANCE OF
MULTIFAMILY HOUSING REVENUE BONDS, SERIES 2000A AND
SERIES 2000B—LINCOLN PARC PROJECT
B. RESOLUTION AUTHORIZING THE SALE AND ISSUANCE OF
MULTIFAMILY HOUSING REVENUE BONDS, SERIES 2000C AND
SERIES 2000D—LINCOLN PARC PROJECT
C. RESOLUTION AUTHORIZING NOTE AND MORTGAGE BETWEEN
LINCOLN PARC APARTMENTS,LLC,AND THE CITY OF EDEN
PRAIRIE
X. PETITIONS,REQUESTS AND COMMUNICATIONS
XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS
XII. APPOINTMENTS
XIII. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR
D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL
SERVICES DIRECTOR
E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR
1. Award Contract for Cedar Forest Street&Utility Improvements
F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR
G. REPORT OF MANAGEMENT SERVICES DIRECTOR
H. REPORT OF CITY ATTORNEY
CITY COUNCIL AGENDA
AUGUST 15,2000
Page 4
XIV. OTHER BUSINESS
XV. ADJOURNMENT
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM
TUESDAY,AUGUST 1,2000 5:00-6:55 PM, CITY CENTER
HERITAGE ROOM III
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 Works
Services Director Eugene Dietz, Community Development and Financial Services Director Don
Uram, and Recorder Lorene McWaters
I. CALL MEETING TO ORDER—MAYOR JEAN HARRIS
Mayor Harris called the meeting to order at 5:30 p.m.
II. APPROVAL OF AGENDA
III. CITY FINANCING—PHILOSOPHY AND DIRECTION FOR TRANSPORTATION
City Manager Chris Enger stated that the purpose of this workshop was to develop funding
strategies and directions for transportation. The objectives were to consider:
• Budget implications of the property tax levy for the City and Southwest Metro (SWMT)
• Next steps the Council may wish to take
Enger noted that$40 million in transportation needs are projected for Eden Prairie over the
next several years and that most are currently unfunded. He said the Council will need to
consider transportation funding strategies,including the possibility of using some levy funds
to get critical transportation projects off the ground. Finance Director Uram stated that the
number one need identified for the City is transportation and has been since 1997,yet the
City is struggling to find ways to fund important transportation projects.
Enger noted that despite the fact that half of all people who work in Eden Prairie work in the
Golden Triangle Area(GTA), developed land within the area is currently underutilized
compared to other adjacent suburbs' uses. Much of the GTA is occupied by warehouse
space.However,there is an ongoing need for prime office space,which the GTA could
accommodate if traffic problems are addressed. Enger and Uram presented data on the
Golden Triangle to illustrate how improving transportation in this area would provide the
"most return for the money"for Eden Prairie residents as well as those who commute to
Eden Prairie.
COUNCIL WORKSHOP MINUTES
August 1,2000
Page 2
Current taxes per square foot of Golden Triangle property is$.31/sq. ft. With major
transportation improvements,much of this space could be developed or converted to prime
office space,resulting in a possible increase in taxes to $.54/sq.ft. Proposed transportation
improvements include HOV slip ramps ($9 million),I-494 related improvements ($5
million), and system capacity improvements($8 million). Staff believe these improvements
would significantly relieve peak hour congestion,resulting in a noticeably improved
business environment. Market value per square foot in the Golden Triangle_could be
expected to increase from$55/sq. ft. to $100/sq. ft.
Enger pointed out that when Best Buy chose to build their new headquarters in Richfield
rather than the Golden Triangle,they cited unmitigated traffic congestion as a major factor.
Enger said the City and Council need to work proactively on traffic concerns before another
large development opportunity is lost.
SWMT staff has indicated an interest in up $600,000 increase in their levy for 2001,which
is the amount allowed by the state. This would be a 25 percent increase over last year's
levy. The City has projected an increase of 6 percent for SWMT,which is the same level
increase proposed for the City's levy. The possibility of levying above level could be used
to fund infrastructure improvements within the City.
Mayor Harris explained that any additional money collected through the City levy that is not
earmarked by the Council for SWMT could be used to help begin to fund critical
transportation projects. These dollars could be used to leverage other available funds (e.g.,
MNDOT funds). Councilmember Tyra-Lukens asked whether the issue with MNDOT is
really availability of money. Councilmember Thorfinnson said that he believes the issue is
largely money. He feels that MNDOT is receptive to the ideas Eden Prairie has proposed
for the Golden Triangle,but there isn't much money available.
Public Works Services Director Dietz noted that Eden Prairie is already ahead of other
communities in gathering empirical data to support our need for transportation funding.
MNDOT has announced they will turn off ramp meters for a several weeks this fall to gather
data about how the absence of metering affects traffic flow. Eden Prairie has already begun
a comprehensive traffic study that will provide baseline data to help analyze the effects of
turning off the meters.
Case asked why the participating communities had decided to opt out of Met Transit. Enger
said that the cities believed that we could provide better service at a lower cost, and that this
has proven true. Met Council subsidies are higher.
Case said that he wondered if using the levy to fund transportation projects rather than just
SWMT challenges the whole philosophy behind public transit. Case said it feels "toll-
roadish"and wondered if the Council is being asked to make state-level decisions. Tyra-
COUNCIL WORKSHOP MINUTES
August 1,2000
Page 3
Lukens asked if a special taxing district for the Golden Triangle has been considered as a
way of obtaining funds. Thorfinnson said this is one of the options available to the Traffic
Management Association(TMA) and that they may consider this. Tyra-Lukens asked why
she personally, as a resident of Eden Prairie,pay for congestion mitigation in the Golden
Triangle when it appears to mainly benefit commuters who don't live in the community.
Enger noted the possible increase in property tax revenue from transportation improvements.
Thorfinnson also noted that once the seed money for GTA projects is obtained, increased
property values in the Golden Triangle are expected to fund further transportation
infrastructure improvements.
• Enger said he believes that if the City is going to increase the levy,using some of the money
for infrastructure improvements would be more effective than dedicating all of the funds to
transit.
Thorfinnson and Tyra-Lukens noted that in addition to reducing traffic congestion,transit is
also important as a means of minimizing environmental damage and providing equal access
to transportation, and that these issues should also be considered. Councilmember Butcher
asked whether or not SWMT has the option of obtaining funds other than through local
levies. Thorfinnson said SWMT does have other sources of funding,but only for capital
needs not for operating costs.
Case noted that the City's idea of installing HOV slip ramps for multiple occupancy vehicles
could be considered a mid-road approach to transit.
Enger asked the Council to consider whether it makes sense at this point to look for ways to
obtain dollars to put toward a transportation"seed fund." Mayor Harris said she doesn't
think there is really a choice,that the City is going to have to take a multi-modal approach
toward funding transportation projects. She said it looks as if the City will have to take a
more assertive approach in encouraging MNDOT to provide funding for some of the
proposed projects.
Tyra-Lukens asked when the City Survey would be conducted and what input the Council
will have on content of the survey. Enger said the survey is tentatively scheduled to take
place in October, and that staff will be asking the Council for their input. Enger said that
based on input from the City's consultant, staff is considering development of a community
forum/brainstorming type session that uses open-ended questions to help better identify
emerging needs. Case said he is afraid that useful quantitative data will be missing if a
focus group type approach is used. Tyra-Lukens agreed, and said she has used the results of
the last telephone survey a lot.
Enger said staff would take these comments into consideration when working with the
consultant to develop the survey process and that Council will be updated when the survey is
scheduled and how their input will be obtained.
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COUNCIL WORKSHOP NIINUTES
August 1,2000
Page 4
III. OTHER BUSINESS
V. COUNCIL FORUM •
VII. ADJOURNMENT
Mayor Harris adjourned the meeting at 6:55 p.m.
I
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY,AUGUST 1,2000 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 Roger Pauly and Council Recorder Peggy Rasmussen
I. ROLL CALL/CALL THE MEETING TO ORDER
Mayor Harris called the meeting to order at 7:03 p.m.
II. PLEDGE OF ALLEGIANCE
III. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to approve the agenda as
published. Motion carried 5-0.
IV. MINUTES
A. CITY COUNCIL WORKSHOP HELD JULY 18,2000
MOTION: Butcher moved, seconded by Case, to approve the minutes of the
City Council Workshop held July 18,2000, as published. Motion carried 5-0.
B. CITY COUNCIL MEETING HELD JULY 18,2000
Mayor Harris made a correction on page 16, paragraph 4, which should read
"Mayor Harris reconvened the meeting at 9:35 p.m.", and another correction on
page 16, paragraph 11, which should read"She had read the Building Inspector's
report . . ." Lambert made a correction on page 18, paragraph 2, which should
read ". . . LAWCON Grant . . .", in two locations. Butcher made a correction on
page 19,paragraph 4,which should read`Butcher said. . ."
MOTION: Case moved, seconded by Butcher, to approve the minutes of the
City Council Meeting held July 18, 2000, as published and amended. Motion
carried 5-0.
CITY COUNCIL MINUTES
AUGUST 1,2000
Page 2
V. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. HEARTLAND ADDITION by Christopher and Kelly Kaeding, and Dariusz and
Zofia Padniewski. 2nd Reading for Zoning District Change from Rural to R1-13.5 on
1.88 acres. Location: 13801 St. Andrew Drive. (Ordinance No. 20-2000 for
Zoning District Change)
C. ADOPT RESOLUTION NO. 2000-126 APPROVING FINAL PLAT OF
SUNNYBROOK
D. APPROVE THE RELEASE OF LAND FROM SPECIAL ASSESSMENT
AGREEMENT FOR UTILITIES FOR THE DEVELOPMENT OF
SETTLERS RIDGE
E. APPROVE INFORMAL PROFESSIONAL SERVICES AGREEMENT WITH
SEH,INC.,FOR DESIGN AND CONSTRUCTION SERVICES ASSOCIATED
WITH THE LANDSCAPING PLAN FOR THE CSAH 1 (PIONEER TRAIL)
PROJECT
F. APPROVE AWARD OF CONTRACT FOR WELL PUMPHOUSE NO. 14
G. FIRST AMENDMENTS TO DEVELOPER AGREEMENTS by Hustad Land
Company for Bluff Country Village East Commercial and Bluff Country Village
West Commercial.
H. AUTHORIZE EXECUTION OF TRUNKED RADIO USE AGREEMENT
WITH SOUTHWEST METRO TRANSIT COMMISSION
I. EXTEND PROJECT CLOSING DATE—LINCOLN PARC APARTMENTS
MOTION: Tyra-Lukens moved, seconded by Case, to approve Items A-I on the
Consent Calendar. Motion carried 5-0.
VI. PUBLIC HEARINGS/MEETINGS
A. WALGREENS/BANK PROJECT by Semper Development, LTD. Request for
Planned Unit Development Concept Amendment on 3.36 acres to the overall Gonyea
PUD, Planned Unit Development District Review within the Community
Commercial Zoning District on 3.36 acres, Site Plan Review on 3.36 acres, and
Preliminary Plat of 3.36 acres into 2 lots. Location: Northeast Corner of Co. Rd. 4
and Hwy. 5. (Resolution for PUD Concept Amendment, Ordinance for PUD
District Review and Zoning District Amendment, and Resolution for
Preliminary Plat)
Enger said the Developer is requesting a continuance to the August 15, 2000 City
Council meeting.
CITY COUNCIL MINUTES
AUGUST 1,2000
Page 3
MOTION: Tyra-Lukens moved, seconded by Case, to continue the Public Hearing
to the August 15,2000, City Council meeting. Motion carried 5-0.
B. IDLEVIEW OFFICE PARK by 78th Street Properties, LLC. Request for
Planned Unit Development Concept Review on 1.21 acres, Planned Unit
Development District Review with waivers in the Office Zoning District on 1.21
acres, and Site Plan Review on 1.21 acres. Location: North of Eden Road on
Lake Idlewild. (Resolution No. 2000-127 for PUD Concept Review, Ordinance
for PUD District Review and Zoning District Amendment)
Enger said official notice of the public hearing was published July 20, 2000,in the
Eden Prairie News and sent to 17 property owners.
Craig Oberlander said he represented the owner of 7928 Eden Road, who
purchased the property about three months ago and has been looking at various
alternatives for using it. He has also been trying to acquire additional property to
the west, but when the purchase agreement was signed, it was discovered that
there were environmental concerns related to the property and was unable to get
additional time from the seller to complete an investigation. If they are successful
in clearing up these environmental concerns, they may be back at some point to
get approval of a different plan. The developer, however, is seeking approval for
the plan on this property. The property requires a retaining wall and additional
material to balance out the site.
Darren Lazon, of Landform Engineering, said they are looking for concept and
PUD approval on 1.21 acres. This is a three-story, 13,200 square-foot building.
They have addressed the concerns of the Community Planning Board. Waivers
are requested for building height and the setback for parking.
Uram said the project was first reviewed by the Community Planning Board at the
June 26 meeting. The Board recommended a two-week continuance for
architectural and site-design issues, a TDM plan, and screening of parking. At the
July 10 meeting, the Board voted 7-0 to.recommend approval of the project, with
shoreland and height waivers, subject to a plan change for a 35-foot front yard
setback to the building and a 73-foot shoreland setback. These changes have been
made on the current plans. The TDM plan is consistent with TDM plans
approved for small office buildings.
Mayor Harris asked if anyone wished to address the Council on this project.
Bob Kooiman, 7936 Eden Road, said he lives next to the property in question. He
did have a purchase agreement executed on the property but this was terminated
on July 31, 2000. The stated reasons for termination had nothing to do with the
environmental concerns, however. He asked that there be a sufficient buffer
between the two properties, to conceal the building and the parking lot from the
view of the people living in the house. He would not like to see the building
project take a long time, and hoped it could be started and completed as soon as
possible.
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CITY COUNCIL MINUTES
AUGUST 1,2000
Page 4
MOTION: Case moved, seconded by Thorfinnson, to close the public hearing.
Discussion followed.
Tyra-Lukens said she understood the Planning Board instructed staff to have the
plans revised to change the front yard setback to 35 feet and the shoreland setback
to 70 feet. It appeared to her that the lake setback was changed but the front yard
setback is still at 17-1/2 feet. Uram replied the discussion centered around the
building setback. The initial plan didn't show parking in the front of the building.
The Community Planning Board requested the building be set back to 35 feet and
the parking brought to the front of the building.
Motion carried 5-0.
MOTION: Butcher moved, seconded by Case, to adopt Resolution No. 2000-
127 for PUD Concept Review on 1.21 acres; and approve 1st Reading of the
Ordinance for PUD District Review with waivers and Zoning District
Amendment within the Office Zoning District on 1.21 acres; and direct Staff to
prepare a Developer's Agreement incorporating Staff and Board
recommendations. Motion carried 5-0.
C. GRACE CHURCH by Grace Church. Request for Comprehensive Guide Plan
Change from Low Density Residential and Public Open Space to Church on 10.3
acres, Planned Unit Development Concept Review on 63 acres, Planned Unit
Development District Review with waivers on 63 acres, Zoning District Change
from Rural to Public on 63 acres, Site Plan Review on 63 acres, Preliminary Plat of
63 acres into one lot and road right of way, and EAW Review on 63 acres. Location:
South of Pioneer Trail,East of Eden Prairie Road, West of Spring Road. (Resolution
No. 2000-128 for Guide Plan Change, Resolution No. 2000-129 for PUD
Concept Review, Ordinance for PUD District Review and Zoning District
Change, and Resolution No. 2000-130 for Preliminary Plat)
Enger said official notice of this public hearing was published July 20, 2000, in
the Eden Prairie News and sent to 289 property owners.
Bob Solfelt, 10508 Bluff Road, Eden Prairie, said he has been a member of Grace
Church for 35 years. He explained that the architect, landscape architect and
project engineer were present. Grace Church is currently located at 53rd Street
and France Avenue in Edina. He gave a brief history of the church. It has 6,500
members and an average of 3,500 people attend seven weekly services. The
church purchased this property several years ago when they recognized their
growth would make the present facility inadequate. The church has held
neighborhood meetings beginning in March 2000, and met with the Planning
Commission in June and July. They are now seeking approval of the project and
an early grading permit. They will begin to develop the property when they
receive approval, and hope to finish the first phase in about two years.
John Justus, architect with HGA, said this project is for a 600,000-square-foot
church complex located south of Pioneer Trail, east of Eden Prairie Road and
CITY COUNCIL MINUTES
AUGUST 1,2000
Page 5
west of Spring Road. The 4,500-seat worship center would be located in the heart
of the site. There will be six separate buildings. Phase I will be approximately
300,000 square feet and consist of the worship center and religious education
space, plus 2,000 on-grade parking stalls, located along Pioneer Trail and Eden
Prairie Road. Full development includes an additional 300,000 square feet for
fellowship, education, and family center uses, and a 1,000-space parking deck.
Two watersheds cross the property; and all site drainage will be directed to a
NURP pond that will be located in a low area in the west central portion of the
site.
To answer the concern of neighbors on the west and northwest, there will be 5- to
6-foot berms constructed along Eden Prairie Road, Pioneer Trail and Spring
Road. Parking setback from the road is 50 feet from Spring Road, 75 feet from
Eden Prairie Road and 62 feet from Pioneer Trail, which meets City Code. The
parking for 2000 cars on grade is broken up into six major lots. There will be a
need for additional parking in the future, and so they are proposing to build a
parking structure along Spring Road, which is the farthest point from any
residential areas. There will be 1,000 stalls in the two-story structure. There will
be two entrances into the property; one from Spring Road and one from Eden
Prairie Road.
Tyra-Lukens asked where the religious tower would be located. Justus replied
this tower/spire is not included in Phase I. It would be located at the corner of
Pioneer Trail and Spring Road and will be 133 feet tall, in the shape of a cross.
Metropolitan Airports Commission said there would be no problem with that
height, and it does not need hazard lighting. There are no plans to have it lit.
Another, smaller cross will be placed above the chapel to identify its location.
Justus said three major materials would be used; one-third will be brick, one-third
glass and one-third will,be stone in three colors. The roof is metal and heights are
variable.
Uram said the Community Planning Board voted 6-1 to recommend approval of
the project to the City Council at its July 10, 2000 meeting. The recommendation
included supporting waivers for building and spire height, and a temporary stucco
wall, but not waivers for proposed exterior material. However, Uram said it now
makes sense to approve the waiver for exterior material because the diversity of
materials creates diversity of design and texture and provides architectural relief,
which makes the building much more interesting. Therefore, staff is
recommending a waiver be accorded for exterior building materials. A traffic
study was prepared, which was based on existing and future traffic and assuming
a number of road improvements will take place. The project is compatible with
proposed airport expansion and meets the requirements for the Met Council's
Compatibility Guidelines for Airport Noise. An archaeological study was
conducted and there were no archaeological features of significance on the
property. The EAW was prepared and is to be presented at the second reading for
approval.
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CITY COUNCIL MINUTES
AUGUST 1,2000
Page 6
Tyra-Lukens asked if there is still a request for a sign waiver. Uram replied the
sign plan has been revised to reflect City Code. Tyra-Lukens asked if there is a
plan showing the signs. Justus replied no, but there would be three signs on the
site, one at each corner, 80 square feet each, made of the same material as the
base of the building.
Butcher asked if Council will be approving the spire height at this point, or if it
will come before the Council prior to Phase II. Uram replied it would not come
back for before the Council, as it is part of the overall plans for the property.
Butcher asked, for a visual comparison, how many parking spaces does Pax
Christi have on its campus? Justus replied Pax Christi has 688 spaces on a 28-
acre site. Enger said the Eden Prairie Center has 5,000 parking spaces.
Case asked how tall Wooddale Church's tower is. Uram replied it is 70 feet tall.
Regarding the realignment of Spring Road, Dietz said a decision will not been
made on retaining the traffic light at Spring Road and Pioneer Trail until final
design is completed. Hennepin County would be involved in that decision, but
Eden Prairie has always had a strong role in approvals of County road plans.
Case asked Dietz to comment on the projected amount of traffic exiting the
church parking lot that will be using Pioneer Trail at 1 p.m. on Sundays, when
church members are leaving worship services, compared with 5 p.m. on
weekdays. Dietz said he believed the traffic study shows that on weekdays, the
traffic would be 200-300 vehicles per day. On Sunday at 1 p.m., traffic is
projected to be about 2,500 vehicles per day.
Case inquired about future improvements to Pioneer Trail/County Road 1. Dietz
said Eden Prairie Road needs to be reconstructed first to accommodate this
project. He believed that portion of Pioneer Trail is in Hennepin County's budget
plan for 2002 for expansion to four lanes. However, they haven't started design
work yet, so he guessed that project will slip one or two years at the minimum.
Case said he noticed at the intersection of Spring Road and Pioneer Trail there is a
large tree mass, and he asked if there is a possibility those trees could remain.
Solfelt replied they would prefer to leave some of those trees; however
neighborhood residents requested berming around the site, and because of the
berm those trees that are there won't survive. New trees would be planted on top
of the berm.
Case asked if the trees adjacent to the parking lot could be left. Solfelt said they
could work with City staff and try to keep some of the trees. Case said his
recommendation would be to look into doing that. The neighbors might want to
supplement the trees that are there with a berm, rather than having a berm with
small trees on top. Solfelt said their plans take into account the expansion of
Pioneer Trail to a four-lane road, to avoid having that project destroy the berm
and trees.
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Mayor Harris asked how the timing of church construction coincides with County
Road 4 realignment.
Dietz replied that a public hearing was held on the feasibility study for Charlson
area improvements, which was approved by the Council. The City staff has been
working with the attorneys for MAC and Lynn Charlson on agreements for cost-
sharing of the road realignment and utility project. The City is planning to let a
contract for realignment of Eden Prairie Road next spring. He believed it would
be finished in two years, which would coordinate with the completion of Phase I
of the Grace Church complex. In order to issue a building permit to the church,
the City needs special assessment agreements with three groups: Grace Church,
Lynn Charlson and MAC. With this project, the City is asking for a special
assessment agreement with Grace Church and with Charlson. Dietz said he had
just received, from City attorneys, a draft of an agreement on a stipulation on how
to deal with the MAC property. If the City doesn't have those three agreements
by next spring, there would still be award of contract for realignment of Eden
Prairie Road. Once that occurs, the City is committed to go ahead. Dietz has
discussed a third option with Mr. Solfelt. That is, Grace Church could go on its
own and pay to create a portion of the reconstructed part of Eden Prairie Road,
including sewer and water connections. That would be the most expensive
alternative for Grace Church. However, Grace Church asked to take control of
the timing if it was necessary.
Mayor Harris asked if anyone wished to address the Council on this proposal.
Tim Anderson, Deputy Executive Director of Operations for Metropolitan
Airports Commission, said his reason for being here is that he has not heard from
Grace Church that they understand the potential impacts of airport traffic to the
future facility they are planning to build. Traffic from the airport is largely
recreational on weekends and that is when church services are held. He wants to
be assured Grace Church is willing to live with this and would not come to the
airport commission in the future asking MAC to mitigate air traffic operations due
to noise.
Justus said the church commissioned a study and took readings of current noise
levels and studied projected noise levels. They hired an acoustical consultant and
the architect is designing into the church structure adequate mass and air space,
plus some absorptive materials, to mitigate the average noise conditions. There
are some peak conditions it would be very difficult to mitigate without extensive
mass on the church. They have studied the criteria and believed they are on the
way to solving the problems.
Anderson said in addition to aircraft noise, there is also the frequency of planes
flying over. This is a traffic pattern area and there is the potential for overflights
over the church,which will be increasing in the future. He didn't want the church
later on to ask the airports commission where this traffic came from. He hasn't
heard from the church yet that they won't ask for mitigation.
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Case read the motion from the Flying Cloud Airport Advisory Commission
minutes, stating that"the building of this church is an inconsistent and unwise use
of this property." Case said it is zoned Public Open Space, so something was
going to be built there, and he expressed concern that MAC is coming forward
now to try to remove some liability on their part in the future. He hoped the
church does join the City at a future time in telling MAC "don't increase jet
noise." If Anderson believed his statements would stop the City and the church
from ever doing that,he would be mistaken.
Butcher said there is a church located near the proposed church and wondered if
any comments had been received from them related to airport noise. Uram said
he attends the Presbyterian Church near the location of the proposed church, and
from his experience has not noticed any airport noise problem.
Justus said the Grace Church sanctuary is not designed with any windows,
whereas the Presbyterian Church has windows around the sanctuary.
In response to Case's statement, Anderson said he believed there would be
comments in the future. Although people don't like to talk about accidents, it is a
concern that should be mentioned, even though an accident is unlikely. He
wanted the church to be aware that there is an airport in the area.
Carol Hipps, 15512 Almond Lane, said she lives in a townhouse three streets
away from Pioneer Trail. She believed the church has made a lot of compromises
on the landscaping. Her concern is that there will be an excess of traffic on
Mitchell Road. When they moved into the townhouse,they were.assured Mitchell
Road would not have heavy truck traffic on it and she wanted to be sure that
assurance is met.
Dietz responded there is no question that the traffic Grace Church generates will
not over-burden Mitchell Road. When you consider there was going to be some
use of this property, this church will be a better compromise for all of our road
system, except for a couple of hours on Sunday. After the additional two lanes
are added at the northbound approach of Spring Road at County Road 1, it will
have a Level of Service of C. He said he couldn't promise there would be the
same levels on Sunday at 1 p.m., however, but that is a better compromise for six
days out of the seven,and would be better for the neighborhood than an industrial
or residential development would have been.
Hipps asked if there are any plans in the future for Mitchell Road to be widened to
four lanes. Dietz replied yes, Mitchell Road from Cumberland north is in the
City's 2005-2015 Transportation Plan but nothing to the south of that. This is
recognition that there may be a need to widen it to four lanes, but no prioritizing
or funding have been established. Nothing else has been identified in the
Transportation Plan for Mitchell Road.
Tyra-Lukens asked if the City has the authority to regulate truck traffic on
Mitchell Road. She also wondered about the problem of traffic that is already
CITY COUNCIL MINUTES
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generated by Flying Cloud fields, and the increase that will be generated by
Sunday morning and Wednesday evening services at Grace Church.
Dietz said, with regard to trucks on Mitchell Road, the City does not have the
authority to limit trucks because the road was funded with Municipal State Aid
Funds, so trucks are allowed on it. However, when building and grading permits
are issued, the City can designate routes for trucks to use. He could see no reason
for trucks to use Mitchell Road as a haul route when Pioneer Trail is available.
With regard to Wednesday evening services, he was not sure about the church's
plans, but guessed there would be some trips to and from the church in the
evening.
Solfelt said he checked with the Parks and Recreation Department and over the
last few years there has not been use of the soccer, football or baseball fields on
Sunday afternoons. On Wednesday evening, the church has programs for its
youth that includes K-6,junior and senior high students. They have 700 students
who currently participate in those programs. There are also choir practices and
prayer meetings on Wednesday evening.
John Hamel, 16260 Valley Road, said he welcomes Grace Church. His one
concern is school plane traffic from the airport. He would like to see that traffic
using the south runway, flying over the river valley, rather than the north route
over Pioneer Trail. He questioned the realignment of County Road 4, connecting
the planned increase in traffic on County Roads 4 and 1, and directing it to TH
212. He thought it would be in the best interests of the church not to have the
road realigned.
MOTION: Case moved, seconded by Butcher, to close the public hearing and
adopt Resolution No. 2000-128 for Comprehensive Guide Plan Change from Low
Density Residential and Public Open Space to Church on 10.3 acres; and adopt
Resolution No. 2000-129 for Planned Unit Development Concept Review on 63
acres; and approve 1st Reading of the Ordinance for Planned Unit Development
District Review with waivers and Zoning District Change from rural to Public
Zoning District on 63 acres; and adopt Resolution No. 2000-130 for Preliminary
Plat on 63 acres; and direct Staff to prepare a Developer's Agreement
incorporating Staff and Board recommendations and Council conditions; and
direct Staff to issue an early land alternation permit to Grace church to proceed
with grading at their own risk. Discussion followed.
Tyra-Lukens said the first issue is the traffic. She has worked at the soccer fields
at an international soccer tournament on a Sunday afternoon, and is concerned
about traffic on Sunday and Wednesday nights. She didn't want the existing
associations and clubs to have to alter their schedules in order to accommodate
church programming, because those groups have been around for a long time.
The second issue is the loss of 100 percent of the trees on the property. She
believed something could be done about the existing trees, such as building
retaining walls to protect the trees. With regard to planting new trees on top of
berms along the edge of the lot, growing trees on top of berms takes years. She
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would like City staff to look at the landscaping plan and to tie in berms with the
existing trees. The Planning Board talked about lighting of the property, and a
suggestion was made that lighting be reduced at night in the parking area.
Tyra-Lukens said this will be a sizable campus with education buildings, and
wondered if there is the potential for a school in the future. If so, would the
church have to come back to the City for approval? Enger said the church would
have to obtain approval.
Mayor Harris said Council would like Staff to look into preserving the trees and
what the trade-offs might be in terms of screening, and to add this as a Council
condition to the motion.
Case said when churches come into a community it is healthy for the community.
In some cases they may not be able to manage the traffic they generate. He
thought this church may need some police help in getting traffic in and out of
their parking area, and this is an expense he would like to see borne by the church.
Motion carried 5-0.
Mayor Harris said she applauded the church for its excellent job of working with
residents in the neighborhood to craft a plan that brings the City a gracious
building, and also applauded the work of the Planning Board and City staff.
Mayor Harris called a recess at 8:30 p.m., and reconvened at 8:40 p.m.
VII. PAYMENT OF CLAIMS
MOTION: Thorfinnson moved, seconded by Butcher, to approve the Payment of
Claims as submitted. Motion was approved on a roll call vote, with Butcher, Case,
Thorfinnson,Tyra-Lukens and Harris voting"aye."
VIII. ORDINANCES AND RESOLUTIONS
IX. PETITIONS,REQUESTS AND COMMUNICATIONS
X. REPORTS OF ADVISORY BOARDS & COMMISSIONS
A. HERITAGE PRESERVATION COMMISSION
Jan Mosman, 15117 Scenic Height Road, Chair of the Heritage Preservation
Commission, said the reason she was there is to have the best possible
communication with the City Council, to give Councilmembers a succinct wrap-
up of issues, give any updates, answer questions, and get comments. She would
like to come before the Council three to four times a year, December being the
next. This presentation included six topics.
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1. Meeting of HPC at Cummins Grill House
The HPC requests that the members be able to meet at the Cummins-Grill
House for some of its monthly meetings each year. They have done so
three times in the last two years and had an extra Saturday morning HPC
workday there. The building is publicly owned and ADA accessible;
public notice of the meetings were and can be given well ahead of time;
there is heat, light, and now an indoor restroom. There were guests at two
meetings (unusual) and the members feel that meeting here is productive
for times when they are dealing with house, garden, fence and event
issues.
2. Smith Douglas More House
Regarding the topic of historic houses from the July 18 Council meeting,
Mosman felt the need to clarify the HPC's intent on the Smith Douglas
More Homestead. If the HPC was recommending its highest and best use
for the three houses, it would have kept all, fixed-up and maintained all,
used all. There wasn't a lack of interest, a lack of potential uses, a
problem of feasibility, a problem of structural integrity. There was really
only the pressure of finances all around. They came down to the
responsible level of recommending lease of the More house, but the HPC
never intended sale to be even a thought until the leasing option is
completely considered.
(a) Along this vein, the HPC would like to be involved to whatever
extent Council will allow them to be in helping find a lessee, in
setting parameters for that contract, and in developing a way, be it
annual tours, a picnicing area, or signage and a rest stop off the
two nearby trails for the interested public, on this 1.7 acres.
(b) John Gertz and the HPC have started looking at other
communities' lease arrangements to aid in putting Eden Prairie's
together. A number of fascinating uses are coming out, which
HPC can document if the Council would be interested in seeing
this list.
(c) Public Support. Mosman said she has been told the Historical
Society Board has written letters to the City Council. It would be
interesting to hear the Council's reaction on how it feels the public
can best show interest in issues such as this: letters to Council,
letters to the editor, phone calls to Council, presence at meetings,
or signing petitions.
3. CLG Grants
(a) Interpretive signs—Interpretive signs for historic sites have layout
and artwork almost completed. This, along with the limited text,
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will be going into production soon, and there will be some very
easy to look at, creative signs up this fall.
(b) Overlook Site — The grant money to complete National Historic
Registration nomination has been received, and that process will be
finished by early fall.
(c) Eden Center — The third grant applied for and received is being
used for reroofing the dormitory and the old dining hall later this
fall.
4. Apple Trees left at Arlene Marshall's Orchard Site
The HPC had been offered old apple trees one-and-a-half years ago by
Arlene Marshall. The HPC immediately accepted these for the Cummins-
Grill property. The old variety issue didn't come up until much later.
Current information on this is: Lee Johnson of US Homes Corporation
has saved 100 trees. He is planning right now to try to have 50 near the
Pioneer Trail edge of this development and move 50 more to the
conservation zone on the south end. Securing a tree spade is a problem he
is grappling with,which has not been solved yet.
John Gertz has dug through diaries and found some of the old varieties
that could be used at the Cummins-Grill House for a small orchard. The
apples would need to be sprayed and could be used for education and
actually making pies for demonstrations.
5./6. Peonies at the Cummins-Phipps-Grill Homestead
The formal old garden east of the house has over 400 plants in 10 rows,
which were planted starting in 1904 by Harriet Phipps.
About 11 years ago, according to Eden Prairie Garden Club minutes and
letters to the City, this peony bed was tackled and improved; it was then
turned over to the City for maintenance. The Parks and Recreation
Department had a lot of other things to do, the gardens were not given
much attention, and four years later the plants were barely alive. The
current garden club group then took this on as their main volunteer service
project. The City sent in wood chips and straw when requested, grubbed-
out weed trees and shrubs along one side, and delivered an old hand
mower for use in cutting grass between the rows. The club is small, and
90 percent of members are not retired, but they put in about 420 man-
hours over three seasons, working in heat, drought, mosquitoes, flies,
gnats, snakes, thistles and nettles, and all by hand, and raised these back
up from one little finger-sized shoot in some cases and a small handful of
blooms in 1998, to great, healthy plants with hundreds of lush blooms in
June 2000. This shows how important simple, but continuing, care is.
When the mower proved too pathetic for words, the workers started
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bringing their own weed whips and mowers every time, plus hand tools,
and cleaned up after themselves. The amount of work needed on a regular
basis was getting to be a strain. When they were told this spring that they
couldn't have a key anymore to the shed and house, and were to be
charged$25 per hour to hold meetings there or at the Outdoor Center, and
be let in and out by a City staff person, that was the last straw, and they
have now informed the City through their minutes that they will no longer
work on the peonies at all.
The garden club is giving the City the notes on extensive, multi-source
research done on peony maintenance and their best recommendations.
They are leaving it in a condition where it can now be maintained partly
with larger equipment a few times each year rather than weekly. It has
proven in the past to be too much for Eden Prairie Facilities to properly
watch over these heirloom flowers and put them as top priority at the
correct times each year, so Mosman felt that the City needs to hire a
professional company to handle this garden. She didn't know who else to
suggest besides herself to obtain estimates for this, so she will do this if
directed. The garden club president said that they will meet once with the
chosen garden professional. The maintenance notes are being completed
for the files.
The Eden Prairie Garden Club was originally planning to co-sponsor with
the City a spring event at the house when the peonies would be blooming
next year, and Mosman said she is hoping that the City will consider
organizing a simple tea and tour to take advantage of the spectacular
display.
Mosman's final recommendation on this was that there be some type of
public commendation from the City for the huge amount of TLC given by
a core group of about 12 garden club members in bringing back these
amazingly tough old beauties.
Mayor Harris commended the garden club for all its work, and asked if the
relations between the garden club and the City are so strained they are irreparable.
Mosman replied she believed it was partly a security issue, as the garden club
always had had a key,kept by the president. There was a worry by the City that
too many different people had keys to various buildings. The garden club only
used the house for meetings two or three times and had an open house there.
Lambert said the key problem came up when discussing security at a number of
buildings. He found out the Grill House was one of those. The Parks and
Recreation Department decided to stop this and changed the locks. Sometimes
the buildings were left open and the department didn't know who did it. As far as
the garden club was concerned, the department said they would let them in at no
charge,but any other group wanting to use these buildings would have to pay$25
per time to have someone open the building. If the garden club were going to be
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there to work, the department would have to provide someone to open the
building.
Mayor Harris said she could understand the security issue. However, she thought
perhaps the City can work with those who are working with the City, to give them
access without actually giving them a key, and to let them meet at the house free
of charge.
Thorfinnson said if the City is going to pay someone to maintain these flowers, it
would be better off to work this problem out with the garden club.
Mosman said the garden club is no longer interested. The members are somewhat
"burned out." Stan Tekiela has asked the garden club to maintain the flowers near
the Outdoor Center, and the garden club voted to stay and work there.
Thorfinnson said he applauded the UPC for taking this opportunity to speak and
give a report. The HPC is the first commission to do this. In the future he would
like to get the material in the information packet beforehand. When it is on the
agenda there should be something in the packet.
Tyra-Lukens said she would like the HPC to meet at the Cummins House. She
thanked Mosman for clarifying the intent of the HPC on the three historic houses.
She was also interested in hearing about the apple trees.
Mosman said they are hoping to find out how far back the dwarf apple trees go,
and if they can't be used at the house.
Enger said they looked for types of trees planted would look back to when the
orchard at the Cummins House was active and what trees would have been seen at
that time. The State said there were not the type of horticulture varieties available
at that time. It may be that these varieties are not appropriate,but other ones may .
still be able to be purchased.
Tyra-Lukens said the peony garden sounds beautiful and she hoped it would not
be lost. She was in favor of getting estimates for a professional gardener.
Enger responded he didn't see the HPC recommended to the Council that
estimates be obtained. He asked who this recommendation came from. If the
peonies need to be maintained he was unaware the HPC made a recommendation.
Mosman said the HPC did not make a recommendation. She made the
recommendation as she is a member of the garden club and received the minutes.
This matter would probably have to go back to the HPC at its August meeting.
Enger said he recommended the Parks and Recreation Department staff, Facility
staff and John Gertz work with the HPC on how the garden can be maintained and
find out if it can be included in the existing budget. If there needs to be an
increase in budget, that would be part of a recommending process coming to the
CITY COUNCIL MINUTES
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Council for approval. He didn't know if the City would want to get separate
service contract to hire a professional gardener.
Tyra-Lukens asked if Council could get an update on what is decided between the
HPC and staff.
Mayor Harris said it is appropriate for staff to work with the HPC; otherwise the
Council is adding things into the budget that haven't been discussed.
Butcher said always enjoyed meeting at the Cummins Grill House when she was a
member, but it wasn't comfortable. They were concerned about ADA
requirements at that time. She was pleased restoration has gone on in the
meantime, and she would like the HPC to meet there. Regarding clarification in
terms of the Douglas More House, she asked if Mosman agreed that preservation
is the goal for that house.
Mosman agreed, but referenced the HPC report that discussed trying to have some
public accessibility because there is so much interest in the house.
Case said his concern is with the process regarding the matter of the keys. It
appeared this was a question of legalism, enacting it to the point where people get
hurt. He believed Council would want the garden club to meet at the Cummins
Grill House. With regard to the garden club, somebody should think about all the
work they have done there and the fact that the City is losing them. If the Mayor
would be willing to do so, he would recommend some formal commendation to
the garden club.
Mayor Harris replied she would support writing a commendation statement. She
was concerned that feelings are hurt and Council should take action to amend that.
Mayor Harris said the Council was in agreement that there should be an .
opportunity for the HPC to meet at the Cummins House and there is no reason
why the HPC should not meet there. She would ask staff to look at how to make
that possible and would also have staff look at the issue of the peony garden and
to work with the HPC.
XI. APPOINTMENTS
XII. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
B. REPORT OF CITY MANAGER
2. Report on Request for Proposals for Professional Real Estate Services
for Market Feasibility and Marketing of the Smith/Douglas/More
House
CITY COUNCIL MINUTES
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Enger said on July 18, the City Council directed the staff to draft a
Request for Proposals (RFP) for a real estate professional to:
1. Determine the market feasibility of lease or sale of the Smith Douglas
More House for adaptive reuse; and
2. Market the property for maximum return on the City's investment
through lease or sale within the framework of adaptive reuse.
The City purchased the property with Cash Park Fees in 1981 for
$140,000 and Life Estate. With a 6 percent cost of money, capital
improvements, payment of taxes and maintenance, the City has a cost of
over$500,000 in the property.
The RFP presented may be adopted as is or with changes directed by the
City Council. Staff will then proceed to solicit the proposals and make a
recommendation to the City Council on selection of a qualified
•professional. Council could accept that recommendation or select a
different real estate professional and contract with that person to move
forward on a market analysis. After that is done, the Council would make
a decision whether or how that property would be marketed.
Case said since the July 18 meeting he had been wondering why the
Council wasn't looking at alternatives to lease or sale of the house. He
said one reason the Council reorganized the commission structure last fall
was to place special interest requests for spending into the larger City
budget picture. If the Council agrees that is good idea for considering
expenditure of City funds, he wondered how the Council could consider
leasing or selling a City resource in one area that is out of context of the
whole budget picture. In this case, he believed the Program Board was
only asked to look at the Smith Douglas More House in relation to the
other historic properties, in isolation from the big picture. From the calls
and letters he has received on the subject of the Smith Douglas More
House, he doesn't believe people want the City to consider sale of the
house,which is an irreplaceable historic resource.
Case asked Council to table this matter until more information is obtained
from the community survey in October. He hoped the survey would help
the Council consider what citizens want done over the next decade in
relation to other expenditure requests. Council is trying to decide what to
do with one historic property in isolation, which the Community Program
Board was formed to prevent happening. The Program Board looked at
the More House in isolation, in relation to the other historic properties. If
the City has such limited funds that it would consider selling a remaining
remnant of what used to be downtown Eden Prairie, then, in the big
picture, perhaps it should consider selling public-owned land. He
suggested Council send the proposal back to staff, wait for the results of
the community survey, and let the Community Program Board study this
proposal to sell the house in the context of all the City's other resources.
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Butcher said she was surprised at Case's comments, because to her the
goal of the City and the Heritage Preservation Commission is to preserve
the City's historic structures. There is a large degree of work that needs to
be done on the Smith Douglas More House to restore it, which would be
extremely costly for the City to undertake. The HPC presented two
options: one was to lease the house and the second one was to sell. The
Program Board agreed to that. The house is being preserved through a
City Ordinance. No one can touch it without review by the HPC, a
recommendation from the HPC through the City Staff and then the City
Council. Through lease or sale of that property the City can still preserve
the house. Adaptive reuse is the most strategic tool the City has to
preserve the structure.
Butcher said she talked with Charles Nelson, architectural historian for the
State Historic Preservation Office, who helps cities figure out how to
preserve structures. He said adaptive reuse is the answer for this situation.
The City of Eden Prairie has a great commitment to historic preservation.
The City has a full-time historic preservation specialist, John Gertz, which
few small cities have, and the Heritage Preservation Commission, which
has done so much work over the past decade and has received accolades
for its work. On behalf of the City, John Gertz applies for grants every
year and is rarely turned down. Butcher emphasized that, in sending out
the RFPs, the Council would be merely gathering information about a
possibility.
Butcher referenced the fact that when the City adopted its strategic
initiatives, Council agreed to do "more with less" and also talked about
balancing competing interests. One of these competing interests is
preservation of the City's historic structures. The Cummins property has
only been open a few times a year for special events, and the Riley
property has not been used for any activities so far. Butcher said it
seemed imprudent for the City to hold onto the Smith Douglas More
House in case a use might be found, putting the burden of preservation on
the City. She viewed selling or leasing the property as a "win-win"
situation for the City. She was willing to look at either leasing or selling
the property.
Tyra-Lukens said she didn't believe anyone was questioning Eden
Prairie's interest in preserving the property. By sending out RFPs, the
Council is just gathering information, but she wondered what she would
do when the information is obtained on leasing or selling possibilities, and
what that income would let them do with the other historic properties.
When Council gets the information on what the leasing or selling
possibilities are for this property, she will be wondering where else the
City can get the money to preserve it.
CITY COUNCIL MINUTES
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Page 18
Tyra-Lukens agreed with Councilmember Case that the Community
Program Board was formed,with people from a variety of backgrounds,to
look at everything that is happening in the community, to balance one area
of need against the other, consider demographics, etc. Tyra-Lukens said
she didn't get the sense this discussion on historic properties went through
that process. When she thought about the land and building as Park and
Recreation space, it changed the way she looked at maintenance and use
of it, because she considered it in conjunction with other Park and
Recreation property.
Tyra-Lukens recommended gathering all the pertinent information, then
asking the Program Board how the historic properties fit with other City-
owned property and what they think the priorities of the City are. She
doesn't think the Program Board has enough information to make that
decision in context of everything else that is going on in the community.
Mayor Harris said she believed the Program Board did do that. What they
have done is provide a recommendation based upon the City's ability to
maintain three historic properties. What they have recommended is a way
of preserving the integrity of this historic property through adaptive reuse.
The Council is being asked to review the possibilities of how adaptive
reuse might take place, either through lease or sale. In that evening's
workshop, Council discussed having a community survey that would focus
on what residents want, and that will take place about the time the
consultant is submitting his results. We can throw those results out, accept
one of two options that have been discussed or something in between, or
retain the right to make a decision at a future time.
Mayor Harris said, given the difficulties the City has at present with the
competition for dollars and Council's determination to remain fiscally
prudent, she wondered how they are going to program rehabilitating three
structures. One of Council's goals has always been to look broadly across
the community and try to obtain the most benefit for the greatest number
of people. So Council will have to make some trade-offs. This will be in
competition with police cars, a new roof for the city center, and other
capital needs. She could see no reason not to move forward with this RFP,
so she would have the information it will provide when she is considering
all those other needs of the community.
Tyra-Lukens said her concern is about the process and use of the
Community Program Board, and fitting this in context with other needs of
the community.
Mayor Harris said the Council has determined prioritization of capital
improvements, with "A" projects the top priority. At the time
Councilmembers adopted that list, they made a commitment to see that
those projects were done. Council also adopted a policy to do more with
less and use resources more effectively. She said they have been doing
CITY COUNCIL MINUTES
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Page 19
that, and a decision on leasing or selling this property is what this is all
about. The City wants to retain this structure and at the same time make it
a living and viable building in the community.
Case responded that the list of capital improvements didn't include the
three historic properties, and it was acknowledged there are more items
that should be added to the list. He said the money is there,but allocating
it depends on what you value. He values historic homes. In the context of
all the other things that need to be funded, he doesn't believe Council has
had that discussion, and the City has moved these houses away down on
the list.
Thorfinnson said criticizing the process that was used to make
recommendations on the historic properties was inappropriate. The
Community Program Board was appointed and trained by the Council.
The members know they make decisions based on the greater context of
other City needs. He has heard from people who say three houses are too
many, so Council has to consider that there are people who don't want to
keep all three. In soliciting proposals, all the Council would be doing is
gathering information. Councilmembers should go into this with an open
mind, gather the information, and then make a decision.
Butcher agreed the process that was followed was very reasonable, and all
the Councilmembers agreed to follow this process when the commissions
and boards were set up. Preservation of the houses is the goal and it can
be accomplished through private ownership. She gave the example of a
house in Maple Grove that has been renovated into a Victorian-style tea
room.
Case responded he disagreed with the process. He believed the Program
Board was charged with too specific a task; they should have been given a
broader view.
Tyra-Lukens said preservation of the houses is the goal here and she was
not convinced the only way or the best way would be through adaptive
reuse. She didn't think that other options had been really explored, such
as using the house for the City's museum or for a City office. Perhaps the
City could sell some other property and use the money to preserve this
house. When information is received through the RFPs about the sale or
lease of this property, it will be based on a numerical figure, and not based
on the needs and wants of the community.
Thorfinnson said the Council voted at the July 18 Council meeting to have
staff prepare an RFP. All Councilmembers were involved in that process.
When the proposals are received,then Council can send it back with a new
charge if they don't like the information.
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CITY COUNCIL MINUTES
AUGUST 1,2000
Page 20
Butcher added she understood what Tyra-Lukens said about finding a use
for the house, but it doesn't answer the question about who will pay for
the preservation. She said she has worked with historic structures and
museums for a couple of decades, so she knows a great deal about this
subject. It is a rare situation where museums in historic houses are able to
function successfully and to accommodate a collection of objects in a
responsible way,because of the cost of preservation and maintenance
MOTION: Butcher moved, seconded by Thorfinnson, to approve the
Request for Proposal for professional real estate services to determine the
market feasibility of lease or sale for adaptive reuse of Smith Douglas
More House and to market the property for maximum return on the City's
investment within the framework of adaptive reuse, and direct staff to
solicit proposals and return to the City Council with recommendation of a
preferred Real Estate Professional. Motion carried 3-2, with Case and
Tyra-Lukens voting nay.
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
Mayor Harris said Council Forum is held the first and third Tuesdays of the
month from 6:30 —6:55 p.m. in Heritage Room II. This will be scheduled time
following City Council Workshops and immediately preceding regular City
Council Meetings. It is important, if you wish to visit with the City Council and
Service Area Directors at this time, that you notify the City Manager's office by
noon of the meeting date with your request.
XIV. ADJOURNMENT
MOTION: Tyra-Lukens moved to adjourn the meeting. Mayor Harris adjourned the meeting at
9:45 p.m.
CITY COUNCIL AGENDA DATE:
August 15,2000
SECTION: Consent Calendar
SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Community Development Clerk's License Application ListVI.A •
&Financial Services/
Gretchen Laven
These licenses have been approved by the department heads responsible for the licensed activity.
•
Solid Waste Collector
Armor Roll-Off Services, LLC
D.B.A.: Armor Waste System
August 15,2000 - 1 -
CITY COUNCIL AGENDA
DATE: 08/15/00
SECTION: Consent Calendar
SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Community Development
Donald R.Uram Shady Oak Technology Building -.
Scott A.Kipp
Requested Action
Move to:
• Approve 2nd Reading of the Ordinance for PUD District Review with waivers and Zoning District
Change from I-5 to I-2 on 5.52 acres; and
• Adopt the Resolution for Site Plan Review; and
• Approve the Developer's Agreements for Shady Oak Technology Building.
Synopsis
This project is for a 26,024 square foot industrial building.
Two separate Developer's Agreements have been prepared for this project to address the specific
requirements and responsibilities for the owner of the proposed building and the owner of the
existing building on the property. An administrative subdivision of the property into two parcels
will take place prior to building permit issuance.
Attachments
1. Ordinance for PUD District Review with waivers and Zoning District Change
2. Resolution for Site Plan Review
3. Developer's Agreements
•
1
• SHADY OAK TECHNOLOGY BUILDING
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO.21-2000-PUD-13-2000
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
I-5 Zoning District and be placed in the Planned Unit Development I-2 Zoning District 21-2000-
PUD-13-2000(hereinafter"PUD-13-2000-I-2").
Section 3. The land shall be subject to the terms and conditions of that certain
Developer's Agreements dated as of August 15, 2000, entered into between Shady Oak Center,
L.L.C., and the City of Eden Prairie, and The Aliens Three and the City of Eden Prairie
(hereinafter "Developer's Agreements"). The Developer's Agreements contains the teens and
conditions of PUD-13-2000-I-2, and are hereby made a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD-13-2000-I-2 is not in conflict with the goals of the Comprehensive Guide
Plan of the City.
B. PUD-13-2000-I-2 is designed in such a manner to form a desirable and unified
environment within its own boundaries.
. r
C. The exceptions to the standard requirements of Chapters 11 and 12 of the City
Code that are contained in PUD-13-2000-I-2 are justified by the design of the
development described therein.
D. PUD-13-2000- I-2 is of sufficient size, composition, and arrangement that its
construction, marketing, and operation is feasible as a complete unit without
dependence upon any subsequent unit.
Section 5. The proposal is hereby adopted and the land shall be, and hereby is
removed from the 1-5 Zoning District and shall be included hereafter in the Planned Unit
Development PUD-13-2000-I-2 and the legal descriptions-of land in each district referred to in
City Code Section 11.03, subdivision 1, subparagraph B,shall be and are amended accordingly.
Section 6. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled
"Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated
verbatim herein.
Section 7. This Ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
•
18th day of July, 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 15th day of August
2000.
•
•
ATTEST:
Kathleen A.Porta, City Clerk Jean L.Harris,Mayor
PUBLISHED in the Eden Prairie News on
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3
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Exhibit A
Legal Description
Shady Oak Technology Building.
Lot 1,Block 2, SHADY OAK INDUSTRIAL PARK, according to the recorded plat thereof,
Hennepin County,Minnesota.
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•
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SHADY OAK TECHNOLOGY BUILDING
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,IVIINNESOTA
SUMMARY OF
ORDINANCE NO.21-2000-PUD-13-2000
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:
Summary: This ordinance allows rezoning of land located at 6875 Shady Oak
Road, from I-5 to I-2 on 5.52 acres. Exhibit A, included with this Ordinance, gives the
full legal description of this property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
•
Kathleen A.Porta, City Clerk Jean L.Harris,Mayor
PUBLISHED in the Eden Prairie News on •
(A full copy of the text of this Ordinance is available from City Clerk.)
5
SHADY OAK TECHNOLOGY BUILDING
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2000-
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR SHADY OAK TECHNOLOGY BUILDING
BY SHADY OAK CENTER L.L.C.
WHEREAS, Shady Oak Center L.L.C., has applied for Site Plan approval of Shady Oak
Technology Building on 5.52 acres for construction of a 26,024 square foot industrial building;
and
WHEREAS,the Community Planning Board reviewed said application at a public
hearing at its June 26, 2000, Community Planning Board meeting and recommended approval of
said site plans; and
WHEREAS,the City Council has reviewed said application at a public hearing at its •
July 18,2000,meeting;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Shady Oak Center
L.L.C., for construction of a 26,024 square foot industrial building,based on plans dated June 30,
2000,between Shady Oak Center L.L.C. and the City of Eden Prairie.
ADOPTED by the City Council on August 15,2000.
Jean L. Harris,'Mayor
ATTEST:
Kathleen A. Porta, City Clerk .
DEVELOPER'S AGREEMENT
SHADY OAK TECHNOLOGY BUILDING—PARCEL A
THIS AGREEMENT is entered into as of August 15, 2000, by The Aliens Three, a
Minnesota partnership, hereinafter referred to as "Developer," and the CITY OF EDEN
PRAIRIE, a municipal corporation,hereinafter referred to as "City":
WITNESSETH:
WHEREAS, on January 2, 1979, Richard W. Anderson, Inc. (hereinafter "Anderson") a
Minnesota corporation and the City of Eden Prairie (hereinafter "City") entered into that certain
Developer's Agreement pertaining to Lot 1, Block 2, Shady Oak Industrial Park, Hennepin
County, Minnesota (hereinafter the "Original Developer's Agreement"). The Original
Developer's Agreement was recorded with the Hennepin County Recorder on April 4, 1979 as
Document No. 4462333.
WHEREAS, Developer desires to subdivide Lot 1, Block 2, Shady Oak Industrial Park
into two parcels herein referred to as Parcel A(the"Property"), and Parcel B.
WHEREAS,Developer is responsible for the Property.
WHEREAS,Developer is the successor in interest to Anderson.
WHEREAS, Developer has applied to City for Planned Unit Development Concept
Review on 5.52 acres, Planned Unit Development District Review with waivers, and Zoning
District Change from I-5 to I-2 on 5.52 acres, and Site Plan Review on 5.52 acres.
WHEREAS, the Developer and the City desire to amend the Original Developer's
Agreement as set forth herein.
NOW, THEREFORE, in consideration of the City adopting Resolution No.
for Planned Unit Development Concept Review, Ordinance No. for Planned Unit
Development District Review and Zoning District Change from I-5 to I-2, and Resolution No.
for Site Plan Review, 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 June 30, 2000, reviewed and approved by the City Council on July 18,
2000, and attached hereto as Exhibit B, subject to such changes and modifications as
provided herein.
2. EXISTING BUILDING: An existing building is situated on a 2.82 acre site and is
referred to in Exhibit B as Parcel A.
3. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: As it may pertain
to the new curbing on the north lot line of the Property, 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.
4. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a
violation of City Code relating to use of the Property construction thereon or failure to
fulfill an obligation imposed upon Developer pursuant to this Agreement, City need not
issue a building or occupancy permit for construction or occupancy on the Property while
such a violation is continuing,unless waived by City.
The existence of a violation of City Code or the failure to perform or fulfill an obligation
required by this Agreement shall be determined solely and conclusively by the City
Manager of the City or a designee.
5. EXHIBIT C:. Developer agrees to the terms, covenants, agreements, and conditions set
forth in Exhibit C.
6. GRADING,DRAINAGE,AND EROSION CONTROL PLANS:
A. FINAL GRADING AND DRAINAGE PLAN: As it may pertain to the new
curbing on the north lot line of the Property, 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, upon request
by the City.
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.
7. PRIVATE DRIVEWAY: Prior to issuance of any grading permit for the Property,
Developer shall submit proof to the City Planner that the reciprocal, joint access and
maintenance agreement for the shared driveway to the north is amended to include the
Property and has been filed against the Property with the Hennepin County
Recorder's/Registrar of Titles' Office in a form approved in writing by the City Planner.
8. PROOF OF PARKING SPACES: Developer and City acknowledge that the 16 proof
of parking spaces proposed for the Property, depicted in Exhibit B, are designated for use
by the Property and that said spaces are not required to be constructed at this time.
At such time as the City Manager, in his or her sole discretion, determines that it is
necessary for all or a portion of the proof of parking spaces to be constructed in order to
accommodate the Property, the City Manager shall notify Developer in writing of the
need to construct additional proof of parking spaces. This notification shall include the
number, location and timetable for construction of the additional proof-of-parking spaces.
Developer shall comply with all requirements contained in the City Manager's
notification.
9. SUBDIVISION OF THE PROPERTY: Prior to issuance of any grading permit for the
Property, Developer shall submit to the City Engineer proof that the subdivision of Lot 1,
Block 2, Shady Oak Industrial Park has been recorded with Hennepin County.
10. RECORDING AGREEMENT: Developer shall file this Agreement with the Registrar
of Deeds or Registrar of Titles, Hennepin County,and supply the City with a copy of this
Agreement with information as to Document Number and date and time of filing duly
certified thereon within 60 days from the date of this Agreement.
DEVELOPER'S AGREEMENT
SHADY OAK TECHNOLOGY BUILDING—PARCEL B
THIS AGREEMENT is entered into as of August 15, 2000, by Shady Oak Center,
L.L.C., a Minnesota limited liability company, hereinafter referred to as "Developer " and the
CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City":
WITNESSETH:
WHEREAS, on January 2, 1979, Richard W. Anderson, Inc. (hereinafter "Anderson") a
Minnesota corporation and the City of Eden Prairie (hereinafter "City") entered into that certain
Developer's Agreement pertaining to Lot 1, Block 2, Shady Oak Industrial Park, Hennepin
County Minnesota (hereinafter the "Original Developer's Agreement"). The Original
Developer's Agreement was recorded with the Hennepin County Recorder on April 4, 1979 as
Document No. 4462333.
•
WHEREAS, Developer desires to subdivide Lot 1, Block 2, Shady Oak Industrial Park
. into two parcels referred to as Parcel A and B (Parcel B hereinafter referred to as the"Property").
WHEREAS,Developer is responsible for the Property.
WHEREAS,Developer is the successor in interest to Anderson.
WHEREAS, Developer has applied to City for Planned Unit Development Concept
Review on 5.52 acres, Planned Unit Development District Review with waivers, and Zoning
District Change from I-5 to I-2 on 5.52 acres, and Site Plan Review on 5.52 acres.
WHEREAS, the Developer and the City desire to amend the•Original Developer's
Agreement as set forth herein.
NOW, THEREFORE, in consideration of the City adopting Resolution No.
for Planned Unit Development Concept Review, Ordinance No. for Planned Unit
Development District Review and Zoning District Change from I-5 to I-2, and Resolution No.
for Site Plan Review, 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 June 30, 2000, reviewed and approved by the City Council on July 18,
2000, and attached hereto as Exhibit B, subject to such changes and modifications as
provided herein.
• 2. PROPOSED BUILDING: Developer plans a proposed building of approximately
26,024 square feet on a 2.7 acre site identified as Parcel B on Exhibit B.
/0
3. 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.
4. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a
violation of City Code relating to use of the Property construction thereon or failure to
•
fulfill an obligation imposed upon Developer pursuant to this Agreement, City need not
issue a building or occupancy permit for construction or occupancy on the Property while
such a violation is continuing,unless waived by City.
The existence of a violation of City Code or the failure to perform or fulfill an obligation
required by. this Agreement shall be determined solely and conclusively by the City
Manager of the City or a designee.
5. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set
forth in Exhibit C.
6. EXTERIOR MATERIALS: Prior to building permit issuance for .the Property,
Developer shall submit to the City Planner, and receive the City Planner's written
. approval of a plan depicting exterior materials and colors to be used on the buildings on
the Property.
Prior to issuance of any occupancy permit for the Property, Developer shall complete
implementation of the approved exterior materials and colors plan in accordance with the
terms and conditions of Exhibit C, attached hereto.
7. GRADING,DRAINAGE,AND 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, vtater 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,
upon request by the City.
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, upon
request by the City.
8. IRRIGATION PLAN: Prior to building permit issuance for the Property, Developer
shall submit to the City Planner and receive the City Planner's written approval of a plan
for irrigation of the landscaped areas on the Property.
Developer shall complete implementation of the approved irrigation plan in accordance
with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for
the Property.
9. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to
the City Planner and receive the City Planner's written approval of a final landscape plan
for the Property. The approved landscape plan shall be consistent with the quantity, type,
and size of plant materials shown on the landscape plan•on Exhibit B. 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. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City
Planner, and receive the City Planner's written approval of a plan for screening of
mechanical equipment on the Property. For purposes of this paragraph, "mechanical
equipment" includes gas meters, electrical conduit, water meters, and standard heating,
ventilating, and air-conditioning units. Security to guarantee construction of said
screening shall be included with that provided for landscaping on the Property, in
ID
accordance with City Code requirements. Developer shall complete implementation of
. the approved plan prior to issuance of any occupancy permit for the Property.
If, after completion of construction of the mechanical equipment screening, it is
determined by the City Planner, in his or her sole discretion, that the constructed
screening does not meet the Code requirements to screen mechanical equipment from
public streets and differing, adjacent land uses, then the City Planner shall notify
Developer and Developer shall take corrective action to reconstruct the mechanical
equipment screening in order to cure the deficiencies identified by the City Planner.
Developer agrees that the City will not release the security provided until Developer
completes all such corrective measures.
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11. PRIVATE DRIVEWAY: Prior to issuance of any building permit for the Property,
Developer shall submit proof to the City Planner that the reciprocal, joint access and
maintenance agreement for the shared driveway to the north is amended to include the
Property •and has been filed against the Property with the Hennepin County
Recorder's/Registrar of Titles'Office in a form approved in writing by the City Planner.
12. SUBDIVISION OF THE PROPERTY: Prior to issuance of any building permit for the
Property, Developer shall submit to the City Engineer proof that the subdivision of Lot 1,
Block 2, Shady Oak Industrial Park has been recorded with Hennepin County, and that •
the Developer has fee title to the Property as depicted in Exhibit B.
. 13. PUD WAIVERS GRANTED: The city hereby grants to the Property the following
waivers to City Code requirements within the I-2 Zoning District through the Planned
Unit Development District Review for the Property and incorporates said waivers as part
of PUD for the Property.
A. Office use up to 75%. City Code maximum in the I-2 Zoning District is
50%.
14. SITE LIGHTING: Prior to building permit issuance,Developer shall submit to the City
Planner and receive the City Planner's written approval of a plan for site lighting for the
Property. All parking lot lighting shall consist of downcast shoebox fixtures not to
exceed 25 feet in height. Developer shall complete implementation of the approved
lighting plan prior to issuance of any occupancy permit for the Property.
15. TRASH: Developer agrees that all trash, trash receptacles and recycling bins shall at all
times be located inside of the building on the Property, as depicted on Exhibit B.
16. TRAVEL DEMAND MANAGEMENT PLAN: Developer shall implement the Travel
Demand Management Plan (TDM) attached as Exhibit E for the Property to help reduce
traffic congestion in the area. Prior to issuance of a building permit for the Property,
Developer will provide to the City a Letter of Credit in the amount equal to the estimated
cost($18,600) of implementing the first two years of the TDM Plan. The Letter of Credit
will be released to Developer on a "draw-down" basis during the later of the first two
13
years of building occupancy or first two years of TDM Plan implementation, in the
following manner:
Developer shall periodically submit to the City receipts of expenses associated with
executing the TDM Plan. The City shall have 15 business days to review the receipts. If
within this 15 day period the City does not provide Developer with written notice that it
objects to all or any portion of the expenses which Developer has submitted as TDM
implementation expenses then in such event Developer may also exchange for the then
existing Letter of Credit, a new or amended Letter of Credit in an amount equal to the
previous total,less the total receipts submitted.
17. JANUARY 2, 1979 DEVELOPER'S AGREEMENT: Paragraphs 2, 3, 4, 5, 6, 7, 8,
10, 11,12, 13, 14, 16, 17, 18, of the Original Developer's Agreement no longer apply to
the Property. Paragraphs 1, 9, and 15 of the Original Developer's Agreement shall
remain in full force and effect.
18. RECORDING AGREEMENT: Developer shall file this Agreement with the Registrar
of Deeds or Registrar of Titles,Hennepin County, and supply the City with a copy of this
Agreement with information as to Document Number and date and time of filing duly
certified thereon within 60 days from the date of this Agreement.
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CITY COUNCIL AGENDA
DATE: 08/15/00
SECTION: Consent Calendar
SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Community Development
Donald R.Uram U.S. West . C
Krista Flemming
Requested Action
Move to:
• Approve 2nd Reading of the Ordinance for PUD District Review with waivers within the I-2
Zoning District on 1.09 acres; and
• Adopt Resolution for Site Plan Review; and
• Approve the Developer's Agreement for U.S. West Addition.
Synopsis
This project is for a 3,850 sq. ft. addition to the south side of the existing one story building
located at 7825 Fuller Road.
Attachments
1. Ordinance for PUD District Review with waivers and Zoning District Amendment
2. Resolution for Site Plan Review
3. Developer's Agreement
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U.S.WEST ADDITION
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO.23-2000-PUD-15-2000
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CERTAIN LAND WITHIN A ZONING DISTRICT, AMENDING THE LEGAL
DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE
CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS,
CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance (hereinafter, the
"land") is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be amended within
the I-2 Zoning District 23-2000-PUD-15-2000 (hereinafter "PUD-15-2000-I-2).
Section 3. The land shall be subject to the terms and conditions of that certain
Developer's Agreement dated as of August 15, 2000, entered into between U.S. West and the
City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement
• contains the terms and conditions of PUD-15-2000-I-2, and are hereby made a part hereof.
Section 4. The City Council hereby makes the following findings:
•
A. PUD-15-2000-I-2 is not in conflict with the goals of the Comprehensive Guide
Plan of the City.
B. PUD-15-2000-I-2 is designed in such a manner to form a desirable and unified
environment within its own boundaries.
C. The exceptions to the standard requirements of Chapters 11 and 12 of the City
Code that are contained in PUD-15-2000-I-2 are justified by the design of the
development described therein. r
D. PUD-15-2000-I-2 is of sufficient size, composition, and arrangement that its
construction, marketing, and operation is feasible as a complete unit without dependence
upon any subsequent unit.
Section 5. The proposal is hereby adopted and the land shall be, and hereby is
amended within the 1-2 District and shall be included hereafter in the Planned Unit Development
15-2000-I 2, and the legal descriptions of land in each district referred to in City Code Section
11.03, subdivision 1,subparagraph B,shall be and are amended accordingly.
Section 6. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled
"Violation a Misdemeanor" are hereby adopted in their entirety by reference; as though repeated
verbatim herein.
Section 7. This Ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
18th day of July, 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 15th day of August,
2000.
ATTEST:
Kathleen A.Porta,City Clerk Jean L.Harris,Mayor
PUBLISHED in the Eden Prairie News on
•
3
US WEST-Glen Prairie Legal Description
DESCRIPTION PROVIDED BY CLIENT PER CER 1II 1CATE OF TTILE NO. 720756.5
Parcel 1: Outlot 1, Eden Prairie Industrial Park, except that part of said Outlot 1 shown as Parcel
218A on Minnesota Department of Transportation Right of Way plats Numbered 27-45 and 27-46 as
the same are on file and of record in the office of the Registrar of Tides in and for Hennepin County,
Minnesota.
Parcel 2: That part of the following described property: That part of the Northwest Quarter of the
Northwest.Quarter Section 16, and that part of the Northeast Quarter of the Northeast Quarter Section
17, all in Township 116, Range 22, described as beginning at the Northwest corner of the Northwest
Quarter of Section 16, Township 116, Range 22; thence South along the West line of said Northwest
Quarter to its intersection with the Southerly right-of-way line of State Trunk Highway No. 5; thence
East along said Southerly right-of-way to the Northeasterly corner of Outlot 1, Eden Prairie Industrial
Park; thence Southwesterly along the Southeasterly line of said Oudot 1 to its intersection with North
line of Lot 2, Block 1, Eden Prairie Industrial Park; thence East along the North line of said Lot 2,
Block 1, to its intersection with the West line of Lot 1, Block 1, Eden Prairie Industrial Park; thence
North along the West line of said Lot 1, Block 1, and an extension thereof, to its intersection with the
North line of said Northwest Quarter, thence West along the North line of said Northwest Quarter to
the point of beginning, according to the Government Survey thereof, which lies westerly of the
Easterly 150 feet of the above described property, except that part thereof shown as Parcel 218A on
Minnesota Department of Transportation Right of Way Plats Numbered 27-45 and 27-46 as the same
are on file and of record in the office of the Registrar of Titles in and for Hennepin County,
Minnesota.
Subject to an easement for highway and snow fence purposes in favor of the State of Minnesota as set
forth in the instrument recorded in Book 2145 of Deeds, page 149, as Document.No. 3087392;
Subject to a transmission line easement, as described in the stipulation on file herein, together with
incidental rights connected therewith as set forth in the instrument recorded in Book 1095 of Deeds,
page 148, as Document No. 1326108, in favor of the Northern States Power Company over the
property described as follows: that part of the Northwest Quarter of the Northwest Quarter, Section
16, Township 116, Range 22 beginning at the Northwest corner of the Northwest Quarter of Section
16, Township 116, Range 22, thence South along the West line of said Northwest Quarter a distance
of 10 feet; thence East to a point on the extension Northerly of the West line of Lot 1, Block 1, Eden
Prairie Industrial Park, which point is 10 feet South of the North line of the Northwest Quarter of the
Northwest Quarter of said Section 16, as measured along the extension Northerly of the West line of
said Lot, Block 1, thence North along the extension Northerly of the West line of said Lot 1 Block 1, to
the North line of the Northwest Quarter of the Northwest Quarter of said Section 16, thence West
along the North line of the Northwest Quarter of the Northwest Quarter of said Section 16 to the point
of beginning;
•
Subject to all rights of access and a temporary easement for highway purposes over part of above land,
as shown in deed Doc. No. 1951010: Said temporary easement shall cease on December 1, 1993.
PCLIENTS\O662 z56oi cicn P c OS L-rxu 1.a«
U.S.WEST ADDITION
•
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
SUMMARY OF
ORDINANCE NO.23-2000-PUD-15-2000
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,
AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT,
AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION
11.99,WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA,
ORDAINS:
Summary: This ordinance allows amendment of the zoning of land located at
7825 Fuller Road within the I-2 Zoning District. Exhibit A, included with this
Ordinance,gives the full legal description of this property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST: •
Kathleen A. Porta, City Clerk Jean L. Harris,Mayor
PUBLISHED in the Eden Prairie News on the
(A full copy of the text of this Ordinance is available from City Clerk.)
U.S.WEST ADDITION
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.2000-
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR U.S.WEST ADDITION
BY U.S. WEST
•
WHEREAS,U.S. West has applied for Site Plan approval of U.S. West Addition on 1.09
acres for construction of a 3,850 s.f. building expansion,to be zoned in the I-2 Zoning District on
1.09 acres by an Ordinance approved by the City Council on August 15,2000; and
WHEREAS, the Community Planning Board reviewed said application at a public
hearing at its June 12,2000,meeting and recommended approval of said site plans; and
WHEREAS,the City Council has reviewed said application at a public hearing at its
July 18, 2000, meeting.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF EDEN PRAIRIE, that site plan approval is granted to U.S. West, for the
construction of a 3,850 s.f. building expansion, based on plans dated June 30, 2000, between
U.S. West and the City of Eden Prairie.
ADOPTED by the City Council on August 15, 2000.
Jean L. Harris,Mayor
ATTEST:
r
Kathleen A. Porta, City Clerk
DEVELOPER'S AGREEMENT
U.S. West Addition
THIS AGREEMENT is entered into as of August 15, 2000, by Qwest, 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 Planned Unit Development Concept Review
on 1.09 acres,Planned Unit Development District Review with waivers in the I-2 Zoning District on
•
1.09 acres, and Site Plan Review on 1.09 acres, legally described on Exhibit A(the "Property");
NOW,THEREFORE,in consideration of the City adopting Resolution No.2000-
120 for Planned Unit Development Concept Amendment, Ordinance No. for Planned
Unit Development District Review and waivers in the I-2 Zoning District, and Resolution.No.
for Site Plan Review,Developer shall to construct, develop and maintain the Property as
follows:
Standard Conditions:
1. PLANS: Developer shall develop the Property in conformance with the materials revised
and dated June 30,2000,reviewed and approved by the City Council on July 18,2000, 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. EXTERIOR MATERIALS: Prior to building permit issuance,Developer shall submit to
the City Planner,and receive the City Planner's written approval of a plan depicting exterior
materials and colors to be used on the buildings on the Property.
Prior to issuance of any occupancy permit for the Property, Developer shall complete
implementation of the approved exterior materials and colors plan in accordance with the
terms and conditions of Exhibit C, attached hereto.
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. LANDSCAPE PLAN: Prior to building permit issuance,the Developer shall submit to the
City Planner and receive the City Planner's written approval of a final landscape plan for the
• Property. The approved landscape plan shall be consistent with the quantity,type, and size
of plant materials shown on the landscape plan on Exhibit B. 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.
6. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City
Planner,and receive the City Planner's written approval of a plan for screening of mechanical
equipment on the Property. For purposes of this paragraph, "mechanical equipment"
includes gas meters, electrical conduit,water meters, and standard heating,ventilating,and
air-conditioning units. Security to guarantee construction of said screening shall be included
with that provided for landscaping on the Property, in accordance with City Code
requirements. Developer shall complete implementation of the approved plan prior to
0
•
issuance of any occupancy permit for the Property.
•
If, after completion of construction of the mechanical equipment screening,it is determined
by the City Planner,in his or her sole discretion,that the constructed screening does not meet
the Code requirements to screen mechanical equipment from public streets and differing,
adjacent land uses, then the City Planner shall notify Developer and Developer shall take
corrective action to reconstruct the mechanical equipment screening in order to cure the
deficiencies identified by the City Planner. Developer agrees that the City will not release
the security provided until Developer completes all such corrective measures.
7. PERFORMANCE STANDARDS: Developer agrees that the Property will be operated in
a manner meeting all applicable noise,vibration, dust and dirt, smoke, odor and glare laws
and regulations. Developer further agrees that the facility upon the Property shall be
operated so noise, vibration, dust and dirt, smoke, odor and glare do not go beyond the
Property boundary lines.
8. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code
requirements within the I-2 Zoning District through the Planned Unit Development District
Review for the Property and incorporates said waivers as part of PUD 2000-120:
• Building front yard setback from 50 feet to 21 feet along South Frontage Road
• Parking from 11 spaces to 6 spaces
Developer shall provide additional screening within the setback in or to minimize the impact
of this waiver. The plans for the additional screening shall be submitted to and approved in
writing by the City Planner prior to issuance of any building permit for the Property.
9. NURP POND: Developer acknowledges City's requirement that a NURP facility for the
treatment of storm water be created and maintained on the Property. Developer has
represented to City that construction of such a pond on the Property is not feasible. As a
result, Developer has volunteered to make a payment to City in the amount of$2,530.00,
which Developer and City agree is an amount sufficient to substantially offset the additional
impact on the City's storm water facilities caused by the absence of a NURP pond on the
Property. Developer waives any and all rights to object to the nature or amount of this
voluntary payment and should hold harmless, defend and indemnify City against any claims
made by any party that the nature or amount of the payment is invalid for any reason.
Developer acknowledges that this payment is in lieu of a NURP facility only and that
Developer and the Property may still be assessed or charged other amounts for construction
and maintenance of storm water facilities,including but not limited to amounts for the storm
water utility fund and special assessments relating to the Property.
10. 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.
11. 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.
•
10
CITY COUNCIL AGENDA
DATE: 08/15/00
SECTION: Consent Agenda
SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Community Development
Donald R. Uram Ivers Addition -DI ,D ,
Michael D. Franzen
Requested Action
Move to:
• Approve 2nd Reading of the Ordinance for Zoning District Amendment; and
• Approve the Developer's Agreement for Ivers Addition.
Synopsis
This is for 3 single family lots located at 17221 Terrey Pine Drive.
Attachments
1. Ordinance for Zoning District Amendment
2. Developer's Agreement
I
IVERS ADDITION
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO.24-2000-PUD-16-2000
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,
AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, AMENDING
THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND,
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99
WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA,
ORDAINS:
Section 1. That the land which is the subject of this Ordinance (hereinafter,
the "land") is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be amended
within the R1-22 Zoning District 24-2000-PUD-16-2000 (hereinafter "PUD-16-2000-
R1-22").
Section 3. The land shall be subject to the terms and conditions of that certain
Developer's Agreement dated as of August 15, 2000, entered into between Jerry Klooster
and Diane Springer-Klooster and the City of Eden Prairie, (hereinafter "Developer's
Agreement"). The Developer's Agreement contains the terms and conditions of PUD-16-
2000-R1-22, and are hereby made a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD-16-2000-R1-22 is not in conflict with the goals of the
Comprehensive Guide Plan of the City.
B. PUD-16-2000-R1-22 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-16-2000-R1-22 are justified by the
design of the development described therein.
D. PUD-16-2000-R1-22 is of sufficient size, composition, and arrangement
that its construction, marketing, and operation is feasible as a complete
unit without dependence upon any subsequent unit.
Section 5. The proposal is hereby adopted and the land shall be, and hereby is
amended within the R1-22 Zoning District and shall be included hereafter in the Planned
Unit Development 16-2000-R1-22, 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 15th day of August, 2000.
ATTEST:
Kathleen A. Porta, City Clerk Jean L. Harris,Mayor
PUBLISHED in the Eden Prairie News on
3
Exhibit A
Legal Description
Ivers Addition
Outlot A, and Lot 1,Block 1, Springer Klooster Addition, according to the recorded plat
thereof and situated in Hennepin County,Minnesota.
and:
That part of Government Lot 1, Section 17,Township 116,Range 22, described as
follows: Commencing at the northeast corner of said Government Lot 1;thence on an
assumed bearing of West along the north line of said Government Lot 1 a distance of
1,712.00 feet; thence on a bearing of South a distance of 100.50 feet to the actual point of
beginning of the tract of land to be described; thence on a bearing of East a distance of
140.00 feet; thence South 1 degree 42 minutes 00 seconds East to the shore of Mitchell
Lake; thence Westerly along said shore line to an intersection with a line which bears
South from the point of beginning.
•
IVERS ADDITION
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF
ORDINANCE NO. 24-2000-PUD-16-2000
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,
AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT,
AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION
11.99,WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA,
ORDAINS:
Summary: This ordinance allows amendment of the zoning of land located at
17221 Terrey Pine Drive within the R1-22 Zoning District. Exhibit A, included with this
Ordinance, gives the full legal description of this property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
Kathleen A. Porta, City Clerk Jean L. Harris, Mayor
PUBLISHED in the Eden Prairie News on
(A full copy of the text of this Ordinance is available from City Clerk.)
HERS ADDITION
DEVELOPER'S AGREEMENT
THIS AGREEMENT is entered into as of August 15,2000,by Glenn Fristed and
Deborah Fristed,husband and wife; Jerry Klooster and Diane Springer-Klooster,husband and
wife; and William Goers and Vicky Goers,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 the Planned Unit Development Concept
Review on 4.41 acres, Planned Unit Development District Review on 4.41, Zoning District
Amendment in the R1-22 Zoning Distract on 4.41 acres, and Preliminary Plat of 4.41 acres into 3
lots, legally described on Exhibit A(the"Property");
•
NOW, THEREFORE, in consideration of the City adopting Resolution
No. for Planned Unit Development Concept Amendment, Ordinance No. for
Planned Unit Development District Review and Zoning District amendment in the R1-22 district,
and Resolution No. 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 15, 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. PRIVATE DRIVEWAY: Prior to the release by the City of any final plat for the
Property, Developer shall submit proof to the City Planner that a reciprocal,joint access
and maintenance agreement for the shared driveway has been filed against the Property
with the Hennepin County Recorder's/Registrar of Titles' Office in a form approved in
writing by the City Planner.
4. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City
Code requirements within the R1-22 District through the Planned Unit Development
District Review for the Property and incorporates said waivers as part of PUD (list PUD
number):
6
Proposed Lot 1
• Street frontage from 90 feet to 52.14.
• Shoreland setback from 150 feet to 145 feet.
• Shoreland lot width at building line from 150 to 140 feet.
• Shoreland lot width at the high water mark from 150 to 140 feet.
Proposed Lot 2
• Shoreland setback from 150 feet to 145 feet.
• Shoreland lot width at building line from 150 to 120 feet.
• Shoreland lot width at the high water mark from 150 to 140 feet.
Proposed Lot 3
• Shoreland setback from 150 feet to 95 feet.
• Shoreland lot width at building line from 150 to 130 feet.
The waivers are granted based on the following conditions:
1. Developer shall extend public water from the west to the east property line.
2. Any additions to the existing home on lot three can be no closer to the lake than
the existing house. If any of the existing houses are torn down, any new house
must meet the 150-foot shoreland setback.
3. The existing house on Lot 3 must be removed from the Property within 6 months
of the date a building permit issueance for the construction of a new structure. No
building permit will be issued for the construction of a new structure on Lot 3
unless and until a bond conditioned upon the removal of the existing structure
submitted to the City naming the City as obligee, from a surety approved by the
City and in the amount of 150 percent of the estimated cost of removal.
4. The existing homes and any new home must hook up to public sewer if the
existing septic and drainfield systems serving such structure fail or need to be
replaced.
5. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of a final plat for any
portion of the Property, Developer agrees to sign an assessment agreement, attached as
Exhibit D, for the extension of an 8inch watermain from the existing watermain at the
west property line to the east property line.
6. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall
release, defend and indemnify City, its elected and appointed officials, employees and
agents from and against any and all claims, demands, lawsuits, complaints, loss, costs
(including attorneys' fees), damages and injunctions relating to any acts, failures to act,
errors, omissions of Developer or Developer's consultants, contractors, subcontractors,
suppliers and agents. Developer shall not be released from its responsibilities to release,
defend and indemnify because of any inspection,review or approval by City.
7. 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.
8. RIGHT OF ENTRY. The Developer shall grant to the City a Right of Entry, attached
hereto as Exhibit E,to enter upon the property to survey, design, and construct an 8-inch
watermain through the property. Developer shall further provide at no cost to the City,
temporary and permanent utility easements to accommodate the construction
maintenance and operation of the 8-inch watermain. The temporary and permanent
utilities easements shall be granted in the form attached hereto as Exhibit F.
CITY COUNCIL AGENDA DATE:
August 15,2000
SECTION: Consent Calendar
SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Engineering Services Grading Permit for Temporary Parking Lot at
Randy L. Slick Southwest Station ` .. ,
Requested Action
Move to: Authorize issuance of grading permit to Southwest Metro Transit to construct
a temporary parking facility. The capacity of the parking lot would be
approximately 284 vehicles.
Synopsis
Southwest Metro Transit is requesting City approval for a temporary parking lot expansion of
284 stalls at their facility located at 13500 Technology Drive. The temporary parking lot would
serve mainly State Fair commuters, and also as an overflow parking lot during the future
construction of the parking ramp located on the east side of the existing building.
Engineering staff has reviewed the plans for conformance to our standards for erosion control
and drainage. Planning staff has reviewed the proposal for conformance to City Code. The plan
is in conformance with City Code and policy related to erosion control.
•
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CITY COUNCIL AGENDA DATE:
August 15, 2000
SECTION: Consent Calendar
SERVICE AREA/DIVISION: ITEM DESCRIPTION: LC. 96-5406 ITEM NO.:
Engineering Services Approve Plans and Specifications and Order
Alan D. Gray Advertisement for Bids for the Highview Drive/ V
Lakeland Terrace Area
Requested Action
Move to: Adopt resolution approving plans and specifications and calling for bids for
I.C. 96-5406,Highview Drive/Lakeland Terrace Improvements.
Synopsis
With the assistance of SEH, the City Engineer has prepared plans and specifications for street
and utility improvements serving Highview Drive/Lakeland Terrace and adjoining properties.
Advertising for bids is the next step in the consideration of these improvements.
Background Information
Based on the results of a public hearing for the above referenced project, Council previously
authorized the preparation of plans and specifications.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ORDERING ADVERTISEMENT FOR BIDS
WHEREAS, the City Engineer, through SEI, has prepared plans and specifications for the
following improvements to wit:
I.C. 96-5406—Highview Drive/Lakeland Terrace Area Street and Utility Improvements
and has presented such plans and specifications to the Council for approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EDEN PRAIRIE:
1. Such plans and specifications, a copy of which is on file for public inspection in the
City Engineer's office, are hereby approved.
2. The City Clerk shall prepare and cause to be inserted in the official paper and in the
Construction Bulletin an advertisement for bids upon the making of such
improvement under such approved plans and specifications. The advertisement shall
be published for three weeks, shall specify the work to be done, shall state that bids
shall be received until September 14, 2000, at City Hall after which time they will be
publicly opened by the Deputy City Clerk and Engineer, will then be tabulated, and
will be considered by the Council at 7:00 p.m., Tuesday, September 19, at the Eden
Prairie City Hall, Eden Prairie. No bids will be considered unless sealed and filed
with the clerk and accompanied by a cash deposit, cashier's check, bid bond or
certified check payable to the City for 5%(percent)of the amount of such bid.
ADOPTED by the Eden Prairie City Council on August 15, 2000.
Jean L.Harris,Mayor
ATTEST: SEAL
Kathleen A.Porta, Clerk
a
CITY COUNCIL AGENDA DATE:
August 15, 2000
SECTION: Consent Calendar
SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Engineering Services Release of Land from Special Assessment
Jim Richardson Agreement for Utilities and Streets for the VI G
Development of Shady Oak Industrial Park
Requested Action
Move to: Approve the Release of Land from the Special Assessment Agreement for
placing of utilities and streets to benefit the Shady Oak Industrial Park.
Synopsis
Staff recommends that the City Council approve the Release of Land from Special Assessment
Agreement and authorize the Mayor and City Manager to sign the release.
Background Information
In August of 1979, the City entered into a Special Assessment Agreement with Northwestern
National Life Insurance Company, The Aliens Three, Melvin G. and Jane Astleford, Donald and
Carol Hagen, Herbert and Marion Mason, Archie and Marie Carter, Random Specialties and
Richard W. Anderson, Inc., regarding the levying of special assessments for placing of utilities
and streets for the benefit and development of the Shady Oak Industrial Park. The completion of
all improvements has been accomplished and the costs assessed to all property. Therefore, it is
appropriate and timely to release the agreement.
Attachments
Release of Land
RELEASE OF LAND
This Release of Land is executed by the City of Eden Prairie, a Minnesota municipal corporation("City"),
and is dated as of August 15,2000.
FACTS
•
1. ' A certain Agreement Regarding Special Assessments ("Agreement") dated August 16,
1979, was executed by and between the City, and Northwestern National Life Insurance
Company, The Aliens Three, Melvin G. and Jane Astleford, Donald and Carol Hagen,
Herbert and Marion Mason,Archie and Marie Carter,Random Specialties and Richard W.
Anderson,Inc.which Agreement was filed as Document No.4517588 with the Hennepin
County Recorder on October 31, 1979.
2. The special assessments contemplated by the Agreement have been levied and the time for
appeal has expired.
To evidence the fact that the special assessments have been levied and the time for appeal has expired,the
City is executing this Release of Land.
The property affected by this release is:
TRACT A
That part of the Southwest Quarter of Section 1, Township 116 North, Range 22 West of the 5th Principal
Meridian, described as follows: commencing at a point on the East line of said Southwest Quarter, distant
60 rods South of the North line thereof; thence West parallel to the North line of said Southwest Quarter a
distance of 500 feet;thence Southeasterly along a line drawn to a point on the South line of the North Half
of the Southeast Quarter of the Southwest Quarter of said Section 1 distant 350 feet West of the Southeast
corner thereof to its intersection with a line drawn from a point on the South line of said North Half distant
341.5 feet West of the Southeast corner thereof to a point on the Easterly line of State Highway No. 169
distant 118.3 feet Northerly from the South line of said North Half of the Southeast Quarter of the
Southwest Quarter;thence Southeasterly along the aforedescribed line to the South line of said North Half;
thence East along said South line a distance of 341.5 feet to the Southeast corner of said North Half of the
Southeast Quarter of the Southwest Quarter; thence North along the East line of said Southwest Quarter a
distance of 1016.8 feet to the place of beginning,
EXCEPT that part thereof lying Northwesterly of the following described line: Beginning at a point
on the West line of the above described tract distant 258.6 feet Southeasterly of the Northwest
corner thereof;thence run Northeasterly to the Southwest corner of the East 16 rods of the North 60
rods of the Northeast Quarter of the Southwest Quarter of said Section 1 and there terminating.
The South Half of the Northwest Quarter of the Southeast Quarter of Section 1,Township 116,Range 22.
EXCEPT that part thereof described as follows: Beginning at the Northwest corner of said South
Half of said Northwest Quarter of the Southeast Quarter;thence East along the North line thereof a
distance of 190 feet; thence deflecting to the right 34 degrees 45 minutes a distance of 450 feet;
thence deflecting to the right 94 degrees 28 minutes 37 seconds a distance of 443 feet, thence
Northwesterly 325 feet more or less to a point in the West line of said Northwest Quarter of the
Southeast Quarter distance 400 feet South of the point of beginning;thence North along said West
line to the point of beginning.
The Southwest Quarter of the Southeast Quarter of Section 1,Township 116,Range 22,
EXCEPT that part thereof included within the plat of Shady Oak Industrial Park.
According to the United States Government Survey thereof and situate in Hennepin County, Minnesota.
The Fee Owners of the above Tract A being Melvin G.Astleford and Jane Z.Astleford,his wife,Donald F.
Hagen, Carol A.Hagen, his wife,Herbert A. Mason and Marian B. Mason,his wife, and Archie N.Carter
and Marie Carter, his wife, Richard W. Anderson, Inc., a Minnesota corporation as Contract for Deed
Vendee.
2
TRACT B
Parcel 1:
The West Half of the Northwest Quarter of the Northeast Quarter; The East 165 feet of the Northeast
Quarter of the Northwest Quarter; all in Section 12, Township 116, Range 22. The North 16.5 feet of that
part of the North Half of the Northwest Quarter of Section 12, Township 116, Range 22 lying between the
East 165 feet of the Northeast Quarter of the Northwest Quarter and the Easterly line of U.S.Highway No.
169 and 212 which lies Easterly of a line run parallel with and distant 200 feet Easterly of the following
described line:From a point on the North line of said Section 12 distant 1152.72 feet East of the Northwest
corner thereof; run Southwesterly at an angle of 95 degrees 39 minutes 45 seconds with said North Section
line for 100 feet to the point of beginning of the line to be described; thence run Northeasterly on the last
described course for 300 feet and there terminating. That part of the South Half of the Northwest Quarter of
the Southeast Quarter of Section 1, Township 116, Range 22, described as follows: Beginning at the
Northwest corner of said South Half of said Northwest
Quarter of the Southeast Quarter, thence East along the North line thereof a distance of 190 feet; thence
deflecting to the right 34 degrees 45 minutes a distance of 450 feet;thence deflecting to the right 94 degrees
28 minutes 37 seconds a distance of 443 feet; thence Northwesterly 325 feet more or less to a point in the
West line of said Northwest Quarter of the Southeast Quarter distance 400 feet South of the point of
beginning;thence North along said West line to the point of beginning.
That part of the East 16 rods of the North 60 rods of the Northeast Quarter of the Southwest Quarter of
Section 1,Township 116,Range 22 lying Southerly of State Highway No. 169-212.
All according to the United States Government Survey thereof,and situate in Hennepin County,Minnesota.
THEREFORE,the City of Eden Prairie, a Minnesota municipal corporation, hereby releases the Property
described above from all obligations and conditions set forth in the Agreement Regarding Special
Assessments dated August 16, 1979 filed with the Registrar of Titles as Document No. 4517588 on October
31, 1979. This Release of Land shall not release or discharge the Property from the lien of any special
assessments levied by the City pursuant to the Agreement.
IN WITNESS WHEREOF,the City of Eden Prairie has executed the foregoing instrument.
CITY OF EDEN PRAIRIE
A Municipal Corporation
•
BY: BY:
Jean L.Harris Christopher M.Enger
Its Mayor Its City Manager
STATE OF MINNESOTA )
)ss
HENNEPIN COUNTY )
The foregoing instrument was acknowledged before me this day of-,
2000,by Jean L.Harris and Christopher M.Enger,the Mayor and City Manager of the City of Eden Prairie,
a municipal corporation under the laws of the State of Minnesota, on behalf of said corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55344
3
CITY COUNCIL AGENDA DATE:
August 15, 2000
SECTION: Consent Calendar
SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Engineering Services Release of Land from Special Assessment -14,
Jim Richardson Agreement for the Flagship Addition
Requested Action -
Move to: Approve the Release of Land from the Special Assessment Agreement for
placing of utilities to benefit the Flagship Addition.
Synopsis
Staff recommends that the City Council approve the Release of Land from Special Assessment
Agreement and authorize the Mayor and City Manager to sign the release.
Background Information
In December of 1982, the City entered into a Special Assessment Agreement with the Smaby
Investment Company, Bermal Investment Company, Richfield Bank and Trust, John and Jean
Teman and the First National Bank regarding the levying of special assessments for the grading
of Singletree Lane. The completion of all improvements has been accomplished and the costs
assessed to all the benefiting property. Therefore, it is appropriate and timely to release the
agreement.
Attachments
Release of Land .
1
•
RELEASE OF LAND
This Release of Land is executed by the City of Eden Prairie, a Minnesota municipal corporation
("City"),and is dated as of August 15,2000.
FACTS
1. A certain Agreement Regarding Special Assessments ("Agreement") dated December 5,
•
1982, was executed by and between the City, and Smaby Investment Company,
Bermal Investment Company, Richfield Bank and Trust, John and Jean Teman
and the First National Bank, which Agreement was filed as Document No. 1497690
with the Hennepin County Recorder on January 18, 1983.
2. The special assessments contemplated by the Agreement have been levied and the time for
appeal has expired.
To evidence the fact that the special assessments have been levied and the time for appeal has
expired,the City is executing this Release of Land.
The property affected by this release is:
Parcel I: That part of the south half of the northwest quarter of Section 14,Township 116, Range
22,lying south of the north 590 feet thereof except that part thereof embraced in Registered
Land survey No. 687 and except that part of the north 50 feet of above described land lying
west of the east 870 feet of said northwest quarter, according to the Government Survey
thereof,and except The Preserve Commercial Park North.
Parcel II: The north 590 feet of the south half of the northwest quarter of Section 14, Township
116,Range 22 except the south 400 feet of the east 200 feet thereof and except the south 50
feet of the west 670 feet of the east 870 feet of the north 590 feet of the south half of the
northwest quarter of said section and except the south 171 feet of the north 190 feet of the
east 220 feet of the south half of the northwest quarter of said section.
And
A strip of land being the north 50 feet of that part of the south half of the northwest quarter
of Section 14, Township 116, Range 22, lying south of the north 590 feet, except the east
870 feet thereof,according to the Government Survey thereof.
THEREFORE, the City of Eden Prairie, a Minnesota municipal corporation, hereby releases the
Property described above from all obligations and conditions set forth in the Agreement Regarding Special
Assessments dated December 7, 1982 filed with the Registrar of Titles as Document No. 1497690 on
January 18, 1983. This Release of Land shall not release or discharge the Property from the lien of any
special assessments levied by the City pursuant to the Agreement.
IN WITNESS WHEREOF,the City of Eden Prairie has executed the foregoing instrument.
CITY OF EDEN PRAIRIE
A Municipal Corporation
BY: BY:
Jean L.Harris Christopher M.Enger
Its Mayor Its City Manager
•
STATE OF MINNESOTA )
)ss
HENNEPIN COUNTY )
The foregoing instrument was acknowledged before me this day of
2000,by Jean L.Harris and Christopher M.Enger,the Mayor and City Manager of the City of Eden Prairie,
a municipal corporation under the laws of the State of Minnesota,on behalf of said corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55344
•
•
•
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar August 15, 2000
SERVICE AREAJDIVISION: ITEM DESCRIPTION: ITEM NO.:
Management Services V+
City Clerk/Elections Resolution Appointing Election Judges
Requested Action:
Adopt Resolution appointing election judges for the primary election, September 12, 2000 and
general election,November 7, 2000.
Synopsis:
State Statute 204B.21, Subd.2 requires appointment of election judges by the City Council at
least 25 days before the election.
Attachments:
Resolution
1
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2000-134
BE IT RESOLVED by the City Council of the City of Eden Prairie that the following persons have
agreed to serve as election or alternate judges and are appointed for the Primary Election to be held
September 12,2000, and/or the General Election to be held November 7,2000.
Barbara B.Anderson Pauline Dickel David Hood
Betty J.Anderson Lorraine Dilling Robert A.Hovey
Elizabeth C.Anderson Gretchen K.Docter Arlene Howden
Fern Anderson John Dollerschell Dawn Hoy
Janelle Anderson Rosalee Dwyer Glen H.Isensee •
Rita L.Anderson Gary Eckhardt Leroy Jedlicka
Susan Anderson Carol E.Ellison Lois Jedlicka
Nancy Arieta Loretta M.Ellison Gordon L.Justus
Nancy J.Autio Cynthia A.Engel Marilyn Kemper
Susan Bandel Virginia Engelman Marilyn L.Kennedy
Denise Baredziak Calvin Engelstad Richard Kennedy
Judith Bartolett Wanda Eggebrecht Phyllis F.Kielblock
Bernadine Beauvais Margaret Fitzsimmons Delores M.Klein
John R.Beckwith Cheri Frisvold Stanley G.Knudson
Kenneth E.Berg Laurelle Gilbert Colleen Kokesh
Clayton Bjornlie Gordon E.Gilbert Judy Krause
Virginia Bjornlie S.June Gilbert David E.Larson
JoAnn D.Boehne Dorothy A. Gilk Nancy C.Little
Donna M.Boller Juliet Gleason Elaine MacDonald
Nancy Bollweg Elaine M.Gordon Vicki A.Maddy
Dolores V.Brown Carol Gregoire Jodi Malmquist
Doris Brown Ralph Grier Betty Maunu
Kim Brown Jane Guild Esther A.Marquardt
Richard L.Brown Gerald Haas Becky L.Matts
Paul Bruening Rhoda C.Haas Lynn McCoy
Eileen Canakes Claudine A.Hansen Mary E.McKinsey
Paige Carlin Kermit P.Hansen Sean McTarsney
Sandra J.Chabot June L.Hanson Mary Jo Meinke
Sarah Chapman Russell W.Hanson Lois A.Meissner
Jeanne M.Chevalier Karin M.Harris Kathleen Millberg
Fay E.Clark Melissa Harris James W.Miller
Marvin Cofer Susan Z.Harvey Maxine Moran
Sylvia Colehour Susan Hedberg Robert N.Morshare
Connie Conradi Carol A.Hegge Rosemary Morshare
Agnes M.Daluge Karen S.Hillman Lois Ann Munson
Willard L.Daluge Dolores Hodge Wendell V.Munson
Jane Daly Nancy Holden Donna Murphy
Doris M.Daniel Bonnie B.Holtzman - Janice Myers
Thomas C.Daniel Charlotte Hood Joan Myers
Joyce Myhre Dy-anna Ruggles Eleanor M.Taggatz
Caroline Nelson Cindy Saunders Eugene K.Taggatz
Donald A.Nelson Betty Schaitberger Clarence E.Thompson
Marion Nesbitt Laverne Schleicher Gerald Thompson
Kathlyn M.Nicholson Gordon Schleicher Jane Thompson
Mary Nierman Lloyd Schneider Leatrice L.Thompson
Victoria E.Nipper . George W. Schneider Nancy J.Thompson
Karen Norman Linda Schneider LeaAnn Thielman
Amy Nylander David P. Shold Marc Thielman
Jackie Ostenson Glenna Shold Claire Tyra
Beverly Ottum Kara Shold Karen K.Vickman
Bill Patrek Gladys Simenson Mary Vogel
Heather H.Penzel Shirley V. Smith Wayne Wahl
Geraldine J.Peterson Kurth Smith James D.Weiler
Jacalyn Prentice Paul T. Sodt Nancy Westby
Joyce D. Provo Gloria Solum Theresa J.Whiting
Lisa Ramsey Gerald B. Springer Genevieve P.Wildfang
Carolyn F.Rebholz Char Stark Eugenia T.Williams
Bernard J.Renk Em Stark JoAnne M.Wilson
Helen S.Richter Brad R. Starr Arnester Winans
Stella Riker Shirley Stauner Dortha Winkel
Jeff Riker Gerald J. Stauner Jack O. Winslow
Dawn Rischmiller Barbara A. Steinmetz Marie C.Wittenberg
Karen Rogers Jack Steinmetz Jo Ann Wronski
Norbert Rogers Gloria Stewart
Dona Rowland Grace Stewart
ADOPTED BY by the Eden Prairie City Council on this 15th day of August 2000.
ATTEST:
Kathleen Porta, City Clerk Jean L. Harris,Mayor
CITY COUNCIL AGENDA
DATE: 08/15/00
SECTION: Consent Agenda
ITEM DESCRIPTION: ITEM
SERVICE AREA/DIVISION: NO.:
Chris Enger, City Manager Approve Resolution Relating to Amendment to
the MLC Joint and Cooperative Agreement .i i
Requested Action
Move to: Approve the resolution relating to the MLC Joint and Cooperative Agreement.
Synopsis
On July 29, 1999, the MLC Board of Directors discussed amendments to the Joint and
Cooperative Agreement (JCA) and Bylaws. It was decided that a formal vote on the
amendments should be delayed until the October 20, 1999, Board meeting. At the October
meeting, the Board of Directors recommended that member City Councils ratify the
amendments. The Board also approved the amendments to the Bylaws, which went into effect
without any action needed by member City Councils.
Seven City Councils had approved the amendments to the JCA when legal counsel from two
cities expressed concern over two of the proposed changes. It was suggested that the
amendments be reconsidered at the July 27, 2000, Board meeting, and that further action by
member City Councils be suspended until that time. After review, the two controversial sections
were deleted from the Amendments and the revised document was approved by the MLC Board
on July 27, 2000. In order for the Amendments to take effect, the attached resolution must be
passed by all member City Councils.
Attachments
Joint and Cooperative Agreement as Presented to City Councils for Approval
Resolution
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 organisation 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 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 organization created pursuant to this Agreement.
3.3) "Council" means the governing body of a Member.
3.4) "Directors" means the persons appointed pursuant to this Agreement to serve as
Directors.
3.5) "Operating Committee" means the committee consisting of the City Managers or
Administrators of each 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 Member.
ARTICLE 4.
ADDITIONAL MEMBERS
Any other municipality may become a Member or Associate Member upon approval by a
majority of the then Members.
ARTICLE 5.
EFFECTIVE ECTIVE 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 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,
,�3
educational institutions, other political subdivisions, municipal organizations,
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 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 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) 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 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 Member. Directors shall serve without
compensation from the Commission, but this shall not prevent a Member from
providing compensation for its Directors if such compensation is authorized by the
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 Members shall constitute a quorum of the Board.
7.5) A vacancy on the Board shall be filled by the Council of the 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 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.
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.
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ARTICLE 9.
OFFICERS
9.1) Number, Election, Qualifications - The officers of the Commission shall consist of
a Chair, Vice Chair and a Secretary/Treasurer. Each officer shall be elected at the
annual organizational meeting by the Board. The Chair and Vice Chair shall hold
office 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 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 Member shall be elected an
officer during the same term. Directors of a 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. Officers may serve for more than one term.
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 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 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.
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) Chair; Vice Chair - The Chair shall preside at all meetings of the Commission and
shall perform all duties incident to the office of Chair and such other duties as may
be delegated by the Commission. The Vice Chair shall act as Chair in the absence
of the Chair. The Chair shall be an elected Director and the Vice Chair shall be an
appointed Director who shall also serve as 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 fmancial 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 Member.
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 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 Members in support of the Commission shall be
per capita. Each of the Members shall pay to the Commission an amount to be
determined by the Board annually based upon the most recent Metropolitan Council '
population estimates. 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 Members
on or before August 1 of each calendar year. Such budget shall be deemed
approved by a Member unless, prior to September 15 of the year involved, the
Member gives notice in writing to the 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 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 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 Member or Associate Member
withdrawing from the Commission shall give written notice to the Chair of the
Commission, served personally on the Chair or addressed to the 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
Z
Commission. The withdrawal shall be effective upon actual receipt by the Chair of
such notice and resolution. The withdrawing Member shall have the responsibility
for such actual receipt by the Chair. Upon receipt of such notice and resolution, the
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 Member or
Associate Member that withdraws from this Commission nor shall there be any
reimbursement for any contribution made or required of the withdrawn Member by
this Agreement.
ARTICLE 13.
AMENDMENTS
13.1) 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)
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 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
Members that are 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.
IN WITNESS WHEREOF, The municipality of has caused the
Agreement to be signed on its behalf this day of , 2000.
By:
Jean L. Harris, Mayor
By:
Christopher M. Enger, City Manager
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY
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 day of ,2000.
Jean L. Harris,Mayor
ATTEST:
Kathleen Porta, City Clerk
10
CITY COUNCIL AGENDA DATE:
SECTION: Consent August 15,2000
SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Public Safety/Police Radio Equipment Contract K K.
Requested Action:
Move to authorize the execution of an agreement with E.F. Johnson Company for equipment and
services associated with replacement of the City's primary radio communications site and tower
for an amount of$409,737.20.
Synopsis:
The sale of the former police building and property requires the removal of the radio tower at
that site. A new radio tower, equipment shelter and emergency power system will be constructed
at the Public Works Maintenance Facility on Technology Drive. Those contracts were let
separately. In order to maintain public safety and local government operations without
interruption, it is required to replace much of the radio equipment associated with the primary
transmitter site. In addition, the existing equipment ranges in age from 10 to 25 years and is
approaching the end of it's life cycle.
Background Information:
Due to the requirement to relocate the City's radio stations, the manufacturer of the system was
asked to provide a proposal for equipment and services to make the new site fully functional
while maintaining a high level of communications functionality. The project is complicated by
the requirement to remain operational at all times. Trunked radio networks to include their
design and equipment are proprietary, and limit the owner, in this case the City to "sole source"
procurement. This is purely a function of the nature of this particular technology. The non-
proprietary portions of the project were competitively bid.
A proposal was offered and negotiated with the City. Although the system and equipment is
•
proprietary,the proposal pricing is fair and well below list pricing. The manufacturer has
provided radio equipment to the City for the past 10 years and generally have been priced at 61%
of list price.
The proposal and scope of work have been thoroughly reviewed by staff and the retained
consulting engineer for compliance with project requirements.
Attachments:
Contract
f
AGREEMENT
THIS AGREEMENT is made and executed the day of August 2000,by and
between the City of Eden Prairie,hereinafter referred to as the"City", and E.F. Johnson
Company;hereinafter referred to as the"Contractor".
WITNESSETH;
City and Contractor, for the consideration hereinafter stated, agree as follows:
1. Sale: The Contractor shall provide equipment and services specified in the
attached Statement of Work(SOW), attached hereto as Exhibit 1 and incorporated
herein by reference, Equipment and Services List, attached hereto as Exhibit 2
and incorporated herein by reference, and Acceptance Specifications, attached
hereto as Exhibit 3 and incorporated herein by reference, and do everything
required by these documents.
2. Bond: Prior to issuance of the NOTICE TO PROCEED, the Contractor shall
furnish the City a performance bond and a payment bond, each in the amount of
$409,737.20, and both in form and substance satisfactory to the City. The
performance bond will be limited to the performance of product and services
specified in the SOW,Equipment and Services List, and Acceptance Specification
documentation.
3. Price: This is a firm price contract wherein the City agrees to pay Contractor the
amount of $409,737.20 as full and complete payment for said Work and
Equipment as set forth in this agreement.
4. Payment: Payment to Contractor by the City shall be as follows:
• 35% of Contract price due Net 30 days from signing date of this
agreement set forth above.
• 55% of Contract price due Net 30 days from delivery of equipment
based on Equipment Price List.
• 10% of Contract price due Net 30 days from the date of acceptance by
the City. The performance of work shall be measured against SOW,
Equipment and Services List, and Acceptance Criteria.
5. Warranty: Contractor warrants the condition of the equipment purchased
pursuant to this Agreement as set forth in the Warranty, attached hereto as Exhibit
4 and incorporated herein by reference. Contractor shall perform all warranty
work and repairs at its sole cost and expense.
6. Title: Title to all goods purchased pursuant to this Agreement shall pass to City
upon acceptance by City pursuant to Exhibit 3.
7. Risk of Loss: Risk of loss shall pass from Contractor to City upon acceptance of
the goods by City pursuant to Exhibit 3.
8. Completion Date: The Contractor shall provide its best effort to complete all
work by October 1, 2000. The Contractor is not responsible for Third Party
delays, except those delays caused by subcontractors of Contractor, in providing
Components or Services necessary for Contractor to complete its work and shall
not be penalized in any manner by City if such stated delays cause Contractor to
not complete work as stated in this Agreement, SOW, Equipment and Services
List and Acceptance Criteria
9. Data Practices Act: The Contractor shall at all times abide by the Minnesota
Government Data Practices Act, Minn. Stat. § 1301, et seq., to the extent that the
Act is applicable to data and documents in the hands of the Contractor.
10. Audits: The books,records, documents, and accounting procedures and practices
of the Contractor or other parties relevant to this agreement are subject to
examination by the City and the Legislative Auditor or the State Auditor for a
period of six years after the effective date of this Contract.
11. Income Tax Withholding: No final payment shall be made to the Contractor
until the Contractor has provided satisfactory evidence to the City that the
Contractor and each of its subcontracts has complied with the provisions of Minn.
Stat. § 290.92 relating to withholding of income taxes upon wages. A certificate
by the Commissioner of Revenue shall satisfy this requirement.
12. Worker's Compensation: Contractor represents and warrants that it has and will
maintain during the performance of this agreement worker's compensation
insurance coverage required pursuant to Minn. Stat. § 176.181, subd. 2 and that
the certificate of insurance or the written order of the Commissioner of Commerce
permitting self insurance of worker's compensation insurance coverage provided
to the City prior to execution of this agreement is current and in force and effect.
13. Discrimination: In performance of this contract, the Contractor shall not
discriminate on the grounds of or because of race, color, creed, religion, national
origin, sex, marital status, status with regards to public assistance, disability,
sexual orientation, or age against any employee of the Contractor, any
subcontractor of the Contractor, or any applicant for employment. The Contractor
shall include a similar provision in all contracts with subcontractors to this
contract. The Contractor further agrees to comply with all aspects of the
Minnesota Human Rights Act, Minn. Stat. § 363.01, et seq., Title VI of the Civil
Rights Act of 1964, and the Americans with Disabilities Act of 1990.
3
14. Conflicts: No salaried officer or employee of the City and no member of the
Board of the City shall have a financial interest, direct or indirect, in this contract.
The violation of this provision renders the Contract void. Any federal regulations
and applicable state statutes shall not be violated.
15. Claims: To receive any payment on this Contract, the invoice or bill must
include the following signed and dated statement: "I declare under penalty of
perjury that this account, claim, or demand is just and correct and that no part of it
has been paid."
16. Contractor's Prompt Payment of Subcontractors: The Contractor shall pay to
any subcontractor within ten (10) days of the Contractor's receipt of payment
from the City for undisputed services provided by the subcontractor. The
Contractor shall pay interest of one and a half percent (1 Y2%) per month or any
part of a month to a subcontractor on any undisputed amount not paid on time to
the subcontractor. The minimum monthly interest penalty payment for an unpaid
balance of$100.00 or more is $10.00. For an unpaid balance of less than$100.00,
the Contractor shall pay the actual amount due to the subcontractor.
17. Counterparts: This Agreement may be executed in multiple counterparts each
of which shall be considered an original.
18. Whole Agreement: This Agreement and the Contract Documents constitute the
final and complete agreement of the parties and shall supersede and replace any
prior oral or written agreements between City and Contractor. Any subsequent
modification must be in writing signed by both parties.
19. Assignment: This Agreement cannot be assigned by either party without the
written consent of the other party.
20. Governing Law: This Agreement shall be governed and construed under the laws
of the State of Minnesota.
q
IN WITNESS WHEREOF,the parties to this Agreement and SOW have hereunto
set their hands as of the date set forth above.
City of Eden Prairie
By
Its Mayor
By
Its City Manager
E.F. Johnson Company
By
• Its
ep\radio\eden prairie agreement draft.080200
S
CITY COUNCIL AGENDA DATE:
August 15,2000
SECTION: Consent Calendar
SERVICE AREA/DIVISION: _ITEM DESCRIPTION: Approval of License
Jim Clark,Director of Public Agreement between Motient Communications ITEM NO.:
Safety Services Company for antenna lease atop Marketcenter I
Jean Johnson, Zoning Adm. Water Tower L
Requested Action:
Move to: Approve the License Agreement for antenna lease atop Marketcenter Water Tower.
Synopsis:
Motient desires to lease space atop the downtown water tower for their data communications
company.
Background Information:
Motient provides data communication in the following areas:
• wireless email services
• two way wireless data services
• custom data applications
• satellite and terrestrial mobile messaging
• satellite telephone,voice dispatch, and circuit switched data
Improvements that Motient will be making are a tubular antenna similar to the flagpoles
presently atop the tower, small cabinet inside for equipment, and card reader entry units
for the security fence and tower door.
Attachments:
• License Agreement
LICENSE AGREEMENT
This License Agreement, (or"Agreement")made this day of
, 2000,between City of Eden Prairie, 8080 Mitchell Road,Eden Prairie,
Minnesota, 55344, a Minnesota municipal corporation,hereinafter referred to as
"Grantor," and Motient Communications Company, a New York general partnership
300 Knightsbridge Parkway, Suite 500,Lincolnshire, Illinois 60660,hereinafter referred
to as"Grantee." •
RECITALS:
A. Grantor is the owner of certain real property located in Hennepin County, State of
Minnesota, and more particularly described in Exhibit A attached hereto (the •
"Land") on which is situated an elevated water tower, (the"Tower"). The Land
and the Tower are hereafter called the(the"Property").
B. Grantee desires a non-exclusive license to use portions of the Property, as
described herein for the purpose of constructing, operating, and maintaining a
communications facility("Facility").
NOW THEREFORE, the parties agree as follows:
1. Grant of License. Grantor grants to Grantee a license for the use of that part of
the Property for the period,uses, and consideration in accordance with all of the
terms, covenants, conditions, and provisions contained herein.
2. Term. The term of the license granted hereby shall be for a period of five years,
commencing on the day of , 2000 (the"Term").
3. Consideration.
(a) Grantee shall pay to Grantor the following:
i. Annual license fees in the following amounts:
Year 1 - $13,800
Year 2 - 14,490
Year 3 - 15,215
Year 4 - 15,975
Year 5 - 16,774
Annual license fees shall be payable in equal annual installments
commencing on or before the first day of the Term and or before the first
day of each successive year during the Term and any Extended Term as
provided hereafter.
K:\Comm Dev\Staff Documents\Jean\License Agreement-Motient dwntn tower.doc 1
ii. If Grantee fails to maintain the Improvements and those portions of the
Property affected by Grantee's occupancy of the Property in accordance
with the terms of this Agreement,upon thirty(30) days notice to
Grantee, Grantor may make such repairs and invoice Grantee for its
expenses incurred. Grantee shall promptly pay Grantor for its expenses
incurred.
(b) Grantee shall do the following:
i. Install a catwalk along the inside of the Tower as depicted on
Exhibit B (the Grantor's Improvements).
ii. Install a card reader system on the fence gate around the Tower
and on the door entrance to the Tower as depicted on Exhibit B
(the Grantor's Improvements).
4. Grantee's Use. Grantee may use the following parts of the Property for the
following uses, and the construction,maintenance,repair and replacement of the
following. Those referred to subparagraphs(a),(b),(c) and(e) are hereafter to
as "Grantee's Improvements".
(a) Not more than 2 cellular and link antennas within one existing fiberglass
pole situated on top of the Tower and necessary connecting wave-guide
and appurtenances on and within the Tower as more particularly described
in Exhibit B attached hereto.
(b) Support equipment inside of the Tower as depicted in Exhibit B attached
hereto (" Grantee's Equipment") to house and contain Grantee's radio
transmission,computer equipment and emergency battery and generator
equipment.
•
(c) Utility wires,cables, conduits and pipes underground and within that part
of the Property described in Exhibit B attached hereto.
(d) Right to ingress and egress 24 hours each day, seven(7) days a week, on
foot or motor vehicle on and over that part of the Property from and to
12190 Singletree Lane, as described in Exhibit B for the purpose of
inspecting,maintaining and repairing its Improvements and related
equipment,provided however, Grantor shall have the right to require
Grantee to exercise its right of ingress and egress on and over a different
part of the Property or other Property as may be provided by or through
Grantor.
(e) A separately metered connection to the electric utility, which supplies
electricity.
K.\Comm.Dev\staff DocumentsVean\License Agreement-Motient dwntn tower.doc 2
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Grantor's and Grantee's Improvements(together"the Improvements) shall be at
Grantee's expense and the Improvements,including antennas and equipment,
shall be maintained in a reasonable condition and secured by Grantee. Grantee
shall ensure that its use of the Property is consistent with all local, state and
federal laws, ordinances, and regulations.
5. Exclusive and Non-Exclusive License. Grantee's license to use those portions of
Grantor's Property denominated on Exhibits B as"Exclusive"(Exclusive Area")
shall be for the sole and exclusive use of Grantee, subject to Grantor's right to use
the Exclusive Area for its own communications facilities or other public purposes
in the future, as well as for the purpose of maintenance of the Property and
Grantor's equipment. Grantee's license to use all other portions of Grantor's
Property shall be non-exclusive, and Grantor shall have the right to use its
Property and to authorize others to do so as Grantor,in its sole discretion, may
determine. In the event that the use of the Property by others to whom Grantor
may hereafter authorize such use constitutes an unreasonable or harmful
interference with Grantee's use of the Property, or if Grantor utilizes any or all of
the Exclusive Area, Grantee may give notice to Grantor of such interference. And
Grantor shall take action to notify the owner of the offending equipment who
shall take immediate steps to correct the interference or shut down the interfering
equipment until the condition has been corrected.
If the interference is not corrected within thirty(30) days after the giving of such
notice, Grantee may terminate this agreement upon notice to Grantor.
6. Utilities and Taxes. Grantee will be responsible for installation and payment of
all utilities required by its use of the Property. Grantee shall pay personal
property or real estate taxes levied against or upon the Improvements or the
Property by Grantee. Grantor will provide to Grantee a copy of any notice of
taxes or special assessments imposed upon the Improvements or Property as a
result of the Improvements or use of the Property by Grantee,which Grantor may
receive from any taxing authority. Subject to any and all limitations imposed by
law, Grantee may contest,at its own expense, any such taxes or assessments.
7. Intentionally Omitted.
8. Ownership of Improvements. During the term of this Agreement and any
Extended Term,ownership of the Improvements will remain in the Grantor.
Upon termination of this Agreement for any reason,including expiration of the
Term or an Extended Term, the Improvements shall become the property of
Grantor, except(a) the transmitting,receiving, antennae switching equipment and
cabinets commonly associated with wireless telephone service, and(b)those as to
which Grantor notifies Grantee of Grantor's desire to have removed. Grantee
shall,not less than sixty(60) days from the termination of this Agreement or the
effective date of notice,remove those Improvements required to be removed by
Grantee and shall restore the Property from which they have been removed to its
K:\Comm Dev\Staff DocumentsUean\License Agreement-Motient dwntn tower.doc 3
condition at the commencement of the Term. Contemporaneously with the
delivery to Grantor of this Agreement executed by Grantee, Grantee has deposited
$10,000.00 with Grantor. In the event Grantee fails to remove the Improvements
required to be removed within the time or times provided, Grantor may do so.
Grantee shall reimburse Grantor for all costs incurred by Grantor to remove the
Improvements and restore the Property. Grantor may draw from the deposit so
much thereof as will reimburse Grantor for its costs. Any amount remaining will
be refunded to Grantee. If the deposit is insufficient to cover Grantor's costs
Grantee shall promptly pay to Grantor the deficiency.
9. Defense and Indemnification.
(a) General. Grantee shall defend,indemnify and hold harmless Grantor and
its elected officials,officers, employees, agents, and representatives,from
and against any and all claims, costs,losses, expenses, demands, actions,
causes of action and liens, including reasonable attorneys' fees and other
costs and expenses of litigation(i)which may be asserted against or
incurred by Grantor or for which Grantor may be liable in the performance
of this Agreement, except those which arise solely from the negligence or
willful acts of Grantor and its elected officials, officers, employees,
agents, or representatives or(ii)arising out of the installation,operation,
use,maintenance,repair,removal, or presence of Grantee's Improvements
on the Property.
(b) Hazardous Materials. Without limiting the scope of Subparagraph 9 (a)
above, Grantee will be solely responsible for and will defend,indemnify,
and hold Grantor, its agents, and employees harmless from and against
any and all claims, costs, and liabilities,including attorney's fees and
costs, arising out of or in connection with the cleanup or restoration of the
Property resulting from Grantee's use of Hazardous Materials. For
purposes of this Agreement,"Hazardous Materials"shall mean: Any
substance or material defined or designated as hazardous or toxic waste,
hazardous or toxic substance,pollutant,contaminant, or other similar
term,by any federal, state or local environmental statute,regulation, order
or ordinance presently in effect, including,without limitation,asbestos and
petroleum products.
(c) Grantee's Warranty. Grantee represents and warrants that its use of the
Property will not generate and Grantee will not store or dispose of on the
Property,nor transport to or over the Property, any Hazardous Materials.
The obligation of this Paragraph 9 shall survive the expiration or other
termination of this License.
K:\Comm_Dev\Staff Documents\Jean\License Agreement-Motient dwntn tower.doc 4
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10. Insurance.
(a) General Liability. Grantee shall maintain an occurrence form
comprehensive general liability insurance coverage. Such coverage shall
include,but not be limited to,bodily injury,property damage—broad
form, and personal injury, for the hazards of Premises/Operation,broad
form contractual, independent contractors, and products/completed
operations.
Grantee shall maintain aforementioned comprehensive general liability
coverage with limits of liability not less that$2,000,000 each occurrence;
$2,000,000 personal and advertising injury; $2,000,000 general
aggregate, and$2,000,000 products and completed operations aggregate.
These limits may be satisfied by comprehensive general liability coverage
or in combination with an umbrella or excess liability policy,provided
coverages afforded by the umbrella or excess policy are no less than the
above stated limits.
(b) Grantee Property Insurance. Grantee shall keep in force during the Term
and any Extended Term a policy covering damages to its Facility at the
Property. The amount of coverage shall be sufficient to replace the
damaged Facility, loss of use and comply with any ordinance or law
requirements.
•
(c) Hazardous Materials Coverage. Grantee must carry sufficient coverage, to
the reasonable satisfaction of the Grantor, for damage caused by
hazardous Materials.
(d) Worker's Compensation. Grantee shall maintain such worker's
compensation insurance as required by Minnesota Law.
(e) Adjustment to Insurance Coverage Limits. The coverage limits set forth
herein shall be increased at the time of any Renewal Term by the greater of
the Consumer Price Index as calculated under Paragraph 2 (a)or 25%
which total amount shall not exceed Five Million and 00/100
dollars($5,000,000.00).
(f) Additional Insured—Certificate of Insurance . The Grantee shall provide,
prior to occupancy of the Property, evidence of the required insurance in
the form of a Certificate of Insurance issued by a company(rated A+or
better)by Best Insurance Guide, licensed to do business in the state of
Minnesota,which includes all coverages required in this Paragraph 10.
Grantee will name Grantor as an Additional Insured on the General
Liability Policy. The Certificate(s) shall also provide the coverage may
not be canceled,non-renewed,or materially changed without thirty(30)
days prior written notice to Grantor.
K:\Comm.Dev\Staff DocumentsVean\License Agreement-Motient dwntn tower.doc 5
not be canceled,non-renewed, or materially changed without thirty(30)
days prior written notice to Grantor.
11. Temporary Interruptions of Service. When Grantor determines that continued
operation of Grantee's Facility would cause or contribute to an immediate threat
to the public (including maintenance and operating personnel)health and/or
safety, Grantor may without prior notice to Grantee cause discontinuance of
operation of Grantee's Facility or may order Grantee to discontinue its operation.
Discontinuance of Grantee's operation shall include,but not be limited to
shutting down the transmission of electromagnetic waves or impulses to or from
the Facility. Grantee shall immediately comply with such an order. Operations
shall be discontinued only for the period that the immediate threat exists. If prior
notice is not given to Grantee, Grantor shall notify Grantees soon as possible
after its action and give its reason for taking the action. Grantor shall not be
liable to Grantee or any other party for any interruption in Grantee's service or
interference with Grantee's operation of its Facility. If the discontinuance shall
extend for a period greater than three(3) days, either consecutively or
cumulatively, Grantee shall have the right to terminate this Agreement within its
sole discretion without any prior notice. Any license fees paid by Grantee for
any period of time after the date of termination shall be refunded to Grantee.
12. Interference with the Property. Grantee shall not interfere with Grantor's use of
• the Property(and others to whom Grantor has granted the use of the Property)
and agrees to cease all such actions which unreasonably and materially interfere
with Grantor's or other's use of the Property no later than three(3)business days
after receipt of written notice of the interference from Grantor. If the
interference cannot be eliminated within 30 days after Grantee has received
written notice, either Grantor or Grantee may at its option terminate this
Agreement immediately.
13. Interference with Communications. Grantee's use and operation of its Facility
shall not interfere with the use and operation of other communication facilities of
Grantor. If Grantee's Facility causes interference, Grantee shall take all
measures necessary to correct and eliminate the interference. If the interference
cannot be eliminated within forty eight(48)hours after receiving Grantor's
written notice of the interference, Grantee shall immediately cease operating its
Facility and shall not reactivate operation, except intermittent operation for the
purpose of testing, until the interference has been eliminated. If the interference
cannot be eliminated within thirty(30) days after Grantee has received Grantor's
written notice, either Grantor or Grantee may at its option terminate this
Agreement immediately.
14. Additional Covenants. Grantee shall (a) use natural gas or propane(and shall not
use gasoline or diesel fuel) for energy to power an engine to operate a generator
to be installed on the Property, if any(b)not use any process or method in the
installation,maintenance or removal of any Improvement upon the Tower by
K:\Comm Dev'Staff Documents\ean\License Agreement-Motient dwntn tower.doc
1-
means of welding,cutting tool or other device which could damage the Tower,
including its interior and exterior paint or any equipment attached thereto, (c)
protect the Improvements from damage or harm in the event of the repair or
maintenance of the Tower or other facilities of Grantor,(d)not,without
Grantor's consent,remove,cut or trim any trees or other vegetation on the
Property,and(e)replace significant trees(as defined in Eden Prairie City Code)
lost or reasonably anticipated to be lost as a result of construction of the
Improvements upon the Property in accordance with the provisions of Eden
Prairie City Code Section 11.55, Subd. 5. C. 9.
15. Default. The following shall constitute an event of default by Grantee
("Grantee's Default") :
(a) Grantee's failure to make prompt payment of fees or other amounts due
within fifteen(15) days after they become due.
(b) Grantee's failure to comply with Grantee's obligations contained in
Sections 5,11, 12, 13 and 14 of this Agreement.
(c) Grantee's failure to observe or perform any other covenant or condition
contained in this Agreement within thirty(30)days after written notice to
Grantee specifying such failure and requiring Grantee to remedy the same.
(d) The adjudication of Grantee as bankrupt by a court of competent
jurisdiction, or the entry by such a court of an order approving a petition
seeking reorganization of Grantee under the federal bankruptcy laws or
any other applicable law or statute of the United States of American or any
State thereof, or the appointment by such a court of a trustee or receiver or
receivers of Grantee or of all or any substantial part of its property upon
the application of any creditor in any insolvency or bankruptcy proceeding
or other creditor's suit in each case,the order or decree remains unstayed
and in effect for ninety(90)days.
(e) The filing by Grantee of a petition in voluntary bankruptcy or the making
by it of a general assignment for the benefit of creditors or the consenting
by it to the appointment of a receiver or receivers of all or any substantial
part of the property of Grantee;or the filing by Grantee of a petition or
answer seeking reorganization under the federal bankruptcy laws or any
other applicable law or statute of the United States of America or any
State thereof; or the filing by Grantee of a petition to take advantage of
any debtor's act.
16. Remedies. Upon Grantee's Default,Grantor shall be entitled to terminate this
Agreement, seek specific performance, and/or seek damages. The exercise of
one or more of such remedies by Grantor shall not be deemed an election or
waiver of the right to exercise any other remedy.
K:\Comm.Dev\Staff Documents%ean\iicense Agreement-Motient dwntn tower.doc 7
•
17. No Duty to Repair.
Grantor shall have no duty or obligation to maintain,repair,restore, replace or
modify the Tower,the Land, or any of Grantor's facilities, fixtures,personal
property or improvements located thereon or therein.
18. Termination.(a) In addition to Grantor's right to terminate this Agreement
pursuant to Section 16 hereof, Grantor shall have, and reserves,the right in its
sole discretion to terminate this Agreement at any time if,in Grantor's sole
judgment, Grantor shall:
(i) convey or transfer to another the Land or the Tower.
(ii) discontinue its use of the Tower.
(iii) if it determines, after consultation with a licensed structural engineer that
the Tower is structurally unsound for use as a tower,for any reason
including but not limited to considerations related to the age of the
structure,damage to or destruction of all or part of the Tower or the
Property from any source, or factors relating to the condition of the
Property.
(b) This Agreement may be terminated by Grantee under the following
Circumstances by providing sixty(60)days prior written notice to Grantor.
• (i) In the event Grantee's Federal Communications Commission(FCC)
License is cancelled or not renewed by the FCC through no fault of
Grantee.
(ii) In the Event Grantee's use of the Property is substantially diminished
by interference from another Grantee that locates on the Property after
Grantee, and such interference is not eliminated after reasonable efforts
by both parties have been exhausted.
(iii) In the event the Property becomes untenable or unsafe for Grantee's
use due to destruction by fire, flood or other casualty and the Property
cannot or will not be restored by Grantor within sixty(60)days
following the event, this Agreement may be canceled by either party,
effective on the date which the casualty occurred.
(c) Upon termination of this Agreement pursuant to Grantor's or Grantee's right •
to terminate this Agreement as provided herein or upon expiration of the Term
or any Extended Term,the Parties obligations under this Agreement shall cease,
except Grantee's obligations with respect to Sections 8 & 10 of this
Agreement and to make payment of any amounts to which Grantor is entitled at
K:\Comm.Dev\Sta€fDocumentAtean\LicenseAgreement-Motientdwntntowcrdoc g
9
such time. Termination shall not relieve Grantee of any liability by way of
damages to which Grantor may be entitled upon Grantee's Default hereunder.
(d) In the event this Agreement is terminated for any reason except Grantee's
Default or negligence, Grantee shall be immediately refunded a pro rata share
of any unearned Annual License Fee paid in advance.
19. Limitation of Grantor's Liability. If Grantor terminates this License other than
as of right as provided in this License, or Grantor causes interruption of the
business of Grantee or for any other Grantor breach of this License, Grantor's
Liability for damages to Grantee shall be limited to the actual and direct costs of
equipment removal,or repair and shall specifically exclude consequential
damages, any recovery for value of the business of Grantee as a going concern,
future expectation of profits, loss of business or profit or related damages to
Grantee.
•
20. Condemnation. In the event the whole of the Property is taken by eminent
domain, this License shall terminate as of the date title to the Property vests in
the condemning authority. In event a portion of the Property is taken by
eminent domain, either party shall have the right to terminate this Lease as of
said date of title transfer,by giving thirty(30)days' written notice to the other
party. In the event of any taking under the power of eminent domain, Grantee
shall not be entitled to any portion of the reward paid for the taking and the
Grantor shall receive full amount of such award. Grantee hereby expressly
waives any right or claim to any portion thereof. Although all damages,
whether awarded as compensation for diminution in the value of the license or
the fee of the Property, shall belong to Grantor,Grantee shall have the right to
claim and recover from the condemning authority,but not from Grantor, such
compensation as may be separately awarded or recoverable by Grantee on
account of any and all damage to Grantee's business and any costs or expenses
incurred by Grantee in moving/removing its Improvements.
21. Additional Buildings. Grantee acknowledges that Grantor may permit
additional buildings to be constructed on the Property. At such time as this may
occur, Grantee will permit said buildings to be placed immediately adjacent to
Grantee's building, if any, and will allow"attachments"to its building so as to
give the appearance that all buildings are a connected facility. Said attachments
will be made at no cost to Grantee and will not compromise the Structural
integrity of Grantee's building.
22. Extended Terms. Grantee shall have the right to extend this Agreement and the
license for three(3) additional five(5)year terms("Extended Terms")by giving
Grantor written notice of its intention to do so at least six(6)months prior to the
•
K:\Comm.Dev\Staff DocumentsUean\License Agreement-Motient dwntn tower.doc 9
/0
First Extended Term Second Extended Term
Year 6 $17,613 Year 11 $22,479
Year 7 18,493 Year 12 23,603
Year 8 19,418 Year 13 24,783
Year 9 20,389 Year 14 26,022
Year 10 21,408 Year 15 27,323
Third Extended Term
Year 16 $28,689
Year 17 30,124
Year 18 31,630
Year 19 33,211
Year 20 34,872
23. No Representation or Warranty—Conditional Grant. Grantor makes no
representation or warranty regarding the condition of its title to the Land or its
right to grant to Grantee the license. Grantee is entering into this Agreement
and use of the Land is subject to Grantee's own investigation and acceptance
therefore "as is". Grantee's rights granted pursuant to this Agreement are
subject and subordinate to all limitations,restrictions, and encumbrances
relating to Grantor's interest in the Land that may affect or limit Grantor's
right to grant those rights to Grantee.
24. Entire Agreement. This Agreement contains all agreements,promises and
understandings between Grantor and Grantee and no verbal or oral agreements,
promises, or understandings shall or will be binding upon either Grantor or
Grantee in any dispute, controversy, or proceeding at law, and any addition,
variation, or modification to this Agreement shall be void and ineffective unless
it is in writing and signed by the parties hereto.
25. Interpretation. This Agreement and the performance thereof shall be governed,
interpreted, construed, and regulated by the laws of the State of Minnesota.
26. Assignment. This license, and rights thereunder,may be sold, assigned or
transferred at any time by Grantee to Grantee's parent, affiliates ,subsidiaries
or any entity which acquires substantially all of the assets of Grantee,without
notice to or the consent of Grantor. As to other parties,this license may not
be sold, assigned, or transferred without the written consent of Grantor, such
consent not to be unreasonably withheld or delayed. For purposes of this
paragraph, a"parent", "affiliate"or"subsidiary"means an entity which
directly or indirectly controls, is controlled by or under common control with
Grantee. In the event of a sale, assignment or transfer to a parent, affiliate or
subsidiary, Grantee shall remain liable for the full performance of Grantee's
K:\Comm.Dev\Staff DocumentsUean\License Agreement-Motient dwntn tower.doc 10
�I
Grantee. In the event of a sale, assignment or transfer to a parent,affiliate or
subsidiary, Grantee shall remain liable for the full performance of Grantee's
obligations hereunder. Grantor hereby consents to the assignment by Grantee
of its rights under this license as collateral to any entity which provides
financing to Grantee.
27. Notices. Any notice required or permitted to be given by any party upon the
other is given in accordance with this Agreement if it is directed to Grantor by
delivering it personally to the Manager of Grantor;or if it is directed to Grantee,
by delivering it personally to Real Estate Department of Grantee;or if mailed in
a sealed wrapper by United States registered or certified mail,return receipt
requested,postage prepaid; or if deposited cost paid with a nationally
recognized, reputable overnight courier,properly addressed as follows:
If to Grantor: City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55344
Attn: City Manager
If to Grantee: Motient Communications Company
. 300 Knightsbridge Parkway,Suite 300
Lincolnshire, Illinois 60069
With a copy to:
Notices shall be deemed effective on the earlier of the date of receipt or the date
of deposit as aforesaid;provided,however,that if notice is given by deposit,
that the time for response to any notice by the other party shall commence to run
one business day after any such deposit. Any party may change its address for
the service of notice by giving written notice of such change to the other party,
in any manner above specified, 10 days prior to the effective date of such
change.
28, Recording of Memorandum. Grantor shall execute and Grantee shall be
permitted to record at any time a memorandum of this Agreement. If this
Agreement is terminated prior to the expiration of its Term, or an extended
Term, Grantee shall record an appropriate instrument to clear the memorandum
from the title to the Land.
K:\Comm.Dev\Staff DocumentsVeantLicense Agreement-Motient dwntn tower.doc j
1a
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed
their respective seals the day and year first above written.
GRANTOR
CITY OF EDEN PRAIRIE
Date: , 1999 By:
Its: Mayor
• By:
Its: Manager
Taxpayer ID#: 41-0855460
TENANT
Motient Communications Company,a
New York general partnership
Date: 7/4 , 2000 By: Matthew J. ;itehead,II
Its: Vice Presi I • i Exe t e ive Counsel
By: /�i I-f,
Its:
Taxpayer I #:
K_\Comm.Dev\Staff Documents\Jean\License Agreement-Motient dwntn tower_doc 12
13
•
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
, 2000,by and
respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota
municipal corporation, on behalf of said corporation.
Notary Public
STATE OF ILLINOIS )
)ss.
COUNTY OF LAKE )
The foregoing instrument was acknowledged before me this day of
,2000,by Matthew J. Whitehead,II the Vice President and
Executive Counsel, of Motient Communications Company, a New York general
partnership.
Notary Public
K\Comm.Dev Staff Documents\Jean\License Agreement-Motient dwntn tower.doc 13
)14
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EDEN PRAIRIE MARTKETCENTER
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moo o c PROPOSED EQUIPMENT PLATFORM
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CITY COUNCIL AGENDA DATE:
August 15,2000
SECTION: Public Hearing .
•
SERVICE AREA/DIVISION: ITEM DESCRIPTION: LC.99-5491 ITEM NO.:
Engineering Services Special Assessment Hearing for the Cedar n ,
Jim Richardson Forest First Addition and Surrounding Areas
Requested Action
Move to:
1. Close the public hearing
2. Adopt the resolution approving the Special Assessments presented regarding
utility and street improvements in the Cedar Forest Area, I.C. 99-5491.
Synopsis
•
This public hearing and the levy of special assessments are all in accordance with discussions
with the City and benefited property owners.
Background Information •
Although the feasibility hearing has just been held for the Cedar Forest Area Improvements, the
levy of the proposed assessments are proposed at this time.
•
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNFSOTA
RESOLUTION NO.
WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and
heard and passed upon all objections in the proposed assessments for the following improvements to wit:
(See Exhibit A attached)
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie:
1. Such proposed assessments are hereby accepted and shall constitute the special assessment
against the lands in the final assessment rolls, and each tract of land therein included is hereby
found to be benefitted by the improvement in the amount of the assessment levied against it.
2. Such assessment shall be payable in equal annual installments extending over a period of years
as shown on Exhibit A. Installments shall bear interest at the rates shown on Exhibit A, except
no interest shall be charged if the entire assessment is paid on or before November 30, 2000.
To the first installment shall be added interest on the entire assessment from November 1, 2000
until December 31, 2001. To each subsequent installment when due shall be added interest for
one year on all unpaid installments.
3. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor
to be extended on the property tax lists of the County, and such assessments shall be collected
and paid over in the same manner as other municipal taxes beginning in 2001.
4. It is hereby declared to be the intention of the Council to reimburse itself in the future for the
portion of the cost of this improvement paid for from municipal funds by levying additional
assessments, on notice and hearings as provided for the assessments being made, upon any
properties abutting on the improvements but not herein assessed for the improvement when
changed conditions relating to such properties make such assessment feasible.
APPROVED on August 15, 2000.
Jean L. Harris, Mayor
ATTEST: SEAL
Kathleen A. Porta, City Clerk
1. I.C. 99-5491
Street and utility improvements in the Cedar Forest Area Project Cost: $ 1,549,720.00
Previously Assessed: $ -0-
City Share: $ 311,690.00
Net Assessment: $ 1,238,030.00
Single Family Homestead 1/2 Acre $19,600.00 20 Years at 8.5 %
Parcel PID# Property Owner Legal Description 2001 Deferred 2006
$Amount $Amount $Amount
20-116-22-31-0004 Robert&Kristen Hutton Ll,B6 Cedar Forest 1st 11,520 8,080
20-116-22-31-0002 Joseph Hutton III L1,B1 Cedar Forest 1st 11,520 8,080
20-116-22-31-0005 Evonne Plehal L2,B6 Cedar Forest 1st 11,520 8,080
20-116-22-31-0003 Mark&Beth Reese L2,B1 Cedar Forest 1st 11,520 8,080
20-116-22-34-0017 Robert Hogge L3,B6 Cedar Forest 1st 11,520 8,080
20-116-22-34-0002 James K. Martins L3,B1 Cedar Forest 1st 11,520 8,080
20-116-22-34-0018 Kenneth Wigley L4,B6 Cedar Forest 1st 11,520 8,080
20-116-22-34-0003 Raiford C. Baker L4,B1 Cedar Forest 1st 11,520 8,080
20-116-22-34-0019 Ann Christopherson L5,B6 Cedar Forest 1st 11,520 8,080
20-116-22-34-0004 Neil&Susan Silker L5,B1 Cedar Forest 1st 11,520 8,080
20-116-22-34-0020 Steven Knudtson/C.Bartley L6,B6 Cedar Forest 1st 11,520 8,080
20-116-22-34-0005 Steven &Lori Lindahl L6,B1 Cedar Forest 1st 11,520 8,080
20-116-22-34-0021 Todd Miller •
L7,B6 Cedar Forest 1st 11,520 • 8,080
20-116-22-34-0006 Jack Hanson L7,B1 Cedar Forest 1st 11,520 8,080
20-116-22-34-0022 Christopher L. Davis L8,B6 Cedar Forest 1st 11,520 8,080
20-116-22-34-0008 Ted&Cathleen Hartwig L2,B2 Cedar Forest 1st 11,520 8,080
20-116-22-34-0007 Richard Beedle/C.Harker L1,B2 Cedar Forest 1st 11,520 8,080
20-116-22-34-0013 Rodney &Julane Anderson L1,B5 Cedar Forest 1st 11,520 8,080
20-116-22-34-0009 Kevin&Amy Leighton L3,B2 Cedar Forest 1st 11,520 8,080
20-116-22-34-0014 Ronald Leuthadt L2,B5 Cedar Forest 1st 11,520 8,080
20-116-22-34-0010 Michael&Lori Mowbray L4,B2 Cedar Forest 1st • 11,520 8,080
20-116-22-34-0015 Jerold& C.M. Nichols L3,B5 Cedar Forest 1st 11,520 8,080
20-116-22-34-0011 Michael&Joann Wroblewski L5,B2 Cedar Forest 1st 11,520 8,080
20-116-22-34-0012 Douglas&Janice Anderson L6,B2 Cedar Forest 1st 11,520 8,080
20-116-22-34-0016 Dennis &Dianna Dunn L4,B5 Cedar Forest 1st 11,520 8,080
•
29-116 22 21-0001 Mark&Kristen Anderson L7,B2 Cedar Forest 1st 11,520 8,080
29-116-22-21-0019 John&Donna Hagberg L5,B5 Cedar Forest 1st 11,520 8,080
o
Parcel PiD# Property Owner Legal Description 2001 Deferred 2006
$Amount $Amount $Amount
29-116-22-21-0002 Duaine&Luanne Denman L8,B2 Cedar Forest 1st 11,520 8,080
29-116-22-21-0020 William Schafer/C.R. Babcock L6,B5 Cedar Forest 1st 11,520 8,080
29-116-22-21-0003 William Dolney L9,B2 Cedar Forest 1st 11,520 8,080
29-116 22 21-0004 Kevin&Kimberley Gumm L10,B2 Cedar Forest 1st 11,520 8,080
29-116-22-21-0017 Russell&Elaine Chance L1,B4 Cedar Forest 1st 11,520 8,080
29-116-22-21-0018 Gregory &Pamela Engel L2,B4 Cedar Forest 1st 11,520 8,080
29-116-22-21-0010 Jerome Nolte L1,B3 Cedar Forest 1st 11,520 8,080
29-116-22-21-0005 Philip Schechter L11,B2 Cedar Forest 1st 11,520 8,080
29-116-22-21-0011 Rodney Volk L2,B3 Cedar Forest 1st 11,520 8,080
29-116-22-21-0006 Bradley Mylnar&Nicki Olson L12,B2 Cedar Forest 1st 11,520 8,080
29-116-22-21-0007 James&Ann Rannow L13,B2 Cedar Forest 1st 11,520 8,080
29-116-22-21-0012 Mark&Tamara Michalson L3,B3 Cedar Forest 1st 11,520 8,080
29-116-22-21-0013 William&Beverly Holte L4,B3 Cedar Forest 1st 11,520 8,080
29-116-22-21-0026 Ryan&Amy Martinson L14,B2 Cedar Forest 1st 11,520 8,080
29-116-22-21-0028 Nicholas Hedlun/K.L.Trickey L5,B3 Cedar Forest 1st 11,520 8,080
29-116-22-21-0027 Thomas&Patricia Whalen L15,B2 Cedar Forest 1st 11,520 8,080
29-116 22 21-0028 - Nicholas Hedlun/K.L.Trickey L6,B3 Cedar Forest 1st 11,520 8,080
29-116-22-21-0016 Jean Pierre&Paula Legand L7,B3 Cedar Forest 1st 11,520 8,080
20-116-22-33-0001 Dale Lommen Unplatted Cedar For.1st 22,800
20-116-22-33-0002 Todd Danielson Unplatted Cedar For.lst 4,560
20-116-22-33-0003 Luella DeBono Unplatted Cedar For.lst 20,520
20-116-22-33-0004 John Wiedman Unplatted Cedar For.lst 39,880 8,080
29-116-22-22-0005 James&Beverly Zahler Unplatted Cedar For.lst 37,600 8,080
29-116-22-22-0002 US Homes Corp Unplatted Cedar For.lst 23,750
29-116-22-24-0005 Eden Orchard Ltd Partnership Unplatted Cedar For.lst 26,880
30-116-22-14-0012 Eden Orchard Ltd Partnership Unplatted Cedar For.lst 14,080
20-116-22-34-0026 Centex Homes Unplatted Cedar For.lst 25,600
20-116-22-34-0029 Centex Homes Unplatted Cedar For.lst 20,480 •
29-116-22-21-0031 Centex Homes Unplatted Cedar For.lst 5,120
20-116-22-33-0006 Robert&Mavis Hendrickson Unplatted Cedar For.lst 12,000
29-116-22-22-0004 Robert Hendrickson Unplatted Cedar For.lst 14,000
29-116 22 22-0034 Charles Grosch Unplatted Cedar For.lst 4,000
20-116-22-33-0007 Robert Hendrickson Unplatted Cedar For.lst 20,000
Parcel PID# Property Owner Legal Description 2001 Deferred 2006
$Amount $Amount $Amount
20-116-22-31-0001 Marie Gustafson Unplatted Cedar For.1st 7,680
• 20-116-22-34-0028 Guy&Janice Treanor Unplatted Cedar For.1st 1,280
20-116-22-34-0023 Robin Ruben Unplatted Cedar For.1st 25,600
SUPPLEMENTALS
Trunk Sewer &Water -
Parcel PID# Property Owner Int. Yrs. 2001 2006
$Amount $Amount
20-116-22-34-0017 Robert Hogge 8.5% 20 520
20-116-22-34-0002 James K. Martins 8.5% 20 520
20-116-22-34-0003 Raiford C. Baker 8.5% 20 520
20-116-22-34-0004 . Neil&Susan Silker 8.5% 20 520
20-116-22-34-0021 Todd Miller 8.5% 20 520
20-116-22-34-0022 Christopher L. Davis 8.5% 20 520
20-116-22-34-0009 • Kevin&Amy Leighton 8.5% 20 520
20-116-22-34-0010 Michael&Lori Mowbray 8.5% .20 520
20-116-22-34-0011 . Michael&Joann Wroblewski 8.5% 20 520
20-116-22-34-0012 Douglas&Janice Anderson 8.5% 20 520
20-116-22-34-0016 Dennis&Dianna Dunn 8.5% 20 520
29-116-22-21-0019 John&Donna Hagberg - 8.5% 20 520
29-116-22-21-0002 Duaine&Luanne Denman 8.5% 20 • 520
29-116-22-21-0020 William Schafer/C.R. Babcock 8.5% 20 520
29-116-22-21-0003 William Dolney 8.5% 20 520
• 29-116-22-21-0018 Gregory&Pamela Engel 8.5% 20 520
29-116-22-21-0010 Jerome Nolte 8.5% 20 520
29-116-22-21-0005 Philip Schechter 8.5% 20 520
29-116-22-21-0011 Rodney Volk 8.5% 20 520
29-116-22-21-0007 James &Ann Rannow 8.5% 20 • . 520
29-116-22-21-0026 Ryan&Amy Martinson 8.5% 20 520
29-116-22-21-0028 Nicholas Hedlun/K.L.Trickey 8.5% 20 520
29-116-22-21-0027 Thomas&Patricia Whalen 8.5% 20 520
29-116-22-21-0028 Nicholas Hedlun/K.L.Trickey 8.5% 20 f 520
29-116-22-21-0016 Jean Pierre&Paula Legand 8.5% 20 520
20-116-22-33-0004 John Wiedman 8.5% 20 520
29-116-22-22-0005 James&Beverly 7-abler 8.5% 20 520
CITY COUNCIL AGENDA
DATE: 08/15/00
SECTION: Public Hearings
SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Community Development
Donald R.Uram Waigreens/Bank Redevelopment ,3
Michael D.Franzen
Requested Action
Move to:
• Close the Public Hearing; and
• Adopt the Resolution for PUD Concept Amendment on 3.36 acres; and
• Approve 1st Reading of the Ordinance for Planned Unit Development District Review with
waivers within the Community Commercial Zoning District on 3.36 acres; and
• Adopt the Resolution for Preliminary Plat of 3.36 acres into 2 lots; and
• Direct Staff to prepare a Developer's Agreement incorporating Commission and Staff
recommendations(and Council conditions).
Synopsis
This project is located at the southeast corner of the intersection of Wagner Way and County Road
4. The project involves removing the existing building and constructing a 15,120.sq. ft. Walgreens
and a 3,5.00 sq. ft.bank. The project requires waivers for offsite parking, lot size, and side yard
setback.
Approximately 9,200 square feet of a 17.3-acre wetland will be filled. The mitigation site is at
the southwest corner of Venture Lane and Highway 5. A conservation easement is shown on the
plans over the wetland,wetland mitigation, and wetland buffers.The plan meets the required 15-
foot wetland buffer and the required 15-foot structure setback.
At the June 12, 2000 meeting, The Community Planning Board voted 6-0 to recommend
approval of the project,with waivers,to the City Council.
Background
An offsite parking waiver is needed to allow 13 spaces required for Walgreens to be located on
lot two. Offsite parking waivers are typical for commercial developments and have been
previously granted by the City provided there is a recorded cross parking agreement.
A lot size waiver is required for both lots since they are less than the 5-acre minimum lot size.
Proposed lot one is 1.69 acres. Proposed lot two is 1.51 acres. The waiver is reasonable since
the site density is 55%less than the approved plan and the existing lot is less than 5 acres.
1
The side yard setback waiver from 20 feet to 10 feet is for the bank building on proposed lot two.
The proposed lot line creates the waiver.There is 43 feet between the buildings. If the lot line
were centered between the buildings,both the bank and Walgreens would meet the required 20-
foot setback. Since there is 43 feet between the buildings,the setback waiver is reasonable and
the lot line should remain as proposed.
Attachments
1. Resolution for PUD Concept Amendment
2. Resolution for Preliminary Plat
3. Staff Report dated June 9,2000
4. Community Planning Board Minutes dated June 12,2000
•
•
•
WALGREENSBANK PROJECT
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2000 -
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT AMENDMENT OF WALGREENSBANK PROJECT
FOR SEMPER DEVELOPMENT,LTD.
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 Community Planning Board did conduct a public hearing on
WalgreensBank Project by Semper Development,LTD., and considered their request for approval
for development(and waivers)and recommended approval of the requests to the City Council; and
WHEREAS,the City Council did consider the request on August 15, 2000.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1. WalgreensBank Project,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 June 5, 2000.
3. That the PUD Concept meets the recommendations of the Community Planning
Board dated June 12,2000.
ADOPTED by the City Council of the City of Eden Prairie this 15th day of August,2000.
Jean L. Harris,Mayor
ATTEST:
Kathleen A. Porta, City Clerk
3
Exhibit A
WalgreensBank Project
Legal Description: Lot 1,Block 1,Jennifer Addition
WALGREENS/BANK PROJECT
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2000 -
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF WALGREENS/BANK PROJECT FOR SEMPER DEVELOPMENT,LTD.
BE IT RESOLVED,by the Eden Prairie City Council as follows:
That the preliminary plat of the WalgreensBank Project for Semper Development,LTD.,dated June
5,2000 and consisting of 3.36 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 15th day of August,2000.
Jean L. Harris, Mayor
ATTEST:
Kathleen A.Porta, City Clerk
5
STAFF REPORT
TO: Community Planning Board
• FROM: Michael Franzen, City Planner
DATE: June 9,2000
SUBJECT: WalgreensBank Project
APPLICANT Semper Development,LTD
OWNER: Bob Copeland
LOCATION: Northeast corner of County Road 4 and Highway 5
REQUEST: 1. Planned Unit Development Concept Amendment on 3.36 acres to the
overall Gonyea PUD
2. Planned Unit Development District Review on 3.36 acres with waivers
within the Community Commercial Zoning District.
3. Zoning District on 3.36 acres
4. Site Plan Review on 3.36 acres
5. Preliminary Plat of 3.36 acres into 2 lots
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Staff Report—Walgreens-Bank
June 9,2000
•
BACKGROUND
This site is guided and zoned Community Commercial. The 1986 approved plan is a 15,000 sf.,two
story,bank-office building and a 24,200 sf.,two story, office building.
The bank-office building was constructed in 1987. The second phase office building has not been
constructed.
SITE PLAN
•
The project involves removing the existing building and constructing a Walgreens and a bank.
The Walgreens building is proposed on lot one. The building is 14,314 square feet. The building
base area ratio is .20. The City Code allows up to a .20 base area ratio. The building meets the
required 35-foot setback from all public roads. The building meets the required 20-foot side yard
setback.
The required parking for Walgreens is 85 spaces. A total of 72 spaces are provided on lot one and
13 spaces on lot two. An off-site parking waiver is required.
The bank building is proposed on lot two.The building is 3,638 square feet. The building base area
ratio is .05. The City Code allows up to a.20 base area ratio. The building meets the required 35-
foot setback from all public roads. The building meets the required 20-foot side yard on the east
side. A setback waiver from 20 feet to 10 feet is required for the west side.
The required parking for bank is 21 spaces. A total of 21 spaces are provided on lot two.
PLANNED UNIT DEVELOPMENT WAIVERS
The offsite-parking waiver will allow 13 spaces required for Walgreens to be located on lot two.
Offsite parking waivers are typical for commercial developments and have been previously
granted by the City provided there is a recorded cross parking agreement.
A lot size waiver is required for both lots since they are less than the 5 acre minimum lot size.
Proposed lot one is 1.69 acres. Proposed lot two is 1.51 acres. The waiver is reasonable since
the site density is 55%less than the approved plan and the existing lot is less than 5 acres.
The side yard setback waiver from 20 feet to 10 feet is for the bank building on proposed lot two.
The proposed lot line creates the waiver.There is 43 feet between the buildings. If the lot line
were centered between the buildings,both the bank and Walgreens would meet the required 20-
foot setback. Since there is 43 feet between the buildings,the setback waiver is reasonable and
Staff Report—Walgreens-Bank
June 9,2000
the lot line should remain as proposed.
WETLAND IMPACTS
The 1986 approved plan proposed a filling of all of the wetland on this site with no mitigation.
State law did not require wetland mitigation until 1990. The current wetland ordinance requires
mitigation and buffer zones. The existing wetland is classified as a moderate quality and will be
replaced with a moderate quality wetland.
Approximately 9,225 square of a 17.3-acre wetland will be filled. The wetland mitigation is
proposed on a site in the southeast corner of the 37-acre Gonyea Planned Unit Development
• adjacent to Venture Lane and Highway 5. The approved plan for this site is a 5,000 sf. office
building.
The plan meets the required 15-foot wetland buffer strip and the required 15-foot structure
setback from the buffer strip.
A conservation easement is required over the wetland,wetland mitigation,and wetland buffers.
The easement is shown on the plans.
ARCHITECTURE
Both buildings meet the 75%face brick and glass requirement. Both buildings use similar roof
lines and construction details as the retail center to the north.
LANDSCAPE PLAN
The landscaping requirements are based on the caliper inch requirement, tree replacement, and
wetland buffers. The landscape plan shows 313 inches.
The caliper inch requirement is 109 inches.The plan meets this requirement.
There are 176 inches of significant trees on site. The trees were planted to meet the landscape
requirement for the approved plan. Eleven of the twenty-two trees (84 inches) will be saved or
relocated. Tree loss is 92 inches. The required tree replacement is 56 inches. The plan meets this
requirement.
The plan includes 130 inches of wetland buffer trees as a transition between the parking lot and the
wetland.
9
Staff Report—Walgreens-Bank
June 9,2000
TRAFFIC
The approved plan generates 417 peak hour trips. The proposed plan generates 348 peak hour trips.
Since the proposed traffic is less than the approved plan,no improvements are needed to existing
roads and intersections.
DRAINAGE
The plan provides the required stormwater treatment pond.
LIGHTING
The proposed floodlights on the parking lot lights are not permitted according to City Code. The
lighting standard should be a downcast shielded fixture with a maximum height of 20 feet.
STAFF RECOMMENDATION
Staff recommends approval of the following:
• Planned Unit Development Concept Amendment on 3.36 acres to the overall Gonyea PUD
• Planned Unit Development District Review with waivers within the Community Commercial
•Zoning District on 3.36 acres
• Site Plan Review on 3.36 acres
• Preliminary Plat of 3.36 acres into 2 lots
This approval is subject to the recommendations of this Staff Report, and the following:
1. Prior to City Council review,proponent shall:
A. Modify the lighting plan to meet City standards. "
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. A wetland
conservation easement is required prior to the release of the fmal plat.
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:
16
Staff Report—Walgreens -Bank
June 9,2000
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.
5. The following waivers from the City code are granted as part of the Planned Unit
Development District review in the Community Commercial Zoning District:
A. Lot size waiver from 5 acres to 1.69 acres for proposed lot one and 1.51 acres for
proposed lot two.
B. Offsite parking for 13 spaces on proposed lot two.
C. Building setback from 20 to 10 feet to the west property line of proposed lot two.
•
•
•
I ( .
COMMUNITY PLANNING BOARD MINUTES
Page 4
June 12,2000
D. WALGREENS/BANK PROJECT by Semper Development, LTD.Request for
Planned Unit Development Concept Amendment on 3.36 acres to the overall Gonyea
PUD,Planned Unit Development District Review with waivers within the
Community Commercial Zoning District on 3.36 acres, Site Plan Review on 3.36
acres, and Preliminary Plat of 3.36 acres into 2 lots. Location:NE corner of Co Rd 4
and Hwy 5.
Franzen said the zoning status was community commercial. The council approved
the two part building plan in 1986. There is a 25,000 square foot building that could
be built and would have filled all of the wetland on the site. This approval was prior
to the 1990 state law requiring mitigation. The proposal is to remove the existing
building,relocate U.S. Bank to a smaller building east on the property, construct
Walgreens on the site.
John Koehler of Semper development presented the site plan. They are proposing
splitting the property, include 13 parking spaces on the bank side required for the
site. The lot size split results in 1.69 acres for Walgreens and 1.51 acres for the Bank
site. The lot is under the five acre minimum approved in 1986. They request a
setback waiver of 10 feet for the bank. There would be a waiver between the
building and property line. The developer bought property zoned for office building
• in the southeast corner of the PUD for wetland mitigation. This will provide an
excess of 13,000 square feet of wetland.
Corneille asked about the implications for the mortgage. Koehler said part of
Walgreens and U.S. Bank's requirements are owning their own buildings. The lot
must be legally split.
Clinton asked about the existing buildings and sequence of construction and what
would happen with the old site. Koehler said the existing bank will be housed in the
Walgreens building until the new site is complete. He said that he wasn't sure
whether the existing Walgreens would be removed, leased or sold.
Brooks asked about traffic impact. Koehler said the existing location did not
generate a lot of traffic and that traffic predictions were based on ITE standards,
square footage for retail.
Stoelting asked about sidewalks,tree loss,traffic flow and safety issues.
Koehler said the existing bike path would stay;the traffic would flow around a
bypass lane or go through the drive through.As a result,there is not a traffic safety
concern.
Gray stated within this type of development traffic can be mitigated with signs and
safety mirrors.
is
COMMUNITY PLANNING BOARD MINUTES
Page 5
June 12,2000
Franzen said tree mitigation is addressed in the landscape section. The plan retains
11 of 22 larger trees on the property.
Stock asked whether the lot size waiver presented some future concerns. Franzen
said the lot size waiver is an issue as long as there is a recorded document for shared
parking.
Stoelting said he was still uncomfortable with traffic between Walgreens and the
bank with the left hand turn.
Gray said the City would not consider this on a public roadway.They would
consider using a speed bump to mitigate concerns.
Koenig asked about cash park fees. Franzen said they were paid initially when the
property was developed in 1986.
Jan and Bill Erickson, owners/operators of the music school in the upper level of
U.S. Bank Building, addressed the board. Mr. Erickson said for 10 years they
worked with Eden Prairie schools serving 1,000 students. He expressed concern that
they were never given formal notice of the action by the developer as part of their
lease.
Stock asked whether the new bank would have room. Koehler said no.
MOTION by Stoelting, second by Koenig to close the public hearing. Motion
carried 6-0.
MOTION by Stoelting, second by Koenig for approval of the WalgreensBank
Project by Semper Development, LTD, request for PUD Concept amendment on
3.36 acres to the overall Gonyea PUD, with waivers within the Community
Commercial Zoning District on 3.36 acres, Site Plan Review on 3.36 acres, and
Preliminary Plat of 3.36 acres into 2 lots. Location:NE Corner of C o. Rd. 4 and
Hwy 5. Motion carried 6-0.
13
CITY COUNCIL AGENDA
DATE: 08/15/00
SECTION: Public Hearings
SERVICE AREA/DIVISION:
Community Development ITEM DESCRIPTION: ITEM NO.:
Donald R.Uram
Krista R. Flemming Schlotzsky's Deli
Requested Action
Move to:
• Close the Public Hearing; and
• Adopt the Resolution for PUD Concept Review on 4.19 acres; and
• Approve 1st Reading of the Ordinance for PUD District Review with waivers and
Zoning District Amendment in the Regional Commercial Service Zoning District on
4.19 acres;
• Adopt the Resolution for Preliminary Plat on 4.19 acres; and
• Direct Staff to prepare a Developer's Agreement incorporating Staff and Board
recommendations and Council conditions.
Synopsis
This project includes a one story, 5,299 sq. ft. restaurant building located at 11609 Leona Road
(Office Depot site). Surrounding land uses include Office Depot, Super 8, Phillips 66 station,
Town Place Suites, and Net Perceptions Office Building. The existing structure, Office Depot,
was approved as part of the Town Place Center PUD in 1997. This approval included a future
restaurant addition to the west side of the existing Office Depot structure (see attached plan with
the staff report).
The Community Planning Board voted 7-0 to recommend approval of the project to the City
Council at its July 24, 2000,meeting.
Background
The original PUD approval included additional building square footage that met the codes for the
Regional Commercial Service zoning district. The proposed project is similar in size and location to
the original approval with the exception of property ownership. The original PUD anticipated
leasing the additional area while the current project proposes to subdivide the lot, creating a second
property and owner. Although many aspects of the original approval are also part of this plan, the
proposed separate ownership requires the following waivers to the zoning ordinance:
• Lot Frontage from 85' to 0' for Lot 2
• Side yard accessory structure setback from 10' to 0' on Lot 2 (Schlotzsky's)
• Parking setback from 10' to 0' on Lot 1 for property lines adjacent to Lot 2 (Schlotzsky's)
and along the west and north property lines of Lot 2 (Schlotzsky's)
• Side yard building setback from 20' to 17' for the east property line of Lot 2 (Schlotzsky's)
and from 20' to 0' for the west property line of Lot 1 (Office Depot)
I
City Council Agenda
Schlotzsky's Deli
Page 2
The requested waivers are created due to lot division for mortgage purposes and do not result in a
loss of green space or more development than allowed by code or the approved PUD concept
plan. It is common to have reduced setbacks in retail centers to provide better internal traffic
circulation and site efficiency. The City has granted similar waivers.
• Offsite signage for Lot 2 (Schlotzsky's)
The original PUD approval provided shared monument signage on the site. This would eliminate
additional, individual monument signs on Lot 2.
Attachments
1. Resolution for PUD Concept Review
2. Resolution for Preliminary Plat
3. Community Planning Board Minutes dated July 24,2000
4. Staff Report dated July 21,2000 •
•
a
SCHLOTZSKY'S DELI
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2000-
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT OF SCHLOTZSKY'S DELI
FOR MIDWEST EXPANSION LTD.
WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned
Unit Development(PUD) Concept of certain areas located within the City; and
WHEREAS, the Community Planning Board did conduct a public hearing on Schlotzsky's
PUD Concept by Midwest Expansion Ltd. and considered their request for approval for development
(and waivers) and recommended approval of the requests to the City Council; and
WHEREAS,the City Council did consider the request on August 15,2000.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1. Schlotzsky's,being in Hennepin County,Minnesota, legally described as outlined in
Exhibit A, is attached hereto and made a part hereof.
2. That.the City Council does grant PUD Concept approval as outlined in the plans
dated August 1,2000.
3. That the PUD Concept meets the recommendations of the Community Planning
Board dated July 24,2000.
ADOPTED by the City Council of the City of Eden Prairie this 15th day of August,2000.
Jean L.Harris,Mayor
ATTEST:
Kathleen A.Porta, City Clerk
Exhibit A
Schlotzsky's Deli
Legal Description:
That part of Lots 5 and 6, "Auditor's Subdivision Number 335, Hennepin County, Minnesota",
property,according to the recorded plat thereof being described as beginning at the Southwest comer
of said Lot 5;thence North along the West line thereof a distance of 324 feet;thence East parallel
to the South line of said Lots 5 an6 a distance of 672.22 feet;thence South parallel to the West line
of said Lot 6 a distance of 324 feet to the South line thereof;thence West along the South line of said
Lots 6 and 5 a distance of 672.22 feet to the point of beginning, except the Easterly 109 feet of the
above described.
SCHLOTZSKY'S DELI
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2000-
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF SCHLOTZSKY'S DELI FOR MIDWEST EXPANSION LTD.
BE IT RESOLVED,by the Eden Prairie City Council as follows:
That the preliminary plat of the Schlotzsky's Deli For Midwest Expansion Ltd. dated August 1,
2000, and consisting of 4.19 acres into two lots,a copy of which is on file at the City Hall,is found
to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and
amendments thereto, and is herein approved.
ADOPTED by the Eden Prairie City Council on the 15th day of August, 2000.
Jean L.Harris,Mayor
ATTEST:
Kathleen A.Porta, City Clerk
S
COMMUNITY PLANNING BOARD MINUTES
JULY 24,2000
PAGE 3
IV. PUBLIC HEARINGS
A. SCI LOTZSKY'S DELI(OFFICE DEPOT)by Midwest Expansion Ltd.
Request for Planned Unit Development(PUD) Concept Amendment on 4.19
acres of the Town Place Center PUD, PUD District Review with waivers on 4.19
acres,Zoning District Amendment within the C-Reg-Ser Zoning District on 4.19
acres, Site Plan Review on 4.19 acres, and Preliminary Plat of 4.19 acres into 2
lots. Location: 11609 Leona Road.
Scott Mower of Progressive Architecture, presented the PUD Concept
Amendment to the Board. Schlotzsky's is a gourmet sandwich shop. He reviewed
the aesthetics of the building; the store will match Office Depot with the stone,
brick, and some stucco. He said they concur with the staff report with the
exception of the cross-access. He would like it approved as shown with the cross
access included. He said Phillips 66 is not willing to lose their access to Highway
212. The cross-access would be very visible from Highway 212. Caribou Coffee
business is finished at 11:00; Schlotzsky's picks up at 11:00; the small amount of
traffic that would be added would not add to peak p.m. rush hours. Caribou may
add some to a.m. rush hour. Current access from Phillips 66 onto the site is a
right-in, right out; bringing that traffic down to the stop light at Leona Road
would create the same circulation as generated at Phillips 66 access. He said they
requested an accident report; all of the accidents were at Leona near Phillips 66
and not at the right-in, right out. The police department said the traffic count on
Highway 212 has been greatly reduced since Highway 169 access is open. The
amount of traffic being added is negligible.
Krista Flemming, Planner I, presented the staff report to the Board. The site is
guided for a Regional Commercial use and zoned Regional Commercial Service.
Surrounding land uses include Office Depot, Super 8, Phillips 66 station, Town
Place Suites, and Net Perceptions Office Building. The existing structure, Office
Depot, was approved as part of the Town Place Center PUD in 1997. This
approval included a future restaurant addition to the west side of the existing
Office Depot.
The 4.19 acre site is proposed to be subdivided into two lots; Lot 1, Office Depot,
will be 3.57 acres and Lot 2, Schlotzsky's, will be .91 acres. Both lots meet
maximum base area ratio of .20. City Code requires 6 parking stalls per 1000
square feet of retail for Office Depot, or 186 stalls, and 1 parking stall per three
seats for Schlotzsky's, or 120 stalls. The plan meets the code.
The original PUD approval included additional building square footage that met
the codes for the Regional Commercial Service zoning district. This proposed
project is similar in size and location to the original PUD with the exception of
property ownership. The original PUD anticipated leasing the additional area
6
COMMUNITY PLANNING BOARD MINUTES
JULY 24,2000
PAGE 4
while the current project proposes to subdivide the lot, creating a second property
and owner.
Although many aspects of the original approval are also part of this plan, the
proposed separate ownership requires the following waivers to the zoning
ordinance:
• Lot Frontage from 85' to 0' for Lot 2.
• Sideyard accessory structure setback from 10' to 0' on Lot 2
(Schlotzsky's)
• Parking setback from 10' to 0' on Lot 1 for property lines adjacent to
Lot 2 (Schlotzsky's) and along the west and north property lines of Lot
2 (Schlotzsky's).
• Side yard building setback from 20' to 17' for the east property line of
Lot 2 (Schlotzsky's) and from 20' to 0' for the west property line of
,Lot 1 (Office Depot).
• Offsite signage for Lot 2 (Schlotzsky's)
The requested waivers are created due to lot division for mortgage purposes and
do not result in a loss of green space or more development than allowed by code
or the approved PUD concept plan. It is common to have reduced setbacks in
retail centers to provide better internal traffic circulation and site efficiency. The
City has granted similar waivers.
The original PUD approval provided shared monument signage on the site. This
would eliminate additional, individual monument signs on Lot 2.
The existing NURP pond will be enlarged to accommodate the site's additional
stormwater. Sanitary sewer and city water currently exists.
A cross access is proposed between Schlotzsky's and Office Depot as well as with
the Phillips 66 convenience station south of the property. The cross access to
Phillips 66 creates a traffic impact on an existing access onto Highway 212 from
the Phillips 66 site. The increased traffic using the driveway to Highway 212 •
changes Mn/DOT's classification for this intersection to a different level. Both
city staff and Mn/DOT will support the cross access between Schlotzsky's and
Phillips 66 if the access onto Highway 212 is closed. This would limit the Phillips
66 site to one access onto West 78th Street, which intersects with Highway 212. If
Phillips 66 does not support closing its access to Highway 212, staff recommends
eliminating cross access between Phillips 66 and Schlotzsky's.
The total site landscaping and tree replacement was planted as part of original
approval. Schlotzsky's will be planting some additional trees and shrubs.
Lighting will consist of 30-foot tall, downcast, cut off fixtures.
1
COMMUNITY PLANNING BOARD MINUTES
JULY 24,2000
PAGE 5
The building meets the 75% face brick, glass, or natural stone exterior materials
requirements and incorporates architecture similar to other buildings in the PUD.
Brick will also be placed on the west side of Office Depot to complete this
elevation.
Schlotzsky's is a permitted use within the Regional Commercial Service zoning
district. The requested waivers are created due to the lot division for mortgage
purposes and do not result in a loss of green space or more development than
allowed by code or the approved PUD concept plan. Staff supports the cross
access to Phillips 66 if the access to Highway 212 is eliminated.
Staff recommends approval of the project based on the staff report
recommendations.
The following waivers to the City Code are granted as part of the PUD: Parking
setback from 10' to 0' on Lot 1 for property lines adjacent to Lot 2 (Schlotzsky's)
along the west and north property lines of Lot 2 (Schlotzsky's), Lot Frontage from
85' to 0' for Lot 2, Side yard building setback from 20' to 17' for the east
property line of Lot 2 (Schlotzsky's) and from 20' to 0' for the west property line
of Lot 1 (Office Depot), side yard accessory structure setback from 10' to 0' on
Lot 2 (Schlotzsky's), and offsite signage for Lot 2 (Schlotzsky's).
Foote asked whether there was an option to have both the cross access and the
opening to 212.
Gray said the city would have the authority to approve it but would not
recommend it. He said when driving 78th street and entering northbound
Highway 212, there is a yield condition, but it is used as a merge condition. The
short lane is used as an acceleration lane. A driver on the.left attempting to slow
down and turn would be unexpected. Highway 212 traffic will increase and not
lessen in the future. The signals on the corridor need to be reduced. The city
should not provide more business utilization for such right of way; there is a
potential for having to buy out in the future; it would not be financially sound.
Highway 212 should have less local access and a better system of frontage roads.
Foote said his concern was the similarity to the cut through from Middleset Road;
it is a bad situation where traffic utilizes the parking lot to cut through to the
signal. Eliminating the access to Highway 212 could cause the same situation. If
there is no access to Highway 212,he would suggest eliminating the cross-access.
Gray said the choices are cross-access, with closure to Highway 212 or no cross-
access as a practical matter. Staff recommendation is not to have a cross-access.
I
COMMUNITY PLANNING BOARD MINUTES
JULY 24,2000
PAGE 6
Nelson asked about the side of Office Depot where it is cement block and whether
that would be changed to meet standards.
Flemming said the existing materials on Office Depot will be continued to the
west side, so it will not be just block.
Mower said if a cross-access is not in place, Caribou Coffee, may not be
interested in moving into the property. He suggested a permit for the cross-access
and a review in 2-3 years.
Corneille said that would be very difficult since it is never easy to remove a
condition that has been existing for awhile.
Koenig asked about the cash park fees and whether they were applicable.
Flemming said they were paid when Office Depot was built.
Nelson asked whether it was possible to have a one way access coming in from
Phillips 66 into the Schlotzsky's lot; gas station traffic would come in and then go
out onto Leona.
Gray said that could be considered, but the right-in and deceleration area moves
the vehicle from the turn lane onto the main road. A regular commuter on
Highway 212 buying gas would stop once or twice a week; a Caribou customer
would utilize it every day. Getting off the highway would create a conflict.
Foote asked whether the right turn could be eliminated by reconfiguring it so
there was no turn, but an angle.
Gray said it would have to be studied.
Foote said it would eliminate a right-in but a right-out would be possible from
Phillips 66.
Gray said that could be modified, but it would probably change their current
access and they would want compensation for that change.
Tony Strauss with Welsh Companies addressed the Board. He said the proposed
uses do not conflict with each other. He asked whether a stop sign could be put in
at the cross access.
Corneille said the reason for elimination of the cross access was more
fundamental and had to do with traffic flow on Highway 212.
COMMUNITY PLANNING BOARD MINUTES
JULY 24,2000
PAGE 7
Mower said Schlotzsky's was still very interested even if the Board determined
the access could not be part of the project and asked that the Board vote in favor
of the project with a plan amendment to eliminate the cross access.
Foote said he thought the cross access should be eliminated.
Clinton said he heard the comment about losing Caribou Coffee;he said he would
prefer no cross-access. There is about 250 feet between right out of the gas station
and Leona Drive. It would only take an extra three seconds to drive up to the
Leona Drive exit to get into the proposed site. He is disappointed that the
elimination of the access could cause Caribou Coffee to possibly leave.
Motion by Clinton, second by Foote to close the public hearing.
Motion carried, 7-0.
The hearing closed at 7:35 p.m.
MOTION: Clinton moved, seconded by Foote to approve Schlotzsky's Deli
(Office Depot) by Midwest Expansion Ltd. Request for Planned Unit
Development (PUD) Concept Amendment on 4.19 acres of the Town Place
Center PUD, PUD District Review with waivers on 4.19 acres, Zoning District
Amendment within the C-Reg-Ser Zoning District on 4.19 acres, Site Plan
Review on 4.19 acres, and Preliminary Plat of 4.19 acres into 2 lots at location:
11609 Leona Road. Recommend "Option 2" plan with no cross access. Motion
carried 7-0.
/o
STAFF REPORT
TO: Community Planning Board
FROM: Krista R.Flemming,Planner I
DATE: July 21,2000
SUBJECT: Schlotzsky's Deli
APPLICANT: Midwest Expansion Ltd.
FEE OWNER: Office Depot,Inc.
LOCATION: 11609 Leona Road
REQUEST: 1. Planned Unit Development Concept Amendment on 4.19 acres of the Town Place
Center PUD
2. Planned Unit Development District Review with waivers on 4.19 acres
3. Zoning District Amendment within the C-Reg-Ser Zoning District on 4.19 acres
4. Site Plan Review on 4.19 acres
•
5. Preliminary Plat of 4.19 acres into 2 lots
II
Staff Report—Schlotzsky's Deli
July 21,2000
BACKGROUND
The site is guided for a Regional Commercial use and zoned Regional Commercial Service.
Surrounding land uses include Office Depot, Super 8, Phillips 66 station, Town Place Suites, and Net
Perceptions Office Building.
The existing structure, Office Depot, was approved as part of the Town Place Center PUD in 1997.
This approval included a future restaurant addition to the west side of the existing Office Depot
structure (see attached plan).
SITE PLAN/PRELIMINARY PLAT
The site is 4.19 acres proposed to be subdivided into 2 lots. Lot 1, Office Depot, will be 3.57 acres
and Lot 2, Schlotzsky's,will be .91 acres. Both lots meet maximum base area ratio of.20.
City Code requires 6 parking stalls per 1000 sq. ft. of retail for Office Depot, or 186 stalls, and 1
parking stall per 3 seats for Schlotzsky's, or 120 stalls. The plan meets code.
PLANNED UNIT DEVELOPMENT
The original PUD approval included additional building square footage that met the codes for the
Regional Commercial Service zoning district. The proposed project is similar is size and location to
the original approval with the exception of property ownership. The original PUD anticipated
leasing the additional area while the current project proposes to subdivide the lot, creating a second
property and owner. Although many aspects of the original approval are also part of this plan, the
proposed separate ownership requires the following waivers to the zoning ordinance:
• Lot Frontage from 85' to 0' for Lot 2
• Side yard accessory structure setback from 10' to 0' on Lot 2 (Schlotzsky's)
• Parking setback from 10' to 0' on Lot 1 for property lines adjacent to Lot 2 (Schlotzsky's)
and along the west and north property lines of Lot 2 (Schlotzsky's)
• Side yard building setback from 20' to 17' for the east property line of Lot 2 (Schlotzsky's)
and from 20' to 0' for the west property line of Lot 1 (Office Depot)
The requested waivers are created due to lot division for mortgage purposes and do not result in a
loss of green space or more development than allowed by code or the approved PUD concept
plan. It is common to have reduced setbacks in retail centers to provide better internal traffic
circulation and site efficiency. The City has granted similar waivers.
• Offsite signage for Lot 2 (Schlotzsky's)
The original PUD approval provided shared monument signage on the site. This would eliminate
additional,individual monument signs on Lot 2.
DRAINAGE
The existing NURP pond will be enlarged to accommodate the site's additional stormwater.
r2
iQ
Staff Report—Schlotzsky's Deli
July 21,2000
UTILITIES
Sanitary sewer and water currently exists.
ACCESS
A cross access is proposed between Schlotzsky's and Office Depot as well as with the Phillips 66
convenience station south of the property. The cross access to Phillips 66 creates a traffic impact on
an existing access onto Highway 212 from the Phillips 66 site. The increased traffic using the
driveway to Highway 212 changes Mn/DOT's classification for this intersection to a different level.
Both Staff and Mn/DOT will support the cross access between Schlotzsky's and Phillips 66 if the
access onto Highway 212 is closed. This would limit the Phillips 66 site to one access onto West 78th
Street, which intersects with Highway 212. (Refer to the attached memo for detailed conclusion
regarding the intersection from Randy Newton, Traffic Engineer.)
LANDSCAPING
The total site landscaping and tree replacement was planted as part of the original approval. Schlotzsky's
will be planting some additional trees and shrubs.
LIGHTING
Lighting will consist of 30-foot tall, downcast, cut off fixtures.
ARCHITECTURE
The building meets the 75% face brick, glass, or natural stone exterior materials requirements, and
incorporates architecture similar to other buildings in the PUD. Brick will also be place on the west
side of Office Depot to complete this elevation..
SUMMARY
Schlotzsky's is a permitted use within the Regional Commercial Service zoning district. The
requested waivers are created due to the lot division for mortgage purposes and do not result in a loss
of green space or more development than allowed by code or the approved PUD concept plan. Staff
supports the cross access to Phillips 66 if the access to Highway 212 is eliminated.
STAFF RECOMMENDATION
Staff recommends approval of the following request:
• Planned Unit Development Concept Amendment on 4.19 acres of the Town Place Center PUD;
• Planned Unit Development District Review with waivers on 4.19 acres;
• Zoning District Amendment within the C-Reg-Ser Zoning District on 4.19 acres;
• Site Plan Review on 4.19 acres; and
• Preliminary Plat of 4.19 acres into 2 lots.
13
Staff Report—Schlotzsky's Deli
July 21,2000
This is based on plans dated July 14, 2000, the Staff Report dated July 14, 2000, and the following
conditions:
1. Prior to review by the City Council,the proponent shall:
A. Revise the site plan to either eliminate the access from Phillips 66 to Highway 212, or
eliminate cross access to the Phillips 66 site.
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. Submit to the City Engineer, recorded copies of the cross access and maintenance
agreement documents.
C. Submit detailed storm water runoff,utility and erosion control plans for review by the
City Engineer and Watershed District.
3. Prior to building permit issuance,the proponent shall:
A. Review the building plans with the Fire Marshal and Plan Reviewer.
B. Provide building material samples and colors for review by the City Planner.
4. The following waivers to the City Code are granted as part of the PUD:
• Parking setback from 10' to 0' on Lot 1 for property lines adjacent to Lot 2
(Schlotzsky's) along the west and north property lines of Lot 2 (Schlotzsky's)
• Lot Frontage from 85' to 0' for Lot 2
• Side yard building setback from 20' to 17' for the east property line of Lot 2
(Schlotzsky's) and from 20' to 0' for the west property line of Lot 1 (Office Depot)
• Side yard accessory structure setback from 10' to 0' on Lot 2 (Schlotzsky's)
• Offsite signage for Lot 2 (Schlotzsky's)
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CITY COUNCIL AGENDA
DATE:
SECTION: Payment of Claims August 15,2000
SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Community Development and Payment of Claims VEIL
Financial Services/Don Uram
Requested Action
Move to: Approve the Payment of Claims as submitted(roll call vote)
Synopsis
Checks 89508-90086
Background Information
Attachments
l
COUNCIL CHECK SUMMARY 10-AUG-2000 (15:39)
DIVISION TOTAL
N/A $1.50
LEGISLATIVE $1,221.41
LEGAL COUNSEL $5,025.00
CUSTOMER SERVICE $17,756.82
BENEFITS $42,482.33
TECHNOLOGY $7,254.44
CITY MANAGER $63.61
FINANCE $111.00
HUMAN RESOURCES $2,271.53 •
•
COMMUNICATIONS $23.90
CITY CLERK $998.74
HUMAN SERV $15,087.15
RISK MANAGEMENT $10,662.00
WIRELESS COMMUNICATION $1,288.33
ENGINEERING $659.75
INSPECTIONS $94.09
FACILITIES $26,468.06
ASSESSING ' $787.00
CIVIL DEFENSE $380.39
POLICE $29,278.75
FIRE $14,148.62
ANIMAL CONTROL $2,296.98
PARK ADMIN $3,150.00
STREETS/TRAFFIC $195,392.42
PARK MAINTENANCE $29,754.41
PARKS CAPITAL $616.64
STREET LIGHTING $51,248.32
FLEET SERVICES $15,782.67
ORGANIZED ATHLETICS $7,269.32
COMMUNITY DEV $3,570.38
COMMUNITY CENTER $31,578.60
BEACHES $28.34
HISTORICAL $249.88
YOUTH RECREATION $20,082.67
SPECIAL EVENTS $926.36
ADULT RECREATION $2,770.64
RECREATION ADMIN $47.20
ADAPTIVE REC $637.75
OAK POINT POOL $127.49
ARTS $6,069.49
PARK FACILITIES $779.10
PUBLIC IMPROV PROJ $51,046.70
DEBT SERVICE PAYMENTS $120.00
EMPLOYEE PAYROLL DEDUCTIONS $503,456.67
CITY CENTER $6,111.70
SPECIAL REVENUE FUNDS $2,907.84
PRAIRIE VILLAGE LIQUOR STORE $55,736.16
PRAIRIEVIEW LIQUOR STORE $63,918.99
DEN ROAD LIQUOR STORE $124,283.75
TRUST FUNDS $112,200.00
WATER DEPT $124,106.83
SEWER DEPT $1,092.24
STORM DRAINAGE $5,073.20
AGENCY FUNDS $9,298.68
EQUIPMENT $53,870.08
COTNCIL CHECK SIIh4K1RY 10-AUG-2000 (15:39)
DIVISION TOTAL
GRANTS $1,185.00
$1,662,850.92*
COUNCIL CHECK REGISJ. 10-AUG-2000 (15
CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM
89508 $214.35 ACE ICE COMPANY MISC TAXABLE PRAIRE VIEW LIQUOR ##3
89509 $338.00 ALL SAINTS BRANDS DISTRIBUTING BEER 6/12 LIQUOR STORE CUB FOODS
89510 $39.59 AMERIPRIDE LINEN & APPAREL SER OTHER CONTRACTED SERVICES LIQUOR STORE CUB FOODS
89511 $2,954.33 BELLBOY CORPORATION MISC TAXABLE PRAIRE VIEW LIQUOR #3
89513 $6,549.97 DAY DISTRIBUTING BEER 6/12 PRAIRIE VILLAGE LIQUOR #1
89514 $4,266.77 EAGLE WINE COMPANY WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1'
89516 $8,838.85 EAST SIDE BEVERAGE COMPANY BEER 6/12 PRAIRE VIEW LIQUOR #3
89517 $10,685.50 GRIGGS COOPER & CO MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1
89519 $9,864.47 JOHNSON BROTHERS LIQUOR CO WINE DOMESTIC LIQUOR STORE CUB FOODS
89524 $2,961.85 LAKE REGION VENDING TOBACCO PRODUCTS LIQUOR STORE CUB FOODS
89525 $6,665.16 MARK VII BEER 6/12 PRAIRE VIEW LIQUOR #3
89526 $580.34 MIDWEST COCA COLA BOTTLING COM MISC TAXABLE LIQUOR STORE CUB FOODS
89527 $589.60 NORTH STAR ICE MISC TAXABLE LIQUOR STORE CUB FOODS
89528 $38.00 PAUSTIS & SONS COMPANY WINE DOMESTIC PRAIRE VIEW LIQUOR #3
89529 $16,305.06 PHILLIPS WINE AND SPIRITS INC WINE IMPORTED LIQUOR STORE CUB FOODS
89531 $959.07 PINNACLE DISTRIBUTING OPERATING SUPPLIES-GENERAL PRAIRE VIEW LIQUOR #3
89532 $2,991.11 PRIOR WINE COMPANY WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1
89534 $34,245,95 THORPE'DISTRIBUTING , BEER 6/12 LIQUOR STORE CUB FOODS
89536 $614.11 WINE COMPANY, THE WINE DOMESTIC LIQUOR STORE LU6 FOODS
89537 $65.85 WINE MERCHANTS INC WINE DOMESTIC LIQUOR STORE CUB FOODS
89538 $1,840.56 FOUR WHEEL DRIVE CENTER, THE OTHER EQUIPMENT FIRE
89539 $441.00 MINNESOTA SUPER CENTER INC INSTRUCTOR SERVICE SUMMER SKILL DEVELOP
89540 $10.52 ARVOLD, KATIE REC EQUIP & SUPPLIES PROGRAM SUPERVISOR
89541 $24.00 BCA CJIS ID UNIT PROFESSIONAL SERVICES FINANCE DEPT
89542 $1,222.89 BOSACKER, MIKE TRAVEL POLICE
89543 $50,555.00 BOYER FORD TRUCKS AUTOS P/W REVOLVING FUND
89544 $543.38 ELK RIVER CONCRETE PRODUCTS REPAIR & MAINT SUPPLIES STORM DRAINAGE
89545 $12.43 FLESCH, KATE REC EQUIP & SUPPLIES ' PROGRAM SUPERVISOR
89546 $196.51 GE CAPITAL RENTALS GENERAL
89547 $106.25 GEIS, ROB CLOTHING & UNIFORMS POLICE
89548 $1,300.80 GOPHER STATE ONE-CALL INC OTHER CONTRACTED SERVICES WATER SYSTEM MAINTENANCE
89549 $5.08 HENDERSON, T.J. REC EQUIP & SUPPLIES PROGRAM SUPERVISOR
89550 $1,475.65 INTERNATIONAL UNION OF OPERATI UNION DUES WITHHELD FD 10 ORG
89551 $42.92 JANSEN, TANYA OFFICE SUPPLIES GENERAL
89552 $46.16 JASMINE Z. KELLER GARNISHMENT WITHHELD FD 10 ORG
89553 $120.00 MCDONALDS OPERATING SUPPLIES-GENERAL DAY CAMP
89554 $145,684.11 MEDICA CHOICE COBRA COSTS/REV BENEFITS
89555 $1,280.84 MINN CHILD SUPPORT PAYMENT CTR GARNISHMENT WITHHELD FD 10 ORG
89556 $370.99 MINNESOTA BUSINESS FORMS OFFICE SUPPLIES GENERAL
89557 $50.00 MRPA CONFERENCE IN SERVICE TRAINING
89558 $261.00 NCPERS GROUP LIFE INSURANCE LIFE INSURANCE W/H FD 10 ORG
89559 $112,003.22 NORTHERN STATES POWER CO ELECTRIC TRAFFIC SIGNALS
89565 $75.00 OTTERNESS, RON INSTRUCTOR SERVICE OUTDOOR CTR PROGRAM
89566 $40.00 PADDLE MASTERS INSTRUCTOR SERVICE OUTDOOR CTR PROGRAM
89567 $58,651.56 PUBLIC EMPLOYEES RETIREMENT PERA WITHHELD FD 10 ORG
89568 $235.78 PUBLIC EMPLOYEES RETIREMENT AS PERA WITHHELD FD 10 ORG
89569 $2,133.13 QUALITY WINE & SPIRTS CO MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1
89570 $123.99 RAINBOW FOODS - CHARGES OPERATING SUPPLIES-GENERAL PROGRAM SUPERVISOR
89571 $13,706.32 RELIANT ENERGY RETAIL.INC. GAS MAINTENANCE BUILDING
89572 $600.00 SEVER PETERSON FARM DEPOSITS ESCROW
89573 $50.00 STATE OF MN BOARD OF ELECTRICI OPERATING SUPPLIES-GENERAL INSPECTION-ADMIN
89574 $590.97 THOR CONSTRUCTION DEPOSITS ESCROW
89575 $12.25 PARAGON CABLE CABLE TV COMMUNITY SERVICES
89576 $1,002.00 UNITED WAY UNITED WAY WITHHELD FD 10 ORG
89577 $285.67 UNLIMITED SUPPLIES INC EQUIPMENT PARTS EQUIPMENT MAINTENANCE
y
COUNCIL CHECK REGISTER 10-AUG-2000 (15
CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM
89581 $60.00 BALLARD, CHERYL ADULT/YOUTH/OUTDOOR CTR PROG YOUTH TENNIS
89582 $45.00 BERTOLDI, KARIN ADULT/YOUTH/OUTDOOR_CTR PROG SUMMER SKILL DEVELOP
89583 $37.00 BICHLER, CINDY ADULT/YOUTH/OUTDOOR CTR PROD SPECIAL EVENTS/TRIPS
89584 $6.00 BJORKSTRAND, TERRI ADULT/YOUTH/OUTDOOR CTR PROD AFTERNOON PLAYGROUND
89585 $42.00 BORCHART, JULIE ADULT/YOUTH/OUTDOOR CTR PROG PRESCHOOL EVENTS
89586 $37.00 BRATTON, JAMES ADULT/YOUTH/OUTDOOR CTR PROG SPECIAL EVENTS/TRIPS
89587 $60.00 BRYAN, DEBRA ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP
89588 $89.00 CHACKO, BARBARA ADULT/YOUTH/OUTDOOR CTR PROG SPECIAL EVENTS/TRIPS
89589 $21.50 CHAU, TOM LESSONS/CLASSES POOL LESSONS
89590 $1,710.00 DEPARTMENT OF PUBLIC SAFETY OTHER CONTRACTED SERVICES INFORMATION SYSTEM
89591 $9.00 DERANEY, CARLA LESSONS/CLASSES POOL LESSONS
89592 $1.00 DOLAN, LORI LESSONS/CLASSES POOL LESSONS
89593 $42.00 DRYER, JANET ADULT/YOUTH/OUTDOOR CTR PROG PRESCHOOL EVENTS
89594 $46.00 FLOOD, MS. ADULT/YOUTH/OUTDOOR CTR PROG YOUTH TENNIS
89595 $56.00 FRAYNE, ELLEN ADULT/YOUTH/OUTDOOR CTR PROG AFTERNOON PLAYGROUND
89596 $45.00 GRANDELIS, KATE LESSONS/CLASSES POOL LESSONS
89597 $1,000•.00 GREAT NORTH, THE DUES & SUBSCRIPTIONS COUNCIL
89598 $150.00 GUSTAD, MARK M. TRAVEL AUTO THEFT PREVENTION GRANT
89599 $30.00 HAJT, NANCY ADULT/YOUTH/OUTDOOR CTR PROG SPECIAL EVENTS/TRIPS
89600 $42.00 HANSON, JEANETTE ADULT/YOUTH/OUTDOOR CTR PROG PRESCHOOL EVENTS
89601 $150.00 HARRINGTON, MIKE TRAVEL AUTO THEFT PREVENTION GRANT
89602 $30.00 HARSTAD, BETH ADULT/YOUTH/OUTDOOR CTR PROG YOUTH TENNIS
89603 $341.92 HENNEPIN COUNTY I/T DEPT OTHER CONTRACTED SERVICES INFORMATION SYSTEM
89604 $11.00 HOWARD, CECILIA ADULT/YOUTH/OUTDOOR CTR PROG AFTERNOON PLAYGROUND
89605 $93.00 JAMAR, LAURA ADULT/YOUTH/OUTDOOR CTR PROG AFTERNOON PLAYGROUND
89606, $15.00- KEMMERER, TERRI ADULT/YOUTH/OUTDOOR CTR PROG PRESCHOOL PLAYGROUND
89607 $52.00 KOOP, REBECCA ADULT/YOUTH/OUTDOOR CTR PROG YOUTH ATHLETICS
89608 $164.00 KOZLICKI, JUDY ADULT/YOUTH/OUTDOOR CTR PROG ARTS'CAMP ,
89609 $77.00 KRAUSE, JODY ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP
89610 $4.00 LANGFORD, MEATTA ADULT/YOUTH/OUTDOOR CTR PROD SPECIAL EVENTS/TRIPS
89611 $90.00 MARSEILLE, MARLANGES ADULT/YOUTH/OUTDOOR CTR PROD DAY CAMP
89612 $90.00 MATULA, LISA ADULT/YOUTH/OUTDOOR CTR PROG DAY CAMP
89613 $30.00 MUENCH, JOHANNA ADULT/YOUTH/OUTDOOR CTR PROG YOUTH TENNIS
89614 • $183.21 NEW HOPE-POOL, CITY OF ' SPECIAL EVENTS FEES TEEN WORK PROGRAM
89615 $41.00 NORTON, AMY ADULT/YOUTH/OUTDOOR CTR PROG PRESCHOOL PLAYGROUND
89616 $106.49 OFFICE DEPOT COMPUTERS INFORMATION SYSTEM
89617 $56.00 OLSON, JOLEEN ADULT/YOUTH/OUTDOOR CTR PROG DRAMA CAMP
. 89618 $4,748.91 PRUDENTIAL INSURANCE CO OF AME LIFE EMPLOYERS SHARE BENEFITS •
89619 $69,333.39 PUBLIC EMPLOYEES RETIREMENT PERA WITHHELD FD 10 ORG
89620 $105.78 PUBLIC EMPLOYEES RETIREMENT AS PERA WITHHELD FD 10 ORG
89621 $39.75 QUICKSILVER EXPRESS COURIER POSTAGE GENERAL
' 89622 $2,638.45 RELIASTAR LIFE INSURANCE CO DISABILITY IN EMPLOYERS FD 10 ORG
89623 $35.00 SHULL, LISA LESSONS/CLASSES POOL LESSONS
89624 $11.00 SIR, AMY ADULT/YOUTH/OUTDOOR CTR PROG AFTERNOON PLAYGROUND
89625 $52.00 SOKOUNOVA, IRINA ADULT/YOUTH/OUTDOOR CTR PROG YOUTH TENNIS
89626 $227,394.00 SOUTHWEST METRO TRANSIT HACA FD 10 ORG
89627 $98.00 SPENCE, RYAN ADULT/YOUTH/OUTDOOR CTR PROS DAY CAMP
89628 $24.00 STARR, ROBERT ADULT/YOUTH/OUTDOOR CTR PROG DAY CAMP
89629 $30.00 TAYLOR, ANNE ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP
89630 $44.85 THIELMAN, MARC MILEAGE AND PARKING GENERAL BUILDING FACILITIES
89631 $66.20 US WEST COMMUNICATIONS TELEPHONE FIRE
89632 $115.00 WAGNER, STEVE ADULT/YOUTH/OUTDOOR CTR PROG SPECIAL EVENTS/TRIPS
•89633 $66.00 WANG, CINDY ADULT/YOUTH/OUTDOOR CTR PROS YOUTH TENNIS
89634 $54.00 WARMAN, SUE ADULT/YOUTH/OUTDOOR CTR PROG YOUTH TENNIS
89635 $59.99 WARNER OUTDOOR EQUIPMENT PROTECTIVE CLOTHING POLICE
COUNCIL CHECK REGISTER 10-AUG-2000 (15
CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM
89636 $42.00 WELSCH, ROBERT ADULT/YOUTH/OUTDOOR CTR PROG PRESCHOOL EVENTS
89637 $85.03 WEST WELD EQUIPMENT PARTS EQUIPMENT MAINTENANCE
89638 $25.00 ZEIDAN, FATAMI LESSONS/CLASSES POOL LESSONS
89639 $310.00 AARP 55 ALIVE MATURE DRIVING SPECIAL EVENTS FEES SENIOR CENTER PROGRAM
89640 $337.00 APPRAISAL INSTITUTE OPERATING SUPPLIES-GENERAL ASSESSING-ADMIN
89641 $60.00 BARBIERI, KATHY LESSONS/CLASSES POOL LESSONS
89642 $19.90 BRUENING, PAUL PHOTO SUPPLIES REC SUPERVISOR
89643 $80.00 CARLSON MARKETING GROUP OUTDOOR CENTER PARK FACILITIES
89644 $281.99 CONNEY SAFETY PRODUCTS CLEANING SUPPLIES WATER TREATMENT PLANT
89645 $106.49 DEAN, MITCHELL FURNITURE & FIXTURES LIQUOR STORE CUB FOODS
89646 $10.00 CODE ADMINISTRATION & INSPECTI LICENSES & TAXES WATER TREATMENT PLANT
89647 $141.00 DMX/MINNEAPOLIS OTHER CONTRACTED SERVICES PRAIRE VIEW LIQUOR #3
89648 $1;331.26 GREENER PASTURES OTHER, CONTRACTED SERVICES WATER TREATMENT PLANT
89649 $523.98 HIRSHFIELDS PAINT MANUFACTURIN OPERATING SUPPLIES-GENERAL PARK MAINTENANCE
89650 $490.00 KRAEMERS HARDWARE INC REPAIR & MAINT SUPPLIES WATER TREATMENT PLANT
89651 $905.06 LAB SAFETY SUPPLY INC CLEANING SUPPLIES WATER TREATMENT PLANT
89652 $9,458.83 , MASSACHUSETTS MUTUAL LIFE INSU BLDG RENTAL PRAIRE VIEW LIQUOR #3
89653 $40.00 MINNESOTA DEPT OF AGRICULTURE OTHER CONTRACTED SERVICES WATER TREATMENT PLANT
89654 $15.40 MUELLER, CYNTHIA OPERATING SUPPLIES-GENERAL POOL SPECIAL EVENTS
89655 $115.00 NFPA DUES & SUBSCRIPTIONS FIRE
89656 $180.00 PROTECTION ONE OTHER CONTRACTED SERVICES PRAIRE VIEW LIQUOR #3
89657 $275.00 KORPACZ COMPANY INC, THE ' OPERATING SUPPLIES-GENERAL ASSESSING-ADMIN
89658 $6,077.31 QUALITY WINE & SPIRTS CO MERCHANDISE FOR RESALE LIQUOR STORE CUB FOODS
89659 $60.00 STEWART, MARGARET LESSONS/CLASSES POOL LESSONS
89660 $40.00 TELEPHONE ANSWERING CENTER INC. OTHER CONTRACTED SERVICES WATER TREATMENT PLANT
89661 $474.00 VOLUNTEER FIREFIGHTERS BENEFIT DUES & SUBSCRIPTIONS FIRE
89662 $5.00 AARON'S PLUMBING CASH OVER/SHORT • FD 10 ORG
89663 $27.00 BRINK, MARGIE LESSONS/CLASSES ICE ARENA
89664 $37.00 BRYNDAL, MARY ANNE LESSONS/CLASSES POOL LESSONS
89665 $400.00 CARTER, NICOLAS OTHER CONTRACTED SERVICES STARING LAKE CONCERT
89666 . $39.00 FURST, LORRAINE SR CITIZENS/ADULT PROG FEES ADULT PROGRAM
• 89667 $750.00 GREGG SCHMIDT MUSIC WORKS OTHER CONTRACTED SERVICES STARING LAKE CONCERT
89668 $30.00 HAKES, KAREN LESSONS/CLASSES ICE ARENA
89669 $65.05 LEAGUE OF MINNESOTA CITIES OPERATING SUPPLIES-GENERAL COUNCIL
89670 $111,078.00 METROPOLITAN COUNCIL DUE TO OTHER GOVNT UNITS SAC AGENCY FUND
89671 $48.16 MINNESOTA HISTORICAL SOCIETY PRINTING HERITAGE PRESERVATION
89672 $15.00 MMBA CONFERENCE IN SERVICE TRAINING
89673 $575.00 MOLBERG, ELIZABETH A. OTHER CONTRACTED SERVICES STARING LAKE CONCERT
89674 $38.63 MUELLER, CYNTHIA REPAIR & MAINT SUPPLIES POOL MAINTENANCE
89675 $28.00 MYHRE, JULIE LESSONS/CLASSES POOL LESSONS
89676 $60.39 NORTHERN STATES POWER CO ELECTRIC DOUGLAS/MORE HOUSE
89677 $100.73 THE ICE MAN/CO2 SERVICES CHEMICALS POOL MAINTENANCE
89678 $675.00 RICHARD ALAN PRODUCTIONS OTHER CONTRACTED SERVICES STARING LAKE CONCERT
89679 $2,098.26 RICHFIELD, CITY OF AUTOS STORM DRAINAGE
89680 $500.00 RUDOLPH, MIKAEL OTHER CONTRACTED SERVICES STARING LAKE CONCERT
89681 $772.24 TWO S PROPERTIES INC. DEPOSITS ESCROW
89682 $59.45 US WEST COMMUNICATIONS TELEPHONE PRESERVE PARK
89683 $250.00 PUDAS, RICHARD OTHER CONTRACTED SERVICES STARING LAKE CONCERT
89691 $134.61 ACE ICE COMPANY - MISC TAXABLE PRAIRE VIEW LIQUOR #3
89692 $97.54 AMERIPRIDE LINEN & APPAREL SER OTHER CONTRACTED SERVICES LIQUOR STORE CUB FOODS
89693 $1,519.70 BELLBOY CORPORATION MERCHANDISE FOR RESALE LIQUOR STORE CUB FOODS
89694 $1,263.00 DAHLHEIMER DISTRIBUTING COMPAN BEER 6/12 PRAIRIE VILLAGE LIQUOR #1
89695 $9,307.80 DAY DISTRIBUTING BEER 6/12 PRAIRIE VILLAGE LIQUOR #1
89696 $959.13 EAGLE WINE COMPANY MERCHANDISE FOR RESALE PRAIRE VIEW LIQUOR #3
89697 $16,557.15 EAST SIDE BEVERAGE COMPANY BEER 6/12 PRAIRIE VILLAGE LIQUOR #1
b
COUNCIL CHECK REGISTER . 10-AUG-2000 (15
CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM
89698 $428.50 GETTMAN COMPANY MISC TAXABLE LIQUOR STORE CUB FOODS
89699 $1,286.92 GRAPE BEGINNINGS WINE IMPORTED LIQUOR STORE CUB FOODS
89700 $9,891.40 GRIGGS COOPER & CO MERCHANDISE FOR RESALE LIQUOR STORE CUB FOODS
89702 $21,421.52 JOHNSON BROTHERS LIQUOR CO MERCHANDISE FOR RESALE LIQUOR STORE CUB FOODS
89706 $1,502.19 LAKE REGION VENDING TOBACCO PRODUCTS LIQUOR STORE CUB FOODS
89707 $8,168.21 MARK VII BEER 6/12 PRAIRE VIEW LIQUOR #3
89708 $463.86 MIDWEST COCA COLA BOTTLING COM MISC TAXABLE LIQUOR STORE CUB FOODS
89709 $293.40 NORTH STAR ICE MISC TAXABLE PRAIRIE VILLAGE LIQUOR #1
89710 $3,084.82 PAUSTIS & SONS COMPANY WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1
89711 $229.28 PEPSI COLA COMPANY MISC TAXABLE PRAIRE VIEW LIQUOR #3
89712 $8,851.15 PHILLIPS WINE AND SPIRITS INC MERCHANDISE FOR RESALE • LIQUOR STORE CUB FOODS
• 89716 $875.98 PINNACLE DISTRIBUTING OPERATING SUPPLIES-GENERAL PRAIRE VIEW LIQUOR #3
89717 $1,721.85 PRIOR WINE COMPANY WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1
89718 $4,239.11 QUALITY WINE & SPIRTS CO WINE IMPORTED PRAIRE VIEW LIQUOR #3
89719 $10,227.77 THORPE DISTRIBUTING BEER 6/12 LIQUOR STORE CUB FOODS ,
89720 $407.25 WINE MERCHANTS INC WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1
89721 $19.56 AT&T •
TELEPHONE WATER TREATMENT PLANT
89722 $121.50 BIRDIES MINI GOLF SPECIAL EVENTS FEES SUMMER SKILL DEVELOP
89723 $146.60 CARLISLE PADDLE INC. OTHER EQUIPMENT OUTDOOR CTR PROGRAM
89724 $132.•00 CARLSON, JODY TRAVEL IN SERVICE TRAINING
89725 $5,561.17 CB RICHARD ELLIS UTILITIES PRAIRIE VILLAGE LIQUOR #1
89726 $38.00 CBE OPERATING SUPPLIES-GENERAL COMMUNITY DEVELOPMENT
89727 $1,018.25 ELAN FINANCIAL SERVICES TRAVEL IN SERVICE TRAINING
89728 $2,975.00 ESP SPORTS INC. INSTRUCTOR SERVICE YOUTH ATHLETICS
89729 $82.50 FOX, RUTH OTHER CONTRACTED SERVICES PRESCHOOL PLAYGROUND
89730 $11.57 GAUTSCHE, ASHLEY OPERATING SUPPLIES-GENERAL ACTIVITY CAMP
89731 $234.28 GE CAPITAL RENTALS GENERAL
89732 $305.83 GREAT AMERICAN LEASING CORP. EQUIPMENT RENTAL GENERAL BUILDING FACILITIES
89733 $44.09 HUTCHINS, BRUCE OPERATING SUPPLIES-GENERAL INSPECTION-ADMIN
89734 $53.31 JAROSCH, BECKY MILEAGE AND PARKING ADAPTIVE RECREATION
89735 $38.35 KLUTE, JOEL MILEAGE AND PARKING CONCESSIONS
89736 $79.63 KRESS, CARLA MILEAGE AND PARKING ADAPTIVE RECREATION
89737 $100.69 MANN, TRIA MILEAGE AND PARKING SPECIAL EVENTS ADMINISTRATIVE
89738 $105.00 MCDONALDS SPECIAL EVENTS FEES DAY CAMP
89739 $800.00 MEDICINE LAKE TOURS OPERATING SUPPLIES-GENERAL ADULT PROGRAM
89740 $110.00 METRO SALES INCORPORATED* OFFICE SUPPLIES GENERAL
89741 $750.00 RCL INC. OTHER CONTRACTED SERVICES STARING LAKE CONCERT
89742 $14.45 SCHMIDTLEIN, KATE OPERATING SUPPLIES-GENERAL AFTERNOON PLAYGROUND
89743 $30.88 SYVERSON, JENNIFER MILEAGE AND PARKING ADAPTIVE RECREATION
89744 $11.65 PARAGON CABLE CABLE TV COMMUNITY SERVICES
89745 $728.77 US WEST COMMUNICATIONS TELEPHONE POLICE
89746 $66.63 WEEDMAN, NICOLE MILEAGE AND PARKING PROGRAM SUPERVISOR
89747 $40.00 WINE SPECTATOR DUES & SUBSCRIPTIONS LIQUOR STORE CUB FOODS
89748 $125.45 WRIGHT, IRENE MILEAGE AND PARKING COMMUNITY DEVELOPMENT
89749 $87.00 BCA CJIS ID UNIT PROFESSIONAL SERVICES FINANCE DEPT
89750 $350.00 BCA/TRAINING & DEVELOPMENT SCHOOLS POLICE
89751 $70.25 BINS, JILL BUILDING PERMIT FD 10 ORG
89752 $30.00 BOYD, DAWN ADULT/YOUTH/OUTDOOR CTR PROG YOUTH TENNIS
89753 $70.00 BROWN, SHELLY SPECIAL COMMUNITY EVENTS ADAPTIVE RECREATION
89754 $35.00 CARNES, SANDRA ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP
89755 $35.00 CHAVEZ, GAIL ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP
89756 $142.23 CONNEY SAFETY PRODUCTS SAFETY SUPPLIES EQUIPMENT MAINTENANCE
89757 $30.00 DOUGHERTY, BARBARA ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP
89758 $22.00 EIDEM, KRIS ADULT/YOUTH/OUTDOOR CTR PROG YOUTH TENNIS
89759 $18.00 GEIS, ROB CLOTHING & UNIFORMS POLICE
1,
COUNCIL CHECK REGISTER 10-AUG-2000 (15
CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM
89760 $92.00 HAYES, KRISTI ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP
89761 $79.62 HENNEPIN COUNTY TREASURER WASTE DISPOSAL PARK MAINTENANCE
89762 $642.47 HENNEPIN COUNTY WASTE DISPOSAL PARK MAINTENANCE
89763 $540.00 HENNEPIN TECHNICAL COLLEGE SCHOOLS POLICE
89764 $100.00 HUTCHINSON, CITY OF RENTALS • POLICE
89765 $64.00 HYSJULIEN, TRACEY LESSONS/CLASSES POOL LESSONS
89766 $150.00 IAFCI SCHOOLS POLICE
89767 $121.76 ICI DULUX PAINT CTRS OPERATING SUPPLIES-GENERAL PARK MAINTENANCE
89768 $30.00 KOKESH, ELIZABETH ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP
89769 $44.00 LATTIMORE, GERALDINE ADULT/YOUTH/OUTDOOR CTR PROG YOUTH TENNIS
89770 $25.00 LEAGUE OF MINNESOTA CITIES OPERATING SUPPLIES-GENERAL PARK MAINTENANCE
89771 $500.00 LINDAHL, DAVID OTHER CONTRACTED SERVICES STARING LAKE CONCERT
89772 $122.49 LINDGREN, JIM CLOTHING & UNIFORMS POLICE
89773 $120.00 LINDQUIST & VENNUM PLLP PAYING AGENT HRA 2ND SHEET ICE
89774 $30.00 LINK, HOLLY ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP
89775 $195.00 MINNESOTA CLE SCHOOLS POLICE
89776 $30.00 MONTGOMERY, FINLEY ' ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP
89777 $7.70 MUELLER, CYNTHIA TELEPHONE COMMUNITY CENTER ADMIN
89778 $450.00 MUHLHAUSER, WENDY INSTRUCTOR SERVICE PRESCHOOL EVENTS
89779 $30.00 MYERS, JODI ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP
89780 $35.00 PETERSON, JENNIFER ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP
89781 $41.27 PORTA, KITTY MILEAGE AND PARKING CITY MANAGER
89782 $3,315.08 RICHFIELD, CITY OF MACHINERY EQUIPMENT P/W REVOLVING FUND
89783 $98.94 RIGID HITCH INCORPORATED OPERATING SUPPLIES-GENERAL PARK MAINTENANCE
89784 $15.00 RUE, RODNEY MISCELLANEOUS ENGINEERING DEPT
89785 $1/5.00 SCHMIDT, COLIN LICENSES & TAXES ASSESSING-ADMIN
89786 $19.50 SCHOLTZ, JILL LESSONS/CLASSES POOL LESSONS
89787 $146.88 SOUTHWEST SUBURBAN PUBLISHING- EMPLOYMENT ADVERTISING HUMAN RESOURCES
89788 $21.90 STAR TRIBUNE MISC NON-TAXABLE PRAIRE VIEW LIQUOR #3
89789 $30.00 STEWART, MARGARET ADULT/YOUTH/OUTDOOR CTR PROG YOUTH TENNIS
89790 $22.00 STUBBINS, JANE ADULT/YOUTH/OUTDOOR CTR PROG YOUTH TENNIS
89791 $30.00 SUMMERS, PATRICIA ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP
89792 $29.00 TOMLINSON, TERRI LESSONS/CLASSES POOL LESSONS
89793 $400.00 UNIVERSITY OF MINNESOTA SCHOOLS POLICE
89794 $220.97 UNLIMITED SUPPLIES INC EQUIPMENT PARTS EQUIPMENT MAINTENANCE
89795 $3,256.46 US WEST COMMUNICATIONS • TELEPHONE WATER UTILITY-GENERAL
89796 $208.50 VALLEY PLUMBING PLUMBING PERMIT FD 10 ORG
89797 $28.34 VAUGHAN, BRYAN MILEAGE AND PARKING RILEY LAKE-BEACH
89798 $70.00 VEITH, MICHELLE SPECIAL COMMUNITY EVENTS ADAPTIVE RECREATION
89799 $70.00 VERDON, CHRISTINE SPECIAL COMMUNITY EVENTS ADAPTIVE RECREATION
89800 $79.00 WEST GROUP DUES & SUBSCRIPTIONS WATER UTILITY-GENERAL
89801 $30.00 WILLIAMS, LORRAINE .ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP
89802 $450.00 MUHLHAUSER, WENDY INSTRUCTOR SERVICE PRESCHOOL EVENTS
89803 $1,233.62 ANCHOR PAPER COMPANY OFFICE SUPPLIES GENERAL
89804 $155.92 CARLISLE PADDLE INC. INSTRUCTOR SERVICE PRESCHOOL EVENTS
89805 $200.00 CARVER COUNTY SHERIFF'S DEPT. DEPOSITS ESCROW
89806. $3,929.42 CEMSTONE ASPHALT OVERLAY STREET MAINTENANCE
89807 • $174.92 GUNNAR ELECTRIC CO INC CONTRACTED EQUIP REPAIR MILLER PARK
89808 $258.53 J H LARSON ELECTRICAL•COMPANY REPAIR & MAINT SUPPLIES EP CITY CTR OPERATING COSTS
89809 $2,619.29 KMC TELECOM TELEPHONE GENERAL
89810 $31,894.50 LEAGUE OF MINNESOTA CITIES INS WORKMANS COMP INS BENEFITS
89811 $29.86 MERLINS ACE HARDWARE REPAIR & MAINT SUPPLIES EPCC MAINTENANCE
89812 $6.75 MINNEGASCO GAS DOUGLAS/MORE HOUSE
89813 $58.52 SUBWAY MISCELLANEOUS PROGRAM SUPERVISOR
89814 $70.86 TROUP, JENNA MILEAGE AND PARKING TEEN WORK PROGRAM
COUNCIL CHECK REGISTER 10-AUG-2000 (15
CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM
89815 $233.28 US WEST COMMUNICATIONS TELEPHONE OUTDOOR CENTER-STARING LAKE
89816 $170.00 USTA SPECIAL EVENTS FEES YOUTH TENNIS
89817 $114.77 WASTE MANAGEMENT-SAVAGE MN WASTE DISPOSAL LIQUOR STORE CUB FOODS
89818 $75.00 DAIRY QUEEN OPERATING SUPPLIES-GENERAL . SPORTS/SPECIAL CAMPS
89819 $239.00 FISK, APRIL OTHER CONTRACTED SERVICES VOLLEYBALL
89820 $213.55 PETTY CASH CASH OVER/SHORT • FD 10 ORG
89821 $1,945.25 CEMSTONE ASPHALT OVERLAY STREET MAINTENANCE
89822 $87.10 CRACADER, CLIFF MILEAGE AND PARKING EQUIPMENT MAINTENANCE
89823 $177.19 ELWELL, JEFF TRAVEL IN SERVICE TRAINING
89824 $885.00 GENESIS TRAVEL NETWORK TRAVEL AUTO THEFT PREVENTION GRANT
89825 $480.00 IAAO CONFERENCE IN SERVICE TRAINING
89826 $337.19 KLUTE, JOEL TRAVEL IN SERVICE TRAINING
89827 $150.00 MIAMA CONFERENCE IN SERVICE TRAINING
89828 $800.00 MINNEAPOLIS GOSPEL SOUND OTHER CONTRACTED SERVICES STARING LAKE CONCERT
89829 $138.44 MOSMAN, JAN OPERATING SUPPLIES-GENERAL SPECIAL EVENTS ADMINISTRATIVE
89830 $500.00 NORDIN, CHRISTINE A. OTHER CONTRACTED SERVICES STARING LAKE CONCERT
89831 $10.20 QUICKSILVER EXPRESS COURIER POSTAGE GENERAL
89832 $4.38 STAR TRIBUNE MISC NON-TAXABLE PRAIRE VIEW LIQUOR #3
89833 $3,000.00 UNITED STATES POSTAL SERVICE POSTAGE GENERAL
89834 $362.50 VOIGTS BUS COMPANIES TRANSPORTATION ADULT PROGRAM
89835 $330.00 WEATHER WATCH INC OTHER CONTRACTED SERVICES SNOW & ICE CONTROL •
89836 $40.66 WERTS, SANDY MILEAGE AND PARKING REC SUPERVISOR
89837 $17.00 DIAMOND T RANCH SPECIAL EVENTS FEES SPECIAL EVENTS/TRIPS
89838 $100.00 FRANKENSTEIN, LINDA EMPLOYEE AWARD HUMAN RESOURCES
89839 $105.00 MCDONALDS REC EQUIP & SUPPLIES DAY CAMP
89840 $105.00 MCDONALDS REC EQUIP & SUPPLIES DAY CAMP
89841 $650.00 TRICIA & THE TOONS EMPLOYEE AWARD HUMAN RESOURCES
89842 $4,193.51 3M XAZ5340 MISC FIRE EQUIPMENT FIRE
89843 $200.00 ABSOLUTE RAIN INC. GROUNDS MAINTENANCE FIRE STATION #1 '
89844 $604.76 ACTION THREADED PRODUCTS REPAIR & MAINT SUPPLIES WATER TREATMENT PLANT
89845 $160.37 ADOLPHKIEFER REC EQUIP & SUPPLIES POOL LESSONS
89846 $592.50 ALAN SHILEPSKY CONSULTING INC OTHER CONTRACTED SERVICES EQUIPMENT MAINTENANCE
89847 $223.00 ALPHA VIDEO AND AUDIO INC OPERATING SUPPLIES-GENERAL POOL LESSONS
89848 $2,231.77 ALTERNATIVE BUSINESS FURNITURE FURNITURE & FIXTURES FURNITURE ACCOUNT
89849 $26.50 AMERICAN RED CROSS OPERATING SUPPLIES-GENERAL POOL LESSONS
89850 $97.19 ANCHOR PAPER COMPANY OFFICE SUPPLIES GENERAL
89851 $44.47 AQUA ENGINEERING INC REPAIR & MAINT SUPPLIES PARK MAINTENANCE
89852 $1,964.00 ASPEN CARPET CLEANING CONTRACTED BLDG MAINT EP CITY CTR OPERATING COSTS
89853 $63.37 ASPEN EQUIPMENT CO. EQUIPMENT PARTS EQUIPMENT MAINTENANCE
89854 $105.69 AUTO ELECTRIC SPECIALISTS CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE
89855 $213.95 BALDWIN COOKE COMPANY OFFICE SUPPLIES WATER UTILITY-GENERAL
89856 $214.92 BARKSDALE EQUIPMENT PARTS WATER TREATMENT PLANT
89857 $935.50 BARTZ, GERALD OTHER CONTRACTED SERVICES SOFTBALL
89858 $1,760.29 BAUER BUILT TIRE AND BATTERY EQUIPMENT PARTS EQUIPMENT MAINTENANCE
89859 $779.75 BENIEK, BRIAN GROUNDS MAINTENANCE FIRE STATION #2
89860 $988.21 BERGIN AUTO BODY INC CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE
89861 $11,540.41 BIFFS INC WASTE DISPOSAL PARK MAINTENANCE
89865 $35.80 BILL'S GUN SHOP TRAINING SUPPLIES POLICE
89866 $190.27 BLACK & VEATCH PROFESSIONAL SERVICES WATER TREATMENT SLANT
89867 $667.99 BLOOMINGTON LOCK AND SAFE* CONTRACTED BLDG REPAIRS WATER UTILITY-GENERAL
89868 $1,810.00 BLOOMINGTON, CITY OF KENNEL SERVICE ANIMAL WARDEN PROJECT
'89869 $78.00 BRION, ED OTHER CONTRACTED SERVICES SOFTBALL
89870 $437.50 BROWN, PAUL OTHER CONTRACTED SERVICES PARK FACILITIES
89871 $104.65 BRYAN ROCK PRODUCTS INC GRAVEL WATER SYSTEM MAINTENANCE
89872 $69.22 CARIBINER AUDIO VISUAL REC EQUIP & SUPPLIES ATHLETIC COORDINATOR
9
COUNCIL CHECK REGISTER 10-AUG-2000 (15
CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM
89873 $548.56 CARLSON TRACTOR AND EQUIPMENT EQUIPMENT PARTS EQUIPMENT MAINTENANCE
89874 $81.30 CATCO CLUTCH & TRANSMISSION SE EQUIPMENT PARTS EQUIPMENT MAINTENANCE
89875 $6,875.52 CENTRAIRE INC CONTRACTED BLDG MAINT FIRE STATION #3
89876 $160.00 CHAD NESTOR ILLUSTRATION & DES PRINTING ADAPTIVE RECREATION
89877 $602.28 CHANHASSEN BUMPER TO BUMPER EQUIPMENT PARTS EQUIPMENT MAINTENANCE
89879 $51.25 CHRISTIANSON, ELLEN R. OTHER CONTRACTED SERVICES TEEN WORK PROGRAM
89880 $356.78 CLARETS INC EQUIP TESTING & CERTIFICATION SEWER SYSTEM MAINTENANCE
89881 $2,145.00 CLEAN SWEEP INC ASPHALT OVERLAY STREET MAINTENANCE
89882 $36.25 CODY, MATTHEW OTHER CONTRACTED SERVICES TEEN WORK PROGRAM
89883 $1,011.75 CONCRETE CUTTING & CORING INC OPERATING SUPPLIES-GENERAL TRAFFIC SIGNALS
89884 $10.06 CONNEY SAFETY PRODUCTS ' SAFETY SUPPLIES EQUIPMENT MAINTENANCE
89885 $1,445.00 CONVERGENT COMMUNICATIONS INC. TELEPHONE GENERAL
89886 $332.79 COPY EQUIPMENT INC OTHER CONTRACTED SERVICES WATER UTILITY-GENERAL
89887 $5,625.00 CORNERSTONE PROFESSIONAL SERVICES LEGAL COUSEL
89888 $438._06 CORPORATE AUTO RENTALS INC TRANSPORTATION SUMMER SKILL DEVELOP
89889 $2,761.38 CORPORATE EXPRESS OFFICE SUPPLIES GENERAL
89890 $142.50 COUNTRY CLEAN OTHER CONTRACTED SERVICES POLICE-CITY CENTER
89891 $26.28 CROWN MARKING INC OPERATING SUPPLIES-GENERAL EP CITY CTR OPERATING COSTS
89892 $27.99 CUB FOODS EDEN PRAIRIE OPERATING SUPPLIES-GENERAL FIRE
89893 $8,168.32 CUTLER-MAGNER COMPANY CHEMICALS WATER TREATMENT PLANT
89894 $4,941.95 DAHLGREN SHARDLOW AND UBAN DEPOSITS ESCROW
89895 $131.63 DALCO SMALL TOOLS GENERAL BUILDING FACILITIES
89896 $246.64 DEALER AUTOMOTIVE SERVICES INC CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE
89897 $829.35 DECORATIVE DESIGNS INC RENTALS EP CITY CTR OPERATING COSTS
89898 $150.00 DEM CON LANDFILL INC WASTE DISPOSAL PARK MAINTENANCE
89899 $390.00 DESAULNIERS, DAN OTHER CONTRACTED SERVICES SOFTBALL
89900 $1,100.00 DIETHELM, GARY OTHER CONTRACTED SERVICES CEMETERY OPERATION
89901 $281.34 DMX/MINNEAPOLIS OTHER CONTRACTED SERVICES PRAIRE VIEW LIQUOR #3
89902 $2,303.60 DNR. EMBROIDERY AWARDS SOFTBALL
89903 $119.26 DON E WILLIAMS CO REPAIR & MAINT SUPPLIES PARK MAINTENANCE
89904 $3,795.34 DPC INDUSTRIES INC CHEMICALS WATER TREATMENT PLANT
89905 $1,370.35 DRISKILLS NEW MARKET OPERATING SUPPLIES-GENERAL AFTERNOON ADVENTURE
89911 $442.65 DYNA SYSTEMS REPAIR & MAINT SUPPLIES WATER TREATMENT PLANT
89912 , $2,801.98 EARL F ANDERSEN INC FURNITURE & FIXTURES FURNITURE ACCOUNT
89913 $639.89 ECOLAB INC CONTRACTED REPAIR & MAINT EPCC MAINTENANCE
89914 $25.00 EDEN PRAIRIE CHAMBER OF COMMER MISCELLANEOUS IN SERVICE TRAINING
89915 $3,512.00 EKLUNDS TREE AND BRUSH DISPOSA WASTE DISPOSAL TREE REMOVAL
89916 $1,093.00 ELECTRONIC COMMUNICATION SYSTE CONTRACTED EQUIP REPAIR WATER TREATMENT PLANT
89917 $207.00 EMERGENCY APPARATUS MAINTENANC EQUIPMENT TESTING & CERT FIRE
89918 $141.53 ENVIRONMENTAL EQUIPMENT & SERV EQUIPMENT PARTS EQUIPMENT MAINTENANCE
89919 $4,876.00 ERICKSEN ELLISON AND ASSOCIATE DESIGN & CONST RADIO ANTENNA PROJECT
89920 $40.82 EXPRESS MESSENGER SYSTEMS INC POSTAGE GENERAL •
89921 $4,368.47 FACILITY SYSTEMS INC FURNITURE & FIXTURES FURNITURE ACCOUNT
89922 $3,781.00 FAMILY & CHILDRENS SERVICE PROFESSIONAL SERVICES HOUSING, TRANS, & SOC SVC
' 89923 $180.18 FEDEX POSTAGE GENERAL
89924 $276.17 FERRELLGAS MOTOR FUELS ICE ARENA
89925 $398.99 FIBRCOM-MN COMMUNICATIONS WIRELESS COMMUNICATION
89926 $186.09 FILTRATION SYSTEMS REPAIR & MAINT SUPPLIES WATER TREATMENT PLANT
89927 $1,535.00 FINLEY BROS INC •
OTHER CONTRACTED SERVICES HOMEWARD HILLS PARK
89928 $21.60 FINNEGAN, ELLEN OTHER CONTRACTED SERVICES TEEN WORK PROGRAM
89929 $201.44 FISHER SCIENTIFIC OPERATING SUPPLIES-GENERAL WATER TREATMENT PLANT
89930 $395.50 FORD, GARY CONTRACTED EQUIP REPAIR PARK MAINTENANCE
89931 $354.78 G & K SERVICES-MPLS INDUSTRIAL CLEANING SUPPLIES WATER TREATMENT PLANT
89932 $949.89 GARTNER REFRIGERATION & MFG IN REPAIR & MAINT SUPPLIES ICE ARENA
89933 $370.53 GENERAL REPAIR SERVICE EQUIPMENT PARTS WATER TREATMENT PLANT
lD
COUNCIL CHECK REGISTER 10-AUG-2000 (15
CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM
89873 $548.56 CARLSON TRACTOR AND EQUIPMENT EQUIPMENT PARTS EQUIPMENT MAINTENANCE
89874 $81.30 CATCO CLUTCH & TRANSMISSION SE EQUIPMENT PARTS EQUIPMENT MAINTENANCE
89875 $6,875.52 CENTRAIRE INC CONTRACTED BLDG MAINT FIRE STATION #3
89876 $160.00 CHAD NESTOR ILLUSTRATION & DES PRINTING ADAPTIVE RECREATION
89877 $602.28 CHANHASSEN BUMPER TO BUMPER EQUIPMENT PARTS EQUIPMENT MAINTENANCE
89879 $51.25 CHRISTIANSON, ELLEN R. OTHER CONTRACTED SERVICES TEEN WORK PROGRAM
89880 $356.78 CLAREYS INC EQUIP TESTING & CERTIFICATION SEWER SYSTEM MAINTENANCE
89881 $2,145.00 CLEAN SWEEP INC ASPHALT OVERLAY STREET MAINTENANCE
89882 $36.25 CODY, MATTHEW OTHER CONTRACTED SERVICES TEEN WORK PROGRAM
89883 $1,011.75 CONCRETE CUTTING & CORING INC OPERATING SUPPLIES-GENERAL TRAFFIC SIGNALS
89884 $10.06 CONNEY SAFETY PRODUCTS SAFETY SUPPLIES EQUIPMENT MAINTENANCE
89885 $1,445.00 CONVERGENT COMMUNICATIONS INC. TELEPHONE GENERAL
89886 $332.79 COPY EQUIPMENT INC OTHER CONTRACTED SERVICES WATER UTILITY-GENERAL
89887 $5,625.00 CORNERSTONE PROFESSIONAL SERVICES LEGAL COUSEL
89888 $438.06 CORPORATE AUTO RENTALS INC TRANSPORTATION SUMMER SKILL DEVELOP
89889 $2,761.38 CORPORATE EXPRESS OFFICE SUPPLIES GENERAL
89890 $142.50 COUNTRY CLEAN OTHER CONTRACTED SERVICES POLICE-CITY CENTER
89891 $26.28 CROWN MARKING INC OPERATING SUPPLIES-GENERAL EP CITY CTR OPERATING COSTS
89892 $27.99 CUB FOODS EDEN PRAIRIE OPERATING SUPPLIES-GENERAL FIRE
89893 $8,168.32 CUTLER-MAGNER COMPANY CHEMICALS WATER TREATMENT PLANT
89894 $4,941.95 DAHLGREN SHARDLOW AND UBAN DEPOSITS ESCROW
89895 $131.63 DALCO SMALL TOOLS GENERAL BUILDING FACILITIES
89896 $246.64 DEALER AUTOMOTIVE SERVICES INC CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE
89897 $829.35 DECORATIVE DESIGNS INC RENTALS , EP CITY CTR OPERATING COSTS
89898 $150.00 DEM CON LANDFILL INC WASTE DISPOSAL PARK MAINTENANCE
89899 $390.00 DESAULNIERS, DAN OTHER CONTRACTED SERVICES SOFTBALL
89900 $1,100.00 DIETHELM, GARY OTHER CONTRACTED SERVICES CEMETERY OPERATION
89901 $281.34 DMX/MINNEAPOLIS OTHER CONTRACTED SERVICES PRAIRE VIEW LIQUOR #3
89902 $2,303.60 DNR EMBROIDERY AWARDS SOFTBALL
89903 $119.26 DON E WILLIAMS CO REPAIR & MAINT SUPPLIES PARK MAINTENANCE
89904 $3,795.34 DPC INDUSTRIES INC CHEMICALS WATER TREATMENT PLANT
89905 $1,370.35 DRISKILLS NEW MARKET OPERATING SUPPLIES-GENERAL AFTERNOON ADVENTURE
89911 $442.65 DYNA SYSTEMS REPAIR & MAINT SUPPLIES WATER TREATMENT PLANT
89912 $2,801.98 EARL F ANDERSEN INC FURNITURE & FIXTURES FURNITURE ACCOUNT
89913 $639.69 ECOLAB INC CONTRACTED REPAIR & MAINT EPCC MAINTENANCE
89914 $25.00. EDEN PRAIRIE CHAMBER OF COMMER MISCELLANEOUS IN SERVICE TRAINING
89915 $3,512.00 EKLUNDS TREE AND BRUSH DISPOSA WASTE DISPOSAL TREE REMOVAL
89916 $1,093.00 ELECTRONIC COMMUNICATION SYSTE CONTRACTED EQUIP REPAIR WATER TREATMENT PLANT
89917 $207.00 EMERGENCY APPARATUS MAINTENANC EQUIPMENT TESTING & CERT FIRE
89918 $141.53 ENVIRONMENTAL EQUIPMENT & SERV EQUIPMENT PARTS EQUIPMENT MAINTENANCE
89919 $4,876.00 ERICKSEN ELLISON AND ASSOCIATE DESIGN & CONST RADIO ANTENNA PROJECT
89920 $40.82 EXPRESS MESSENGER SYSTEMS INC POSTAGE GENERAL
89921 $4,368.47 FACILITY SYSTEMS INC FURNITURE & FIXTURES FURNITURE ACCOUNT
89922 $3,781.00 FAMILY & CHILDRENS SERVICE PROFESSIONAL SERVICES HOUSING, TRANS, & SOC SVC
89923 $180.18 FEDEX POSTAGE GENERAL
89924 $276.17 FERRELLGAS MOTOR FUELS ICE ARENA
89925 $398.99 FIBRCOM-MN COMMUNICATIONS WIRELESS COMMUNICATION
89926 $186.09 FILTRATION SYSTEMS REPAIR & MAINT SUPPLIES WATER TREATMENT PLANT
89927 $1,535.00 FINLEY BROS INC _ OTHER CONTRACTED SERVICES HOMEWARD HILLS PARK
89928 $21.60 FINNEGAN, ELLEN OTHER CONTRACTED SERVICES TEEN WORK PROGRAM
89929 $201.44 FISHER SCIENTIFIC OPERATING SUPPLIES-GENERAL WATER TREATMENT PLANT
89930 $395.50 FORD, GARY CONTRACTED EQUIP REPAIR PARK MAINTENANCE
89931 $354.78 G & K SERVICES-MPLS INDUSTRIAL CLEANING SUPPLIES WATER TREATMENT PLANT
89932 $949.89 GARTNER REFRIGERATION & MFG IN REPAIR & MAINT SUPPLIES ICE ARENA
89933 $370.53 GENERAL REPAIR SERVICE EQUIPMENT PARTS WATER TREATMENT PLANT
11
COUNCIL CHECK REGISTER 10-AUG-2000 (15
CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM
89934 $841.65 GENUINE PARTS COMPANY REPAIR & MAINT SUPPLIES STORM DRAINAGE
89936 $44.38 GIFFIN, BRANDON OTHER CONTRACTED SERVICES TEEN WORK PROGRAM
89937 $543.00 GIGOWSKI, TOM OTHER CONTRACTED SERVICES VOLLEYBALL
89938 $7.95 GROMOV, TIMOTHY OTHER CONTRACTED SERVICES TEEN WORK PROGRAM
89939 $1,899.75 HACH COMPANY OTHER EQUIPMENT WATER UTILITY-GENERAL
89940 $47.50 HALLS, KELLY OTHER CONTRACTED SERVICES TEEN WORK PROGRAM
89941 $25,195.78 HANSEN THORP PELLINEN OLSON IMPROVEMENT CONTRACTS LINCOLN LANE PAVING
89942 $264.93 HARMON AUTOGLASS CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE
89943 $3,327.00 HAWKINS WATER TREATMENT GROUP CHEMICALS WATER TREATMENT PLANT
89944 $33.75 HEATON, CHELSEA OTHER CONTRACTED SERVICES TEEN WORK PROGRAM
89945 $962.53 HENNEPIN COUNTY SHERIFF'S OFFI BOARD OF PRISONERS SVC POLICE.
89946 $1,212.50 HENNEPIN COUNTY TREASURER OPERATING SUPPLIES-GENERAL COMMUNITY DEVELOPMENT
89947 $1,214.10 HERTZ EQUIPMENT RENTAL CORP EQUIPMENT RENTAL STREET MAINTENANCE
89948 $331.50 HOEN, COREY OTHER CONTRACTED SERVICES SOFTBALL
89949 $664.00 HOLMES, TOM OTHER CONTRACTED SERVICES SOFTBALL
89950 $2,080.00 HONEYWELL INC OTHER CONTRACTED SERVICES WATER TREATMENT PLANT
89951 $277.25 HUMAN SERVICES - EMSOCS OTHER CONTRACTED SERVICES PARK MAINTENANCE
89952 $23.71 HYDROLOGIC •REPAIR & MAINT SUPPLIES • PARK MAINTENANCE
89953 $380.36 IKON OFFICE SOLUTIONS* CONTRACTED REPAIR & MAINT GENERAL
89954 $3,545.15 EDEN PRAIRIE SCHOOL DISTRICT N TRANSPORTATION SPECIAL EVENTS/TRIPS
89955 $238.46 INSTITUTE FOR ENVIRONMENTAL AS PROFESSIONAL SERVICES FIRE STATION #5
89956 $839.64 INTERNATIONAL SUNPRINTS INC CLOTHING & UNIFORMS AFTERNOON PLAYGROUND
89957 $391.40 ITL PATCH CO INC AWARDS SUMMER SAFETY CAMP
89958 $345.33 J H LARSON ELECTRICAL COMPANY REPAIR & MAINT SUPPLIES EP CITY CTR OPERATING COSTS
89959 $302.36 J P COOKE CO, THE OPERATING SUPPLIES-GENERAL ANIMAL WARDEN PROJECT
89960 $10,662.00 J.A. PRICE AGENCY INC. INSURANCE RISK MANAGEMENT
89961 $2,777.02 JANEX INC CLEANING SUPPLIES EPCC MAINTENANCE
89962 $527.18 JOHN HENRY FOSTER MINNESOTA IN CONTRACTED EQUIP REPAIR WATER TREATMENT PLANT
89963 $100.63 JUSTIC, COLE OTHER CONTRACTED SERVICES TEEN WORK PROGRAM
89964 $137.00 KEN ANDERSEN TRUCKING PROFESSIONAL SERVICES ANIMAL WARDEN PROJECT
89965 $800.00 KENNETH COMPANIES INC OTHER CONTRACTED SERVICES CEMETERY OPERATION
89966 $17,133.25 KEYS WELL DRILLING COMPANY IMPROVEMENT CONTRACTS WELL 14 •
89967 $132.39 KINKOS INC OTHER CONTRACTED SERVICES WATER SYSTEM MAINTENANCE
89968 $105.99 KRAEMERS HARDWARE INC OPERATING SUPPLIES-GENERAL PARK MAINTENANCE
89969 $143.47 KUSTOM SIGNALS INC CONTRACTED REPAIR & MAINT POLICE
89970 $211.50 LAKE COUNTRY DOOR CONTRACTED BLDG REPAIRS MAINTENANCE BUILDING
89971 $656.32 LAKELAND FORD TRUCK SALES EQUIPMENT PARTS EQUIPMENT MAINTENANCE
89972 $132.91 LAND CARE EQUIPMENT COMPANY REPAIR & MAINT SUPPLIES PARK MAINTENANCE
89973 $19.50 LAND'S END CORPORATE SALES CLOTHING & UNIFORMS POLICE
89974 $640.00 LANG PAULY GREGERSON AND ROSOW LEGAL SERVICE GOLDEN TRIANGE STUDY
89975 $1,000.00 LASTAVICH, STEVE OTHER CONTRACTED SERVICES 1999 CLG GRANT
89976 $1,105.37 LEMCO HYDRAULICS INC. EQUIPMENT PARTS EQUIPMENT MAINTENANCE
89977 $94.79 LESCO INC LANDSCAPE MTLS & AG SUPPL STORM DRAINAGE
89978 $106.50 LIFE SAFETY SYSTEMS CONTRACTED BLDG REPAIRS MAINTENANCE BUILDING
89979 $761.48 LIGHTNING PRINTING PRINTING TASTE ON PRAIRIE
89980 $6.85 LINHOFF PHOTO & DIGITAL IMAGIN PRINTING HERITAGE PRESERVATION
89981 $115.90 LUBRICATION TECHNOLOGIES INC LUBRICANTS & ADDITIVES EQUIPMENT MAINTENANCE
89982 $332.70 LYNN PEAVEY COMPANY OPERATING SUPPLIES-GENERAL POLICE
89983 $1,402.29 MACQUEEN EQUIPMENT INC EQUIPMENT PARTS EQUIPMENT MAINTENANCE
89984 $1,165.50 MAROTTA, VIC INSTRUCTOR SERVICE SUMMER SKILL DEVELOP
89985 $19,300.00 MASYS CORPORATION COMPUTERS POLICE
89986 $160.00 MATTS AUTO SERVICE INC OTHER CONTRACTED SERVICES STREET MAINTENANCE
89987 $63.48 MCGLYNN BAKERIES MERCHANDISE FOR RESALE CONCESSIONS
89988 $312.00 MCGREGOR, RANDY OTHER CONTRACTED SERVICES SOFTBALL
89989 $1,152.42 MENARDS LANDSCAPE MTLS & AG SUPPL CAPITAL OUTLAY-PARK
la
COUNCIL CHECK REGISTER 10-AUG-2000 (15
CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM
89991 $2,947.47 METRO SALES INCORPORATED* OFFICE SUPPLIES REC SUPERVISOR
89992 $642.60 METROPOLITAN FORD EQUIPMENT PARTS EQUIPMENT MAINTENANCE
89993 $174.00 MICHAEL LYNNS TENNIS SHOP REC EQUIP & SUPPLIES PROGRAM SUPERVISOR
89994 $1,219.02 MIDWEST ASPHALT CORPORATION WASTE BLACKTOP/CONCRETE STREET MAINTENANCE
89995 $48.92 MINNESOTA CONWAY REPAIR & MAINT SUPPLIES EPCC MAINTENANCE
89996 $269.10 MINNESOTA VALVE & FITTING CO. REPAIR & MAINT SUPPLIES WATER TREATMENT PLANT
89997 $1,800.00 MINNESOTA VIKINGS FOOD SERVICE MISCELLANEOUS EP CITY CTR OPERATING COSTS
89998 $171.00 MINTA, HANYA OTHER CONTRACTED SERVICES VOLLEYBALL
89999 $673.96 MOORE MEDICAL CORP SAFETY SUPPLIES FIRE
90000 $81.88 MORAN, RYAN OTHER CONTRACTED SERVICES TEEN WORK PROGRAM
90001 $885.50 MTI DISTRIBUTING CO EQUIPMENT PARTS EQUIPMENT MAINTENANCE
90002 $312.00 MURRAY, JOHN OTHER CONTRACTED SERVICES SOFTBALL
90003 $43.75 MUSTON, JAMES OTHER CONTRACTED SERVICES TEEN WORK PROGRAM
90004 $2,005.80 NATIONWIDE ADVERTISING SERVICE EMPLOYMENT ADVERTISING HUMAN RESOURCES
90005 $5,096.03 NEXUS INFORMATION SYSTEMS COMPUTERS INFORMATION SYSTEM
90006 $5.33 NORTHERN POWER PRODUCTS INC EQUIPMENT PARTS EQUIPMENT MAINTENANCE
90007 $158.05 NORTHERN TOOL & EQUIPMENT CO. EQUIPMENT PARTS WATER TREATMENT PLANT
90008 $719.45 OHLIN SALES OPERATING SUPPLIES-GENERAL WIRELESS COMMUNICATION
90009 $440.99 OLSEN CHAIN & CABLE CO INC REPAIR & MAINT SUPPLIES STORM DRAINAGE
90010 $1,495.26 OUTDOOR ENVIRONMENTS INC OTHER CONTRACTED SERVICES PARK MAINTENANCE
90011 $62.01 PAPER WAREHOUSE PRINTING SUMMER SAFETY CAMP
90012 $244.63 PIONEER RIM & WHEEL CO EQUIPMENT PARTS EQUIPMENT MAINTENANCE
90013 • $513.00 PLEHAL BLACKTOPPING INC EQUIPMENT RENTAL- ROUND LAKE
90014 $255.00 PORT-A-WELDING INC CONTRACTED EQUIP REPAIR PARK MAINTENANCE
90015 $1,260.00 PRAIRIE CYCLE & SKI OPERATING SUPPLIES-GENERAL SUMMER SAFETY CAMP
90016 $18,573.45 PRAIRIE ELECTRIC COMPANY CONTRACTED BLDG REPAIRS FIRE STATION #3 ,
90017 $300.66 PRAIRIE LAWN AND GARDEN- REPAIR & MAINT SUPPLIES PARK MAINTENANCE
90018 $83.20 PRECISION DYNAMICS CORPORATION REC EQUIP & SUPPLIES PROGRAM SUPERVISOR
90019 $1,464.50 PRECISION PAVEMENT MARKING CONTRACTED STRIPING TRAFFIC SIGNS '
90020 $128.00 PRINTERS SERVICE INC REPAIR & MAINT SUPPLIES ICE ARENA
90021 $65.85 PRIORITY COURIER EXPERTS CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE
90022 $106.09 PROTEX INTERNATIONAL CORP. OPERATING SUPPLIES-GENERAL POLICE
90023 $754.50 RAY, LEE OTHER CONTRACTED SERVICES SOFTBALL
90024 $169.43 REGAL CLEANERS CLOTHING & UNIFORMS POLICE
90025 $135.00 RESERVE OFFICER TRAINING ASSOC RESERVE EQUIPMENT POLICE
90026 $6,340.00 RITCEY & O'LOAN ASSOCIATES SCHOOLS FIRE
90027 $42.04 RITZ CAMERA OPERATING SUPPLIES-GENERAL TREE DISEASE
90028 $35,343.99 RMR SERVICES INC OTHER CONTRACTED SERVICES WATER METER REPAIR
90029 $52.85 ROADRUNNER TRANSPORTATION INC CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE
90030 $475.00 ROBICHONS THE IN-LINE SKATE SC OTHER CONTRACTED SERVICES SUMMER SAFETY CAMP
90031 $68.85 ROSENWINKEL, WILL OTHER CONTRACTED SERVICES TEEN WORK PROGRAM
90032 $383.31 S & S WORLDWIDE REC EQUIP & SUPPLIES PROGRAM SUPERVISOR
90033 $5,599.00 S/K WELL & PUMP INSPECTIONS CONTRACTED EQUIP REPAIR WATER WELL #5
. 90034 $105.70 SAFETY-KLEEN EQUIPMENT RENTAL PARK MAINTENANCE
90035 $432.51 SALLY DISTRIBUTORS OPERATING SUPPLIES-GENERAL PRESCHOOL PLAYGROUND
90036 $7.50 SARLES, DAN OTHER CONTRACTED SERVICES TEEN WORK PROGRAM
90037 $264.12 SAVOIE SUPPLY CO INC CLEANING SUPPLIES WATER TREATMENT PLANT
90038 $4,420.00 SENIOR COMMUNITY SERVICES PROFESSIONAL SERVICES HOUSING, TRANS, & SOC SVC
90039 $3,424.74 SHORT ELLIOT HENDRICKSON INC DESIGN & CONST CSAH1 TO HWY 212-LANDSCAPING
90040 '$375.00 SKEESICK, FORREST OTHER CONTRACTED SERVICES SUMMER SKILL DEVELOP
90041 $862.26 SNAP-ON TOOLS SMALL TOOLS EQUIPMENT MAINTENANCE
90042 $6,255.00 SOUTHDALE YMCA YOUTH DEVELOPME PROFESSIONAL SERVICES HOUSING, TRANS, & SOC SVC
90043 $2,426.29 HOPKINS, CITY OF DEPOSITS ESCROW
90044 $921.74 SOUTHWEST SUBURBAN PUBLISHING- LEGAL NOTICES PUBLISHING CITY CLERK
90045 $41.25 SPIEGLE, SARAH OTHER CONTRACTED SERVICES TEEN WORK PROGRAM
13
COUNCIL CHECK REGISTER 10-AUG-2000 (15:
CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM
90046 $74.16 BSN SPORTS* REC EQUIP & SUPPLIES SUMMER SKILL DEVELOP
90047 $4,520.85 SPORTS WORLD USA INC CLOTHING & UNIFORMS SUMMER SAFETY CAMP
• .90048 $272.00 SRF CONSULTING GROUP INC OTHER CONTRACTED SERVICES TRAFFIC SIGNAL-MITCHELL RD
90049 $827.20 STREICHERS CLOTHING & UNIFORMS POLICE
90050 $798.45 SUBURBAN CHEVROLET GEO EQUIPMENT PARTS EQUIPMENT MAINTENANCE
90051 $38.49 SUBURBAN PROPANE MOTOR FUELS EQUIPMENT MAINTENANCE
90052 $1,499.04 SUBURBAN TIRE & AUTO SERVICE I TIRES EQUIPMENT MAINTENANCE -
90053 $346.55 SUNSOURCE/FAUVER CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE
90054 $2,940.00 SWANSON & YOUNGDALE INC • CONTRACTED BLDG REPAIRS WATER TREATMENT PLANT
90055 $174.96 TARGET , OPERATING SUPPLIES-GENERAL OAK POINT SPECIAL EVENTS
90056 $144.45 TESSCO OPERATING SUPPLIES-GENERAL WIRELESS COMMUNICATION
90057 $330.00 TESSMAN SEED CO CHEMICALS PARK MAINTENANCE
90058 $21.25 TORKELSON, JEANETTE OTHER CONTRACTED SERVICES TEEN WORK PROGRAM .
90059 $2,021.05 TOTAL REGISTER COMPUTERS PRAIRE VIEW LIQUOR #3
90060 $784.84 TRANS ALARM INC CONTRACTED REPAIR & MAINT POLICE
90061 $921.23 TRUGREEN LANDCARE GROUNDS MAINTENANCE FIRE STATION #1
90062 $43.88 TWIN CITY OXYGEN CO LUBRICANTS & ADDITIVES EQUIPMENT MAINTENANCE
90063 $71.89 TWIN CITY SEED CO LANDSCAPE MTLS & AG SUPPL OUTDOOR CENTER-STARING LAKE
90064 $474.77 UNIFORMS UNLIMITED CLOTHING & UNIFORMS POLICE
90065 $62.53 UNLIMITED SUPPLIES INC EQUIPMENT PARTS EQUIPMENT MAINTENANCE
90066 $45.24 US FILTER/WATERPRO EQUIPMENT PARTS WATER METER REPAIR
90067 $26.94 US OFFICE PRODUCTS OFFICE SUPPLIES WATER UTILITY-GENERAL
90068 $1,181.25 UTING, BRENDA OTHER CONTRACTED SERVICES COMMUNITY BROCHURE
90069 $179,005.72 VALLEY PAVING INC ASPHALT OVERLAY STREET MAINTENANCE
90070 $389.47 VESSCO INC CONTRACTED EQUIP REPAIR WATER TREATMENT PLANT
90071 $508.00 VIDEO SERVICE OF AMERICA VIDEO SUPPLIES POLICE
90072 $511.56 W W GRAINGER INC EQUIPMENT PARTS EQUIPMENT MAINTENANCE
90073 $747.49 W.E. NEAL SLATE CO. FURNITURE & FIXTURES FURNITURE ACCOUNT
90074 $22.75 WALMART STORES INC TRAINING SUPPLIES POLICE
90075 $345.40 WARNING LITES OF MINNESOTA EQUIPMENT RENTAL STREET MAINTENANCE
90076 $1,332.68 WATER SPECIALITY OF MN INC CHEMICALS POOL MAINTENANCE
90077 $235.59 WATSON CO INC, THE MERCHANDISE FOR RESALE CONCESSIONS
90078 $43.20 WIKLUND, KELLY OTHER CONTRACTED SERVICES TEEN WORK PROGRAM
90079 $56.70 WIVELL, JONATHAN OTHER CONTRACTED SERVICES TEEN WORK PROGRAM
90080 $152.82 WOLF CAMERA INC PHOTO SUPPLIES POLICE
90081 $3,549.20 WORK CONNECTION, THE OTHER CONTRACTED SERVICES PARK MAINTENANCE
90082 $44.73 WORM, SANDY OPERATING SUPPLIES-GENERAL PARK MAINTENANCE
90083 $77.00 WRIGHT LINE INC CONTRACTED REPAIR & MAINT ELECTION
90084 $967.56 YALE INCORPORATED CONTRACTED BLDG REPAIRS WATER TREATMENT PLANT
90085 $396.53 ZIEGLER INC CONTRACTED REPAIR & MAINT POLICE
90086 $166.00 ZOELLNER, MARK OTHER CONTRACTED SERVICES SOFTBALL
$1,662,850.92*
iL
CITY COUNCIL AGENDA
DATE: 08/15/00
SECTION: ORDINANCES AND RESOLUTIONS
ITEM DESCRIPTION: Resolutions authorizing
SERVICE AREA/DIVISION: the Sale and Issuance of Multifamily Housing
Community Development and Revenue Bonds-Lincoln Parc Project ITEM NO.:
Financial Services
Donald R.Uram a. A +
Requested Action
Move to:
1)Approve Resolution authorizing the Sale and Issuance of Senior Multifamily Housing
Revenue Bonds (GNMA Collateralized Mortgage Loan—Lincoln Parc Project), Series 2000A,
and Taxable Multifamily Housing Revenue Bonds (GNMA Collateralized Mortgage Loan—
Lincoln Parc Project), Series 2000B,in the aggregate principal amount of$27,390,000.
2) Approve Resolution authorizing the Sale and Issuance of Multifamily Housing Revenue
Bonds (Lincoln Parc Project), Subordinate Series 2000C and its Multifamily Housing Revenue
Bonds (Lincoln Parc Project), Subordinate Series 2000D, in the aggregate principal amount of
$3,235,000.
Synopsis •
On September 7, 1999, the City Council held a public hearing for the purpose of receiving
comments on the proposed issuance of multifamily housing revenue bonds for the development
of a 186 unit multifamily rental housing project located at 8030 Eden Road. On November 16,
1999 and on April 18, 2000, additional public hearings were held to adopt an amended housing
program. The purpose for amending the housing program was to advise the Council that the
original borrower (Community Housing Corporation of America) had been replaced by Lincoln
Parc Apartments,LLC.No comments were received at any of the public hearings.
Attachments
1. Resolutions (2)
I'
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2000-
RESOLUTION RELATING TO MULTIFAMILY HOUSING
REVENUE BONDS (GNMA COLLATERALIZED MORTGAGE
LOAN—LINCOLN PARC PROJECT), SERIES 2000A,AND
TAXABLE MULTIFAMILY HOUSING REVENUE BONDS
(GNMA COLLATERALIZED MORTGAGE LOAN—LINCOLN
PARC PROJECT), SERIES 2000B; AUTHORIZING THE SALE
AND ISSUANCE OF THE BONDS AND ESTABLISHING THE
SECURITY THEREFOR AND AUTHORIZING THE
EXECUTION OF DOCUMENTS
BE IT RESOLVED by the City Council of the City of Eden Prairie,Minnesota(the
"City"), as follows:
Section 1. Recitals.
1.01. By the provisions of Minnesota Statutes, Chapters 462A and 462C, as amended
(the "Act"),the City is authorized to issue and sell revenue bonds or obligations to make or
purchase loans to finance multifamily housing developments within its boundaries.
1.02. It has been proposed that the City issue its Multifamily Housing Revenue Bonds
(GNMA Collateralized Mortgage Loan—Lincoln Parc Project), Series 2000A, in the aggregate
principal amount of$27,390,000 (the"Series 2000A Bonds"), and its Taxable Multifamily
Housing Revenue Bonds (GNMA Collateralized Mortgage Loan—Lincoln Parc Project), Series
2000B, in the aggregate principal amount of$610,000 (the"Series 2000B Bonds"and,together
with the Series 2000A Bonds,the "Bonds"),to provide funds to finance a Mortgage Loan to
Lincoln Parc Apartments, LLC, a Minnesota limited liability company(the"Borrower").
Proceeds of the Mortgage Loan will be used,together with the proceeds of the City's
Multifamily Housing Revenue Bonds (Lincoln Parc Project), Subordinate Series 2000C and
Series 2000D (the"Subordinate Bonds")being issued concurrently with the Bonds,to finance a
multifamily housing development described in Section 462C.05 of the Act comprising the
acquisition, construction and equipping of a 186-unit multifamily rental housing facility and
incidental facilities, consisting of an approximately 20,000 square foot commercial office/retail
facility, located in the City(the"Project")to be owned by the Borrower. The Project will be
subject to the terms and restrictions contained in the Regulatory Agreement(as hereinafter
defined).
1.03. The Bonds will be secured by fully modified pass-through mortgage-backed
securities issued by the lender referenced in the Financing Agreement(as hereinafter defined)
and guaranteed as to timely payment of principal and interest by the Government National
Mortgage Association.
1.04. Draft forms of the following documents relating to the Bonds have been prepared
and submitted to this Council and are hereby directed to be filed with the City Clerk:
(a) a Financing Agreement(the"Financing Agreement"),proposed to be
entered into by the City,the Borrower,Reilly Mortgage Group,Inc., as lender(the
"Mortgage Lender") and U.S.Bank Trust National Association, as trustee(the
"Trustee");
(b) an Indenture of Trust(the"Indenture"),proposed to be entered into by the
City and the Trustee,relating to the Bonds;
(c) a Bond Purchase Agreement(the"Bond Purchase Agreement"),proposed to
be entered into by the City,the Borrower and Miller& Schroeder Financial, Inc. (the
"Underwriter");
(d) a Regulatory Agreement(the"Regulatory Agreement"),proposed to be
entered into by the City,the Borrower and the Trustee, in respect of the Project; and
(e) an Official Statement(the"Official Statement"), in the form of a
Preliminary Official Statement(the"Preliminary Official Statement"), to be used in
connection with the offer and sale of the Bonds by the Underwriter.
Section 2. Findings.
It is hereby found, determined and declared that:
(a) The financing of the Project,the issuance and sale of the Bonds would further the
housing policies and goals set forth in the Housing Program adopted by the City in connection
with the issuance of the Bonds and the Subordinate Bonds.
(b) The execution and delivery of the Financing Agreement,the Indenture,the
Regulatory Agreement and the Bond Purchase Agreement(the"Bond Documents") and all other
acts and things required under the Constitution and laws of the State of Minnesota to make the
Bond Documents and the Bonds valid and binding special, limited obligations in accordance
with their terms, are authorized by the Act.
(c) It is desirable that the Bonds be issued by the City upon the terms set forth in this
resolution and the Indenture, under the provisions.of which the City grants to the Trustee under
the Indenture a security interest in certain revenues and payments to be received by the City
under the Financing Agreement as security for the payment of the principal of,premium,if any,
and interest on the Bonds.
(d) The payments required to be made to the Trustee pursuant to the Financing
Agreement are fixed,and are required to be revised from time to time as necessary, so as to
produce income and revenue sufficient to provide for prompt payment of principal of and interest
on all Bonds issued under the Indenture when due; and the Financing Agreement also provides
that the Borrower is required to pay all expenses of the operation and maintenance of the Project,
including but without limitation, adequate insurance thereon and insurance against all liability for
injury to persons or property arising from the operation thereof, and all taxes and special
assessments levied upon or with respect to the site of the Project and payable during the term of
the Financing Agreement.
(e) The execution and delivery of the Bond Documents will not conflict with,or
constitute on the part of the City a breach of or a default under, any existing agreement,
indenture,mortgage,lease or other instrument to which the City is subject or is a party or by
which it is bound.
(f) No litigation is pending or,to the best knowledge of the members of this Council,
threatened against the City questioning the organization or boundaries of the City or the right of
any officer of the City to hold his or her office,or in any manner questioning the right and power
of the City to execute and deliver the Bonds, or otherwise questioning the validity of the Bonds
or the execution, delivery or validity of the Bond Documents or questioning the appropriation of
revenues to payment of the Bonds or the right of the City to loan the proceeds of the Bonds to the
Borrower.
(g) All acts and things required under the Constitution and the laws of the State of
Minnesota to make the Bond Documents and the Bonds valid and binding special,limited
obligations of the City in accordance with their terms will have been done upon adoption of this
Resolution and execution of the Bond Documents.
(h) No member of the governing body or other officer or employee of the City is
directly or indirectly interested in the transactions contemplated by the Bond Documents or the
Bonds or any related documents or any contract, agreement or job hereby contemplated to be
entered into or undertaken.
Section 3. Authorization and Approval of Documents. .The City is hereby authorized
to issue the Bonds to provide funds,to be used,with other available funds,to finance certain
costs of the Project and pay costs of issuance of the Bonds, and to pledge and assign the
Financing Agreement and the loan repayments due thereunder, all as provided in the Financing
Agreement and the Indenture. It is acknowledged that the purchase price of the Bonds,the
principal amount of the Bonds,the initial reoffering prices of the Bonds,the maturity schedule of
•
the Bonds,the provisions for redemption of the Bonds and the interest rates on the Bonds have
not been determined as of the date of adoption of this resolution and are not reflected in the
Indenture,the Financing Agreement or the Bond Purchase Agreement. The Mayor or,in the
event of his absence or disability,the City Manager is hereby authorized to approve: (1)the
purchase price of the Bonds; (2)the principal amount of the Bonds(as hereinafter defined);
provided that the aggregate principal amount of the Bonds is not in excess of$28,000,000; and
provided further that said principal amount shall be allocated between the Series 2000A Bonds
and the Series 2000B Bonds in amounts approved by the Borrower; (3)the initial reoffering
prices of the Bonds; (4)the maturity schedule of the Bonds;provided that the Bonds mature at
any time or times in such amount or amounts no later than January 20,2042; (5)the provisions
for redemption of the Bonds; and(6)the interest rates on the Bonds;provided that the weighted
average interest rate on the Series 2000A Bonds shall not exceed 6.65%per annum and on the
Series 2000B Bonds shall not exceed 9.25%per annum. The approval of such officer of the
terms of the Bonds shall be conclusively presumed by the execution of the Bond Purchase
Agreement by authorized officers of the City.
The forms of the Bond Documents and the Bonds referred to in Section 1.04 are
approved, subject to such modifications as are deemed appropriate and approved by the City
Attorney and the Mayor,within the limitations provided in the immediately preceding paragraph,
which approval shall be conclusively evidenced by execution of the Bond Documents by the
Mayor and the City Manager. The Bond Purchase Agreement as so approved is directed to be
executed forthwith in the name and on behalf of the City by the Mayor and the City Manager
following the execution thereof by the Borrower and the Underwriter. The Financing Agreement
and the Regulatory Agreement as so approved are directed to be executed in the name and on
behalf of the City by the Mayor and City Manager upon execution thereof by the Borrower. The
Indenture as so approved is directed to be executed in the name and on behalf of the City by the
Mayor and the City Manager and delivered to the Trustee. Copies of all the documents shall be
delivered, filed or recorded as provided therein. The Mayor,the City Manager and the City
Clerk are also authorized and directed to execute such other instruments as may be required to
give effect to the transactions herein contemplated.
Section 4. Official Statement. The City hereby consents to the use of the Preliminary
Official Statement by the Underwriter in connection with the offer and sale of the Bonds to
potential investors, and consents to the preparation and use of a final Official Statement,in
substantially the form of the Preliminary Official. The City has consented to the distribution of
the Official Statement,but did not prepare the Official Statement, and has not reviewed the
financial disclosures of the Borrower or approved any information or statements contained in the
Official Statement or the Appendices thereto and assumes no responsibility for the sufficiency,
completeness or accuracy of the same. The City Manager is authorized to deem the Preliminary
Official Statement"final"as of their respective dates for purposes of SEC Rule 15c2-12.
5
Section 5. The Bonds.
5.01. In anticipation of the receipt of the loan repayments from the Borrower,the City
shall proceed forthwith to issue its Bonds in two series to be designated"Multifamily Housing
Revenue Bonds(GNMA Collateralized Mortgage Loan—Lincoln Parc Project), Series 2000A"
and"Taxable Multifamily Housing Revenue Bonds(GNMA Collateralized Mortgage Loan—
Lincoln Parc Project), Series 2000B",respectively,in the form and upon the terms set forth in the
Indenture or established pursuant to this resolution.
5.02. The Mayor and the City Manager are authorized and directed to prepare and
execute the Bonds as prescribed herein and in the Indenture and to deliver them to the Trustee,
together with a certified copy of this resolution,the other documents required in the Indenture,
and such other certificates, documents and instruments as may be appropriate to effect the
transactions herein contemplated. The Trustee is hereby appointed authenticating agent for the
Bonds pursuant to Minnesota Statutes, Section 475.55, Subdivision 1.
Section 6. Modifications,Absence of Officers. The approval hereby given to the
various documents referred to above includes an approval of such modifications thereto,
deletions therefrom and additions thereto as may be necessary and appropriate and approved by
the City Attorney and the City Manager prior to the execution of the documents. The execution
of any instrument by the appropriate officer or officers of the City herein authorized shall be
conclusive evidence of the approval of such documents in accordance with the terms hereof. In
the absence or disability of the Mayor, any of the documents authorized by this resolution to be
executed,may be executed by the acting Mayor and in the absence or disability of the City
Manager by such officer of the City who, in the opinion of the City Attorney,may execute such
documents.
Section 7. Authentication of Proceedings.The Mayor,the City Manager,the City
Clerk and other officers of the City are authorized and directed to furnish to the Underwriter and
bond counsel certified copies of all proceedings and records of the City relating to the Bonds,
and such other affidavits and certificates as may be required to show the facts relating to the
legality and marketability of the Bonds as such facts appear from the books and records in the
officers' custody and control or as otherwise known to them; and all such certified copies,
certificates and affidavits,including any heretofore furnished, shall constitute representations of
the City as to the truth of all statements of fact contained therein.
Section 8. Limitations of the City's Obligations. Notwithstanding anything contained
in the Bonds or the Bond Documents,the Bonds shall not constitute a debt of the City within the
meaning of any constitutional or statutory limitation, and shall not be payable from nor charged
upon any funds of the City other than the revenues specifically pledged to the payment thereof
pursuant to the Bond Documents,and no holder of the Bonds shall ever have the right to compel
any exercise of the taxing power of the City to pay the Bonds or the premium,if any,or interest
thereon, or to enforce payment thereof against any property of the City other than those rights
and interests of the City which have been pledged to the payment thereof pursuant to the Bond
Documents. The agreement of the City to perform the covenants and other provisions contained
in this resolution or the Bonds or the Bond Documents shall be subject at all times to the
availability of the revenues furnished by the Borrower sufficient to pay all costs of such
performance or the enforcement thereof, and the City shall not be subject to any personal or
pecuniary liability thereon.
Passed this 15th day of August, 2000.
Jean L. Harris,Mayor
Attest:
Kathleen Porta, City Clerk
CITY OF EDEN PRAIRIE,MINNESOTA
HENNEPIN COUNTY
RESOLUTION NO. 2000-
RESOLUTION RELATING TO MULTIFAMILY HOUSING
REVENUE BONDS (LINCOLN PARC PROJECT),
SUBORDINATE SERIES 2000C AND SERIES 2000D;
AUTHORIZING THE SALE AND ISSUANCE OF THE BONDS
AND ESTABLISHING THE SECURITY THEREFOR AND
AUTHORIZING THE EXECUTION OF DOCUMENTS
BE IT RESOLVED by the City Council of the City of Eden Prairie,Minnesota(the
"City"), as follows:
Section 1. Recitals.
1.01. By the provisions of Minnesota Statutes, Chapters 462A and 462C, as amended
(the "Act"),the City is authorized to issue and sell revenue bonds or obligations to make or
purchase loans to finance multifamily housing developments within its boundaries.
• 1.02. It has been proposed that the City issue its Multifamily Housing Revenue Bonds
(Lincoln Parc Project), Subordinate Series 2000C (the"Series 2000C Bonds") and its
Multifamily Housing Revenue Bonds (Lincoln Parc Project), Subordinate Series 2000D (the
"Series 2000D Bonds" and,together with the Series 2000C Bonds,the "Bonds"),in the
aggregate principal amount of$3,235,000 and loan the proceeds to Lincoln Parc Apartments,
LLC, a Minnesota limited liability company(the"Borrower")which funds, together with the
proceeds of the City's Multifamily Housing Revenue Bonds (GNMA Collateralized Mortgage
Loan—Lincoln Parc Project), Series 2000A and Taxable Multifamily Housing Revenue Bonds
(GNMA Collateralized Mortgage Loan—Lincoln Parc Project), Series 2000B (the"Senior
Bonds")proposed to be issued concurrently with the Bonds,will be used to finance the
acquisition, construction and equipping of a 186-unit multifamily rental housing facility and
incidental facilities, consisting of an approximately 20,000 square foot commercial office/retail
facility, located in the City(the"Project"). The Project will be owned by the Borrower.
1.03. The City will grant a security interest in certain revenues and payments to be
received by the City under the Subordinate Loan Agreement(as hereinafter defined)to the
Trustee(as hereinafter defined). The Series 2000C Bonds will be secured by the provisions of a
Subordinate Combination Mortgage, Security Agreement and Fixture Financing Statement made
by the Borrower in favor of the Trustee(the"Subordinate Mortgage).
1.04. Draft forms of the following documents relating to the Bonds have been prepared
and submitted to this Council and are hereby directed to be filed with the City Clerk:
(a) a Subordinate Loan Agreement(the"Subordinate Loan Agreement"),
proposed to be entered into by the City and the Borrower;
(b) a Subordinate Indenture of Trust(the"Subordinate Indenture"),proposed to
be entered into by the City and the Trustee,relating to the Bonds; and
(c) the Subordinate Mortgage.
Section 2. Findings.
It is hereby found, determined and declared that:
(a) The financing of the Project,the issuance and sale of the Bonds would further the
housing policies and goals set forth in the Housing Program adopted by the City in connection
with the issuance of the Bonds and the Senior Bonds.
(b) The execution and delivery of the Subordinate Loan Agreement,the Subordinate
Indenture and the Subordinate Mortgage(the"Bond Documents") and all other acts and things
required under the Constitution and laws of the State of Minnesota to make the Bond Documents
and the Bonds valid and binding special, limited obligations in accordance with their terms, are
authorized by the Act.
(c) It is desirable that the Bonds be issued by the City upon the terms set forth in this
resolution and the Subordinate Indenture,under the provisions of which the City grants to the
Trustee under the Subordinate Indenture a security interest in certain revenues and payments to
be received by the City under the Subordinate Loan Agreement as security for the payment of the
principal of,premium, if any, and interest on the Bonds.
(d) The payments required to be made to the Trustee pursuant to the Subordinate Loan
Agreement are fixed, and are required to be revised from time to time as necessary, so as to
produce income and revenue sufficient to provide for prompt payment of principal of and interest
on all Bonds issued under the Subordinate Indenture when due; and the Subordinate Loan
Agreement also provides that the Borrower is required to pay all expenses of the operation and
maintenance of the Project, including but without limitation, adequate insurance thereon and
insurance against all liability for injury to persons or property arising from the operation thereof,
and all taxes and special assessments levied upon or with respect to the site of the Project and
payable during the term of the Subordinate Loan Agreement.
(e) The execution and delivery of the Bond Documents will not conflict with, or
constitute on the part of the City a breach of or a default under, any existing agreement,
indenture,mortgage, lease or other instrument to which the City is subject or is a party or by
which it is bound.
9
(f) No litigation is pending or,to the best knowledge of the members of this Council,
threatened against the City questioning the organization or boundaries of the City or the right of
any officer of the City to hold his or her office,or in any manner questioning the right and power
of the City to execute and deliver the Bonds, or otherwise questioning the validity of the Bonds
or the execution, delivery or validity of the Bond Documents or questioning the appropriation of
revenues to payment of the Bonds or the right of the City to loan the proceeds of the Bonds to the
Borrower.
(g) All acts and things required under the Constitution and the laws of the State of
Minnesota to make the Bond Documents and the Bonds valid and binding special, limited
obligations of the City in accordance with their terms will have been done upon adoption of this
Resolution and execution of the Bond Documents.
(h) No member of the governing body or other officer or employee of the City is
directly or indirectly interested in the transactions contemplated by the Bond Documents or the
Bonds or any related documents or any contract, agreement or job hereby contemplated to be
entered into or undertaken.
Section 3. Authorization and Approval of Documents. The City is hereby authorized
to issue the Bonds to provide funds,to be used,with other available funds, to finance certain
costs of the Project and pay costs of issuance of the Bonds, and to pledge and assign the
Subordinate Loan Agreement and the loan repayments due thereunder, all as provided in the
Subordinate Loan Agreement and the Subordinate Indenture. It is acknowledged that the
purchase price of the Bonds,the principal amount of the Bonds,the maturity schedule of the
Bonds,the provisions for redemption of the Bonds and the interest rates on the Bonds have not
been determined as of the date of adoption of this resolution and are not reflected in the
Subordinate Indenture or the Subordinate Loan Agreement. The Mayor or, in the event of his
absence or disability,the City Manager is hereby authorized to approve: (1)the purchase price of
the Bonds; (2)the principal amount of the Bonds (as hereinafter defined); provided that the
aggregate principal amount of the Bonds is not in excess of$3,235,000; and provided further that
the Subordinate Indenture, as finally executed shall allocate such principal amount between the
Series 2000C Bonds and the Series 2000D Bonds in amounts approved by the Borrower; (3)the
maturity schedule of the Bonds;provided that the Bonds mature at any time or times in such
amount or amounts no later than January 20, 2042; (4)the provisions for redemption of the
Bonds; and(5)the interest rates on the Bonds;provided that the weighted average interest rate on
the Bonds shall not exceed 9.00%per annum. The approval of such officer of the terms of the
Bonds shall be conclusively presumed by the execution of the Subordinate Indenture by
authorized officers of the City.
The forms of the Bond Documents and the Bonds referred to in Section 1.04 are
approved, subject to such modifications as are deemed appropriate and approved by the City
Attorney and the Mayor,within the limitations provided in the immediately preceding paragraph,
which approval shall be conclusively evidenced by execution of the Bond Documents by the
Mayor and the City Manager. The Subordinate Loan Agreement as so approved is directed to be
executed in the name and on behalf of the City by the Mayor and City Manager upon execution
thereof by the Borrower. The Subordinate Indenture as so approved is directed to be executed in
the name and on behalf of the City by the Mayor and the City Manager and delivered to the
Trustee. Copies of all the documents shall be delivered, filed or recorded as provided therein.
The Mayor, the City Manager and the City Clerk are also authorized and directed to execute such
other instruments as may be required to give effect to the transactions herein contemplated.
Section 4. The Bonds.
4.01. In anticipation of the receipt of the loan repayments from the Borrower,the City
shall proceed forthwith to issue its Bonds in two series to be designated"Multifamily Housing
Revenue Bonds (Lincoln Parc Project), Subordinate Series 2000C" and"Multifamily Housing
Revenue Bonds (Lincoln Parc Project), Subordinate Series 2000D",respectively, in the form and
upon the terms set forth in the Subordinate Indenture or established pursuant to this resolution.
4.02. The Mayor and the City Manager are authorized and directed to prepare and
execute the Bonds as prescribed herein and in the Subordinate Indenture and to deliver them to
the Trustee, together with a certified copy of this resolution,the other documents required in the
Subordinate Indenture, and such other certificates, documents and instruments as may be
appropriate to effect the transactions herein contemplated. The Trustee is hereby appointed
authenticating agent for the Bonds pursuant to Minnesota Statutes, Section 475.55,
Subdivision 1.
Section 5. Modifications, Absence of Officers. The approval hereby given to the
various documents referred to above includes an approval of such modifications thereto,
deletions therefrom and additions thereto as may be necessary and appropriate and approved by
the City Attorney and the City Manager prior to the execution of the documents. The execution
of any instrument by the appropriate officer or officers of the City herein authorized shall be
conclusive evidence of the approval of such documents in accordance with the terms hereof. In
the absence or disability of the Mayor, any of the documents authorized by this resolution to be
executed,may be executed by the acting Mayor and in the absence or disability of the City
Manager by such officer of the City who, in the opinion of the City Attorney,may execute such
documents.
Section 6. Authentication of Proceedings. The Mayor, the City Manager,the City
Clerk and other officers of the City are authorized and directed to furnish to the Placement Agent
and bond counsel certified copies of all proceedings and records of the City relating to the
Bonds, and such other affidavits and certificates as may be required to show the facts relating to
the legality and marketability of the Bonds as such facts appear from the books and records in the
officers' custody and control or as otherwise known to them; and all such certified copies,
certificates and affidavits,including any heretofore furnished, shall constitute representations of
the City as to the truth of all statements of fact contained therein.
7'
II
Section 7. Limitations of the City's Obligations. Notwithstanding anything contained
in the Bonds or the Bond Documents,the Bonds shall not constitute a debt of the City within the
meaning of any constitutional or statutory limitation, and shall not be payable from nor charged
upon any funds of the City other than the revenues specifically pledged to the payment thereof
pursuant to the Bond Documents, and no holder of the Bonds shall ever have the right to compel
any exercise of the taxing power of the City to pay the Bonds or the premium,if any, or interest
thereon, or to enforce payment thereof against any property of the City other than those rights
and interests of the City which have been pledged to the payment thereof pursuant to the Bond
Documents. The agreement of the City to perform the covenants and other provisions contained
in this resolution or the Bonds or the Bond Documents shall be subject at all times to the
availability of the revenues furnished by the Borrower sufficient to pay all costs of such
performance or the enforcement thereof, and the City shall not be subject to any personal or
pecuniary liability thereon.
Passed this 15th day of August,2000.
Jean L. Harris,Mayor
Attest:
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA
DATE: 08/15/00
SECTION: ORDINANCES AND RESOLUTIONS
ITEM DESCRIPTION:Resolution authorizing
SERVICE AREA/DIVISION: Note and Mortgage between Lincoln Parc
Community Development and Apartments,LLC, and the City of Eden Prairie ITEM NO.:
Financial Services
Donald R.Uram
Requested Action
Move to:
1)Approve Resolution authorizing Note and Mortgage between Lincoln Parc Apartments,LLC.
and the City of Eden Prairie in the aggregate principal amount of$947,328
Synopsis
To assist Lincoln Parc Apartments, LLC, (Mortgagor) in the financing of a 186 unit multifamily
rental housing project located at 8030 Eden Road (Lincoln Parc project), the City has agreed to
provide a $947,328 loan to the Mortgagor. The proposed mortgage is to repay the City's issuer
fee which is calculates as 1/8 if 1% of the outstanding principal amount of the bonds issued by
the City. For this project, the total bond issue is $31,235,000. A note is required because the
issuer fee that is typically included in the Bond Indenture has not been included. Based on HUD
financing criteria, including the City's issuer fee in the Senior Multifamily Housing Revenue
Bonds (Series A and B)note would negatively impact the project. The City prefers including the
issuer fee in the bond indenture since the trustee guarantees the payment of the fee. To complete
this project in a timely manner, Staff is recommending that the City accept a subordinate position
to the Series A and B Bonds. Repayment of the note will come from surplus funds generated by
the project. Staff has reviewed the project pro-forma provided by the developer. Based on this
information, it appears that the project generates sufficient surplus cash to repay the note.
Attachments
1. Resolution
RESOLUTION NO.
RESOLUTION RELATING TO MULTIFAMILY HOUSING
REVENUE BONDS SERIES 2000 A,B, C, and D AND
AUTHORIZING THE EXECUTION OF DOCUMENTS
BE IT RESOLVED by the City Council of the City of Eden Prairie,Minnesota(the
"City"), as follows:
Section 1. Recitals.
1.01. By the provisions of Minnesota Statutes, Chapters 462A and 462C, as amended
(the"Act"), the City is authorized to issue and sell revenue bonds or obligations to make or
purchase loans to finance multifamily housing developments within its boundaries.
1.02. It has been proposed that the City issue its Multifamily Housing Revenue Bonds
(GNMA Collateralized Mortgage Loan—Lincoln Parc Project), Series 2000A,B, C, and D (the
Bonds)to provide funds to finance a Mortgage Loan to Lincoln Parc Apartments,LLC, a
Minnesota limited liability company(the"Borrower"). Proceeds of the Mortgage Loan will be
used to finance a multifamily housing development described in Section 462C.05 of the Act
comprising the acquisition, construction and equipping of a 186-unit multifamily rental housing
facility and incidental facilities, consisting of an approximately 20,000 square foot commercial
office/retail facility,located in the City(the"Project")to be owned by the Borrower. The Project
will be subject to the terms and restrictions contained in the Regulatory Agreement(as defined in
Resolution 2000- ).
1.03. The Series A and B Bonds will be secured by fully modified pass-through
mortgage-backed securities issued by the lender referenced in the Financing Agreement(as
defined in Resolution 2000- ) and guaranteed as to timely payment of principal and interest by
the Government National Mortgage Association.
1.04 It has been proposed that the Borrower pay the City administrative fee(1/8 of
1% on the outstanding principal amount of the Bonds)by making a lump sum payment of
$200,000 at the time of closing on the Bonds and that the remainder of the fee($947,328)be paid
semi-annually as provided in the Promissory Note as hereinafter defined. It has been further
proposed that the Borrowers issue its Promissory Note in the amount of $947,328 (hereinafter
the Note) and that the Note be secured by a second mortgage (hereinafter the Second Mortgage)
on the Project property second only to the mortgage securing payment of the Series A and B
Bonds. The Note and Second Mortgage are to be coordinate and equal in status to the
Community Development Block Grant(CDBG)Note and CDBG Mortgage granted by Hartford
Associates, LLC to the City in the amount of$200,000.00 for repayment of a CDBG loan from
the City to the Hartford Associates,LLC..
1.05. Draft forms of the Note and Second Mortgage have been prepared and submitted
to this Council and are hereby directed to be filed with the City Clerk:
Section 2. Authorization and Approval of Documents.
2.01 The forms of the Note and Second Mortgage referred to in Section 1.05 are
approved, subject to such modifications as are deemed appropriate and approved by the City
Attorney and the Mayor,within the limitations provided in the immediately preceding paragraph,
which approval shall be conclusively evidenced by acceptance of the Note and Second Mortgage
by the Mayor and the City Manager. The Mayor,the City Manager and the City Clerk are also
authorized and directed to execute such instruments as may be required to give effect to the
transactions herein contemplated.
Section 3. Modifications,Absence of Officers.
The approval hereby given to the various documents referred to above includes an approval of '
such modifications thereto, deletions therefrom and additions thereto as may be necessary and
appropriate and approved by the City Attorney and the City Manager prior to the acceptance and
or execution of the documents. The approval hereby given to the various documents referred to
above includes an approval of such modifications thereto, deletions therefrom and additions
thereto as may be necessary and appropriate and approved by the City Attorney and the City
Manager prior to the acceptance and or execution of the documents. The acceptance and or
execution of any instrument by the appropriate officer or officers of the City herein authorized
shall be conclusive evidence of the approval of such documents in accordance with the terms
hereof. t by the appropriate officer or officers of the City herein authorized shall be conclusive
evidence of the approval of such documents in accordance with the terms hereof. In the absence
or disability of the Mayor, any of the documents authorized by this resolution to be executed,
may be executed by the acting Mayor and in the absence or disability of the City Manager by
such officer of the City who, in the opinion of the City Attorney,may execute such documents.
Passed this 15th day of August, 2000.
Mayor •
Attest:
City Clerk
3
CITY COUNCIL AGENDA DATE:
August 15, 2000
SECTION: Consent Calendar
SERVICE AREA/DIVISION: ITEM DESCRIPTION: LC. 99-5491 ITEM NO.:
Engineering Services Award Contract for Cedar Forest Addition �{- e,
Alan D. Gray Improvements
Requested Action
Move to: Award Contract for I.C. 99-5491 (Cedar Forest First Addition Improvements)
to(detail provided at meeting).
Synopsis
Sealed bids will be received on Friday, August 11, 2000. A report of bid results and a
recommendation will be provided at the Council Meeting, Tuesday, August 15, 2000. State
statues require a.biding period of three weeks which results in August 11, 2000 as the earliest
date to receive bids based on this project's schedule. Consideration of the award on August 15,
with hand carried reports can accelerate the start of construction by three weeks. This will be
beneficial to this existing'residential neighborhood.
Attachments
To be presented at the Council meeting.
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