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Home My WebLink AboutCity Council - 09/05/2000 AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, SEPTEMBER 5,2000 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 15,2000 B. CITY COUNCIL MEETING HELD AUGUST 15, 2000 VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. IDLEVIEW OFFICE PARK by 78th Street Properties, LLC. 2nd Reading for Planned Unit Development District Review with waivers on 1.21 acres, Zoning District Amendment within the Office Zoning District on 1.21 acres, and Site Plan Review on 1.21 acres. Location: North of Eden Road on Lake Idlewild. (Ordinance for PUD District Review and Zoning District Amendment and Resolution for Site Plan Review) C. AWARD CONTRACT FOR EMERGENCY VEHICLE PRE-EMPTION SYSTEMS ON EIGHTEEN EXISTING TRAFFIC SIGNALS,I.C.98-5472 D. APPROVE RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT FOR THE BEARPATH ADDITION E. APPROVE AGREEMENT FOR ASSIGNMENT OF PROJECT MANAGEMENT FOR LINCOLN PARC APARTMENT PROJECT CITY COUNCIL AGENDA September 5,2000 Page 2 F. ADOPT RESOLUTION DECLARING THE CITY'S COMMITMENT TO JOIN THE LMC'S "MINNESOTA CITIES: BUILDING QUALITY COMMUNITIES" G. AUTHORIZE THE MAYOR AND CITY MANAGER TO ENTER INTO LEASE WITH PRAIRIE PARTNERS SIX FOR LEASEHOLD EXPANSION AND NEW LEASE FOR LIQUOR STORE AT PRAIRIE VILLAGE MALL VII. PUBLIC HEARINGS/MEETINGS A. PRAIRIE VILLAGE AT DELL ROAD by Rottlund Homes. Request for Guide Plan Change from Low Density Residential to Medium Density Residential on 23.05 acres, Planned Unit Development Concept Review on 23.05 acres, Planned Unit Development District Review with waivers on 23.05 acres, Zoning District Change from Rural to RM-6.5 on 23.05 acres, Site Plan Review on 23.05 acres, and Preliminary Plat of 23.05 acres into 60 lots, 4 outlots, and City Right- of-Way. Location: South of Pioneer Trail at Dell Road. (Resolution for Guide Plan Change, Resolution for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Change, and Resolution for Preliminary Plat) B. BUCA ADDITION by Buca di Beppo, Inc. Request for Planned Unit Development Concept Review on 1.53 acres, Planned Unit Development District Review with waivers on 1.53 acres, Zoning District Amendment in the Community Commercial Zoning District on 1.53 acres, Site Plan Review on 1.53 acres, and Preliminary Plat of 1.53 acres into 1 lot. Location: 7711 Mitchell Road. (Resolution for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Amendment, and Resolution for Preliminary Plat) C. PROPOSED REFUNDING OF PARKWAY APARTMENTS HOUSING REVENUE BONDS (Resolution) D. VACATION 00-08 ADOPT THE RESOLUTION VACATING THE CONSERVATION/ SCENIC, DRAINAGE AND UTILITY EASEMENTS OVER PART OF THE CAM ADDITION (Resolution) E. CABLE FRANCHISE APPLICATIONS 1. Everest Connections Corporation (Resolution) 2. WideOpenWest Minnesota LLC (Resolution) VIII. PAYMENT OF CLAIMS IX. ORDINANCES AND RESOLUTIONS CITY COUNCIL AGENDA September 5,2000 Page 3 A. RESOLUTION CERTIFYING PROPOSED 2001 PROPERTY TAX LEVY., ACCEPTING THE PROPOSED 2001 BUDGET AND SETTING DATE(S) FOR TRUTH-IN-TAXATION HEARINGS) B. RESOLUTION CERTIFYING PROPOSED 2001 LOCAL TRANSIT SERVICES TAX LEVY AND SETTING DATE(S) FOR TRUTH-IN- TAXATION HEARING(S) C. RESOLUTIONS AUTHORIZING THE SALE AND ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS, SERIES 2000A AND SERIES 2000B—LINCOLN PARC PROJECT D. RESOLUTIONS AUTHORIZING THE SALE AND ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS, SERIES 2000C AND SERIES 2000D—LINCOLN PARC PROJECT X. PETITIONS,REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS &COMNIISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Board and Commission Resignations a. Community Program Board (Mary Coffer) b. Board of Adjustments and Appeals (Mary Vasaly) C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR 1. Minnetonka School District Memorandum of Understanding with the City of Eden Prairie 2. Conservation Areas Survey and Management Plan 3. Settler's Ridge Tree Removal and Mitigation Report D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR CITY COUNCIL AGENDA September 5,2000 Page 4 F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY, SEPTEMBER 5,2000 5:00- 6:55 PM, CITY CENTER COUNCIL CHAMBER 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. HUMAN SERVICE PROVIDERS PRESENTATIONS IV. OTHER BUSINESS V. COUNCIL FORUM VI. ADJOURNMENT Human Service Provider Presentations The City currently has contracts with twelve agencies that provide a variety of human services to the community.The City's efforts to address human service needs through service contracts is consistent with the following value statement and strategic initiatives adopted by the City Council in 1997: Value Statement: • We will foster a safe and caring community that welcomes and enhances economic,ethnic,cultural,and life-cycle diversity. Strategic Initiatives: • Partner with the school district to cooperatively develop action plans to address common issues and problems. • Promote and support volunteerism throughout the community. • Reflect our community's diversity and changing demographics in our provision of services and programs. Each agency will provide a brief presentation to the City Council describing their service and the number of clients they serve in Eden Prairie. The presenters will have seven minutes each for their presentation and for questions from the Council.Below is a list of the agencies,the names of the presenters,and the proposed timetable,which includes a two- minute time period between each presentation. The table on the following page provides a brief description of the services provided by each agency,the target population, and the recommended funding level for 2001. Start Agency Service Presenter Time 1. Somali Family Services Mohamed Arab 5:07 2. Eden Prairie Family Center Ada Alden,Director 5:16 3. Eden Prairie Teens Alone Lydia Kihm, Coordinator 5:25 4. Senior Community Services Adele Mehta,Manager 5:34 5. Storefront/Youth Action Beth Fagin 5:43 6. YMCA Detached Worker Yvonne Anderson,Manager 5:52 7. Meals on Wheels Margie Olsen,Director 6:01 8. Episcopal Community Services Mary Keating 6:10 9. Family&Children's Services Roger Grusznski,Director 6:19 10. Henn. South Collaborative Services Liz Van Zomeren,Director 6:28 11. Family Hope Services Paul Murphy/Chris Church 6:37 12. Cornerstone Richard Huber 6:46 Eden Prairie Human Service Providers 2001 Agency/Activity Target Population Service Description Funding 1 Somali Family Somali families Weekly gatherings focusing on adult literacy,community $15,000 Services (immigrants) adjustment,school success,and celebrating Somali culture. 2 Eden Prairie Family Low income children&families Provide parenting classes and other support services $12,800 Center Plus through weekly meetings at Prairie Meadows and (residing at Section 8 apartment Briarhill communities) 3 Teens Alone Youth 10—18&Their Families Crisis intervention and counseling services $8,000 (at risk of or have runaway) 4 Senior Community Adult over 55 Counseling,care management,and outreach services to $23,500 Services frail senior citizens and their families. 5 Storefront Youth Youth 11-18 Variety of counseling,education,and support services $10,000 Action (in juvenile justice,child welfare, chemical dependency or mental health system) 6 YMCA Detached Youth 8-18 Individual and group support&counseling,field trips, $25,000 Youth (at risk youth) team-building activities,service learning projects and others. 7 Meals on Wheels Residents in need of meals Deliver hot nutritious meals to homebound residents who $3,000 are unable to prepare their own meals. 8 Episcopal Single parent families Case management,volunteer recruitment&training,and $35,000 Community referral services. Services (very low-income families residing in Section 8 communities) 9 Family and EP families&individuals Family&individual counseling,violence programs, $14,500 Children's Services (priority given to low income) financial&credit counseling,and referrals for psychiatric medication. 10 Hennepin South All residents Human services research and planning services(formerly $20,963 Collaborative SHeRPA) Services 11 Family Hope Youth 11-18 Counseling with emphasis on prevention through small $9,000 Services (at risk who are in trouble,or headed groups,mentoring,education,activities,service projects, for crisis at home,school,or in the and extended trips. community) 12 Cornerstone All residents Domestic abuse prevention,intervention,and counseling $24,500 Advocacy Service Total $201,263 3 AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, SEPTEMBER 5,2000 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 15,2000 B. CITY COUNCIL MEETING HELD AUGUST 15,2000 VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. IDLEVIEW OFFICE PARK by 78th Street Properties, LLC. 2nd Reading for Planned Unit Development District Review with waivers on 1.21 acres, Zoning District Amendment within the Office Zoning District on 1.21 acres, and Site Plan Review on 1.21 acres. Location: North of Eden Road on Lake Idlewild. (Ordinance for PUD District Review and Zoning District Amendment and Resolution for Site Plan Review) C. AWARD CONTRACT FOR EMERGENCY VEHICLE PRE-EMPTION SYSTEMS ON EIGHTEEN EXISTING TRAFFIC SIGNALS,I.C.98-5472 D. APPROVE RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT FOR THE BEARPATH ADDITION E. APPROVE AGREEMENT FOR ASSIGNMENT OF PROJECT MANAGEMENT FOR LINCOLN PARC APARTMENT PROJECT I CITY COUNCIL AGENDA September 5,2000 Page 2 F. ADOPT RESOLUTION DECLARING THE CITY'S COMMITMENT TO JOIN THE LMC'S "MINNESOTA CITIES: BUILDING QUALITY COMMUNITIES" G. AUTHORIZE THE MAYOR AND CITY MANAGER TO ENTER INTO LEASE WITH PRAIRIE PARTNERS SIX FOR LEASEHOLD EXPANSION AND NEW LEASE FOR LIQUOR STORE AT PRAIRIE VILLAGE MALL VII. PUBLIC HEARINGS/MEETINGS A. PRAIRIE VILLAGE AT DELL ROAD by Rottlund Homes. Request for Guide Plan Change from Low Density Residential to Medium Density Residential on 23.05 acres, Planned Unit Development Concept Review on 23.05 acres, Planned Unit Development District Review with waivers on 23.05 acres, Zoning District Change from Rural to RM-6.5 on 23.05 acres, Site Plan Review on 23.05 acres, and Preliminary Plat of 23.05 acres into 60 lots, 4 outlots, and City Right- of-Way. Location: South of Pioneer Trail at Dell Road. (Resolution for Guide Plan Change, Resolution for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Change, and Resolution for Preliminary Plat) B. BUCA ADDITION by Buca di Beppo, Inc. Request for Planned Unit Development Concept Review on 1.53 acres, Planned Unit Development District Review with waivers on 1.53 acres, Zoning District Amendment in the Community Commercial Zoning District on 1.53 acres, Site Plan Review on 1.53 acres, and Preliminary Plat of 1.53 acres into 1 lot. Location: 7711 Mitchell Road. (Resolution for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Amendment, and Resolution for Preliminary Plat) C. PROPOSED REFUNDING OF PARKWAY APARTMENTS HOUSING REVENUE BONDS (Resolution) D. VACATION 00-08 ADOPT THE RESOLUTION VACATING THE CONSERVATION/ SCENIC, DRAINAGE AND UTILITY EASEMENTS OVER PART OF THE CAM ADDITION (Resolution) E. CABLE FRANCHISE APPLICATIONS 1. Everest Connections Corporation (Resolution) 2. WideOpenWest Minnesota LLC (Resolution) VIII. PAYMENT OF CLAIMS IX. ORDINANCES AND RESOLUTIONS CITY COUNCIL AGENDA September 5,2000 Page 3 A. RESOLUTION CERTIFYING PROPOSED 2001 PROPERTY TAX LEVY, ACCEPTING THE PROPOSED 2001 BUDGET AND SETTING DATE(S) FOR TRUTH-IN-TAXATION HEARING(S) B. RESOLUTION CERTIFYING PROPOSED 2001 LOCAL TRANSIT SERVICES TAX LEVY AND SETTING DATE(S) FOR TRUTH-IN- TAXATION HEARING(S) C. RESOLUTIONS AUTHORIZING THE SALE AND ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS, SERIES 2000A AND SERIES 2000B—LINCOLN PARC PROJECT D. RESOLUTIONS AUTHORIZING THE SALE AND ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS, SERIES 2000C AND SERIES 2000D—LINCOLN PARC PROJECT X. PETITIONS,REQUESTS AND COMMUNICATIONS M. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Board and Commission Resignations a. Community Program Board (Mary Coffer) b. Board of Adjustments and Appeals (Mary Vasaly) C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR 1. Minnetonka School District Memorandum of Understanding with the City of Eden Prairie 2. Conservation Areas Survey and Management Plan 3. Settler's Ridge Tree Removal and Mitigation Report D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR 3 CITY COUNCIL AGENDA September 5,2000 Page 4 F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,AUGUST 15,2000 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, Director of Public Safety Services Jim Clark, Director of Management Services Natalie Swaggert, City Clerk Kitty Porta, Financial Operations Manager, Sue Kotchevar, and Recorder Lorene McWaters I. CALL MEETING TO ORDER—MAYOR JEAN HARRIS Mayor Harris called the meeting to order at 5:20 p.m. II. APPROVAL OF AGENDA III. ELECTION UPDATE City Clerk Kathleen Porta provided an election update, including a demonstration of the new Model 100 voting machine. As soon as the polls close on election night, the election judges will be able to transmit election results to Hennepin County. The real-time results will be posted on the Hennepin County website. Porta will be conducting public accuracy tests and will be testing ballots in each precinct prior to both elections. Porta said she has 83 first-time judges scheduled to work the elections. Student judges will also be used in Eden Prairie during the general election in November. Training for 200 election judges will begin the last week of August. Porta noted that voter registration cards are available online through Hennepin County, including Spanish, Somali and Russian versions. Non-English-speaking voters will also be allowed to bring a helper with them into the voting booth on election day. Porta said absentee voting began on Friday,August 11. The City expects to process about 1,500 absentee ballots for the general election. Porta said the Council has from November 8 through November 14(the week following the general election)to convene and certify the election. 1 COUNCIL WORKSHOP MINUTES August 15,2000 Page 2 IV. YOUTH ON COMMISSIONS Director of Management Services Natalie Swaggert provided an update on youth serving on City Commissions. Ads publicizing the openings for youth on Commissions will be placed in the Sun Current and Eden Prairie News beginning next week. The cutoff for applications is September 22. Swaggert said students will have the opportunity to sit on the Heritage Preservation Commission,the Human Rights and Diversity Citizen Advisory Commission, and the Parks and Recreation Citizen Advisory Commission as non-voting members. The application students fill out is an abbreviated version of the general boards and commissions application. Councilmember Tyra-Lukens asked why students have the opportunity to serve on only . three commissions. Swaggert said these are the commissions that have been well attended by student representatives in the past. Swaggert also noted that the Programming and Planning Boards are in their first year under the reorganized Boards and Commissions structure and are still feeling their way through the new process. Tyra-Lukens said she would still like to consider seating students on Planning and Program if enough interest is expressed. Swaggert said one alternative might be to put more than the standard two students on the three suggested commissions. Tyra-Lukens said she liked the idea of allowing more than two students per Board or Commission. V. BUDGET Financial Services Director Don Uram outlined current budget strategies, including: • Using one-time revenues for one-time expenses • No subsidy of new programs • Maintaining a balanced budget model • Reducing the rate of increase in operating expense • Funding current expenditures with current revenues • Continuing to fund the capital improvement plan • Completing the first multi-year budget cycle Uram explained the current multi-year budget process,which allows for development of a longer-term perspective and improved financial planning. Uram reported that use of this streamlined budget process resulted in a savings of 500 staff hours this year. Uram provided an overview of the 2001 adjusted budget,which reflects a 2.5 percent difference from the original budget document. Uram noted that this budget includes increased expenditures for fuel and hospital insurance as well as unanticipated Community Center maintenance and repair costs. The budget also reflects$315,000 in debt for the new fire station and$170,000 for a hook and ladder truck. The combined 2000 adopted budget and proposed 2001 adjusted budget would require a six percent increase in the levy. This figure is consistent with the City's levy increases over the past several years. This would translate into an approximate$15 increase in taxes on the median Eden Prairie home. COUNCIL WORKSHOP MINUTES August 15,2000 Page 3 Enger said a 6 percent increase in the City levy would cover budget needs for 2001. An additional one percent increase would provide about$200,000 for a transportation"seed fund." This fund could be used to leverage public and private partnerships to begin tackling the projected$40 million in transportation projects over the next 20 years. This increase would translate into a$25 total increase in taxes on the median home.Enger noted that the City's past practice has been to match the City's levy for SWMT, and that staff recommends a seven percent increase for both the City and SWMT. Mayor Harris asked how staff planned to leverage the$200,000 for transportation. Enger said he envisions special partnership"demonstration"projects that could leverage three to five times the City's contribution. Councilmember Case asked if it was possible to pull monies from the liquor enterprise fund to boost the proposed transportation fund. Enger said that the one percent levy increase was just one source of funding under consideration, and that other sources will be explored. Enger said that at this point staff was looking for general direction from the Council. Tyra-Lukens said that while everyone hates tax increases, she believes that if the City does a good job of educating citizens on what will be done with the additional money there will be less resistance. Uram said the planned purchase of the hook and ladder truck could be funded internally for a few months,which would temporarily free up another$200,000 for the proposed transportation fund. Mayor Harris stated she agrees the City needs to set aside funds for transportation. Councilmembers Butcher and Tyra-Lukens said they are comfortable with a one percent increase in the levy if the additional money is used for transportation. Case said that educating citizens about where the money will be used is very important. Uram reported that Eden Prairie has a lower general fund balance than any adjacent community, and that the City is looking into ways of increasing that level. The CIP fund balance is approximately$5.5 million,but money will shortly begin to be withdrawn to fund the A and B CIP projects. Uram also noted that the CIP is scheduled to be reviewed with the Council again this year. Enger asked why there is no prescribed yearly rate increase in the utility fund. Public Works Services Director Gene Dietz noted that with continued growth in the customer base, an increase hasn't been required. He said the fund balance is currently two times what staff had projected. Tyra-Lukens asked if the City is still under sprinkling restrictions considering the recent wet weather. Dietz said the City has had watering restrictions continuously since 1987 as a matter of policy. He noted that 250 violation notices have been written this year, 100 of which were warnings. Uram reviewed the liquor fund budget,noting that staff are working on improving gross profit percentages through inventory control. Uram said one goal has been to increase wine sales because it has a higher profit margin. Uram also noted that the liquor store at the corner of Highways 4 and 5 is being renovated and will have outside access in place by Thanksgiving. Councilmember Thorfinnson asked about the possibility of using liquor store retained earnings for a transportation fund. Uram said that is a possibility. 3 COUNCIL WORKSHOP MINUTES August 15,2000 Page 4 V. OTHER BUSINESS Dietz updated the Council on the Cedar Forest Special Assessment item scheduled for the Council Meeting. Staff is recommending withdrawal of adjacent properties from the assessment at this time since final costs have not yet been determined. At this time, staff is proposing to assess only the 45 lots actually in the Cedar Forest development. The assessment would be approximately$10,000 per lot for streets only. Dietz further explained that staff will tabulate any objections lodged during the public hearing and recommend whether or not the Council should award the contract at the meeting or postpone award. Dietz said it is his impression that most property owners are"on board"and he expects few objections. VI. COUNCIL FORUM VIII. ADJOURNMENT Mayor Harris adjourned the meeting at 6:45 p.m. y UNAPPROVED MINUTES 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 Ric Rosow and Council Recorder Peggy Rasmussen I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. 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. IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Butcher moved, seconded by Tyra-Lukens, to approve the agenda as published. Motion carried 5-0. V. MINUTES A. CITY COUNCIL WORKSHOP HELD AUGUST 1,2000 MOTION: Case moved, seconded by Tyra-Lukens, to approve the minutes of the City Council Workshop held August 1,2000. Motion carried 5-0. B. CITY COUNCIL MEETING HELD AUGUST 1,2000 Butcher referenced the report from HPC Chair Jan Mosman on page 11, section 2, paragraph 1, and asked if it reflects the Adaptive Reuse Proposal for the Smith House. Enger replied by reading the motion from the HPC minutes of June 19, 2000, as follows: "Peterson-Benike moved, seconded by Barkley, to accept the Adaptive CITY COUNCIL.MINUTES AUGUST 15,2000 Page 2 Reuse Proposal for the following properties: . . . Smith House Concept: Community Heritage Preservation Site. Use: (Option 1) Commercial Lease, (Option 2) Sell." The motion carried 5-0. Enger read from the Adaptive Reuse Proposal, dated June 20, 2000, which Council adopted and which the HPC recommended for adoption. "The HPC is recommending consideration of two reuse options for the Smith House. The options are listed in order of priority. The HPC recommends that the city approve Option 1. Neither option would require the city to pay for rehabilitation of the house. However,the budget summary provided illustrates the items and associated costs to bring the property up to a minimal level acceptable for basic use. Option 1 • Concept: Reuse of the Smith House as a community heritage preservation site. • Goal: Rehabilitate the Smith House for an adaptive reuse for a commercial purpose. • Objective: Create a unique facility that will utilize the site's inherent historic qualities,yet remain accessible to the community. • Use: Commercial(coffee shop,tearoom bookstore, antique store). • Commercial: The Smith House is well suited for adaptive reuse as a commercial site. No other similar use of an historic building exists in Eden Prairie. Precedent for this type of use does exist in many Twin Cities' communities, as Hopkins, Excelsior, Woodbury, Minneapolis, St. Paul, Stillwater, White Bear Lake, and others can demonstrate. The Smith House is already well known to the community, and well situated along County Road 4 (Eden Prairie Road), near the entrance to Miller Park and within view of the Southwest Regional LRT trail corridor. The HPC recommends a use that would allow the public to access the historic home's interior. The building's main level is remarkably well preserved and worthy of the public's appreciation. Space on the main level is limited to 1,404 square feet, sufficient for a coffee shop or similar use." Option 2 • Concept: Community heritage preservation site. • Goal: Rehabilitate the Smith House to allow for commercial use or residential use. • Objective: Preserve the home's historic character and visual aesthetics, and sustain its status as a Heritage Preservation Site for the community through sensitive reuse. • Uses: Commercial(small office space),residential. • Commercial: The Smith House could be reused as small office space. This use may require significant alteration to the home's interior space, and if the CITY COUNCIL MINUTES AUGUST 15,2000 Page 3 upper level were utilized, a second exit would need to be provided according to the City Building Official. • Residential: This use would require little, if any, change, other than rehabilitation and normal maintenance. However, any owner of the property could alter the interior to accommodate a contemporary use or necessary upgrade. Any proposed change to the exterior of the house would require a Site Alteration Permit issued by the HPC after review of the proposed changes. This review process is required of any user of the property, including the city." Enger concluded by saying he hoped that makes it clear the HPC did recommend the Adaptive Reuse Proposal for the Smith House. Butcher said it would be wise to make that part of the record of the (August 15) meeting. Thorfinnson thought it probably should be included as part of the record for the August 1 meeting. Rosow said, since the HPC Adaptive Reuse Proposal was not presented to the Council at the last meeting, it should not be added to the record for that meeting. It could be added to the record for the August 15 meeting, and then add a footnote to the August 1 meeting minutes, stating"See minutes of August 15,2000." MOTION: Tyra-Lukens moved, seconded by Case, to approve the minutes of the City Council meeting held August 1, 2000, as published and footnoted to reference the minutes of August 15,2000. Motion carried 5-0. 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 No. 21-2000-PUD-13-200 Ofor PUD District Review and Zoning District Change, and Resolution No. 2000-131 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 No. 23-2000-PUD-15-2000 for PUD District Review and Zoning District Amendment, and Resolution No.2000-132 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 No. 24- 2000-PUD-16-2000 for PUD District Review and Zoning District Amendment) 3 CITY COUNCIL MINUTES AUGUST 15,2000 Page 4 E. AUTHORIZE ISSUANCE OF GRADING PERMIT TO SOUTHWEST METRO FOR TEMPORARY PARKING FACILITY F. ADOPT RESOLUTION NO. 2000-133 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 NO. 2000-134 APPROVING APPOINTMENT OF ELECTION JUDGES FOR 2000 PRIMARY AND GENERAL ELECTION J. ADOPT RESOLUTION NO. 2000-135 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 MOTION: Butcher moved, seconded by Case, to approve Items A-L on the Consent Calendar. Motion carried 5-0. VII. PUBLIC HEARINGS/MEETINGS A. SPECIAL ASSESSMENT HEARING FOR THE CEDAR FOREST FIRST ADDITION AND SURROUNDING AREAS, I.C. 99-5491 (Resolution No. 2000-136) Enger said official notice of this public hearing was published July 27,2000 in the Eden Prairie News and sent to 63 property owners. Al Gray, City Engineer, held a neighborhood meeting on August 14. Gray said this project consists of providing residential street and utility improvements to an existing residential subdivision of 45 properties in and adjacent to Cedar Forest First Addition, as well as utility improvements benefiting 18 land parcels along the east and west side of the First Addition. The details are in the feasibility study. Bids were opened on Friday, August 11, and the bids were very favorable. In the feasibility study, assessments to residential lots were CITY COUNCIL MINUTES AUGUST 15,2000 Page 5 estimated at $25,160. After opening the bids, it appears the assessments will come down to $23,000. Because of the maximum amount of$19,600 that can be assessed to homesteaded properties, the City will be spending more in the residential subdivision than it is proposing to assess. From his discussions with neighbors, Gray expected a number of them would be connecting to sewer and water. Gray said the other part of the notice that went out was sub-trunk assessments for 18 properties outside of the residential subdivision,based on the feasibility study. However, City Staff recommends withdrawing the utility assessments from those 18 properties at this time, because it is likely those final assessments would be different from the estimated cost in the feasibility study. Assessments will be proposed at a later date. Staff recommends proceeding with assessments of $11,520 on the 45 residential properties for street improvements, however. Gray said he believes the neighborhood wants the City to proceed. Mayor Harris asked if anyone wished to address the Council about the assessments. No one did. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to close the public hearing; and adopt Resolution No. 2000-136 approving the Special Assessments presented regarding street improvements to 45 lots within Cedar Forest Area, I.C. 99-5491. Motion carried 5-0. 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 No. 2000-137 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Amendment, and Resolution No. 2000-138 for Preliminary Plat) Enger said official notice of this public hearing was published July 6, 2000 in the Eden Prairie News and sent to 21 property owners. John Koehler, an architect with Semper Development, showed the site plan. The 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 square foot Walgreens and a 3,500 square foot bank. The project requires waivers for off-site parking, lot size, and side yard setback. Both buildings will have drive-up windows for customer service. 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. S CITY COUNCIL MINUTES AUGUST 15,2000 Page 6 At its June 12, 2000 meeting, the Community Planning Board voted 6-0 to recommend approval of the project,with waivers,to the City Council. Mayor Harris asked the architect to show the traffic pattern around the buildings, since both of them have drive-up windows. Koehler showed the project traffic pattern, saying there is a counter-clockwise traffic flow around each building. There is only one point of conflict, and the plan shows a wider driveway at that point. He said they could also have stop signs there. Their traffic engineers have looked into this. It is a layout used in other parts of the country. Butcher said she saw a place recently that had put in speed bumps. Koehler said they could do that. The only problem would be for snowplows. Mayor Harris said she wouldn't want to have any accidents occur, and asked the architect to look further into traffic control. Butcher asked to see where the signage would be. The architect said they will have a sign on the building, facing Highway 5, and Walgreens would have a freestanding sign. Case asked if the architect had the current traffic numbers compared with the previously approved plan. Koehler said they did do a traffic analysis that showed the current bank traffic was consistent with the 1986 traffic study. The music school, presently located in the building, creates a fair amount of traffic when parents come to pick up their children. The music school will be moving out, so traffic would be just generated by Walgreens and the bank. Case asked how much the southbound traffic turning left at Wagner Way off County Road 4 would be increased. The architect said he didn't think the traffic would be significantly more. Case said he understood there would be trees planted as a wetland buffer between the parking lot and the wetland. He asked if that buffer would include trees currently on the site, plus adding some more. The architect said that is correct. They will also put in a two-foot retaining wall. Case asked to see a map of the new wetland mitigation site. The architect showed the map of the wetland mitigation site at the southwest corner of Venture Lane and Highway 5. Tyra-Lukens said when Walgreens moved into their present site, they asked for 'more parking spaces than City Code allowed. She hasn't see that many spaces being used at the Walgreens,where it is located now. She asked why the architect believed 85 parking spaces were needed. Since this project is near a wetland, she doesn't like to see so many parking spaces. CITY COUNCIL MINUTES AUGUST 15,2000 Page 7 The architect said Walgreens likes to have at least 70 stalls. During the holidays they have extra staff parking there, as well as more customers. They have found that less than 70 spaces are not enough. Tyra-Lukens asked what is different about the look of this Walgreens from the standard Walgreens proposal. The architect showed pictures indicating straight lines and no pitch to the roof. He said the City's design ordinance impacts what the standard design would be. Mayor Harris asked if this Walgreens would be the same size as the one located nearby, and if Walgreens intended to maintain that one. Koehler replied the proposed Walgreens would be larger, at 15,000 square feet. Walgreens will not be maintaining the store nearby. There have already been inquiries about using that space for other purposes, such as a day care. Mayor Harris asked if there would be a safe way for senior citizens to cross the highway to get to Walgreens. Case said the senior citizens in Sterling Ponds would be likely to use this store. He suggested having a pedestrian crosswalk. Koehler agreed to do that. Mayor Harris asked if anyone wished to address the Council on this proposal. No one did. MOTION: Thorfinnson moved, seconded by Case, to close the public hearing; and adopt Resolution No. 2000-137 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 Resolution No. 2000-138 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 the Council condition to look at traffic control. Motion carried 5-0. 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 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 No. 2000-139 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Amendment, and Resolution No. 2000-140 for Preliminary Plat) Enger said official notice of this public hearing was published August 3, 2000 in the Eden Prairie News and sent to 17 property owners. Scott Mower, architect for Progressive Architecture, said he was representing Midwest Expansion Ltd., AKA Schlotzsky's. The building will be owned by 7 CITY COUNCIL MINUTES AUGUST 15,2000 Page 8 Midwest Expansion with Schlotzsky's Deli as one tenant. The other tenant will be Caribou Coffee. The project includes a one-story, 5,299-square-foot restaurant building, located at 11609 Leona Road. The existing structure at this location, 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. The restaurant would have a drive-through. The site meets all parking requirements. There is a retention pond on the west side of the site, which has to be redesigned to meet increased runoff. The architectural material will be the same as that used for Office Depot, which will also include stone elements. Signage would be within code. They will share use of existing pylon signs being used by Office Depot. Stacking for the drive-through will allow more cars than would be anticipated. The drive-through will only be used by Schlotzsky's, not the other tenant. To accommodate traffic, they have widened the visual sight line around the building. A pedestrian crosswalk will be striped. Case said he assumed Schlotzsky's would be matching Office Depot's facade. Mower said yes,they would match it. Uram said the Community Planning Board voted 7-0 to recommend approval of the project to the City Council at its July 24, 2000 meeting. The waivers requested are a result of the need for lot division for mortgage purposes, and reduced side yard building setback from 20 feet to 17 feet for the east property • line of Lot 2 and from 20 feet to 0 feet for the west property line of Lot 2. A waiver was requested for offsite signage to allow Schlotzsky's to use existing pylons. Tyra-Lukens asked if the right to use that pylon signage would transfer to subsequent owners. Uram said he believed that right would transfer, as it was part of the City's overall approval. Mayor Harris asked if there would be traffic control between the two buildings. The architect replied they have an existing stop sign and also a striped pedestrian crosswalk. They also pushed the corner of the lot back so there would be a visual sight line. Mayor Harris asked if anyone wished to speak to this proposal. No one did. MOTION: Butcher moved, seconded by Case, to close the public hearing; and adopt Resolution No. 2000-139 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; and adopt Resolution No. 2000-140 for Preliminary Plat on 4.19 acres; and direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations. Motion carried 5-0. c CITY COUNCIL MINUTES AUGUST 15,2000 Page 9 VIII. PAYMENT OF CLAIMS MOTION: Tyra-Lukens moved, seconded by Thorfinnson, 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." 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 Enger explained that Items A. B. and C., all dealing with the mortgage between Lincoln Park Apartments and the City of Eden Prairie, and resolutions authorizing sale and issuance of Multifamily Housing Revenue Bonds, are not quite ready. Enger asked to withdraw them from the agenda. MOTION: Thorfinnson moved, seconded by Case,to withdraw Items A. B. and C. from the agenda. Motion carried 5-0. Enger said these items will be back on the agenda for the September 5, 2000 Council meeting. 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 CITY COUNCIL MINUTES AUGUST 15,2000 Page 10 E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR 1. Award Contract for Cedar Forest Street&Utility Improvements ' Dietz reported that bids were opened Friday,August 11,2000. The lowest responsible bidder was Minger Construction, Inc., with a bid in the amount of$961,597.58. This was $100,000 under the estimate, and the City Engineer recommends awarding the Contract to Minger Construction, Inc. Councilmembers received the report of bid results. MOTION: Case moved, seconded by Butcher,to award Contract for I.C. 99-5491 (Cedar Forest First Addition Improvements) to Minger Construction,Inc.,with a bid of$961,597.58. Motion carried 5-9. F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR • H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT • ° ._ MOTION: Thorfinnson moved to adjourn the meeting. Mayor Harris adjourned the meeting at 7:50 p.m. JO CITY COUNCIL.AGENDA DATE: SECTION: Consent Calendar September 5, 2000 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Clerk's License Application List ITE • &Financial Services/ Gretchen Laven These licenses have been approved by the department heads responsible for the licensed activity. Temporary Liquor Hennepin Technical College will be having a Fund Raising Dinner and Auction on September 23, 2000 at the College Liquor—D.B.A. change M& S Food Service, Inc. D.B.A. Lucky's Eden Prairie (Formerly Half Time Restaurant&Sports Bar) September 5,2000 - 1 - CITY COUNCIL AGENDA DATE: 09/05/00 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R.Uram Idleview Office Park , / Michael D.Franzen V Requested Action Move to: • Approve 2nd Reading of the Ordinance for PUD District Review with waivers and Zoning District Amendment on 1.21 acres; and • Adopt the Resolution for Site Plan Review; and • Approve the Developer's Agreement for Idleview Office Park. Synopsis • This project is for a 3-story, 13,200 s.f. office building. Attachments 1. Ordinance for PUD District Review with waivers and Zoning District Amendment 2. Resolution for Site Plan Review 3. Developer's Agreement IDLEVIEW Or'N'ICE PARK CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 25000-PUD-17-2000 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 Office Zoning District 25-2000-PUD-17-2000 (hereinafter "PUD-17-2000-Office"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of September 5, 2000, entered into between 78th Street Properties, LLC and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-17-2000-Office, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-17-2000-Office is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-17-2000-Office 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-17-2000-Office are justified by the design of the development described therein. D. PUD-17-2000-Office 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 Office District and shall be included hereafter in the Planned Unit Development 17-2000-Office, 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 1st day of August, 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 5th day of September, 2000. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris,Mayor PUBLISHED in the Eden Prairie News on 3 Exhibit A IdIeview Office Park Legal Description: Lot 1, Block 1,Lake Idlewild Addition IDLEVIEW OJ FICE PARK • CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO.25-2000-PUD-17-2000 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 North of Eden Road on Lake Idlewild within the Office 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.) IDLEVIEW OFFICE PARK CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2000- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR IDLEVIEW OFFICE PARK BY 78TH STREET PROPERTIES,LLC WHEREAS, 78th Street Properties, LLC, has applied for Site Plan approval of Idleview Office Park on 1.21 acres for construction of a 3-story, 13,200 s.f. office building, to be zoned in the Office Zoning District on 1.21 acres by an Ordinance approved by the City Council on September 5,2000; and WHEREAS,the Community Planning Board reviewed said application at a public hearing at its July 10, 2000 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its August 1, 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 78th Street Properties, for the construction of a 3-story, 13,200 s.f. office building,based on plans dated July 21, 2000,between 78th Street Properties,LLC, and the City of Eden Prairie. ADOPTED by the City Council on September 5, 2000. Jean L. Harris,Mayor ATTEST: Kathleen A.Porta, City Clerk Exhibit A Idleview Office Park Legal Description: Lot 1,Block 1, Lake Idlewild Addition • DEVELOPER'S AGREEMENT IDLEVIEW OFFICE PARK THIS AGREEMENT is entered into as of ,2000,by a Minnesota limited liability 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 1.21 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, 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 with waivers in the Office Zoning District, 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 ,reviewed and approved by the City Council on August 1,2000, 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. B. 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 may be required to provide preconstruction and post construction surveys for evaluation by City,upon request by the City. 5. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails or sidewalks. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of.Exhibit C prior to issuance of any occupancy permit for the Property. 7. 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. 8. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters,electrical conduit,water meters, and standard heating,ventilating,and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If, after completion of construction of the mechanical equipment screening,it is determined by the City Planner,in his or her sole discretion,that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 9. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the Office District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD ): • Shoreland structure setback from 200 feet to 90 feet. • Shore impact zone encroachment from 100 feet to 15 feet. • Shoreland impervious surface from 35%- 65%. • Front yard structure setback from 35 feet to 17.5 feet. • • Building height from 30 feet to 44 feet. • Parking setback from 35 feet to 17.5 feet. 10. REMOVAL/SEALING OF EXISTING WELL AND SEPTIC SYSTEMS: Prior to issuance by City of any permit for grading or building on the Property, Developer shall submit to the Chief Building Official and to obtain the Chief Building Official's written approval of plans for demolition and removal of existing septic systems and wells on the Property, and restoration of the Property. Prior to such demolition or removal, Developer shall provide to the City a deposit in the amount of$ to guarantee that Developer completes implementation of the approved plan. The city shall return to Developer the$ deposit at such time as the Chief Building Official has verified in writing that the Developer has completed implementation of the approved plan. 11. RETAINING WALLS: Prior to issuance by the City of any permit for grading or JU construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in Exhibit B. These plans shall include details with respect to the height,type of materials, and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. 12. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any building permit for construction on the Property, Developer shall submit to the Parks and Recreational Services Director and obtain the Director's written approval of detailed plans for sidewalks and trails to be constructed on the Property. Developer shall convey access easements for such sidewalks and trails in such locations as determined by the Parks and Recreation Services Director. Sidewalks and trails shall be constructed in the following locations: A. A five-foot wide concrete sidewalk to be located along Eden Road as depicted in Exhibit B, attached hereto. B. An eight-foot wide bituminous trail to be located along Lake Idlewild as depicted in Exhibit B, attached hereto. Developer shall provide a trail easement to the City for the trail along Lake Idlewild in accordance with the terms and conditions of Exhibit E, attached hereto. Developer shall complete implementation of the approved plans in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property. 13. TREE LOSS-TREE REPLACEMENT: There are 94 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 74 diameter inches. Tree replacement required are 86 caliper inches. Prior to the issuance of any grading permit for the Property,Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 86 caliper inches. This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein,Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Developer shall complete implementation of the approved tree replacement plan prior to building permit issuance. I( 14. 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. 14. 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. I a CITY COUNCIL AGENDA DATE: September 5, 2000 SECTION: Consent Calendar SERVICE AREMDIVISION: ITEM DESCRIPTION: LC.98-5472 ITEM NO.: Public Works Service Area Award Contract for Emergency Vehicle Pre- Eugene A. Dietz Emption Systems on Eighteen Existing Traffic Signals C. Requested Action Move to: Award contract for Emergency Vehicle Pre-Emption Systems on eighteen existing traffic signals to Electrical Installation and Maintenance Company in the amount of$126,977.00. Synopsis Three bids were received on August 24, 2000 for this work and are tabulated on the attached consultant letter. The low bid was submitted by Electrical Installation and Maintenance Company for $126,977.00, which is approximately 27% below the Engineer's Estimate of $173,606.25. Background Information This project was selected for MnDOT's Cooperative Agreement program which provides funding for these types of projects. Based on this bid, our share of the construction costs are estimated at $75,560. We are also responsible for approximately $47,585 for MnDOT-supplied signal equipment and project engineering cost of approximately $26,400. So our total share (based on the construction bid) for the EVP project is approximately $149,550, which will be financed by a combination of State Aid and Tax Increment Funds. Attachments Westwood Professional Services, Inc. letter. Westwood Professional Services,Inc. 7599 Anagram Drive Eden Prairie.MN 55344 Phone:952-937-5150 Fax:952-937-5822 Toll Free:1-888-937-5150 August 24, 2000 Email:wps@westwoodps.com Mr. Rodney W. Rue, P.E. Assistant City Engineer - City of Eden Prairie 8080 Mitchell Road - Eden Prairie, MN 55344 RE: Award of Contract Emergency Vehicle Preemption Systems, 18 Locations City Project No. I. C. 98-5472 Dear Mr. Rue: • On August 24, 2000, at 10:00 a.m., three bids were received and opened for the above referenced project. We have reviewed the bids submitted to the City of Eden Prairie and determined that Electrical Installation & Maintenance Company (EIM) has submitted the lowest responsible bid. • • The following summary is provided: Engineer's Estimate $173,606.25 EIM $126,977.00 Egan McKay Electrical $143,165.00 ColliSys $145,200.00 The ElM bid is approximately 27% below the Engineer's Estimate for the project. We recommend that the City award the project to EIM in accordance with their proposal form. Respectfully submitted, WESTWOOD PROFESSIONAL SERVICES, INC. OIL 1'la . Kb(?lv?\ Allan S. Kiugman, P.E. Principal Transportation Engineer enclosure: Bid Tabulation e,iCmrn the Future Today...since 1972 CITY COUNCIL AGENDA DATE: September 5, 2000 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Engineering Services Release of Land from Special Assessment _ Jim Richardson Agreement for the Bearpath Addition V I Requested Action Move to: Approve the Release of Land from the Special Assessment Agreement for placing of utilities to benefit the Bearpath 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 The City entered into a Special Assessment Agreement with the Bearpath Limited Partnership and Kahnke Brothers, Inc. regarding the levying of special assessments. 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 • • 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 September 5,2000. FACTS 1. A certain Agreement Regarding Special Assessments ("Agreement") dated October 18, 1993, was executed by and between the City, Bearpath Limited Partnership and Kahnke Brothers,Inc. which Agreement was filed as Document No. 2436723 with the Hennepin County Recorder on October 29, 1993. The Agreement related to the property described therein as: Lots 1 through 13,Block 1, Lots 1 through 18, Block 2, Lots 1 through 10,Block 3,Lots 1 and 2, Block 4, Lot 1, Block 5, Lots 1 through 6, Block 6, Lot 1, Block 7, Lots 1 through 6, Block 8, Lots 1, 2 and 3, Block 9, Lots 1 through 7, Block 10, Lots 1 through 13, Block 11, Lots 1 through 3, Block 12,Lots 1 through 4, Block 14, Lots 1 through 12, Block 13 and Outlots B, S, T, U and W, Bearpath Addition, Hennepin County, Minnesota. 2. The special assessments contemplated by the Agreement have been levied and the time for appeal has expired. 3. 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. 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 October 18, 1993 filed with the Registrar of Titles as Document No. 2436723 on October 29, 1993. 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: September 5, SECTION: Consent 2000 SERVICE AREA: ITEM DESCRIPTION: ITEM NO. Community Development& Assignment of Project Management Financial Services: Agreement—Lincoln Parc Apartments Don Uram V I. E. David Lindahl Requested Action: Move to: Approve the attached Assignment of Project Management Agreement for the Lincoln Parc Apartment Project. Synopsis: The Assignment allows the developer of Lincoln Parc,Hartford Associates,to sell the project and transfer all obligations of the Project Management Agreement with the City of Eden Prairie to the eventual owner, the Wedum Foundation, a non-profit housing corporation Attachments: Assignment ASSIGNMENT OF PROJECT MANAGEMENT AGREEMENT BY AND BETWEEN THE CITY OF EDEN PRAIRIE("CITY") AND HARTFORD ASSOCIATES,LLC("DEVELOPER") This is an Assignment by Hartford Associates, LLC a Minnesota limited liability company("Developer")to Lincoln Parc Apartments,LLC a Minnesota limited liability company whose sole member is Wedum Foundation, a Minnesota nonprofit corporation and 501(c)(3) organization of that certain Project Management Agreement (hereinafter "Project Management Agreement") by and between the City of Eden Prairie ("City") and Developer dated as of June 20,2000. WITNESSETH WHEREAS, the City and Developer entered into the Project Management Agreement as of June 20, 2000 with respect to the property described as Lot 4, Block 1, Eden Prairie • Marketcenter,Hennepin County,Minnesota(the"Property"); WHEREAS, Developer is obligated under the Project Management Agreement to construct a 186 unit apartment building(the"Project"); WHEREAS, Developer is selling the Property and its interest in the Project to Lincoln Parc Apartments,LLC; and WHEREAS, the Project Management Agreement requires that any buyer, transferor assignee from Developer must expressly assume all of Developer's obligations under the Project Management Agreement and further states that the City shall not unreasonably withhold approval of assignment by Developer to a new entity; NOW THEREFORE, consideration of the premises and other good and valuable consideration,the receipt of which is hereby acknowledged: 1. Developer does hereby grant, transfer and assign all of its right, title and interest in the Project, the Property and the Project Management Agreement to Lincoln Parc Apartments,LLC; 2. Lincoln Parc Apartments, LLC hereby expressly assumes all of Developer's obligations under the Project Management Agreement; 3. The City hereby consents to and approves the above assignment by Developer to Lincoln Parc Apartments,LLC. HARTFORD ASSOCIATES,LLC a Minnesota limited liability company By: Its Chief Manager LINCOLN PARC APARTMENTS,LLC a Minnesota limited liability company By: Its Chief Manager CITY OF EDEN PRAIRIE By: Its Mayor By: Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me on the day of 2000, by the Chief Manager of Hartford Associates, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me on the day of 2000, by the Chief Manager of Lincoln Parc Apartments, LLC, on behalf of the company. Notary Public 3 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me on the day of 2000, by Jean Harris the Mayor and Christopher Enger, the City Manager, respectively, of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation. Notary Public EP\LincolnPark\AssignProjManAgre.082400 CITY COUNCIL AGENDA DATE: 09/05/00 SECTION: Consent Calendar ITEM DESCRIPTION: SERVICE AREA/DIVISION: ITEM NO.: Office of the City Manager Adopt Resolution Declaring the City's Chris Enger, City Manager Commitment to Join the League of Minnesota Cities' "Minnesota Cities: Building Quality V/L F Communities" Requested Action Move to: Adopt the Resolution declaring the City's Commitment to Join "Minneosta Cities: Building Quality Communities: Synopsis At its June Annual Conference, the League of Minnesota Cities launched the Building Quality Communities initiative. This program is a two-year effort in art to change how legislators,the media, and citizens look at local government. Attachments Resolution City of Eden Prairie Hennepin County,Minnesota Resolution No.2000- Building Quality Communities Whereas, the top values and priorities of citizens include safety, family, job opportunities, health, the well-being of children and recreational opportunities; and Whereas,many of the services cities provide directly enhance those citizen priorities; and Whereas,the connection between city services and how they benefit citizen priorities and concerns is not always understood by citizens; and Whereas, it is one of the responsibilities of city officials to ensure legislators, media and citizens understand their governments through open and frequent communication using various avenues and means; and Whereas, it is important to encourage citizens to actively participate in city government, to share their views, and to work in partnership with city officials to ensure that the needs of the community are met; and • Whereas,partnerships developed between citizens and city officials can result in greater understanding of the connection between Minnesota's high quality of life and the services provided by Minnesota cities, as well as greater trust by citizens in the efforts of their city government; Now therefore be it resolved that the City of Eden Prairie hereby declares its commitment to join in the "Minnesota Cities: Building Quality Communities" statewide educational effort in cooperation with our fellow members of the League of Minnesota Cities. We hereby designate Chris Enger, City Manager, as the City of Eden Prairie's key contact for this effort, and will inform the League of Minnesota Cities of this designation. PASSED AND ADOPTED this 5th day of September,2000: CITY OF EDEN PRAIRIE,MINNESOTA By: Jean L.Harris,Mayor A I EST: By: Kathleen Porta,City Clerk CITY COUNCIL AGENDA DATE: SECTION: Report of the Community Development and Financial Services Director 09/05/00 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Don Uram—Director Prairie Village Liquor Store Lease V I (�- Requested Action Move to: Authorize the Mayor and City Manager to enter into a Lease with Prairie Partners Six, LLP for the liquor store at the Prairie Village Mall. Synopsis Prairie Partners Six, LLP has submitted a proposal to the City to expand the existing 4,403 square foot liquor store by 847 square feet to a total of 5,250. This is comparable in size to the Prairie View Mall store. An essential component of the expansion is the ability to provide direct customer access from the parking lot into the store rather than through the interior mall. This gives the store an exterior presence increasing the visibility necessary for a retail business from Co. Rd. 4 and CSAH 5. Additional advantages of entering into a new lease at this time include: • Ensures liquor store presence at the Prairie Village Mall until 2010. • Guarantees favorable lease rates. • Completely updated/remodeled store. Background Information The City is currently operating under a lease that expires December 31, 2003. The lease rate is fixed at $10.00 per square foot for 4,403 square feet or $44,030 per year. The new lease terms are: Rent: Years 1-2 $10.50 psf net Years 3-4 $11.00 psf net Year 5 $11.50 psf net Option Tenn: Years 6-7 CPI Increase from Year 5 Years 8-10 CPI Increase from Year 7 By entering into a new lease, the annual rent for years 1 and 2 will increase to $55,125. This is an increase of$11,095 per year. Without considering the benefits mentioned above, sales are projected to increase by 5%per year for the next 5 years that will offset this increase in rent. Additional sales are expected due to the redevelopment of the center that will increase store profitability beyond this. 1 CITY COUNCIL AGENDA DATE: 09/05/00 SECTION: Public Hearings SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R. Uram Prairie Village at Dell Road ii` , Krista R. Flemming V 1 Requested Action Move to: • Close the Public Hearing; and • • Adopt the Resolution for Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 23.05 acres; and • Adopt the Resolution for Planned Unit Development Concept Review on 23.05 acres; and • Approve 1st Reading of the Ordinance for Planned.Unit Development District Review with waivers and Zoning District Change from Rural to the RM- 6.5 Zoning District on 23.05 acres; and • Adopt the Resolution for Preliminary Plat on 23.05 acres into 60 lots, 4 outlots and City Right of Way; 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 alteration permit to Rottlund Homes to proceed with grading at their own risk. Synopsis This project is for 50 single level townhomes, 96 three story townhomes, 4 outlots, and City Right of Way located south of Pioneer Trail at Dell Road. This project was first introduced at a public informational meeting with the Community Planning Board on May 22, 2000. The Community Planning Board voted 7-0 to recommend approval of the project to the City Council at its August 14, 2000 meeting. The recommendation included supporting a front yard structure setback waiver from 30 feet to 25 feet for the Gable units along Hackberry Court. Background The site requires a guide plan change from Low Density Residential to Medium Density Residential. Reasons to consider the Guide Plan change to medium density residential include the following: 1. The project helps meet housing goals by providing single-story senior/empty-nester housing and townhomes for single professionals and couples with no children. 2. This project provides a west to east density transition to low density residential. The location of the stormwater ponding provides a transition to future low density residential development City Council Meeting—September 5,2000 Prairie Village at Dell Road Page 2 to the east. The open space behind the twinhomes provides a natural buffer to land to the east guided for low density development. 3. The gross project density is 6.5 units per acre. 4. The project has diverse unit types, architectural styles, and densities consistent with the Southwest Growth Strategy. 5. The existing road and traffic signal at Dell Road and Pioneer Trail can accommodate the additional traffic. A waiver is requested for the front yard structure setback from 30 feet to 25 feet for the Gable units along Hackberry Court (1lunits). This waiver will accommodate a deck feature shown to extend over the garage as part of the structure's architecture. The garage is 30 feet from the property line. A traffic analysis was conducted for the project. The proposed development will generate 75 additional trips in the AM Peak Hour and 92 additional trips in the PM Peak Hour more than if the site remained as low density residential. The traffic analysis indicates that the proposed development and planned improvements (temporary traffic signal installation) will allow the intersection at Pioneer Trail and Dell Road to operate at an acceptable level-of-service (LOS C) in both the AM and PM peak hours. The plans for the Pioneer Trail/Dell Road temporary traffic signal have been completed and the signal is expected to be installed and operational by the end of October. There are 88 significant trees, or 1304 total significant diameter inches on the site. The tree loss for the site is 906 diameter inches, or 58 trees, for a total loss of 69%. Of the 906 inches lost, 340 inches, or 27 trees,were planted as part of the existing homestead. The tree loss percentage of the site's naturally occurring trees is 43%. Total tree replacement is 837 caliper inches, or 144 trees. A conservation easement will be placed over the wooded portion of the Garden townhome area from the back of the townhomes to the east property line. This area will be preserved with exception of a 20 foot wide strip that will be graded to accommodate the extension of a storm sewer discharge pipe. The Developer is requesting and early land alteration permit. Staff supports the request, but will not issue a permit until a drainage and utility easement agreement is acquired for offsite storm sewer drainage. Attachments 1. Resolution for Guide Plan Change 2. Resolution for PUD Concept Review 3. Resolution for Preliminary Plat 4. Community Planning Board Minutes dated August 14,2000 5. Staff Report dated August 11, 2000 6. Letter Requesting Early Land Alteration Permit PRAIRIE VILLAGE AT DELL ROAD CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2000- A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan("Plan"); and WHEREAS, the Plan has been submitted to the Metropolitan Council for review and comment; and WHEREAS, the proposal of Prairie Village At Dell Road by Rottlund Homes for 146 units consisting of two, four, eight,ten, twelve, and fourteen unit structures. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby adopts the amendment of the Plan subject to Metropolitan Council approval as follows: Rural to RM-6.5 on 23.05 acres located south of Pioneer Trail at Dell Road. ADOPTED by the City Council of the City of Eden Prairie this 5th day of September 2000. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk PRAIRIE VILLAGE AT DELL ROAD CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF PRAIRIE VILLAGE AT DELL ROAD FOR ROTTLUND HOMES • WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD) Concept of certain areas located within the City; and WHEREAS,the Community Planning Board did conduct a public hearing on Prairie Village at Dell Road PUD Concept by Rottlund Homes 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 September 5, 2000. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Prairie Village At Dell Road, 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 21, 2000. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated August 14,2000. ADOPTED by the City Council of the City of Eden Prairie this 5th day of September,2000. Jean L. Harris,Mayor ATTEST: Kathleen A. Porta, City Clerk Exhibit A Prairie Village at Dell Road Legal Description: That part of the West%2 of the Southwest'A of Section 20,Township 116 North Range 22,West of the Fifth Principal Meridian, described as follows: Commencing at the Southwest corner of said West %2; thence on an assumed bearing of North 0 degrees, 57 minutes,40 seconds East along the West line of said West1/2, a distance of 695.81 feet; thence Northeasterly along a curve concave to the Northwest, said curve having a radius of 3997.38 feet, a central angle of 0 degrees, 45 minutes, 22 seconds, a chord bearing of North 56 degrees, 21 minutes, 16 seconds East, an arc distance of 52.75 feet; thence North 55 degrees, 58 minutes, 35 seconds East a distance of 427.98 feet to the actual point of beginning of the tract of land to be described; thence South 20 degrees 51 minutes 25 seconds East a distance of 458.11 feet; thence Southerly parallel with the East line of said West %2 of a distance of 537.82 feet more or less to the South line of said West %2; thence Easterly along said South line a distance of 422.39 feet more or less to the West line of the East 333.89 feet, as measured at right angles with the East line of said West %2; thence Northerly along said West line a distance of 538.85 feet; thence North 90 degrees 00 minutes 00 seconds West a distance of 358.18 feet; thence North 20 degrees 51 minutes 25 seconds West a distance of 495 feet; thence South 55 degrees 58 minutes 35 seconds West a distance of 61.67 feet more or less to the actual point of beginning. Together with a nonexclusive roadway easement created in Document No. 3802593. Together with: That part of the Southwest 1/4 of Section 20, Township 116, Range 22 described as follows: Commencing at the Southwest corner of said Southwest'/4; thence North along the West line thereof to the centerline of County Road No. 1; thence Northeasterly along said centerline a distance of 480.73 feet; thence South 20 degrees 51 minutes 25 seconds East a distance of the 458.11 feet; thence South parallel with the East line of the West %2 of the said Southwest %4 to the South line thereof; thence West to the point of beginning, EXCEPT the West 22 feet thereof. Together with: That part of the North 506 feet of the Northwest'/4 of the Northwest'/4 of Section 29,Township 116, Range 22 lying East of the West 400 feet thereof and West of the East 350 feet thereof. Together with: Outlot B, OAKPARKE ESTATES, according to the recorded plat thereof, Hennepin County, Minnesota. Hennepin County, Minnesota Abstract Property PRAIRIEVILLAGE AT DELL ROAD CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF PRAIRIE VILLAGE AT DELL ROAD FOR ROTTLUND HOMES BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of the Prairie Village at Dell Road for Rottlund Homes dated August 21, 2000 and consisting of 23.05 acres into 60 lots, 4 outlots, and City right-of-way, a copy of which is on file at the City Hall,is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 5th day of September,2000. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk cp COMMUNITY PLANNING BOARD MINUTES AUGUST 14,2000 PAGE 11 B. PRAIRIE VILLAGE AT DELL ROAD Richard Palmiter,Vice President of Rottlund Homes, said since the May 19 concept plan he has worked with the property owner. A commercial area was replaced with townhomes. The general site plan shows a variety of medium density townhomes with 2 and 4 unit garden townhomes and 8, 10, of 12 unit gable townhouses. Access is provided to the Horsful property from Dell Road through the gable townhomes. A neighborhood meeting on May 9 brought out the concern of traffic noise related to the commercial use;this is now not a major concern. Rottlund Homes agrees with the staff recommendation; they are here to ask for approval so the PUD can go to council. There are diverse housing types and architectural styles. This helps to meet the housing goals for seniors, empty nesters, and professionals.Planting diverse significant trees will help mitigate tree loss. On the Gable site,they will transplant some existing trees. One waiver is requested for front yard setback from 30' to 25' along Hackberry Court. Lee Johnson,with U.S.Homes was unable to attend the meeting but wanted it to be noted that he was opposed to this request. Koenig asked what percentage of conifers could be saved. Palmiter said they would transplant as many as possible along Pioneer Trail and along Dell Road. Koenig asked how this relates to total percentage tree loss. Palmiter said those are not considered significant trees. The loss relates to significant trees that cannot be saved. Stoelting asked about the location of the conservation easement. Palmiter said it was along the easterly border. Stoelting asked about sidewalks added along Dell Road. Palmiter said there was a sidewalk on one side and a trail along the other side of Dell Road. Sidewalk connections will be made throughout the townhomes to Dell Road. Nelson inquired about townhouse driveways and safety when backing out onto the street. The visitor parking is not close to some of the townshomes. Palmiter said visitor parking was mostly 1 or 2 cars. There is parking further between the buildings. That has been adequate in other projects. 7 COMMUNITY PLANNING BOARD MINUTES AUGUST 14,2000 PAGE 12 Nelson asked about the actual price range. Palmiter said the garden units start between$180,000-200,000 and the gable units start at$140,000. Flemming said the staff recommends approval. This provides guest parking at .5 spaces per unit,usually .25 spaces is required. They do have adequate parking. The medium density family helps meet some housing goals. It is consistent with the city's strategy of diverse density and architecture. There is transition between east and west. Road improvements will accommodate additional traffic. There is one waiver requested for the front yard setbacks along Hackberry Court from 30' to 25'. It does meet code requirements. The Board needs to consider whether this is an appropriate transition for the area or if changes should be made; and whether housing goals are met. Kathy, a resident of 17621 Pioneer Trail, said she was disappointed they lost the retail; some smaller retail would better serve the community than additional townhomes. She wanted to thank Rottlund for providing flexibility. Stock asked about the height on three story units. Flemming said they could be 45 feet according to code; these are 40 feet. MOTION by Brooks, second by Clinton to close the public hearing. Motion carried 7-0. MOTION by Brooks second by Clinton to recommend approval of the project according to the staff report. Motion carried, 7-0. STAFF REPORT TO: Community Planning Board FROM: Krista R. Flemming, Planner I DATE: August 11,2000 SUBJECT: Prairie Village at Dell Road APPLICANT Rottlund Homes FEE OWNERS: Bob and Mavis Hendrickson LOCATION: South of Pioneer Trail at Dell Road REQUEST: 1. Comprehensive Guide Plan Amendment from Low Density Residential to Medium Density Residential on 23.05 acres 2. Planned Unit Development Concept Review on 23.05 acres 3. Planned Unit Development District Review with waivers on 23.05 acres 4. Zoning District Change from Rural to RM—6.5 on 23.05 acres 5. Site Plan Review on 23.05 acres 6. Preliminary Plat of 23.05 acres into 60 lots, 4 outlots, and City Right-of-Way T .�V•QU, y !G ,� 11 .%�. I ;r t'LC ., w.a i .s g "3' 4?°'�, y, - ret 1 b. ` _ •;. 9: ,ln" elfin Kr,.t.G,C } ..;;;Ti .....6:2'.::: ".'., r. n �y IiSI , .ti. '4 0'33 dr Z' •} 1 13,x7.....a..... G, 3:t_ OQe.. .y„ ;,C44N. : N7+ �,� •ma .- t __ ! © _ ZOUTH'� _1 r 'i ...! x, t0�4t J'Weir V �•4zg �` 2�z "-�� ' i jt64't: �- �•" L. •v ! C ACtt*Sn9 AA f / S y��' K1nT CG rsn yl, : . tee •�' ( rr < h m J 7 . 122, y 3',b -. �t d,F a, 1 }Q -: 12it "J } , i •-,-_-,,z2-,,• ::-. :, - „ - mall" + Ip t9� Jam.:. t F �._ I t c 4 m PT1 0 i ' ��2�` 1 l n J' s y�I•L 'loci W <°•• it _ 06,., 12 1 ta;Qi C ..� 1 pegi° `sj m xca:r , .7 1, ll -,127 51: " 2/V P TIP . •• Rill 1291 l 74,74 . \ E • 1261 2. •r F. .Or 1)1 xI n7r L . I.:. h� c if .r �•• r 1` �.•', r .. , ''�.•�: aft ' © na p" ;2r `t,i 161 Cf Vj a lc IT 'q1 6 W vat :i ,. w a �- I . <2 9 \ 1 y 3 G tH1 •{ r . e. �,..t tza 4 IP 141 r��y21 t."0.3' r 9 VT. 7 r,� (71 i2.: 4. .. •lo.?' fa • PT a'' ' G nra •> t 7 . 191 • is, J.,„, a ' �` to 14 �'"" ta1 • ! 13]' . S hY C `�I, m ,y } __ :,„. (2fr q, �Q1 J CO „YSt• _ C I r P3, r, - LID • 121 7 122I ' i- Y tr r `< 'I SM TwS 1' 1 of.) :4' 4,.It i.i.i VI • ^v/ In ' 0 122 L..."•*,\....\si Staff Report—Prairie Village at Dell Road August 11,2000 BACKGROUND The Comprehensive Guide Plan for the site indicates low density residential. The zoning on the site is Rural. A neighborhood meeting was held on May 9, 2000, and an informational meeting at the May 19, 2000, Community Planning Board meeting. The Board summarized development issues for the multiple family housing as follows: • Overall area's housing mix and density; • Density of the Gable townhomes; • Incorporate more twinhomes than fourplexes amongst Garden townhomes; and • A medium density residential land use should also be recommended for the adjacent Horsfal property. APPROVED PROJECTS IN THE AREA Previous approvals on adjacent subdivisions influence the use and density of the proposed site. In 1995, the City approved 32 twinhomes at a density of 3.5 units per acre as part of the Sowles PUD east of Dell Road and north of Pioneer Trail. In 1998, offsite development impacts were evaluated as part of the review for the adjacent Eden Orchard PUD. The staff reports for the Eden Orchard PUD indicated the following: • Approval of higher density would generate requests for commercial and higher density on land to the east(i.e., the proposed project site). • A small amount of commercial(10,000 sf.)may be acceptable with the appropriate transition. • Additional multiple family may be acceptable provided the units help meet specific housing goals. • Additional multiple units may be inconsistent with the Southwest Area Growth Strategy, if too much multiple family of the same product and density is clustered in one location. SOUTHWEST AREA GROWTH STRATEGY In June of 1997, the City Council approved a growth strategy as a guide for developing 1,512 acres of land with the MUSA Line expansion in Southwest Eden Prairie. The plan would preserve open space and natural features, meet housing goals, keep traffic levels consistent with the approved Transportation Plan. Multiple family developments should be clustered, include a variety of densities and architectural styles, and provide transitions to existing low density neighborhoods. The growth strategy has six basic goals: • Preserve and protect as much open space and environmentally sensitive areas as possible. • Offer a variety of housing types. • Keep traffic levels consistent with the approved Transportation Plan. • Meet housing forecasts used for financing City infrastructures (water treatment plant, roads, storm sewers etc.). 1( 2 Staff Report—Prairie Village at Dell Road August 11,2000 • Maintain a reasonable level of taxes. • Protect property rights. The development of the 1,512 acres of land is limited by transportation capacity, which would allow the development of 2,606 to 2,906 units. The development scenarios suggested that areas south of Pioneer Trail near Dell Road could accommodate a variety of housing types and densities with higher density clusters along Pioneer Trail and lower density next to open space and existing low-density neighborhoods. REQUEST FOR COMPREHENSIVE GUIDE PLAN CHANGE The proposed Comprehensive Guide Plan change is from Low Density Residential to Medium Density Residential on 23.05 acres. The City consists of 45%multiple family residential units (townhomes and apartments) and 55% single family residential units. Approximately 24% of the City's entire housing stock are multiple family townhomes. There is approximately 9%, or 894 total acres, left for residential development (both single and multiple family development). In 1995, the City Council established the Senior Issues Task Force to identify the impact of changing demographics of the senior population and the resulting needs for housing, transportation, health and social services and related issues. One of the needs identified by the Task Force was for a variety of senior housing opportunities including assisted care, affordable and market rate ownership and rental, housing with elevators, and one level housing. The Final Report said some flexibility in the zoning codes might be necessary, including the use of higher densities to help maintain affordability. This project provides 50 units of one-story housing for seniors and empty-nesters, and 96 units of three-story housing for single professionals and couples with no children. The Eden Orchard PUD provides 118 units of affordable housing and 56 units of senior, one-story housing. Both the proposed development and the approved townhouse development in the Eden Orchard PUD influence the Horsfal property to the west. The most compatible land use for this adjacent site is multiple family. An internal access easement will be provided from Dell Road to the Horsfal property through the proposed project. This will eliminate the need for the use of the current access onto Pioneer Trail with any future development of the site. PRELIMINARY PLAT A preliminary plat shows the subdivision of 23.05 acres into 60 lots, 4 outlots, and city right-of- way. All lots meet the required lot sizes in the RM-6.5 zoning district. PLANNED UNIT DEVELOPMENT The Developer proposes to remove existing house and outbuildings located on the property. The site plan includes the following proposed uses: to Staff Report—Prairie Village at Dell Road August 11,2000 The Garden townhomes (Lots 1-51, Block 2) include 50 units located on a net area of 10.38 acres. These single-story units are clustered into twinhomes and fourplexes. City Code requires 2 spaces per unit with one enclosed. The plan meets this requirement. City policy requires 1/4 space per unit for guest parking. The project provides %2 space per unit for a total of 25 guest parking spaces. The units meet setback requirements for the RM-6.5 zoning district. The net density for the Gardens is 4.18 units per acre. The twinhome net density in Eden Orchard PUD is 3.12 units per acre. The Gable townhomes (Lots 1-6, Block 3) include 96 units located on a net area of 6.05 acres. These three-story units are clustered into eight, ten, and twelve unit buildings. City Code requires 2 spaces per unit with one enclosed. The plan meets this requirement. City policy requires 1/4 space per unit for guest parking. The project provides %Z space per unit for a total of 48 guest parking spaces. The units along Hackberry Court will require a.setback waiver from 30 feet to 25 feet to accommodate the deck feature that extends over the garage. The majority of the structure, including the garage,will meet a 30 foot setback. The net density for the Gables is 15.9 units per acre. The net density for the Eden Orchard PUD townhomes is 10.0 units per acre. City Code permits up to 6.7 units per acre in the RM-6.5 zoning district. The guide plan change to medium density residential would permit up to 10 units per acre. Based on a net area of 16.43 acres, the net density of the proposed project is 8.9 units per acre. The net density of the multiple family portion of the Eden Orchard PUD is 6.0 units per acre. Based on the gross area of 22.43 acres (including right-of-way, stormwater ponds, and private streets, but excluding .62 acres for future development), the gross density of the proposed project is 6.5 units per acre. The gross density of the multiple family in the Eden Orchard PUD is 4.4 units per acre. Outlot A is a .04 acre remnant piece of land created by the construction of Dell Road. It will be incorporated into an adjacent lot. Outlot B is a .78 acre private road servicing the Garden townhomes. Outlot C is 1.62 acres used for stormwater ponding. Outlot D is 1.49 acres. This includes .87 acres for stormwater ponding and .62 acres (adjacent to Pioneer Trail and Dell Road) for future development to the east. The future development will be able to incorporate density transfer from the .62 acres, which is equivalent to a 3 unit townhome. City Right-of-Way includes 2.71 acres of the project. This includes 1.4 acres for Dell Road, .77 acres for the proposed Pioneer Trail expansion, .16 acres for a future connection east to Valley Road, .24 acres for the completion of Hackberry Court, and .14 acres for the completion of an unnamed road in the Eden Orchard PUD. 13 4 Staff Report—Prairie Village at Dell Road August 11,2000 ARCHITECTURE The Garden townhomes are single-story buildings with an emphasis towards empty-nesters and seniors. The Gable townhomes are three-story buildings with an emphasis towards single professionals and couples with no children and first-time homebuyers. The height of the structure is 35 feet. The city requirement is 40 feet. The three-story building's architectural features include decks, gables, varying rooflines, and building jogs that contribute to architectural diversity, which helps reduce the scale and mass of the buildings. Common colors are used on the roofs and building exteriors of the Garden and Gable townhomes to help create a sense of neighborhood different from neighborhoods in the Eden Orchard PUD. SIGNIFICANT TREES There are 88 significant trees, or 1304 total significant diameter inches on the site. The tree loss for the site is 906 diameter inches, or 58 trees, for a total loss of 69%. Of the 906 inches lost, 340 inches, or 27 trees, were planted as part of the existing homestead. The tree loss percentage of the site's naturally occurring trees is 43%. Total tree replacement is 837 caliper inches, or 144 trees. A conservation easement will be placed over the wooded portion of the Garden townhome area from the back of the townhomes to the east property line. This area will be preserved with exception of a 20 foot wide strip that will be graded to accommodate the extension of a storm sewer discharge pipe. LANDSCAPING The landscaping required based on building square footage is 347 caliper inches. The landscape plan meets City Code. The required tree replacement is 837 caliper inches. The plan meets this requirement. The total landscaping for the site is 1,184 caliper inches, or 260 trees. TRAFFIC ANALYSIS The proposed development will generate 75 additional trips in the AM Peak Hour and 92 additional trips in the PM Peak Hour more than if the site remained as low density residential. The traffic analysis indicates that the proposed development and planned improvements (temporary traffic signal installation)will allow the intersection at Pioneer Trail and Dell Road to operate at an acceptable level-of-service (LOS C) in both the AM and PM peak hours. The design standard for intersections is LOS D. The plans for the Pioneer Trail/Dell Road temporary traffic signal have been completed and the signal is expected to be installed and operational by the end of October. The year 2015 analysis indicated that future improvements to Pioneer Trail will also help this intersection continue to operate at an acceptable level of service with future area development. if 5 Staff Report—Prairie Village at Dell Road August 11,2000 DRAINAGE NURP ponds will be used to treat stormwater to city standards. UTILITIES Sanitary sewer and water is available to the site from Dell Road. TRAILS AND SIDEWALKS An 8 foot wide bituminous trail is located on the east side of Dell Road with 5 foot wide sidewalk connections to the Garden townhomes off the ends of the private street(Outlot B). A 5 foot wide sidewalk is located on the north side of Hackberry Court and the west side of Dell Road. The Gable townhomes will also have 5 foot wide interior sidewalks along Street D from Hackberry Court to Street E and along Street E from Dell Road to Street D. A 5 foot wide sidewalk should be added along the east side of Street D from Street E to Pioneer Trail and along the north side of Street E from Street D to the west property line. LIGHTING Lighting should be consistent with City residential street standards. CONCLUSION • Medium density housing is appropriate on this site for the following reasons: 1. The project helps meet housing goals by providing single-story senior/empty-nester housing and townhomes for single professionals and couples with no children. 2. This project provides a west to east density transition to low density residential. The location of the stormwater ponding provides a transition to future low density residential development to the east. The open space behind the twinhomes provides a natural buffer to land to the east guided for low density development. 3. The gross project density is 6.5 units per acre. 4. The project has diverse unit types, architectural styles, and densities consistent with the Southwest Growth Strategy. 5. The existing road and traffic signal at Dell Road and Pioneer Trail can accommodate the additional traffic. After presentation by the proponent and listening to comments from the neighborhood, the Board should discuss the following questions: 1. Are there compelling reasons to amend the Comprehensive Guide Plan? Is the density of the project appropriate for the area? • 2. Does the plan help meet housing goals? 6 Staff Report—Prairie Village at Dell Road August 11,2000 3. Does the proposed plan provide appropriate transition to future low density development? If not,how should the plan be changed? 4. Is the amount of tree loss appropriate based on the site plan? If not,how might it be reduced? STAFF RECOMMENDATION Alternative One If the Community Planning Board believes compelling reasons have been provided to justify the change in the Comprehensive Guide Plan and waiver from the City Code, then one option would be to recommend approval of: • Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 23.05 acres; • Planned Unit Development Concept Review on 23.05 acres; • Planned Unit Development District Review with waivers on 23.05 acres; • Zoning District Change from Rural to RM-6.5 on 23.05 acres; • Site Plan Review on 23.05 acres; and • Preliminary Plat on 23.05 acres into 60 lots, 4 outlots, and city right-of-way. This would be based on plans dated August 9, 2000, this staff report, and the following conditions: 1. Prior to City Council review,proponent shall: A. A 5 foot wide sidewalk should be added along the east side of Street D from Street E to Pioneer Trail and along the north side of Street E from Street D to the west property line (this sidewalk should be 22 feet from the structure). 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 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, including details regarding fire access to the site. B. Submit a landscaping bond in accordance with City Code. C. Pay the cash park fee. 4. The following waiver is granted as part of the PUD: (CD 7 Staff Report—Prairie Village at Dell Road August 11,2000 • Minimum front yard setback from 30 feet to 25 feet for townhomes along Hackberry Court. Alternative Two If the Community Planning Board does not believe compelling reasons have been provided to justify the change in the Comprehensive Guide Plan and the waiver from the City Code, then one option would be to recommend the project be continued with direction to revise the plan to reduce the amount of tree loss and project density. Alternative Three If the Community Planning Board does not believe compelling reasons have been provided to justify the change in the Comprehensive Guide Plan and the waiver from the City Code, then one option would be to recommend denial for the following reasons: • The project is inconsistent with the Comprehensive Guide Plan. • The project does not meet requirements of the City Code as listed in this report. • The project has high tree loss. Staff recommends Alternative One. .17 Westwood Professional Services,Inc. August 17,2000 7599 Anagram Drive Eden Prairie,MN 55344 Krista Flemming Phone:612-937-5150 City of Eden Prairie Fax:612-937-5822 8080 Mitchell Road Toll Free:1-888-937-5150 Eden Prairie,Mn 55344-2230 Email:wps@westwoodps.com Re:Prairie Village Dear Krista: We are requesting an early grading permit for the Prairie Village project. Rottlund Homes would like to start grading of the site as soon as the Riley Purgatory Creek Watershed and the Eden Prairie City Council approve the project. Please contact me if you have any questions. Sincerely, WESTWOOD P FESSIONAL SE VICES,INC. Jack Sullivan E.I.T 1 � Designing the FutureToday..since 1972 CITY COUNCIL AGENDA DATE: 09/05/00 SECTION: Public Hearings SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R.Uram Buca Addition V II B Krista R.Flemming Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 1.53 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment within the Community Commercial Zoning District on 1.53 acres; and • Adopt the Resolution for Preliminary Plat on 1.53 acres into 1 lot; and • Direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations and Council conditions. Synopsis This project is for a 1,507 sq. ft. addition (total building will be 10,051 sq. ft.)with a parking lot reconfiguration located at 7711 Mitchell Road. The Community Planning Board voted 7-0 to recommend approval of the project to the City Council at its August 14, 2000 meeting. Background The current site consists of 1.11 acres. Due to the widening of Highway 212 and Mitchell Road, a portion of this land was acquired by Mn/DOT through condemnation proceedings. In order to provide Buca di Beppo with the adequate area to maintain zoning requirements, a land trade is proposed between the site owner and Mn/DOT through the City. The land area to be conveyed to the landowner is .42 acres for a total site area of 1.53 acres. The recommendation included supporting the following waivers: • Front Yard Parking Setback from 35 feet to 10 feet along Highway 212 and from 17.5 feet to 10 feet along Mitchell Road The development of Highway 212 caused the taking of a significant portion of the site for adjacent right-of-way. The distance from the future Highway 212 off-ramp to the parking at the closest point will be 51 feet. The distance from the future Mitchell Road alignment to the parking at the closest point will be 32 feet. Both distances allow for adequate green space and landscaping. City Council Meeting—September 5,2000 Buca Addition Page 2 • Minimum Lot Size in a Community Commercial Zoning District from 5 acres to 1.53 acres The existing site is less than 5 acres. When this site was rezoned to Community Commercial in 1976, it was based on a 21 acre PUD and rezoned to Community Commercial. This waiver does not allow development in excess of the original approval. The requested waivers are created due to condemnation of land for Highway 212 construction They are consistent with waivers granted to other sites affected by the highway construction. Attachments 1. Resolution for PUD Concept Review 2. Resolution for Preliminary Plat 3. Community Planning Board Minutes dated August 14, 2000 4. Staff Report dated August 11, 2000 BUCA ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF BUCA ADDITION FOR BUCA DI BEPPO,INC. 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 Buca Addition PUD Concept by Buca di Beppo, Inc., 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 September 5,2000. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Buca Addition,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 21,2000. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated.August 14,2000. ADOPTED by the City Council of the City of Eden Prairie this 5th day of September 2000. Jean L.Harris,Mayor ATTEST: Kathleen A.Porta, City Clerk Exhibit A Buca Addition Legal Description: Lot 2,Block 1, Edenvale Recreation Center 2nd Addition, except that part showen as Parcel 92 on Minnesota Department of Transporation Right of Way Plat No. 27-91; AND That part of Lot 1,Block 1, lying soutehrly of the easterly extension of the north line of Lot 2,Block 1,the norhterly line of Lot 2,Block 1, extended easterly to a point of interesection with the easterly line of Lot 2, Block 1, extended northerely all in Edenval Recreaton Center 2nd Additon; AND The West 30.00 feet, as measured at a right angle of Lot 3,Block 1,Edenvale Recreation Center 2nd Addition, according to the recorded plat thereof,Hennepin County,Minnesota; AND That part of Outlot B, Eden vale Recreation Center 2nd Addition and Lots 1 and 2, Eden vale Recreation Center Addition, described as beginning at the southeast corner of the west 30.00 feet of Lot 3, Block 1, Edenvale Recreation Center 2nd Addition; thence South 3 degrees 19 minutes 46 seconds West, assumed bearing along the southerly extension of the east line of said West 30.00 feet of Lot 3, a distance of 61.23 feet; thence North 87 degrees 10 minutes 45 seconds West a distance of 144.75 feet; thence North 2 degrees 49 minutes 15 seconds East a distance of 19.00 feet; thence North 87 degrees 10 minutes 45 seconds West a distance of 207.24 feet to a line bearing South 3 degrees 19 minutes 46 seconds West from Right of Way Boundary Corner B29 as shown on Minnesota Department of Transportation Right of Way Plat No. 27-91; thence North 3 degrees 19 minutes 46 seconds East a distance of 47.68 feet to said Point B29; thence southeasterly a distance of 15.32 feet along the boundary of said Right of Way Plat being a non-tangential curve concave to the northeast having a radius of 50.00 feet, a central angle of 17 degrees 53 minutes 29 seconds East to Right of Way Boundary Corner B30 of said Right of Way Plat; thence South 86 degrees 40 minutes 14 seconds East along the boundary of said Right of Way Plat a distance of 352.15 feet to the point of beginning. • BUCA ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF BUCA ADDITION FOR BUCA DI BEPPO,INC. BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of the Buca Addition for Buca di Beppo,Inc., dated August 21,2000 and consisting of 1.53 acres into 1 lot, 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 5th day of September 2000. Jean L. Harris, Mayor ATTEST: • Kathleen A. Porta, City Clerk J COMMUNITY PLANNING BOARD MINUTES AUGUST 14,2000 PAGE 13 C. BUCA ADDITION Vicky Vandell of Landform Engineering said the proposal included waivers for • the front yard setback from 35 feet to 10 feet, 17.5 feet to 10 feet, and a sign height from 20 feet to 40 feet. The front yard setbacks for Mitchell Road and Highway 212 are justified with the new construction of Highway 212. Coniferous and deciduous screening will be used.The sign height waiver is because there is almost no sign visibility;with a 40 foot high sign they could get some sign visibility. There is also a waiver of minimum lot size from 5 acres to 1.53 acres. Clinton asked whether signage identification was a big issue. Vandell said they would like to see it happen. There is an existing sign; because of rearrangement of the parking they will have to move the sign somewhere; Mitchell Road and Highway 5 is available,but then it would go 7-10 feet lower than Highway 212. Flemming said staff recommends approval. The waivers are consistent with the exception to the height waiver to the sign; additional signage will be provided by MNDOT. Signage should remain consistent with others along the roadway and the City Code. Dale Hansen of 6923 Golden Berry Road said he agreed with granting a waiver for the sign variance. Highway 212 signage is not good or visible for businesses. Brooks said parking has been an issue at Buca and asked how this mitigated the problem. Flemming said the plan does meet city code. They are leasing parking in excess of .the code on an adjacent site and will continue to lease parking. Stock asked for an explanation of the setback waivers. Flemming said the front yard setbacks will be at 10 feet. The right of way was taken based on Highway 212 improvements; the city has approved other projects at this distance to accommodate the improvements. MOTION by Nelson, second by Clinton to close the public hearing. Motion carried 7-0. MOTION by Nelson, second by Clinton to approve the PUD concept review based on the staff report including the parking setbacks; and minimum lot size. Koenig asked whether cash park fees were paid. COMMUNITY PLANNING BOARD MINUTES AUGUST 14,2000 PAGE 14 Fox said they were paid when Mr. Steak was built there many years ago. Nelson expressed concern regarding waivers for sign height from 20 to 40 feet. There seems to be adequate reasons for an increase in sign height. Nelson amended the motion to include the approval of a sign height waiver from 20' to 40.' Stoelting said he had some concerns about the maximum sign height. Highway 212 is under construction; a 20 foot high sign placement is barely visible; he asked whether there were other alternatives to raising sign height requirements along Highway 212. Nelson said she understood that ground level at that corner is lower than grade; this should be looked at as an individual case and should not set precedence. Clinton concurred.He cited an example of a tire center on Flying Cloud.NTS sign is not visible from behind trees. Franzen said if the Board makes an exception, they must describe reasons why they are granting an exception. He expressed concern about receiving a deluge of requests. Commercial developments are destinations. Everyone will know where • Buca is located. They purchased the property knowing the construction would eventually take place. The City, as a whole,must have controlled signage. Corneille concurred. Nelson said there is lower topography in the southwest corner creating a hardship due to the change of highway height. Franzen said they are also asking for additional wall signs allowed by City Code. Perhaps there could be a trade off to allow less wall signage and a taller monument sign. The motion failed 3-3. Koenig said she was in favor of the expansion not in favor of the waiver. Brooks said they should see an alternative plan for the sign. MOTION by Stoelting, seconded by Koenig to approve the PUD with all waivers except an increase in the sign height and subject to recommendations in the staff report. Motion carried 6—1. 7 STAFF REPORT TO: Community Planning Board FROM: Krista Flemming,Planner I . DATE: August 11,2000 SUBJECT: Buca di Beppo Addition • APPLICANT: Buca di Beppo,Inc. OWNER: Mitchell Road Partners LOCATION: 7711 Mitchell Road REQUEST: 1. Planned Unit Development Concept Review on 1.53 acres 2. Planned Unit Development District Review with waivers on 1.53 acres 3. Zoning District Amendment in the Community Commercial Zoning District on 1.53 acres 4. Site Plan Review on 1.53 acres 5. Preliminary Plat of 1.53 acres into 1 lot ',. 00c,,c1"" O4 13) ,NOOMINIUM 9 t:}4 :_ • �• _— — - ,*� ~ - r / s; tiffs -�. \ �11 �r f7)' �� S35rS0O 1 f. • 1�y2e-�7) 1 - ( A 604 Sm: Is" T. „ il•A—OHS liRff -- - ---- -¢a14 / 2Xo K! 4YSr +r I so 1 S'�r 'r�/t'�''r�Lt r :,.:,;,,T ifil Qoh. t7) w� _ (37) �,;rNI /N,91/S R/4L -+ �1 145)11. 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In 1976,the site was zoned Community Commercial for a 4,338 sq. ft.restaurant as part of the 21 acre Edenvale Family Recreation Center project. In 1994,the City approved a plan for the Buca di Beppo restaurant. This plan included a 4,206 sq. ft. addition to the building. PRELIMINARY PLAT The current site consists of 1.11 acres. Due to the widening of Highway 212 and Mitchell Road, a portion of this land was acquired by Mn/DOT through condemnation proceedings. In order to provide Buca di Beppo with the adequate area to maintain zoning requirements, a land trade is proposed between the site owner and Mn/DOT through the City. The land area to be conveyed to the landowner is .42 acres for a total site area of 1.53 acres. SITE PLAN The site is 1.53 acres. The existing building is 8,544 sq. ft. with 7,404 sq. ft. on the first floor and 1,140 sq. ft. on the second floor. The proposed project is for a 1,507 sq. ft. addition on the east side of the building with a parking lot reconfiguration. The total building size will be 10, 051 sq. ft. City Code permits a base area ratio of 20%and a maximum floor area ration of 40%for a multi-story commercial building. The project meets code at 13%base area ratio and 15%floor area ratio. The required parking for the site is based on the number of seats in the restaurant. There are 316 seats proposed,which requires 105 parking spaces. The plan meets the code requirement. Buca also leases temporary, offsite parking spaces from the adjacent property owner to the east to accommodate overflow parking. PLANNED UNIT DEVELOPMENT WAIVERS Buca di Beppo is requesting the following waivers: • Front Yard Parking Setback from 35 feet to 10 feet along Highway 212 and from 17.5 feet to 10 feet along Mitchell Road The development of Highway 212 caused the taking of a significant portion of the site for adjacent right-of-way. The distance from the future Highway 212 off-ramp to the parking at the closest point will be 51 feet.The distance from the future Mitchell Road alignment to the parking at the closest point will be 32 feet. Both distances allow for adequate green space and 2 Staff Report—Buca di Beppo Addition August 11,2000 landscaping. • Maximum monument sign height from 20 feet to 40 feet The site has good visibility from Mitchell Road and Highway 212. Mn/DOT will be installing blue signs at the exits, which will identify Buca di Beppo as a restaurant. Wall signs are currently located on the building. Approving a taller sign along Highway 212 will set a precedent for all businesses adjacent to the road improvements;therefore, staff does not support the waiver. • Minimum Lot Size in a Community Commercial Zoning District from 5 acres to 1.53 acres The existing site is less than 5 acres. When this site was rezoned to Community Commercial in 1976,it was based on a 21 acre PUD and rezoned to Community Commercial. This waiver does not allow development in excess of the original approval. DRAINAGE Storm water will be treated in offsite NURP ponds. The storm sewer design should be revised to utilize an easement over the existing storm sewer off the property or design an alternate for the storm sewer discharge. LANDSCAPE PLAN The landscaping required for the gross square footage is 31 caliper inches. The plan provides 56.5 caliper inches to meet code. ARCHITECTURE The exterior materials will consist of 85%brick,which meets City Code. UTILITIES Utilities are currently connected to the site. SUMMARY Buca's addition is a permitted use within the Community Commercial zoning district. The requested waivers are created due to condemnation of land for Highway 212 construction. Staff supports the project waivers with the exception of the increased sign height. 3 11 Staff Report—Buca di Beppo Addition August 11,2000 STAFF RECOMMENDATION Staff recommends approval of the following: • Planned Unit Development Concept Review on 1.53 acres • Planned Unit Development District Review with waivers on 1.53 acres • Zoning District Amendment in the Community Commercial Zoning District on 1.53 acres • Site Plan Review on 1.53 acres • • Preliminary Plat of 1.53 acres into 1 lot This approval is based on plans dated July 29, 2000, the Staff Report dated August 11, 2000, and the following conditions: 1. Prior to City Council review, the proponent shall: A. Revise the sign height to a 20 foot maximum height. B. Continue the brick band on the screen wall instead of rockface block. C. Submit a legal description for the area to be conveyed by Mn/DOT. D. Revise the storm sewer design to utilize an easement over the existing storm sewer off the property or design an alternate for the storm sewer discharge. 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 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. B. Submit a landscaping bond in accordance with City Code. C. 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: • Front Yard Parking Setback from 35 feet to 10 feet along Highway 212 and from 17.5 feet to 10 feet along Mitchell Road • Minimum Lot Size in a Community Commercial Zoning District from 5 acres to 1.53 acres 4 1 � CITY COUNCIL AGENDA DATE: 09/05/00 SECTION: Public Hearings SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R.Uram Proposed Refunding of Parkway Apartments V1 /1.6. , Housing Revenue Bonds Requested Action Move to: • Close the public hearing; and • Approve the Resolution adopting a program under Minnesota Statutes, Chapter 462C, authorizing the issuance of up to $12,000,000 in aggregate principal amount of its multifamily housing revenue refunding bonds (GNMA Collateralized Loan — Parkway Apartments Project), Series 2000A and up to $1,500,000 in aggregate principal amount of its taxable multifamily housing revenue refunding bonds (GNMA Collateralized Loan — Parkway Apartments Project), Series 2000B, approving the forms thereof, and authorizing the execution of various documents relating thereto. Background Information: Section 147(f) of the Internal Revenue Code of 1986, requires that the Council hold a public hearing for the purpose of receiving comments on the proposed issuance of up to $13,500,000 principal amount of the housing revenue bonds to refund the housing,revenue bonds issued by the City in 1990 on behalf of Welsh Parkway Apartments for the development known as Parkway Apartments. The proposed refunding would reduce debt service costs for the development. Representatives of the developer (HR Parkway L.L.C.) will be available at the Council meeting to answer questions about the development and the refunding. The Council is also being asked to adopt a resolution authorizing the refunding and the issuance of refunding bonds. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2000- A RESOLUTION OF THE CITY OF EDEN PRAIRIE, MINNESOTA ADOPTING A PROGRAM UNDER MINNESOTA STATUTES, CHAPTER 462C, AUTHORIZING THE ISSUANCE OF UP TO $12,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF ITS MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (GNMA COLLATERALIZED LOAN — PARKWAY APARTMENTS PROJECT), SERIES 2000A AND UP TO $1,500,000 IN AGGREGATE PRINCIPAL AMOUNT OF ITS TAXABLE MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (GNMA COLLATERALIZED LOAN — PARKWAY APARTMENTS PROJECT), SERIES 2000B, APPROVING THE FORMS THEREOF, AND AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS RELATING THERETO. WHEREAS, the City of Eden Prairie, Minnesota (the "City") is duly organized as a statutory city under the Constitution and the laws of the State of Minnesota; and WHEREAS, pursuant to the Minnesota Municipal Housing Act, Minnesota Statutes Chapter 462C (the "Act"), the City is authorized to carry out programs for the financing of multifamily housing for persons of low and moderate income and to authorize its housing and redevelopment authority to act on its behalf; and WHEREAS,the City Council(the"City Council")of the City has prepared the Housing Plan for Local Housing for the City of Eden Prairie, Minnesota (the "Housing Plan"), which Plan was adopted pursuant to the Act on February 2, 1982; and WHEREAS, the City has previously issued its Multifamily Housing Revenue Refunding Bonds (Welsh Parkway Apartments Limited Partnership Project-FHA Insured Mortgage Loan), Series 1990-A, issued originally in the aggregate principal amount of $13,795,000, and its Taxable Multifamily Housing Revenue Bonds (Welsh Parkway Apartments Limited Partnership Project-FHA Insured Mortgage Loan), Series 1990-B, issued originally in the aggregate principal amount of $1,055,000 (collectively, the "Prior Bonds") to refinance the acquisition, construction and equipping of the Parkway Apartments, a 375-unit multifamily rental facility located at 13775, 13800, 13875 and 13900 Chestnut Drive and 13945 Anderson Lakes Parkway in the City(the"Project"); and 1 WHEREAS, HR Parkway LLC, a Minnesota limited liability company and the current owner of the Project (the `Borrower") has proposed a program (the "Program") for the issuance of bonds to refund the Prior Bonds; and WHEREAS, the Act requires adoption of a housing fmance program after a public hearing held thereon for which notice was published in a newspaper of general circulation in the City at least fifteen(15) days in advance of the hearing; and WHEREAS, the City on September 5, 2000 did conduct a public hearing on the Program, including the issuance of the City's revenue bonds to refund the Prior Bonds, after notice of such hearing was published in a newspaper of general circulation in the City at least fifteen(15) days in advance of the hearing, and at which hearing members of the public were provided an opportunity to express their views with respect to the Program and the refmancing of the Project with the proceeds of the City's revenue bonds; and WHEREAS, the Program was submitted to the Metropolitan Council on or prior to the date of publication of notice of the public hearing on such Program, and the Metropolitan Council was afforded an opportunity to present comments at the public hearing, all as required by the Act; and 'WHEREAS, the City desires to facilitate the development of rental housing within the community, encourage the preservation of affordable housing opportunities for residents of the City, encourage the preservation of housing facilities designed for occupancy by persons of low or moderate income within the boundaries of the City, and the maintenance of affordable units in the Project would assist the City in achieving these objectives; and WHEREAS, the Program will result in the continued provision of decent, safe and sanitary rental housing opportunities to persons within the City; and WHEREAS, this City Council has been advised that conventional, commercial financing to pay the capital costs of the Program is available only on a limited basis and at such high costs of borrowing that the economic feasibility of operating the Project would be significantly reduced, but the City Council has been further advised that with the aid of municipal financing and resulting low borrowing costs, the Project is economically more feasible; and WHEREAS, the staff of the City considers the proposed Program to be in furtherance of the housing policies of the State of Minnesota as stated in the Act and of the City as stated in the Housing Plan; WHEREAS, the Project is to be refmanced and the Prior Bonds are to be refunded from the proceeds of Multifamily Housing Revenue Refunding Bonds (GNMA Collateralized Mortgage Loan—Parkway Apartments Project), Series 2000A in the aggregate principal amount not to exceed$12,000,000 (the "Series A Bonds") and Taxable Multifamily 3 2 Housing Revenue Refunding Bonds (GNMA Collateralized Mortgage Loan — Parkway Apartments Project), Series 2000B in the aggregate principal amount not to exceed $1,500,000 (the "Series B Bonds", and together with the Series A Bonds, the `Bonds"),to be issued by the City, and the revenues from the Project shall be pledged for the security of and payment for the Bonds (except as may be otherwise set forth in the Indenture hereinafter referred to); and WHEREAS, the Bonds will be issued under a Financing Agreement, dated as of October 1, 2000 (the "Financing Agreement"), between the City, the Borrower, U.S. Bank Trust National Association, as trustee (the "Trustee"), and Prudential Huntoon, Paige Associates Ltd., as lender (the "Lender"), and an Indenture of Trust, dated as of October 1, 2000 (the "Indenture"), between the City and the Trustee, and will be secured primarily by a "fully-modified pass-through" mortgage-backed security guaranteed as to timely payment of principal and interest by the Government National Mortgage Association ("GNMA"), of which $12,875,000 in aggregate principal amount is owned by and registered in the name of First Trust National Association (now known as U.S. Bank Trust National Association), as trustee for the Prior Bonds (the "Prior Trustee"), issued previously by the Lender with respect to the Prior Bonds (the "GNMA Security"), and which is backed by a mortgage loan to the Borrower in the original principal amount of $15,200,000 (the "Mortgage Loan"), which is insured by the Federal Housing Administration ("FHA") of the U.S. Department of Housing and Urban Development; and WHEREAS, said Bonds and the interest on said Bonds shall be payable solely from the revenues pledged therefor and the Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation nor give rise to a pecuniary liability of the City or a charge against its general credit or assets and shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City other than the City's interest in said Project; and WHEREAS, forms of the following documents (including the exhibits referred to therein) have been submitted to the City: a. The Indenture to be made and entered into among the City, the Borrower and the Trustee providing for the issuance of the Bonds, prescribing the form thereof, pledging the trust estate described therein for the security of the Bonds, and setting forth proposed recitals, covenants and agreements by the parties with respect thereto; b. The Financing Agreement to be made and entered into among the City, the Borrower, the Trustee and the Lender providing for the registration, transfer and delivery of the GNMA Security, requiring the Borrower to make all payments due on the Mortgage Loan, and setting forth proposed recitals, covenants and agreements by the parties with respect thereto; 3 c. The Bond Purchase Agreement, to be dated as of the date of execution thereof(the"Bond Purchase Agreement"),by and among the City,the Borrower,U.S. Bancorp Piper Jaffiay Inc. and Miller & Schroeder Financial, Inc. (collectively, the "Underwriter")providing for the purchase of the Bonds by the Underwriter; d. A Second Amendment to Regulatory Agreement between the Borrower and the City(the "Regulatory Agreement Amendment"); e. A Preliminary Official Statement (the "Preliminary Official Statement"). The agreements and amendments described and referred to in paragraphs a through d above shall hereinafter sometimes be referred to collectively as the "Agreements." NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: Section 1. It is hereby found, determined and declared that: a. The preservation of the quality of life in the City is dependent upon the maintenance, provision, and preservation of an adequate housing stock which is affordable to persons and families of low or moderate income, that accomplishing this is a public purpose, and that many would-be providers of housing units in the City are either unable to afford mortgage credit at present market rates of interest or are unable to obtain mortgage credit because the mortgage credit market is severely restricted; b The development and implementation of the Program, and the issuance and sale of the Bonds by the City, and the execution and delivery of the Agreements and the performance of all covenants and agreements of the City contained therein and of all other acts and things required under the Constitution and the laws of the State of Minnesota to make the Agreements and the Bonds valid and binding obligations of the City in accordance with their terms, are authorized by the Act; c. The implementation of the Program for the purposes and in the manner contemplated by the Agreements conforms or will conform to all pertinent statutes, regulations and ordinances of the State of Minnesota and the City; d. It is desirable that the Bonds, in the principal amount not to exceed $13,500,000, be issued by the City on the terms set forth in the Indenture and the Bond Purchase Agreement; e. The payments required or provided for by the Agreements are intended to produce income and revenues sufficient to provide for the payment when due of principal of and interest on all Bonds issued under the Indenture, and payments are 5 4 required to be made for such expenses of, among other things, administration of the Program, as will be necessary to protect the interests of the City and the Trustee; f. Pursuant to the provisions of the Act, and as provided in the Agreements, the Bonds shall be retired solely from the revenues of the Project; g. No litigation is pending or, to the best knowledge of the members of the City Council or any officers of the City, 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 proposed Agreements, or questioning the appropriation of revenues for the payment of the Bonds or the right of the City to lend the proceeds of the Bonds the Borrower; h. To the best of its knowledge, neither the execution and delivery of the Agreements or the Bonds, the consummation of the transactions contemplated hereby and thereby, nor the fulfillment of or compliance with the terms, conditions or provisions of the Bonds, this Agreement or the Indenture conflict with or result in a material breach of any of the terms, conditions or provisions of any constitutional provisions or statute of the State, or of any agreement, instrument,judgment, order or decree to which the City is now a party or by which it is bound, or constitute a material default under any of the foregoing; i. The City will, in reliance upon information furnished by the Borrower, duly execute and cooperate in the filing of, simultaneously with the issuance of the Bonds, a report on Internal Revenue Service Form 8038; and j. Except as otherwise provided or contemplated in the Indenture, the City will not make any pledge or assignment of the Trust Estate, other than the pledge and assignment thereof under the Indenture. Section 2. The Program, attached hereto as Exhibit A,is hereby adopted. Section 3. The Agreements in substantially the forms submitted to the City at this meeting are hereby approved. Such of the Agreements as require the execution of the City are hereby authorized and directed to be executed or accepted, as the case may be, and delivered in the name and on behalf of the City by its Mayor and its City Manager, or any of their assistants, upon execution thereof by the parties thereto as appropriate. The Bonds and the Agreements shall be executed and delivered as provided therein. Copies of all the documents necessary for the consummation of the transactions described herein and in the Agreements shall be delivered, filed and recorded as provided herein and in the Agreements. (D 5 Section 4. The Bonds and the Agreements shall be executed substantially in the forms submitted,but with such additions or deletions as the Mayor and its City Manager may approve, as evidenced by their execution thereof. Section 5. In anticipation of the collection of revenues of the Project, there shall be issued forthwith the Bonds, in two series, in the aggregate principal amount not to exceed $13,500,000, which issuance is approved, substantially in the forms and upon the terms set forth in the Indenture, the terms of which are for this purpose incorporated in this Resolution and made a part hereof as if fully set forth herein. The Bonds shall be dated as of the date and shall mature on the dates (subject to redemption on such earlier dates as provided in the Indenture), bear interest and be payable at the rates, all determined as set forth in the Indenture, provided that such rates shall result in an average coupon rate not greater than 7.00%per annum for the tax-exempt Series A Bonds, and not greater than 9.00% per annum for the taxable Series B Bonds. The City may at its option issue additional bonds at a later date to be used to pay or reimburse costs of the Project not paid from the proceeds of the Bonds, in a principal amount not to exceed the amount set forth in the Program. • Section 6. All actions of the members, employees and staff of the City heretofore taken in furtherance of the Program are hereby approved,ratified and confirmed. Section 7. The sale of said Bonds to the Underwriter is hereby approved, and the Bonds are hereby directed to be sold to the Underwriter, upon the terms and conditions set forth in the Bond Purchase Agreement. The Mayor and the City Manager, or any of their assistants, are hereby authorized and directed to prepare and execute by manual or facsimile signature the Bonds as described in the Indenture and to deliver them to the Trustee (which is herein designated as the authenticating agent under Minnesota Statutes, Section 475.55) for authentication and delivery to the Underwriter, together with a certified copy of this Resolution, and the other documents required by the Indenture. Section 8. The Mayor, the City Manager and other officers of the City are authorized and directed to prepare and furnish when the Bonds are issued, certified copies of all proceedings and records of the City relating to the Bonds and such other affidavits and certificates (including but not limited to those required by bond counsel) as may be required to show the facts relating to the legality, tax exemption and marketability of the Bonds as such facts appear from the books and records in said 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 made by the City and contained therein. The Mayor, the City Manager and other officers are further authorized to execute such additional documents as shall be determined by the Mayor to be necessary and desirable to provide for the issuance of the Bonds. Section 9. The City authorizes, consents to, and approves of the distribution of the Preliminary Official Statement relating to the Bonds, substantially in the form on file with 7 6 the City, and its use by the Underwriters in offering the Bonds for sale to the public. Such • Preliminary Official Statement is hereby in all respects approved, ratified, confirmed and designated as a near-final official statement for purposes of Rule 15c2-12 of the Securities and Exchange Commission. The City further authorizes, consents to, and approves of the use by the Underwriter in connection with the sale of the Bonds of a final Official Statement, substantially in the form of the Preliminary Official Statement described above. The Preliminary Official Statement and the Official Statement are the sole materials consented to by the City for use in connection with the offer and sale of the Bonds. The City has not been requested to participate in the preparation of or to review said Official Statements and has not done so, and the City has made no independent investigation of the facts and statements provided herein; accordingly, the City assumes no responsibility with respect thereto, including without limitation as to matters relating to the accuracy, fairness, completeness or sufficiency of said Official Statements. Section 10. All covenants, stipulations, obligations and agreements of the City contained in this Resolution and the aforementioned documents and Agreements shall be deemed to be the covenants, stipulations, obligations and agreements of the City to the full extent authorized or permitted by law, and all such covenants, stipulations, obligations and agreements shall be binding upon the City. Except as otherwise provided in this Resolution, all rights,powers and privileges conferred and duties and liabilities imposed upon the City by the provisions of this Resolution or of the aforementioned documents and Agreements shall be exercised or performed by the City or by such members of the City, or such officers, board, body or agency thereof as may be required or authorized by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation or agreement herein contained or contained in the aforementioned documents or Agreements shall be deemed to be a covenant, stipulation, obligation or agreement of any member of the City, or any officer, agent or employee of the City in that person's individual capacity, and neither the City Council nor any officer or employee executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. No provision, covenant or agreement contained in the aforementioned documents, the Agreements, the Bonds or in any other document related to the Bonds, and no obligation therein or herein imposed upon the City or the breach thereof, shall constitute or give rise to any pecuniary liability of the City or any charge upon its general credit or taxing powers. In making the agreements, provisions, covenants and representations set forth in such documents, the City has not obligated itself to pay or remit any funds or revenues, other than funds and revenues derived from the Project or the proceeds of the Bonds which are to be applied to the payment of the Bonds, as provided therein and in the Indenture. The Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property or funds of the City except the revenue and proceeds pledged to the payment thereof, nor shall the City be subject to any liability thereon. The holders of the Bonds shall never have the 7 right to compel any exercise of the taxing power of the City to pay the outstanding principal of the Bonds or the interest thereon, or to enforce payment thereof against any property of the City. The Bonds shall recite in substance that the Bonds, including the interest thereon, are payable solely from the revenues and proceeds pledged to the payment thereof. The Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. Section 11. Except as herein otherwise expressly provided, nothing in this Resolution or in the aforementioned documents or Agreements expressed or implied is intended or shall be construed to confer upon any person or firm or corporation, other than the City or any holder of the Bonds issued under the provisions of this Resolution, any right, remedy or claim, legal or equitable, under and by reason of this Resolution or any provision hereof, this Resolution, the aforementioned documents and Agreements and all of their provisions being intended to be and being for the sole and exclusive benefit of the City and any holder from time to time of the Bonds issued under the provisions of this Resolution. Section 12. In case any one or more of the provisions of this Resolution, or of the aforementioned documents or Agreements, or of the Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Resolution, or of the aforementioned documents, or of the Bonds, but this Resolution,the aforementioned documents, and the Bonds shall be construed and enforced as if such illegal or invalid provision had not been contained therein. Section 13. The Bonds, when executed and delivered, shall contain a recital that they are issued pursuant to the Act, and such recital shall be conclusive evidence of the validity of the Bonds and the regularity of the issuance thereof, and that all acts, conditions and things required by the laws of the State of Minnesota relating to the adoption of this Resolution, to the issuance of the Bonds and to the execution of the aforementioned documents to happen, exist and be performed precedent to and in the enactment of this Resolution, and precedent to issuance of the Bonds and precedent to the execution of the aforementioned documents have happened, exist and have been performed as so required by law. Section 14. In the event any of the officers of the City authorized to execute documents on behalf of the City under this Resolution shall have resigned or shall for any reason be unable to do so, any member of the City, or officer of the City,is hereby directed and authorized to do so on behalf of the City, with the same effect as if executed by the officer authorized to do so in this Resolution. Section 15. The Borrower has agreed to pay directly or through the City any and all costs incurred by the City in connection with the Bonds and the Program whether or not the Program is carried to completion or whether or not the Bonds or the Agreements are executed. 8 Section 16. Nothing in this Resolution or the documents and Agreements prepared pursuant hereto shall authorize the expenditure of any municipal funds on the Program other than as specified and authorized by the City Council and other than the revenues derived from the Project or otherwise granted to the City for this purpose. Section 17. This Resolution shall take effect immediately. Adopted by the City Council on September 5, 2000. [SEAL] Jean L. Harris, Mayor Attest: Kathleen Porta, City Clerk M1:508924.01 10 9 CITY COUNCIL AGENDA DATE: September 5, 2000 SECTION: Public Hearing SERVICE AREA/DIVISION: ITEM DESCRIPTION: Vacation 00-08 ITEM NO.: Engineering Services Vacation of Conservation/Scenic,Drainage and David Olson Utility Easements over part of Cam Addition OLD (Published 08/24/00-sent to one Property Owner) Requested Action Move to: 1. Close the public hearing 2. Adopt the resolution vacating the conservation/scenic, drainage and utility easements on portons of Lots 8, 9 and 10, Block 1, Cam Addition as described in the resolution. Synopsis The Cam Addition is a relatively new subdivison of 17 lots on West 82nd Street, east of Dell Road. The Property owner has requested this vacation to correct a platting and easement description error. The description of the easement area is larger in Lots 8, 9 and 10, Block 1 than necessary to encompass the required wetland and flood storage areas. The requested alteration will reduce the easement area to provide sufficient rear yard activity area without compromising conformance with wetland restrictions or flood storage requirements. Attachments Vacation Drawings: Lots 8, 9 and 10, Block 1, Cam Addition Plat of Cam Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MJNNESOTA RESOLUTION NO. VACATION OF CONSERVATION/SCENIC,DRAINAGE AND UTILITY EASEMENTS OVER PART OF CAM ADDITION WHEREAS, The City of Eden Prairie has certain conservation/scenic, drainage and utility easements described as follows: • That part of the area for drainage and utility purposes as dedicated on the plat of Cam Addition and for conservation/scenic easement purposes as recorded in Hennepin County, Minnesota, over Lots 8, 9 and 10 Block I of said Cam Addition described as follows: Commencing at the northeast corner of Lot 8; thence South 9 degrees 15 minutes 02 seconds West, along the east line of said Lot 8, a distance of 77.74 feet; thence South 85 degrees 16 minutes 55 seconds West a distance of 5.15 feet to a point on the west line of the East 5 feet of said Lot 8, said point being the point of beginning of the area to be described; thence South 85 degrees 16 minutes 55 seconds West a distance of 56.10 feet; thence North 82 degrees 54 minutes 51 seconds West a distance of 24.75 feet to the east line of the West 5 feet; thence South 10 degrees 59 minutes 00 seconds West, along said • east line a distance of 26.45 feet; thence North 43 degrees 30 minutes 25 seconds East a distance of 23.98 feet; thence South 88 degrees 47 minutes 01 seconds East a distance of 45.20 feet; thence South 75 degrees 38 minutes 20 seconds East a distance of 21.77 feet to the west line of the East 5 feet of said Lot 8; thence North 9 degrees 15 minutes 02 seconds East, along said west line a distance of 16.72 feet to the point of beginning. Commencing at the northeast corner of Lot 9; thence South 10 degrees 59 minutes 00 seconds West, along the east line of said Lot 9, a distance of 67.11 feet; thence South 73 degrees 19 minutes 36 seconds West a distance of 5.65 feet to a point on the west line of the East 5 feet of said Lot 9, said point being the point of beginning of the area to be •described; thence South 73 degrees 19 minutes 36 seconds West a distance of 31.25 feet; thence North 39 degrees 22 minutes 21 seconds West a distance of 10.69 feet; thence North 84 degrees 33 minutes 50 seconds West a distance of 14.07 feet; thence North 41 degrees 45 minutes 16 seconds West a distance of 34.46 feet; thence South 39 degrees 40 minutes 03 seconds West, to the east line of the West 5 feet of said Lot 9, a distance of 17.04 feet; thence South 16 degrees 33 minutes 11 seconds West, along said east line a distance of 12.76 feet; thence North 76 degrees 27 minutes 17 seconds East a distance of 22.82 feet; thence South 77 degrees 36 minutes 02 seconds East a distance of 11.10 feet; thence South 40 degrees 44 minutes 21 seconds East a distance of 45.18 feet; thence South 58 degrees 15 minutes 27 seconds East a distance of 20.78 feet to the west line of the east 5 feet of said Lot 8;thence North 10 degrees 59 minutes 00 seconds East, along said west line a distance of 41.99 feet to the point of beginning. Commencing at a point on the east line of Lot 10 said point being the northwest corner of Lot 9; thence South 16 degrees 33 minutes 11 seconds West, along the east line of Lot 10, a distance of 79.05 feet; thence North 0 degrees 13 minutes 53 seconds West a distance of 17.32 feet to a point on the west line of the East 5 feet of said Lot 10, said point being the point of beginning of the area to be described; thence North 0 degrees 13 minutes 53 seconds West a distance of 78.36 feet;thence North 22 degrees 47 minutes 50 seconds East a distance of 33.57 feet; thence North 66 degrees 40 minutes 22 seconds West a distance of 13.78 feet; thence North 10 degrees 41 minutes 24 seconds East a distance of 7.39 feet; thence South 89 degrees 02 minutes 24 seconds East a distance of 16.51 feet; thence North 22 degrees 33 minutes 14 seconds East a distance of 38.55 feet; thence North 20 degrees 41 minutes 01 seconds West a distance of 19.83 feet; thence North 82 degrees 43 minutes 11 seconds West a distance of 24.55 feet; thence North 50 degrees 48 minutes 36 seconds West a distance of 19.41 feet; thence North 4 degrees 46 minutes 03 seconds East a distance of 6.69 feet; thence North 74 degrees 01 minutes 06 seconds West a distance of 18.16 feet; thence South 80 degrees 52 minutes 48 seconds West a distance of 15.01 feet to the east line of the West 5 feet of said Lot 10; thence South 3 degrees 12 minutes 06 seconds West, along said east line a distance of 3.47 feet; thence South 61 degrees 21 minutes 07 seconds East a distance of 47.55 feet; thence South 81 degrees 04 minutes 18 seconds East a distance of 27.88 feet; thence South 3 degrees 39 minutes 02 seconds West a distance of 35.89 feet; thence South 80 degrees 39 minutes 58 seconds West a distance of 18.52 feet; thence South 10 degrees 41 minutes 24 seconds West a distance of 80.54 feet; thence South 12 degrees 49 minutes 03 seconds East a distance of 53.34 feet to the point of beginning. WHEREAS, a public hearing was held on September 5, 2000 after due notice was given to affected property owners and published in accordance with M.S.A. 412.851; WHEREAS, it has been determined that the said conservation/scenic, drainage and utility easements are not necessary and have no interest to the public, therefore, should be vacated. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said conservation/scenic, drainage and utility easements as above described is hereby vacated. 2. The City Clerk shall prepare a notice of completion of proceedings in • accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on September 5, 2000. Jean L.Harris,Mayor ATTEST: SEAL Kathleen A.Porta, City Clerk 3 EASEMENT VACATION ., 3i,u.. / a. . O U TLO T A WET LAND ,,F, ; h1 55.50 / \ Alig. S86'30'42"E EDGE OF / ,� WET LAND .......„` / / . 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N > CITY COUNCIL AGENDA DATE: 09/05/00 SECTION: Public Hearings SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Office of the City Manager Chris Enger, City Manager Consider Cable Franchise Applications vii. G Requested Action Move to: Adopt the Resolution regarding findings of fact with respect to Everest Connections Corporation's proposal for a cable communications,franchise. Move to: Adopt the Resolution regarding findings of fact with respect to WideOpenWest Minnesota LLC's proposal for a cable communications franchise. Synopsis The purpose of this public hearing is to receive input from the cable franchise applicants, WideOpenWest and Everest, and from any other interested parties. Following the close of the public hearing, the City Council may consider approval of a resolution with respect to each applicant's respective qualifications. In the event the City determines that an applicant possesses the requisite legal, technical and financial qualification the City Council may then consider grant of a cable television franchise to the applicant. A cable television franchise ordinance may not be introduced until at least seven (7) days have elapsed from the conduct of the public hearing. Background In the spring of 2000,the City of Eden Prairie was approached by two franchise applicants wishing to compete against Time Warner Cable. In response to these requests, Southwest Suburban Cable Commission(SSCC), of which Eden Prairie is a member, outlined a franchising process in compliance with Minnesota Statute 238. SSCC prepared model franchising documents including a Notice of Intent to Franchise and an Official Application Form. Each of the five member cities of SSCC published the Notice of Intent to Franchise in their newspaper of general circulation. In response to the notice, applications were received from Everest Connections Corporation(Everest) and WideOpenWest(WOW). On July 18, 2000,the City Council set the Public Hearing to Consider Resolutions Regarding Cable Franchise Applicant Qualifications for September 5,2000. On August 3,2000,Brian T. Grogan and Michael R.Nixt of Moss &Barnett(SSCC's legal representative) submitted to the City of Eden Prairie reports regarding WOW's and Everest's qualifications. These reports included resolutions for consideration by the City Council at the September 5 public hearing. On August 9, the SSCC passed resolutions regarding WOW and Everest qualifications. City Council Meeting—September 5,2000 Cable Franchise Applications Page 2 Attachments Resolutions Copies of Southwest Suburban Cable Commission Resolutions Regarding Recommendations with the Respect to Cable Communications Franchises Report Regarding WideOpenWest Minnesota LLC's Proposal for a Cable Communications Franchise,prepared by Brian T. Grogan and Michael R.Nixt of Moss &Barnett Report Regarding Everest Connections Corporation's Proposal for a Cable Communications Franchise,prepared by Brian T. Grogan and Michael R.Nixt of Moss &Barnett Cable Television Franchise Application from WideOpenWest Minnesota, LLC Cable Franchise Agreement Ordinance Draft from WideOpenWest Minnesota,LLC Cable Television Franchise Application from Everest Connections a City of Eden Prairie Hennepin County,Minnesota Resolution No.2000- Regarding findings of fact with respect to WideOpenWest Minnesota LLC's proposal for a cable communications franchise. Recitals 1. Minnesota Statutes § 238.08(a) mandates that the City require a franchise for any cable communication system providing service within the City. 2. Federal law at 47 U.S.C. § 541(a)provides that a city"may not unreasonably refuse to award an additional competitive franchise." 3. The City carefully followed the franchise procedure required by Minnesota Statutes § 238.081 by publishing once each week (June 15, 2000 and June 22, 2000) for two successive weeks in the Eden Prairie News, a Notice of Intent to Franchise a Cable Communications System. 4. The Notice stated all eight(8)criteria outlined in Minn. Stat. §238.081 Subd.2. 5. In addition to the published Notice,the City mailed copies of the Notice of Intent and the Official Application Form to WideOpenWest("WOW"), as well as other interested parties. 6. The City's Official Application Form required that proposals for a cable communications franchise contain responses to each of the items identified in Minnesota Statute § 238.081 Subd. 4. 7. The City's closing date for submission of applications was set at July 14, 2000 which complied with the statutory minimum of 20 days from the date of first publication. 8. The City Council determined to call a Public Hearing to consider the application received from WOW at its regularly scheduled September 5,2000 meeting. 9. All interested parties were provided an opportunity to speak to the City Council. The City Council imposed no time limitations or other constraints on presenters, and interested parties had every opportunity to present information regarding this matter. 10. The City carefully reviewed all information and documentation presented to it regarding WOW's proposal and qualifications to construct, own and operate a cable communications system within the City. 11. The City, as a member of the Southwest Suburban Cable Commission ("Commission"), retained the law firm of Moss &Barnett, a Professional Association to assist the Commission and City in conducting the procedure required under Minnesota Statutes §238.081 and reviewing the application submitted by WOW as well as comments and information from interested parties. 12. Based on information and documentation made available to the City, the report dated August 3, 2000 prepared by Moss&Barrett with respect to WOW's application and the recommendation of the Commission, each of which is hereby incorporated in this Resolution by reference, the City Council has reached conclusions regarding WOW's legal,technical and financial qualifications. NOW THEREFORE,the City hereby resolves as follows: 1. The City hereby fmds that WOW's application of July 14, 2000 complies with the requirements of Minnesota Statute §238.081. 2. The City fmds that WOW possesses the requisite legal, technical and financial qualifications to construct,own and operate a cable communications system within the City. 3. The City has determined that an ordinance awarding a franchise to WOW should be introduced to the City Council for consideration and action. 4. The contents of the franchise should be substantially the same as the franchise ordinance currently held by the City's existing cable television operator, KBL Cablesystems of the Southwest,Inc., doing business as Time Warner Cable ("Time Warner"),throughout the existing term of Time Warner's franchise which will expire on or about December 31,2011. 5. A construction bond should be required of WOW as part of any franchise award to provide the City with security in the event damage to the City's rights-of-way should arise which WOW is unwilling or unable to cure. 6. Subject to all applicable laws, the City shall regulate the provision of cable television services within the City in a competitively neutral manner and shall enforce the terms and conditions of all cable communications franchises in accordance with all applicable laws and regulations in a consistent manner against all franchised cable operators so that no one operator is given an unfair competitive advantage over the other. • 7. The City finds that its actions are appropriate and reasonable in light of the mandates contained in Chapter 238 of Minnesota Statutes and applicable provisions of federal law including 47 U.S.C. § 541(a). PASSED AND ADOPTED this 5"'day of September,2000: CITY OF EDEN PRAIRIE,MINNESOTA By: Jean L.Harris,Mayor ATTEST: By: Kathleen Porta, City Clerk 2 City of Eden Prairie Hennepin County,Minnesota Resolution No.2000- Regarding findings of fact with respect to Everest Connections Corporation's proposal for a cable communications franchise Recitals 1. Minnesota Statutes § 238.08(a) mandates that the City require a franchise for any cable communication system providing service within the City. 2. Federal law at 47 U.S.C. § 541(a)provides that a city"may not unreasonably refuse to award an additional competitive franchise." 3. The City carefully followed the franchise procedure required by Minnesota Statutes §238.081 by publishing once each week (June 15 and June 22, 2000) for two successive weeks in the Eden Prairie News a Notice of Intent to Franchise a Cable Communications System. 4. The Notice stated all eight(8)criteria outlined in Minn. Stat. § 238.081 Subd.2. 5. In addition to the published Notice,the City mailed copies of the Notice of Intent and the Official Application Form to Everest Connections Corporation ("Everest") as well as other interested parties. 6. The City's Official Application Form required that proposals for a cable communications franchise contain responses to each of the items identified in Minnesota Statute § 238.081 Subd. 4. 7. The City's closing date for submission of applications was set at July 14, 2000 which complied with the statutory minimum of 20 days from the date of first publication. 8. The City Council determined to call a Public Hearing to consider the application received from Everest at its regularly scheduled September 5,2000 meeting. 9. All interested parties were provided an opportunity to speak to the City Council. The City Council imposed no time limitations or other constraints on presenters, and interested parties had every opportunity to present information regarding this matter. 10. The City carefully reviewed all information and documentation presented to it regarding Everest's proposal and qualifications to construct, own and operate a cable communications system within the City. 11. The City, as a member of the Southwest Suburban Cable Commission ("Commission") retained the law firm of Moss&Barnett, a Professional Association to assist the Commission and City in conducting the procedure required under Minnesota Statutes §238.081 and reviewing the application submitted by Everest as well as comments and information from interested parties. 12. Based on information and documentation made available to the City, the report dated August 3, 2000 prepared by Moss&Barnett with respect to Everest's application,and the recommendation of the Commission,each of which hereby is incorporated in this Resolution by reference,the City Council has reached conclusions regarding Everest's legal,technical and financial qualifications. NOW THEREFORE,the City hereby resolves as follows: 1. The City hereby fmds that Everest's application of July 14, 2000 complies with the requirements of Minnesota Statute§238.081. 2. The City finds that Everest possesses the requisite legal, technical and fmancial qualifications to construct, own and operate a cable communications system within the City. 3. The City has determined that an ordinance awarding a franchise to Everest should be introduced to the City Council for consideration and action. 4. The contents of the franchise should be substantially the same as the franchise ordinance currently held by the City's existing cable television operator, KBL Cablesystems of the Southwest, Inc., doing business as Time Warner Cable ("Time Warner"), throughout the existing term of Time Warner's franchise which will expire on or about December 31,2011. 5. A construction bond should be required of Everest as part of any franchise award to provide the City with security in the event damage to the City's rights-of-way should arise which Everest is unwilling or unable to cure. 6. Subject to all applicable laws, the City shall regulate the provision of cable television services within the City in a competitively neutral manner and shall enforce the terms and conditions of all cable communications franchises in accordance with all applicable laws and regulations in a consistent manner against all franchised cable operators so that no one operator is given an unfair competitive advantage over the other. 7. The City finds that its actions are appropriate and reasonable in light of the mandates contained in Chapter 238 of Minnesota Statutes and applicable provisions of federal law including 47 U.S.C. § 541(a). PASSED AND ADOPTED this 5th day of September,2000: CITY OF EDEN PRAIRIE,MINNESOTA By: Jean L.Harris,Mayor ATTEST: By: Kathleen Porta, City Clerk (t° 2 Aug-28-00 10:40am From-MOSS i BARNETT +4900 T-928 P.04/09 F-934 Southwest Suburban Cable Commission Resolution No.41/oo Regarding Recommendations with Respect to Everest Connections Corporation's Proposal for a Cable Communications Franchise Recitals 1 The Southwest Suburban Cable Commission ("Commission") consists of the cities of Edina, Eden Prairie, Hopkins, Minnetonka and Richfield, Minnesota ("Member Cities"). 2. The Commission administers and enforces cable communications franchises on behalf of its Member Cities. 3. Everest Connections Corporation ("Everest") has approached each of the Member Cities seeking a cable communications franchise_ 4. Minnesota Statutes § 238.08(a) mandates that the Member Cities require a franchise for any cable communications system providing service within the City 5. Federal law at 47 U_S_C § 541(a) provides that a city "may not unreasonably _ refuse to award an additional competitive franchise." 3. The Commission has advised each of the Member Cities to carefully follow the franchise procedure required by Minnesota Statutes § 238.081 by publishing once each week for two successive weeks in the official newspaper of the respective city a Notice of Intent to Franchise a Cable Communications System. 4. The Commission's proposed Notice stated all eight (8) criteria outlined in, Minnesota Statutes §238 081 Subd. 2. 5. In addition to the published Notice, the Commission advised each Member City to mail copies of the Notice of Intent and the Official Application Form to Everest as well as other interested parties_ 6. Each Member Cities' Official Application Form required that proposals for a cable communications franchise contain responses to each of the items identified in Minnesota Statutes §238.081 Subd 4_ 7. On behalf of the Member Cities, the Commission has carefully reviewed all information and documentation presented to each of the Member Cities regarding Everest's proposal and qualifications to construct, own and operate a cable communications system within the Member Cities. 353151/1 -� Au-28-00 10:41am From-1AOS5 i BARNETT +4900 T-928 P.05/09 F-934 8_ The Commission retained the law firm of Moss & Barnett, a Professional Association to assist the Commission and Member Cities in conducting the procedure required under Minnesota Statutes §238.081 and reviewing the application submitted by Everest as well as comments and information from interested parties_ 9. Based on information and documentation made available to the Commission and Member Cities and the report dated August 3, 2000 prepared by Moss & Barrett• with respect to Everest's application, each of which hereby is incorporated in this Resolution by reference, the Commission has reached recommendations regarding Everest's legal, technical and financial qualifications NOW THEREFORE, the Commission hereby resolves as follows- 1. The Commission hereby finds that Everest's application of July 12, 2000 complies with the requirements of Minnesota Statutes §238.081. . 2. The Commission finds that Everest possesses the requisite legal, technical and financial qualifications to construct, own and operate a cable communications • system within the Member Cities. 3. Based on the financial information provided by Everest,. the Commission recommends that each City condition any franchise award on the provision of a performance bond commensurate with the damages which may result to City property, streets, and rights-of-way. 4. The Commission recommends that each Member City conduct a public hearing regarding Everest's application as required by Minnesota Statutes Chapter 238. 5 The Commission further recommends that upon closing of the public hearing that each Member City take action to adopt a resolution with respect to Everest's qualifications_ 6. The Commission finds that its actions are appropriate and reasonable in light of the mandates contained in Chapter 238 of Minnesota Statutes and applicable provisions of federal law including 47 U.S.C. § 541(a). 353 5 1 11 ,. Aug-28-00 10:41am From-MOSS & BARNETT +4900 T-928 P.06/09 F-934 PASSED AND ADOPTED this Till day of kvq,�5t , 2000. J SOUTHWEST SUBURBAN CABLE COMMISSION By Ron Case, . Its: Chairman ATTEST--" By: �" rn 353240/1 q 3 Auk-20-00 10:41am From-MOSS £ BARNETT 44900 T-928 P.07/09 F-934 Southwest Suburban Cable Commission 11 Resolution No. $ 7/00 !"1 Regarding Recommendations with Respect to WideOpenWest Minnesota, LLC's Proposal for a Cable Communications Franchise Recitals 1. The Southwest Suburban Cable Commission ("Commission") consists of the cities of Edina, Eden Prairie, Hopkins, Minnetonka and Richfield, Minnesota ("Member Cities"). 2. The Commission administers and enforces cable communications franchises on • behalf of its Member Cities. . 3. WideOpenWest Minnesota, I.G.0 ("WOW) has approached each of the Member Cities seeking a cable communications franchise. 4. Minnesota Statutes § 238.08(a) mandates that the Member Cities require a franchise for any cable communications system providing service within the City 5_ Federal law at 47 U.S.C. § 541(a) provides that a city "may not unreasonably refuse to award an additional competitive franchise." 6 The Commission has advised each of the Member Cities to carefully follow the franchise procedure required by Minnesota Statutes § 238.081 by publishing once each week for two successive weeks in the official newspaper of the respective city a Notice of Intent to Franchise a Cable Communications System. 7. The Commission's proposed .Notice stated all eight (8) criteria outlined in Minnesota Statutes §238.081 Subd 2. 8_ in addition to the published Notice, the Commission advised each Member City to mail copies of the Notice of Intent and the Official Application Form to WOW as well as other interested parties. 9. Each Member Cities' Official Application Form required that proposals for a cable communications franchise contain responses to each of the items identified in Minnesota Statutes §238.081 Subd. 4. 10. On behalf of the Member Cities, the Commission has carefully reviewed all . information and documentation presented to each of the Member Cities regarding WOW s proposal and qualifications to construct, own and operate a Cable communications system within the Member Cities. 35324a1 1 Aui-28-00 10:41am From-MOSS i BARNETT +4900 T-028 P.08/02 F-934 1. The Commission retained the law firm of Moss & Barrett, a Professional Association to assist the Commission and Member Cities in conducting the procedure required under Minnesota Statutes §238.081 and reviewing the application submitted by WOW as well as comments and information from interested parties. 12_ Based on information and documentation made available to the Commission and Member Cities and the report dated August 3, 2000 prepared by Moss & Barnett with respect to WOW's application, each of which hereby is incorporated in this Resolution by reference, the Commission has reached recommendations regarding WOWs legal, technical and financial qualifications. NOW THEREFORE, the Commission hereby resolves as follows: 1. The Commission hereby finds that WOWs application of July 12, 2000 complies with the requirements of Minnesota Statutes §238.081 2_ The Commission finds that WOW possesses the requisite legal, technical and financial qualifications to construct, own and operate a cable communications system within the Member Cities. 3 Based on the • financial information provided by WOW, the Commission recommends that each City condition any franchise award on the provision of a performance bond commensurate with the damages which may result to City . property, streets, and rights-of-way. 4 The Commission recommends that each Member City conduct a public hearing regarding WOWs application as required by Minnesota Statutes Chapter 238. 5. The Commission further recommends that upon closing of the public hearing that each Member City take action to adopt .a resolution with respect to WOW's qualifications. • 6 The Commission finds that its actions are appropriate and reasonable in light of the mandates contained in Chapter 238 of Minnesota Statutes and applicable provisions of federal law including 47 U.S.C. § 541(a). 35324w1 // 2 = Aug-28-00 10:41am From-MOSS & BARNETT +4900 T-928 P 09/09 F-934 PASSED AND ADOPTED this Ifi't day of Av akt , 2000 SOUTHWEST SUBURBAN CABLE COMMISSION By: Ron Case, Its: Chairman ATTES _ J By: is Fpart C cry miJ 353151/1 I 3 CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims September 5,2000 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development and Payment of Claims Financial Services/Don Uram Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 90087-90659 Wire Transfers 369-379 Background Information Attachments COUNCIL CHECK SUMMARY 30-AUG-2000 (09:03) DIVISION TOTAL N/A $6,470.07 LEGISLATIVE $379.90 LEGAL COUNSEL $33,079.60 CUSTOMER SERVICE $12,821.78 BENEFITS $9,212.55 TECHNOLOGY $33,608.88 FINANCE $161.23 HUMAN RESOURCES $2,600.08 COMMUNICATIONS $12.25 CITY CLERK . $424.18 HUMAN SERV $3,125.00 RISK MANAGEMENT $100.00 WIRELESS COMMUNICATION $3,336.00 ENGINEERING $5,018.68 INSPECTIONS $170.34 FACILITIES $16,161.16 ASSESSING $491.91 CIVIL DEFENSE $43,780.24 POLICE $14,270.56 FIRE $8,475.61 PARK ADMIN $1,742.75 STREETS/TRAFFIC $219,021.38 PARK MAINTENANCE $30,566.33 STREET LIGHTING $52,013.63 FLEET SERVICES $30,246.98 ORGANIZED ATHLETICS $3,483.54 COMMUNITY DEV $1,411.94 COMMUNITY CENTER $27,956.86 BEACHES $830.81 YOUTH RECREATION $13,006.85 SPECIAL EVENTS $694.22 ADULT RECREATION $4,773.65 RECREATION ADMIN $50.71 ADAPTIVE REC $1,194.29 OAK POINT POOL $1,824.19 ARTS $1,342.20 PARK FACILITIES $225.00 PUBLIC IMPROV PROD $1,128,338.37 EMPLOYEE PAYROLL DEDUCTIONS $255,209.47 CAPITAL IMPROVEMENT PROGRAM $4,653.56 CITY CENTER $5,214.33 SPECIAL REVENUE FUNDS $5,890.07 PRAIRIE VILLAGE LIQUOR STORE $85,091.15 PRAIRIEVIEW. LIQUOR STORE $89,551.22 DEN ROAD LIQUOR STORE $175,389.30 TRUST FUNDS $28,600.00 WATER DEPT $164,415.88 SEWER DEPT $190,338.50 STORM DRAINAGE $6,752.87 AGENCY FUNDS $4,220.87 EQUIPMENT $10,579.13 ADA $182.35 $2,738,512.42* COUNCIL C'rIF'CK REGISTER 30-AUG-2000 (09 r'VF'CK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 90087 $70.02 ACE ICE COMPANY MISC TAXABLE PRAIRE VIEW LIQUOR #3 90088 $40.60 AMERIPRIDE LINEN & APPAREL SER OTHER CONTRACTED SERVICES LIQUOR STORE CUB FOODS 90089 $1,036.05 BELLBOY CORPORATION MERCHANDISE FOR RESALE PRAIRE VIEW LIQUOR #3 90090 $313.00 DAHLHEIMER DISTRIBUTING COMPAN BEER 6/12. PRAIRIE VILLAGE LIQUOR #1 90091 . $1,082.47 DAY DISTRIBUTING BEER 6/12 LIQUOR STORE CUB FOODS 90092 $909.46 EAGLE WINE COMPANY WINE DOMESTIC PRAIRIE VILLAGE LIQUOR #1 90093 $14,236.38 EAST SIDE BEVERAGE COMPANY BEER 6/12 LIQUOR STORE CUB FOODS 90094 $12,465.93 GRIGGS COOPER & CO BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 90097 $14,354.04 JOHNSON BROTHERS LIQUOR CO WINE DOMESTIC LIQUOR STORE CUB FOODS 90100 $1,407.45 LAKE REGION VENDING TOBACCO PRODUCTS LIQUOR STORE CUB FOODS 90101 $6,747.85 MARK VII BEER 6/12 PRAIRE VIEW LIQUOR #3 90102 $199.44 MIDWEST COCA COLA BOTTLING COM MISC TAXABLE LIQUOR STORE CUB FOODS 90103 $563.25 NORTH STAR ICE MISC TAXABLE LIQUOR STORE CUB FOODS 90104 $331.75 PAUSTIS & SONS COMPANY WINE IMPORTED LIQUOR STORE CUB FOODS 90105 $5,917.81 PHILLIPS WINE AND SPIRITS INC MERCHANDISE FOR RESALE LIQUOR STORE CUB FOODS 90108 $507.50 PINNACLE DISTRIBUTING . OPERATING SUPPLIES-GENERAL ' LIQUOR STORE CUB FOODS 90109 $1,360.12 PRIOR WINE COMPANY • WINE DOMESTIC PRAIRIE VILLAGE LIQUOR #1 90110 $8,143.80 THORPE DISTRIBUTING BEER 6/12 LIQUOR STORE' CUB FOODS 90111 $614.40 WINE MERCHANTS INC WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1 90112 $4,603.96 WORLD CLASS WINES INC WINE DOMESTIC PRAIRIE VILLAGE LIQUOR #1 90113 $30.00 ANDERSON, CINDY ADULT/YOUTH/OUTDOOR CTR PROG SPECIAL EVENTS/TRIPS . 90114 $26.00 BECKER, REBECCA LESSONS/CLASSES POOL LESSONS 90115 $80.00 BELLEFEUILLE, JOY SR CITIZENS/ADULT PROG FEES ADULT PROGRAM 90116 $40.00 BRINK, LAUREY SR CITIZENS/ADULT PROG FEES ADULT PROGRAM 90117 $40.00 CARR, CAROL SR CITIZENS/ADULT PROG FEES ADULT PROGRAM 90118 $9.92 CONRAD, SPENCER PHOTO SUPPLIES FIRE 90119 $4.00 EDEN PRAIRIE SENIOR CTR OPERATING SUPPLIES-GENERAL TASTE•ON PRAIRIE 90120 $12:00 ELLIOTT, CARL LESSONS/CLASSES POOL LESSONS ' 90121 $40.00 ENGELMAN, VIRGINIA SR CITIZENS/ADULT PROG FEES ADULT PROGRAM 90122 $49.00 ERICSON, CYNTHIA ADULT/YOUTH/OUTDOOR CTR PROG YOUTH ATHLETICS 90123 $140.00 ESTEP, SHARI OTHER CONTRACTED SERVICES ACCESSIBILITY 90124 $25.00 FRIEDMAN, OLGA LESSONS/CLASSES POOL LESSONS 90125 $82.00 FROEHLE, NOLA _ ADULT/YOUTH/OUTDOOR CTR PROG ARTS CAMP 90126 $40.00 GRAVES, MARIAN SR CITIZENS/ADULT PROG FEES ADULT PROGRAM 90127 $10.00 GREEN, LEO SR CITIZENS/ADULT PROG FEES SENIOR CENTER PROGRAM 90128 $2.00 GROSS, ELIZABETH LESSONS/CLASSES POOL LESSONS 90129 $30.00 HAJT, NANCY ADULT/YOUTH/OUTDOOR CTR PROG SPECIAL EVENTS/TRIPS 90130 $16.00 HANSON, BARBARA ADULT/YOUTH/OUTDOOR CTR PROG DAY CAMP 90131 $140.00 HOLTE, MARY OTHER CONTRACTED SERVICES ACCESSIBILITY 90132 $26.17 HOVEY, BRIAN ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 90133 $80.00 MARQUARDT, HAROLD SR CITIZENS/ADULT PROG FEES ADULT PROGRAM 90134 $15.00 MARROQUIN, KIM ADULT/YOUTH/OUTDOOR CTR PROG • PRESCHOOL PLAYGROUND 90135 $70.00 MCDONALDS OPERATING SUPPLIES-GENERAL ACTIVITY CAMP 90136 $3,389.49 MINNESOTA VIKINGS FOOD SERVICE MISCELLANEOUS GENERAL BUILDING FACILITIES 90137 $137.80 MUELLER, CYNTHIA MILEAGE AND'PARKING RILEY LAKE-BEACH 90138 $573.60 NILSSON, BETH INSTRUCTOR SERVICE ICE ARENA 90139 $371.65 OFFICE MAX OPERATING SUPPLIES-GENERAL COMMUNITY CENTER ADMIN 90140 $82.00 SMITH, LARRY ADULT/YOUTH/OUTDOOR CTR PROG ARTS CAMP 90141 $13.75 SONBARSE, SANTOSH LESSONS/CLASSES POOL LESSONS 90142 $30.00 STEWART, MARGARET ADULT/YOUTH/OUTDOOR CTR PROG SPECIAL EVENTS/TRIPS 90143 $22.00 SVENDSEN, KURT LESSONS/CLASSES ICE ARENA 90144 $80.00 SYVERSON, HARLAN SR CITIZENS/ADULT PROG FEES ADULT PROGRAM 90145 $75.95 ULI-THE URBAN LAND INSTITUTE OPERATING SUPPLIES-GENERAL COMMUNITY DEVELOPMENT 90146 $1,551.86 US POSTMASTER - HOPKINS POSTAGE WATER ACCOUNTING 90147 $2,446.91 US WEST COMMUNICATIONS TELEPHONE RILEY LAKE 3 COUNCIL CHECK REGISTER 30-AUG-2000 (09 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 90150 $429.73 US WEST COMMUNICATIONS TELEPHONE' GENERAL 90151 $50.00 WALMART STORES INC OPERATING SUPPLIES-GENERAL JULY 4TH CELEBRATION 90152 $7.48 WORTHLEY, THOMAS FACILITIES RENTAL ICE ARENA 90153 $202.80 CORDES, JEFFREY MILEAGE AND PARKING TREE DISEASE 90154 $1,475.65 INTERNATIONAL UNION OF OPERATI UNION DUES WITHHELD FD 10 ORG 90155 $46.16 JASMINE Z. KELLER GARNISHMENT WITHHELD FD 10 ORG 90156 $1,280.84 MINN CHILD SUPPORT PAYMENT CTR GARNISHMENT WITHHELD FD 10 ORG 90157 $273.00 NCPERS GROUP LIFE INSURANCE LIFE INSURANCE W/H FD 10 ORG 90158 $20.00 PRECISION CLEANING CASH OVER/SHORT FD 10 ORG 90159 $57,825.68 PUBLIC EMPLOYEES RETIREMENT PERA WITHHELD FD 10 ORG 90160 $50.78 PUBLIC EMPLOYEES RETIREMENT AS PERA WITHHELD FD 10'ORG 90161 $61.00 STOCKER EXCAVATING PLUMBING PERMIT FD 10 ORG 90162 $18.23 TORMOEN, JUDY MILEAGE AND PARKING SENIOR CENTER PROGRAM 90163 $3,368.00 AMERICAN WATER WORKS ASSOCIATI DUES & SUBSCRIPTIONS WATER UTILITY-GENERAL 90164 $5,049.00 AWWA DUES & SUBSCRIPTIONS WATER UTILITY-GENERAL 90165 $332.14 CAR-X MUFFLER AND BRAKE HOPE LOAN RECEIVABLE hope auto repair 90166 $500.00 COLUMBINE TOWNHOMES HOPE LOAN'RECEIVABLE hope auto repair 90167 $350.47 ELK RIVER LANDFILL WASTE DISPOSAL PARK MAINTENANCE 90168 $30.00 M SHANKEN COMMUNICATIONS INC MISC TAXABLE LIQUOR STORE CUB FOODS 90169 $5.00 SCHLEISMAN, LISA OPEN FEES POOL OPERATIONS 90170 $1,917.00 UNIFORMS UNLIMITED NEW CAR EQUIPMENT EQUIPMENT MAINTENANCE 90171 $224.24 US WEST COMMUNICATIONS TELEPHONE PRAIRE VIEW LIQUOR #3 90172 $395.80 ACE ICE COMPANY •MISC TAXABLE PRAIRE VIEW LIQUOR #3 90173 $127.60 ALL SAINTS BRANDS DISTRIBUTING MISC TAXABLE PRAIRE VIEW LIQUOR #3 90174 $160.56 AMERIPRIDE LINEN & APPAREL SER OTHER CONTRACTED SERVICES PRAIRIE VILLAGE LIQUOR #1 90175 $1,845.91 BELLBOY CORPORATION WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1 90177 $262.48 DAHLHEIMER DISTRIBUTING COMPAN BEER 6/12 PRAIRE VIEW LIQUOR #3 90178 $4,129.32 DAY DISTRIBUTING BEER 6/12 PRAIRE VIEW LIQUOR #3 90179 $1,480.23 EAGLE WINE COMPANY WINE DOMESTIC PRAIRIE VILLAGE LIQUOR #1 90180 $18,973.60 EAST SIDE BEVERAGE COMPANY BEER 6/12 PRAIRE VIEW LIQUOR,#3 90182 $168.00 GRAPE BEGINNINGS WINE IMPORTED PRAIRE VIEW LIQUOR #3 90183 $7,933.02 GRIGGS COOPER & CO WINE IMPORTED . LIQUOR STORE CUB FOODS 90185 $29,182.91 JOHNSON BROTHERS LIQUOR CO WINE DOMESTIC PRAIRIE VILLAGE LIQUOR #1 90192 $2,123.21 LAKE REGION VENDING TOBACCO PRODUCTS LIQUOR STORE CUB FOODS 90193 $11,233.58 MARK VII BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 90194' $1,063.61 MIDWEST COCA COLA BOTTLING COM MISC TAXABLE LIQUOR STORE CUB FOODS 90195 $509.70 NORTH STAR ICE MISC TAXABLE LIQUOR STORE CUB FOODS 90196 $2,515.18 PAUSTIS & SONS COMPANY WINE IMPORTED PRAIRE VIEW LIQUOR #3 90197 $12,586.20 PHILLIPS WINE AND SPIRITS INC MERCHANDISE FOR RESALE PRAIRE VIEW LIQUOR #3 90202 $1,173.55 PINNACLE DISTRIBUTING OPERATING SUPPLIES-GENERAL LIQUOR STORE CUB FOODS 90204 $1,204.42 PRIOR WINE COMPANY WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1 90205 $16,178.69 QUALITY WINE & SPIRTS CO WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1 90208 $16,413.39 THORPE DISTRIBUTING BEER 6/12 LIQUOR STORE CUB FOODS 90210 $1,235.48 WINE COMPANY, THE WINE IMPORTED LIQUOR STORE CUB FOODS 90211 $290.00 AARP 55 ALIVE MATURE DRIVING SPECIAL EVENTS FEES SENIOR CENTER PROGRAM • 90212 $12.44 AMOCO OIL COMPANY CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 90213 $826.89 ASPEN WASTE SYSTEMS INC. WASTE DISPOSAL FIRE STATION #3 90214 $5.85 AT&T TELEPHONE GENERAL 90215 $30.90 CASE, RONALD MISCELLANEOUS IN SERVICE TRAINING 90216 $61.47 CRAMPTON, THOMAS OPERATING SUPPLIES-GENERAL SPORTS/SPECIAL CAMPS 90217 $10.00 CODE ADMINISTRATION & INSPECTI LICENSES & TAXES WATER TREATMENT PLANT 90218 $55.00 ICE SKATING INSTITUTE DUES & SUBSCRIPTIONS ICE ARENA 90219 $456.47 JOHNSON BROTHERS LIQUOR CO MERCHANDISE FOR RESALE PRAIRE VIEW LIQUOR #3 90220 $212.99 LEMPESIS, BILL OFFICE EQUIPMENT PRAIRIE VILLAGE LIQUOR #1 90221 $25.00 LOZANO, VICKI LESSONS/CLASSES POOL LESSONS 4 COUNCIL CHECK REGISTER 30-AUG-2000 (09 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 90222 $59.79 METRO SALES INCORPORATED* CONTRACTED REPAIR & MAINT GENERAL 90223 $40.92 MINNCOMM PAGING COMMUNICATIONS WATER SYSTEM MAINTENANCE 90224 $1,542.33 MINNEGASCO GAS FIRE STATION #5 90227 $350.00 PROSOURCE CONFERENCE IN SERVICE TRAINING 90228 $52.00 RICHFIELD, CITY OF OPERATING SUPPLIES-GENERAL EQUIPMENT MAINTENANCE 90229 $367.17 WASTE MANAGEMENT-SAVAGE MN WASTE DISPOSAL PRAIRIE VILLAGE LIQUOR #1 90230 $500.00 3CMA CONFERENCE IN SERVICE TRAINING 90231 $155.00 AWWA CONFERENCE IN SERVICE TRAINING 90232 $1,305.00 EDEN PRAIRIE CENTER EMPLOYEE AWARD HUMAN RESOURCES 90233 $8,490.00 GLEN LAKE GOLF/PRACTICE CENTER INSTRUCTOR SERVICE SPRING SKILL DEVELOP 90234 $100.00 MAXIMUM SOLUTIONS INC CONFERENCE IN SERVICE TRAINING 90235 $614.00 MINNESOTA MULTI HOUSING ASSOC CONFERENCE WATER UTILITY-GENERAL 90236 $825.00 MUHLHAUSER, WENDY INSTRUCTOR SERVICE PRESCHOOL EVENTS 90237 $260.00 PDRMA CONFERENCE IN SERVICE TRAINING 90238 $1,428.64 ROSEMOUNT INC. EQUIPMENT PARTS WATER TREATMENT PLANT 90239 $200.00 SCOTT COUNTY SHERIFFS DEPT DEPOSITS ESCROW 90240 $1,899.00 TEAM LABORATORY CHEMICAL CORPO REPAIR & MAINT SUPPLIES SEWER LIFTSTATION 90241 $650.00 UNIVERSITY OF MINNESOTA CONFERENCE IN SERVICE TRAINING 90242 $2,169.27 ARCH PAGING COMMUNICATIONS WIRELESS COMMUNICATION 90243 $232.76 ASPEN WASTE SYSTEMS INC. WASTE DISPOSAL , EPCC MAINTENANCE 90244 $6.30 AT&T TELEPHONE PRAIRE VIEW LIQUOR #3 90245 $72.00 BCA CJIS ID UNIT PROFESSIONAL SERVICES FINANCE DEPT 90246 $286.00 HOLIDAY INN HOTEL & SUITES TRAVEL IN SERVICE TRAINING 90247 $199.16 IOS CAPITAL RENTALS FIRE 90248 $2,198.34 LIBERTY PROPERTY TRUST ACCTS REC-CUSTOMER WATER DEPT 90249 $28,314.00 METROPOLITAN COUNCIL DUE TO OTHER GOVNT UNITS SAC AGENCY FUND 90250 $40.00 MINNESOTA COMMERCE DEPARTMENT LICENSES & TAXES GENERAL 90251 $6,339.68 MINNESOTA STATE TREASURER BLDG SURCHARGES BUILDING SURCHARGE 90252 $744.91 MINNESOTA VALLEY ELECTRIC COOP ELECTRIC STREET LIGHTING . 90253 $33.50 NATIONAL AUTOMATIC SPRINKLER CASH OVER/SHORT FD 10 ORG 90254 $179.60 PETTY CASH RECORDING DOCUMENT FEE ENGINEERING DEPT 90255 $1,311.50 US WEST COMMUNICATIONS TELEPHONE EQUIPMENT MAINTENANCE 90256 $4,874.26 US WEST COMMUNICATIONS TELEPHONE WATER TREATMENT PLANT 90258 $5.40 US WEST SECURITY DEPT. TELEPHONE POLICE 90259 $1,224.74 AIRTOUCH CELLULAR, BELLEVUE TELEPHONE ENGINEERING DEPT ' 90261 $2,477.90 POSTMASTER POSTAGE COMMUNITY BROCHURE 90262 $35.00 DAVIS, AMY ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 90263 $97.02 ECOLAB INC CONTRACTED REPAIR & MAINT EPCC MAINTENANCE 90264 $85.00 ESBENSEN, JEAN ADULT/YOUTH/OUTDOOR CTR PROG OUTDOOR CTR PROGRAM 90265 $70.00 FISH, MARVIN SPECIAL COMMUNITY EVENTS ADAPTIVE RECREATION 90266 $10.00 GILMER, GLORIA SR CITIZENS/ADULT PROG FEES SENIOR CENTER PROGRAM 90267 $82.00 HAJT, NANCY ADULT/YOUTH/OUTDOOR CTR PROG SPORTS/SPECIAL CAMPS 90268 $70.00 HAYEN, LINDA SPECIAL COMMUNITY EVENTS ADAPTIVE RECREATION 90269 $74.76 HENNEPIN COUNTY TREASURER WASTE DISPOSAL PARK MAINTENANCE 90270 $603.25 HENNEPIN COUNTY WASTE DISPOSAL PARK MAINTENANCE • 90271 $441.60 IKON OFFICE SOLUTIONS* OFFICE EQUIP MAINT WATER UTILITY-GENERAL 90272 $51.20 KRESS, CARLA OPERATING SUPPLIES-GENERAL PROGRAM SUPERVISOR 90273 $80.00 LIONS TAP REC EQUIP & SUPPLIES VOLLEYBALL 90274 $70.00 MILLER, CAROL SPECIAL COMMUNITY EVENTS ADAPTIVE RECREATION 90275 $70.00 NELSON, DOUG SPECIAL COMMUNITY EVENTS ADAPTIVE RECREATION 90276 $13.75 NORTHERN STATES POWER CO ELECTRIC STORMWATER LIFTSTATION 90277 $13.00 PREISS, PHYLLIS SR CITIZENS/ADULT PROG FEES SENIOR CENTER PROGRAM 90278 $32.00 SCHLEIF, MARY LESSONS/CLASSES POOL LESSONS 90279 $28.00 SOVDE, MARK LESSONS/CLASSES POOL LESSONS 90280 $70.00 SPENCER, JOY SPECIAL COMMUNITY EVENTS ADAPTIVE RECREATION 5 COUNCIL CHECK REGISTER 30-AUG-2000 (09 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 90281 $85.00 STEPHENS, SHARON ADULT/YOUTH/OUTDOOR CTR PROG OUTDOOR CTR PROGRAM 90282 $42.00 SULLIVAN, MARY BETH ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 90283 $113.17 WALMART STORES INC REC EQUIP & SUPPLIES SOFTBALL 90284 $190.90 ACE ICE COMPANY MISC TAXABLE PRAIRE VIEW LIQUOR #3 90285 $40.60 AMERIPRIDE LINEN & APPAREL SER OTHER CONTRACTED SERVICES LIQUOR STORE CUB FOODS 90286 $1,365.15 BELLBOY CORPORATION MERCHANDISE FOR RESALE LIQUOR STORE CUB FOODS 90287 $84.00 CONNELLY COMPANIES MISC TAXABLE LIQUOR STORE CUB FOODS 90288 $159.00 DAHLHEIMER DISTRIBUTING COMPAN BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 90289 $7,860.80 DAY DISTRIBUTING BEER 6/12 LIQUOR STORE CUB FOODS 90290 $5,588.08 EAGLE WINE COMPANY WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1 90292 $11,263.40 EAST SIDE BEVERAGE COMPANY BEER 6/12 PRAIRE VIEW LIQUOR #3 90293 $81.00 GRAPE BEGINNINGS WINE DOMESTIC PRAIRE VIEW LIQUOR #3 90294 $22,179.62 GRIGGS COOPER & CO MERCHANDISE FOR RESALE LIQUOR STORE CUB FOODS 90296 $15,826.29 JOHNSON BROTHERS LIQUOR CO WINE DOMESTIC LIQUOR STORE CUB FOODS 90302 $2,020.52 LAKE REGION VENDING TOBACCO PRODUCTS LIQUOR STORE CUB FOODS 90303 $8,650.61 MARK VII BEER 6/12 LIQUOR STORE CUB FOODS 90305 $421.20 NORTH STAR ICE MISC TAXABLE LIQUOR STORE CUB FOODS 90306 $292.00 PAUSTIS & SONS COMPANY WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1 90307 $317.45 PEPSI COLA COMPANY MERCHANDISE FOR RESALE CONCESSIONS 90308 $8,751.82 PHILLIPS WINE AND SPIRITS INC MISC NON-TAXABLE PRAIRE VIEW LIQUOR #3 90312 $1,111.00 PINNACLE DISTRIBUTING MISC TAXABLE PRAIRE VIEW LIQUOR #3 • 90313 $4,345.31 PRIOR WINE COMPANY WINE DOMESTIC LIQUOR STORE CUB FOODS 90314 $6,158.81 QUALITY WINE & SPIRTS CO WINE DOMESTIC PRAIRIE VILLAGE LIQUOR #1 90315 $31,640.60 THORPE DISTRIBUTING BEER 6/12 LIQUOR STORE CUB FOODS 90317 $929.10 WINE COMPANY, THE WINE DOMESTIC LIQUOR STORE CUB FOODS 90318 $823.90 WINE MERCHANTS INC WINE DOMESTIC LIQUOR STORE CUB FOODS 90319 $160.00 RICHARDSON, JIM TRAVEL IN SERVICE TRAINING 90320 $759.00 DAHLGREEN GOLF CLUB SPECIAL EVENTS FEES SENIOR CENTER PROGRAM 90321 $467.64 ASPEN WASTE SYSTEMS INC. WASTE DISPOSAL WATER TREATMENT PLANT 90322 $27.49 AT&T TELEPHONE WATER UTILITY-GENERAL 90323 $8,750.00 BIG LAKE CONSTRUCTION CONTRACTED BLDG REPAIRS WATER WELL #10 90324 $135.00 COMMISSIONER OF TRANSPORTATION" CONFERENCE GENERAL 90325 $120.00 DANIEL, DANIELLE OTHER CONTRACTED SERVICES ARTS CAMP 90326 $100.00 GREAT NORTH, THE DUES & SUBSCRIPTIONS GENERAL 90327 $379.00 HANLON, STEVE OPERATING SUPPLIES-GENERAL - FIRE 90328 $279.37 HOME DEPOT/GECF OPERATING SUPPLIES-GENERAL GENERAL BUILDING FACILITIES 90329 $4,750.00 HOME TEAM PAINTING & DECORATIN OTHER CONTRACTED SERVICES 1999 REHAB .90330 $1,451.00 INTERNATIONAL UNION OF OPERATI UNION DUES WITHHELD FD 10 ORG 90331 $46.16 JASMINE Z. KELLER GARNISHMENT WITHHELD FD 10 ORG 90332 $140,867.02 MEDICA CHOICE COBRA COSTS/REV BENEFITS 90333 $190.00 METRO SALES INCORPORATED* RENTALS FIRE 90334 $1,226.38 MINN CHILD SUPPORT PAYMENT CTR GARNISHMENT WITHHELD FD 10 ORG 90335 $1,061.51 MONTGOMERY, THOMAS SCHOOLS FIRE 90336 $2,043.67 NORTHERN STATES POWER CO PRINCIPAL TRAFFIC SIGNALS 90337 $130.00 OLOFSDOTTER, MARIE OTHER CONTRACTED SERVICES ARTS CAMP 90338 $60.00 PESHECK, PHILIP ADULT/YOUTH/OUTDOOR CTR PROG SPECIAL EVENTS/TRIPS 90339 $276.90 POSTMASTER POSTAGE SENIOR CENTER PROGRAM 90340 $57,257.46 PUBLIC EMPLOYEES RETIREMENT PERA WITHHELD FD 10 ORG 90341 $50.78 PUBLIC EMPLOYEES,RETIREMENT AS PERA WITHHELD FD 10 ORG 90342 $2,511.90 PURCHASE POWER EQUIPMENT PARTS GENERAL 90343 $295.00 KORPACZ COMPANY INC, THE DUES & SUBSCRIPTIONS ASSESSING-ADMIN 90344 $9,360.28 RELIANT ENERGY RETAIL INC. GAS EPCC MAINTENANCE 90345 $90.00 SENSIBLE LAND USE COALITION MISCELLANEOUS IN SERVICE TRAINING 90346 $65.00 SHAVER, LORI OTHER CONTRACTED SERVICES ARTS CAMP 90347 $133.37 STENSGAARD, STEVE AWARDS HORSESHOES COUNCIL CHECK REGISTER 30-AUG-2000 (09 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 90348 $137.16 AIRTOUCH CELLULAR, BELLEVUE TELEPHONE FIRE 90349 $65.00 YAEGER, CHRISTOPHER OTHER CONTRACTED SERVICES ARTS CAMP 90350 $211.90 YEAGER, KELLY MILEAGE AND PARKING TREE DISEASE 90351 $18.01 BRENCKMAN, SARAH MILEAGE AND PARKING RILEY LAKE-BEACH 90352 $100.00 BU$WELL, DAVE LICENSES & TAXES ASSESSING=ADMIN 90353 $43.50 CULLIGAN WATER WATER SOFTNER OUTDOOR CENTER-STARING LAKE 90354 $196.51 GE CAPITAL RENTALS GENERAL 90355 $436.80 GOPHER STATE ONE-CALL INC OTHER CONTRACTED SERVICES WATER SYSTEM MAINTENANCE 90356 $165.00 GOVERNMENT TRAINING SERVICE CONFERENCE COUNCIL 90357 $55.00 SHOLD, KARA OUTDOOR CENTER PARK FACILITIES 90358 $535.00 HENNEPIN COUNTY PUBLIC RECORDS RECORDING DOCUMENT FEE ENGINEERING DEPT 90359 $33,593.35 LANG PAULY GREGERSON AND ROSOW LEGAL SERVICE CRIMINAL PROSECUTION 90360 $240.58 LIONS TAP MISCELLANEOUS FIRE 90361 $114,520.90 NORTHERN STATES POWER CO ELECTRIC TRAFFIC SIGNALS 90367 $42.90 HELLING, LAURIE MILEAGE AND PARKING RECREATION ADMIN 90368 $198.00 RADISSON ARROWWOOD TRAVEL COUNCIL. 90369 $1,270.00 RODGERS & HAMMERSTEIN THEATRE OPERATING SUPPLIES-GENERAL SUMMER THEATRE 90370 $572.82 SCHMITZ, TOM OPERATING SUPPLIES-GENERAL" FIRE . . 90371 $82.00 BLATTI, RHONDA R ADULT/YOUTH/OUTDOOR CTR PROG SPORTS/SPECIAL CAMPS 90372 $30.00 GLEASON, GARY ADULT/YOUTH/OUTDOOR CTR PROG SPECIAL EVENTS/TRIPS 90373 $498.96 GLENWOOD INGLEWOOD OPERATING SUPPLIES-GENERAL FITNESS CENTER 90374 $344.77 HENNEPIN COUNTY I/T DEPT OTHER CONTRACTED SERVICES INFORMATION SYSTEM 90375 $180.00 HERNANDEZ, MARTHA ADULT/YOUTH/OUTDOOR CTR PROG DAY CAMP 90376 $9,576.37 MASSACHUSETTS MUTUAL LIFE INSU BLDG RENTAL PRAIRE VIEW LIQUOR #3 90377 $182,584.00 METROPOLITAN COUNCIL ENVIRONME WASTE DISPOSAL SEWER UTILITY-GENERAL 90378 $55.00 MUHAR, JAN ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 90379 $21.00 NGUYEN, THUHA LESSONS/CLASSES - POOL LESSONS 90380 $11,331.74 NORTHERN STATES POWER CO ELECTRIC WATER TREATMENT PLANT 90381 $200.00 ROSE, GINA OTHER CONTRACTED SERVICES ACCESSIBILITY 90382 $164.00 SHEN, JUNKO ADULT/YOUTH/OUTDOOR CTR PROG DAY CAMP 90383 $12.25 PARAGON CABLE CABLE TV COMMUNITY SERVICES 90384 $2,059.03 US WEST COMMUNICATIONS TELEPHONE FIRE 90385 $5,500.00 A-1 SURFACING SEAL COATING CONTRACTED PARK MAINTENANCE 90386 $160.38 AAA LAMBERTS LANDSCAPE PRODUCT LANDSCAPE MTLS & AG SUPPL STORM DRAINAGE 90387 $90.53 ADT SECURITY SYSTEMS INC REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 90388 $441.50 AIR POWER EQUIPMENT CORPORATIO CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 90389 $591.00 AMERICAN LAMINATING INC OTHER CONTRACTED SERVICES SEWER UTILITY-GENERAL 90390 $414.20 AMERICAN RED CROSS OPERATING SUPPLIES-GENERAL OAK POINT LESSONS 90391 $1,392.00 AMERICAN WATER WORKS ASSOCIATI TRAINING SUPPLIES WATER UTILITY-GENERAL 90392 $86.27 ANCHOR PAPER COMPANY OFFICE SUPPLIES GENERAL 90393 $298.20 ANCHOR PRINTING COMPANY PRINTING ADAPTIVE RECREATION 90394 $605.00 AQUA CITY PLUMBING AND HEATING CONTRACTED BLDG REPAIRS WATER TREATMENT PLANT 90395 $487.80 AQUA ENGINEERING INC CONTRACTED BLDG REPAIRS WATER TREATMENT PLANT 90396 $136.37 ASPEN REACH EQUIPMENT COMPANY EQUIPMENT PARTS EQUIPMENT MAINTENANCE 90397 $43.05 AUTO ELECTRIC SPECIALISTS CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 90398 $182.40 AZTECH EMBROIDERY SERVICES CLOTHING & UNIFORMS COMMUNITY CENTER ADMIN 90399 $85.16 BACHMANS CREDIT DEPT LANDSCAPE MTLS & AG SUPPL 'STORM DRAINAGE 90400 $15,309.90 BARR ENGINEERING COMPANY IMPROVEMENTS TO LAND BAC TREE PLANTING PROJECT 90401 $95.69 BATTERY STORE INC, THE REPAIR & MAINT SUPPLIES WATER TREATMENT PLANT 90402 $1,052.14 BAUER BUILT TIRE AND BATTERY TIRES EQUIPMENT MAINTENANCE 90403 $371.70 BEARCOM CONTRACTED REPAIR & MAINT WIRELESS COMMUNICATION 90404 $2,066.45 BENSHOOF & ASSOCIATES INC DEPOSITS ESCROW 90405 $600.00 BERGIN AUTO BODY INC CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 90406 $5,901.23 BIFFS INC WASTE DISPOSAL PARK MAINTENANCE 90410 $680.00 BIG LAKE CONSTRUCTION CONTRACTED BLDG REPAIRS WATER WELL #10 7 COUNCIL CHECK REGISTER 30-AUG-2000 (09 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 90411 $284.12 BLACKBURN MFG CO REPAIR & MAINT SUPPLIES . WATER UTILITY-GENERAL 90412 $333.14 BLOOMINGTON CHRYSLER EQUIPMENT PARTS EQUIPMENT MAINTENANCE 90413 $394.44 BLOOMINGTON LOCK AND SAFE* REPAIR & MAINT SUPPLIES FIRE STATION #1 90414 $130.00 BLUHM, AMY OTHER CONTRACTED SERVICES VOLLEYBALL 90415 $37.19 BONK, DYLAN OTHER CONTRACTED SERVICES TEEN WORK PROGRAM 90416 $2,937.60 BRAUN INTERTEC CORPORATION PROFESSIONAL SERVICES WM STREET,HIGHVIEW DRIVE & LAK 90417 $138.35 BRO-TEX INC EQUIPMENT PARTS EQUIPMENT MAINTENANCE 90418 $798.75 BUILDING FASTENERS ' CONTRACTED REPAIR & MAINT FIRE 90419 $660.87 C&H DISTRIBUTORS INC CLEANING SUPPLIES WATER TREATMENT PLANT 90420 $577.76 CARIBINER AUDIO VISUAL OTHER CONTRACTED SERVICES SPECIAL INITIATIVES 90421 $35.86 CARLSON TRACTOR AND EQUIPMENT EQUIPMENT PARTS EQUIPMENT MAINTENANCE 90422 $513.29 CATCO CLUTCH & TRANSMISSION SE EQUIPMENT PARTS EQUIPMENT MAINTENANCE 90423 $4,602.05 CDW GOVERNMENT INC. COMPUTERS INFORMATION SYSTEM 90424 $1,984.16 CEMSTONE REPAIR & MAINT SUPPLIES STORM DRAINAGE . 90425 $419.06 CENTRAIRE INC CONTRACTED BLDG REPAIRS POLICE STATION 90426 $1,143.92 CHANHASSEN BUMPER TO BUMPER EQUIPMENT PARTS EQUIPMENT MAINTENANCE 90428 $43,730.00 CHESLEY TRUCK SALES AUTOS CIVIL DEFENSE 90429 $3.75 CHRISTIANSON, ELLEN R. OTHER CONTRACTED SERVICES TEEN WORK PROGRAM 90430 $3,'757.58 CLEAN SWEEP INC OTHER CONTRACTED SERVICES OUTDOOR CENTER-STARING LAKE 90431 $4,070.00 CLOSED CIRCUIT SPECIALISTS INC OTHER CONTRACTED SERVICES EP CITY CTR OPERATING COSTS 90432 $10.00 COMMISSIONER OF TRANSPORTATION OPERATING SUPPLIES-GENERAL ENGINEERING DEPT 90433 $19:00 CONNEY SAFETY PRODUCTS CLEANING SUPPLIES WATER TREATMENT PLANT 90434 $319.30 CONSTRUCTION BULLETIN LEGAL NOTICES PUBLISHING CEDAR FOREST UTILITY CONSTRUCT 90435 $444.87 CONVERGENT COMMUNICATIONS INC. TELEPHONE GENERAL 90436 $75.99 COPY EQUIPMENT INC OPERATING SUPPLIES-GENERAL COMMUNITY DEVELOPMENT 90437 $2,432.94 CORPORATE EXPRESS OFFICE SUPPLIES GENERAL 90438 $66.75 CROWN MARKING INC OPERATING SUPPLIES-GENERAL EP CITY CTR OPERATING COSTS 90439 $10,579.13 CRYSTEEL TRUCK EQUIPMENT INC AUTOS P/W REVOLVING FUND 90440 $531.65 CUB FOODS EDEN PRAIRIE OPERATING SUPPLIES-GENERAL FIRE 90441 . $27.02 CUSTOM HOSE INC. EQUIPMENT PARTS EQUIPMENT MAINTENANCE ' 90442 $19,582.72 CUTLER-MAGNER COMPANY CHEMICALS WATER TREATMENT PLANT 90443 $1,790.35 CY'S UNIFORMS CLOTHING & UNIFORMS POLICE 90444 $284.12 CYBERTROL ENGINEERING EQUIPMENT PARTS WATER TREATMENT PLANT 90445 $36.74 D.J.'S MUNICIPAL SUPPLY CO SMALL TOOLS EQUIPMENT MAINTENANCE 90446 $370.00 DALCO ROOFING & SHEET METAL IN CONTRACTED BLDG REPAIRS WATER'SYSTEM MAINTENANCE 90447 $178.29 DALCO CLEANING SUPPLIES EPCC MAINTENANCE 90448 $42.60 DALE GREEN COMPANY, THE LANDSCAPE MTLS & AG SUPPL STREET MAINTENANCE 90449 $743.42 DANKO EMERGENCY EQUIPMENT CO CONTRACTED REPAIR & MAINT FIRE 90450 $179.10 DARTNELL CORPORATION, THE DUES & SUBSCRIPTIONS WATER UTILITY-GENERAL 90451 $73.97 DAY-TIMER OFFICE SUPPLIES REC SUPERVISOR 90452 $2,579.45 DELL MARKETING L.P. COMPUTERS INFORMATION SYSTEM 90453 $30.00 DEM CON LANDFILL INC WASTE DISPOSAL ROUND LAKE 90454 $200.00 DIETHELM, GARY OTHER CONTRACTED SERVICES CEMETERY OPERATION 90455 $175.50 DILLEY, TODD OTHER CONTRACTED SERVICES SOFTBALL 90456 $221.76 DIRECT IMAGING PRODUCTS OPERATING SUPPLIES-GENERAL GENERAL 90457 $1,055.95 DIRECT SAFETY CO PROTECTIVE CLOTHING WATER TREATMENT PLANT 90458 $707.07 DISPLAY SALES REPAIR & MAINT SUPPLIES POLICE-CITY CENTER 90459 $1,256.00 DLT SOLUTIONS INC. OPERATING SUPPLIES-GENERAL ENGINEERING DEPT 90460 $3,699.20 DPC INDUSTRIES INC CHEMICALS WATER TREATMENT PLANT 90461 $654.52 DRISKILLS NEW MARKET REC EQUIP & SUPPLIES WINTER SKILL DEVELOP 90464 $17,760.75 DRT TRANSPORT OTHER CONTRACTED SERVICES WATER TREATMENT PLANT 90465 $1,320.15 DYNA SYSTEMS CLEANING SUPPLIES WATER TREATMENT PLANT 90466 $2,280.06 EARL F ANDERSEN INC SIGNS TRAFFIC SIGNS 90467 $22.00 EDEN PRAIRIE CHAMBER OF COMMER MISCELLANEOUS IN SERVICE TRAINING 90468 $340.00 EDINA, CITY OF CONST TESTING-SOIL BORING WATER SYSTEM SAMPLE COUNCIL CHECK REGISTER 30-AUG-2000 (09 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 90469 $550.15 ELK RIVER LANDFILL WASTE DISPOSAL PARK MAINTENANCE 90470 $699.62 ELO TOUCHSYSTEMS INC. CONTRACTED REPAIR & MAINT POLICE 90471 $355.30 ELVIN SAFETY SUPPLY INC CONTRACTED REPAIR & MAINT FIRE 90472 $177.69 EMS EQUIPMENT PARTS WATER TREATMENT PLANT 90473 . $5,137.00 ESCOM SOFTWARE SERVICES LTD. CONTRACTED REPAIR & MAINT INFORMATION SYSTEM 90474 $472.86 ESS BROTHERS & SONS INC* REPAIR & MAINT SUPPLIES STORM DRAINAGE 90475 $422.06 HULL'S MANUFACruRING CO INC REPAIR & MAINT SUPPLIES STORM DRAINAGE 90476 $27.14 EXPRESS MESSENGER SYSTEMS INC POSTAGE GENERAL 90477 $934.94 FACILITY SYSTEMS INC FURNITURE & FIXTURES FURNITURE ACCOUNT 90478 $805.35 FERGUSON ENTERPRISES INC. EQUIPMENT PARTS WATER TREATMENT PLANT 90479 $143.31 THERMOGAS COMPANY MOTOR'FUELS ICE ARENA 90480 $416.50 FINLEY BROS INC OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 90481 $159.64 FIRE INSTRUCTORS ASSOCIATION 0 TRAINING SUPPLIES FIRE 90482 $2,039.00 FIRENET SYSTEMS INC OTHER EQUIPMENT WATER TREATMENT PLANT 90483 $111.47 FISHER SCIENTIFIC OPERATING SUPPLIES-GENERAL WATER TREATMENT PLANT 90484 $72.88 FORESTRY SUPPLIERS INC. OPERATING SUPPLIES-GENERAL TREE DISEASE 90485 ,. $116.74 G & K SERVICES DIRECT PURCHASE CLOTHING & UNIFORMS GENERAL BUILDING FACILITIES 90486 $1,544.77 GENUINE PARTS COMPANY REPAIR & MAINT SUPPLIES WATER SYSTEM MAINTENANCE 90489 $628.43 GINA MARIAS INC MISCELLANEOUS FIRE 90490 . $81.20 GIRARDS EQUIPMENT RENTAL GENERAL BUILDING FACILITIES 90491 $210.00 GOAR, THOMAS CONTRACTED EQUIP REPAIR WATER TREATMENT PLANT 90492 $689.00 GREAT AMERICAN BUSINESS PRODUC OPERATING SUPPLIES-GENERAL Parking 90493 $368.96 GREAT AMERICAN LEASING CORP. EQUIPMENT RENTAL GENERAL BUILDING FACILITIES 90494 $285.00 GREENMAN TECHNOLOGIES OF MN IN WASTE DISPOSAL EQUIPMENT MAINTENANCE 90495 $31.25 GROMOV, TIMOTHY OTHER CONTRACTED SERVICES TEEN WORK PROGRAM 90496 $1,855.00 HACH COMPANY OPERATING SUPPLIES-GENERAL WATER TREATMENT PLANT 90497 $3.75 HALLS, KELLY OTHER CONTRACTED SERVICES TEEN WORK PROGRAM 90498 $27,479.28 HANSEN THORP PELLINEN OLSON OTHER CONTRACTED SERVICES COLUMBINE ROAD 90499 $10,208.51 HARTLAND FUEL PRODUCTS LLC MOTOR FUELS EQUIPMENT MAINTENANCE 90500 $2,855.00 HAWKINS WATER TREATMENT GROUP CHEMICALS WATER TREATMENT PLANT 90501 $46.25 HEASER, BRITTANY OTHER CONTRACTED SERVICES TEEN WORK PROGRAM 90502 $1,227.50 HENNEPIN COUNTY TREASURER OPERATING SUPPLIES-GENERAL COMMUNITY DEVELOPMENT 90503 $1,977.50 HENNEPIN COUNTY TREASURER - AC BOARD OF PRISONERS SVC POLICE 90504 $1,214.10 HERTZ EQUIPMENT RENTAL CORP EQUIPMENT RENTAL STREET MAINTENANCE 90505 $523.98 HIRSHFIELDS PAINT MANUFACTURIN OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 90506 $273.00 HOLMES, JOHN CARTER OTHER CONTRACTED SERVICES SOFTBALL 90507 $88.00 HOLMES, TOM OTHER CONTRACTED SERVICES SOFTBALL 90508 $521.32 HRS USA BUILDING MATERIALS OUTDOOR CENTER-STARING LAKE 90509 $203.34 HUMAN SERVICES - EMSOCS OTHER CONTRACTED SERVICES PARK MAINTENANCE 90510 $424.61 HYDROLOGIC REPAIR & MAINT SUPPLIES PARK MAINTENANCE 90511 $233.98 ICI DULUX PAINT CTRS BUILDING MATERIALS ROUND LAKE 90512 $814.98 IDEXX DISTRIBUTION CORP OPERATING SUPPLIES-GENERAL WATER SYSTEM MAINTENANCE 90513 $4,400.00 IMAGEWARE SOFTWARE INC CONTRACTED REPAIR & MAINT INFORMATION SYSTEM 90514 $3,125.00 EDEN PRAIRIE SCHOOL DISTRICT N PROFESSIONAL SERVICES HOUSING, TRANS, & SOC SVC 90515 $977.76 INDUSTRIAL FLOOR MAINTENANCE I EQUIPMENT PARTS EQUIPMENT MAINTENANCE 90516 $968.09 INDUSTRIAL LIGHTING SUPPLY INC BLDG REPAIR & MAINT WATER TREATMENT PLANT 90517 $453.69 INFRATECH REPAIR & MAINT SUPPLIES SEWER UTILITY-GENERAL 90518 $1,562.36 INGRAHAM & ASSOC DESIGN & CONST SMENTANA LAKE PROJECT 90519 $45,758.32 INGRAM EXCAVATING INC BUILDING NESBITT / PRESERVE PARK K16 90520 $2,062.84 INNOVATIVE LANDSCAPE SUPPLY IN LANDSCAPE MTLS & AG SUPPL WATER TREATMENT PLANT 90521 $460.65 INTERNATIONAL SUNPRINTS INC CLOTHING & UNIFORMS YOUTH TENNIS 90522 $104.80 INTERSTATE DETROIT DIESEL INC EQUIPMENT PARTS EQUIPMENT MAINTENANCE 90523 $1,116.57 INVENSYS METERING SYSTEMS OTHER CONTRACTED SERVICES WATER METER READING 90524 $153.79 J H LARSON ELECTRICAL COMPANY OPERATING SUPPLIES-GENERAL TRAFFIC SIGNALS 90525 $449.86 J J KELLER & ASSOCIATES INC TRAINING SUPPLIES WATER UTILITY-GENERAL COUNCIL CHECK REGISTER 30-AUG-2000 (09 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 90526 $54.81 JAMAR TECHNOLOGIES INC OPERATING SUPPLIES-GENERAL ENGINEERING DEPT 90527 $368.67 JANEX INC CLEANING SUPPLIES EPCC MAINTENANCE 90528 $585.19 JAYTECH INC. CONTRACTED BLDG REPAIRS WATER TREATMENT PLANT 90529 $799.76 JOHN HENRY FOSTER MINNESOTA IN CONTRACTED EQUIP REPAIR WATER TREATMENT PLANT 90530 $19.50 JOHNSON, MARTIN OTHER CONTRACTED SERVICES SOFTBALL 90531 $661.62 KNOX BUILDING MATERIALS •REPAIR & MAINT SUPPLIES PARK MAINTENANCE 90532 $368.10 KOCH SULFUR PRODUCTS PATCHING ASPHALT STREET MAINTENANCE 90533 $319.70 KRAEMERS HARDWARE INC REPAIR & MAINT SUPPLIES WATER TREATMENT PLANT 90534 $1,160.96 LAMETTRYS COLLISION CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 90535 $2,023.50 LANO EQUIPMENT INC EQUIPMENT RENTAL STORM DRAINAGE 90536 $53.36 LIGHTNING PRINTING PRINTING TASTE ON PRAIRIE 90537 $2,384.99 LINCOLN EQUIPMENT INC. SAFETY SUPPLIES OAK POINT OPERATIONS 90538 $19,471.08 LOGIS LOGIS SERVICE SEWER ACCOUNT 90539 $217.56 LUBRICATION TECHNOLOGIES INC LUBRICANTS & ADDITIVES EQUIPMENT MAINTENANCE 90540 $401.75 MACQUEEN EQUIPMENT INC EQUIPMENT PARTS EQUIPMENT MAINTENANCE 90541 $175.50 MAETZOLD, MATTHEW LES OTHER CONTRACTED SERVICES SOFTBALL 90542 $51.00 MARKS CERTICARE AMOCO CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 90543 $1,218.00 MARTIN-MCALLISTER PHYSICAL & PSYCO EXAM HUMAN RESOURCES ' 90544 $12.95 MAXIMUM SOLUTIONS INC OPERATING SUPPLIES-GENERAL ICE ARENA 90545 $53.82 MCGLYNN BAKERIES TRAVEL WATER UTILITY-GENERAL 90546 $374.76 MENARDS BUILDING MATERIALS OUTDOOR CENTER-STARING LAKE 90548 $2,485.68 METRO SALES INCORPORATED* RENTALS GENERAL 90549 $38.17 METROPOLITAN FORD EQUIPMENT PARTS EQUIPMENT MAINTENANCE 90550 $10,874.98 MIDWEST ASPHALT CORPORATION WASTE BLACKTOP/CONCRETE STREET MAINTENANCE 90552 $419.10 MINNESOTA BUSINESS FORMS OFFICE SUPPLIES GENERAL 90553 $78.39 MINNESOTA CONWAY CONTRACTED REPAIR & MAINT FIRE 90554 $1,805.95 MINNESOTA PIPE AND EQUIPMENT* REPAIR & MAINT SUPPLIES WATER SYSTEM MAINTENANCE 90555 $21.09' MINNESOTA TROPHIES & GIFTS OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 90556 $477.67 MINNESOTA VIKINGS FOOD SERVICE MISCELLANEOUS GENERAL BUILDING FACILITIES 90557 $23.69 MINNESOTA WANNER COMPANY REPAIR & MAINT SUPPLIES PARK MAINTENANCE 90558 $72.19 MORAN, RYAN OTHER CONTRACTED SERVICES TEEN WORK PROGRAM 90559 $2,159.04 MTI DISTRIBUTING CO EQUIPMENT PARTS EQUIPMENT MAINTENANCE 90560 $492.03 MUNICILITE EQUIPMENT PARTS EQUIPMENT MAINTENANCE 90561 $312.00 MURRAY, JOHN OTHER CONTRACTED SERVICES SOFTBALL 90562 $100.00 NASH SALES INC. OTHER CONTRACTED SERVICES RECYCLE REBATE 90563 $46.95 NETSALES INC COMPUTERS INFORMATION SYSTEM 90564 $225.89 NORTH CENTRAL LABORATORIES OPERATING SUPPLIES-GENERAL WATER TREATMENT PLANT 90565 $225.44 OHLIN SALES OPERATING SUPPLIES-GENERAL FIRE 90566 $698.70 OLSEN CHAIN & CABLE CO INC BUILDING MATERIALS ROUND LAKE 90567 $34.80 PAPER DIRECT INC OFFICE SUPPLIES GENERAL 90568 $182.87 PAPER DIRECT INC OPERATING SUPPLIES-GENERAL PROGRAM SUPERVISOR 90569 $33.88 PAPER WAREHOUSE OPERATING SUPPLIES-GENERAL SENIOR CENTER PROGRAM 90570 $55.00 PARK JEEP EQUIPMENT PARTS EQUIPMENT MAINTENANCE 90571 $6,147.00 PARROTT CONTRACTING INC CONTRACTED REPAIR & MAINT WATER SYSTEM MAINTENANCE 90572 $189,106.81 PEARSON BROTHERS INC SEAL COATING CONTRACTED STREET MAINTENANCE 90573 $81.97 PETSMART CANINE SUPPLIES POLICE 90574 $260.10 PRAIRIE LAWN AND GARDEN OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 90575 $424.18 PRAIRIE OFFSET PRINTING PRINTING ELECTION 90576 $2,229.94 PRECISION TURF & CHEMICAL INC LANDSCAPE MTLS & AG SUPPL PARK MAINTENANCE 90577 $144.00 PRINTERS SERVICE INC REPAIR & MAINT SUPPLIES ICE ARENA 90578 $122.80 PRIORITY COURIER EXPERTS CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 90579 $343.24 QUARK DISTRIBUTION INC COMPUTERS INFORMATION SYSTEM 90580 $20.00 RATHKE, DAVID OTHER CONTRACTED SERVICES SOFTBALL 90581 $720.00 RAY, LEE OTHER CONTRACTED SERVICES SOFTBALL 90582. $408.79 REBS MARKETING OTHER CONTRACTED SERVICES WATER ACCOUNTING 16 • COUNCIL CHECK REGISTER 30-AUG-2000 (09 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 90583 $148.36 RESPOND SYSTEMS* SAFETY SUPPLIES GENERAL 90584 $100.00 RIDGEVIEW BUSINESS HEALTH PROFESSIONAL SERVICES RISK MANAGEMENT 90585 $78.00 ROBINSON, DAN OTHER CONTRACTED SERVICES SOFTBALL 90586 $147.83 ROSENWINKEL, WILL OTHER CONTRACTED SERVICES TEEN WORK PROGRAM 90587 $465.00 RUFF-CUT SA ON LAND TREE DISEASE 90588 $32.60 RUSSICA TRANSLATIONS INC. PROFESSIONAL SERVICES POLICE 90589 $25.99 S & S WORLDWIDE OPERATING SUPPLIES-GENERAL SPORTS FUN & FITNESS 90590 $63.75 SARLES, DAN OTHER CONTRACTED SERVICES TEEN WORK PROGRAM 90591 $546.00 SCHWARTZ, DONALD OTHER CONTRACTED SERVICES SOFTBALL 90592 $74.66 SEELYE PLASTICS INC EQUIPMENT PARTS WATER TREATMENT PLANT 90593 $60.75 SHEA, CHRIS OTHER CONTRACTED SERVICES TEEN WORK PROGRAM 90594 $33.77 SHERWIN WILLIAMS CO BLDG REPAIR & MAINT WATER TREATMENT PLANT 90595 $118,455.81 SHORT ELLIOT HENDRICKSON INC PROFESSIONAL SERVICES CEDAR FOREST UTILITY CONSTRUCT 90596 $156.51 SHRED-IT WASTE DISPOSAL EP CITY CTR OPERATING COSTS 90597 $175.00 SKEESICK, FORREST OTHER CONTRACTED SERVICES SUMMER SKILL DEVELOP 90598 $745.21 SNAP-ON INDUSTRIAL EQUIPMENT PARTS - EQUIPMENT MAINTENANCE 90599 $542.72 SNAP-ON TOOLS SMALL TOOLS EQUIPMENT MAINTENANCE 90600 $249.00 SNELL MECHANICAL INC REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 90601 $194.58 SOUTH ST PAUL STEEL SUPPLY BUILDING MATERIALS ROUND LK PARK K17 90602 $1,290.67 HOPKINS, CITY OF DEPOSITS ESCROW 90603 $182.35 SPECTRUM POOL PRODUCTS OPERATING SUPPLIES-GENERAL - ADA PROGRAMS 90604 $37.50 SPIEGLE, SARAH OTHER CONTRACTED SERVICES TEEN WORK PROGRAM 90605 $55.90 SPS COMPANIES REPAIR & MAINT SUPPLIES PARK MAINTENANCE 90606 $539.82 SQUARE CUT • MISC FIRE EQUIPMENT FIRE 90607 $9,971.46 SRF CONSULTING GROUP INC DESIGN & CONST CHARLSON CHURCH IMPROVEMENTS 90608 $1,387.50 ST CROIX RECREATION CO INC OTHER EQUIPMENT ROUND LK PARK K17 90609 $89.23 STANDARD REGISTER OPERATING SUPPLIES-GENERAL FINANCE DEPT 90610 $1,411.88 STANDARD SPRING CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 90611 $5,369.57 STREICHERS TRAINING SUPPLIES POLICE 90612 $297.87 STRINGER BUSINESS SYSTEMS INC OPERATING SUPPLIES-GENERAL GENERAL 90613 $485..92 SUBURBAN CHEVROLET GEO EQUIPMENT PARTS EQUIPMENT MAINTENANCE 90614 $83.36 SUBURBAN PROPANE MOTOR FUELS EQUIPMENT MAINTENANCE 90615 $360.29 SUBURBAN TIRE & AUTO SERVICE I TIRES EQUIPMENT MAINTENANCE 90616 $1,373.75 SUMMIT ENVIROSOLUTIONS OTHER CONTRACTED SERVICES WATER TREATMENT PLANT 90617 $884.06 SWANSONS PRESSURE CLEANERS INC EQUIPMENT PARTS WATER TREATMENT PLANT 90618 $125.00 SWEDLUNDS WASTE DISPOSAL OUTDOOR CENTER-STARING LAKE 90619 $178.13 TAYLOR, SEAN OTHER CONTRACTED SERVICES TEEN WORK PROGRAM 90620 $190.10 THERMA-STOR PRODUCTS EQUIPMENT PARTS WATER TREATMENT PLANT 90621 $1,929.67 THYSSEN LAGERQUIST ELEVATOR CONTRACTED BLDG REPAIRS WATER TREATMENT PLANT 90622 $215.18 TIERNEY' BROS INC NEW CAR EQUIPMENT EQUIPMENT MAINTENANCE 90623 • $507.00 TIMM, KEVIN OTHER CONTRACTED SERVICES SOFTBALL 90624 $22,219.70 TKDA DESIGN & CONST GENERATORS-WELL 2,9,11,13 90625 $73.75 TORKELSON, JEANETTE OTHER CONTRACTED SERVICES TEEN WORK PROGRAM 90626 $80.00 TRANS ALARM INC CONTRACTED BLDG REPAIRS EP CITY CTR OPERATING COSTS 90627 $2,260.00 TRAUT WELLS CONTRACTED EQUIP REPAIR WATER WELL #5 90628 $33.43 TRI-STAR INSULATION CO REPAIR & MAINT SUPPLIES WATER TREATMENT PLANT 90629 $548.48 TRUGREEN LANDCARE GROUNDS MAINTENANCE FIRE STATION #1 90630 $3,845.26 TURF SUPPLY COMPANY LANDSCAPE MTLS & AG SUPPL PARK MAINTENANCE 90631 $250.00 'TWIN CITY AREA LABOR MANAGEMEN PROFESSIONAL SERVICES HUMAN RESOURCES • 90632 $159.20 TWIN CITY OXYGEN CO LUBRICANTS & ADDITIVES EQUIPMENT MAINTENANCE 90633 $256.67 UNIFORMS UNLIMITED NEW CAR EQUIPMENT EQUIPMENT MAINTENANCE 90634 $763.46 UNITED LABORATORIES CLEANING SUPPLIES WATER UTILITY-GENERAL 90635 $9.80 UNLIMITED SUPPLIES INC SMALL TOOLS EQUIPMENT MAINTENANCE 90636 $17.25 US FILTER PERRIN PRODUCTS INC EQUIPMENT PARTS WATER TREATMENT PLANT 90637 $1,523.99 US FILTER/WATERPRO REPAIR & MAINT SUPPLIES WATER SYSTEM MAINTENANCE 'I COUNCIL CHECK REGISTER 30-AUG-2000 (09: CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 90638 $207.44 US FILTER EQUIPMENT PARTS WATER TREATMENT PLANT 90639 $2,012.08 US OFFICE PRODUCTS OFFICE SUPPLIES WATER UTILITY-GENERAL 90641 $11,692.39 VALLEY PAVING INC ASPHALT OVERLAY STREET MAINTENANCE 90642 $1,520.00 VAN WATERS & ROGERS INC CHEMICALS WATER TREATMENT PLANT 90643 . $3,149.88 VERNCO MAINTENANCE INC OTHER CONTRACTED SERVICES WATER TREATMENT PLANT 90644 $6,356.38 VESSCO INC EQUIPMENT PARTS WATER TREATMENT PLANT 90645 $1,461.20. W W GRAINGER REPAIR & MAINT SUPPLIES WATER TREATMENT PLANT 90646 $764.25 WAHLS ENTERPRISES REPAIR & MAINT SUPPLIES PARK MAINTENANCE 90647 $28.58 WALMART STORES INC EQUIPMENT PARTS EQUIPMENT MAINTENANCE 90648 $817.94 WATER SPECIALITY OF MN INC CHEMICALS POOL MAINTENANCE 90649 $978.50 WATSON CO INC, THE MERCHANDISE FOR RESALE CONCESSIONS 90650 $111.00 WESTSIDE EQUIPMENT CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 90651 $914.85 WICHTERMAN'S LTD CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 90652 $1,073.73 WM MUELLER AND SONS INC GRAVEL STREET MAINTENANCE 90653 $197.06 WOLF CAMERA INC • PHOTO SUPPLIES _ ,. ARTS 90655 $55.91 WORM, SANDY , OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 90656 $240.38 X-ERGON REPAIR & MAINT SUPPLIES WATER TREATMENT PLANT . 90657 $264.78 ZEP MANUFACTURING CO • LUBRICANTS & ADDITIVES EQUIPMENT MAINTENANCE 90658 $112.50 ZOELLNER, MARK OTHER CONTRACTED SERVICES SOFTBALL 90659 $886,785.00 HENNEPIN COUNTY TREASURER RIGHT OF WAY & EASEMENTS CSAH1 TO HWY 212-LANDSCAPING $2,738,512.42* , • • • • l� • COUNCIL CHECK SUMMARY 30-AUG-2000 (08:28) • DIVISION TOTAL CUSTOMER SERVICE $55.07 BENEFITS $17.23 TECHNOLOGY $171.28 COMMUNICATIONS -$528.58 RISK MANAGEMENT $1.87 WIRELESS COMMUNICATION $22.47 ENGINEERING $6.24 INSPECTIONS $3.80 ASSESSING $4.09 POLICE $11.58 FIRE -$146.64 PARK MAINTENANCE $115.99 FLEET SERVICES $814.79. ORGANIZED ATHLETICS $37.29 COMMUNITY CENTER $3,399.70 BEACHES $8.97 YOUTH RECREATION $174.79 SPECIAL EVENTS $21.45 ADULT RECREATION -$35.66 ADAPTIVE REC $3.06 OAK POINT POOL $494.50 PARK FACILITIES $379.26 DEBT SERVICE PAYMENTS $722,215.06 EMPLOYEE PAYROLL DEDUCTIONS $358,611.08 CITY CENTER $1.83 SPECIAL REVENUE FUNDS $58.42 PRAIRIE VILLAGE LIQUOR STORE $15,866.26 PRAIRIEVIEW LIQUOR STORE $18,169.42 DEN ROAD LIQUOR STORE $36,799.60 WATER DEPT $9,738.15 SEWER DEPT $3.25 $1,166,495.62* • • r3 COUNCIL CHECK REGISTER 30-AUG-2000 (08 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 369 $68,351.08 NORWEST BANKS MINNESOTA N A FEDERAL TAXES W/H FD 10 ORG $58,630.91 FEDERAL TAXES W/H FD 10 ORG <*> $126,981.99* 370 $37,560.44 NORWEST BANKS MINNESOTA N A EMPLOYEES SS & MEDICARE FD 10 ORG $33,596.60 EMPLOYEES SS & MEDICARE FD 10 ORG <*> $71,157.04* 371 $37,560.44 NORWEST BANKS MINNESOTA N A EMPLOYERS SS & MEDICARE FD 10 ORG $33,596.60 EMPLOYERS SS & MEDICARE FD 10 ORG <*> $71,157.04* 372 $24,825.83 MINNESOTA DEPT OF REVENUE STATE TAXES WITHHELD FD 10 ORG $22,458.34 STATE TAXES WITHHELD FD 10 ORG <*> $47,284.17* 373 $14,642.62 ORCHARD TRUST CO AS TRUSTEE/CU DEFERRED COMP FD 10 ORG $13,828.04 DEFERRED COMP FD 10 ORG <*> $28,470.66* 374 $6,480.73 ICMA RETIREMENT TRUST-457 DEFERRED COMP FD 10 ORG $7,040.73 DEFERRED COMP FD 10 ORG <*> $13,521.46* . 375 $447.20 MINNESOTA DEPT OF REVENUE MOTOR FUELS EQUIPMENT MAINTENANCE <*> $447.20* 376 $1,952.04 MINNESOTA DEPT OF REVENUE SALES TAX PAYABLE FD 10 ORG . $19.30 SALES TAX PAYABLE FD 10 ORG -$223.16 SALES TAX PAYABLE WATER DEPT $3,129.49 SALES TAX PAYABLE LIQUOR STORE PVM $7,497.57 SALES TAX PAYABLE LIQUOR STORE CUB FOODS $4,203.18 SALES TAX PAYABLE LIQUOR STORE #3 $2,827.28 SALES TAX PAYABLE WATER DEPT $459.64 SALES TAX PAYABLE WATER DEPT $169.20 MOTOR FUELS EQUIPMENT MAINTENANCE $3.25 CONTRACTED REPAIR & MAINT SEWER SYSTEM MAINTENANCE -$92.90 OPERATING SUPPLIES-GENERAL WATER TREATMENT PLANT $23.35 CLEANING SUPPLIES WATER TREATMENT PLANT $684.45 EQUIPMENT PARTS WATER.TREATMENT PLANT $17.23 CONFERENCE IN SERVICE TRAINING $58.44 COMPUTERS INFORMATION SYSTEM $0.16 OPERATING SUPPLIES-GENERAL WIRELESS COMMUNICATION $22.31 OTHER EQUIPMENT WIRELESS COMMUNICATION $6.24 OPERATING SUPPLIES-GENERAL ENGINEERING DEPT $3.80 OPERATING SUPPLIES-GENERAL INSPECTION-ADMIN $1.87 SAFETY SUPPLIES RISK MANAGEMENT $7.96 PHOTO SUPPLIES POLICE -$28.08 PROTECTIVE CLOTHING FIRE $1.75 PHOTO SUPPLIES FIRE -$117.30 CONTRACTED REPAIR & MAINT FIRE $16.81 MOTOR FUELS EQUIPMENT MAINTENANCE $82.41 EQUIPMENT PARTS EQUIPMENT MAINTENANCE -$125.91 NEW CAR EQUIPMENT EQUIPMENT MAINTENANCE $44.13 CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE Li COUNCIL CHECK REGISTER 30-AUG-2000 (08 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 376 $8.13 MINNESOTA DEPT OF REVENUE WASTE DISPOSAL OUTDOOR CENTER-STARING LAKE $29.38 CHEMICALS PARK MAINTENANCE $65.54 REC EQUIP & SUPPLIES PROGRAM SUPERVISOR $20.74 REC EQUIP & SUPPLIES SPRING SKILL DEVELOP $20.74 REC EQUIP & SUPPLIES AFTERNOON PLAYGROUND $20.74 REC EQUIP & SUPPLIES PRESCHOOL PLAYGROUND $20.74 REC EQUIP & SUPPLIES DAY CAMP $23.01 REC EQUIP & SUPPLIES YOUTH TENNIS $1.37 OPERATING SUPPLIES-GENERAL PRESCHOOL EVENTS $52.23 REC EQUIP & SUPPLIES OAK POINT LESSONS $10.11 TRAINING SUPPLIES OAK POINT LESSONS $1.55 PHOTO SUPPLIES REC SUPERVISOR -$37.21 . PRINTING SENIOR CENTER PROGRAM $3.06 OPERATING SUPPLIES-GENERAL ADAPTIVE RECREATION $0.80 OPERATING SUPPLIES-GENERAL TREE DISEASE $52.00 OTHER CONTRACTED SERVICES CEMETERY OPERATION -$1.07 OPERATING SUPPLIES-GENERAL FITNESS CENTER $127.21 CHEMICALS POOL MAINTENANCE $13.78 REPAIR & MAINT SUPPLIES POOL MAINTENANCE $6.83 OPERATING SUPPLIES-GENERAL COMMUNITY CENTER ADMIN $0.96 PHOTO SUPPLIES SENIOR AWARENESS N16 $5.46 PRINTING SENIOR AWARENESS N16 -$1,952.04 SALES TAX PAYABLE FD 10 ORG $3.66 BEACH FEES OUTDOOR CENTER-STARING LAKE $37.29 ORGANIZED ATHLETICS FEES ADULT OPEN GYM $43.39 OPEN FEES ICE ARENA $53.24 OPEN FEES 2ND SHEET ICE C/C $1.34 EQUIPMENT RENTAL ICE ARENA $5.19 EQUIPMENT RENTAL 2ND SHEET ICE C/C $26.31 OPEN FEES POOL OPERATIONS $14.56 LAP SWIMMING POOL OPERATIONS $18.98 DAILY FEES-FITNESS CENTER FITNESS CENTER $17.39 OPEN FEES RACQUETBALL $0.49 EQUIPMENT RENTAL RACQUETBALL $59.05 ADULT RESIDENT MEMBERSHIP COMMUNITY CENTER ADMIN $167.18 FAMILY RESIDENT MEMBERSHIP COMMUNITY CENTER ADMIN $20.29 FACILITIES RENTAL COMMUNITY CENTER ADMIN $227.20 C/C MISC REVENUE COMMUNITY CENTER ADMIN $6.50 CONCESSIONS CONCESSIONS $1.74 FACILITIES RENTAL POOL OPERATIONS $57.48 FACILITIES RENTAL ICE ARENA $297.06 FACILITIES RENTAL 2ND SHEET ICE C/C $653.77 ICE SHOW ICE SHOW $142.33 OPEN FEES OAK POINT OPERATIONS $1.16 LAP SWIMMING OAK POINT OPERATIONS -$12.21 FACILITIES RENTAL OUTDOOR CTR PROGRAM $38.15 STARING LAKE BUILDING RENTAL PARK FACILITIES $20.76 ROUND LAKE PAVILION PARK FACILITIES $16.78 HOMEWARD HILLS BLDG RENTAL PARK FACILITIES $32.96 OUTDOOR CENTER PARK FACILITIES -$19.30 SALES TAX PAYABLE FD 10 ORG $17.84 ACCIDENT REPORTS FD 10 ORG $1.46 SALE OF FORMS FD 10 ORG $223.16 SALES TAX PAYABLE WATER DEPT -$223.16 CHEMICALS WATER TREATMENT PLANT '3 COUNCIL CHECK REGISTER 30-AUG-2000 (08 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 376 -$459.64 MINNESOTA DEPT OF REVENUE SALES TAX PAYABLE WATER DEPT $459.64 SALES-WATER METERS WATER DEPT $0.39 CASH OVER/SHORT FD 10 ORG $2,042.43 SALES TAX PAYABLE FD 10 ORG $20.78 SALES TAX PAYABLE _ FD 10 ORG -$571.23 SALES TAX PAYABLE WATER DEPT $12,736.77 SALES TAX PAYABLE LIQUOR STORE PVM $29,302.03 SALES TAX PAYABLE LIQUOR STORE CUB FOODS $13,966.24 SALES TAX PAYABLE LIQUOR STORE #3 $6,179.46 SALES TAX PAYABLE WATER DEPT $321.89 SALES TAX PAYABLE WATER DEPT $158.02 MOTOR 1W.LS EQUIPMENT MAINTENANCE -$105.76 PRINTING WATER UTILITY-GENERAL $1.59 OPERATING SUPPLIES-GENERAL WATER TREATMENT PLANT $128.01 CLEANING SUPPLIES WATER TREATMENT PLANT $55.79 REPAIR & MAINT SUPPLIES WATER TREATMENT PLANT $15.28 EQUIPMENT PARTS WATER TREATMENT PLANT $19.69 FURNITURE & FIXTURES WATER TREATMENT PLANT , $9.65 LANDSCAPE MTLS & AG SUPPL WATER SYSTEM MAINTENANCE $5.12 SMALL TOOLS WATER SYSTEM MAINTENANCE -$528.58 PRINTING COMMUNITY SERVICES $112.84 COMPUTERS INFORMATION SYSTEM $7.28 .SAFETY SUPPLIES GENERAL $47.79 RENTALS GENERAL $4.09 PHOTO SUPPLIES ASSESSING-ADMIN $3.62 PHOTO SUPPLIES POLICE $2.97 PHOTO SUPPLIES FIRE -$5.98 CONTRACTED REPAIR & MAINT FIRE $9.10 EQUIPMENT PARTS EQUIPMENT MAINTENANCE $15.78 SMALL TOOLS EQUIPMENT MAINTENANCE -$1.95 NEW CAR EQUIPMENT EQUIPMENT MAINTENANCE $38.68 OPERATING SUPPLIES-GENERAL PARK MAINTENANCE $7.93 CHEMICALS PARK MAINTENANCE $1.91 PHOTO SUPPLIES PROGRAM SUPERVISOR $14.27 OTHER EQUIPMENT OUTDOOR CTR PROGRAM $8.97 REPAIR & MAINT SUPPLIES RILEY LAKE-BEACH $21.45 ADVERTISING JULY 4TH CELEBRATION $26.91 LANDSCAPE MTLS & AG SUPPL TREE DISEASE $0.50 PHOTO SUPPLIES TREE DISEASE $18.46 REC EQUIP & SUPPLIES POOL LESSONS $6.70 OPERATING SUPPLIES-GENERAL POOL SPECIAL EVENTS $67.91 CHEMICALS POOL MAINTENANCE $3.51 REPAIR & MAINT SUPPLIES POOL MAINTENANCE • -$2,042.43 SALES TAX PAYABLE FD 10 ORG ' $50.96 OPEN FEES ICE ARENA $77.74 OPEN FEES 2ND SHEET ICE C/C $1.77 EQUIPMENT RENTAL ICE ARENA $8.73 EQUIPMENT RENTAL 2ND SHEET ICE C/C $55.08 OPEN FEES POOL OPERATIONS $20.23 LAP SWIMMING POOL OPERATIONS $19.23 DAILY FEES-FITNESS CENTER FITNESS CENTER $14.65 OPEN FEES RACQUETBALL $64.39 ADULT RESIDENT MEMBERSHIP COMMUNITY CENTER ADMIN $174.55 FAMILY RESIDENT MEMBERSHIP COMMUNITY CENTER ADMIN $12.21 ADULT NON-RESIDENT MEMBERSHIP COMMUNITY CENTER ADMIN I COUNCIL CHECK REGISTER 30-AUG-2000 (08 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 376 $21.51 MINNESOTA DEPT OF REVENUE FACILITIES RENTAL COMMUNITY CENTER ADMIN $0.92 C/C MISC REVENUE COMMUNITY CENTER ADMIN $68.23 . C/C MISC REVENUE POOL SPECIAL EVENTS $104.51 CONCESSIONS CONCESSIONS $203.71 FACILITIES RENTAL POOL OPERATIONS $313.95 FACILITIES RENTAL ICE ARENA $272.84 FACILITIES RENTAL 2ND SHEET ICE C/C $115.87 FACILITIES RENTAL OAK POINT OPERATIONS $172.46 OPEN FEES OAK POINT OPERATIONS $0.34 LAP SWIMMING OAK POINT OPERATIONS $12.21 FACILITIES RENTAL OUTDOOR CTR PROGRAM $32.96 ROUND LAKE PAVILION PARK FACILITIES $62.25 HOMEWARD HILLS BLDG RENTAL PARK FACILITIES $109.86 OUTDOOR CENTER PARK FACILITIES $51.27 RILEY LAKE SHELTER PARK FACILITIES -$20.78 SALES TAX PAYABLE FD 10 ORG $17.12 ACCIDENT REPORTS FD 10 ORG $1.83 SALE OF FORMS FD 10 ORG $1.83 EQUIPMENT RENTAL CITY CENTER OPERATING COSTS $571.23 SALES TAX PAYABLE WATER DEPT -$571.23 MERCHANDISE FOR RESALE WATER METER READING -$321.89 SALES TAX PAYABLE WATER DEPT $321.89 .SALES-WATER METERS WATER DEPT $0.08 CASH OVER/SHORT FD 10 ORG <*> $85,261.00* 377 $36,038.75 FIRST TRUST NATL ASSOC INTEREST B & I PAYMENTS 9.8 $19,425.00 INTEREST 93 IMPROVE BONDS $85,000.00 INTEREST 93 IMPROVE BONDS $69,651.25 INTEREST HRA 2ND SHEET ICE -$5,692.44 BANK RESERVE-LEASE REV 2ND SHEET ICE DEBT $82,338.75 INTEREST 92 PARK B & I <*> $286,761.31* 378 $117,450.00 FIRSTAR TRUST COMPANY INTEREST B & I PAYMENTS <*> $117,450.00* 379 $140,812.50 NORWEST BANK MN N.A. INTEREST B & I PAYMENTS $48,863.75 INTEREST 94 OPEN SPACE DEBT $26,331.25 INTEREST 92 PARK B & I $27,752.50 INTEREST B & I PAYMENTS $2,507.50 INTEREST B & PAYMENTS $71,736.25 INTEREST B & I PAYMENTS <*> $318,003.75* $1,166,495.62* Ll COUNCIL CHECK REGISTER 30-AUG-2000 (08 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 369 $126,981.99 NORWEST BANKS MINNESOTA N A FEDERAL TAXES W/H FD 10 ORG 370 $71,157.04 NORWEST BANKS MINNESOTA N A EMPLOYEES SS & MEDICARE FD 10 ORG 371 $71,157.04 NORWEST BANKS MINNESOTA N A EMPLOYERS SS & MEDICARE FD 10 ORG 372 $47,284.17 MINNESOTA DEPT OF REVENUE STATE TAXES WITHHELD FD 10 ORG 373 $28,470.66 ORCHARD TRUST CO AS TRUSTEE/CU DEFERRED COMP FD 10 ORG 374 $13,521.46 ICMA RETIREMENT TRUST-457 DEFERRED COMP FD 10 ORG 375 $447.20 MINNESOTA DEPT OF REVENUE MOTOR FUELS EQUIPMENT MAINTENANCE 376 $85,261.00 MINNESOTA DEPT OF REVENUE SALES TAX PAYABLE FD 10 ORG 377 $286,761.31 FIRST TRUST NAIL ASSOC INTEREST B & I PAYMENTS 9.8 378 $117,450.00 FIRSTAR TRUST COMPANY INTEREST B & I PAYMENTS 379 $318,003.75 NORWEST BANK MN N.A. INTEREST B & I PAYMENTS $1,166,495.62* • • 116 CITY COUNCIL AGENDA DATE: 09/05/00 SECTION: Ordinances and Resolutions SERVICE AREA/DIVISION: ITEM DESCRIPTION: Community Development and Resolution certifying proposed 2001 property tax ITEM NO.: Financial Services levy, accepting the proposed 2001 budget, and Donald Uram setting date(s) for Truth-in-Taxation hearing(s) 1 X 4 Requested Action Move to: Adopt the resolution that: • Certifies the proposed 2001 net property tax levy to be$21,099,283; and • Sets the "Truth-in-Taxation" public hearing for Monday, December 4, 2000 and, if necessary,to reconvene the public hearing on Tuesday,December 19, 2000; and • Accepts the proposed 2001 budget of $28,905,873 as reviewed by the Council on August 15,2000. Background Information Minnesota Law and administration rules prescribe a detailed process for public notification and participation in setting taxes and budgets of local governments. Cities must adopt a proposed net property tax levy by September 15 and certify it to the county auditor. In addition, the City Council must accept a proposed budget for the coming year. In 1997, the Legislature passed a levy limit law for the 1998 and 1999 budget years limited Eden Prairie's total levy (not including debt) to growth plus inflation (about 6%). Legislation was passed in 1999 that extended levy limits for the 2000 budget year. Although levy limits no longer apply, a 6% general fund levy increase is proposed which is consistent with past levy increases. This increase reflects the initiation of a transportation"seed fund" as discussed at the August 15, 2000, Council Workshop. The City must also set a date for the "Truth-in-Taxation" hearing and a date to reconvene it (if necessary). These dates may not conflict with the initial hearing dates set by Hennepin County, school districts, or the metropolitan taxing districts. Because they get to set their dates before we do, there are a very limited number of dates available. The dates of December 4 and December 19 are the most workable ones for us to be within the schedule established by the Minnesota Department of Revenue. The Council must adopt the final tax levy and budget by December 19. Attachments Resolution 1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION 2000- A RESOLUTION ADOPTING THE CITY'S PROPOSED 2001 PROPERTY TAX LEVIES,SETTING THE DATE(S)FOR THE"TRUTH-IN-TAXATION"HEARINGS,AND ACCEPTING A PROPOSED BUDGET FOR GENERAL OPERATIONS AND TAX-SUPPORTED OBLIGATIONS FOR 2001 WHEREAS,the City Council of the City of Eden Prairie has reviewed the City Manager's recommended 2001 budget and tax levies;and WHEREAS,the City Council has decided to accept these recommendations at this tune. NOW,THEREFORE,BE IT RESOLVED,that the City Council: 1. Establishes the following proposed taxes on real and personal property within the City of Eden Prairie for the 2001 budget. Net Levy on Tax Capacity(City) $20,485,283 Levy on Market Value 614,000 Total NET LEVY $21,099,283* * The NET LEVY excludes $690,295 in Homestead and Agriculture Credit Aid (HACA), and $954,746 in distribution from the Metropolitan Tax-Base Sharing Pool(Fiscal Disparities). The proposed total Net Levy may not be exceeded when the City Council sets the fmal tax levy for 2001. • 2. Sets the following dates for the"Truth-in-Taxation"public hearings on the proposed 2001 tax levy and budget: Public Hearing: Monday,December 4,2000 7:00 PM,Council Chambers Eden Prairie City Center 8080 Mitchell Road Reconvened Public Hearing: Tuesday,December 19,2000 6:00 PM,Council Chambers Eden Prairie City Center 8080 Mitchell Road If the public hearing is completed and closed on December 4,the Council will consider action on the 2001 tax levy and budget at its regularly-scheduled meeting December 19,2000. 3. Accepts the 2001 proposed net levy of$21,099,283 and proposed budget totaling$28,905,873 at this time. ADOPTED by the City Council on September 5,2000. Jean L.Harris,Mayor ATTEST: CITY COUNCIL AGENDA DATE: 09/05/00 SECTION: Ordinances and Resolutions SERVICE AREA/DIVISION: ITEM DESCRIPTION: Community Development and Resolution certifying proposed 2001 Local Transit ITEM NO.: Financial Services Services tax levy and setting date(s) for Truth-in- Donald Uram Taxation hearing(s) l X Requested Action Move to: Adopt the resolution that: • Certifies the proposed 2001 Local Transit Services tax levy to be$2,595,187; and • Sets the "Truth-in-Taxation" public hearing for Monday, December 4, 2000 and, if necessary,to reconvene the public hearing on Tuesday,December 19, 2000. Background Information On June 6, 2000, the City Council declared their intent to exercise the Local Transit Services tax levy option for taxes payable in 2001. Certifying the amount to be levied is the next step in this process. In conjunction with the City, this amount must be certified to the county auditor by September 15. The final levy adoption is required by December 19. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO.2000- A RESOLUTION ADOPTING THE CITY'S PROPOSED 2001 LOCAL TRANSIT SERVICES TAX LEVY AND SETTING THE DATE(S)FOR THE"TRUTH-IN-TAXATION"HEARINGS WHEREAS,the City Council of the City of Eden Prairie has declared their intent to exercise the local transit tax levy option for taxes payable in 2001 in the maximum amount permitted by the Local Levy Option Act. NOW,THEREFORE,BE IT RESOLVED,that the City Council: 1. Establishes the following proposed taxes on real and personal property within the City of Eden Prairie for Local Transit Service in 2001: NET LEVY $2,595,187* * The NET LEVY excludes $454,900 in Homestead and Agriculture Credit Aid (HACA), and $127,838 in distribution from the Metropolitan Tax-Base Sharing Pool(Fiscal Disparities). The proposed total net levy may not be exceeded when the City Council sets the final tax levy for 2001. 2. Sets the following dates for the"Truth-in-Taxation"public hearings on the proposed 2001 tax levy and budget: Public Hearing: Monday,December 4,2000 7:00 PM,Council Chambers Eden Prairie City Center 8080 Mitchell Road Reconvened Public Hearing: Tuesday,December 19,2000 6:00 PM,Council Chambers Eden Prairie City Center 8080 Mitchell Road If the public hearing is completed and closed on December 6,the Council will consider action on the 2001 tax levy and budget at its regularly-scheduled meeting December 19,2000. 3. Accepts the 2001 proposed net levy of$2,595,187 at this time. ADOPTED by the City Council on September 5,2000. Jean L.Harris,Mayor ATTEST: Kitty Porta,City Clerk CITY COUNCIL AGENDA DATE: 09/5/00 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 \/ ( L. Requested Action Move to: • Adopt the Resolution authorizing the Sale and Issuance of 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$28,000,000. • Adopt the Resolution authorizing the Sale and Issuance of Multifamily Housing Revenue Bonds (Lincoln Parc Project), Subordinate Series 2000C and 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) 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 and incidental facilities 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 -2- 3 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 -3- 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 its date for purposes of SEC Rule 15c2-12. Section 5. The Bonds. • -4- 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 -5- 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 5th day of September,2000. Jean L. Harris, Mayor Attest: Kathleen Porta, City Clerk -6- 7 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA 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 and incidental facilitieswithin 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 and 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. -2- I (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 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 -3- 10 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 -4- 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. 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 5th day of September, 2000. Jean L.Harris,Mayor Attest: Kathleen Porta,City Clerk • -5- CITY COUNCIL AGENDA DATE: 09/05/00 SECTION: Report of Officers SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Office of the City Manager Chris Enger, City Manager Board and Commission Resignations XIILB.1.a. Community Program Board(Maw Coffer) Requested Action Move to accept resignation of Maw Coffer from the Community Program Board effective August 18, 2000. Move to direct staff to initiate the recruitment process to identify candidates for the Community Program Board. Move to appoint Dick Brown Vice Chair of the Community Program Board. • Synopsis Maw Coffer tendered his resignation from the Community Program Board effective August 18, 2000. Marv's departure vacates the Vice Chair position and the Community Program Board and leaves the Community Program Board one member short per Charter requirements. The City Council needs to appoint a member to fulfill the Vice Chair responsibilities and initiate the process to develop a candidate slate for appointment to the Community Program Board. Dick Brown, a two-term Park and Recreation Commission member and a current Community Program Board member, has indicated his willingness to serve as a candidate to serve as Vice Chair. A summary of qualifications for Dick Brown is attached. Background The City Council established the range of members (minimum/maximum) for each Board and Commission in order to avoid having to make special appointments outside of the annual recruitment and appointment process. A special "mid-term" appointment is made when membership falls below the minimum provided for in the charter. The Community Program Board has dropped to six members, below the minimum of seven provided by the Charter; therefore, a mid-term public appointment is needed to fill one position. Attachments • Letter of resignation from Maw Coffer • Community Program Board Roster • Community Program Board Charter • Summary of Qualifications for Dick Brown 14837 Blakeney Road Eden Prairie, MN 55347 August 18, 2000 Mayor Jean Harris, City of Eden Prairie City Center 8080 Mitchell Road Eden Prairie, MN 55344 Dear Mayor Harris, Due to unforeseen personal and family circumstances, I regret that I must resign from the Eden Prairie Community Program Board effective immediately. I continue to have great respect for both you and our elected City Council members, for Chris Enger and the professional staff of our city, and for the host of dedicated advisory volunteers. It has been a pleasure to have had the opportunity to work with such a great team and competent group of individuals. Best wishes for continued success in leading and administering our good City Government. Respectfully, C>/747,7e Marvin A. Cofer Copies: Christopher Enger, City Manager Natalie Swaggert, Management Liaison to Community Program Board Laurie Obiazor, Staff Liaison to Community Program Board Munna Yasiri, Chair, Community Program Board Community Program Board Appointed Term Expires CHAIR April 1,2000 March 31,2003 Munna Yasiri 15930 Westgate Drive Eden Prairie,MN 55344 1 E mil E i I i ril.� 20V0 7 f �i•i a€t ! 6 002 d , U € P�Id sSa' �f��OI I( 4; i� � '' V � ! v! i j a €! , p� 1 (•{I{I E ,, E. x ' ..S 1 1{ -E € 1. ! € i..l i 11 I �.. a`.i- i.6 HIV !:.I {ii tt LLLLLL �o ' � ��l�� 1 �tt s i s c� t f�l � � !� � �l �tlf� �a�� it'.� � ! y� i�tyt-. :,.'S5!x 11111E 1 1 . I :14 +.Vi 111 ililt!! 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PnE Harry Davis,Jr. April 1,2000 March 31,2002 1905 Maple Leaf Drive Eden Prairie,MN 55346 Dick Brown April 1,2000 March 31,2003 10785 Valley View Road,#418 Eden Prairie,MN 55344 Kim Teaver April 1,2000 March 31,2001 9947 Lawson Lane Eden Prairie,MN 55347 Harry Moran April 1, 1998 March 31,2001 17272 Candlewood Parkway Eden Prairie,MN 55347 Therese Benkowski April 1,2000 March 31,2001 18895 Chennault Way Eden Prairie,MN 55346 F:IGROUPS\Maoagers O1$ce\BD&ConmmProj\2occRoster ProgrmmBdNo#s.doc 7 ADVISORY BOARDS & COMMISSIONS CHARTER STATEMENTS COMMUNITY PROGRAM BOARD (PROGRAM SUPPORT) Purpose Statement: To review and advise on City communications and leisure programs and activities in order to provide balanced programming reflective of changing demographics within available resources. To coordinate efforts of Citizen Advisory Commissions to ensure that all work is supportive and consistent with the City's Strategic Plan. Roles and Responsibilities: A. To coordinate efforts of Citizen Advisory Commissions in support of and consistent with the City's Strategic Plan. B. To promote the use of volunteers in support of City programs and services. C. To provide input to Staff on the review and evaluation of City-sponsored leisure programs and activities. D. To provide input to Staff on City-sponsored communications to provide for timely and open communication channels to City residents to build awareness and promote programs and services. E. To review and report on matters assigned by the Council. Membership: Seven to nine members—one representative from each Citizen Advisory Commission and three(3)to five(5)members at large with expertise in: public safety, senior services, youth at risk,human services, education&public relations/communication. Chair and Vice Chair: Annually appointed by the City Council. Staff Liaisons: Director of Management Services and Director of Recreation Services. Meeting Time &Frequency: 4th Tuesday of each month. y F:\GROUPS\Managers OfficelBD&CommProjlCharter Statements\CommimityProgram Board.doc 8/21/2000 Board and Commission Chair/Vice Chair Summary of Qualifications Dick Brown 10785 Valley View Road,#418 Eden Prairie,MN 55344 Dick Brown first applied to serve on a City Board or Commission in January 1993. He was appointed to the Parks,Recreation and Natural Resources Commission on February 17, 1993 for a three-year term. He was re-appointed in April 1996 for another three-year term. In February 2000,he applied and received a seat on the Community Program Board. He has been active in the Senior Center and was one of nine members to serve on the Senior Issues Task Force from April 1995 to October 1996. CITY COUNCIL AGENDA DATE: 09/05/00 SECTION: Report of Officers SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Office of the City Manager Chris Enger, City Manager Board and Commission Resignations �IIII.B.1.b. Board of Adjustments and Appeals (Mary Vasaly) Requested Action Move to accept resignation of Mary Vasaly from the Board of Adjustment and Appeals. Synopsis Mary Vasaly tendered her resignation from the Board of Adjustment and Appeals on July 19, 2000. Appointment to fill back for this position will be made as part of the annual Board and Commission appointment process. Background The City Council established the range of members (minimum/maximum) for each Board and Commission in order to avoid having to make special appointments outside of the annual recruitment and appointment process. A special "mid-term" appointment is made when membership falls below the minimum provided for in the charter. The membership of the Board of Adjustments and Appeals remains within the number established by charter. Attachments • Letter of resignation from Mary Vasaly • Board of Adjustment and Appeals Roster • Board of Adjustment and Appeals Charter 3300 NORWEST CENTER M A S L O N 90 SOUTH SEVENTH STREET MINNEAPOT.TS,MINNESOTA.554024140 EDELMAN i, Y (612)672-8200 .0), py B 0 R M A N '�' "FAX(612)672-8397 & BRAND Limited July 19,2000 Liability Partnership MARVRIBORMAN NEIL L SELL W` "Z.P VI The Honorable Mayor Jean Harris JOSEPH ALEXANDER GARYJ"HAUGEN • City of Eden Prairie MAN • SBAAS IL 8080 Mitchell Road DAVID F.HERR • R.LAWRENCE PURDY Eden Prairie,MN 1 JAMES D.O'CONNOR RICHARD G.WI SON HOWARD B.TARKOW WILLTAM RA. LARRYA,KOCH Councilmember Ron Case VIRGBLARR JUSTINE A. LP 9237 LaRivier Court COOPER S.SALLY STOLEN ASHLEY SUSAN Eden Prairie,MN 55347 MARTIN R.ROSENBAUM TERRIKBIVOSHA MARYR.VASALY Councilmember Nancy Tyra-Lukens CLARK T.WHITMORE WAYNE 8.MOSKOWITZ 14695 Queens Trail CHARLES A.MARK HOFFMAN Eden Prairie,MN 55347 MARK W.LEE LORRIB L.SALIL ALAIN M.BAUDRY RICHARD A.KEMPF J OLIPHANT Councilmember Sherry Butcher KIRK O•R°LBO 10260 Arrowwood Drive BRIAN J.KLEIN JAMES KILLIAN JAMESF HANNEMAN Eden Prairie, MN 55347 SHERYL G.MORRISON DOUGLAS T.HOLOD NEIL P.AYOTTE ANDREW N.JACOBSON Councilmember Ross Thorfinnson, Jr. CYNIHIA F.GH.BERTSON PENNER.HEAHERLIN 11852 Waterford Road LAURIEA.I6NDEL MICHAEL PHILIP J.�M ON Eden Prairie, MN 55347 UT R.CHRISTOPBER BUR SHAWN R.MCINTEE • MARGARET C.HOHDAY HOWARD A.ROSTON Dear Mayor Harris and Councilmembers: MARGARET M.KILLIAN M1 . PETER J.CARLTON STEPHENA.TIGHT , N It is with great regret that I must notify you that I am withdrawing from the LAURA E.CHRISTOPHER J.OO KELM& Board of Adjustment and Appeals. I have decided rather suddenly to move outside ALAN ERT K HHT�RICTER of Eden Prairie at the end of August because of our family's desire to be closer to L'S"°'NETZER _ our children's school. Accordingly,the August board meeting will be.my last. I do OF COUNSEL wish to express my thanks for allowing me the privilege of serving the city as a MARTIN• G.MUN board member. Eden Prairie is a wonderful community and I will miss it greatly. MICHAEL L.SNOW ROYCE N.BANNER SUSAN J.LINK — S c ly, RETIRED CHARLES QUAIN'TANCE,JR. ROBERT A.ENGELKE SAMUEL MASLON Mary R. Vasaly 190I-I988 iIRj HEMAN EDFL,MAN 19054991 Jean Johnson 92862.1 Board of Adjustment and Appeals Appointed Term Expires CHAIR April 1,2000 March 31,2002 Cliff Dunham 18680 Twilight Trail Eden Prairie,MN 55346 VICE CHAIR April 1,2000 March 31,2003 Bill Ford 13442 Essex Court Eden Prairie,MN 55344 Ismail Ismail April 1, 1998 March 31,2001 14199 Greenview Court Eden Prairie,MN 55346 Michael O'Leary April 1, 2000 March 31,2002 6697 Promontory Drive Eden Prairie,MN 55346 RESIG1�lE200 Maref31,20(3 f —: xyVa ,31 S t Drive Eder.Pratt e,MN 55347 - s: _ s ,.,' .fir,.:: "ate, -- z� Louis Giglio April 1,2000 March 31,2003 8911 Sylvan Ridge Eden Prairie,MN 55347 2 3 F:\GROUPS\Managers Offia\BD&CommProj 2000\Rostc BAA-no#.doc ADVISORY BOARDS & COMMISSIONS CHARTER STATEMENTS BOARD OF ADJUSTMENTS&APPEALS Purpose Statement: The Board of Adjustments and Appeals is established for the purpose of hearing and deciding matters relating to land use and subdivisions and other matters as otherwise provided by the City Code("zoning, subdivisions and other matters")and building and fire codes ("building and fire codes"). Roles and Responsibilities: A. Hear all appeals where it is alleged that there is an error in any order,requirement, decision or determination made by an administrative officer in the enforcement of the City Code. B. Hear requests for adjustments(variances)from the literal provisions of the city Code in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration,and to grant such variances only when it is demonstrated that such action will be in keeping with the spirit and intent of the provisions of the City Code. C. Decision by the Board. Within Sixty(60) days after the filing of a request for a variance or an appeal from an administrative order or determination,the Board shall set a date for hearing thereon and shall hear such persons as wish to be heard either in person or by agent or attorney. No decision of the Board shall be final until the later of the expiration of the fifteen(15)day period provided for in Subd.2. C. or completion or review by or appeal to the Council. D. Review or Appeal. The Council may elect to review any decision of the Board`within fifteen(15)days after that decision has been made,or a decision may be appealed by the appellant or petitioner within fifteen(15)days. E. Building Code. The Board shall hear and decide appeals of orders,decisions or determinations made relative to the application and interpretation of the State Building code as adopted by the City. F. Fire Code. The Board shall hear and decide appeals of orders, decisions or determinations made relative to the application and interpretation of the Uniform Fire Code as adopted by the City. Membership: Five(5)to seven(7)members. Chair and Vice Chair:Annually appointed by the City Council. Staff Liaison: Zoning Administrator Meeting Time&Frequency: 211d Thursday of each month F:IGROUPS\Managers Office\BD&CommProllChstcr Statemenls\BoardofAppeals.doc 09/01/00 • CITY COUNCIL AGENDA DATE: September 5, 2000 SECTION: Reports of Director Parks and Recreation Services SERVICE AREA/DIVISION: ITEM DESCRIPTION: Minnetonka School ITEM NO: Parks and Recreation District Memorandum of Understanding with the Robert A. Lambert Director City of Eden Prairie XI(I, C, /, Requested Action Move to: Terminate the Memorandum of Understanding Between the Minnetonka Public School District 276 and the City of Eden Prairie that provides direct City funding of the Minnetonka Community Education Program. Synopsis: The Memorandum of Understanding Between the Minnetonka Public School District 276 and the City of Eden Prairie was approved in approximately 1972 (no date was included in the document). At that time, Eden Prairie was starting up a Recreation Department and had a joint Community Education/ Recreation Program with the Eden Prairie School District and also entered into an agreement with the Minnetonka School District to have that district initiate Community Education Programs that would serve Eden Prairie residents within the Minnetonka School District. Within that agreement, the City of Eden Prairie agreed to pay the School District on a per capita basis "The amount of which is to be determined annually, for the number of Eden Prairie residents living within the School District." Up until at least the late 1990's, the cost to the City of Eden Prairie was $100 per year, obviously a token amount. Those invoices used to go through the Recreation Department. At one point in the 1990's, the invoices began going directly to the City Manager, so I am unaware of when the amount began to increase. In 2000, the bill was sent to the City Manager's office for an amount of$1,427. Dan Kluzick, Minnetonka Community Education Director, indicated the current amount the School District is charging the City of Eden Prairie is $.50 per capita, which is based on the estimate of the current population of Eden Prairie residents within the Minnetonka School District. City Council Agenda 9/5/2000 Minnetonka School District Memorandum of Understanding with the City of Eden Prairie Page 2 Apparently, there is no Eden Prairie representative on the Minnetonka Community Education Board at this time because the City of Eden Prairie has not appointed one, or has not had any volunteers for that position. Background: In 1970,the City of Eden Prairie hired Marty Jessen as the first Park and Recreation Director for the City of Eden Prairie. Shortly after that, Mr. Jessen worked with the Eden Prairie School District to apply for State funding to assist in initiating a Community Education Program in the City of Eden Prairie. At that time,the City and School District each paid 25% of the cost of the salary for a Community Education Director and the State paid 50% of a maximum salary of $10,000. This was an incentive to initiate Community Education Departments that provided recreation programs and adult education programs to citizens and allowed residents access to school buildings and school facilities after school hours. According to the City file, the City of Eden Prairie and the Minnetonka School District began discussions during the 1971-72 school year to initiate a Community Education Program within that School District. The Memorandum of Understanding was signed as a requirement of all communities within the Minnetonka School District to help the School District initiate this service. Since the early 1970's, the City of Eden Prairie has a developed an extensive recreation program that offers full recreation services to all residents of the community, including those Eden Prairie residents residing in the Minnetonka School District. In the late 1970's the Eden Prairie School District decided to fund the Community Education Program entirely from School District revenue. Since that time, the Eden Prairie School District has developed an extensive Community Education Program without any City funding assistance. Since 1972, the amount of money the State has allowed various School Districts to assess tax . payers has increased from $1.00 per capita to $5.50 per capita; thus, eliminating much of the need for contributions from participating city governments, especially from those municipalities that already provide full service recreation programs. Eden Prairie doesn't contribute to the Community Education Department for either the Eden Prairie School District or the Hopkins School District. Atttachment: Memorandum of Understanding Letter Dated April 4, 2000 from Dan Kuzlik Letter Dated April 26, 2000 from Bob Lambert to Dan Kuzlik Letter Dated April 24, 1972 from William E. Huskins, Jr. To Paul Redpath Memo Regarding Sports &Recreation Study Application for Aprroval Letter from Lawrence Erie to Dale Rusch Invoice Letter to Dan Kuzlik Dated July 10, 2000 from Bob Lambert BL:mdd Daniel E.Rnrll"k (\\N Executive Director of Community Education&Services 5621 County Road 101 Minnetonka,MN 55345 (612)906-2543 (612)906-2511 fax ydkuzlik@minnetonka.kl2.mn.us MINNETONKA PUBLIC SCHOOLS - SERVING THE • COMMUNITIES OF: April 4,2000 MINNETONKA Carl Jullie • CHANHASSEN City Of Eden Prairie 8080 Mitchell Road . DEEpIIAVEN Eden Prairie,MN 55344 EDEN PRAIRIE Dear Carl: EXCELSIOR GREENWOOD Thank you for your continued support of Minnetonka Community Education and Services. We are proud of our cooperative program and look forward to your SHOREWOOD continued support. TONKA BAY The invoice,also attached,represents your city share of the budget based on the VicroRlA original formula (50 cents per capita,based on 1997 population estimates from the state demographer) agreed upon in our long standing memorandum of WOODLAND agreement. • Please contact me if you have questions or require additional information. Since 1 , aniel E. Executive Director Attachments:Invoice DK/am 3 City of Eden Prairie City Offices 8080 Mitchell Road• Eden Prairie, MN 55344-4485Brt Phone (612) 949-8300 •TDD (612) 949-8399• Fax (612) 949-8390 wain= • www.edenprairie.org April 26,2000 • Daniel E.Kuzlik Executive Director of Community Education& Services 5621 County Road 101 Minnetonka,MN 55345 Dear Mr.Kuzlik: On April 4th, you sent a letter and invoice to Carl Julie, our former City Manager, for the City of Eden Prairie's share of the budget for the Minnetonka Community Education Program based on the "original formula agreed upon in our long standing Memorandum'of Agreement." Chris Enger, our City Manager, has requested that I contact you to determine if this Memorandum of Agreement still makes sense based on the changes that have occurred with Community Education in both the City of Eden Prairie and in Minnetonka over the last 25 years. Twenty-five years ago, the City of Eden Prairie used to also share costs for Community Education with the Eden Prairie School District; however, since that time there has been a significant .amount of legislation change to assist school districts in funding Community Education programs, and many cities do not provide direct funding assistance at this time. I would appreciate it if you would provide me with information on how much money per capita the other municipalities in the Minnetonka School District are contributing to the Minnetonka Community Education Program. I would also like you to provide a • copy of the Memorandum of Agreement referred to in your April 4th letter. • The reason for requesting this information is not necessarily to disagree with the rationale for this fee, but to discuss the relevancy of this fee in 2000. Too often these types of charges continue on for years without anyone questioning the relevancy based on changes that have occurred over the years. We may find out that this fee continues to be an equitable charge in its current form or we may find that it should be more,less, or perhaps no longer relevant. I look forward to hearing from you regarding this matter. Sincerely, Robert A.Lambert Director Parks and Recreation Services RAL:mdd Cc: Chris Enger, City Manager t Recyclable Paper COLga btiCL h\say%. !. • • ,r ill rr, E. Huskins, Jr. /f� ��,� Chairman, Board of Education �/ L/a j�Ade& Se4004 Administrative Office 261 School Avenue Excelsior, Minnesota 55331 Phone 474-5401 August 24, 1972 Mr. Paul R. Redpath ..r Mayor, Eden Prairie • :=3�`'� 8950 Eden Prairie Road yam, Eden Prairie, Minnesota 55343 Dear Mayor Redpath: In the past several years the concept of broadening the number and scope of community programs has been a subject of consider- able interest to the public. Part of the interest sterns from the need to better utilize more educational opportunities for adults. The observation is made that schools are utilized for nine and one half months and are idle for the balance of the year, and that municipalities with city parks, ball fields, swimming pools, etc. , are duplicating facilities already available in the schools. The question is asked, "Why can't local governmental units combine resources and activities. to provide better educational and recre- ational programs for the entire community at less cost? " Several School District committees have become involved with • various aspects of answering this question: The Community School Committee conducted a Seminar on March 7, 1972. All municipal officials and interested • ' residents were invited. The participants indicated con- siderable interest in development of a Community School Program. The Sports and Recreation Committee recommended as a goal the development of a cooperative school and commun.i- ty recreation, physical education and sports program. This committee, chaired by 'au Mason, made inquiries of city officials regarding the pro:ram and received favorable re- sponse. A portion of this report is attached as Appendix A. Several elementary school P. T.A. s, Excelsior, Groveland, and Scenic Heights have organized meetings around a con- cept similar to the Community School Program, i. e. , adult activities of a recreational and educational nature. These meetings were the best attended of the year. 5 In view of the continuing public demand it became apparent some public body should take the responsibility to act as initiator if these expectations are to be brought into reality. This is the purpose of this letter. The Board of Education of School District #276 would like to join with the Village of Eden Prairie and the nine other munic- ipalities making up this School District in a jointly sponsored Com- munity Program to work toward implementing coordinated, community- wide recreational and educational activities. In order to get such a program started, a monetary contribution to- ward the administration costs of the program would have to be pro- vided in the various 1973 municipal budgets. The Board of Education asked its administration to prepare plans for implementing a Communi- ty School Program and to submit a proposal to the State of Minnesota for support of a Community School Coordinators ' salary. A copy of this application is attached as Appendix B. This application was sub- mitted and approved with reimbursement on a monthly allocation up to an amount of $5000. 00 the first year. With this encouragement, a tentative plan for implementing a Communi- ty Program was submitted at the August 10, 1972 Board of Education meeting. The plan was adopted with the recommendation to implement the program as soon as possible, contingent on cooperation of the mu- nicipalities: Details of a suggested method of community financial support may be found in the appended excerpt (Appendix C) from the plan of action for implementation of the Community School Program. This same concept would involve participation of the Village_of Eden Prairie of $.1001,00 m.the,,,197,3budget for the administration of a Community School Program. Realizing there are many questions to be answered about this expend- iture of funds, the mar'rer in which the program mightbe operated, and its administrative organization, we would like to request time on your next Council agenda for a presentation of the rationale for the program. We would anticipate several persons, including a District Administrator, a Board of Education member, and an interested citizen, to take part in the presentation. The plan is still develop- mental and adaptations will be possible from your participation. Thank you for your consideration. .We hope the Village of Eden Prairie will see fit to join with the Board of Education in providing our citizens with this most worth while program. The Superintendent of Schools has appointed Dr. Dale Rusch to be administrative liaison between the School District and the municipalities. Inquiries and replies regarding this request should be directed to Dr.. Rusch at the Administrative Office for the School District. The telephone number is 474-5401. Sincerely, /11] I • William E. Huskins, Jr. Chairman, Board of E• n bw Attachments . • • 1 _ - Minnetonka Public Schools _Agenda III, A Excelsior, Minnesota May 23, 1972 • To: . Board of Education • • . • From: Sports and Recreation Committee • Paul Mason, Chairman • • Re: Sports and Recreation Study _ • The need for a statement of overall policy and direction regard- .ing the role of the school in providing physical education, sports, and recreation programs has become apparent. Accordingly, the Board of Education has agreed that a committee is needed to review - the role of the schools in these areas. . • • • The charge to the Committee is to recommend an "action" • plan'for the school system and the community which has the goal . of providing a balanced, viable program in physical education, intramural and interscholastic sports, and recreation. The plan • should identify those functions which the school system is best . • equipped to serve and those functions which could best be provided through other community institutions. The plan must be one which . the Board of Education can support within currently available and projected resources. It should delineate the resource requirements • of such a plan in terms of finance, staffing equipment, and facilities, using current levels of District support as a benchmark. • In the event the recommendations assume or propose a • . . changed role for community-sponsored programs to augment or replace school programs, the_Committee's rationale should be • • laid out in terms which will serve as the basis for developing community interest in carrying out such.a program on a continu- . • ' • ing basis. ' The attached report is the Committee's appraisal of current • programs and.procedures, recommendations for community-school - cooperation and suggestions for financing. • . • j C, IL. ( GOAL: ' To develop a cooperative school and community recreation, physical • education and sports program. .• • PROCEDURE: - The committee on recreation and sports was divided into sub-committees to study the various existing school and community programs. The sub-committees, composed of community and school members, made recommendations to the full . committee, who in turn developed the recommendations and action plan in this report. • Included in this report is analdenda providing supportive rationale and other . data to support the recommendations. . RECOMMENDATIONS: . • 1. The key to the success of the committee's recommendations is the ' . creation of a "Community Services Council" representing the school and communities. This eleven member council will be appointed by • the Board Of Education and should be representative of the various communities, interested community groups and the school. This council will hire a "Community Services Coordinator" whose responsibility will be to develop, organize and coordinate the community programs, including summer, senior citizens, etc., so that they dovetail with the school programs. • The coordinator is responsible to the "Community Services Council" • who in turn is responsible to the Board Of Education. • A suggested budget with source of funds is attached. • If this recommendation is to be 100% effective, we must have financial help from the communities in the district. We have • . had no definite financial commitments from the communities, but they have encouraged us to continue and have indicated that they will be cooperative. • - • • Apply to the state under the Minnesota Community School Law, , . • • 1971, for financial support to institute this program. • ' . Apply to 'Suburban Recreation Association for financial • •• support as well as program guidance and support. :_ 2. School Recommendations • ' •, :. Wrestling , . , ' ' - continued - - • - DEPARTMENT OF EDUCATION • • DIVISION OF INSTRUCTION St. Paul, Minnesota • APPLICATION FOR APPROVAL OF PARTIAL REIMBURSEMENT OF SALARIES OF COMMUNITY SCHOOL DIRECTORS OR COORDINATORS Part I Fiscal Year 1972-1973 • . SCHOOL DISTRICT Minnetonka Public Schools • DISTRICT CODE 276 ADDRESS 261 School Avenue • • CITY Excelsior ZIP CODE 55331 - SUPERINTENDENT T. W. Foot • CONTACT PERSON FOR COMMUNITY SCHOOL PROGRAM • • NAME • . ADDRESS • • TELEPHONE (AREA CODE) _ 612 (NUMBER) 474-5401 • PART II NARRATIVE DESCRIPTION OF COMMUNITY EDUCATION PROGRAM.PLANS • A Community School Study group was appointed early in 1971 by the Minnetonka • - Public Schools to explore the nature of and the feasibility for a Community School program. The study group included two representatives from the community, one Board of Education representative, and three district staff members ( two of which• are former Mott Fellows with experience in the Flint, Michigan program). This study group conducted a conference on the Community School at which:all local . • governmental units, civic groups, and other community groups met to learn and discuss the concept of community schools. Dr. Philip A. Clark, Community School Development Center, at Western Michigan University was one of the re- • source persons at the conference. The conference did reveal an interest in the community school program and the feasibility for it in Minnetonka. . Early in the 1971-72 school year a related community-school Sports and Recrea- tion task force was appointed-by the District to develop a cooperative school and community recreation, physical education and sports program. This task force included in its recommendations the creation of a ''Community Services Council" . representative of the school and communities. The Council would in turn hire a . "Community Services Coordinator•' whose responsibility- would be to develop, or- ganize, and coordinate the community school programs, including summer, • senior citizens, etc. so that they dovetail with the school programs. This proposal unites the efforts of the Community School Study Group and the Sports and Recreation task force into the beginning of a Community-School pro- gram for the Minnetonka District and related communities. The various com- munity governing bodies have given their:encouragement to the development of a Community-School program but have made no financial commitments, at this time. They have indicated that they will cooperate. The State Department of Education • reimbursement of part of the Community-Services Coordinator salary($5000. 00) will be a vital part of initiating the Community-School program in the Minnetonka community. • The following organizational chart shows the relationship of the school district, the local governmental units, and community groups to each other and, in turn, • to the proposed Community Services Council and Coordinator. Following the • organizational chart is a statement of function for the Community Services Council and a job description for the Community-Services coordinator. • r ORGANIZATIONAL CHART FOR MINNETON•KA. . sI • _ ' •. CC"`A-MUNITY-SCHOOL SERVICES F'�OGRAM • ri , • .• I Community. 1 Board of • I Local Govt 'Community Groups • • : Education 1 Units j Recovnized-Bd. Ed • • • , . • , , . . • [Supt. 1 . • • 1 _r._ . i • --- - Community . - ' V Pr nci 4 orts i l i1t Services • pals famurai I Council • j Community . :• [[ . . . ' • • .1 'School Serv- - • - - ` , — ices Coord. 1I Accotinta$i.1it ' • Accounts a ity.: Relationship Cooperative" . - --- .— -. — -Advisory f . Relationship. . / • , , . Appoints re- • presentatives • to Council COUNCIL MEMBERSHIP • I. Board of Education representation; 7 persons • • . 1 elementary . . '1 secondary . • w 1 adult education • 1• sports and intramuir-als'. ./ . 3 at large . IL One representative from each local'governmental unit (approx. . eight such units) . . ' • III. One representative recommended to the Board by community • group formally recognized by.the Board of Education. (Such ' as Senior Citizens; Suburban Recreation Association; Church recreation groups; etc. ) * The Community-School Services Coordinator is selected b�r`'':1:�:_ the council and recommended to the Board of Education for-f; -- • ` employment? ( 1 . • BUDGET SUMMARY FOR. COMMUNITY SCHOOL SERVICE PROGRAM - Cost Categories and Description . Salaries, Coordinator (full time) $ 16, 000 Clerical 5, 100 ' Fringe benefits .. . • Hospitalization and Medical . • Insurance 784 . • . . . . Disability Insurance 114 . Life Insurance • 52 , Substitute (sick leave) 200 • • . • Office equipment (one time item) . 1, 500 • General Supplies & Instruction Materials. 2, 500 . Mileage 200 • • Printing and Publishing • 2,400 . Telephone 280 . In-Service training and conferences 1, 850 • _ Travel (non-local) ' 500 . • . ' Postage 720 ...• Total: $:32, 200 . SOURCES OF INCOME Category • • School District 11276 I2, 350 . Local Government Agencies 12, 350 • • • • State Reimbursement 5, 000 Suburban Recreation Assn. 2, 500 . • • Total $32, 200 '- • • 13 PART III CERTIFICATION - WE CERTIFY THAT: The community school director or coordinator employed with-this grant will be assigned to promote, organize, coordinate and direct a community educa- tion program and will be administratively accountable and responsible direct- ly to the school superintendent. In the case of a joint powers agreement, the superintendent may delegate this responsibility to the Community School Ad- visory Policy committee established to work directly with the Community School Director. • • The school board by resolution adopts the Community Education Concept. (Copy of such resolution attached hereto. ) An evaluation will be made of the effectiveness and efficiency of the commu- nity education program in accordance with state board regulations and commu- nity school guidelines. • Fiscal and program reports will be made-in accordance with state board regu- lations and community school guidelines. •0.pla,nfor the district community education program has been approved by the school board and is incorporated as a part of this application. • The community school director or coordinator has completed or will be re- quired to complete in-service activities specifically designed to improve his • competencies. ' • Community Education programs will be developed and conducted utilizing the maximum feasible participation and cooperation of other state, county, mu- nicipal and federal governmental agencies and the people of the community served by the community education program. • All cooperative agreements with other governmental agencies or non-profit corporations will be made in compliance with applicable Minnesota statutes and state board regulations. • All funds which may accrue to the school board for the support of the commu-.. nity school program described in this application will be accounted for and disbursed in accordance with all appropriate Minnesota statutes, state board regulations and directives of the department of education. • • Signature of Superintendent, T. W. Foot • Date f SCHOOL BOARD RESOLUTION WHEREAS, the school board believes that there. should be a • comprehensive community education program which would bring to- - gether and coordinate resources of organizations, agencies, and groups in the community and which would promote a more efficient use of. school and community personnel, buildings and equipment;•and WHEREAS, the school board has determined.that the probable number of participants will justify such a program in District No. 2% ; .and • WHEREAS, the school board of District No. 276 will pro- t • vide the necessary funds in excess of the state g rant and all other.sources; and . WHEREAS, the school board is ready and willing to appoint or 1! employ an individual who is responsible to assist in establishing and co- il ordinating Community Education programming. . NOW, THEREFORE, Be it resolved that the Commissioner of Education is hereby re- quested to approve a community school grant to the School Board of District No. 276 subject to compliance with the Regulations of the State Board of Education and the guidelines prescribed for the Community School Program ' Adopted this ' ' day • of • , 19 • • Superintendent, T.• W. Foot Is Chairman, School Board of Implementation of Page 7 . Community School Program • 2 . The Sports and Recreation Committee submitted a funding proposal with their report which as- sessed six communities on a per capita cost bases • of one dollar per resident in District #276. This seems to be a logical method of assessment. However, in order to avoid any complaints, all municipalities making up District'#276 should be assessed- by this method. Since the budget as submitted in the funding proposal to the State asked less of the municipalities than the S & R Committee proposal, a lesser assessment • is proposed. The following assessment at $.45 per capita is suggested. COMMUNITY POPULATION ASSESSMENT Deephaven 3,853 1,734 Excelsior 2, 563 1,153 Greenwood 587 264 Shorewood 4,223 1,900 Tonka Bay 1,397 628 Minnetonka (276) 12,000 5,400 Woodland' ,-z7°. °o • Chanhassen •i%z 0 o Eden Prairie 4s$ioa. 0 0 3,500 1,5 5mioboN4o ',fit o o. Totals 28,123 $12,654 • • The total dollars are slightly more than the amount of money needed in the proposed budget. 3. It is suggested the cooperation of the four larger municipalities is required if the program is to be implemented. How to administer the pro- gram if some municipalities cooperate and some do not, is a policy decision to be made by the Community Services Council. There will be some additional cost to the School District and the Municipalities as the program gets under way. The budget proposed to the State and for which the above funding pertains was for administration only. The program will no doubt be applying for Federal funding through some of the Title acts. Most of these Title acts require match- ing funds either in-kind or with hard money. As an example, the Older American Act, Title III, has a matching ratio of 75-25 the first year, 50-50 the second and 25-75 the third year. This is a hard money outlay. Some other pro- ! (9 - Education ::fir -:� 'p'^at 2-:cam � Capitol Sqt 2, 550 Cedar Street �t i _ L paw,r ;1. . nesota 55101 t7i'i December 22, 1972 • • • • Dr. Dale Rusch Assistant Superintendent of Schools . 261 School Avenue - Minnetonka, Minnesota 55331 Dear Dr. Rusch • It was a pleasure to *have visited you on December 19 for the purpose of discussing your community. education future. You revealed to me the difficulty in obtaining mutual cooperation and agreement by the ten different villages that make up the Minnetonka School District: I realize that the 'personnel at Minnetonka has .been struggling to get:the full .coordinated cooperative agreement in Minnetonka and it has taken quite a bit of effort on the part of many different people. As I indicated to you, our advisory council on community schools, particularly the. re•aliocation committee, has set a January 1 , 1G73, cutoff for school districts to have appointed a director. School districts that do not have a director at this date will lose their reimbursement for the second half of this fiscal year. The amount that you would lose would be $2,500. We do not intend, however, to do away with your application, which had been approved previously. We would honor it and wait until July 1 and make it effective again. Hopefully, by this date., you will have had a community education director or coordinator assigned. • Once again, it was nice meeting you and establishing this contact. I know that you have had several applicants for the position, and I will know that you will want to hire a very competent person. He will have to be this type of a person in order to do justice to the job in such a varied and diversified school district as Minnetonka. • Best wishes for an enjoyable holiday season. . Sincerely, • • Lawrence Erie, Director Community Education LE:emk cc: 'Dr. Theodore Foot I7 II MORANDUI4 OF UND TANDINtG.- x BETWEEN • • THE • MINNETONKA PUBLIC SCHOOL DISTRICT #276 261 School Avenue, Excelsior, Minnesota 55331 • AND • THE VILLAGE OF EDEN PRAIRIE • • THIS MEMORANDUM CONTAINS UNDERSTANDINGS RELATING TO THE FOLLOWING PR.E-IDENTIFIED SUBJECTS, PLUS OTHER CATEGORIES OF CONCERN ADDED BY • THE MINNETONKA PUBLIC SCHOOL DISTRICT # 276 OR THE VILLAGE OF • EDEN PRAIRIE AND AGREED TO BY THE TWO POWERS. I. BASIC PURPOSE • The purpose of Minnetonka Community Services is to bring together • • • representatives of community organizations, Eden Prairie ntunic• pa:l.iti.es, and.School. District #276, into association •so that -well • planned and' directed programs will be enacted. These prograis will include academic improvements, vocational improvements, leisure and . recreational services, enrichment, and social activities. They will utilize school district, community, and private resources and facil- ities. 'They-will be for. all ages and social and economic groups re- siding in the geographic boundaries of the sponsors which lie within School District #276. II. OBJECTIVES • • • • The objective of the Minnetonka Community Services Advisory Council shall be to: A) Identify, coordinate, and inform the public of resources available to the community and encourage support. • B) Coordinate community resources by• promoting: 1. Greater use and sharing of human talents and resources. 2. Lifelong learning and enrichment opportunities for all ages. . 3. Greater use of educational and community facilities. 4. Improved community-school relationship. • 5. Increased interagency coordination and cooperation. 6. Increased citizen involvement in the educational and commun- ity development in the• decision-making ,process. • -2_ • C) To coordinate the recreatioa programs of those communities who have programs, and encourage programs for those communities that do not. • D) To coordinate community resources to work towards common goals. - III. PURPOSE OF AGREEMENT WHEREAS, the School•District is organized for the purpose of providing public school education, including at its discretion, public evening . school and adult education programs and associated recreation programs, . 'within its geographical boundaries; anti WHEREAS, Eden Prairie is authorized to ( and does ).provide recreation..._ I' t • and civic progrmas for citizens within its geographical boundaries; and • • WHEREAS, the School District and Eden Prairie' ( hereafter sometimes collectively called the "Sponsors") within their collective po,jers,• de- sire to cooperate in the establishment and operation of a Community Ser-• ' • • vices Program, as that term is defined herein below in Article III Al , within the total area encompassed by the boundaries of the villages and • • • cities which lie within School District 276. NOW, THEREFORE, the Sponsors hereby agree with others as follows: • • A) The Sponsors"- shall jointly and cooperatively establish and operate a Community Services Program. 1. . The term "Community Services Program" is defined, for • the purposes hereof, to mean the following: • . . • • A program of academic improvement, vocational improve- ment, leisure and recreational service., enrichment, • . and social activities, utilizing School District plants, • Eden Prairie parks and recreation facilities., private • resources, if and when available, for all ages 'and so- • -cial and economic groups residing within the geographic . • •boundaries of the Sponsors . within School District 276 • (the ."Comma i ty") 2. The responsibility for operation and maintenance of the . Community Services Program, except as otherwise set forth • herein, shall be the School District's. . Recommendations • shall-be received by the School Board concerning the Pro- • - gram from the Minnetonka•.Community Services Advisory Coun- . • cil Board of Directors which shall be composed of the fol- lowing persons: • • - • 3- a. Each village or municipality served by Minnetonka School District #276 and who is party to the Memo- randum of Agreement, shall be eligible to be repre- sented by one (1) voting delegate on the Board of • Directors. b. Minnetonka School District #276 shall be entitled- to five (5) members to the Board of.Directors. • C. TWO at-large delegates to be elected by the Minnetonka Com unity. Services Advisory Council membership at the annual meeting. IV. POWERS OF THE MINNETONKA COMMUNITY SERVICES ADVISORY COUNCIL BOARD OF . DIRECTORS The Advisory Council through its Board of Directors shall have power: • A) At its first meeting to elect a president, vice-president, secre- tary,. and treasurer, who shall serve until the first regularly scheduled meeting of the Board of Directors following the annual • meeting of the Minnetonka Community Services Advisory Council. Thereafter, such officers shall be elected each year at the first meeting following the general annual meeting. • B) To adopt by-laws, complete and organize and formulate such other operating rules and procedures as may be useful, desireable and necessary to permit it to function as a committee intended to. recommend essential matters including but not limited to person- nel, pay scales, salaries, fees and charges, budgeting, program ming, and etcetera, associates with the operation of the Community ' Services Program to one. or more of the Sponsors, as is set forth • below. • C) To recommend that the Sponsor make application for State and Federal funds available for the purposes hereof pursuant to any Federal or State legislation which may now be inexistence or may be enacted • hereafter by the Congress of the United States or by the State of Minnesota for the benefit of Eden Prairie, the School District its teachers and pupils, resident therein. - D) To develop a Minnetonka Community Services Advisory Council repre- • sentative of the residents of the Community and the cultural,- social, civic, and educational resources thereof, which.the Advisory Council may make recommendations to the Board of Directors concerning programs and operations of the Community Services Program, in order that the general purposes of this Agreement may be accomplished. Po --#-- E) To recommend to the Sponsors a program of public information concerning the Community Services Program.. F) To recommend to the Sponsors the contents of the Community Ser- vices Program and to recommend to each Sponsor individually, which of its resources., facilities,. and personnel should be made available to the Community Services Program in order that the general purposes of this Agreement may be accomplished. G) To recommend such other matters as are determined by it to be in the interest of the Community Services Program•in order that the general purposes of this Agreement may be accomplished. V. DIVISION OF COSTS • A) All -personnel hired to establish and operate the Minnetonka • Community Services Program shall be paid by the School Dis-- . trict from the Minnetonka Community Services fund. . All remain-. ing costs and expenses of the Minnetonka Community Services • • Program shall be. paid by the School District from the Minnetonka • Community Services fund. no- Each Sponsor shall endeavor to make application for all State and Federal grants and funding programs and private and foundation resources that may be available to it to fund any item of expense to the Community Services Program,. including salaries, provided that in such Sponsor's opinion the requirement, or conditions neces- • sary to obtain such grants and programs are acceptable to it, and • only in cases where it is more advantageous than through the Ad • visory Council or where funds are only available to a village or city. C) . Eden Prairie shall pay the School District on a per capita basis, the amount of which is to be determined annually, for the number of Eden Prairie residents living within the School District T , CONTRIBUTION. OF PROGRAMS AND'FACILITIES • A) It is expressly understood and agreed that all educational facilities, • equipment, programs, and staffs made available by the School District shall be utilized in the Community Services Program.under the, exclu- sive supervision. and control of-the School Board. • B) The costs of.maintenance, upkeep, and utilities for .the Public Re- sources made available by the parties w-ili-be borne by the respect-• ive owning party and there will be no charge for said costs to the • Community Services..Program account, as that term is defined in Art- icle VIII. C) Eden.Prairie will advise the Minnetonka Community Services Coor- , • dinator each year which of its Public Resources may be used for the Community Services. Program for the following year, and the conditions thereof in order to assist in the'preparation of the Community Ser- vices Program.' ( • -5- D) Each Sponsor shall maintain presently existing public liability insurance coverage upon. its Public Resources made available for the Community Services Program and each shall, prior to July 1 , obtain a coverage endorsement -upon all such policies providing specific insurance coverage of occurrences arising out of the . use of the Public Resources of each Sponsor pursuant to this Agreement. VII. SUPEI VISION OF PROGRAM All activities of the'administrative official in charge of the Commun- • ity Services Program (the "Coordinator") will be under the direct super- • vision of the School District's Director of Administrative Services. The coordinator shall implement the goals of the Community Services Program to attain fuller utilization of Public Resources and also private community resources in attempting to solve community problems and greater community use of educational facilities by neighborhood residents and car- ry out the objectives and goals, of the program as recommended by the ;Ad-- visory Council. The School District shall provide office space to permit the Coordi'nator to .administer the Community Services'Program. 'The cost of all necessary supplies and materials shall be shared by the parties pursuant to Article V above. . • VIII'. BUDGET • The School District shall allocate funds necessary to operate the Com- munity Services Program in its annual budget. The receipts and dis- ' bursements required for the operation of the Community Services Program will be accounted for by the School District in a separate- School District account. The receipts of the Minnetonka Community Services account shall • consist of: A). Appropriation from School District as provided in its adopted budget. , \p) Payments from Eden Prairie to the School District pursuant to this Agreement • 'C) Gifts, bequests, and donations that may be made from any source for furthering these programs, accepted jointly by Eden Prairie the School District or by either of them. • D) Endowments or grants from private or public agencies for Community Services Program purposes, accepted jointly by Eden Prairie and the School District, or oy eizner oz them. B) Earnings, fees, and charges resulting from the operation of. the Community Services Program. . -6- Revisions that increase the total adopted budget of the Community Services Program may be made during any calendar year by agreement of all the parties. The disbursements. from the Minnetonka Community Services account shall be made for the operation of the Minnetonka Community Services Program only, and shall be made pursuant to pro- eedures required by law for the disbursements of funds. a. PAYNEIus BY EDEN PRAIRIE One-half of the annual payment of Eden. Prairie pursuant to the determination made in accordance with this Agreement will be made to • the School District during the month of July of each calendar year and the remaining one-half will be made prior to December 31, of the • same year. . X. FINANCIAL REPORTS • • The School District will furnish monthly activity and financial state- meats to Eden. Prairie relative to the operation of the Community Services Program. Such reports shall substantially conform to the principles and standards of public financial reporting as established by the Uniform Financial Accounting for Minnesota School Districts, • State of Minnesota, Department of Education, and will include therein, such reasonable detail as is required by generally accepted accounting principles. The books and records maintained by the School District relative to the operation of the Community Services Program shall be available for inspections at reasonable times by 'E den Prairie XI. PERSONNEL A) The Minnetonka Community Services Advisory Council Board of Dir- ectors shall establish, subject to approval by the School District standards, for qualification of applicants for employment of any ,personnel deemed by the Sponsors, jointly, to be necessary to be hired for the Community Services Program. • B) The Minnetonka Community Services Advisory Council Board of Dir- ectors shall establish, subject to approval by the School District, the salaries of all. personnel to be hired for the Community Ser- • vices Program. XII. TERMINATION .. This Agreement shall remain in effect and shall govern the jointly • sponsored Community Services Program of Eden Prairie and the School District, subject to the right of either party to terminate this Agreement at the end of any fiscal.year of the School District on notice in writing of its intention to terminate said Agreement given to the other party at least six months prior to the date of proposed termination. In the event of such termination, the unex- pended cash balances remaining after satisfaction of all known obli- gations in the Community Services Program account maintained by the School District and the disposition of any property acquired as a 7- result of this Agreement shall be repaid to the parties here-Lc) in the proportion on which they were furnished, or to the Sponsor con- tributing same. Each of the parties hereto shall be individually liable for its pro rata share of all debts and liabilities incurred by the Community Seiw ices Program while such Sponsor was a member thereof, even if such debt or liability is asserted after termination of this Agree- ment. • XIII, NONDISCRIMINATION A) The Minnetonka Covniunity Services Advisory Council shall be non-sectarian, 'and non-political. No commercial enterprise and no political candidate can be endorsed by it. The name • , of this Advisory Council or its officers in their offical ca- pacities shall not be used in any connection with a commercial concern or with any partisan interest or for any other purpose other than the regular work of the Advisory Council. - B) The Minnetonka Community Services Advisory Council affirms that: • . 1. There shall be no discrimination with regard to hiring, as-- • signment, promotions. or other conditions' of staff employment. 2. The Advisory Council is open to representatives from all seg- ments of the public as defined in the by-laws. • 3. There is no discrimination or segregation of race or sex in any service provided by the Minnetonka Community Ser- vices Program. IN WITNESS WHEREAS the parties hereto have caused this MEMORANDUM OF UNDERSTANDING to be executed by their respective duly authorized of- ficers pursuant to the authority granted by the attaehed resolutions adopted by the Eden Prairie Council, Minnetonka School District # 276, and the Minnetonka Community Services . Advisory Council. Independent School District #276 E N P Henne.in County, Minnesota late g f� 2'1 . irm May r - /IX • • Superintendent - /' ager Clerk • • .ATTESTS • T: • • • • • Minnetonka Community Education E�\► vSEIL and Services r �I Attn:Ann Miller 5621 Cty Rd 101 Minnetonka, MN 55345 INVOICE NO:0025 952-401-5050 Fax 952-401-5011 DATE:April 5,2000 To: Ship to (if different address): Carl Jullie City Of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 SALESPERSON YOUR P.O.# DATE SHIPPED SHIPPED VIA F.O.B. POINT TERMS QUANTITY DESCRIPTION UNIT PRICE AMOUNT City share of Minnetonka Community Education and Services program 1999-2000 City Of Eden Prairie $1,427 SUBTOTAL 1,427.00 SALES TAX SHIPPING & HANDLING TOTAL DUE $1,427.00 Office use only accout code: 04-500-505-000-321-099 Make all checks payable to: MCES If you have any questions concerning this invoice, call: Ann Miller, 952-401-5057 THANK YOU FOR YOUR BUSINESS! 5 City of Eden Prairie City Offices 8080 Mitchell Road•Eden Prairie, MN 55344-4485 C?CJEr� Phone (612) 949-8300 •TDD (612) 949-8399 •Fax(612) 949-8390 prai ri mom. www.edenprairie.org July 10,2000 • Dan Kuzlik, Executive Director Community Education Services • 5621 County Road 101 Minnetonka,MN 55325 Dear Mr.Kuzlik: Upon review of the initial correspondence and Memorandum of Understanding Between the Village of Eden Prairie and the Minnetonka Public School District 276, City staff believes that it is appropriate for the City of Eden Prairie's Park and Recreation Citizen Advisory Commission, the Program Board, and City Council reconsider the Memorandum of Understanding. It is obvious the need for the original Memorandum of Understanding was for the purpose of initiating a Community Education Program for Minnetonka School District to 276. At about that same time,the City of Eden Prairie was making a similar effort with Eden Prairie School District 272. In the subsequent 18 years the Community Education Programs at the Minnetonka School District and Eden Prairie School District have developed extensive service programs and the City of Eden Prairie has developed a full service park and recreation program. In the late 1970's the Eden Prairie School District no longer required a funding partnership with the City of Eden Prairie, while the Minnetonka School District continued to charge the City of Eden Prairie$100 per year as a token support amount. While the City of Eden Prairie strongly supports Community Education Programs in Eden Prairie and Minnetonka, it questions continued need for financial contributions from a municipality that is already providing a full service recreation department and given the fact that school districts can levy up to $5.50 per capita for Community Education services. City staff is recommending the Parks and Recreation Citizen Advisory Commission, the Program Board, and the City Council reconsider the 1972 Memorandum of Understanding with School District 276 and would invite you to attend the various meetings to discuss the rationale for this continued fee. The Parks and Recreation Citizen Advisory Commission will next meet on August 7th, the Program Board on August 22th, and the City Council will consider this item at their September 5th meeting. r:. Recyclable Paper Dan Knzlik July 10,2000 Page 2 I have enclosed a copy of the memorandum that will.be forwarded to those Commission, Board and Councilmembers and would request you call me at 949-8440 with any questions regarding this proposed discussion item. Sincerely, Robert A.Lambert Director Parks and Recreation Services RAL:mdd • • CITY COUNCIL AGENDA DATE: September 5, 2000 SECTION: Reports of Director Parks and Recreation Services SERVICE AREA/DIVISION: ITEM DESCRIPTION: Conservation Areas ITEM NO: Parks and Recreation Survey and Management Plan Robert A. Lambert Directory X)) I C, Requested Action Motion: Approve the Eden Prairie Conservation Areas Survey and Management Plan dated June 2000. Synopsis The City of Eden Prairie and the Riley/Purgatory/Bluff Creek Watershed District received a Greenways Planning Grant for development of a survey and management plan for the following conservation areas in Eden Prairie: • Edenbrook • Edenvale • Lower Purgatory Creek • Purgatory Creek • Riley Creek • Timber Creek • Westgate The Conservation Areas Survey and Management Plan was completed in June 2000 and provides a survey of the plant communities, as well as management and restoration plans for each of the seven sites. This plan has also prioritized the steps that should be taken first in order to preserve the highest quality sites. This plan describes the quality of each of the sites, the strategy for restoration and management of each site, as well the steps that should be taken to preserve and restore these conservation areas. The City and the Watershed District will also apply for a Phase II grant that will develop plans and specifications for public access and nature and interpretive trails through each of these sites. The goal of this project is first to provide a management plan that would outline steps that should be taken in order to ensure the preservation of these sites, and second to provide public access to these sites so residents are able to enjoy and appreciate these conservation areas. City Council Agenda 9/5/2000 Conservation Areas Survey and Management Plan Page 2 Some of the management practices that are recommended may be controversial, for example, removal of invasive tree species such as red cedar and buckthorn, controlled burning of prairies, • continued deer control, developing trail systems that provide public access to these sites.. The City has a limited budget for maintaining the park and open space system; however, it is the intent to begin addressing the highest priority projects as soon as funding is available. Restoration and management of these sites is a long-term process with a goal that 25-50 years from now the plant communities in each of these sites will be a higher quality than what is present today. Without a commitment to managing and restoring these conservation areas invasive species that are present today will eventually overrun the native plant communities. BL:mdd H:\Lambert 2000\Conservation Areas Survey • • • • • • CITY COUNCIL AGENDA DATE: September 5,2000 SECTION: Reports of Director Parks and Recreation Services SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO: Parks and Recreation Settler's Ridge Tree Removal and Mitigation Robert A. Lambert Director Report ( 3- REPORT: On August 16th while reviewing the Twin Cities Tree Trust trail project, I noticed a significant number of trees had been cut down below the grading limits in Settler's Ridge. I requested our City Forester to verify the grading plan and the removal plan with what was actually occurring on the site. On August 17th,we verified that over 400 trees over one inch in diameter had been removed and over 138 sumac of over one inch in diameter had also been cut down. Sixty- nine of the trees were dead elm; however, all of the other trees and the sumac were vegetation that was not authorized for removal by the Developer's Agreement. City staff contacted Dan Herbst(who was on vacation at the time) to advise him of the situation. Mr. Herbst was extremely upset and accepted 100% of the responsibility. He indicated that he had requested a tree service to remove the dead elms and some of the trees that had been damaged during construction. The tree service owner admitted that he was short of help and sent two inexperienced people over to the site to remove trees. As a result of this communication problem and lack of supervision 40 trees, of"significant" size according to the City Ordinance, were cut down. The tree mass totaling over 1,963 inches was lost, as well as 271 inches of sumac. All of this vegetation was growing on steep slopes and was extremely important in stabilizing that slope. The Developer has agreed to do whatever the City requests in terms of mitigation and restoring not only the significant trees, but also the tree mass that was lost. City staff have requested that the Developer replace these trees, inch per caliper inch, according to a tree plan approved by the City Forester. A total of 2,234 inches will be repaced. Attached to this memorandum is a letter from Dan Herbst, the developer, outlining his commitment to mitigate this tree loss. Also, attached is a letter from the City Attorney commenting on the developer's commitment for mitigation. City staff will continue to monitor the restoration of this site and will report back to the City Council if any issues arise that impede the progress of this mitigation. I Tree Cutting Summary at Settlers Ridge Inventory Done on August 17 — 18, 2000 {��T4iiiii:'fi::i:{viiiiiiiiiiiiiii%:?ii�ii $iiiiijTi}=�iiii:iii:<ii::iiiiii`: i i:i�i:iii: i}}}iiiiiiiiiiiiiiiiii: ��%'+:':`•'•'S�'i`<:`:;ri:-:•::a:`:i::'':::'::i`:•.:::::•:-::::{?::ii:::-isi{::�:i��'�:�'ri:•:':Y�:•:•ii:•:-::::::::::::::::::}::;:i:-'-:::iii-:::-i:�:-: n�. :::iY ii:::<t:%::{:::i:::iiii:�i:::<:::::iii'ri:vtii:::i::i:L:iii:i':iiiiiiiiii::i::ii::::i::i::i:•y::iiii::i}jj::i'.:i:{:iii::i::i::i::ii::i::: :• •ii:•iiisC•iiiii:•is4:4:?}•i::vii:0:•i:•isMiii::iii::ii"•:+4:v<i:'ti'is4i:4?i:•is4:•is4:•::•s:i:`:itii:-iSiii:iii::fn}t is '•i: t-i 4::. .::i•:•::::::. ii::iii:::::i:XiiiiiiiiiF••• `.-:-i"-.:•y}' L:•::•i:L• :^i::4;• ..:•:::4};•i}:.ii:ii:::•X.::...::::::::}iiiiiiiii:-0iiiii•i:v6.::::. ii:•iiii:ii:•i:::i.::i: '•ii:::•i::i:•i::F:•iii:::ii:LSi`:}.....h .. •iiiiiiiiiitjii::i::i::iii:::: .i}isii'F.:iY.:i::ii::i::i::i::i:ii:: i-. is i::•i iii: .}. ...:.n':•iii'-i::t :...........•:.....,i.. -�........:......:.:_., American Elm(live) 141 635 4.5 Red Cedar 63 433 6.9 Cottonwood 15 215 14.3 Oak(red&bur) 25 250 10 Sugar Maple 33 180 5.5 Hackberry 2 6 3 Hickory 7 30 4.3 Quaking Aspen 32 91 2.8 American Basswood 11 70 6.4 Ironwood 8 41 5.1 Green Ash 1 6 6 Black Cherry 1 6 6 :;.i:.i;:.;:.::.i:.i:.i:.i:.;:.;.i:.i:.>:.;:.>:.;:.::.;:.;:.::.>:•>;i;.i:;;.i:.i:.i:.i:.i:.i:.;:.::.i:.i:.::.i:.;:..i:.i:.i:.i:.i:.>:.i:.i:.::.i:.i:.i:.i:.i:.::.i:.i:.;:.::.::.>:.>:.;:.>:.::.;:.i:.;: Other Vegetation Cut Sumac 138 271 1.9 ::::>::::>::::>::::;��:::>;}}:>::::>::>:::::::::>::>`:�:::>::.':>::::>::::>::: :.::.>::::::>::.>?:;:•>i:•i:•:•::;•i:•ii:•ii::•i:•i:•i:•:>::.::.>:.::.> _ Treecuttingsummary\revised The Pemtom Land Company 7597 ANAGRAM DRIVE EDEN PRAIRIE,MINNESOTA 55344 (952)937-0716•FAX(952)937-8635 August 23,2000 Mr_Robert Lambert Director of Parks and Recreation City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Dear Mr. Lambert: First of all, I want to personally apologize to you and your staff for the unauthorized tree cutting that occurred at Settlers Ridge during the week of August 14,2000, Z also want to assure you that I will personally,as well as corporately,stand behind this problem until it is solved to your satisfaction and will uphold the high standards that you have established for the City of Eden Prairie. For the record, a number of trees had been damaged from construction or the installation of the storm sewer pipe from the pond to the creek on the eastern side of the site backing up to the Lundgren Lifestyle and Single Family homes adjacent to Riley Creek. After l: pointed those trees out to the tree cosh actor, we had a discussion concerning the number of trees that were dead or damaged when the ravines were filled and the two major erosion areas were corrected. I am most proud of that erosion correction and I feel we have turned around years of erosion on the site. To accomplish that,large dozers and an extensive amount of fill and compaction occurred as well as stepping the ravines, silt fencing,seeding, and fiber blanket. That has been a good fix. In accomplishing that fix, a number of roots and trees were damaged and there were a number of dead trees near the ravines. Faced with that issue,I instructed the contractor to remove only the dead and damaged trees since there was nothing to be gained from removing any other trees because of the severe topographical drop.. The contractor has told me that faced with an excessive amount of business and with young staff members on the site, some massive miscommunication occurred resulting in the cutting that was experienced. This letter will outline my commitment to do the following: 1. Remove by a process approved by your staff,every tree that has been cut down beyond the grading limits in Settlers Ridge. 1 - Mr.Robert Lambert August 23,2000 Page 2 — 2. To contract with a landscape firm, Lan-De-Con whose principal is Mark Laberee, to prepare a planting plan that will be approved by your staff. 3. To commence immediate work on this replanting plan under the supervision of your staff. The survival of these trees will be guaranteed for one year. 4. Grant the City a Conservation Easement from the tree line down to the rear of my lot lines. That easement is presently being prepared by Westwood Professional Services and will be sent to you for review prior to recording. The removal company has met with Stu Fox and that work is underway. As soon as that is completed,a replanting plan will be started after the approval of your staff_ This event is the worst that has occurred in my 32 years in the business and I am very sorry. Sincerely, 7OM7ANY Daniel J. H st President DJHlidt f - AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,OCTOBER 3,2000 5:00- 6:55 PM,CITY CENTER COUNCIL CHAMBER CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher,Ronald Case,Ross Thorfmnson, 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 Recorder Lorene McWaters I. CALL MEETING TO ORDER—MAYOR JEAN HARRIS II. APPROVAL OF AGENDA III. TECHNOLOGY PRESENTATION IV. CITY COUNCIL PROCESS V. STUDENT REPRESENTATIVES AT-LARGE PROGRAM IV. OTHER BUSINESS V. COUNCIL FORUM A. STEVE SATHER,PURDY ROAD VI. ADJOURNMENT B. Each person who files as a candidate for election as Mayor or a member of the Council shall file,at the time of filing as a candidate for any such office;a disclosure statement. C. Within thirty(30)days after a person has become a public official,such person shall file a disclosure statement, unless such person has done so pursuant to Subparagraphs A or B hereof. D. In the event any person fails to file a disclosure statement within the times provided in Subparagraphs A,B or C hereof,the City Manager or his designee shall give written notice of the provisions of this Section to such person who shall thereafter file a disclosure statement within ten(10)days from the giving of said notice. E. Any material change in such property interests of rights shall be disclosed by filing an amended disclosure statement within thirty(30)days after such change has occurred. F. This Code of Ethics shall not be construed to require the filing of any information relating to any person's affiliation with, or interest in, any professional society, charitable,religious, social, fraternal, educational, recreational,public service,civic,governmental,political,or similar organization. Subd. 4. Violation. A willful violation shall include any willful violation of any of the provisions of this Section by any person covered hereunder,except the failure to file a disclosure statement within the time provided in Subdivision 3,Subparagraphs A,B and C hereof. Such violation shall be a petty misdemeanor. Source: City Code • Effective Date: 9-17-82 SECTION 2.05. SALARIES OF MAYOR AND COUNCIL MEMBERS. Subd. 1. The monthly salary of the Mayor shall be$500.00 until December 31, 1992,and shall be$600.00 thereafter. Subd. 2. The monthly salary of each Council Member shall be$400.00 until December 31, 1992,and shall be$500.00 thereafter. Source: Ordinance No.41-92 Effective Date: 10-30-92 Subd. 3. In addition to the above, A. The Mayor and each Council Member shall be paid the following amounts for attending special meetings of the Council and other meetings involving City business: $25.00 for meetings of up to two(2)hours duration, $50.00 for meetings over two(2)hours,but not to exceed a maximum amount of$50.00 for any single day. Each such person shall also be reimbursed for reasonable expenses incurred while attending to business of the City,until December 31, 1992,and B. After December 31, 1992, the Mayor and each Council Member may be paid the following amounts for attending special meetings of the Council and other meetings involving City business: $25.00 for meetings of up to two(2)hours duration,$50.00 for meetings over two(2)hours,but not to exceed a maximum amount of$50.00 for any single day. Such activities for which the Mayor or Council Members may qualify to be paid are limited to service as a representative of the City: 1. At meetings of boards,committees,commissions,or other entities of the City,or of which the City is a member,and which do not compensate attendees; 2. For appearances related to litigation; 3. For appearances to testify at the proceedings of other units of government; 4. For out-of-town travel directly related to City business. • 2-2 Each such person shall also be reimbursed for reasonable expenses incurred while attending to business of the City. Source: Ordinance No.42-92 Effective Date: 10-30-92 Subd. 4. Salary adjustments shall become effective on January 1 of the year following the next regular election which is preceded by amendment of this Subdivision. Source: Ordinance No. 50-86 Effective Date: 11-27-86 SECTION 2.06. REGULAR COUNCIL MEETINGS. Regular meetings of the Council shall be held in the Council Chambers on the days and hours fixed by resolution of the Council. A schedule of the regular meetings of the Council shall be kept on file at the City Hall. Any regular meeting to be held at a time or place different from the time or place stated in the schedule of regular meetings shall receive the same notice as a special meeting. SECTION 2.07. SPECIAL MEETINGS. Subd. 1. Special meetings may be called by the mayor or by any two(2)members of the Council by a writing filed with the City Clerk. Subd. 2. Notice to Council Members. The City Clerk shall send written notice to all Council Members of the time, place and purpose of a special meeting,except an emergency meeting, at least three(3)days before the meeting. Subd. 3. Notice to Public. For all special meetings,except emergency meetings or special meetings for which a notice requirement is otherwise expressly established by statute,the City Clerk shall post,at least three(3)days before the date of the meeting,a written notice of the date,time,place and purpose of the meeting in the City Hall where other notices are generally posted. Subd. 4. Notice Pursuant to Special Request. Any person may file a written request for notice of special meetings with the City. A person filing a request for notice of special meetings may limit the request to notification of meetings concerning particular subjects,in which case written notice as provided below need be given to that person concerning special meetings involving those subjects only. Each written request shall expire December 31 of each year and must be refiled to remain effective. Prior to December 31 of each year,the City Clerk shall send out notices of the refiling requirement to each person who filed during the previous year. The City Clerk shall mail or otherwise deliver a written notice of special meetings,at least three(3)days before the date of the meeting,except an emergency meeting,to each person-who has filed a request therefore. As an alternative to mailing notices to persons who have filed written requests, the City may publish the notice once, at least three(3)days before the meeting in the official newspaper or, if there is none,in a qualified newspaper of general circulation within the City. Subd. 5. Actual Notice. If any person receives actual notice of a special meeting at least twenty-four(24)hours prior to the meeting,all notice requirements of this section are satisfied with respect to that person. SECTION 2.071. EMERGENCY MEETINGS. Subd. 1. An"emergency"meeting is a special meeting called because of circumstances that,in the judgment of the Council,require immediate consideration. In determining what constitutes an emergency,the Council shall be guided by considerations of whether the situation calls for immediate action involving the protection of the public peace,health or safety. 2-3 ision 200-1 A Strategic Direction 1Sl.On Eden Prairie is.a vibrant city characterized•bythe.`thoughtful integration ,: ` • ' of natural beauty with,physical.development.. Respect for•the-past;. . ' planning fo the fumre, and delivery of public services,contributes to a • • •• • strong sense Of community where people live, work, shop,:and play: ..{::.. Values Statements;' - • . We will acti•vely seek information-through an-open process'and::make ..: decisions.only after careful:consideration: '• . We_will balance,competing•needsCinterests.within the framework of,': :" •" communityresource • - We:will`make decisions that.are•f sca ly sound and sustamable: • • • We,will Make:decisions that support the Tong-term needs and•.vision of • - the community: " - . We will:foster_a safe and caring:community that welcomes-and enhances-, •economic, et niC, cultural,:and life-cycle diversity: , _ 't ; ° .7•N� V 3�14e'.A F 47ti re 't,! 44: '1.. 1 .4.;»N -' Mt,''u•k'{ Mh „ ' t P 'y�P '':^�M a +f-'l„� ,t7 7 I t, I n � J,r,il1 f II w } 04:M � . q d 1 . _ II r.iti, ,: " i I. er ya �� .�-.-1'r 1i1 ¢ 4 _ , r, 7 4 H}} iii i. • . Under the leadership of the Mayor and City Council, the City undertook a ' strategic planning process that involved the residential and business community, policy makers and professional staff..Community"members said that the City is - _. doing a•quality job of providing services and that the city should enhance-and:.• improve current services as needed. Community members also identified five critical , _-.areas: Transportation;.Public Safety,-Economic Growth,.Natural Resources, Leisure Services, and'asked City officials to take a leadership role,in addressing . . these issues.In addition,"residents identified five general themes which represented ' community value guidelines: Do.more with less-Increased productivity utilizing existing facilities and services rat her ther than major expansions: - - • - • . • Optimize current services: Target efforts to ensure that needed services are - . • • provided efficiently and eliminate unnecessary programs and services.- .. : . • • : _Support incrementalism over quantum•change - Meet emerggm .needs through.• ,'; . ..program expansion or contraction instead of sweeping changes. - -..Pursue proactive negotiation,-Aggressively pursue.community interests-with .:other governmental agencies:. , - . • Promote continuous communication.-.Disseminate information:aggressively, _ • strategically,and"economically • • • ta edertPrairik, re 10 ', A. '4► w 9 . . ,� .s"• .:�4. A: tt n ? • r y; r r eJ.•. r s. * y ��r,•riMH �• u� ,1k L��u , e x i y 'IP '� i ' e .M •: �w1tit�, � r } ' " " ° {I n�i Wr ° ice # `- t i. v .R,k . rM �. 1 ,iiC : ry 4 !1 re'� 1_ ih r I� • rer' ' i F { ,, F +{) �k' � 1 - 9�' J ,rN".d�?�+�i..�'��teWj�'' ` �.. '' 1� �"'{ [a n � ,�f 1 �, -i �a I :��. ., ��:{' t n°"t '='C nr ','*r+i ",� r».e �s r -eti —�-e-.q.r � i� • Develop and nurture strategic partnerships that are mutually beneficial:ta : optimize opportunities and creatively use resources. : • Explore opportunities with adjacent communities and strategic partners-to_develop alternative public and leisure facilities. - Partner with the school'district to cooperatively develop actionplans'to address ss-c_ommon issues' '` and problems. _ _. Develop and fosterrelationships with local businesses and educational institutions to support and grow the employment base within the community: _ ' - Develop partnerships with other governmental agencies to ensure protection of our natural'and. cultural resources. = Work with regional entities and the private sector to coordinate overall transportation plans. • ''Invest resources in people,.programs, facilities;.and infrastructure to support a.. vital community, protect, our' _natural:resources and.preserve our heritage: ;-• • Promote and support volunteerism throughout the community: • • " Update the Park andOpen Space System-Plan to ensure affordability and reflect changing.public. . interests. Seek new revenue sources and alternative funding mechanisms for transportation initiatives: • :• • Develop programs to communicate and preserve our cultural heritage. . - • . Promote the development of the market center area. - Reflect our-community's diversity and changing demographics in our provision of services.and programs. Expand and intensify,outreach to all segments of the community(age,gender,nationality,economic.. background)to increase understanding and participation-in.City programs and services. - •- - Balance the level of staffing'and resources needed to supportthe effective delivery of public:' _ . • .. services to reflect changing demographics. • • -. •- Support life cycle housing to reflect the residential and business community demographics. .Provide effective, timely and open-communication.channels for City-residents and businesses to build awareness and promote-programs and services: , Initiate a public information program utilizing a variety of venues to promote City programs and services; ._ Develop a community plan to deal with high profile interests andissues: - - Make"City Hall"more user friendly. - - - . . ; CITY OF EDEN FRAME VISION Eden Prairie is a vibrant city characterized by the thoughtful integration of natural beauty with physical development. Respect for the past, planning for the future, and delivery of public services contributes to a strong sense of community •where people live, work, shop, and play. • • VALUES • We will actively seek information through an open process and make decisions only after careful consideration. • We will balance competing needs/interests within the framework of community resources. • • We will make decisions that are fiscally sound and sustainable. • We will make decisions that support the long term needs and vision of the community. • We will foster a safe and caring community that welcomes and enhances economic,ethnic, cultural, and life-cycle diversity. • Adopted by the Eden Prairie City Council this 7th day of October, 1997. CITY OF EDEN PRAIRIE CODE OF CONDUCT 1. Respect each other 2. Have an open-mind 3. Maintain open communication 4. Keep things in perspective; maintain a sense of humor 5. Support group decisions and teamwork 6. Make balanced, informed decisions 7. Practice continuous improvement • 8. Operate according to the City's adopted values and goals 9. Make decisions for the greater good of the • community *It is every member's responsibility to practice and ensure these guidelines are followed. • • Strategic Management/Eden Prairie 2001 City Council/Staff Workshop, April 22&May 27, 1997 CITY BOARDS AND COMMISSIONS Student Representative At-Large Program The Student Representative At-Large program is established to encourage high school student involvement and participation at the local government level. The program will provide student representatives with an opportunity to attend and participate in six City Advisory Boards and Commissions: Statutory Boards and Commissions • Community Planning Board Board of Adjustments and Appeals Heritage Preservation Commission • Program Boards and Commissions Community Program Board Human Rights and Diversity Citizen Advisory Commission Parks and Recreation Citizen Advisory Commission In addition,students will.audit a City Council meeting. The program runs from November through May. Each month,student representatives will attend one Board or Commission meeting. • Student representatives will receive the Agenda and meeting packet prior to the meeting. • Students will have the opportunity to participate in discussion,but will not vote. • • • A Staff"Mentor"will be assigned to the Student Representative at-large team to provide background information,coordinate monthly communications and address student interests or concerns. • The Vice Chair of each participating Board or Commission will be asked to provide a brief orientation to the students prior to the start of the meeting and assist student participation during the meetings. CITY BOARDS AND COMMISSIONS STUDENT REPRESENTATIVES AT-LARGE PROGRAM TEAM A DATE BOARD/COMMISSION LOCATION Tuesday, November 21 City Council Meeting City Council Chambers, 7:00 p.m. Monday, December 4 Parks and Recreation Citizen Advisory City Council Chambers, 7:00 p.m. Commission Tuesday, January 9 Human Rights and Diversity Citizen Prairie Room A/B, 7:00 p.m. Advisory Commission Tuesday, February 27 Community Program Board City Council Chambers, 7:00 p.m. Monday, March 19 Heritage Preservation Commission Prairie Room A/B, 7:00 p.m. Thursday, April 12 Board of Adjustments and Appeals City Council Chambers, 7:00 p.m. Monday, May 14 Community Planning Board City Council Chambers, 7:00 p.m. TEAM B DATE BOARD/COMMISSION LOCATION Tuesday, November 21 City Council Meeting City Council Chambers, 7:00 p.m. Monday, December 18- Heritage Preservation Commission Prairie Room A/B, 7:00 p.m. Thursday, January 11 Board of Adjustments and Appeals City Council Chambers, 7:00 p.m. Monday, February 12 Community Planning Board City Council Chambers, 7:00 p.m. Tuesday, March 13 Human Rights and Diversity Citizen Prairie Room A/B, 7:00 p.m. Advisory Commission Monday, April 2 Parks and Recreation Citizen Advisory City Council Chambers, 7:00 p.m. Commission Tuesday, May 22 Community Program Board City Council Chambers, 7:00 p.m. • nigroupslmgraofacelbd&commproj¢0001Student at large itinerary.doc nj September 28,2000 AGENDA HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY, OCTOBER 3,2000 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. ADOPT THE RESOLUTION RELATING TO PUBLIC FACILITY LEASE REVENUE BONDS (FIRE STATION 1), SERIES 2000A; AUTHORIZING THE ISSUANCE AND CALLING FOR THE SALE THEREOF III. ADJOURNMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA HRA RESOLUTION NO.2000-01 RESOLUTION RELATING TO PUBLIC FACILITY LEASE REVENUE BONDS, SERIES 2000A(CITY OF EDEN PRAIRIE LEASE OBLIGATIONS);AUTHORIZING THE ISSUANCE AND CALLING FOR THE SALE THEREOF BE IT RESOLVED by the Board of Commissioners of the Housing and Redevelopment Authority in and for the City of Eden Prairie,Minnesota(the Authority), as follows: SECTION 1. FINDINGS. Pursuant to the authority granted by Sections 469.034 and 469.035 of the Housing and Redevelopment Act,Minnesota Statutes, Section 469.001 to 469.047, as amended(the Act), and Minnesota Statutes, Chapter 475, as amended,the Authority is authorized to issue from time to time its revenue bonds for any of its authorized corporate purposes. The Authority hereby determines that it would be in the best interests of the Authority and in furtherance of the purposes and policies of the Act for the Authority to issue its Public Facility Lease Revenue Bonds, Series 2000A(City of Eden Prairie Lease Obligations), in the principal amount of$3,390,000 (the Bonds),to finance the cost of a project, consisting of the construction of a fire station(the Project) located in the City of Eden Prairie,Minnesota(the City), and to lease and agree to sell the Project to the City pursuant to and in accordance with a lease-purchase contract. The Authority is authorized to undertake the Project under Minnesota Statutes, Section 469.012, subdivision 1(7). The Bonds would be special, limited obligations of the Authority payable solely from the amounts received from the City pursuant to the lease- purchase contract, except to the extent paid from proceeds of the Bonds, investment income and the proceeds of any insurance claim or condemnation award with respect to the Project. SECTION 2. TERMS OF PROPOSAL. Springsted Incorporated, financial consultant to the Authority,has presented to this Board a form of Terms of Proposal for the Bonds which is attached hereto and hereby approved and shall be placed on file by the Secretary. Each and all of the provisions of the Terms of Proposal are hereby adopted as the terms and conditions of the Bonds and of the sale thereof. Springsted Incorporated, as independent financial advisers, pursuant to Minnesota Statutes, Section 475.60, Subdivision 2,paragraph(9)is hereby authorized to solicit proposals for the Bonds on behalf of the Authority on a negotiated basis. SECTION 3. SALE MEETING. This Board shall meet at the time and place stated in the Terms of Proposal for the purpose of considering sealed proposals for the purchase of the Bonds and of taking such action thereon as may be in the best interests of the Authority. ADOPTED by the Eden Prairie City Council on October 3, 2000. Jean L. Harris, Chairperson ATTEST: SEAL Christopher M. Enger,Executive Director PROGRAM FOR A MUI;ilk AMILY HOUSING DEVELOPMENT UNDER MINNESOTA STATUTES,CHAPTER 462C ROLLING HILLS SENIOR HOUSING PROJECT General. The City believes,based upon the data contained in its Housing Plan and the 1990 Census of Population and Housing,that a primary housing need of the City is an increase in housing options available to seniors within the City and surrounding area. To meet the elderly housing needs,the City plans to encourage the development in the City of multifamily housing particularly adapted to the needs of elderly residents. As a secondary benefit,to the extent elderly residents can be relocated into suitable multifamily units,additional single family detached units will become available for sale to families of younger residents. A major method available to the City to facilitate construction of multifamily housing is the issuance of tax-exempt bonds under Minnesota Statutes,Chapter 462C,and Sections 142(d)or 145, as appropriate, of the Internal Revenue Code of 1986, as amended. Target Areas. No specific areas of the City will be targeted for such developments, although development within, or in the vicinity of,the existing nursing homes and elderly housing facilities in the City would be a desirable location for elderly residents. Housing Program to Meet Need. A separate section of this Program contains specific information regarding a development to be undertaken by SCF Rolling Hills,LLC,a Minnesota limited liability company(the"Company"),whose members are ShelterCare Corporation, a Minnesota nonprofit corporation, and Ebenezer Society,a Minnesota corporation(the "Corporations"),to develop congregate living units for elderly residents in connection with its existing nursing home and elderly housing facilities. Monitoring Methods. With respect to the specific development hereinafter discussed on behalf of the Company,no special monitoring by the City is necessary. Proceeds of the bonds proposed to be issued to finance the development will be held and disbursed by a trustee bank during construction, and it is believed the oversight exercised by the trustee bank,and any title insurance company assisting the bank with the disbursement of the proceeds,will be adequate to insure the development as presented is in fact carried out. Administrative Capacity of City to Supervise Program. No special administrative work by the City is anticipated in connection with the development proposed to be undertaken by the Company. As noted above,construction disbursements will be handled by the trustee bank for the proposed bonds. After construction,the facility must be operated by the Company in accordance with various operating covenants(relating to such things as maintenance, insurance,licensing,etc.)to be contained in a Loan Agreement to be entered into by the City and the Company,which Loan Agreement will be assigned by the City to the trustee bank as security for the bondholders. All costs incurred by the City in connection with the proposed development will be paid by the Company and the Company will pay an annual administrative fee to cover any ongoing administrative costs to be incurred by the City. No additional staff will be required by the City in carrying out the proposed development. General Description of the Development. The Company proposes to(i)construct and equip a health care facility consisting of approximately 53 assisted living units and 14 Alzheimer units(the "Assisted Living Facility"),and(ii) construct and equip an approximately 75-unit multifamily housing facility designed and intended for occupancy by elderly persons(the "Housing Facility,"together with the Assisted Living Facility,the "Project"). The Company proposes that the City finance the Project by issuing revenue bonds in an amount not to exceed$24,000,000,the revenue bonds to be issued pursuant to the authority of Minnesota Statutes, Section 462C.05, subdivision 7,which permits revenue bonds to be issued to finance developments consisting of a combination of multifamily housing development and a new or existing health care facility,if certain requirements set forth therein are met.It is believed the requirements of said subdivision 7 are met because Assisted Living Facility is a health care facility within the meaning of said subdivision 7,and the Housing Facility is designed and intended to be used for rental occupancy;the Housing Facility is designed and intended to be used primarily by elderly persons. As currently planned,the Housing Facility will consist of 75 one-and two-bedroom living units, varying in size from 753 to 1,060 square feet. Each unit will be a complete living unit with bathroom, living and sleeping areas, and a kitchen. The Housing Facility will also include common areas providing amenities such as a common dining room,a general store,cinema,library/computer room,arts and crafts room, exercise room, community room and day spa,and heated underground parking for its residents. Geographic Area. • The Assisted Living Facility and the Housing Facility will be located at the southeast corner of the intersection of Rolling Hills Drive and Prairie Center Drive in the City. It is expected that the Project will draw residents from the City, and also from the surrounding area. Revenue Bond Details. Schedules prepared by Dain Rauscher Incorporated,the proposed bond underwriter,are attached as Exhibit A. The analysis assumes an issue of revenue bonds in the principal amount of$24,000,000, and is based on current interest rate assumptions. It is likely interest rates will change somewhat from those used in preparing Exhibit A. Total Project costs may also change,but the total amount of bonds issued is not expected to exceed$24,000,000. Total bond issuance costs,including underwriters' discount,legal fees,title insurance,mortgage tax,bond printing, are estimated to be approximately $450,000. -2- Meeting Needs of Low and Moderate Income Persons. The Company anticipates that the units in the Housing Facility will rent for approximately$843 to$1,650 per month. Additional services, such as home health care,laundry service,additional meal service,additional housekeeping and grocery delivery,will be available at additional cost. The Company has concluded that the units will be affordable by a significant number of elderly residents of the City and surrounding area on the basis of their current income, and that number will be increased if funds received from the sale of current residences are made available and if tax increment financing assistance is provided. At least 20%of the units in the Housing Facility will be affordable to people with incomes at or below 50%of the area median income. It should be noted that pursuant to Section 462C.05, subdivision 4,no statutory income limits are applicable to the Housing Facility because the Housing Facility is designed for rental primarily to elderly persons. Bond allocation. Because the Corporations, as sole members of the Company,are both nonprofit corporations exempt from tax under Section 501(c)(3)of the Internal Revenue Code of 1986,as amended,it is anticipated that the tax exempt bonds will be issued as"qualified 501(c)(3)bonds"pursuant to Section 145 of the Code. As such,no allocation of bonding authority is required under Section 146 of the Code. • -3- AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, OCTOBER 3,2000 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 H. PLEDGE OF ALLEGIANCE III. PROCLAMATION RECOGNIZING GERRY BECKMANN IV. RECOGNITION OF COUNCILMEMBER THORFINNSON BEING NAMED "TRANSPORTATION ADVOCATE OF THE YEAR 2000"BY THE MINNESOTA TRANSPORTATION ALLIANCE • V. COUNCIL FORUM INVITATION VI. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VII. MINUTES A. CITY COUNCIL WORKSHOP HELD SEPTEMBER 5,2000 B. CITY COUNCIL MEETING HELD SEPTEMBER 5,2000 C. CITY COUNCIL MEETING ADJOURNED SEPTEMBER 19, 2000 VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. GRACE CHURCH by Grace Church. 2nd Reading for 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, and EAW Review on 63 acres. Location: South of Pioneer Trail, East of Eden Prairie Road, West of Spring Road. (Ordinance for PUD District Review and Zoning District Change, Resolution for Site Plan Review, and Resolution for EAW Review) CITY COUNCIL AGENDA October 3,2000 Page 2 C. ROLLING HILLS SENIOR HOUSING by Hartford Financial Services, Inc. 2nd Reading for Planned Unit Development District Review with waivers on 8.97 acres, Zoning District Change from C-Reg-Ser to RM — 2.5 on 7.95 acres and Office on 1.02 acres, and Site Plan Review on 8.97 acres. Location: Southeast Corner of Prairie Center Drive and Rolling Hills Road. (Ordinance for PUD District Review and Zoning District Change and Resolution for Site Plat Review) D. EDEN ORCHARD PUD 1ST AMENDMENT (Cole Property) by Thompson Land Development. 2nd Reading for Planned Unit Development District Review with waivers on 11.27 acres and Zoning District Change from Rural to RM-6.5 on 3.99 acres and from Rural to R1-13.5 on 1.66 acres. Location: 17251 Cedarcrest Drive. (Ordinance for PUD District Review and Zoning District Change) E. SUMMERHILL SENIOR COOPERATIVE by Realife, Inc. 2nd Reading -for Planned Unit Development District Review with waivers on 3.09 acres, Zoning District Change from Rural to RM—2.5 on 3.09 acres, and Site Plan Review on 3.09 acres. Location: Valley View Road and Smetana Lane (Ordinance for PUD District Review and Zoning District Change and Resolution for Site Plat Review) F. BUCA DI BEPPO ADDITION by BUCA, Inc. 2nd Reading for Planned Unit Development District Amendment with waivers on 1.53 acres, Zoning District Amendment within the Community Commercial Zoning District on 1.53 acres, and Site Plan Review on 1.53 acres. Location: 7711 Mitchell Road. (Ordinance for PUD District Review and Zoning District Amendment and Resolution for Site Plat Review) G. ADOPT THE RESOLUTION APPROVING THE FINAL PLAT OF ANDREAS II ADDITION H. ADOPT THE RESOLUTION APPROVING THE FINAL PLAT OF BUCA ADDITION I. RECEIVE PETITION AND ORDER FEASIBILITY REPORT FOR CEDARCREST DRIVE BETWEEN RILEY CREEK RIDGE AND CEDAR FOREST FIRST ADDITION IN SECTION 20, I.C. 00-5520 (RESOLUTION) J. ADOPT RESOLUTION AUTHORIZING EXECUTION OF A GRANT CONTRACT WITH THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY, STATE PATROL DIVISION OPERATION NIGHTCAP K. ADOPT RESOLUTION AMENDING RESOLUTION NO. 99-229, RELATING TO PROPOSED REDUCTION IN NON-PRIME-TIME ICE RENTAL ON SCHOOL DAYS L. ADOPT RESOLUTION APPROVING APPOINTMENT OF ELECTION JUDGES/STUDENT ELECTON JUDGES FOR GENERAL ELECTION CITY COUNCIL AGENDA October 3,2000 Page 3 M. ADOPT RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER EXECUTE DOCUMENTS TO CONVEY EXCESS TH 212 RIGHT-OF-WAY PROPERTY TO BUCA DI BEPPO,INC. N. ADOPT RESOLUTION AUTHORIZING THE PHASE II APPLICATION FOR THE LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT (LCDA)PROGRAM O. ADOPT RESOLUTION REQUESTING A LIMITED USE PERMIT TO ALLOW CONSTRUCTIONOF THE BRYANT LAKE TRAIL WITHIN TH 212 RIGHT-OF-WAY P. PROCLAMATION SETTING OCTOBER 28, 2000, AS MAKE A DIFFERENCE DAY IN EDEN PRAIRIE IX. PUBLIC HEARINGS/MEETINGS A. SPECIAL ASSESSMENT FOR THE HIGHVIEW DRIVE/LAKELAND TERRACE NEIGHBORHOOD (RESOLUTION) B. LARIAT CENTER III by Lariat Companies, Inc. Request for Planned Unit Development Concept Amendment on 4 acres, Planned Unit Development District Review with waivers on 4 acres, Zoning District Amendment within the C-Reg-Ser Zoning District on 4 acres, Site Plan Review on 4 acres, and Preliminary Plat on 4 acres into 2 lots. Location: 8335 Crystal View Road. (Resolution for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Amendment, and Resolution for Preliminary Plat). C. PRAIRIE VILLAGE AT DELL ROAD by Rottlund Homes. Request for • ' Guide Plan Change from Low Density Residential to Medium Density Residential on 23.05 acres, Planned Unit Development Concept Review on 23.05 acres, Planned Unit Development District Review with waivers on 23.05 acres, Zoning District Change from Rural to RM-6.5 on 23.05 acres, Site Plan Review on 23.05 acres, and Preliminary Plat of 23.05 acres into 60 lots, 4 outlots, and City Right- of-Way. Location: South of Pioneer Trail at Dell Road. (Resolution for Guide Plan Change,Resolution for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Change, and Resolution for Preliminary Plat) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. FIRST AND SECOND READINGS OF AN ORDINANCE AMENDING CITY CODE SECTION 2.05,SUBD,3,RELATING TO COMPENSATION FOR THE MAYOR AND MEMBERS OF THE CITY COUNCIL CITY COUNCIL AGENDA October 3,2000 Page 4 XII. PETITIONS,REQUESTS AND COMMUNICATIONS XIII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS A. STUDENT REPRESENTATIVES TO BOARDS AND COMMISSIONS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Smith Douglas More House 2. Meeting Place for Heritage Preservation Commission (Resolution) 3. Notice of Cancellation of October 17,2000, Council Meeting 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 Highview Drive/Lakeland Terrace Area Improvements (Resolution) 2. Award Contract for Flagship Corporate Center Median and Turn Lane Improvements,I.C. 00-5517 F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT s C) . .. j I .......... i , .. - r ii, /rtz eCity 0 .: WHEREAS,'Gerry Beckmann recognized that there`were.people in-; ;� '` ; 4 z her coiiuuunity who were struggling to--meet thr.eir family's'needs, and !'HEREAS,.Gerry Beckcmanrr chose to'personally reach out, , .;committing-her life-to.the service of others, and • is WHEREAS,:through Ger,ry.Beckmann's-leadership. d dedicated 'I effort•People Reaching-Out.To People (PROP):.•was banorn.andhas'- continued to serve the community;for 30 years:; and. V •REAS,.Gerry Bec•kmann-'s spirit:of volunteerism has become , ' tty n' the heart of our common • ...; :n:....' '''; . .' 't:, ' . +NOVV,*THF,R FFORE, in recognition of Gerry Beckmann's , , - ', ' =eommitment�too serving the'people of Eden Prairie through her -` ': ' `volunteer service'with`PROP :.the•,City Council.does herebybesto`w.: - • - ` to Gerry Beckmann the official Ivey to-the City: • - i 'fY . t7.Y .n ADOPTED by the;Eden,Prairie City Council this 3rd�day o#� r Octo• ber.2000•: F y-' - y `+ M X s c• • t S ;c1 a t' r`� , .k � ,Q `r • #�- j'r fix. •r .. A r , •� 'J.t- t.r rr• . : ,x ,' a F_$'' - a t . ` : • ` r t • : Jean L Haxr sMayor-w - �, 1 r � � t , �{. y� •.gip, t.„r Ji i ,, :,` S r r,- City iofE.den Prairie `11{ i,,L r t Yf b r• J [ 'i4 ;• ''''; i '4. 1 # r i s �t t ,:r zi .r i z'' s i~ n _ •7` �1 �14 ''•' ,J la- A . UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY, SEPTEMBER 5,2000 5:00-6:55 PM, CITY CENTER COUNCIL CHAMBER 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, Director of Public Safety Services Jim Clark, Director of Management Services Natalie Swaggert, Housing and Redevelopment Authority Manager David Lindahl and Recorder Lorene McWaters I. CALL MEETING TO ORDER—MAYOR JEAN HARRIS Mayor Harris called the meeting to order at 5:04 p.m. II. HUMAN SERVICE PROVIDER PRESENTATIONS Mayor Jean Harris made introductory remarks. The City of Eden Prairie funds 12 agencies that provide human services to the community consistent with the value statement and strategic initiatives adopted by the City Council in 1997. Each of the providers was invited to provide a brief overview of the services the City funds and the number of clients served in Eden Prairie. The service agencies are listed below along with the name of the presenter and services provided. Somali Family Services,John Edward Till Target Population: Somali families Services: Weekly gatherings focused on adult literacy, community adjustment, school success and celebrating Somali culture Eden Prairie Family Center,Ada Alden Target Population: Low income children and families residing at Section 8 apartment communities Services: Parenting classes and other support services through weekly meetings at Prairie Meadows and Briarhill Eden Prairie Teens Alone,Brenda Shores Target Population: Youths 10-18 at risk of or having run away and their families Services: Crisis intervention and counseling COUNCIL WORKSHOP MINUTES September 5,2000 Page 2 Senior Community Services,Adele Mehta Target Population: Adult over 55 Services: Counseling, care management, and outreach services to frail senior citizens and their families Storefront/Youth Action,Beth Fagin Target Population: Youths 11-18 in the juvenile justice, child welfare, chemical dependency or mental health systems Services: Counseling, education and support services YMCA Detached Worker,Yvonne Anderson and Stacy Quicksted Target Population: At risk youths 11-18 Services: Individual and group support and counseling, field trips,team-building activities, service learning projects Meals on Wheels,Margie Olsen Target Population: Residents in need of meals Services: Deliver hot nutritious meals to homebound residents who are unable to prepare their own meals Episcopal Community Services,Mary Keating Target Population: Single parent families with low incomes and living in Section 8 communities Services: Case management, volunteer recruitment and training, and referral services Family& Children Services,Roger Gruszinski Target Population: Eden Prairie residents,preference given to low income individuals Services: Family and individual counseling,violence programs, financial and credit counseling, and referrals for psychiatric medication Hennepin South Collaborative Services,Liz Van Zomeren Target Population: All residents Services: Human services research and planning services Family Hope Services,Fred Peterson Target Population: Youths 11-18 who are in trouble or headed for crisis at home, school or in the community Services: Counseling with emphasis on prevention through small groups,mentoring, education, activities, service projects and extended trips Cornerstone,Richard Huber Target Population: All residents Services: Domestic abuse prevention,intervention and counseling VHI. ADJOURNMENT Mayor Harris adjourned the meeting at 6:40 p.m. V UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,SEPTEMBER 5,2000 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 7:00 p.m. II. PLEDGE OF ALLEGIANCE III. 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. IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added two items under XIII.A. Reports of Councilmembers, one on the Birch Island Woods and the other a review of the Council Forum process. Mayor Harris added a change in the Workshop schedule. Enger added a presentation of the 2000 Community Forum and Survey, and correction to a manager's memo dated September 1, under XIII B. Reports of City Manager. MOTION: Butcher moved, seconded by Case, to approve the agenda as printed and amended. Motion carried 5-0. V. MINUTES A. CITY COUNCIL WORKSHOP HELD AUGUST 15,2000 MOTION: Case moved, seconded by Tyra-Lukens, to approve the minutes of the City Council Workshop held August 15, 2000, as published. Motion carried 5-0. CITY COUNCIL MINUTES September 5,2000 Page 2 B. CITY COUNCIL MEETING HELD AUGUST 15,2000 MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to approve the minutes of the City Council Meeting held August 15, 2000, as published. Motion carried 5-0. VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. IDLEVIEW OFFICE PARK by 78th Street Properties, LLC. 2nd Reading for Planned Unit Development District Review with waivers on 1.21 acres, Zoning District Amendment within the Office Zoning District on 1.21 acres, and Site Plan Review on 1.21 acres. Location: North of Eden Road on Lake Idlewild. (Ordinance No. 25-2000-PUD-17-2000 for PUD District Review and Zoning District Amendment and Resolution No. 2000-141 for Site Plan Review) C. AWARD CONTRACT FOR EMERGENCY VEHICLE PRE-EMPTION SYSTEMS ON EIGHTEEN EXISTING TRAFFIC SIGNALS,I.C. 98-5472 D. APPROVE RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT FOR THE BEARPATH ADDITION E. APPROVE AGREEMENT FOR ASSIGNMENT OF PROJECT MANAGEMENT FOR LINCOLN PARC APARTMENT PROJECT F. ADOPT RESOLUTION NO. 2000-142 DECLARING THE CITY'S COMMITMENT TO JOIN THE LMC'S "MINNESOTA CITIES: BUILDING QUALITY COMMUNITIES" G. AUTHORIZE THE MAYOR AND CITY MANAGER TO ENTER INTO LEASE WITH PRAIRIE PARTNERS SIX FOR LEASEHOLD EXPANSION AND NEW LEASE FOR LIQUOR STORE AT PRAIRIE VILLAGE MALL MOTION: Tyra-Lukens moved, seconded by Butcher, to approve Items A-G of the Consent Calendar. Motion carried 5-0. VII. PUBLIC HEARINGS /MEETINGS A. PRAIRIE VILLAGE AT DELL ROAD by Rottlund Homes. Request for Guide Plan Change from Low Density Residential to Medium Density Residential on 23.05 acres, Planned Unit Development Concept Review on 23.05 acres, Planned Unit Development District Review with waivers on 23.05 acres, Zoning District Change from Rural to RM-6.5 on 23.05 acres, Site Plan Review on 23.05 acres, and Preliminary Plat of 23.05 acres into 60 lots, 4 outlots, and City Right- of-Way. Location: South of Pioneer Trail at Dell Road. (Resolution for Guide Plan Change,Resolution for PUD Concept Amendment, Ordinance for PUD CITY COUNCIL MINUTES September 5,2000 Page 3 District Review and Zoning District Change, and Resolution for Preliminary Plat) Enger said official notice of this public hearing was published on August 24, 2000,in the Eden Prairie News and sent to 54 property owners. Richard Palmiter, Vice President of Rottlund Homes, explained that the project is for 50 single-level garden townhomes, 96 three-story gable townhomes, 4 outlots and City Right of Way located south of Pioneer Trail at Dell Road. The project today is significantly different from when it was first brought to the City. A proposed commercial project has been replaced by residential, and groupings of units have been reconfigured. A conservation easement will be put in over the wooded portion of the garden townhome area from the back of the townhomes to the east property line. There will be trails along the east side of Dell Road and a sidewalk on the west side. Sidewalk connections will be made throughout the townhomes to Dell Road. A waiver is requested for the front yard structure setback from 30 feet to 25 feet for the 11 gable units along Hackberry Court. Tyra-Lukens asked about the location of similar townhomes built by Rottlund Homes in Minnetonka. Palmiter said they are located at Hopkins Crossroads and Highway 394. Butcher asked how future expansion of Pioneer Trail to four lanes would impact the gable townhomes. Palmiter said they worked on this with City Staff, who suggested setbacks of 50 feet from Pioneer Trail. Butcher asked Dietz when expansion of Pioneer Trail is expected in this area. Dietz replied it is not in the County's 5-year CIP at this time, so it probably won't take place for 6 or 7 years. Butcher noted the proposed tree barrier between the townhomes and the road. Palmiter said they plan to transplant as many trees as possible to form a barrier. Uram said this project was first introduced at a public informational meeting with the Community Planning Board on May 22, 2000. There was discussion at that time with regard to proposed land uses and density. These changes have been incorporated into the plan. The Community Planning Board voted 7-0 to recommend approval of the project to the City Council at its August 14, 2000 meeting. The recommendation included supporting a front-yard structure setback waiver from 30 feet to 25 feet for the gable units along Hackbeny Court. The developer is requesting a Guide Plan change from Low Density Residential to Medium Density Residential. Mayor Harris asked if anyone wished to address the Council. • 3 CITY COUNCIL MINUTES September 5,2000 Page 4 Mike Wroblewski, 9360 Cedar Forest Road, said he is on the Heritage Preservation Commission. He has been living at the above address for a long time and expects to stay. He enjoys the area because of the wildlife he can see nearby. He likes the fact there are more trees than people in the area. He is afraid that will change with the building of the proposed development. He wanted the Councilmembers to ask themselves what is Eden Prairie and what is it becoming. The Council had a well-reasoned Guide Plan that now is being changed. Joanne Wroblewski, 9360 Cedar Forest Road, said she and her husband moved here because they loved it. She hoped the Council cares abut the people as much as the revenue from developers. The Guide Plan calls for Low Density housing for this area and now that would be thrown out and it doesn't seem to matter to the Council. The citizens need to understand the long-term plan. She referenced the heavy traffic at Pioneer Trail and Cedar Forest Road, which will get worse with more development. Doug Anderson, 9380 Cedar Forest Road, said he is against the development. He understood the Big Woods would be protected forever, but that has now been developed. Southwest Eden Prairie is getting to the point of having too many multi-housing units. He said he doesn't like to see that happening. Nearby communities are building up adding traffic. Eden Prairie is not ready with utilities or roads for this type of project. Jolene Moen, 9331 Cedar Forest Road, said she is opposed to the project. The neighborhood already has a lot to deal with because of the sewers and road • improvements coming in. Amy Leighton, 9330 Cedar Forest Road, said is opposed to the project. She has three children. They love the woods and wildlife and don't think this project is right for Eden Prairie. Diana Denn, 9381 Cedar Forest Road, said she is opposed to increased density in Eden Prairie. She chose to live here in suburbia because it was more open and there are more preserved areas. Now she sees the opposite happening. It seems all the City is concerned about are tax dollars and don't think about how this development will affect the children. Connie Nichols, 9351 Cedar Forest Road, also opposed the project. She is happy with the neighborhood as it is and does not want more homes to surround the area. She had voted to keep low-density housing and does not want zoning changed to medium density. MOTION: Thorfinnson moved, seconded by Butcher, to close the public • hearing. Motion carried 5-0. Tyra-Lukens said she likes the architecture, however she is concerned about the density of this project. She doesn't see the justification for a Guide Plan change. She would be opposed to the density of this development. The information in the CITY COUNCIL MINUTES September 5,2000 Page 5 Staff report on density was confusing. She asked for clarification on the density of the townhouse portion of this development. Uram replied the project being proposed would be developed with 50 units on 10.38 acres. The net density for these units is 4.18 units per acre. The net density for Eden Orchard PUD twinhomes is 3.12 units per acre. The 96 gable units cover 6.05 acres. The net density is 15.9 units per acre. The net density for the Eden Orchard PUD townhomes is 10 units per acre. On an overall basis, this project has a net area of 16.43 acres, and the net density is 8.9 units per acre. The net density of the multiple family portion of the Eden Orchard PUD is 6 units per acre. Based on the gross area of 22.43 acres, excluding .62 acres for future development, the gross density of the proposed project is 6.5 units per acre. This meets the guideline for medium density zoning. The gross density of the multiple family portion of the Eden Orchard PUD is 4.4 units per acre. Palmiter said regarding future development of the .62 acres, the company is looking at ponding opportunities for this acreage. In order to do storm ponding for the site as well as Dell Road, they had to treat all the water on the site. They have extended ponding in order to accomplish this. Uram said Outlot D has 1.49 acres, including .62 acres for future development to the east. He exempted .62 acres from his calculations of density, which raises the density of the project. If included, it would have lowered the density, but nothing is proposed on that site now. Tyra-Lukens said she had originally thought the .62 acres were to be used for commercial purposes. If Outlot D were approved now, it could be developed in the future. At the Community Planning Board meeting, neighbors were very clear they didn't want commercial use of the property. Tyra-Lukens asked why wouldn't the developer put a NURP pond closer to Pioneer Trail to protect the nearby houses from noise and assure neighbors there now that nothing is going to go in on there except housing. Palmiter said it is a sizing question of how large a pond would be needed. They had to put the first pond close to the second pond for piping purposes. That would make it large enough to accommodate the stormwater for the site. Case said if the location of this pond were removed, and new ponding on the new property to take care of Dell Road stormwater, that would provide more acres on the other site for development. Pahniter replied that he didn't know if that would work; however, because the curb cut of the road is already in place they have to have two separate ponds. They put the one pond near the other pond for engineering purposes. Tyra-Lukens said she wondered if permission for use of Outlot D could be postponed to the future rather than granting that permission now. Otherwise, she wondered if Outlot D could be shown with a NURP pond on it. 5 CITY COUNCIL MINUTES September 5,2000 Page 6 Case stated even though that Outlot doesn't affect the density now, it could in the future if it is developed. Enger said if Councilmembers weren't comfortable with the proposed use of land adjacent to Pioneer Trail, they could include that in Council conditions. If they were concerned with future use of Outlot D, that could be stated now. The developer is indicating there are some opportunities ities with properties to the east that would make it a better development in the future. Butcher said she would like Dietz to address the traffic in the area. There is a traffic signal planned for Dell Road at Pioneer Trail that might help traffic further down Pioneer as well. Dietz said a traffic study was done that indicates the project will cause higher traffic volumes; 80 to 90 additional trips from this project compared to what would be generated by single-family houses. Staff felt the trade-off would be that this is a desirable housing project. With regard to the traffic signal at Dell and Pioneer, it should be in place by October. Volumes are heavy on Pioneer Trail and it will take further expansion of the road to handle it. That expansion is expected in 2003 or 2004. This project has been under consideration for quite a while and is in conformance with the City's Transportation Plan. Butcher asked if this project increases the level of service much, and how long cars would have to wait at County Road 4. Dietz replied he didn't think he could give specific numbers. He believed traffic on this portion of the road will work quite well. Improvements on Pioneer Trail, from Highway 212 to Eden Prairie Road, will include the County Road 4 intersection. Case said he didn't like Guide Plan changes and always looks for justification before approving them. Building single-family homes here would be the wrong kind of houses for 2020. However, he said he felt uncomfortable with the density of this project and was reluctant to change the zoning from Low to Medium Density. For the Eden Orchard it made sense to have heavier density around a small neighborhood commercial area, primarily for the benefit of senior citizens. The City wants to see many of these small commercial areas built. However, he said the density of this project made no sense to him if the commercial portion is removed. If this project were approved as it is, the Council would have to follow the same pattern in the future. Thorfinnson said affordable housing is needed and this project would meet part of that demand. However, he also expressed concern with the density. On the east side of the road,the low profile of the garden townhomes was fine and the density is at 4.8 per acre. However, he is not comfortable with the density of the three- story units on the west side of Dell Road at 15.9 per acre. Remove 1, 2, or 3 buildings, back the others away from Pioneer Trail, and decrease the density closer to 10 units per acre. That would make a good transition across Dell Road between the east and west areas. He would suggest moving the NURP pond up toward the highway. CITY COUNCIL MINUTES September 5,2000 Page 7 Butcher said she had those same concerns and would like to lessen the density on the west side of the road. She believes the project will sell very well and is needed in the City. The Council has heard from human service providers that affordable and life-cycle houses are needed, so people on fixed incomes can continue to live in Eden Prairie. Diversity in housing types creates a healthy city. Mayor Harris said she liked the project; it meets almost all of the City Council's goals for developments in the southwest portion of the City. The Council recognized the need for this type of housing because of the changing demographics in Eden Prairie, with people moving into this area who cannot afford to live in high-priced homes. She was not as concerned about the density of the project and believed Councilmember Thorfinnson provided a good alternative. Mayor Harris recommended sending the plan back to Staff. Enger said what the Council has expressed led him to believe the project needs to be significantly modified or, if not open to modification, the project would be denied. If open to modification, the developer could request continuance to significantly rework the project. To change density to the density of the Eden Orchard PUD would mean a 33-percent reduction in the number of units, or cutting 32 of the 96 units out. Palmiter said the company has worked hard over the past six months, held neighborhood meetings and public hearings. They have worked with City Staff and made many changes to come up with something that the company, City Staff and the Planning Board believed to be a good project. He asked the Council to consider that the City would be missing an opportunity to get housing for young professionals and empty nesters. Winter is approaching and they would like to begin the project this year. He believed a solution could be found. Thorfinnson said the approach of winter would be the wrong reason for the Council to approve the project at this time. The density on the east side can stay as it is, but the west side needs to be cut 30 percent to bring it in line with the other property nearby. If the developer cannot do that, Council would vote to deny the project. Mayor Harris asked Mr. Pauly for advice on what to do next. Pauly advised continuing the discussion until later in the agenda. MOTION: Thorfinnson moved, seconded by Baker,to continue with the agenda and return to this discussion later. Motion carried 5-0. B. BUCA ADDITION by Buca di Beppo, Inc. Request for Planned Unit Development Concept Review on 1.53 acres, Planned Unit Development District Review with waivers on 1.53 acres, Zoning District Amendment in the Community Commercial Zoning District on 1.53 acres, Site Plan Review on 1.53 acres, and Preliminary Plat of 1.53 acres into 1 lot. Location: 7711 Mitchell Road. (Resolution No.2000-143 for PUD Concept Amendment, Ordinance CITY COUNCIL ZVmvUTES September 5,2000 Page 8 for PUD District Review and Zoning District Amendment, and Resolution No.2000-144 for Preliminary Plat) Enger said official notice of the public hearing was published on August 3, 2000, in the Eden Prairie News and sent to eight property owners. Vicky Vandell of Landform Engineering said this project is for a 1,507-square- foot addition to Buca restaurant and reconfiguration of the parking lot. The total building would be 10,051 square feet. They requested waivers for a front-yard setback from 35 feet to 10 feet along Highway 212 and 17.5 feet to 10 feet along Mitchell Road. There is also a request for waiver of minimum lot size from 5 acres to 1.53 acres. There will be 51 feet from Buca's lot to Highway 212. Uram said the Community Planning Board voted 7-0 to approve the project at its • August 14 meeting. In order to provide Buca di Beppo with the adequate area to maintain zoning requirements, a land trade is proposed between the site owner and Mn/DOT through the City. Mayor Harris asked if anyone wished to address the Council about this project. No one did. MOTION: Butcher moved, seconded by Case, to close the public hearing; and adopt Resolution No. 2000-143 for Planned Unit Development Concept Review on 1.53 acres; and approve lst Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment within the Community Commercial Zoning District on 1.53 acres; and adopt Resolution No. 2000-144 for Preliminary Plat on 1.53 acres into 1 lot; and direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations. Motion carried 5-0. C. PROPOSED REFUNDING OF PARKWAY APARTMENTS HOUSING REVENUE BONDS (Resolution No.2000-145) Enger said official notice of this public hearing was published on August 17, 2000, in the Eden Prairie News. Uram explained that the City Council is required to hold a public hearing for the purpose of receiving comments on the proposed issuance of up to $13,500,000 principal amount of the housing revenue bonds to refund the housing revenue bonds issued by the City in 1990 on behalf of Welsh Parkway Apartments for the development known as Parkway Apartments. The proposed refunding would reduce debt service costs for the development. The Council is also being asked to adopt a resolution authorizing the refunding and the issuance of refunding bonds. Mayor Harris asked if anyone wished to address the Council. No one did. MOTION: Thorfinnson moved, seconded by Case, to close the public hearing; and adopt Resolution No. 2000-145 adopting a program under Minnesota CITY COUNCIL MINUTES September 5,2000 Page 9 Statutes, Chapter 462C, authorizing the issuance of up to $12,000,000 in aggregate principal amount of its multifamily housing revenue refunding bonds (GNMA Collateralized Loan —Parkway Apartments Project), Series 2000A and up to $1,500,000 in aggregate principal amount of its taxable multifamily housing revenue refunding bonds (GNMA Collateralized Loan — Parkway Apartments Project), Series 2000B, approving the forms thereof, and authorizing the execution of various documents relating thereto. Motion carried 5-0. D. VACATION 00-08 ADOPT THE RESOLUTION VACATING THE CONSERVATION/ SCENIC, DRAINAGE AND UTILITY EASEMENTS OVER PART OF THE CAM ADDITION (Resolution No. 2000-146) Enger said official notice of this public hearing was published on August 24, 2000, in the Eden Prairie News and sent to one property owner. The property owner has requested this vacation to correct a platting and easement description error. The description of the easement area is larger in Lots 8, 9 and 10, Block 1 than necessary to encompass the required wetland and flood storage areas. The requested alteration will reduce the easement area to provide sufficient rear yard activity area without compromising conformance with wetland restrictions or flood storage requirements. Mayor Harris asked if anyone wished to address the Council. No one did. MOTION: Case moved, seconded by Butcher, to close the public hearing; and adopt Resolution No. 2000-146 vacating the conservation/scenic, drainage and utility easements as described in the resolution. Motion carried 5-0. E. CABLE FRANCHISE APPLICATIONS Enger said official notice of this public hearing was published on August 3, 2000, in the Eden Prairie News. Councilmember Case is the City's representative on the Southwest Metro Cable Commission and made preliminary comments regarding two franchise applications. Case said the Southwest Metro Cable Commission has acted as a channel to bring these franchise applications before the Council and to act to further send them on. He introduced Paul Sisler, legal counsel for Southwest Metro Cable Commission. Paul Zisla from Moss & Barnett said that in April 2000 the City received applications from two providers wishing to provide cable service to Eden Prairie. They were from Everest Connections Corporation and WideOpen West Minnesota LLC. Southwest Metro Cable Commission received notice of the applications. The public hearing is being held to determine the legal, technical and financial qualifications of the applicants to provide cable. Council was not being asked to authorize Staff to work on an agreement with either company. They cannot be turned down if they have the necessary qualifications. 9 CITY COUNCIL MINUTES September 5,2000 Page 10 1. Everest Connections Corporation (Resolution No. 2000-147) Jane Bremmer, an attorney with Larkin, Hoffman, Daly and Lindgren, LTD, represented Everest Connections. The company is part of GLA International, and the parent company is Utilicorp. This is a very well capitalized company, so raising funds is not an issue. They have a contract with Quanta worth $7.5 million. Everest Connections is a customer-service and information-service type of business. Their plan is to bring the benefits of competition to every subscriber in the City of Eden Prairie. She said it would be simpler and more cost-effective to get all services on one wire 2. WideOpenWest Minnesota LLC (Resolution No. 2000-148) George Duffy of WideOpen West Minnesota said his company is bringing competition for cable TV, and providing high-speed Internet access. They plan to provide 860 mHz, 80 television channels and 350 cable digital channels. They will deliver telephone service at competitive rates. It has been in business for well over 20 years. Competition helps stabilize rates, among other things. Mayor Harris asked if anyone present wished to address the Council. No one did. Tyra-Lukens said the City presently collects franchise fees from Time-Warner Cable, and asked if the same franchise fee would be collected from these competitors. Case replied the City would collect franchise fees from all three companies. The City would have to charge at least the same, or higher, fees to the two competitors. If the City charges them less, Time-Warner would have to be charged less. It is expected that the competition would provide additional services to residents. Time-Warner now has 70 percent of the market. These other companies believe they could get other parts of the market and still make money. MOTION: Case moved, seconded by Thorfinnson, to close the public hearing. Motion carried 5-0. Tyra-Lukens asked if all three cable companies would use the same cable lines or would put in new boxes for their cable network. Case replied he didn't think the City could prohibit them from putting up new boxes. There might be different ways cities can protect themselves in the event a cable company dropped out of the market after putting in half of its lines. Time-Warner has a $300,000 performance bond. The City could consider requiring a higher performance bond for additional companies to make certain the City would be well protected. Enger said his understanding is the City collects a franchise fee from each company based on the number of users. If the number of users in increased, then /0 CITY COUNCIL MINUTES September 5,2000 Page 11 a fee could be collected from each company. If not, the one franchise fee would be divided among the three companies. MOTION: Tyra-Lukens moved, seconded by Butcher, to adopt Resolution No. 2000-147 regarding findings of fact with respect to Everest Connections Corporation's proposal for a cable communications franchise. Motion carried 5-0. MOTION: Tyra-Lukens moved, seconded by Butcher, to adopt Resolution No. 2000-148 regarding findings of fact with respect to WideOpen West Minnesota LLC's proposal for a cable communications franchise. Motion carried 5-0. MOTION: Butcher moved, Case seconded, to reopen the discussion on the proposed development of Prairie Village at Dell Road. Motion carried 5-0. A. PRAIRIE VILLAGE AT DELL ROAD by Rottlund Homes. Request for Guide Plan Change from Low Density Residential to Medium Density Residential on 23.05 acres, Planned Unit Development Concept Review on 23.05 acres, Planned Unit Development District Review with waivers on 23.05 acres, Zoning District Change from Rural to RM-6.5 on 23.05 acres, Site Plan Review on 23.05 acres, and Preliminary Plat of 23.05 acres into 60 lots, 4 outlots, and City Right- of-Way. Location: South of Pioneer Trail at Dell Road. (Resolution for Guide Plan Change, Resolution for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Change, and Resolution for Preliminary Plat) Palmiter said he held a discussion with the engineer, architect and the property owner, and came up with a proposed solution that they believed addressed Council's concerns. They looked at the problem with the ponding requirements on the site and could move the pond along Pioneer Trail. Where the pond is now would then be available for future development. They proposed removing two buildings, or 18 units, from the end closest to Pioneer Trail, which would leave the rest of the units further away from the road, which adds a good feature. That leaves the engineering in place for the balance of the site. Tyra-Lukens said it still doesn't spread out the density. It would put the NURP pond in place of some of the units, but the units are just as close together as before. By leaving Outlot D undefined,it could become commercial in the future. Palmiter said Council could guide them on Outlot D. The same type of density could be transferred to the other side of Dell Road. Butcher said it is definitely an improvement, and she had no problem with the configuration of the gable homes. If 18 units were removed and the pond moved down toward Pioneer Trail, it would work better for future use in terms of Pioneer Trail's expansion. CITY COUNCIL MINUTES September 5,2000 Page 12 Case said the Eden Orchard PUD made sense because it provided a neighborhood commercial area in the southwest quadrant of the City. The amount of density in this project does not make sense when it doesn't include a commercial area. A variety of housing is needed in the City,but probably not here. Mayor Harris asked where the housing is needed. Tyra-Lukens suggested around the Southwest Transfer Station site. Case said density was increased in the Eden Orchard PUD. He asked how much more density the City is going to approve. Butcher said she believed it was a better plan with 18 units removed. It is Council's responsibility to look at all of the aspects involved for a developer to meet the City's goals. The proposal has been reviewed by City Staff and the Community Planning Board before coming to the Council for approval. Mayor Harris said the proposal is a reasonable approach to address Council's concerns. Three years ago Council set out specific goals for this area of the City to provide different housing types, etc. Each project has to stand on its own regarding density. She was comfortable with this proposal. Tyra-Lukens said part of the problem she had with this proposal is driven by what Council allowed to happen in the Eden Apple Orchard. By allowing higher density, the price of land is driven up even more. This area was guided for low density, and it is pushing the limits of medium density. The approach on Hackberry Drive has not been addressed, and she felt uncomfortable leaving that portion of Pioneer Trail without direction. Mayor Harris said Council would either have to deny the project or move forward. Enger cautioned if Council ended up with a 3-2 vote in favor of the project, it would actually be denied because zoning changes require a 4-1 vote, so that might not be the best position for the City to be in. If Council were going to deny the project, the strongest position would be to start with Guide Plan designation. Tyra-Lukens said the first question is whether there is a compelling reason to change the Guide Plan. Enger said Council could ask the proponent to continue the discussion to consider the issues. Case said he viewed taking the commercial area out of the project as a negative with regard to the remaining density. If residential was decreased and commercial added,the project might be more acceptable. Mayor Harris said she understood the developer removed the commercial because the neighbors didn't want it. Palmiter said commercial developers didn't CITY COUNCIL MINUTES September 5,2000 Page 13 want to participate as they thought it was not viable. The property owner then looked at residential development and came to Rottlund Homes to see if they would be interested. The neighbors had some issues as to traffic, lighting, etc., if commercial were added, but this plan was not acceptable to the commercial market. They were told if they wanted commercial they would have to do it now. Case said commercial adds a certain value to the project. When the commercial area was pulled out,the value of the land changed to a residential one. Palmiter said Rottlund is paying the same price unit for what was once proposed for a commercial area. The property owners lost out when the commercial area was removed. Thorfinnson said he believed the developer made a good-faith effort to meet Council's concerns. However, he had expected the buildings to be separated. The appearance of density is the same and doesn't address the variance request along the south border on the west side. He could accept the proposed lower density if the remaining buildings were spread out more from west to east. Then it would look more like the development to the south. The lower density on the east side of the road does mitigate some of the density across the road. If the developer would incorporate some of these items, Council owes it to the developer to continue the discussion. Palmiter said they could let the variance request go so the project can go forward. The request was for minimum front yard setback from 30 feet to 25 feet for townhomes along Hackberry Court. That request can be pulled out. In order to get the density desired, it is a matter of balancing the units on the east and west sides. Enger recommended removing the two 10-unit buildings that lie west of the entrance road adjacent to Pioneer Trail. The two 10-unit buildings and the eight units remaining could be spread out along the streetscape and would provide a more open look. They could still relocate the NURP pond toward Pioneer Trail. Outlot C has a pond on it currently, and it could be guided to same density as the two-unit buildings. That would dictate what would happen further east. Then there would be a pretty low density along the west side of the north-south road, because there would only be three buildings to spread out along the entire frontage. Taking out 18-20 units would really open it up and then there would be a transition from the two-unit buildings to three 10-unit buildings to four buildings adjacent to Eden Orchard. It appeared that would accomplish everything Council is looking for and would eliminate any future liability about going to a higher density. Butcher said she liked the idea of removing two 10-unit buildings and spreading them out. Palmiter said regarding spreading the homes out, the style of the units doesn't lend itself to that because they are back-to-back units,with garages. They would not have more green space but would just have more asphalt for driveways. CITY COUNCIL MINUTES September 5,2000 Page 14 Tim Witham, the architect for the project, said perhaps they could remove two buildings from one end,which would create more green space. Mayor Harris told the developers that they had heard the concerns of the Council. She suggested the project be continued, but that can only be done at the developer's request. Enger suggested they ask for 30 days. He expected they would come back with a couple of alternatives. The west side needs to be more open and they need to work on the details of how that could be done. Palmiter asked if there would be an opportunity to show these alternative plans at a Council Workshop. In between,they would work with City Staff and see if they can arrive at something to Council. Pauly said first of all, if the proponent requests a continuance, Council would want to reconsider closing the public hearing and then set a date for continuance. He didn't think it appropriate to consider the matter at a workshop because it would be considered part of the public hearing. Enger suggested the matter be continued for 30 days. That would be October 3. Ordinarily they do not send out another notice to property owners unless Council requests it. Case requested that public notices be sent out again before the rescheduled public hearing. Palmiter requested that Council continue this public hearing for 30 days. MOTION: Case moved, seconded by Butcher to reconsider the motion to close the public hearing and to continue the public hearing until October 3, 2000. Motion carried 5-0. Mayor Harris asked for a vote to close the public hearing. Council voted 5-0 against closing the public hearing. Mayor Harris recessed the meeting at 9:20 p.m. The meeting reconvened at 9:35 p.m. VIII. 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." IX. ORDINANCES AND RESOLUTIONS A. RESOLUTION NO. 2000-149 CERTIFYING PROPOSED 2001 PROPERTY TAX LEVY, ACCEPTING THE PROPOSED 2001 BUDGET AND SETTING DATE(S)FOR TRUTH-IN-TAXATION HEARING(S) CITY COUNCIL MINUTES September 5,2000 Page 15 Uram said on an annual basis, City Council is asked to certify the proposed net property tax levy by September 15 and certify it to the County Auditor. Although levy limits no longer apply, a 6 percent general fund levy increase is proposed which is consistent with past levy increases. This increase reflects the initiation of a transportation "seed fund" as discussed at the August 15, 2000, Council Workshop. The 2001 proposed net property tax levy is $21,099,283. In addition, the City Council must accept a proposed budget for the coming year. The City must also set a date for the "Truth-in-Taxation"hearing and a date to reconvene it (if necessary). The dates of December 4 and December 19 are the most workable ones to be within the schedule established by the Minnesota Department of Revenue. The Council must adopt the final tax levy and budget by December 19. MOTION: Butcher moved, seconded by Case, to adopt Resolution No. 2000- 149 that: Certifies the proposed 2001 net property tax levy to be $21,099,283; and sets the"Truth-in-Taxation"public hearing for Monday, December 4, 2000 and, if necessary, to reconvene the public hearing on Tuesday, December 19, 2000; and accepts the proposed 2001 budget of$28,905,873 as reviewed by the Council on August 15, 2000. Motion carried 5-0. B. RESOLUTION NO. 2000-150 CERTIFYING PROPOSED 2001 LOCAL TRANSIT SERVICES TAX LEVY AND SETTING DATE(S) FOR TRUTH- IN-TAXATION HEARING(S) Uram said that on June 6, 2000,the City Council declared its intent to exercise the Local Transit Services tax levy option for taxes payable in 2001. Certifying the amount to be levied is the next step in this process. In conjunction with the City, this amount must be certified to the County Auditor by September 15. The final levy adoption is required by December 19. MOTION: Tyra-Lukens moved, seconded by Butcher, to adopt Resolution No. 2000-150 that: Certifies the proposed 2001 Local Transit Services tax levy to be $2,595,187; and sets the "Truth-in-Taxation" public hearing for Monday, December 4, 2000 and, if necessary, to reconvene the public hearing on Tuesday, December 19, 2000. Motion carried 5-0. C. RESOLUTION NO. 2000-151 AUTHORIZING THE SALE AND ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS, SERIES 2000A AND SERIES 2000B—LINCOLN PARC PROJECT Uram said 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 28, 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. Closing of the project is scheduled for October 2000. 1S CITY COUNCIL MINUTES September 5,2000 Page 16 MOTION: Case moved, seconded by Thorfinnson, to adopt Resolution No. 2000-151 authorizing the Sale and Issuance of 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$28,000,000. Motion carried 5-0. C. RESOLUTION NO. 2000-152 AUTHORIZING THE SALE AND ISSUANCE OF MULTIFANIILY HOUSING REVENUE BONDS, SERIES 2000C AND SERIES 2000D—LINCOLN PARC PROJECT MOTION: Case moved, seconded by Thorfinnson, to adopt Resolution No. 2000-152 authorizing the Sale and Issuance of Multifamily Housing Revenue Bonds (Lincoln Parc Project), Subordinate Series 2000C and Multifamily Housing Revenue Bonds (Lincoln Parc Project), Subordinate Series 2000D, in the aggregate principal amount of$3,235,000. Motion carried 5-0. X. PETITIONS,REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Mayor Harris's Request to Change Workshop Schedule Mayor Harris requested a change in the Council Workshop schedule by moving the technology discussion, scheduled for September 19, to October 3. On September 19 she would like to discuss Council process and decorum. 2. Councilmember Case's Request for an Update on Status of Negotiations for Birch Island Woods Case said he took a tour of Birch Island Woods, which the County is offering for sale to the City. He asked if Mayor Harris could give the status of negotiations with the County. Mayor Harris said Council authorized a letter to be sent by her to the Chair of the Board of County Commissioners. This was followed up by a personal meeting, where they discussed several scenarios. She is waiting for a response from the Commission Chair. r7 crrY COUNCIL MINUTES September 5,2000 Page 17 3. Councilmember Case's Request to Review the Council Forum Case said that, because of his perception of the low frequency of use by the public of the Council Forum process, he would like to look at alternatives. Case stated he believes they have moved backward from the goal of remaining very open and accessible to the public. Mayor Harris said they could discuss alternatives at a Council Workshop. She asked Staff to establish a date on the Workshop calendar. Council would like to have any data that are available as to the frequency of appearances at the Open Podium to compare with the current Council Forum. She said one thing that was unsatisfactory when the Open Podium process was used, was that the Council could not immediately address the issues brought to the podium, whereas with the Council Forum the issues are identified beforehand, and Staff can be prepared to address them at the Council Forum. Case would like to know what other city councils are doing to address this need and potential problems that may arise. B. REPORT OF CITY MANAGER 1. Board and Commission Resignations a. Community Program Board(Mary Coffer) Enger stated that Mary Coffer, Vice Chair of the Community Program Board, has tendered his resignation effective August 18, 2000. His departure leaves that position open and also leaves the Board one member short per Charter requirements. The City Council needs to appoint a member to fulfill the Vice Chair responsibilities and initiate the process to develop a candidate slate for appointment to the Community Program Board. Dick Brown, a current Community Program Board member, has indicated his willingness to serve as Vice Chair. MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to accept the resignation of Mary Coffer from the Community Program Board effective August 18, 2000, and to extend thanks to him for his service to the City. Motion carried 5-0. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to direct Staff to initiate the recruitment process to identify candidates for the Community Program Board; and to appoint Dick Brown Vice Chair of the Community Program Board. Motion carried 5-0. CITY COUNCIL MINUTES September 5,2000 Page 18 b. Board of Adjustments and Appeals (Mary Vasaly) Enger said Mary Vasaly tendered her resignation from the Board of Adjustments and Appeals on July 19, 2000. Appointment to fill this position will be made as part of the annual Board and Commission appointment process. MOTION: Butcher moved, seconded by Case, to accept the resignation of Mary Vasaly from the Board of Adjustments and Appeals. Motion carried 5-0. c. 2000 Community Forum/Survey Enger said in November 1997 the City brought people in to focus on five critical areas of concern to citizens. The Community Forum helped address the City's strategic initiatives and strategic plan. The City now wishes to update its comprehensive Park and Open Space System Plan to address changing community needs through a forum and survey process. The 2000 Community Forum would focus on leisure services. Eden Prairie has retained DS Griffin and Associates to conduct four electronic brainstorming/Community Forum sessions among approximately 100 residents that statistically represent the City's population. Four different age groups would be represented. Wirthlin Worldwide has been retained to develop the statistical sample of residents, using a random-digit dialing method. Within 60 days following the 2000 Community Forum meetings, Eden Prairie will survey residents via mail using the findings from the Community Forum meetings to help determine the scope of the survey. The City Council and Service Area Directors are being asked to answer four questions regarding the Community Forum/Survey: 1. What message are we trying to deliver? 2. What do we intend to do with the information? 3. How will the information impact our decisions? 4. How will our survey complement the 2000 Census? Enger said he would appreciate Council writing their answers to these questions and Staff will collate them and bring them to the September 19 Council Workshop for a short discussion. d. Correction of Memo to Council from City Manager Enger said that a memo he sent to Council was meant to be a brief status of the Request for Proposals on the Historic Houses. In the CITY COUNCIL MINUTES September 5,2000 Page 19 memo was a portion of the informal report given by the Chair of the Heritage Preservation Commission at the July 18 Council meeting, taken from the minutes of that meeting. This was inadvertently referenced as a motion made by the HPC. Enger said he has sent a corrected memo to Council, dated September 5, 2000. C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR 1. Minnetonka School District Memorandum of Understanding with the City of Eden Prairie Lambert explained that Eden Prairie has been involved with Minnetonka School District 276 since 1972, through a memorandum of understanding, to provide City funding of the Minnetonka Community Education Program. Since Eden Prairie has its own park and recreation services and provides a well-rounded recreation program for all its residents, Lambert said it is appropriate for Eden Prairie to terminate the agreement and the payment of$1,427 annually. • MOTION: Tyra-Lukens moved, seconded by Butcher, to terminate the Memorandum of Understanding between the Minnetonka Public School District 276 and the City of Eden Prairie that provides direct City funding of the Minnetonka Community Education Program. Motion carried 5-0. 2. Conservation Areas Survey and Management Plan Lambert said the City of Eden Prairie and the Riley/Purgatory/Bluff Creek Watershed District received a Greenways Planning Grant for development of a survey and management plan for the following conservation areas in Eden Prairie: • Edenbrook • Edenvale • Lower Purgatory Creek • Purgatory Creek • Riley Creek • Timber Creek • Westgate The Conservation Areas Survey and Management Plan was completed in June 2000 and provides a survey of the plant communities, as well as management and restoration plans for each of the seven sites. The plan prioritized the steps that should be taken in order to preserve the highest quality sites. The second phase will be to go back and develop plans and specifications for developing access points and trails to provide public access to these sites. The City would apply for another Greenways grant to do this work. Enger explained the plan was reviewed by the Community Program 19 CITY COUNCIL MINUTES September 5,2000 Page 20 Board, which understood there is no money to develop the sites. The request for funding would have to go into the CIP discussion of all other City services and needs. MOTION: Butcher moved, seconded by Case, to approve the Eden Prairie Conservation Areas Survey and Management Plan dated June 2000. Thorfinnson asked if the motion should include a statement that the City has no way of funding development of the sites, and it has to go into the CIP for determination of priorities. Enger agreed it would be appropriate to include that in the motion. He suggested it include language to instruct Staff to review development, management and programming funding needs, and to include that as part of the discussion on updating the Capital Improvement Plan. Butcher agreed to accept this language and Case also agreed. The amended motion would read: MOTION: Butcher moved, seconded by Case, to approve the Eden Prairie Conservation Areas Survey and Management Plan dated June 2000; and to instruct Staff to review development, management and programming funding needs, and to include that as part of the discussion on updating the Capital Improvement Plan. Motion carried 5-0. 2. Settler's Ridge Tree Removal and Mitigation Report Lambert reported that while he was out looking at a trail project on August 16, he noticed a significant number of trees were cut down in the Settler's Ridge project that seemed to be beyond the grading plan limits. He asked the City Forester to check the limits and he found that more than 400 trees over one inch in diameter, beyond the grading plan limits, had been cut down. The developer, Dan Herbst, was extremely upset when he found out, and agreed it was a mistake. Tree-Top Tree Service was hired to cut some trees down and the developer pointed out to him the trees to be removed. The tree service owner said he was short of help and sent two inexperienced people to remove trees. Lambert said the developer has apologized and agreed to do anything the City asks him to do to solve the problem. Staff told him to remove the trees cut down, re-stabilize the slopes, and replace the trees, inch per caliper inch. A total of 2,234 inches will be replaced. Case asked if they would be replacing the red cedar trees with red cedar, which is not indigenous to the area. Lambert replied they would not be replacing with red cedar, but would want to have some fir trees that will survive on the slopes. CITY COUNCIL MINUTES September 5,2000 Page 21 Tyra-Lukens said the letter from Dan Herbst was very remorseful. Lambert replied this developer has been very cooperative and takes 100 percent responsibility for the mistake. Lambert assumed the removal of downed trees and their replacement would be taken care of the way Staff asked him to do it. Mayor Harris said she was pleased the developer accepted full responsibility and is going to take care of the problem quickly. Thorfinnson said if it hadn't been for Lambert, he wondered when this mistake would have been discovered. Lambert said the City would probably have caught it within a couple of weeks. The City has engineers inspecting the grading projects. Enger said his understanding is that the college students who cut the trees were almost done before they were stopped. There is a huge tree loss involved here. Staff had increased the consequences of doing this type of thing. Many of these trees were only one inch in diameter. Staff asked the developer to replace every single tree and shrub. That is three times as much as the City's Ordinance would require. Staff may be asking Council for changes in the City Ordinance to make the consequences very stringent for developers. Also signs could be put up informing others of the consequences of cutting trees not on their own property. D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT MOTION: Thorfinnson moved to adjourn the meeting. Mayor Harris adjourned the meeting at 10:25 p.m. VJl . d, UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, SEPTEMBER 19,2000 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Councilmembers Nancy Tyra-Lukens and Ronald Case CITY COUNCIL STAFF: City Manager and Recorder Chris Enger I. ADJOURNMENT OF THE MEETING Councilmember Tyra-Lukens announced that due to a lack of quorum the City Council meeting was being adjourned until October 3,2000. The public hearings: Special Assessment for the Highview Drive/Lakeland Terrace Neighborhood and Lariat Center III were also continued to the October 3, 2000, City Council Meeting. Councilmember Tyra-Lukens adjourned the meeting at 7:05 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 3,2000 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Clerk's License Application List &Financial Services/ ME- Gretchen Laven These licenses have been approved by the department heads responsible for the licensed activity. New Liquor License Pickled Parrot II,LLC D.B.A.: Pickled Parrot I CITY COUNCIL AGENDA DATE: 10/03/00 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R. Uram Grace Church 77i I Scott A. Kipp J i Requested Action Move to: • Approve 2nd Reading of the Ordinance for PUD District Review with waivers and Zoning District Change from Rural to Public on 63 acres; and • Adopt the Resolution for Site Plan Review; and • Adopt the Resolution for EAW; and • Approve the Developer's Agreement for Grace Church. Synopsis This project is for a 600,000 square foot church complex. • Attachments 1. Ordinance for PUD District Review with waivers and Zoning District Change 2. Resolution for Site Plan Review 3. Resolution for EAW 4. Developer's Agreement GRACE CHURCH • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 26-2000-PUD-18-2000 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural Zoning District and be placed in the Planned Unit Development Public Zoning District 26- 2000-PUD-18-2000 (hereinafter "PUD-18-2000-Public"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of October 3, 2000, entered into between Grace Church and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-18-2000-Public, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-18-2000-Public is not in conflict with the goals of the Comprehensive Guide Plan of the City. . B. PUD-18-2000-Public 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-18-2000-Public are justified by the design of the development described therein. D. PUD-18-2000-Public 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 Rural Zoning District, and placed in the Public Zoning District and shall be included hereafter in the Planned Unit Development PUD-18-2000-Public 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 1st day of August, 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 3rd day of October, 2000. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on 3 EDIT A Grace Church Legal Description: Comprehensive Guide Plan Change That part of the Northwest 1/4 of the Southwest 1/4 of Section 21, Township 116 North, Range 22 West of the Fifth Principal Meridian. described as follows: . Commencing at a point on the center line of County Road No. 1 formerly known as Shakopee Road, which point is 771.85 feet due East of West line of Northwest 1/4 of Southwest 1/4; thence South parallel to said West line 335 feet to South line of Northwest 1/4 of Southwest 1/4; thence West along South line 771.85 feet to Southwest corner thereof, thence North along West line to the center line of said road; thence Southeasterly along said center line to point of beginning and there terminating,. County of Hennepin, State of Minnesota. That part of the Northwest Quarter of the Southwest Quarter of Section 21, Township 116, Range 22, lying South of Center line of Shakopee Road and East of the West 771.85 feet thereof. • PUD Concept Review,PUD District Review,Rezoning, Site Plan Review,Preliminary Plat That part of the following described property lying northeasterly of the following described Line A and its northwesterly and southeasterly extensions The Southwest Quarter of the Southwest Quarter of Section 21. Township 116, Range 22 West of the 5th Principal Meridian. except the South 653.4 feet of the East 1000 feet thereof. Also the North One—half of the Northwest Quarter of the Northwest Quarter of Section 28. Township 116 North. Range 22 West of the 5th Principal Meridian. UNE A: Commencing at the southwest corner of said Southwest Quarter of the Southwest Quarter of_ said Section 21; thence North 1 degree 38 minutes 21 seconds West along the west line of said Southwest Quarter of the Southwest•Quarter a distance of 305.00 feet to • the point of beginning of said Line A; thence South 26 degrees 24 minutes 49 seconds East a distance of 296.95 feet; thence South 50 degrees 00 minutes 48 seconds East a distance of 1067.81 feet to the south line of the North One—half of the Northwest Quarter of the Northwest Quarter of said Section 28 and said Line A there terminating. The South 653.4 feet of the East 1000 feet of the Southwest Quarter of the Southwest Quarter of Section 21. Township 116 North. Range 22 West of the 5th Principal Meridian. That part of the Northwest 1/4 of the Southwest 1/4 of Section 21, Township 116 North, Range 22 West of the Fifth Principal Meridian, described as follows: Commencing at a point on the center line of County Road No. 1 formerly known as Shakopee Road, which point is 771.85 feet due East of West line of Northwest 1/4 of Southwest 1/4; thence South parallel to said West line 335 feet to South line of Northwest 1/4 of Southwest 1/4; thence West along South line 771.85 feet to Southwest corner thereof, thence North along West line to the center line of said road; thence Southeasterly along said center line to point of beginning and there terminating. County of Hennepin. State of Minnesota. That part of the Northwest Quarter of the Southwest Quarter of Section 21, Township 116, Range 22. lying South of Center line of Shakopee Road and East of the West 771-.85 feet thereof. GRACE CHURCH CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO. 2000- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR GRACE CHURCH BY GRACE CHURCH WHEREAS, Grace Church, has applied for Site Plan approval of Grace Church on 63 acres for construction of a 600,000 square foot church complex, to be zoned in the Public Zoning District on 63 acres by an Ordinance approved by the City Council on October 3, 2000; and WHEREAS, the Community Planning Board reviewed said application at a public hearing at its July 10, 2000 meeting and recommended approval of said site plans; and WHEREAS,the City Council has reviewed said application at a public hearing at its August 1, 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 Grace Church, for the construction of a 600,000 square foot church complex, based on plans dated July 21, 2000, between Grace Church, and the City of Eden Prairie. ADOPTED by the City Council on October 3, 2000. Jean L. Harris,Mayor ATTEST: Kathleen A. Porta, City Clerk GRACE CHURCH CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2000- A RESOLUTION FINDING THE ENVIRONMENTAL ASSESSMENT WORKSHEET FOR GRACE CHURCH,A PRIVATE ACTION, DOES NOT REQUIRE AN ENVIRONMENTAL IMPACT STATEMENT WHEREAS, the City Council of Eden Prairie did hold a hearing on August 1, 2000, to consider Grace Church's proposal of Grace Church; and • WHEREAS, said development is located on 63 acres of land, south of Pioneer Trail, east of Eden Prairie Road, and west of Spring Road; and WHEREAS,the Community Planning Board did hold a public hearing on the proposal of Grace Church on July 10, 2000, and did recommend approval of the Environmental Assessment Worksheet finding the project of no significant impact; and WHEREAS, the City Council of Eden Prairie reviewed the Record of Decision on the proposal of Grace Church on August 1, 2000. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, that an Environmental Impact Statement is not necessary for the Grace Church proposal, because the project is not a major action, does not have significant environmental effects, and is not of more than local significance. ADOPTED by the City Council of the City of Eden Prairie this 3rd day of October, 2000. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk GRACE CHURCH CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 26-2000-PUD-18-2000 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 south of Pioneer Trail, east of Eden Prairie Road and west of Spring Road from the Rural Zoning District to the Public 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.) EDIT A • Grace Church Legal Description: Comprehensive Guide Plan Change That part of the Northwest 1/4 of the Southwest 1/4 of Section 21, Township 116 North, Range 22 West of the Fifth Principal Meridian, described as follows: . Commencing at a point on the center line of County Road No. 1 formerly known as Shakopee Road, which point is 771.85 feet due East of West line of Northwest 1/4 of Southwest 1/4; thence South parallel to said West line 335 feet to South line of Northwest 1/4 of Southwest 1/4; thence West along South line 771.85 feet to Southwest corner thereof, thence North along West line to the center line of said road; thence Southeasterly along said center line to point of beginning and there terminating,. County of Hennepin, State of Minnesota. That part of the Northwest Quarter of the Southwest Quarter of Section 21, Township 116, Range 22, lying South of Center line of Shakopee Road and East of the West 771.85 feet thereof. PUD Concept Review,PUD District Review,Rezoning, Site Plan Review,Preliminary Plat That port of the following described property lying northeasterly of the following described Line A and its northwesterly and southeasterly extensions The Southwest Quarter of the Southwest Quarter of Section 21, Township 116, Range 22 West of the 5th Principal Meridian, except the South 653.4 feet of the East 1000 feet thereof. Also the North One—half of the Northwest Quarter of the Northwest Quarter of Section 28. Township 118 North. Range 22 West of the 5th Principal Meridian. LINE A: Commencing at the southwest corner of said Southwest Quarter of the Southwest Quarter of said Section 21; thence North 1 degree 38 minutes 21 seconds West along the ' west line'of said Southwest Quarter of the Southwest.Quarter a distance of 305.00 feet to the point of beginning of said Line A; thence South 26 degrees 24 minutes 49 seconds East a distance of 296.95 feet; thence South 50 degrees 00 minutes 48 seconds East a distance of 1067.81 feet to the south line of the North One—half of the Northwest Quarter of the Northwest Quarter of said Section 28 and said Line A there terminating. The South 653.4 feet of the East 1000 feet of the Southwest Quarter of the Southwest Quarter of Section 21, Township 116 North, Range 22 West of the 5th Principal Meridian. That part of the Northwest 1/4 of the Southwest 1/4 of Section 21, Township 116 North, Range 22 West of the Fifth Principal Meridian, described as follows: Commencing at a point on the center line of County Road No. 1 formerly known as Shakopee Road, which point is 771.85 feet due East of West line of Northwest 1/4 of Southwest 1/4; thence South parallel to said West line 335 feet to South line of Northwest 1/4 of Southwest 1/4; thence West along South line 771.85 feet to Southwest corner thereof, thence North along West line to the center line of said rood; thence Southeasterly along said center line to point of beginning and there terminating, County of Hennepin, State of Minnesota. • That part of the Northwest Quarter of the Southwest Quarter of Section 21, Township 116, Range 22, lying South of Center line of Shakopee Road and East of the West 771.85 feet thereof. DEVELOPER'S AGREEMENT GRACE CHURCH THIS AGREEMENT is entered into as of October 3,2000,by Grace Church, a Minnesota Nonprofit Organization,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 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,legally described on Exhibit A(the"Property"); NOW,THEREFORE,in consideration of the City adopting Resolution No. for Comprehensive Guide Plan Change, Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review with waivers and Zoning District Change,Resolution No. for Site Plan Review,Resolution No. for Preliminary Plat, and Resolution No. for EAW Declaration, • 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 July 21,2000,reviewed and approved by the City Council on August 1,2000, 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. ACCESS PERMIT: Prior to building permit issuance, Developer shall obtain from Hennepin County, a permit for access to Spring Road, and provide a copy of said permit to the City Engineer. 4. CROSS TOWER: Prior to building permit issuance for the cross tower for the Property as shown on Exhibit B, Developer shall submit to the City Planner, and receive the City Planner's written approval of detailed plans for the construction of the cross tower, including no illumination of the cross, or cross tower,by lights attached or detached from the structure. 5. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Property construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City need not issue a building or occupancy permit for construction or occupancy on the Property while such a violation is continuing,unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 6. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release,defend and indemnify City, its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors,suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 7. EXISTING SPRING ROAD IMPROVEMENTS; In addition to the construction of concrete curb and gutter along the west side of existing Spring Road as shown on Exhibit B, the Developer shall add a right turn lane on Spring Road at its intersection with Pioneer Trail (CSAH 1). Developer shall provide, at no cost to the City, roadway, utility, drainage, and trail easements necessary for the right turn lane and other street and trail improvements as shown on Exhibit B. 8. 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. 9. FUTURE USE OF THE PROPERTY FOR K THROUGH 12 EDUCATION: Developer acknowledges that the approved use of the Property is for a church and religious education. Developer further acknowledges that any proposal to use the Property for K through 12 education will require a Public Hearing before the Community Planning Board and City Council for approval of a Comprehensive Guide Plan Change and Zoning District Amendment. 10. 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, JD 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 fmal 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 fmal 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. 11. INDIRECT SOURCE PERMIT: Developer shall follow all requirements and conditions of the Indirect Source Permit issued for the Property by the Minnesota Pollution Control Agency which are imposed upon the Developer as first permittee and shall comply with all directives issued by the City to fulfill the City's obligations a second permittee. In addition Developer shall provide to the City in a timely fashion all information required to enable the City to file such reports as are required by the Indirect Source Permit. 12. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. 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. 13. ISSUANCE OF BUILDING PERMIT: Developer acknowledges that the development of the Property is dependent on the realignment of County Road 4 on the east side of the Property for access and utilities to the Property. Developer agrees that no building permit shall be issued until one of the following events occurs: 11 A. Grace Church,MAC, and Lynn Charlson have sued a special assessment agreement regarding participation in cost sharing of the road realignment and utility project in accordance with the Charlson Area Improvements Feasibility Study. B. Construction plans for the road realignment and utility project have been approved and a contract for construction is awarded by the City Council. • C. In the event that neither A or B can be accomplished within an acceptable time frame, the Developer may proceed by entering into an agreement with the City, which in form and substance is acceptable to City, to construct, at the Developer's sole expense, the following improvements: 1. Improvements to existing Eden Prairie Road from Pioneer Trail to Valley Road as depicted in the Charlson Area Improvements Feasibility Study. 2. Watermain in existing Eden Prairie Road from Pioneer Trail to Valley Road as depicted in the Charlson Area Improvements Feasibility Study. 3. Sanitary Sewer in existing Eden Prairie Road from Pioneer Trail to Riley Creek as depicted in the Charlson Area Improvements Feasibility Study. 4. A wastewater pumping station, force main and gravity sanitary sewer from Riley Creek to existing sewer on Mitchell Road as depicted in the Charlson Area Improvements Feasibility Study. If Developer's costs for road and utility improvements described in"C" above exceed the Property's pending assessments for I.C. 99-5484, Charlson Area Improvements, City shall release Property from assessments for I.C. 99-5484. 14. LANDSCAPE PLAN: Prior to building permit issuance,the Developer shall submit to the City Planner and receive the City Planner's written approval of 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. 15. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit, water meters, and standard heating,ventilating, and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of 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. 16. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the Public Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD A. Building height to 59 feet. City Code maximum is 30 feet. B. Tower/spire height to 133 feet. City Code maximum is 55 feet. C. Use of 50% face brick and glass, and 25% architectural precast stone panel for exterior building materials. City Code requires 75% face brick, glass, and/or natural stone. D. Temporary use of 66%required exterior building materials to accommodate a temporary stucco wall to be removed with phase 2 construction. City Code requires 75% face brick, glass, and/or natural stone. 17. REMOVAL/SEALING OF EXISTING WELL AND SEPTIC SYSTEMS: Prior to issuance by City of any permit for grading or building on the Property, Developer shall submit to the Chief Building Official and to obtain the Chief Building Official's written approval of plans for demolition and removal of existing septic systems and wells on the Property, and restoration of the Property. Prior to such demolition or removal, Developer shall provide to the City a deposit in the amount of$1,000.00 to guarantee that Developer completes implementation of the approved plan. The city shall return to Developer the $1,000.00 deposit at such time as the Chief Building Official has verified in writing that the Developer has completed implementation of the approved plan. 18. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls I3 identified on the grading plan in Exhibit B. These plans shall include details with respect to the height,type of materials, and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. 19. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any permit for grading or construction on the Property, Developer shall submit to the Parks and Recreational Services Director and obtain the Director's written approval of detailed plans for sidewalks and trails to be constructed on the Property. Developer shall convey access easements for such sidewalks and trails in such locations as determined by the Parks and Recreation Services Director. Sidewalks and trails shall be constructed in the following locations: A. An eight-foot wide bituminous trail to be located along Pioneer Trail, Spring Road, and Eden Prairie Road as depicted in Exhibit B, attached hereto. Developer shall maintain the existing trail along Pioneer Trail. Developer shall complete implementation of the approved plans in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property. 20. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70,Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location, the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction, and location of any such sign, consistent with the sign plan shown on Exhibit B and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. 21. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All parking lot lighting shall consist of downcast shoebox fixtures not to exceed 20 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. Developer agrees that the parking lot lighting will be turned off at night when the church facility is not in use, except for a minimal number of lights to meet safety requirements. 22. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of the fmal plat for the Property,Developer agrees to sign an assessment agreement, attached hereto as Exhibit E, with the City for trunk sewer and water assessments on an assessable area of 63.50 acres at the per acre rate then in effect. 23. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the construction of streets and utilities for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's written approval of plans for public streets and storm sewer. Plans for public infrastructures shall be of a plan view and profile on 24 x 36 plan sheets consistent with City standards. A permit fee of five percent of construction value shall be paid to City by Developer. The design engineer shall provide daily inspection, certify completion in conformance to approved plans and specifications and provide record drawings. 24. TRAFFIC CONTROL: Developer acknowledges that the use of the Property may produce high traffic volumes at specific times. At such time as the City Manager, in his or her sole discretion, determines that the traffic volumes generated entering and/or exiting the Property create traffic congestion,timing, or safety issues,the Developer shall, at his sole expense,provide adequate traffic control at the Property to direct incoming and outgoing traffic during the peak traffic generation times. 25. TRASH: Developer agrees that all trash, trash receptacles and recycling bins shall at all times be located inside of the building, as depicted on Exhibit B. 26. TREE LOSS - TREE REPLACEMENT: There are 2,299 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 2,299 diameter inches. Tree replacement required is 3,058 caliper inches. Prior to the issuance of any grading permit for the Property,Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 3,058 caliper inches. This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein,Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Developer shall complete implementation of the approved tree replacement plan concurrent with building construction, and prior to occupancy permit issuance. Ij CITY COUNCIL AGENDA DATE: 10/03/00 SECTION: Consent Agenda SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R. Uram Rolling Hills Senior Housing raL 4C Krista Flemming Requested Action Move to: • Approve 2"a Reading of the Ordinance for PUD District Review with waivers and Zoning District Change ; and • Adopt the Resolution for Site Plan Review; and • Approve the Developer's Agreement for Rolling Hills Senior Housing. Synopsis This project is for a three story senior complex with 142 units and an office building (proposed medical use) at 17,500 square feet located at the southeast corner of Prairie Center Drive and Rolling Hills Road as part of the original Hartford Place PUD. The project received its first City Council at the October 19, 1999,meeting. Attachments 1. Ordinance for PUD District Review with waivers and Zoning District Change 2. Resolution for Site Plan Review 3. Developer's Agreement ROLLING HILLS SENIOR HOUSING CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA ORDINANCE NO. 28-2000-PUD-20-2000 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 Commercial Regional Service Zoning District, and amended within the RM-2.5 and Office Zoning Districts and be placed in the Hartford Place Planned Unit Development RM-2.5 and Office Zoning Districts 28-2000-PUD-20-2000 (hereinafter "PUD-20-2000-RM-2.5 and Office"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of October 3, 2000, entered into between Hartford Financial Services, Inc., and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-20-2000-RM-2.5 and Office, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-20-2000-RM-2.5 and Office is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-20-2000-RM-2.5 and Office 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-20-2000-RM-2.5 and Office are justified by the design of the development described therein. D. PUD-20-2000-RM-2.5 and Office 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 Commercial Regional Service Zoning District, and amended within the RM- 2.5 and Office Zoning Districts and shall be included hereafter in the Planned Unit Development PUD-20-2000-RM-2.5 and Office 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 19th day of October, 1999, 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 19th day of September, 2000. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris,Mayor PUBLISHED in the Eden Prairie News on 3 ROLLING HILLS SENIOR HOUSING CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2000- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR ROLLING HILLS SENIOR HOUSING BY HARTFORD FINANCIAL SERVICES,LLC WHEREAS, Harford Financial Services, LLC, has applied for Site Plan approval of Rolling Hills Senior Housing on 8.97 acres for construction of a three story, 142 unit senior housing apaitiiient and a 17,500 square foot office, to be zoned in the RM-2.5 Zoning District on 7.95 acres and Office Zoning District on 1.02 acres by an Ordinance approved by the City Council on October 3, 2000, and WHEREAS, the Planning Commission reviewed said application at a public hearing at its September 27, 1999,Planning Commission meeting and recommended approval of said site plans; and WHEREAS,the City Council has reviewed said application at a public hearing at its October 19, 1999,meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Harftord Financial Services, LLC, for the construction of a three story, 142 unit senior housing apartment and a 17,500 square foot office, based on plans dated October 6, 1999, between Hartford Financial Services, LLC, and the City of Eden Prairie. ADOPTED by the City Council on October 3, 2000. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk 4 ROLLING HILLS SENIOR HOUSING CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO.28-2000-PUD-20-2000 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 on the southeast corner of Prairie Center Drive and Rolling Hills Road from the Commercial Regional Service Zoning District to the RM-2.5 and Office Zoning Districts, and amending of land within the RM-2.5 and Office Zoning Districts. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen 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.) • DEVELOPER'S AGREEMENT ROLLING BILLS SENIOR HOUSING THIS AGREEMENT is entered into as of October 3,2000,by Hartford Financial Services, LLC, 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, Developer has applied to City for Guide Plan Amendment from Regional Commercial to High Density Residential on 7.95 acres and to Office on 1.02 acres; Planned Unit Development Concept Amendment on 8.97 acres; Planned Unit Development District Amendment with waivers on 8.97 acres;Zoning District Change from C-Reg-Ser to RM-2.5 on 7.95 acres and to Office on 1.02 acres; Site Plan Review on 8.97 acres; and Preliminary Plat on 8.97 acres into 2 lots, legally described on Exhibit A(the"Property"); NOW, THEREFORE, in consideration of the City adopting Resolution No. 99-190 for Guide Plan Change, Ordinance No. 99-191 for Planned Unit Development Concept Amendment, Ordinance No. for Planned Unit Development District Review and Zoning District change from C-Reg-Ser to RM-2.5 and to Office, Resolution No. for Site Plan Review, and Resolution No. 99-192 for Preliminary Plat,Developer agrees to construct, develop and maintain the Property as follows: Standard Conditions: 1. PLANS: Developer agrees to develop the Property in conformance with the materials revised and dated October 6, 1999,reviewed and approved by the City Council on October 19, 1999, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants,agreements, and conditions set forth in Exhibit C. 3. CONSERVATION EASEMENT FOR THE PROTECTION OF EXISTING WETLAND ON THE PROPERTY: Prior to issuance of the first building permit for the Property, Developer shall submit a Conservation Easement for review and written approval by the Parks and Recreation Services Director,for the area delineated on Exhibit B. Prior to the release of the first building permit for the Property, Developer shall submit evidence to the Parks and Recreation Services Director, that the approved Conservation Easement has been filed in the Hennepin County Recorder's/Registrar of Titles' Office. 4. CROSS ACCESS,PARKING,AND MAINTENANCE AGREEMENT: Prior to release of the final plat for any portion of the Property,the Developer shall provide a signed cross access,parking, and maintenance agreement between proposed Lot 1,Block 1, and proposed Lot 2, Block 1. This Agreement shall address joint vehicle access and maintenance in parking areas, driveways and storm sewers. All of these facilities shall be privately owned and maintained by the Developer or Owner. Prior to the issuance of any building permit for the Property,Developer shall submit to the City Engineer proof that the cross access and maintenance agreement has been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office. 5. 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 agrees to complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 6. GRADING, DRAINAGE,AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in Exhibit B is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all water quality ponds, storm water detention areas and other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity • together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the water quality pond conforms to the final grading plan. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved plan Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and City erosion control policy. The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and City erosion control policy. B. EROSION CONTROL PLAN: Prior to issuance of a grading permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of an erosion control plan for the Property. The erosion control plan shall include all boundary erosion control features,temporary stockpile locations and turf restoration procedures: All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. Prior to release of the grading bond, Developer shall complete implementation of the approved plan. Developer shall remove any sediment that accumulates in the existing and/or proposed sedimentation pond during construction. Developer shall provide preconstruction and post construction surveys to the City. 7. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. Developer agrees that the irrigation system shall be designed such that water is not directed on or over public sidewalks or trails. Developer agrees to complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 8. LANDSCAPE PLAN: Prior to 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 agrees to complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 9. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the RM-2.5 and Office Zoning Districts through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD 99-191: RM-2.5: • Waivers from a maximum density of 17.4 units per acres to 17.86 units per acre; a minimum front yard parking setback of 35 feet . to 10 feet; a minimum side yard structure setback of 25 feet to 20 feet; a minimum site area per dwelling unit of 2,500 sq. ft. to 2,439 sq. ft; a side yard parking setback from a minimum of 10 feet to 0 feet; and a minimum of 2 parking spaces per dwelling unit to .7 parking spaces per dwelling unit. 0 OFFICE: • Waivers from a side yard structure setback from a minimum of 20 feet to 14 feet; and a side yard parking setback from a minimum of 10 feet to 0 feet. Developer agrees to provide additional of 100, 10-15 foot high conifers along the south east property line adjacent to the residential development prior to issuance of any building permit for the Property. 10. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in Exhibit B. These plans shall include details with respect to the height,type of materials, and method of • construction to be used for the retaining walls. Developer agrees that the materials to be used shall be compatible with those used on adjacent lands within the Hartford Place Planned Unit Development. Developer agrees to complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto,prior to issuance of any occupancy permit for the Property. 11. SIDEWALK AND TRAIL CONSTRUCTION: Developer shall submit to the Parks and Recreational Services Director and obtain the Director's written approval of detailed plans for sidewalks and trails to be constructed on the Property. Developer shall convey access easements for such sidewalks and trails in such locations as determined by the Parks and Recreation Services Director,prior to release of the final plat for any portion of the property. Sidewalks and trails shall be constructed in the following locations: A. A five-foot wide concrete sidewalk to be located from Prairie Center Drive along Rolling Hills Road connecting to the existing sidewalk beginning at the Pulte townhome development as depicted in Exhibit B, attached hereto. B. An five-foot wide concrete sidewalk to be located from Preserve Boulevard along Prairie Center Drive to Rolling Hills Road as depicted in Exhibit B, attached hereto. Developer agrees to complete implementation of the approved plans in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property. 12. BUILDING CONNECTION: Prior to issuance by the City of occupancy permit for the office building,Developer shall submit a letter to the City Planner indicating the nature of the office use. If it is determined that the use will be medical, Developer agrees to submit to the City Planner, and obtain the City Planner's written approval of detailed plans for the 1 construction of a covered connection between the office building and senior structure. These plans shall include details with respect to the height,type of materials,and method of construction to be used for the connection. Developer agrees that the materials to be used shall be compatible with those used on adjacent lands within the Hartford Place Planned Unit Development. The City Planner shall approve plans if they conform to the applicable building codes and are aesthetically compatible with adjacent buildings. Developer agrees to complete implementation of the approved connection,prior to issuance of any occupancy permit for the Office building. 13. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70,Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size,location,the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction,and location of any such sign,consistent with the sign plan shown on Exhibit B and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. 14. TRASH: Developer agrees that all trash, trash receptacles and recycling bins shall at all times be located inside of the building enclosures depicted on Exhibit B. 15. TREE REPLACEMENT: Developer agrees to replace trees currently located on the existing berm adjacent to the southeast property line with plant material of the same type and size if they are displaced with the grading or retaining wall installation. Prior to issuance of any occupancy permit for the Property, Developer agrees to complete replacement of any displaced plant materials in accordance with the terms and conditions of Exhibit C,and subject to the review and release of the landscape bond as required by City Code. 16. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All pole lighting shall consist of downcast shoebox fixtures not to exceed 20 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 17. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer agrees to release, defend and indemnify City, its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs '(including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection,review or approval by City. 10 CITY COUNCIL AGENDA DATE: 10/03/00 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R. Uram Eden Orchard PUD 1st Amendment /11 1) Michael D. Franzen Requested Action Move to: • Approve 2"a Reading of the Ordinance for PUD District Review with waivers and Zoning District Change from Rural to RM-6.5 on 3.99 acres and from Rural to R1-13.5 on 1.66 acres; and • Approve the Developer's Agreement for Eden Orchard PUD 1st Amendment Addition. Synopsis This project is for a replat of 20 existing twin home lots, 10 new twinhome lots and 1 single family lot. Attachments 1. Ordinance for PUD District Review with waivers and Zoning District Change 2. Developer's Agreement Eden Orchard PUD 1st Amendment CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO.29-2000-PUD-21-2000 AN ORDINANCE OF 'THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural Zoning District and be placed in the Planned Unit Development R1-13.5 and RM-6.5 Zoning Districts 29-20 00-PUD-2 1-200 0 (hereinafter "PUD-2 1-20 00-R1-13.5 and RM-6.5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of October 3, 2000, entered into between Thompson Land Development, and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-21-2000-R1-13.5 and RM- 6.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-21-2000-R1-13.5 and RM-6.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-21-2000- R1-13.5 and RM-6.5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-21-2000-R1-13.5 and RM-6.5 are justified by the design of the development described therein. D. PUD-21-2000-R1-13.5 and RM-6.5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District, and changed to R1-13.5 and RM-6.5 Zoning Districts and shall be included hereafter in the Planned Unit Development PUD-21-2000-R1-13.5 and RM-6.5, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 6th day of June, 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 3rd day of October, 2000. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on 3 EXHIBIT A Project Name Eden Orchard PUD lst Amendment Legal Description: The south 290 feet of the east 752 feet as measured at right angles of the Northwest Quarter of the Northwest Quarter of Section 29 Township 116, Range 22,Hennepin County,Minnesota. And Outlot C, OAKPARKE 1sT Addition, according to the recorded plat thereof, Hennepin County, Minnesota. Eden Orchard PUD 1st Amendment CITY OF EDEN PRAIRIE HENNEPIN COUNTY,IVIINNESOTA SUMMARY OF ORDINANCE NO. 29-2000-PUD-21-2000 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 17251 Cedarcrest Drive from Rural to RM-6.5 and R1-13.5 Zoning Districts. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen 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 EDEN ORCHARD PUD FIRST AMENDMENT DEVELOPER'S AGREEMENT THIS AGREEMENT is entered into as of , 2000, by US Homes Corporation, a Delaware 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 Amendment on 11.27 acres of the 162.4 acres of Eden Orchard PUD, Planned Unit Development District Review with waivers on 11.27 acres, Zoning District Change from Rural to RM-6.5 on 3.99 acres and from Rural to R1-13.5 on 1.66 acres, and Preliminary Plat on 11.27 acres into 31 lots and 4 outlots, legally described on Exhibit A(the"Property"); NOW, THEREFORE, in consideration of the City adopting Resolution No. for Guide Plan Change, Resolution No. for Planned Unit Development Concept Amendment, Ordinance No. for Planned Unit Development District Review and Zoning District change from Rural to R1-13.5 and RM 6.5, Resolution No. for Site Plan Review, 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 , reviewed and approved by the City Council on June 6, 2000, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the construction of streets and utilities for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's written approval of plans for public streets, public sanitary sewer, water and storm sewer. Developer shall provide an adequate storm sewer outlet pipe from the pond to Riley creek. Developer acknowledges that to use the storm sewer outlet shown on Exhibit B, attached hereto, drainage and utility easements and temporary grading easements are required. If these easements cannot be acquired, Developer shall construct a storm sewer outlet from the pond to Riley Creek as approved in the July 1, 1999 Developer's Agreement for the Eden Orchard PUD. Plans for public infrastructures shall be of a plan view and profile on 24 x 36 plan sheets consistent with City standards. A permit fee of five percent of construction value shall be paid to City by Developer. The design engineer shall provide daily inspection, certify completion in conformance to approved plans and specifications and provide record drawings. 4. CONSERVATION EASEMENT FOR THE PROTECTION OF EXISTING TREES ON THE PROPERTY: Prior to issuance of the first building permit for the Property, Developer shall submit a Conservation Easement, for Outlots B and D, as depicted on Exhibit B, for review and written approval by the Director of Parks, Recreation and Natural Resources, for the area delineated on Exhibit B. Prior to the release of the first building permit for the Property, Developer shall submit evidence to the Director of Parks, Recreation and Natural Resources, that the approved Conservation Easement has been filed in the Hennepin County Recorder's/Registrar of Titles' Office. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 1/2 by 6 inch sign or decal reading"Scenic/Conservation Easement Boundary, City of Eden Prairie",will be affixed to the top of the post. 5. 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. B. 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. C. 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. 6. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the RM 6.5 Zoning Distinct through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD ): A. Lot width of 22.76 feet for proposed Lot 1, Block 3 and 23.30 feet for proposed Lot 2, Block 3. 7. REMOVAL/SEALING OF EXISTING WELL AND SEPTIC SYSTEMS: Prior to issuance by City of any permit for grading or building on the Property, Developer shall submit to the Chief Building Official and to obtain the Chief Building Official's written approval of plans for demolition and removal of existing septic systems and wells on the Property, and restoration of the Property. Prior to such demolition or removal, Developer shall provide to the City a deposit in the amount of $1,000.00 to guarantee that Developer completes implementation of the approved plan. The city shall return to Developer the $1,000.00 deposit at such time as the Chief Building Official has verified in writing that the Developer has completed implementation of the approved plan. 8. RETAINING WALLS: Prior to issuance by the City of any building permits for Lots 7 and 8 Block 6, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in Exhibit B. These plans shall include details with respect to the height, type of materials, and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. 9. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any permit for grading or construction on the Property, Developer shall submit to the Parks and Recreational Services Director and obtain the Director's written approval of detailed plans for sidewalks and trails to be constructed on the Property. Developer shall convey access easements for such sidewalks and trails in such locations as determined by the Parks and Recreation Services Director. Sidewalks and trails shall be constructed in the following locations: A. A five-foot wide concrete sidewalk to be located along the east side of Haralson Drive and the north side of the Haralson Drive cul de sac, as depicted in Exhibit B, attached hereto. B. An eight-foot wide bituminous trail to be located on proposed outlots C and Cedar Crest Drive as depicted in Exhibit B, attached hereto. Developer shall provide a 20 foot trail easement to the City for outlot C in a form attached as Exhibit G. 10. TREE LOSS - TREE REPLACEMENT: There are 16,462 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 4,639 diameter inches. Tree replacement required is 1,736 caliper inches. Prior to the issuance of any grading permit for the Property,Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 1,736 caliper inches. This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein, Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Developer shall complete implementation of the approved tree replacement plan in stages as platted. 11. SPECIAL ASSESSMENT AGREEMENT: Concurrent with the signing of the Developer's Agreement, Developer agrees to sign the assessment agreement attached as Exhibit F, for trunk assessments on an assessable area of 4.5 acres at the rate then in effect and for assessments for future sanitary sewer improvements within the Cedar Forest First Addition. 12. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release, defend and indemnify City, its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection,review or approval by City. 13. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing,unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. /0 CITY COUNCIL AGENDA DATE: 10/03/00 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R. Uram Summerhill Senior Cooperative in 1 Krista Flemming Requested Action Move to: • Approve 2nd Reading of the Ordinance for PUD District Review with waivers and Zoning District Change from Rural to RM-2.5 on 3.09 acres; and • Adopt the Resolution for Site Plan Review; and • Approve the Developer's Agreement for Summerhill Senior Cooperative Synopsis This project is for a four story building with 48 senior housing units located at Smetana Lane and Valley View Road. Attachments 1. Ordinance for PUD District Review with waivers and Zoning District Change 2. Resolution for Site Plan Review • 3. Developer's Agreement SU1\ MERHILL SENIOR COOPERATIVE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural Zoning District and be placed in the Planned Unit Development RM-2.5 Zoning District 22-2000-PUD- -2000 (hereinafter "PUD- -2000-RM-2.5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of October 3, 2000, entered into between Realife, Inc., and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD- -2000-RM-2.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD- -2000-RM-2.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD- -2000-RM-2.5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD- -2000-RM-2.5 are justified by the design of the development described therein. D. PUD- -2000-RM-2.5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District, and placed in the RM-2.5 Zoning District and shall be included hereafter in the Planned Unit Development PUD- -2000-RM-2.5 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Defmitions 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 3rd day of October, 2000. ATTEST: Kathleen A. Porta, City Cleric Jean L. Harris,Mayor PUBLISHED in the Eden Prairie News on 3 EXEIIBIT A Summerhill Senior Cooperative Legal Description: Lot 1,Block 2,Liberty Place I SUMMERHILL SENIOR COOPERATIVE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2000- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR SUMMERHILL SENIOR COOPERATIVE BY REALIFE,INC. WHEREAS, Realife, Inc., has applied for Site Plan approval of Summerhill Senior Cooperative on 3.09 acres for construction of a four story, 48 unit senior housing building, to be zoned in the RM-2.5 Zoning District on 3.09 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 be granted to Realife, Inc., for the construction of a four story, 48 unit senior housing building,based on plans dated June 30, 2000, between Realife,Inc., and the City of Eden Prairie. ADOPTED by the City Council October 3,2000. Jean L. Harris,Mayor ATTEST: Kathleen A.Porta, City Clerk 5 SUMMERHILL SENIOR COOPERATIVE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 22-2000-PUD-14-2000 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 Valley View Road and Smetana Lane from the Rural Zoning District to the RM-2.5 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.) EXHIBIT A Summerhill Senior Cooperative Legal Description: Lot 1, Block 2, Liberty Place DEVELOPER'S AGREEMENT SU1VIMERIIII,L SENIOR COOPERATIVE THIS AGREEMENT is entered into as of October 3, 2000,by Realife, 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 Amendment on 3.09 acres of the Liberty Place PUD,Planned Unit Development District Review with waivers on 3.09 acres, Zoning District Change from Rural to RM-2.5 on 3.09 acres, and Site Plan Review on 3.09 acres, legally described on Exhibit A(the"Property"); NOW,THEREFORE, in consideration of the City Resolution No. 2000-119 for Planned Unit Development Concept Amendment, Ordinance No. for Planned Unit Development District Review with waivers and Zoning District Change from Rural to RM-2.5, and Resolution No. for Site Plan Review,Developer shall 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. CROSS ACCESS AND MAINTENANCE AGREEMENT: Prior to issuance of the first building permit for the Property, the Developer shall enter into a cross access and maintenance agreement with Realife Valley View Cooperative, on Lot 1,Block 1, Realife Valley View Cooperative of Eden Prairie Addition,the form and content of which must be approved by the City Engineer. This Agreement shall address joint vehicle access and maintenance in parking areas, driveways, sidewalks, trails, and storm sewers. All of these facilities shall be privately owned and maintained by the Developer or Owner. Prior to the issuance of any building permit for the Property,Developer shall submit to the City Engineer proof that the cross access and maintenance agreement has been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office. 4. 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 teiuis and conditions of Exhibit C, attached hereto. 5. 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 confouns 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. 6. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. Developer shall complete implementation of the approved irrigation plan in accordance with the teiuis and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. ci 7. 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. 8. 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. 9. 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 Summerhill Senior Cooperative 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 Summerhill Senior Cooperative use, the City Manager shall notify the Developer in writing of the need to construct additional proof of parking spaces. This notification shall include the number, location and timetable for construction of the additional proof-of- parking spaces. Developer shall comply with all requirements contained in the City Manager's notification. 10. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the RM—2.5 Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD 2000-119: • Site area per dwelling unit from 30,000 sq. ft. in a shoreland area to 2,804 sq. ft. • Building height from 35 feet (shoreland code) and from 45 feet(zoning code) to 50 feet. • Impervious surface from 30% to 42%. Developer shall provide additional screening within the setback in or to minimize the impact of this waiver, as depicted on Exhibit B. 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. 11. RETAINING WALLS: Prior to issuance by the City of any permit for grading or /Q construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in Exhibit B. These plans shall include details with respect to the height,type of materials, and method of construction to be used for the retaining walls. Developer agrees that the materials to be used shall be compatible with those used on adjacent lands within the Liberty Place PUD. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. 12. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of the building permit on the Property, Developer shall submit to the Parks and Recreational Services Director and obtain the Director's written approval of detailed plans for sidewalks and trails to be constructed on the Property. Developer shall convey access easements for such sidewalks and trails in such locations as determined by the Parks and Recreation Services Director. Sidewalks and trails shall be constructed in the following locations: A. A five-foot wide concrete sidewalk to be located along the internal surface parking lot area making a connection with Realife Cooperative to the west and the public trail to the east along Smetana Lane as depicted in Exhibit B, attached hereto. Developer shall convey a trail easement (Exhibit E) for that section of the eight-foot wide bituminous trail proposed to be constructed across Lot 1, Block 2,Liberty Place,by Liberty Property Limited Partnership as part of the approved Liberty Place trail system running from Smetana Lane to the west property line of Outlot C, as depicted in Exhibit B, attached hereto. Developer shall complete implementation of the approved plans in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property. 13. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70,Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location, the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction, and location of any such sign, consistent with the sign plan shown on Exhibit B and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. 14. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All pole lighting shall consist of downcast shoebox fixtures not to exceed 20 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. ' 1 15. 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. 16. 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. 17. SPECIAL ASSESSMENT AGREEMENT: Developer acknowledges that the Property is subject to a special assessment agreement, attached hereto as Exhibit F. CITY COUNCIL AGENDA DATE: 10/03/00 SECTION: Consent Agenda SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R. Uram Buca di Beppo Addition v l I t F. Krista Flemming ` Requested Action Move to: • • Approve 2nd Reading of the Ordinance for PUD District Review with waivers and Zoning District Amendment; and • Adopt the Resolution for Site Plan Review; and • Approve the Developer's Agreement for Buca di Beppo Addition. Synopsis This project is for a 1,507 sq. ft. building addition and parking lot reconfiguration located at the 7711 Mitchell Road. Attachments 1. Ordinance for PUD District Review with waivers and Zoning District Amendment 2. Resolution for Site Plan Review 3. Developer's Agreement BUCA DI BEPPO ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, NIINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the Community Commercial Zoning District (hereinafter "PUD- - 2000-Community Commercial"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of October 3, 2000, entered into between Buca di Beppo, Inc., and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD- -2000-Community Commercial, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD- -2000-Community Commercial is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD- -2000-Community Commercial is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD- -2000-Community Commercial are justified by the design of the development described therein. D. PUD- -2000-Community Commercial 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 Community Commercial Zoning District and shall be included hereafter in the Planned Unit Development -2000-Community Commercial, 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 5th day of September, 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 3rd day of October, 2000. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on 3 EXHIBIT A Buca di Beppo Addition Legal Description: Lot 2, Block 1, Edenvale Recreation Center 2nd Addition, except that part shown as Parcel 92 on Minnesota Department of Transportation Right of Way Plat No.27-91; AND That part of Lot 1, Block 1, lying southerly of the easterly extension of the north line of Lot 2, Block 1, the northerly line of Lot 2,Block 1, extended easterly to a point of intersection with the easterly line of Lot 2,Block 1, extended northerly all in Edenvale Recreation Center 2nd Addition; AND The West 30.00 feet, as measured at a right angle of Lot 3, Block 1, Edenvale Recreation Center 2nd Addition, according to the recorded plat thereof,Hennepin County,Minnesota; AND That part of Tract A,B, and C describe below: Tract A. Lot 2, Block 2, Edenvale Recreation Center Addition, according to the plat thereof on file of record in the office of the County Recorder in and for Hennepin County,Minnesota: Tract B. Lot 1, Block 2, Edenvale Recreation Center Addition, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; except that part embraced within that part of the Southwest Quarter of the Southwest Quarter of Section 10, Township 116 North, Range 22 West, described as beginning at a point on the south line of said Southwest Quarter of the Southwest Quarter, distant 18 feet west of the Southeast corner of Block 1, Edenvale Industrial Park; thence on an assumed bearing of North 86 degrees 40 minutes 14 seconds West along the south line of said Southwest Quarter of the Southwest Quarter a distance of 198 feet; thence North 02 degrees 56 minutes 26 seconds East, a distance of 220 feet; thence South 86 degrees 40 minutes 14 seconds East, a distance of 198 feet; thence South 02 degrees 56 minutes 26 seconds West, a distance of 220 feet to the point of beginning: Tract C. That part of Outlot B, Edenvale Recreation Center of 2nd Addition, shown as Parcel 73B on Minnesota Department of Transportation Right of Way Plat Numbered 27-91; as the same is on files and of record in the office of the County Recorder in and for Hennepin County, Minnesota;the title to a portion of said Parcel 73B being registered as evidenced by Certificate of Title No. 705938; which lies westerly,northerly and easterly of Line 1 described below: Line 1. Commencing at Right of Way Boundary Corner B31 as shown on said Plat No. 27-91; thence westerly on an azimuth of 270 degrees 03 minutes 36 seconds along the boundary of said plat of 361.78 feet to the point of beginning of Line 1 to be described;thence on an azimuth of 180 degrees 03 minutes 11 seconds for 62.00 feet; thence on an azimuth 270 degrees 00 minutes 00 seconds for 143.64 feet; thence on an azimuth of 00 degrees 00 minutes 00 seconds for 17.02 feet; thence on an azimuth of 270 degrees 00 minutes 00 seconds for 208.49 feet;thence on an azimuth of 00 degrees 03 minutes 11 seconds for 47.68 feet to Right of Way Boundary Corner B29 as shown on said Plat no. 27-91 and there terminating. —t BUCA DI BEPPO ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2000- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR BUCA DI BEPPO ADDITION BY BUCA DI BEPPO,INC. WHEREAS, Buca di Beppo, Inc., has applied for Site Plan approval of Buca di Beppo Addition on 1.53 acres for construction of a building addition of 1,507 sq. ft. and parking lot reconfiguration, to be zoned in the Community Commercial Zoning District on 1.53 acres by an Ordinance approved by the City Council on October 3, 2000; and WHEREAS, the Community Planning Board reviewed said application at a public hearing at its August 14, 2000 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its September 5, 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 Buca di Beppo, Inc., for the construction of a building addition of 1,507 sq. ft. and parking lot reconfiguration, based on plans dated August 21, 2000,between Buca di Beppo, Inc., and the City of Eden Prairie. ADOPTED by the City Council on October 3, 2000. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk BUCA DI BEPPO ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 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 7711 Mitchell Road within the Community Commercial Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen 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.) EXHIBIT A Buca di Beppo Addition Legal Description: Lot 2, Block 1, Edenvale Recreation Center 2nd Addition, except that part shown as Parcel 92 on Minnesota Department of Transportation Right of Way Plat No.27-91; AND That part of Lot 1, Block 1, lying southerly of the easterly extension of the north line of Lot 2, Block 1, the northerly line of Lot 2,Block 1, extended easterly to a point of intersection with the easterly line of Lot 2,Block 1, extended northerly all in Edenvale Recreation Center 2nd Addition; AND The West 30.00 feet, as measured at a right angle of Lot 3, Block 1, Edenvale Recreation Center 2nd Addition, according to the recorded plat thereof,Hennepin County,Minnesota; AND That part of Tract A,B,and C describe below: Tract A. Lot 2, Block 2, Edenvale Recreation Center Addition, according to the plat thereof on file of record in the office of the County Recorder in and for Hennepin County,Minnesota: Tract B. Lot 1,Block 2,Edenvale Recreation Center Addition,according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; except that part embraced within that part of the Southwest Quarter of the Southwest Quarter of Section 10, Township 116 North, Range 22 West, described as beginning at a point on the south line of said Southwest Quarter of the Southwest Quarter, distant 18 feet west of the Southeast corner of Block 1, Edenvale Industrial Park; thence on an assumed bearing of North 86 degrees 40 minutes 14 seconds West along the south line of said Southwest Quarter of the Southwest Quarter a distance of 198 feet; thence North 02 degrees 56 minutes 26 seconds East, a distance of 220 feet;thence South 86 degrees 40 minutes 14 seconds East, a distance of 198 feet;thence South 02 degrees 56 minutes 26 seconds West, a distance of 220 feet to the . point of beginning: Tract C. That part of Outlot B, Edenvale Recreation Center of 2nd Addition, shown as Parcel 73B on Minnesota Department of Transportation Right of Way Plat Numbered 27-91; as the same is on files and of record in the office of the County Recorder in and for Hennepin County,Minnesota;the title to a portion of said Parcel 73B being registered as evidenced by Certificate of Title No.705938; which lies westerly,northerly and easterly of Line 1 described below: Line 1. Commencing at Right of Way Boundary Corner B31 as shown on said Plat No. 27-91; thence westerly on an azimuth of 270 degrees 03 minutes 36 seconds along the boundary of said plat of 361.78 feet to the point of beginning of Line 1 to be described;thence on an azimuth of 180 degrees 03 minutes 11 seconds for 62.00 feet; thence on an azimuth 270 degrees 00 minutes 00 seconds for 143.64 feet; thence on an azimuth of 00 degrees 00 minutes 00 seconds for 17.02 feet; thence on an azimuth of 270 degrees 00 minutes 00 seconds for 208.49 feet;thence on an azimuth of 00 degrees 03 minutes 11 seconds for 47.68 feet to Right of Way Boundary Corner B29 as shown on said Plat no.27-91 and there terminating. DEVELOPER'S AGREEMENT BUCA DI BEPPO ADDITION THIS AGREEMENT is entered into as of October 3, 2000,by BUCA, 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 1.53 acres, Planned Unit Development District Review with waivers on 1.53 acres, Zoning District Amendment within the Community Commercial Zoning District on 1.53 acres, Site Plan Review on 1.53 acres, and Preliminary Plat on 1.53 acres into one lot legally described on Exhibit A(the"Property"); NOW,THEREFORE,in consideration of the City adopting Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review with waivers and Zoning District Amendment within the Community Commercial Zoning District, Resolution No. for Site Plan Review, and Resolution No. for Preliminary Plat,Developer shall 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 August 21, 2000, reviewed and approved by the City Council on September 5, 2000, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein, or hereafter approved by the City. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Property construction thereon, or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement of the proposed addition to the existing building on the Property, City need not issue a building or occupancy permit for construction or occupancy while such a violation is continuing,unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release,defend and indemnify City,its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants,contractors,subcontractors,suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection,review or approval by City. 5. EXTERIOR MATERIALS: Prior to building permit issuance,Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the Addition on the Property. Prior to issuance of any occupancy permit for the building addition, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 6. FENCE: Prior to issuance of any certificate of occupancy for the building addition, Developer shall install a 6 foot high, chain link fence, or Developer shall submit to the City Planner, and receive the City Planner's written approval for an acceptable alternative along the retaining wall on the south property line. 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,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 an acceptable surety,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 with 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 t 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. 8. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the building addition. 9. LAND CONVEYANCE IN COORDINATION WITH MINNESOTA DEPARTMENT OF TRANSPORATION:Prior to issuance by City of any permit for the construction of the site improvements,Developer shall complete the acquisition of excess MN/DOT Right of Way from the City as shown in Exhibit B. Developer further acknowledges that MNDOT retains temporary easements over portions of the Property for construction of TH 212. Developer shall coordinate the construction of site improvements with MNDOT's construction of TH 212 improvements 9. LANDSCAPE PLAN: Prior to building permit issuance for the Property, 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 surety equal to 150%of the cost of said improvements as required by City Code. Prior to release of said funds for the Property,Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 10. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit,water meters, and standard heating,ventilating, and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to /0 issuance of any occupancy permit for the building addition. If,after completion of construction of the mechanical equipment screening,it is determined by the City Planner,in his or her sole discretion,that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 11. PERFORMANCE SURETY FOR PARKING LOT CONSTRUCTION: Developer agrees to construct the parking lot improvement depicted on Exhibit B. This land area includes land being conveyed by Mn/DOT to Developer over which Mn/DOT will retain a temporary easement for Highway 212 improvements. Developer agrees to construct the parking lot improvements over this temporary easement area,within six months of the vacation of Mn/DOTs temporary easement,or May 1,2003, whichever occurs first. Prior to the building permit issuance for the Addition, Developer shall submit to the City Planner and receive the City Planner's approval of, a performance surety equal to 150%of the cost of parking lot construction for the area retained under an easement by Mn/DOT,as depicted on Exhibit B. Prior to release of the surety,Developer shall complete all parking lot improvement on the temporary easement area, and obtain City's approval thereof,by the date specified in this paragraph 11. • Prior to building pennit issuance for the building addition,Developer shall submit to the City Planner and receive the City Planner approval of, a signed lease agreement with the adjacent landowner for temporary off-site parking for 46 spaces. The term of this lease agreement shall terminate no earlier than May 1,2003. 12. PERFORMANCE STANDARDS: Developer agrees that the Property will be operated in • a manner meeting all applicable noise,vibration,dust and dirt, smoke, odor and glare laws and regulations. 13. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the Community Commercial Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD • Front Yard Parking Setback from 35 feet to 10 feet along Highway 212 and from 17.5 feet to 10 feet along Mitchell Road • Minimum Lot Size in a Community Commercial Zoning District from 5 acres to 1.53 acres IL Developer shall provide additional screening within the setback in order 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 building addition. 14. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in Exhibit B. These plans shall include details with respect to the height,type of materials,and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. 15. SIDEWALK CONSTRUCTION: Prior to issuance by City of any building permit for the building addition, Developer shall submit to the Parks and Recreational Services Director and obtain the Director's written approval of detailed plans for sidewalks and trails to be constructed on the Property. Developer shall convey access easements for such sidewalks and trails in such locations as determined by the Parks and Recreation Services Director. Sidewalks shall be constructed in the following locations: A. A five-foot wide concrete sidewalk to be located along Cochran Lane from the east property line to Mitchell Road as depicted in Exhibit B, attached hereto. Developer shall complete implementation of the approved plans in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the building addition. 16. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70,Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location,the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction, and location of any such sign, consistent with the sign plan shown on Exhibit B and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. 17. PRIVATE STORMWATER EASEMENT: Prior to issuance by the City of a building permit for a building addition,Developer shall submit proof to the City Engineer that a storm • sewer use and maintenance agreement for the off-site storm sewer has been filed against the Property with the Hennepin County Recorder's/Registrar of Titles' Office, unless the Developer provides an alternative storm sewer alignment on-site or within the City Right-of- Way, as approved by the City Engineer. 18. TRASH ENCLOSURE: Developer has submitted to the City Planner, and obtained the City Planner's written approval of a plan for the design and construction of the outside trash enclosure for the Property. This trash enclosure shall be constructed with face brick to match the building,include a roof, and heavy duty steel gates that completely screen the interior of the enclosure. Developer shall complete implementation of the trash enclosure plan prior to issuance of any occupancy permit for the Property. • 13 CITY COUNCIL AGENDA DATE: • October 3, 2000 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Final Plat Approval of Andreas II Addition Engineering Services VII 1 Randy Slick Requested Action' Move to: Adopt the resolution approving the final plat of Andreas II Addition Synopsis This proposal consists of replatting Outlot A Edenvale Industrial Park 8th Addition into one lot for construction of a 14,200 square foot warehouse/office building on 2.74 acres. The site is located north of Martin Drive and west of Corporate Way. Background Information The preliminary plat was approved by the City Council December 7, 1999. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on January 18, 2000. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$298.66 • Receipt of street lighting fee in the amount of$371.70 • The requirements as set forth in the Developer's Agreement • Prior to release of final plat, Developer shall submit a conservation easement for the protection of wetland and wetland buffer area • Variance granted from City Code 12.20 Subd. 2.4 waiving the six-month maximum time lapse between preliminary plat and final plat Attachments Resolution Drawing of final plat a . E = D o = r I =EI z : P. r 12 21 a - E i "Est 0 3 _ F- fio S IEi fX E$ 25 • �t: o Y - go L 1 - �1_• fin„ o I < 5. ma im E. 3 E .:2 4g6 «4 ▪Is " i o$ _ < < I oEE Er 1.4 1 i -11 �a of g E =88 Eg ill g o �� u A. m D E3. c - ;3 E x �� S m o c dr'�-Ti -hn B s: E 2 - rc `�= as -61 F< o: os Ero F I" 9 $ a 6� s olit! o� "aE a• �•�o v u c h !! .W Y x3 < 4 0 v.o '. S �o Y oo^ _ o E9 Jo 3 d`aE z n■ y' E o'• 0 C - a F. Eh .'.`o g < ` .IE.E9 . < ii .ng ;Ca Wo .s 1-6 i f - rc mE w $ < �i s os m Er E z 01-6 P. $9 a = E = g d r g It = i .€ a'E yassag rci i �z 'E 3eue 6 .. „ ` 8� = 0 t- - RE Ea S; u -J, L4 2 T^gt ligv g- II a segE 8 X ms II b is ^ ; O iv° o ; 1 k' 2! amss ; Ep o $ 4 x 01 E Ea Y8i -•� N r- hz b 5 E a mfi �E i 3 x� x't"o gr m E3�' _3{�tE €a €' o'x.� 6 m RI 5 'x u '•'x _ I 4 O 0, I X F— 1 a G og of_g 4i :,1 _i__I__J lad - liI 11 W i� W n.CC Ze H.10 in :• Z - ' b 4 n. a alwg. cn E> - 2 • • .69'0U 3.9r.60.Z0 N c"ci Pig I I • -i'. ' 0• 3m6 2 oil Ik. I U \ U o 41 6 8 II j 00 J / ' m $§= o ■ a 1- I v. $ .PYY99 M.9Y.602o S 6 8 X '-'11:) '-: Sit 0 1 3 1 CITY COUNCIL AGENDA DATE: October 3, 2000 SECTION: Consent Calendar SERVICE A.REA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Final Plat Approval of Buca Addition Engineering Services Randy Slick Requested Action Move to: Adopt the resolution approving the final plat of Buca Addition Synopsis This proposal, located at the Northwest Quadrant of TH 5 and Mitchell Road and is the site of Bucca Di Beppo Restaurant. The plat consists of platting 1.53 acres into one lot for the proposed building expansion and parking lot reconfiguration. Background Information The preliminary plat was approved by the City Council September 5, 2000. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on October 3,2000. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$280.00 • The requirements as set forth in the Developer's Agreement Attachments Resolution Drawing of final plat 1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF BUCA ADDITION WHEREAS, the plat of Buca Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE,BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Buca Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated October 3, 2000. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdividers of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on October 3, 2000. Jean L. Harris, Mayor ATTEST: SEAL Kathleen A. Porta, City Clerk a (iglu ' 1 1 oaa Qs 2 V� .. TI 1. as 6 •, s 3 111 �� \\ 3 \ `'��ci.1. \\ g !T I sm74 /` 1im� as ' / 8tB o �y l�"-"�\ 94 6�.5� s10 I z 1 `4.4eZ8 \ a fr• Rdat!8q 1 _m r 8• `•,i 11 E. 73-1 lizi 1 .--.----.. '2 :2_ 11 /0,5 .3 8 LlIc I g h I )13 9,5, .1 1 ri I % r to --- NCI I> r' i,gl I _ 405 I €- I aos'�e•,a s -. j! _i .i tomuld I 1 I I k f f4I , si;CII 119 ii r _ I id I -iEg; R° i I eIR I _ _ moo Sao, �� I I I T. ray o� Ia4 Q t 1 11 0 C7 co a � i I :id 1I -'11i4 I —I 1 C3 I \/ I :T1:Ild I r • ii 1 CO1 N g r 7. CITY COUNCIL AGENDA DATE: October 3,2000 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: I.C. 00-5520 ITEM NO.: Engineering Services Receive Petition and Order Feasibility Report Alan D. Gray for Cedarcrest Drive between Riley Creek Ridge and Cedar Forest First Addition in VET 1, , I T Section 20 Requested Action Move to: Adopt resolution directing the preparation of a feasibility study for public improvements to Cedarcrest Drive between Riley Creek Ridge and Cedar Forest First Addition. Synopsis The segment of Cedarcrest Drive between Riley Creek Ridge and Cedar Forest First Addition lies within Braxton Woods 2nd Addition. Background Information The preliminary plat for this subdivision, by Centex Homes, was approved in April, 2000. The development agreement calls for construction of the public improvements to Cedarcrest Drive by the City. Centex Homes and the City have signed an assessment agreement for the improvements. A feasibility study is required since one other property abuts the proposed improvements. Attachments Resolution 1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. RESOLUTION RECEIVING PEITION AND ORDERING FEASIBILITY REPORT WHEREAS, a petition has been received and it is proposed to make the following improvements: I.C. 00-5520 Public Improvements to Cedarcrest Drive between Riley Creek Ridge and Cedar Forest First Addition in Section 20. and assess the benefited property for all or a portion of the cost of the improvements, pursuant to M.S.A. 429.011 to 429.111. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: That the proposed improvements be referred to the City Engineer for study with the assistance of SEH/RCM and that a feasibility report shall be prepared and presented to the City Council with all convenient speed advising the Council in a preliminary way as to the scope, cost assessment and feasibility of the proposed improvements. ADOPTED by the Eden Prairie City Council on October 3, 2000. Jean L. Harris,Mayor ATTEST: SEAL Kathleen A.Porta, City Clerk • CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar 10/3/00 ITEM NO.: SERVICE AREA/DIVISION: ITEM DESCRIPTION: Public Safety Services/ Resolution Authorizing Execution of Grant AZELF .T, Police Div. Contract Requested Action: Move to: Adopt resolution authorizing the execution of a grant contract with the Minnesota Department of Public Safety, State Patrol Division for the program entitled Operation NightCAP. Synopsis: On September 23, 2000, officers of the Eden Prairie Police Department took part in an alcohol saturation program designed to arrest impaired drivers. This was done under the guidance and direction of the Minnesota State Patrol as part of Operation NightCAP. Operation NightCAP provides grant money to reimburse overtime costs for participating departments. In order to receive reimbursement for officer time,the grant contracts must be signed and forwarded. Background Information: Operation NightCAP is administered by the Minnesota State Patrol. Participating agencies provide officers to patrol roadways on a given night with the intent of arresting intoxicated drivers. Members of the Minnesota State Patrol also take part in the saturation patrol. On September 23, 2000, six (6) Ederi Prairie officers worked a total of 30.5 hours. During the event sixty (60) traffic stops were made wherein there were two (2) DWI arrests, one (1) driving after suspension arrest, eight(8) citations issued, and fifty-nine(59)written warnings. Attachments: • Resolution—Authorizing execution of grant contract • Exhibit A- Copy of State of Minnesota Grant Contract CITY OF EDEN PRAIRIE HENNEPIN COUNTY, IVIINNESOTA RESOLUTION NO. 2000- A RESOLUTION AUTHORIZING EXECUTION OF GRANT AGREEMENT WHEREAS, the State of Minnesota is in need of local law enforcement agencies' participation in an alcohol saturation program designed to arrest impaired drivers (Operation NightCAP); and WHEREAS, the Eden Prairie Public Safety Division is duly qualified and willing to perform the services set forth in the Operation NightCAP progam. NOW, THEREFORE, BE IT RESOLVED that the City of Eden Prairie enters into a Grant Contract with the Minnesota Department of Public Safety, State Patrol Division for the program entitled Operation NightCAP. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute and sign such Grant Contracts, and amendments thereto, as are necessary to implement the program on behalf of the City of Eden Prairie. ADOPTED this 3rd day of October, 2000. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk STATE OF MINNESOTA ORIGINAL GRANT CONTRACT Accounting Information: Agency: P07 Fiscal Year: 2001 Vendor Number: 147104000-00 Total Amount of Contract: $1600.00 Amount of Contract First FY: $1600.00 Commodity Code: Commodity Code: Commodity Code: Object Code: 5B00 Object Code: Object Code: Accounting Distribution 1: Accounting Distribution 2: Accounting Distribution 3: Fund: 300 Fund: Fund: Appr: 530 Appr: Appr: Org/Sub: 5153 Org/Sub: Org/Sub: Rept Cat: 1408 Rept Cat: Rept Cat: Amount: $1600.00 Amount: Amount: Processing Information: (some entries may not apply) Requisition: 5000-961/ I/11/0 / Order: 5000-1496/ / number/date/entry initials number/date/entry initials • (Individual signing certifies that funds have been encumbered as required by Minn. Statute 16A15 and Statute 16C.05) NOTICE TO GRANTEE: You are required by Minnesota Statutes, section 270.66 to provide your social security number or federal employee identification number and Minnesota tax identification number if you do business with the State of Minnesota. This information may be used in the enforcement of federal and state tax laws. Supplying these numbers could result in action to require you to file state tax returns and pay delinquent state tax liabilities. This grant contract will not be approved unless these numbers are provided. These numbers will be available to federal and state tax authorities and state personnel involved in approving the grant contract and the payment of state obligations. Grantee Name and Address: City of Eden Prairie, Police Department 8080 Mitchell Road Eden Prairie, MN 55344 Social Security or Federal Employer I.D. No. Minnesota Tax I.D. No. (if applicable) THIS PAGE OF THE GRANT CONTRACT CONTAINS PRIVATE INFORMATION. EXCEPT AS DEFINED ABOVE, THIS PAGE SHOULD NOT BE REPRODUCED OR DISTRIBUTED EXTERNALLY WITHOUT EXPRESS WRITTEN PERMISSION OF THE GRANTEE. If you circulate this grant contract internally, only offices that require access to the tax identification number AND all individuals/offices signing this grant contract should have access to this page. • THIS GRANT CONTRACT, and amendments and supplements thereto, is between the State of Minnesota, acting through its Department of Public Safety, State Patrol Division (hereinafter"STATE") and the City of Eden Prairie, Police Department, address 8080 Mitchell Road, Eden Prairie, MN 55344 (hereinafter"GRANTEE"), witnesseth that: WHEREAS, the STATE, pursuant to Minnesota Statute 4.075 is empowered to act as the appropriate agency responsible for the administration of the state's highway safety program and, consistent with state law, may contract and cooperate with, and act as agent for state and federal agencies, political subdivisions, and public and private organizations in order to effectuate the purposes of the National Highway Safety Act of 1966 and any amendments or regulations thereto to the end that available federal money and other benefits for such purposes may be obtained; and WHEREAS, the STATE is in need of county and local law enforcement agencies' participation in an alcohol saturation program designed to arrest impaired drivers (Operation NightCAP); and WHEREAS, GRANTEE represents that it is duly qualified and willing to perform the services set forth herein; NOW, THEREFORE, it is agreed: I. GRANTEE'S DUTIES GRANTEE shall: A. Coordinate alcohol saturation events with the STATE's district authorized representative (see Clause VI of this grant contract) during the period July 1, 2000 through September 30, 2000. Saturation events shall include, but are not limited to: 1. September Saturation on September 23, 2000, providing up to four (4) officers. ° B. Assist the STATE's district authorized representative-in identifying qualified law enforcement officers within GRANTEE's agency who have a demonstrated proficiency and interest in arresting impaired drivers, and who will be active participants in this program. All law enforcement officers participating in this program shall be licensed as provided by law. C. Provide a list of eligible law enforcement officers who may participate in this program with their overtime rate of pay, including fringe benefits, on "Personnel Roster" labeled Attachment A of this grant contract, which is hereby incorporated by reference and made a part of this grant contract. Reimbursement will be made only for hours worked above and beyond regular duty shifts. D. Review GRANTEE's Officer Activity Reports and Daily Activity Logs (samples attached) to verify work efficiency by those officers working the saturations; officers unwilling or unable to diligently pursue impaired drivers cannot be allowed to work subsequent saturation events and GRANTEE will work with the STATE's district authorized representative to replace such officers with qualified officers. E. Complete and submit all required paperwork following each saturation event including, but not limited to, Officer Activity Reports and Invoices to the STATE's district authorized representative within seven (7) working days following each saturation event. F. Coordinate and participate in public information and media efforts with the STATE's district authorized representative as a part of each saturation event. G. GRANTEE acknowledges that all law enforcement officers participating in this program are Standard Field Sobriety Testing (SFST) trained. GRANTEE must provide proof of training Minnesota Department of Public Safety,State Patrol Division-Operation NightCAP Grant Contract Page 1 a 1 for each officer not currently qualified before such officer(s)will be allowed to participate in the program. H. GRANTEE shall provide for all operating costs including, but not limited to, maintenance and repairs of squad cars used in performance of this grant contract and shall provide all necessary insurance for them. I. GRANTEE law enforcement officers, while on duty under this grant contract, are employees of the GRANTEE and not employees of the STATE or Federal government. II. CONSIDERATION AND TERMS OF PAYMENT A. Consideration for all services performed by GRANTEE pursuant to this grant contract shall be reimbursed by the STATE as follows: 1. Reimbursement shall be made to GRANTEE for officer overtime rates, including fringe benefits, incurred in providing services pursuant to Clause I of this grant contract. This reimbursement shall be at the overtime rate stated for each officer as stated on Attachment A of this grant contract, and shall not exceed the total amount of this grant contract. 2. Reimbursement will be made only for hours worked over and above regular duty shifts. 3. Reimbursement for travel and subsistence expenses actually and necessarily incurred by GRANTEE in performance of this grant contract in an amount not to exceed Zero Dollars ($0.00); provided, that GRANTEE shall be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Non-managerial Unrepresented Employees Plan" promulgated by the Commissioner of Employee Relations. GRANTEE shall not be reimbursed for travel and subsistence expense incurred outside the State of Minnesota unless it has received prior written approval for such out of state travel from the STATE. No reimbursement shall be made for salary costs incurred in traveling to and from saturation events. • The total obligation of the STATE for all reimbursements to GRANTEE for participation in this program shall not exceed Sixteen Hundred Dollars ($1600.00). B. Terms of Payment. 1. Payments shall be made by the STATE promptly after GRANTEE'S presentation of invoices for services performed and acceptance of such services by the STATE's authorized representative pursuant to Clause VI of this grant contract. Invoices shall be submitted in a form prescribed by the STATE and according to the following schedule: GRANTEE shall invoice the STATE using the invoice form (sample attached) within seven (7) working days following each saturation event. Invoices are to be submitted directly to the STATE's district authorized representative. 2. Final claim for reimbursement must be submitted no later than October 30, 2000. 3. The STATE shall reimburse GRANTEE only after costs have been incurred by GRANTEE. All invoices for reimbursement must be supported by written documentation including, but not limited to, the Officer Activity Reports (sample attached). Minnesota Department of Public Safety,State Patrol Division-Operation NightCAP Grant Contract Page 2 4. (When applicable) Payments are to be made from federal funds obtained by the STATE through the National Highway Safety Act of.1966 (Public Law 89-564) and amendments thereto. If, at any time, such funds become unavailable, this grant contract shall be terminated immediately upon written notice of such fact by the STATE to the GRANTEE. In the event of such termination, GRANTEE shall be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 5. There will be no holiday pay. III. CONDITION OF PAYMENT All services provided by GRANTEE pursuant to this grant contract shall be performed to the satisfaction of the STATE, as determined at the sole discretion of its authorized representative, and in accordance with all applicable federal, state and local laws, ordinances, rules and regulations. GRANTEE shall not receive payment for work found by the STATE to be unsatisfactory, or performed in violation of federal, state or local law, ordinance, rule or regulation. IV. TERMS OF CONTRACT This grant contract shall be effective on July 1, 2000, or upon the • date that the final required signature is obtained by the STATE, pursuant to Minn. Statute 16C.05, subd. 2, whichever occurs later, and shall remain in effect until September-30,'2000, or • =+_ until all obligations set forth in this grant contract have been satisfactorily fulfilled, whichever occurs first. V. CANCELLATION This grant contract may be canceled by the STATE or GRANTEE at any time, with or without cause, upon thirty (30) days written notice to the other party. In the event. of such a cancellation, GRANTEE shall be entitled to payment, determined on a pro rata basis, for work or services satisfactorily performed. VI. STATE'S AUTHORIZED REPRESENTATIVES The STATE's authorized representative for the purposes of administration of this grant contract is Kammy Fox, Federal Projects Coordinator, Minnesota State Patrol, telephone number 651-297-1748, or her successor in • office. Such representative shall have authority for acceptance of GRANTEE's services and, if such services are accepted as satisfactory, shall so certify on each invoice submitted pursuant to Clause II, paragraph B. The STATE's district authorized representative for the purposes of coordinating the alcohol saturation events of this grant contract is Lt. Cheri Frandrup, telephone number 763/591-4674, or their successor in office. Such representative shall be responsible for scheduling saturations and ensuring STATE supervision is present at each enforcement event, as well as identifying qualified state patrol, county and local law enforcement partners to be involved in each saturation. VII. GRANTEE'S AUTHORIZED REPRESENTATIVES The GRANTEE's authorized representative for the purposes of administration of this grant contract is Sgt. Tom Brown telephone number 612/949-6200. The GRANTEE's authorized representative shall have full authority to represent GRANTEE in its fulfillment of the term, condition and requirements of this grant contract. VIII. ASSIGNMENT GRANTEE shall neither assign nor transfer any rights or obligations under this grant contract without the prior written consent of the STATE. IX. AMENDMENTS Any amendments to this grant contract shall be in writing, and shall be executed by the same parties who executed the original grant contract, or their successors in office. Minnesota Department of Public Safety,State Patrol Division-Operation NightCAP Grant Contract Page 3 X. LIABILITY GRANTEE agrees to indemnify and save and hold the STATE, its authorized representatives and employees harmless from any and all claims or causes of action, including all attorneys' fees incurred by the STATE, arising from the performance of this grant contract by GRANTEE or GRANTEE's agents or employees. This clause shall not be construed to bar any legal remedies GRANTEE may have for the STATE's failure to fulfill its obligations pursuant to this grant contract. Xl. STATE AUDITS The books, records, documents and accounting procedures and practices of the GRANTEE relevant to this grant contract shall be subject to examination by the contracting department and the Legislative Auditor for a minimum of six years from the end date of this agreement. XII. GOVERNMENT DATA PRACTICES ACT The GRANTEE must comply with the Minnesota Government Data Practices Act, Minnesota Statute, Chapter 13, as it applies to all data provided by the STATE in accordance with this Agreement and as it applies to all data created, collected, received, stored,; used, maintained or disseminated by the GRANTEE in accordance with this Agreement. The civil remedies of Minnesota Statutes Section 13.08 apply to the release of the data referred to in this Article by either the GRANTEE or the STATE. In the event the GRANTEE receives a request to release the data referred to in this Article, the GRANTEE must immediately notify the STATE. The STATE will give the GRANTEE instructions concerning the release of the data to the requesting party before the data is released. i ifi -i�Xlll. OWNERSHIP OF MATERIALS AND INTELLECTUAL PROPERTY"RIGHTS r-k.,, A. The STATE shall own all rights, title and interest in all of the materials conceived or created ....�.,, by the GRANTEE, or its employees or subgrantees,either individually or jointly with others and which arise out of the performance of this grant contract, including any inventions,,,,,• sr.t:: c4i reports, studies, designs, drawings, specifications, notes, documents, software and documentation, computer-based training modules, electronically,magnetically or digitally • t recorded material and other work in whatever form (hereinafter"the MATERIALS"): The GRANTEE hereby assigns to the STATE all rights, title and interest to the �"1•1i MATERIALS. GRANTEE shall, upon request of the STATE, execute all papers and perform all other acts necessary to assist the STATE to obtain and register copyrights, patents or other forms of protection provided by law for the MATERIALS. The MATERIALS created under this grant contract by the GRANTEE, its employees or subcontractors, individually or jointly with others, shall be considered"works made for hire"as defined by the U.S. Copyright Act. All of the MATERIALS, whether in paper, electronic or other form, shall be remitted to the STATE by the GRANTEE, its employees and any subcontractors, shall not copy, reproduce, allow or cause to have the MATERIALS copied, reproduced or used for any purpose other than performance of the GRANTEE's obligations under this grant contract without the prior written consent of the STATE's authorized representative. Minnesota Department of Public Safety,State Patrol Division-Operation NightCAP Grant Contract Page 4 B. GRANTEE represents and warrants that MATERIALS produced or used under this grant contract do not and will not infringe upon any intellectual property rights of another, including but not limited to patents, copyrights, trade secrets, trade names and service marks and names. GRANTEE will indemnify and defend the STATE at GRANTEE's expense from any action or claim brought against the STATE to the extent that it is based on a claim that all or part of the MATERIALS infringe upon the intellectual property rights of another. GRANTEE shall be responsible for payment of any and all such claims, demand, obligations, liabilities, costs and damages including, but not limited to, reasonable attorney fees arising out of this grant contract, amendments and supplements thereto, which are attributable to such claims or actions. If such a claim or action arises, or in GRANTEE's or the STATE's opinion is likely to arise, GRANTEE shall, at the STATE's discretion, either procure for the STATE the right or license to continue using the MATERIALS at issue or replace or modify the allegedly infringing MATERIALS. This remedy shall be in addition to and shall not be exclusive to other remedies provided by law. XIV. PUBLICITY Any publicity given to the program, publications or services provided resulting from this grant contract including, but not limited to, notices, informational pamphlets, press releases, research, reports, signs and similar public notices prepared by or for the GRANTEE or its employees, individually or jointly with others or any subcontractors, shall identify the STATE as the sponsoring agency and shall not be released, unless such release is a specific part of an approved workplan included in this grant contract prior to its approval by the STATE's authorized representative. ..:r XV. AFFIRMATIVE ACTION (When applicable) GRANTEE certifies that it has received a certificate of compliance from the Commissioner of Human Rights pursuant to Minnesota Statutes, Section 363.073. It is hereby agreed between the parties that Minnesota Statutes, Section 363.073 is incorporated into this grant contract by reference. XVI. WORKERS' COMPENSATION In accordance with the provisions of Minnesota Statutes, Section 176.182, the STATE affirms that GRANTEE has provided acceptable evidence of compliance with the workers' compensation insurance coverage requirement of Minnesota Statutes, Section 176.181, subd. 2. XVII. ANTITRUST GRANTEE hereby assigns to the State of Minnesota any and all claims for overcharges as to goods and/or services provided in connection with this grant contract resulting from antitrust violations which arise under the antitrust laws of the United States and the antitrust laws of the State of Minnesota. XVIII. JURISDICTION AND VENUE This grant contract, and amendments and supplements thereto, shall be governed by the laws of the State of Minnesota. Venue for all legal proceedings arising out of this grant contract, or breach thereof, shall be in the state or federal court with competent jurisdiction in Ramsey County, Minnesota. XIX. OTHER PROVISIONS A. GRANTEE must comply with the Federal Audit Requirements as stated in Attachment B of this grant contract, which is hereby incorporated by reference and made a part of this grant contract. Minnesota Department of Public Safety,State Patrol Division-Operation NightCAP Grant Contract Page 5 IN WITNESS WHEREOF, the parties have caused this grant contract to be duly executed intending to be bound thereby. APPROVED: 1. GRANTEE: GRANTEE certifies that the appropriate person(s) have executed the grant contract on behalf of the GRANTEE as required by applicable articles, by-laws, resolutions or ordinances By: Print Name .ti Signature Title: Date: • 2. STATE AGENCY: By: (authorized signature) Title: Chief Date: Distribution: Agency- Original contract(fully executed) Grantee State Authorized Representative Minnesota Department of Public Safety,State Patrol Division-Operation NightCAP Grant Contract Page 6 612-949-6203 EDEN PRAIRIE POLICE . 988 P02 CD 12 '00 11:47 AttachMerlt A Operation NightCAP Personnel Roster_ _� . . _: .. 1-/-U • -- OT FRINGE HOURLY HOURLY BENEFIT OFFICER NAME BADGE# RATE RATE* RATE** � C , j 'S te- e ; . .30 --" 5ge-i / 63CM? 414M2_ Boy ef4/ iej/Y •II tom'- 3•qS" SS,/_8__ 7 s _.• C1 .41411 I Jra-094D, C4,,s_....... ..._ s _. .A9• ...._.•._ .z7=7E . I.3- -7. .: , A ' T 3 :4 9 3 6s.: r•-• woof); cii/ is 6 7 / • glo 951 • —XI:R- • Complete even if the same as Hourly Rate • " Fringe Benefit Rate PMA 11•j- % --•--_____.._. ._-__ Breakdown; wof4 eon P °I0 • * {. pcc-Tt4 j L1 4 1 Q I sal l r b e t..rr /o Attachment B FEDERAL AUDIT REQUIREMENTS • 1. For subrecipients who are state (includes Indian tribes) or local governments If the grantee expends total direct and indirect federal assistance of: ** Equal to or in excess of$300,000 or more per year, the grantee agrees to obtain a financial and compliance audit made in accordance with the Single Audit Act of 1984 (Public Law 98-502) and the federal Office of Management and Budget (OMB) Circular A-133. The law and circular provide that the audit shall cover the entire operations of the grantee government or, at the option of the grantee government, it may cover departments, agencies or establishments that received, expended or otherwise administered federal financial assistance during the year. Audits shall be made annually unless the State or local government has, by January 1, 1987, a constitutional or statutory requirement for less frequent audits. For those governments, the cognizant agency shall permit biennial audits, covering both years, if the government so requests. It shall also honor requests for biennial audits by governments that have an administrative policy calling for audits less frequent than annual, but only for fiscal years beginning before January 1, 1987. 2. For subrecipients who are institutions of higher education, hospitals or other nonprofit organizations If the grantee expends total direct and indirect federal assistance of$300,000 or more . per year, the grantee agrees to obtain a financial and compliance audit made in accordance with OMB Circular A-133. The audit must be an organization-wide audit, unless it is a coordinated audit in accordance with OMB CircularA-133. However, when the $300,000 or more was expended under only one program, the subrecipient may have an audit of that one program. Audits shall usually be made annually, but not less frequent than every two (2) years. 3. All audits shall be made by an independent auditor. An independent auditor is a state or local government auditor or a public accountant who meets the independence standards specified in the General Accounting Office's Standards for Audit of Governmental Organizations, Programs, Activities and Functions. 4. Audit reports shall state that the audit was performed in accordance with the provisions of OMB Circular A-133, as applicable. The reporting requirements for audit reports shall be in accordance with the American Institute of Certified'Public Accountants' (AICPA) Statement on Auditing Standards (SAS) 58, "Reports on Audited Financial Statements" or SAS 62, "Special Reports," as applicable. . _ SAFE P I :ER NI () HT - • . CAP _ OFFICER ACTIVITY REPORT . ,. . • •Lrir:',",;-':;,,:?,-.. ,:,- .:4":;:j.t:,...4;•t, ;',-1',:i.:;,-!-,..'•:".t.:*K:Zf'-:',•;-.-- IgnadEMEMES 3+::1-9.1: ..:.4r,•,, icialc9i'M :::: -.e'.:atankagilar 45Y1.-,1•- ;:; Patrol Use Only 1 :.! ?Agog/ eargal Unit: Beginning: Ending: • . ACTIVITY Total Number of Vehicles Stopped • Total Number of Arrests/Citations Issued Vibirtio` :i.'7f-i.,4,4:ii,„--% Fre‘.1 :11,.0-sgrajoi,. o ::.., ihe-P4*74,,,:. :5„el,...• .k,k,- r,l,yi..,v. ....,.4,4...:...,/..:,,,54,--uc:fif- ;,..!. Gita.,o ,;-...:.•:;:., ,r:::**:1:047,9 ,4krivtiv ei 0 - DWI Minor Consumption/Not A Drop Vehicle Forfeiture Weapons DAR/DAS/DAC Warrants • Drugs No Insurance • Open Bottle i-,41;5.1:R:0-e:f;-4:- nia,QI4tti•4•'.4V-4$'47; 14g-ilg:03:6k [[(:..::::,,::,,,', __,,,:.0.•. ,:ri;f7::';:'''.r.r#.til,.li.i."g, ,i4WP.:°.!:. j,..7 16,,trt.:Pagaik",',,:-.::-,!..;;',.,4,:;:;;,:-::, ::::-:',g°1'4';f1,-'zi;:•:,:)::4.i.:::,-i .1 ,:,,:.:-.7.'int'ZI:st:':,!...i.::•-ifZL.::.:- ..-.,..fai: .-i.in.:F.,-:2, .,:i Speed Seat Belts Child Restraints • Equipment Miscellaneous :•WitOtti1:7"Pi4Y:9RWii.fil.tgilr.b.;'77', :7—77-7-7:77:17-------..-: -7.---'"-- .7-. .-7: I D_ Operation NightCAP Invoice Invoice Date; Sat ration Date' •i September 23, 2000 Saturation r September Saturation Cityof Eden Prairie, Police Department Na `e �,, p Address, i • 8080 Mitchell Road a{Pd%,r, C yH 7 , .a+,. 1 v q4: • 12 ` �' ' Eden Prairie MN 55344 OTA ,t , ! tiTcr FED kkL F,UNDS"' .P$CRENSEx tVertlme y { . '.z.:_ ar i ,fit ,Aasappica e M ,;la • r rf ;•r �, : ,..: . Ov rti e Lobal 3 ,• I r k. 1 T K3kNIA (asapp�icab�eti i r (Attach a copy of all related Officer Activity Reports) Vendor Number: 147104000-00 Y� t .00 Order Number: 5000-1496 '13 r psi Agegncy4 ,07 F n y 3'0�0 ;Ord 1 ,::�51;531 % Asp: 530 s Re`Po C'a 4 T1408 rf +a?g^ t l 9 !Rf fl 3 _.� I SY t'1'r�': �"5'h• �t w F , t; ,APPROUAL SIGNA)URES ...a. . i3� -� -. 1?T �• County or City Authorized Rep. Date District Authorized Rep. Date Federal Projects Director Date REMIT TO: Kammy Fox Federal Projects Coordinator Minnesota State Patrol 444 Cedar Street—Suite 130 St. Paul MN 55101 Fax: 651/296-5937 :T 13 CITY COUNCIL AGENDA DATE: October 3,2000 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: Proposed reduction in ITEM NO: Parks and Recreation non.prime-time ice rental(6am-9am) on all Eden l r Robert A. Lambert,Director Prairie school days I Requested Action: Move to: Adopt the resolution amending Resolution No. 99-229, relating to proposed reduction in non-prime-time ice rental fees on school days. Synopsis: It is staff's belief that if this request is approved the ice will be booked on a more consistent • basis, allowing the City of Eden Prairie to collect additional revenue during a time period which has been traditionally very difficult to sell. Attachments: Resolution Request from Kam Skating Dynamics Response to Kam Skating Dynamics • CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2000- A RESOLUTION AMENDING RESOLUTION NO.99-229,REGULATING FEES AND CHARGES FOR BUSINESS LICENSES,PERMITS AND MUNICIPAL SERVICES BE IT RESOLVED, that changes to Section 4.1A COMMUNITY CENTER RENTAL FEE SCHEDULE, Ice Arena be added to read as follows: Non-prime Time, 6:00 a.m. to 9:00 a.m., September 1 to May 31st $60.00* *To obtain this rate the user group must: 1. Purchase the ice for the complete three-hour block of 6:00 a.m. to 9:00 a.m. 2. Request any required ice resurfacing at the time of the rental agreement. This ice resurfacing time will be part of the required three-hour time block, if the rental group does not require a resurface during their three-hour time block,maintenance will then resurface at 9:00 a.m. 3. Request for ice rental time must be submitted to the ice coordinator by the 15th of the preceding month. Schedules will then be posted by the 20th of the current month for the following ice schedule. ADOPTED, by the City Council of the City of Eden Prairie on this 3rd day of October, 2000. Jean L Harris,Mayor ATTEST: Kathleen A. Porta, City Clerk a IBC CI nommommi imposemm iiimen lnilliiiiIMNIMIL at 1/Cf - r i SKATING DYNAMICS 6041 W 94th Street Bloomington MN 55438 1 1! bire,14-e' �,0k6 SEPT. 26, 2000 TO THE CITY OF EDEN PRAIRIE, THERE IS A COUNCIL MEETING ON OCTOBER 3RD TO DETERMINE WHETHER OR NOT THE A.M. ICE WE WOULD LIKE TO RENT IS APPROVED. IF THIS IS APPROVED WE WOULD LIKE TO REQUEST THAT THE PRICE GO INTO EFFECT THE NEXT DAY. WE WERE TOLD THIS PROCESS COULD TAKE A COUPLE OF MONTHS AND WE APPRECIATE THE FACT THAT IT ONLY MAY TAKE ONE MONTH. WE ENJOY DOING BUSINESS AT YOUR ARENA AND LOOK FORWARD TO SUPPORTING YOUR COMMUNITY. YOUR ARENA IS THE NICEST IN THE METRO AREA. SINCERELY, JODI & BARRY KARN C'C ... Aod d 5 • Eden Prairie Community Center • (s_.) 16700 Valley View Road Eden Prairie, MN 55346 AF r r c (952) 949-8470 September 29,2000 Dear Jodi and Barry, This letter is in response to your letter dated September 26, 2000,to the City of Eden Prairie. It is staff's recommendation to the City Council that the City consider revising the fee resolution to allow the City of Eden Prairie to sell non prime ice during the hours of 6:00am to 9:00am from September 1st through May 31st(Monday through Friday) on all Eden Prairie school days. We are recommending that the current rate of$106.50 be changed to the proposed reduced rate of$63.90/hr. for any user group that will commit to the following: The user group must: 1. Purchase the ice for the complete three-hour time block of 6:00a.m.- 9:00a.m. 2. Request any required ice resurfacing at the time of the rental agreement. 'This ice resurfacing time will be part of the required three-hour time block. If the rental group does not require a resurface during their three- hour time block,maintenance will then resurface at 9:00a.m. 3. Request for ice rental time must be submitted to the ice coordinator by the 15th of the preceding month. Schedules will then be posted by the 20th of the current month for the following months ice schedule. It is staff's belief that if this request is approved the ice will be booked on a more consistent basis, allowing the City of Eden Prairie to collect additional revenue during a time period which has been traditionally very difficult to sell. In the event that staff's recommendation would be approved at the October 3'h Council meeting,it would be staffs recommendation to have this amendment to the fee resolution take effect November 1,2000 to allow City Staff sufficient time to formally communicate this change to the Eden Prairie High School,the Eden Prairie Hockey Association,the Eden Prairie Figure Skating Club and any other known potential users of the ice arenas. The Community Center staff is reasonably confident that ice time on L Tuesdays and Thursdays would be available for rental for your skate school. We appreciate the number of students your school has brought to the Community Center over the past seven years. Staff is also confident that if approved the new rates could be formally presented and contracts finalized by November 1,2000. The Community Center staff would also like to thank you for acknowledging the City's arena as one of the nicest in the metro area. We continually strive to provide the best facility to our Eden Prairie residents and all user groups within the metro area. Sincerely, \-\\(•4,1-\\ S-Th Lyndell Frey Eden Prairie Community Center Manager • • • • • • • 4.1A COIVI1V1UNITY CENTER RENTAL FEE SCHEDULE • Facility Facility Information Group I Group II Group III • Public Agencies Eden Prairie Non-Resident Individuals Non-Profit&Civic Residents& &Businesses Organizations Businesses ' . Ice Arena Rink#1-Standard Size Rink $135/hr prime time $135/hr prime time $135/hr prime time Rink#2-Olympic Size Rink (Jan 1-June 9) (Jan 1-June 9) (Jan 1-June 31) Prime Time:2-11 pm,Monday Friday, $135/hr prime time $135/hr prime time $135/hr prime time weekends,holiday&non-school days (Sept 1-Dec 31) (Sept 1-Dec 31) (Sept 1-Dec 31) . • • Non-prime Time:before 2 pm and after $100/lu'non-prime time $100/hr non-prime time $100/hr non-prime time 11 pm,Monday Friday . • Summer Rates:effective June.9- $115/hr(prime time $115/hr(prime time $115/hr(prime time • August 31.2000 summer rate) summer rate) summer rate) Summer Non-prime Time:llpm-6 am . $100/hr(non-prime time $100/hr(non-prime $100/hr(non-prime (with applicable tax) summer rate) time summer rate) time summer rate) _ Meeting Room A No Charge $15/hour $20/hour ' Rooms Room B • No Charge $15/hour $20/hour Room C • No Charge $20/hour $25/hour ' . Upper Lobby No charge $5/hour $10/hour Racquetball Free with membership $5/hour/person $5/hour/person $5/hour/person Wallyball (resident) Courts • ' $15/hour/court $15/hour/court $15/hour/court . • • • ' . (wallyball) (wallyball) . (wallyball) Swimming Prime Time:8 am-5 pm,Monday-Saturday $55/hr $55/hr , , $55/hr Pool and noon-5 pm on Sundays (Jan 1-Dec 31) (Jan 1-Dec 31) (Jan 1-Dec 31) • Capacity: . • 268 . Non-Prime Time:5-9 pm,Monday-Sunday $45.00/hr non-prime time, $45.00/hr non-prime $45.00/hr non-prime (Jan 1-Dec 31) time time ' (Jan 1-'Dec 31) (Jan 1-Dec 31) • Discount Rate:9-11 pm,Monday-Sunday 40.00/hr discount rate $40.00/hr discount rate $40.00/hr discount rate ' (Jan 1-Dec 31) (Jan-Dec 31) (Jan 1-Dec.31) . SPECIAL ICE RATES: School District-272 ice rate for physical education classes=$50.00/hour(50%of non prime time ice rate) School District 272 hockey games=prime time rate. Personnel required to run the games supplied by others-City • keeps the gate minus ice time and personnel costs. . Individual open skate fees: , User Classification Members Non Members Adults(ages 19&up) •Free $3.00 • Youth(ages 5 to 18) Free• • $2.50 . Tot(ages 4&under) ' 'Free $1.50 • Family Free. $6.00 . Senior Free. $1.50 ' • • LDEGUARDS: Lifeguards must be added as follows at the rate of$10/hour: _ ' . one to 50 swimmers-second lifeguard required • . 51-100 swimmers-third lifeguard required 100 or greater-additional lifeguards will be determined by management depending on group size and ,. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 3, 2000 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management Services City Clerk/Elections Resolution Appointing Election Judges , L Requested Action: Adopt Resolution appointing election judges and student judges for the general election, November 7,2000. Synopsis: These judges are in addition to the ones approved at the August 15, 2000, City Council meeting. State Statute 204B.21, Subd.2 requires appointment of election judges by the City Council at least 25 days before the election. Attachments: Resolution I CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2000- • WHEREAS,Minnesota Election Law 204B.21 requires that persons serving as election judges be appointed by the Council at least 25 days before the election. BE IT RESOLVED by the City Council of the City of Eden Prairie that the following persons have agreed to serve as election judges, student judges, or alternate judges and are appointed for the General Election to be held November 7,2000. BE IT FURTHER RESOLVED that the City Clerk is with this, authorized to make any substitutions or additions as deemed necessary. Gordon Boehne Myron Peterson Jennifer Chy Michael Magnuson Barbara Braun Susan L.Pratt Scott Clarke • Sarah Moberg Dorothy A. Caba Elizabeth Rheaume Meeghan Coash Kaylee Moorhead Kathleen A.Copeland Patti Schell Beth Dennis Jennifer Orrock Jane Eide Lisa R. Smith Baker Nate Don Andrea Pintar Dorothy Fifield Laurel Trimbo Kelly Duoos Kristine Reveille Mildred Gamer Mary Westrem Heather Dylla Alison Roeglin John Hansen Jane Wittich Emily Fisher Mary Schultz John Hansen Anton Zweber Aaron Granat Stephanie Silvers Marcy Harris Jennfier Hammes Stacey Smith Ruth Harris Student Judges Chris Hanline Christine Soran Norman Harris Krista Aas Taylor Heyen Stephanie Stacionis Loma Hendrick Rachael Amparan Amanda Hildebrant Greg Swaim Rosemarie Hilk Bonnie Arendt Alexander Hooke Berit Swanberg William H.Hoy Brian Astry Hilary Johnson Amber Swiggum Jean Kelly Katie Balfanz Annie Karsh Laura Taketa Timothy Koschinska Rachel Blixt Katherine Konrad John Thiede Ruth Lawless Nicole Bodner Amanda LaMar Ashley Thorfmnson Elizabeth Maunu Jenna Bowlds Jenna Larson James Yonamine George H.Pearson Alex Bulochnik Ben Larson John Peters Alex Carlstedt Kathleen Luther ADOPTED by the Eden Prairie City Council on this 3rd day of October 2000. ATTEST: Kathleen Porta, City Clerk Jean L.Harris,Mayor 3 CITY COUNCIL AGENDA DATE: October 3,2000 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Engineering Services Sale of Excess TH 212 Right-of-Way Requested Action Move to: Adopt resolution authorizing the Mayor and City Manager to execute such documents, including a quit claim deed, as are necessary to convey excess property to 7711 Mitchell Road Partners,Inc. (BUCA). Synopsis The BUCA Addition recently approved by Council is based on the reconveyance of excess TH 212 right-of-way by the City to BUCA. This resolution will allow the formal completion of that process. The City will purchase the land from MnDOT and sell it to BUCA for the purchase price plus deed tax. Background Information MnDOT has been negotiating with BUCA regarding the loss of parking due to the TH 212 project. In order to keep the company viable at its present location, a solution to sell the property to the City of Eden Prairie and then transfer ownership to BUCA at an identical price was developed. Attachments Resolution I CTTY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. WHEREAS, THE State of Minnesota, through the Commissioner of Transportation, has deeded to the City of Eden Prairie for the sum of$64,040.70 all of its interest in and to the real estate in Hennepin County,Minnesota, described as follows(thereinafter the"Property"): That part of Tracts A,B and C described below: Tract A. Lot 2, Block 2,Edenvale Recreation Center Addition, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; Tract B. Lot 1, Block 2,Edenvale Recreation Center Addition, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; except that part embraced within that part of the Southwest Quarter of the Southwest Quarter of Section 10, Township 116, North, Range 22 West, described as beginning at a point on the south line of said Southwest Quarter of the Southwest Quarter, distant 18 feet west of the southeast corner of Block 1, Edenvale Industrial Park, thence on an assumed bearing of North 86 degrees 40 minutes 14 seconds West along the south line of said Southwest Quarter of the Southwest Quarter a distance of 198 feet; thence North 02 degrees 56 minutes 26 seconds East, a distance of 220 feet; thence South 86 degrees 40 minutes 14 seconds East, a distance of 198 feet; thence South 02 degrees 56 minutes 26 seconds West, a distance of 220 feet to the point of beginning; Tract C. That part of Outlot B, Edenvale Recreation Center 2nd Addition, shown as Parcel 73B on Minnesota Department of Transportation Right of Way Plat Numbered 27-91 as the same is on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; the title to a portion of said Parcel 73B being registered as evidenced by Certificate of Title No. 705938; Which lies westerly, southerly and easterly of Line 1 described below: Line 1. Commencing at Right of Way Boundary Corner B31 as shown on said Plat No. 27-91; thence westerly on an azimuth of 270 degrees 03 minutes 36 seconds along the boundary of said plat for 361.78 feet to the point of beginning of Line 1 to be described; thence on an azimuth of 180 degrees 03 minutes 11 seconds for 62.00 feet;thence on an azimuth of 270 degrees 00 minutes 00 seconds for 143.64 feet;thence on an azimuth of 00 degrees 00 minutes 00 seconds for 17.02 feet;thence on an azimuth of 270 degrees aC 00 minutes 00 seconds for 208.49 feet;thence on an azimuth of 00 degrees 03 minutes 11 seconds for 47.68 feet to Right of Way Boundary Corner B29 as shown on said Plat No. 27-91 and there terminating. Subject to certain restrictions stated therein, all pursuant to Minn.Stat. § 161.44, Sub. 1; WHEREAS, the City is authorized pursuant to Minn. Stat. § 469.185 to convey any lands it owns in fee simple and not restricted by grant to encourage and promote industry and provide employment for citizens; and WHEREAS, the City is further empowered by law to sell property that is no longer needed by the municipality for governmental purposes; and WHEREAS, the Property abuts property owned by 7711 Mitchell Road Partners, Inc., a Minnesota corporation ("BUCA") and the conveyance of said property to it will encourage and promote its continued operation in the City and provide for continued employment of citizens; and WHEREAS,the Property is not needed by the City for governmental purposes; and WHEREAS,BUCA has agreed to pay to the City the sum of$64,260.00 for said Property; NOW, THEREFORE,BE IT RESOLVED by the City Council, City of Eden Prairie, that: That the Mayor and City Manager are hereby authorized to execute such documents, including a quit claim deed, as are necessary to convey the Property to 7711 Mitchell Road Partners, Inc. ADOPTED by the Eden Prairie City Council on October 3,2000. Jean L.Harris,Mayor ATTEST: SEAL Kathleen A. Porta, City Clerk 3 CITY COUNCIL AGENDA DATE: October 3, SECTION: Consent 2000 SERVICE AREA: ITEM DESCRIPTION: ITEM NO. Community Development Resolution for the Phase II Application to the &Financial Services: Metro Council Livable Communities Don Uram Demonstration Account. N David Lindahl Requested Action: Move to: Adopt Resolution authorizing the Phase II application for the Livable Communities Demonstration Account(LCDA) Program. Synopsis: The 2000 LCDA process is being done in two phases.As you may recall,the City submitted a grant application in May 2000 as part of the phase I process and was approved last month to submit another application for phase II. Southwest Metro has asked the City to apply for a$2,650,000 LCDA grant on their behalf as part of phase II. The funds would be used to help pay for a parking deck and other pedestrian related improvements. The application is due September 22, 2000. Southwest Metro staff and consultants will prepare and process the grant application,but it must be signed or sponsored by the City. There is a total of$6,000,000 in grant funds available, and another$1,500,000 available from the supplemental transit fund. Attachments: Resolution 1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 20- A RESOLUTION AUTHORIZING APPLICATION FOR THE LIVABLE COMMUNITIES DEMONSTRATION PROGRAM WHEREAS,the City of Eden Prairie is a participant in the Livable Communities Act's Housing Incentives Program for 2000 as determined by the Metropolitan Council, and is therefore eligible to make application for funds under the Livable Communities Demonstration Account; and WHEREAS,the City has identified a proposed project within the City that meets the Demonstration Account's purpose(s) and criteria; and WHEREAS,the City has the institutional,managerial and financial capability to ensure adequate project administration; and WHEREAS,the City certifies that it will comply with all applicable laws and regulations as stated in the contract agreements; and WHEREAS,the City Council of Eden Prairie,Minnesota agrees to act as legal sponsor for the project contained in the demonstration Account application submitted on September 22, 2000. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to apply to the Metropolitan Council for this funding on behalf of the City of Eden Prairie and to execute such agreements as are necessary to implement the project on behalf of the applicant. ADOPTED,by the City Council on October 3, 2000. Jean Harris,Mayor ATTEST: Kathleen A. Porta, City Clerk CITY COUNCIL AGENDA DATE: October 3,2000 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: LC. 00-5514 ITEM NO.: Public Works Services Limited Use Permit for Bryant Lake Trail ,, +I Eugene A.Dietz O Requested Action Move to: Adopt resolution requesting a Limited Use Permit to allow construction of the Bryant Lake Trail within TH 212 right-of-way. Synopsis The capital improvements project budget includes installation of an eight-foot bituminous trail that would connect Valley View Road trail system to Rowland Road along the westerly side of Bryant Lake Drive. This trail will allow pedestrian and bicycle access to the Bryant Lake Regional Park. . The trail will necessarily be constructed upon MnDOT right-of-way and a Limited Use Permit is required for such installations. Background Information One of the priority trail projects in the community is the.construction of a trailway to the Bryant Lake Regional Park. The Parks and Recreation Department secured a grant for approximately 30% of the cost of this project (estimated at approximately $160,000). Plans have been prepared for construction of the project, a portion of which will be constructed within MnDOT right-of-way. A necessary step in moving forward with the project is to secure a Limited Use Permit from MnDOT for the project. The attached motion requests MnDOT to grant a Limited Use Permit and recognizes that maintenance and ownership responsibility for the completed trail will be by the City of Eden Prairie. At some point in the future,the Limited Use Permit will be forwarded to City Council for approval and authorization for execution by the Mayor and City Manager. It is anticipated that the Limited Use Permit will be in the form of an agreement that will outline both maintenance and liabilities for the project. Staff recommends approval of the resolution to allow a much-needed pedestrian and bicycle facility to proceed. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. TH 212 LIMITED USE PERMIT BRYANT LAKE TRAIL WHEREAS,the City of Eden Prairie has an adopted hikeway/bikeway, trail and sidewalk plan for the community; WHEREAS,Bryant Lake Park is a premier recreational facility for the City of Eden Prairie, but has no pedestrian or bicycle link to the community; WHEREAS,the City of Eden Prairie has designated the trail segment between Valley View Road and Rowland Road along Bryant Lake Drive and Shady Oak Road to connect Bryant Lake Park as a system priority; WHEREAS, the trail segment ranked high enough in regional significance to secure a Grant for approximately 30% of the construction cost; WHEREAS, part of the trail will need to be constructed within right-of-way owned by the Minnesota Department of Transportation(MnDOT); and WHEREAS, MnDOT has a specific process —limited use permits and construction permits — for construction of facilities within their right-of-way. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council that: 1. MnDOT is hereby requested to grant a limited use permit to allow construction of a trail along Bryant Lake Drive between Valley View Road and Rowland Road. 2. MnDOT is hereby requested to grant a construction permit for the project. 3. Staff is authorized and directed to prepare the necessary documents to secure the permits. 4. The City of Eden Prairie will assume maintenance and ownership responsibilities for the completed trail segment within MnDOT right-of-way. ADOPTED by the Eden Prairie City Council on October 3, 2000. Jean L. Harris, Mayor ATTEST: SEAL Kathleen A.Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 3,2000 SERVICE AREAJDIVISION: ITEM DESCRIPTION: ITEM NO: Administration Proclamation Setting October 29, 2000, as Make a v' I l Chris Enger, City Manager Difference Day To Requested Action No action requested. Synopsis See attached proclamation. 1 0 0 fPQOCLvf9LTlOI7 ( City of Eden Prairie WHEAREAS serious social problems concern our nation and threaten its future; and WHEREAS, connecting with others and working together through volunteer service can bridge the differences that separate people and help solve serious social problems; and WHEREAS,we,the American people,have a tradition of philanthropy and volunteerism; and WHEREAS,millions of self-sacrificing individuals touched and enhanced the lives of millions on the nine annual day of doing good by giving where there was a need, rebuilding what had been torn down,teaching where there was a desire to learn and inspiring those who had lost hope; and WHEREAS,USA Weekend magazine and its affiliate newspapers and the Points of Light Foundation and its affiliate volunteer centers have joined to promote an annual day of doing good that celebrates and strengthens the spirit of volunteer service; and WHEREAS,volunteer service is an investment in the future we all must share; Now,therefore, October 29,2000, is proclaimed as Make a Difference Day in Eden Prairie, Minnesota, and citizens are urged to observe this day by connecting with friends, fellow employees and relatives with religious, school and civic groups to engage in projects benefiting their community. Signed this 3rd day of October, 2000. Jean L.Harris,Mayor City of Eden Prairie 0 0 CITY COUNCIL AGENDA DATE: October 3,2000 SECTION: Public Hearing SERVICE AREA/DIVISION: ITEM DESCRIPTION: LC. 96-5406 ITEM NO.: Engineering Services Special Assessment Hearing for the Highview Jim Richardson Drive/Lakeland Terrace Neighborhood Y• A • Requested Action Move to: • Close the public hearing; and • Adopt the resolution approving Special Assessments for street improvements in the Highview Drive/Lakeland Terrace Neighborhood(I.C. 96-5406). Synopsis This hearing will be to assess the street and storm sewer costs and to gauge the potential objections in advance of awarding the construction contract for the project (later in agenda). The amounts to be assessed are in accordance with the feasibility study. Background Information Based on the needs identified in the project area, a fast-track design and construction process was put into motion earlier this year. The goal is to provide sanitary sewer and water to the neighborhood prior to the end of the construction season. This hearing will allow Council to gauge the extent of possible objections to the amount of special assessments prior to award of the construction contract. Although extensive objections are not anticipated, this process reduces the risk associated with assessment appeals. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA 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 October 3,2000. • Jean L.Harris, Mayor ATTEST: SEAL Kathleen A.Porta, City Clerk FAGROUPSIENGINEERISSMCOUNCIL 200O.96-5408 Special Assessment Hearing 11-07-OO.doc EXHIBIT A 1. I.C. 96-5406 Street improvements in the Highview Drive/Lakeland Terrace Project Cost: $ 165,217.65 Neighborhood Net Assessment: $ 165,217.65 Streets $ 9,718.51 Access Charge $2,160.00 20 Years at 8.5% 1 Parcel PID# Property Owner 2001 Deferred 2006 $Amount $Amount $Amount 30-116-22-22-0011 Jack&Sherre Walstad 9,718.51 10,401.49 1 30-116-22-22-0010 Robert&Jean Adomaitis 9,718.51 10,401.49 30-116-22-22-0009 Perry Forster 9,718.51 10,401.49 30-116-22-22-0008 Paul&Julie Bridges 9,718.51 10,401.49 30-116-22-22-0014 Robert S. Dusterhoft 9,718.51 10,401.49 30-116-22-22-0015 James&Cynthia Holton 9,718.51 10,401.49 30-116-22-22-0021 Arthur&Loretta Peterson 9,718.51 10,401.49 30-116-22-22-0020 Arlynn&Gwendolyn Leapaldt 9,718.51 10,401.49 30-116-22-22-0030 Kelly&Juanita Mulligan 9,718.51 10,401.49 30-116-22-22-0016 William C. Jellison 9,718.51 10,401.49 30-116-22-22-0019 Thomas&Olivia Borden 9,718.51 10,401.49 30-116-22-22-0017 Gary&Deborah Dusterhoft 9,718.51 10,401.49 30-116-22-22-0018 Phillip&Debbie Gjervold 9,718.51 10,401.49 30-116-22-23-0002 Mark&Susan Kammer 9,718.51 10,401.49 30-116-22-23-0003 Thomas Knauer 9,718.51 10,401.49 30-116-22-22-0005 George Adzick 2,160.00 (1) 16,900.00 30-116-22-22-0006 Fraser&Kathleen Bigelow 2,160.00 (1) 16,900.00 30-116-22-22-0029 Gregory&Beth Halverson 2,160.00 (1,2)16,900.00 30-116-22-22-0002 Gregory&Beth Halverson 2,160.00 (1) 16,900.00 30-116-22-22-0032 Charles&Alice Title 2,160.00 (1) 16,900.00 30-116-22-22-0003 Donald C. Sarles 2,160.00 (1) 16,900.00 30-116-22-22-0004 David&Anne Floren7ano 2,160.00 (1) 16,900.00 30-116-22-21-0004 Guy Schoenecker 2,160.00 (1) 16,900.00 ! 30-116-22-22-0028 Guy Schoenecker 2,160.00 (1, 2)16,900.00 1. Estimated assessment — final assessment to be determined based on actual construction costs 2. Assessment not eligible for five-year exclusion 3 CITY COUNCIL AGENDA DATE: 10/03/00 SECTION: Public Hearing SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R. Uram Lariat Center III Michael D. Franzen Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for PUD Concept Amendment on 4 acres; and • Approve 1st Reading of the Ordinance for PUD District Review with waivers and Zoning Amendment within the C-Reg-Ser Zoning District on 4 acres; and • Adopt the Resolution for Preliminary Plat on 4 acres into 2 lots; and • Direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations (and Council conditions). • Direct Staff to issue a to a land alteration permit and footings and foundation permit to Lariat Companies to proceed with construction at their own risk Synopsis This is a 14,271 sq. ft., two-story building with office, retail, and restaurant uses. A waiver for a zero lot line setback to the existing structure and parking is requested. The site is located at 8335 Crystal View Road. The Community Planning Board voted 7-0 to recommend approval of the project to the City Council at the August 28, 2000,meeting. Background Information: The Community Planning Board voted 7-0 to approve the Lariat III plan (project 2000-01) for a 14,271 square foot retail building at the February 14, 2000 meeting. The City Council gave first reading of the project at the March 21, 2000 City Council meeting. The available information provided at the time of review indicated the presence of a wetland on the property. The plan approved by the City Council indicated that the wetland would be preserved. After City Council approval, Lariat Companies presented new information suggesting that the wetland on the site is exempt from the City regulations. Lariat Companies withdrew application 2000-01 and submitted a new application (2000-27) for PUD, zoning,plat, and site plan approval. On June 19, 2000, a Technical Evaluation Panel (TEP), including City, Riley-Purgatory-Bluff Creek Watershed District, Hennepin County and Board of Water & Soil Resources staff, met on site to evaluate the wetland. At that time, the TEP concluded that the wetland would be exempt from the Wetland Conservation Act (WCA) due to the previous actions to fill the wetland. The subsequent re-establishment of wetland conditions was determined to be "solely by actions, the purpose of which was not to create or reestablish the wetland". The wetland thus falls under WCA Exemption#5. The Watershed District has signed the TEP Findings of Fact and will be granting this Exemption, according to Mr. Rick Lestina with the Watershed District. The staff concurs with the recommendation from the Technical Evaluation Panel. The wetland can be filled according to City regulations. Any development of this area should meet a 35-foot setback to building and parking. Berming and landscaping is required along both frontages. This waiver request for a zero lot line setback is to the existing structure and parking. The Developer also submitted an acceptable TDM plan attached with the packet. Attachments 1. Resolution for PUD Concept Amendment 2. Resolution for Preliminary Plat 3. Staff Report dated August 25, 2000 4. Community Planning Board Minutes dated August 28, 2000 5. Letters from Lariat Companies,Peterson Environmental,US Army Corp, TEP Panel, Stahl Construction 6. Travel Demand Management Plan LARIAT CENTER III CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF LARIAT CENTER III FOR LARIAT COMPANIES,INC. 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 Lariat Center III PUD Concept by Lariat Companies, Inc., 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 October 3rd, 2000. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Lariat Center III,being in Hennepin County,Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans dated September 12, 2000. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated August 28, 2000. ADOPTED by the City Council of the City of Eden Prairie this 3rd day of October, 2000. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk 3 Exhibit A Lariat Center III Legal Description: Lot 1,Block 1,Preserve Commercial Park North 2nd Addition LARIAT CENTER III CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF LARIAT CENTER III FOR LARIAT COMPANIES,INC. BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of the Lariat Center III for Lariat Companies, Inc., dated September 12, 2000 and consisting of 4 acres into 2 lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 3rd day of October, 2000. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk 5 STAFF REPORT TO: Community Planning Board FROM: Michael D.Franzen DATE: August 25,2000 SUBJECT: Lariat Center III APPLICANT/ OWNER: Lariat Companies, Inc. LOCATION: 8335 Crystal View Road REQUEST: 1. Planned Unit Development Concept Amendment on 4 acres 2. Planned Unit Development District Review with waivers on 4 acres 3. Zoning District Amendment in the C-Reg-Ser District on 4 acres 4. Site Plan Review on 4 acres 5. Preliminary Plat on 4 acres into 2 lots 6 •aa,,I •T 1 f _Y j i s 19) (5) �' t l.T 5i� •,� g 1 n 'mac• $��Q1aL:ALS,5?4TCP 2. ..: / _ _ L.,al ..17a(ait St 1r { 1 , E THE PRIZSAYII j.•a 3 , tao, a.:: ' ' a o p � � y ' 1 2Nu J "" •c39,w4 i ,+ CONDO a+ t 84.0033.133131t4 ' a ' •.• I 1111 1381 -A. ' = / rr �i� :3Td( ! - ' e ii o PARX 1 •.J JAMsus 13T). ,tii ••sa pi. ESE?' • a u (36) • .'r� 7 11.41 4% a 47 2 :CO . 14... •rigi. ' 40 **I f 44.4) - ... {' ' cast • • % 4. • ... 211 , 4C�' • ��4•.. I 4.. . 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Staff Report—Lariat Center August 25,2000 BACKGROUND The Community Planning Board voted 7-0 to approve the Lariat III plan for a 14,271 square foot retail building at the February 14, 2000 meeting. The City Council gave first reading of the project at the March 21, 2000 City Council meeting. The available information provided at the time of review indicated the presence of a wetland on the property. The plan approved by the Community Planning Board and City Council indicated that the wetland would be preserved. After City Council approval, Lariat Companies presented new information suggesting that the wetland on the site is exempt from the City regulations. Lariatt Companies withdrew application 2000-01 and submitted a new application (2000-27) for PUD, zoning, plat, and site plan approval Wetland History Wetland 14-31-A is currently a low quality Type 3 shallow fresh marsh. Historically the wetland was part of a fringe area of a larger wetland complex that has since been filled and developed. In approximately 1977 to 1984 the historical wetland was filled with 39 to 55 inches of non-hydric fill and was rendered essentially non-wetland. Since that time, part of the underlying non-hydric soils at the edge of the historical wetland were graded, or scalped, during subsequent development. The current wetland is formed within the historical hydric, Hamel soils, and within the graded areas of the non-hydric Erin soils. Wetland soils have since started to reestablish within the current wetland basin along with hydric vegetation, such as cattails. On June 19, 2000, a Technical Evaluation Panel (TEP), including City, Riley-Purgatory-Bluff Creek Watershed District, Hennepin County and Board of Water & Soil Resources staff, met on site to evaluate the wetland. At that time, the TEP concluded that the wetland would be exempt from the Wetland Conservation Act (WCA) due to the previous actions to fill the wetland. The subsequent re-establishment of wetland conditions was determined to be "solely by actions, the purpose of which was not to create or reestablish the wetland". The wetland thus falls under WCA Exemption #5. The Watershed District has signed the TEP Findings of Fact and will be granting this Exemption, according to Mr. Rick Lestina with the Watershed District. The staff concurs with the recommendation from the Technical Evaluation Panel. The wetland can be filled according to City regulations. Any development of this area should meet a 35-foot setback to building and parking. Berming and landscaping is required along both frontages. t0 Staff Report—Lariat Center August 25,2000 PRESERVE COMMERCIAL PARK PUD The project is part of the 1973 Preserve Commercial Park North (Area G) PUD approval and the 1990 PUD Amendment for the existing restaurant (now Chevy's). The original PUD included development of the restaurants, offices, and retail shops currently in this area. The PUD amendment granted approval of waivers to allow for joint access, parking and lot subdivision similar to those requested with this plan. The Comprehensive Guide Plan shows this site guided as Regional Commercial and zoned C- Reg-Ser. Surrounding land uses consist of various commercial/office uses with apaitiiients on southwest side of Prairie Center Drive. SITE PLAN The plan shows a two-story, 14,271 square foot commercial/office building. First Floor Second Floor • 2,096 sq. ft. restaurant • 7,024 sq. ft. office • 842 sq. ft. retail • 4,309 sq. ft. office The site meets Code with a base area ratio at .11 and floor area ratio at .22. The amount of parking shown and required by Code is 90 spaces. The setbacks for the proposed building and parking meet City Code. A waiver for a zero lot line setback to the existing structure and parking is requested. PRELIMINARY PLAT The preliminary plat is four acres subdivided into two lots. Lot 1 is 1.46, and Lot 2 is 2.54. Both lots meet City code for lot size. A cross access easement is shown with the adjacent property as was approved as part of the original PUD concept. GRADING AND DRAINAGE There are no significant trees on site. A NURP pond is proposed for the southeast corner of the site. Staff Report—Lariat Center August 25,2000 UTILITIES Sanitary sewer and water will serve the site from both Prairie Center Drive and Commonwealth Drive. LANDSCAPING The amount of landscaping required is 45 caliper inches. The plan shows 79 caliper inches. SIDEWALKS A 5' wide concrete sidewalk will be constructed along Commonwealth Drive. ARCHITECTURE The building is 29 feet tall and meets the 75% face brick and glass requirement. The parapet wall will screen the rooftop mechanical equipment. An exterior trash enclosure is proposed in the northeast corner of the site. Parking lot lighting will consist of 20-foot high downcast cutoff shoebox fixtures due to the adjacent residential land use. TRAFFIC Lariat Companies submitted an acceptable Traffic Demand Management Plan. The Major Center roadways have adequate capacity to handle this additional trip generation. STAFF RECOMMENDATION Staff recommends approval of the following: • Planned Unit Development Concept Amendment on 4 acres • Planned Unit Development District Review with waivers on 4 acres • Zoning District Amendment in the C-Reg-Ser District on 4 acres • Site Plan Review on 4 acres • Preliminary Plat on 4 acres into 2 lots This is subject to the recommendations of this Staff Report, and the following: 1. Prior to City Council review,proponent shall: Staff Report—Lariat Center August 25,2000 A. Provide exterior elevations and materials information for the trash enclosure. 2. Prior to Final Plat approval, the proponent shall submit detailed storm water runoff, utility and erosion control plans for review by the City Engineer and Watershed District. 3. Prior to grading permit issuance, the proponent shall install erosion control and tree protection fencing at the grading limits of the property for review and approval by the City Engineer and City Forester. 4. Prior to Building permit issuance,the proponent shall: A. Meet with the Fire Marshal to go over fire code requirements. B. Submit samples of exterior building materials for review. C. Submit a landscaping and tree replacement bond for review. D. Submit a traffic demand management bond for review. 5. The following waivers from the City code are granted as part of the Planned Unit Development District review in the C-Reg-Ser Zoning District: • 1 ! ! COMMUNITY PLANNING MINUTES AUGUST 28,2000 PAGE 6 MOTION by Stoelting, second by Brooks to continue the hearing for revisions to the concept plan so there is a reduction in the number of units and restricting it to. no development outside the MUSA. Franzen said it must be continued to a date certain. The motion was amended to reflect September 25th as a date certain. Koenig asked whether this meant removing one lot. Nelson said she was concerned about the locations of homes and grading; there may be some areas that are acceptable outside the MUSA line but less than what is proposed. She said she does not agree to having a 100% grading in the MUSA line. Motion carried, 7-0. B. LARIAT CENTER III by Lariat Companies, Inc. Request for Planned Unit Development Concept Amendment on 4 acres, Planned Unit Development District Review with waivers on 4 acres, Zoning District Amendment within the C-Reg-Ser Zoning District o 4 acres, Site Plan Review on 4 acres, and Preliminary Plat on 4 acres into 2 lots. Location: 8335 Crystal View Road. Mark Westra, attorney, said he was retained to deal with some issues that arose after the approval of the project. It was determined that this is not wetland; it is an incidental wetland and therefore exempt from wetland requirements. The revised engineering plan shows fill, trees, and landscaping in lieu of wetlands. He said Chad Lomen with Wells/Bishop could address the original plan. Mike Franzen said the plan was approved with the wetland. The Board voted 7-0 to approve the Lariat II plan for a 14,271 square foot retail building at the February 14, 2000 meeting. The Council gave first reading of the project at the March 21, 2000 meeting. The available information provided at the time of the review indicated the presence of a wetland on the property. The plan approved by the Community Planning Board and City Council indicated that the wetland would be preserved. After City Council approval,Lariat Companies presented new information suggesting that the wetland on the site is exempt from the City regulations. On June 19, 2000 a Technical Evaluation Panel met to evaluate the wetland and concluded it would be exempt from the Wetland Conservation Act due to the previous actions to fill it. The wetland thus falls under WCA Exemption#5. The Watershed District has signed the TEP findings of Fact and will be granting this Exemption, according to Mr. Rick Lestina with the Watershed District. COMMUNITY PLANNING MINUTES AUGUST 28,2000 PAGE 7 Staff concurs with the recommendation from the Technical Evaluation Panel. The wetland can be filled according to City regulations.Any development of the area should meet a 35-foot setback to building and parking. Berming and landscaping is required along both frontages. Stoelting asked about planned use. The developer said currently there is not a planned use; it could become a parking lot. MOTION by Clinton, second by Stoelting to close the public hearing. Motion carried 7-0. MOTION by Clinton, second by Koenig to recommend to the council approval of the Lariat Center III project according to the staff report. Motion carried 7-0. V. ADJOURNMENT: MOTION by Stoelting, second by Koenig to adjourn. Motion carried 7-0. The meeting adjourned at 8:15 p.m. 13 I-LL b3 d0 11=Di t-K t I N LNUINEEKINU b/d HA, dbdl IU 3b.71bbb1:15b —d.i2 1-'_l?2/0d WETLAND CONSERVATION ACT TECHNICAL EVALUATION PANEL - FINDINGS OF FACT • Date: July 20,2QQ() LGU: Riley-Purgatrnv Bluf Creek Watershed District County: ]Ierttrepin LOU Contact Rick Project Name/1k Lariat Cos.—Crystal View Rd Site Phone#(: 952-832-2724 Location of Project: 116N 21W 14 NE of SW F,,detPrairie ff nr epan.. Township, Range, Section. Orr.Section, Lot/Block, City, County fhb'Members(and others)who reviewed project (Cheek if vieaee l projcct sitc) (X)SWCD: Dave Thill (X)BWSli: DougSnYder (X ) LGU:_Rick T tina (Barr Engineering fotRPBCWD) Other Wetland Experts present Kim.Steffen MRCS), Leslie Slovring (City of Eden Prairie). Dr. Jaynes Arndt and • Ronald Peterson(Peterson Envt'l Consul(ine.Inc.frnr applicant) TEP requested by:Ronald Petetson_on behalf of Lariat Convanies.Inc • 1. Type of TEP determination requested(check thaw that apply): Delineation check X Exemption Determination(WCA Exemption# 5 )(see attached explanatory memorandum) No-Loss Determination - Replacement Plan 2. Description of Wetland with proposed impact a.Wetland Type(Circular 39) 3 (Cowardin) PEMC b.Size of Proposed Impact(tenths of acre) 3. Have sequencing requirements been addressed?_yes no X not applicable 4. Is the project consistent with the intent of the comprehensive local water plan and/or the watershed district plan, the metropolitan surface water management plan and metropolitan groundwater management plan and • local comprehensive plan and zoning ordinance? Yes(X) No( ) S. The project will affect the following wetland functions: Not Applicable Eunctions act 194b1220 Improvg Floodwater Storage _ Nutrient Assimilation ' Sediment Entrapment Groundwater Recharge Low Flow Augmentation Aesthetics/Recreation Shoreland Anchoring Wildlife Habitat Fisheries Habitat Rare Plant/Animal Habitat • Commercial Uses 6.. For replacement plan or no-loss determinations'are wetland functions maintained at an equal or greater level? Yes( ) No( ) Not Applicable(X) 7. Does Technical Evaluation Panel recommend approval of the activity proposed in item 1.? Yes(X) No( ) If no,why? 8.SIGNATURES(if TEP decision is note consensus,note with an asterisk and expla k of this pag /03 0 SWCD Representative (D6tc) BWSR Rcpresentntive (Daft) (Dam) a:tepfof.new(April,1997) ly ** TOTAL PAGE.02 ** • ��.T Op.") `° DEPARTMENT OF THE ARMY qq.i�yl� �j L� FL. 7:i{: jj. L 5 _\!- ST.PAUL DISTRICT,CORPS OF ENGINEERS tliSV►V ARMY CORPS OF ENGINEERS CENTRE E ti ET EAST STO AUI�'MNT5�5 -1638• f) MAR 2 2 1999 1` REPLY TO March 18, 1999 ATTENTION OF . Construction-Operations Regulatory (99-03079-TJF) Mr. Mike DeRuyter Peterson Environmental Consulting, Inc. 1355 Mendota Heights Road, Suite 100 Mendota Heights, Minnesota 55120-1112 Dear Mr. DeRuyter: We have'.reviewed the information you provided regarding the jurisdictional status of a "wet" area located on a site at• the intersection of Prairie Center Drive and Crystal View Road in Eden Prairie. The project site is in the NE 1/4 SW 1/4 Sec. 14, • T. 116N. , R. 21W. , Hennepin County, Minnesota. Your information appears to 'support the claim that the area of wetland that now exists at the site is a recently evolved setting created by incomplete grading and storm water runoff from . the adjacent Rio Bravo site. A provision within the Corps of Engineers rules states that certain waters are not always considered as jurisdictional waters of the United States. Such areas could include water filled depressions created in dry land incidental to construction activities. The area on the Lariat Companies site would appear • ' to be such a setting. Therefore, we have determined that the "wetland" area shown on Figure 3e (attached) is not within the jurisdiction of the Corps. No permit under Section 404 of the Clean Water Act is required to discharge dredged or fill material into this area. • If you have any questions, contact Timothy J. Fell in our St. Paul office at (65.1) 290-5360. In any correspondence or inquiries, please refer to the Regulatory number shown above. Sincerely, Julett De ton • C ief, Minnesota Permits Section Enclosed Figure 3e Printed on s el Recycled Paper -a.. MIS 3 i. -7 T MEMORANDUM PETERSON ENVIRONMENTAL CONSULTING, INC. TO: Rick Lestina—Barr Engineering Doug Snyder—BWSR Dave Thill—HCD Leslie Stovring—City of Eden Prairie Joe Yanta—Corps of Engineers FROM: Ron Peterson DATE: July 20,2000 SUBJECT: Catchment Discussion • Lariat Companies Crystal View Road Property Eden Prairie,Minnesota PEC Project No,2000-039 COPIES TO: Kelly Adams—Lariat Companies Mark Westra—Fabyanske,Westra&Hart At the TEP meeting held on June 19, 2000, there was considerable discussion about the human activity that created the subject wetland and the most likely source of hydrology. This memo is intended to provide the TEP with additional documentation on these issues. We believe that the subject wetland is entirely surface water fed and that sufficient surface catchment area exists to explain the observed hydrology. We base this first on Mike Timpson's finding unsaturated soils below the fill in which surficial hydrology exists. Second, even when there is water standing in the wetland, we have not observed water backing up into the adjoining storm sewer system or Chevy's parking lot, both of which are roughly the same elevations as the surface elevation of the wetland. Given the amount of impervious surface in the area, we expect that the water table would be depressed as compared to its natural, pre-development elevation. The only potential source of groundwater inflows we can picture would be the granular fill around the storm sewer that goes under the wetland. Depending on the depth and grade of the pipe, the surrounding granular material could "pipe" groundwater from topographically higher 16 Lariat Companies Crystal View Drive Property July 7,2000 Page 2 { PEC Project No.2000-039 • areas to the wetland. However,we see no visible evidence that this is actually happening (e.g. iron gels in pondwater or other obvious evidence of groundwater discharge). If it were, we would expect to see manifestations of piping outside the wetland as well. In particular, we would expect to see pavement damage and signs of frequent inundation in the Chevy's parking lot. We believe that all evidence strongly suggests that the compaction of fine-textured fill material in the area of the subject wetland is trapping surface drainage from the surrounding upland portion of the Lariat property and possibly some runoff that overtops the curb on Crystal View Drive during large storms. Based on the original delineation report prepared by Re/Spec, the delineated wetland is 10,258 square foot (0.235 acre) in size and the overall undeveloped portion of the Lariat Property is 72,102 square feet(1.66 acres). Our review of the site indicates that the undeveloped portion of the Lariat property is entirely surrounded by berms and road embankments with no surface outlets. The precise catchment of the subject wetland is not known. However, we have reviewed the approximate drainage area estimated by the TEP(copy attached) and find that it totals about 34,488 square feet. This equates to a catchment to wetland area ratio of about 3.14 to 1. In this part of the United States, approximately 8 to 12 acres of catchment are needed to impound one acre-foot of water (see attached map from Hamilton and Jepson (1940))1. In other words, an 8 to 12 acre catchment is sufficient to place 1 foot of standing water in a one-acre depression. Given that the subject wetland has heavily compacted soils and, on average, only a few inches of water stands in most of it, we believe that a catchment to wetland area ratio of 3.14 to 1 is sufficient to explain the wetland hydrology being observed. We recognize that the water is up to about one foot deep at the east end of the wetland where it its elevation is lowest. However, we also believe that the curb on Crystal -View Drive overtops during large storms and, in turn, would periodically overflow into the east end of the wetland. Accordingly, we believe that wetland hydrology has been artificially created in the subject wetland by the grading and development of the Lariat property and the surrounding area. These human activities have directed surface drainage into a compacted surface depression left behind by grading activity. We believe that sufficient catchment exists to explain the observed wetland hydrology and that periodic overflows of street runoff during large storms may further explain those observations. 1 Hamilton, C. L. and H. G. Jepson. 1940.Stock-Water Developments; Wells, Springs and Ponds. U. S. • Dept.Agr.Farmers'Bull. 1859 (in Elementary Soil and Water Engineering,2nd Ed.,Schwab, G. O.,K.K. Barnes,R.K.Frevert and T.E.Edminster. John Wiley&Sons, 1971) • RUU 03 2000 11:2d t-El JP 1' 6NU 1 NFhf'1 NU bl� 135� �bF�l I U )b5161�b0369 P.02/03 Supplemental Findings:Lariat Companies,Inc.Crystal View Road Property • Eden Prairie,Minnesota July 20,2000 The undersigned TEP members concur on the following facts and conclusions regarding the property owned by Lariat Companies, Inc. located on Crystal View Drive in Eden Prairie,Minnesota. (1) The TEP held a site review on June 19, 2000 and reviewed a report prepared by Peterson Environmental Consulting, Inc. (PEC) Supplemental Soils and Aerial Photo Investigation of Incidental Wetland (dated June 2, 2000) and a memorandum prepared by PEC entitled Catchment Discussion (dated July 7, 2000. The TEP had also previously reviewed the Wetland Delineation Report for the site prepared by Re/Spec Inc. dated July 26, 1996 and a Wetland Conservation Act Exemption Request prepared by PEC and dated February 24, 1999. (2) An agricultural drainageway historically existed on the subject property and that this drainageway consisted of hydric Hamel soils. It is unknown whether these soils were representative of jurisdictional wetland hydrology but, if so, they would be consistent with a saturated hydrologic regime. (3) Based on the PEC reports and the TEP field reviews, the TEP has concluded that • any wetland that might have historically existed within the Hamel soils on the subject property was filled with 39 to 55 inches on non hydric fill and was rendered non-wetland between 1977 and 1984. (4) Based on the supplemental report and the TEP's field observations on June 19, 2000, we find that wetland hydrology has been artificially created by the grading and development of the Lariat property and the surrounding area. The human activities that created existing wetland hydrology are site grading and soil compaction. (5) A portion of the existing wetland exists within non-hydric Erin soils that were "scalped" during site grading. The remainder of the wetland exists within the upper 8 to 12 inches of compacted,non-hydric fill that overlies Hamel soils_ The soils in which wetland hydrology has become established were compacted by heavy machinery, forming a relatively impermeable "pan" which traps surface water on a seasonal basis. Based on the supplemental report and our field observations, we concur that; (a) the wetland is epiaquic, (b) that wetland hydrology lies entirely within the fill and (c) the buried Hamel soils remain unsaturated. (6) Based on the delineation report, the delineated wetland is 10,258 square foot (0.235 acre) in size and the remaining undeveloped portion of the Lariat Property is 72,102 square feet(1.66 acres). The undeveloped portion of the Lariat property • is entirely surrounded by berms and road embankments with no surface outlets. AUG 03 2000 11:22 FR BARR ENGINEERING 612 832 2601 TO 96516860369 P.03/03 Based on topography supplied by the applicant, the TB? mapped the portion of the parcel believed drain to the subject wetland. While the precise catchment of the subject wetland is not known, sufficient catchment appears to exist to support the observed seasonal inundation. (7) Based on these findings, the TEp agrees that the subject wetland meets the definition of an incidental wetland. The wetland was inadvertently established by • human activity in a non-wetland area that consisted of a combination of upland fill and scalpe pland soil. na, BCWD David Thill,HCD Doug Snyder,BWSR 8 /3 /try • • c� xat TOTAL PAGE.03 ** STAHL Stahl Construction Company•5900 Rowland Road•Minnetonka,Minnesota 55343•612-931-9300•fax 6I2-931-994I construction management September 14, 2000 design/build preconstruction services Mr. Mike Franzen City of Eden Prairie general 8080 Mitchell Road contracting Eden Prairie, MN 55344 Re: The Lariat Center III Dear Mr. Franzen: This letter is to request an early approval for a Footings and Foundations Permit and a Grading Permit for the proposed Lariat Center III Project at the corner of Commonwealth and Prairie Center Drive. I understand that the City Council will be reviewing the project on October 3, 2000 and I would like to move the permitting issues forward as soon as possible. Please feel free to call me if you have any questions. I look forward to hearing from you. Sin erely, ST HL CO CTION COMPANY r, Ta a L. Krejce Pr• -ct Enginee c: Allyn McFarlin Phillip Baum ao The Difference Is Measured In Performance PLANNING DEPT. FEB 2 5.2000 • CITY OF EDEN PRAIRIE LARIAT CENTER III COMMONWEALTH DRIVE PROPOSED TRANSPORTATION DEMAND MANAGEMENT PLAN January 6 , 2000 I. OBJECTIVE OF SPO TAT ON DEMAND AGEMENT PROGRAM The purpose and objective of the Transportation Demand Management (TDM) Program for the Lariat Office Center is to . assist in the reduction of traffic congestion during the peak travel hours as much as possible. The TDM Plan for the Lariat Office Center identifies actions to be taken by the property manager and tenants, in conjunction with support from Metro Commuter Services . It includes strategies to manage travel demand and minimize peak period site-generated traffic. The goal of the Transportation Demand Management Plan is to achieve a ratio of ,10% of the Lariat, Office Center tenants' employees utilizing a transportation method other than a single occupancy vehicle within two years of occupancy of the building. II . INTRODUCTION Project Description • Lariat Office Center, Inc. is proposing to construct the Lariat Center III, a 14, 271 square foot two-story mixed use building located at Commonwealth Drive, bounded on the north by Commonwealth Drive on the west by Prairie Center Drive and on the. south by Crystal View Road. The proposed building has 87 parking spaces for the two story building to accommodate approximately 20 to 30 employees . Car/Van pool and taxi cab drop-off/pick up will be accommodated by two designated spaces in the first row of parking spaces closest to the building. ' Transit Access The Southwest Station at 13500 Technology Dive is just down the street. Employees of the Lariat Office Center have an opportunity to access transit off Prairie Center Drive (in front of the Flagship Athletic Club) and Commonwealth Drive (in front of Rio Bravo) . Express service stops also include mid-day runs in front of The Flagship Athletic Club and Rio Bravo just minutes from Lariat Office Center. During the day, employees can call Dial-A-Ride for access to either of these two stations for connections to other services. Southwest Metro Transit provides the most feasible service within its available resources, continually evaluating its service, maintaining flexibility and closeness. Of significance is that service is provided westbound from 5: 00 a.m. to 9:20 p.m. and eastbound from 5 :42 a.m. - 7 :45 p.m. The routes operated by Southwest Metro Transit connect the Cities of Chanhassen, Chaska and Eden Prairie to each other, to Southdale and downtown Minneapolis . Regular weekday peak hour express service is provided by Route 681 between downtown Minneapolis and Southwest Station. Route 681 peak hour express service has stops. at 5: 00 a.m. , 5: 39 a.m. , 6: 30 a.m. , 7: 03 a.m. , 8 : 03 a.m. and continue into the evening at 4 :20 p.m. , 4 : 38 p.m. , 4 : 45 p.m. 6: 13 p.m. and 7 : 45 p.m. Local hourly service throughout the day is provided from the Southwest Station, as well as dial-a-ride service. In addition, service at 60 to 90 minute intervals is available at the Southwest Station Route 590 to the Mall of America. Airport service from the Southwest Station to the Minneapolis - St. Paul Airport is also available by Route 590 at 9:35 a.m. , 11 : 15 a.m. 1 : 00 p.m. , 2 : 40 p.m. 4 : 35 p.m. and 6:30 p.m. by reservation. III . TRANSPORTATION DEMAND MANAGEMENT PROGRAM The purpose of this section is to provide a description of the Lariat Center III TDM Plan and the Lariat programs to support their tenants' employees in the use of alternative methods of transportation other than a single occupancy vehicle. Proposed Actions of the Developer, Property Owner and 'Property Manager: A. Designate an Employee Transportation Coordinator: 1 . The Property Manager for the Lariat Office Building will be acting as the Employee Transportation Coordinator. 2 . The Property Manager will maintain and monitor TDM activities and will serve as a liaison to the 1-494 Corridor Commission, Metro Commuter Services and a local Travel Management Organization (TMO) , if established. • B. Carpool/Vanpool: 1 . Designate two preferential parking spaces initially for car and van pools, which is approximately 2% of • the parking spaces . Designate one preferential van pool space. These spaces will be located in the front row: Allocation of additional car/van pool spaces will be based on the growth in demand and added when needed. 2 . Evaluate the use of car/van pool spaces after one year and adjust the number of spaces accordingly. 3 . The Property Manager will _ monitor the use of the designated carpool/vanpool spaces and assure proper utilization. 4 . Southwest Metro Transit can assist businesses with arranging van pools to locations that are not currently served by existing routes . A minimum of six people from the proximate business neighborhood is needed to start a van pool. 5 . Promote ridesharing by: a. Distributing rideshare matching applications and information for carpools/vanpools . b. Distributing information on the Guaranteed Ride Home (GRH) program sponsored by Metro Cummuter Services . 6. Promote car pools through the use of incentives . ' C. Promote Transit Promote transit by providing materials to educate tenants' employees on the location of and schedule for transit service available at the Southwest Station, other connecting transit service, and the location of transit stops closest to their homes. This includes information on transit routes, schedules, park-and- ride lots, dial-a-ride, and various transit passes. / al D. Participation in a Transportation Management Organization and Coordination 1 . The Property Manager will participate in a Transportation Management Organization (TMO) for the southwest metro area, if established. 2 . The Property Manager will participate in meetings in coordination with the City of Eden Prairie, Southwest ' Metro Transit, the I-494 Cooridor Commission, Mn/DOT, Metropolitan Council, and other large office and commercial property owners in the area to discuss alternatives to improve and expand transit service and , utilize existing transit service. A key option to consider at • these coordination meetings would be a transit circulator service among the Southwest Station and commercial and office buildings during the morning and evening peak periods as well as during the lunch hour. E. Communications and Education: The Property Manager will: 1 . Make available to each of the tenants the information on the Metropass, TransitWorks and T- Bill programs, transit financial incentive programs for employers and employees, as supplied by MCS . 2 . Set up and maintain a display of commuter information at the entrance of the building. This information, which will be supplied by Southwest Metro Transit and Metro Commuter Services, will include transit schedules, rideshare applications, bike information, Guaranteed Ride Home program, etc. To maintain an awareness of alternative modes of transportation, information can be distributed through e-mail, flyers, posters in frequented locations, etc. 3 . Distribute to all tenants rideshare information • and applications supplied by Metro Commuter Services. Ridematching assistance is provided by Metro Commuter Services, the metropolitan area clearing house for ridematching. Tenants' employees return the rideshare applications to Metro Commuter Services for rideshare matching. 4 . Promote alternative modes of transportation during a designated month each year. This could include a week-long display or distribution o-f educational materials concerning alternative modes of transportation. 5. Provide information and application forms on the Guaranteed Ride Home (GRH) Program to all Lariat Center III tenants upon occupancy for their employees. The GRH program is sponsored by Metro Commuter Services and is available to all employees who ride the -bus, car pool,, vanpool, bike or walk to work at least three days per week. Eligible employees who complete a GRH registration form receive two coupons good for up to 12 months for a bus or taxi cab ride home on a regular work day in the event of an emergency or a schedule conflict. Registration is renewable each year with new coupons issued at that time. 6.. Develop and distribute a Lariat newsletter for tenants to include rideshare matching services, the GRH program, commuter news, information on discounted bus pass programs such as Transit Works and Metropass and special commuter option events . 7 . For commuters to make better travel choices, make tenants aware of how to access : a. the real-time traveler information program, sidewalk.com, on the internet, and b. the new Mn/DOT SmarTraveler, The Twin Cities new transportation information network. • F. Flex-Time and Telecommuting 1 . Work with tenants to consider offering flex-time schedules for employees, where practical. 2 . Work with tenants to consider the practice of telecommuting, where practical. � a� G. Intelligent Transportation System (ITS) Technologies: 1 _ The developer will investigate the feasibility of providing real-time traffic information to its tenants at the proposed project for employees to make better travel choices. 2 . MN/DOT already collects real-time information at its Traffic Management Center and this information is available on the Internet at no extra charge. The program, called sidewalk.com, gives up to the minute travel conditions on the regional roadway system. A commuter can focus on specific areas to determine the length of the, ramp queues and congestion on a particular route. 3 . This information can be used to determine when to. leave the office. Rather than waiting on ramp meters, a commuter could accomplish additional work in the office and then leave when congestion on the system is less . 4 . In addition, MN/DOT has been working on SmarTraveler, the Traveler Information Center (TIC) created as part of the Orion project which. will be run by Smart Route Systems, a national provider of travel information services. This service began in December 1998 . The TIC provides real-time traffic information available through the Traffic Management Center, MN/DOT' s current source of traveler information. H. Metro Commuter Services Support 1 . Conduct a commuter survey of tenants' employees to better understand their commuting habits and needs. 2 . MCS would take the lead in rideshare matching for the formation of car pools by employees . The Property Manager will coordinate with MCS for timely rideshare matching. 3 . Provide information to the Property Manager on the Metropass program, the T-Bill Program, the GRH program, the rideshare matching program, discounted bus pass program, etc. 4 . Provide new hire information packets to the Property Manager concerning transportation choices for distribution to tenants . I. Proposed Tenant Actions Lariat will support their tenants in implementing the following programs, but they are the responsibility of the tenants. 1 . Provide new employees with rideshare and transit information. 2 . Solicit management support for policies that support alternative commuting programs. 3 . Investigate and consider staggered work hours or • flextime for employees. 4 . Investigate and consider telecommuting for employees. IV_ EVALUATION PROGRAM A. Survey Employees 1. The Property Manager will work with Metro Commuter Services to conduct a survey of the Lariat Center III Building employees' . commuting habits and needs after 80 0' lease up. a. The Commuter Survey will be developed by MCS in coordination with the Property Manager. b. The Property Manager will promote the implementation of the survey, and a timely response by building employees . c. The Property Manager will coordinate the distribution and collection of the survey and return completed surveys to MCS for tabulation. • d. A report will be issued documenting the findings of the commuter survey one month after survey is completed. e. The Property Manager will use the findings as a base line to compare the effectiveness of the TDM Plan. B. Evaluate the Effectiveness of the TDM Plan 1 . Conduct a follow-up survey two years after the first survey to determine if commuting habits have changed. 2. Appropriately modify the TDM Plan to focus on the most effective measures . . , LARIAT CENTER III Proposed Travel Demand Management Plan Budget One Time TDM Plan Item Estimated Cost Only Cost 2000 2001 Transportation Assume 7% FTE per year @ $67,000/yr. Start Up Coordinator (including benefits) $5,000 $4,700 $4,700 Designated CarNan 2 Spaces @ $1,000/space is the Pool Parking construction cost value excluding land cost $2,000 Promote Transit Marketing materials, postage, copying etc. @ $500/year $500 $500 Car Pool Incentives Encourage people to car pool $250 $250 Develop/distribute Costs associated with developing newsletter Newsletter $500 $500 Guaranteed Ride Home Provide guaranteed ride home incentives $500 $500 Utility (Phone) Costs associated with phone usage $50 $50 Total $7,000 $6,500 $6,500 Total Budget for TDM $20,000 • • 30 CITY COUNCIL AGENDA DATE: 10/03/00 SECTION: Public Hearings SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R.Uram Prairie Village at Dell Road g , ( Krista R. Flemming Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 23.05 acres; and --- • Adopt the Resolution for Planned Unit Development Concept Review on 23.05 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review and Zoning District Change from Rural to the RM- 6.5 Zoning District on 23.05 acres; and _T • Adopt the Resolution for Preliminary Plat on 23.05 acres into 59 lots, 4 outlots and City Right of Way; 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 alteration permit to Rottlund Homes to proceed with grading at their own risk. Synopsis This project is for 50 single level townhomes, 76 three story townhomes, 4 outlots, and City Right of Way located south of Pioneer Trail at Dell Road. The project was continued by the City Council at the September 5 meeting with the direction to revise the plan to reduce the density, increase the open space areas, and eliminate future development on Outlot D. Residents within 500 feet of the property were notified of the continued hearing. Background The proponent has made the following changes in the site plan. • The gross site density has been reduced from 6.5 to 5.46 units per acre. • Twenty units have been removed from the gable townhouse side of the project. • Outlot D is proposed solely for stormwater ponding. • A .60 acre green space area is preserved adjacent to Pioneer Trail west of Dell Road. A cluster of existing trees, mostly scotch pines, and brush are proposed to be preserved within this area. Additional trees will also be planted along Dell Road and Pioneer Trail. Stuart Fox, City Forester, inspected the tree mass and believes it will sustain sufficient growth to provide adequate screening as long as no trees are removed. 1 City Council Meeting—October 3,2000 Prairie Village at Dell Road Page 2 • Units have been taken off the ends of the buildings to create additional green space along Dell Road and between the buildings in the project. • The project meets the required 30-foot setback from Hackberry Court. The setback waiver to 25 feet has been withdrawn. The site requires a guide plan change from Low Density Residential to Medium Density Residential. Reasons to consider the Guide Plan change to medium density residential include the following: 1. The project helps meet housing goals by providing single-story, senior/empty-nester housing and townhomes for single professionals and couples with no children. 2. This project provides a west to east density transition to low density residential. The location of the stormwater ponding provides a transition to future low density residential development to the east. The open space behind the twinhomes provides a natural buffer to land to the east guided for low density development. 3. The gross project density is 5.46 units per acre. 4. The project has diverse unit types, architectural styles, and densities consistent with the Southwest Growth Strategy. 5. The existing road and traffic signal at Dell Road and Pioneer Trail can accommodate the additional traffic. 6. The size, mass, height and footprint of the proposed gables are similar to the townhomes of Eden Orchard. A 12-unit gable townhome foot print is the same size as a 10-unit Eden Orchard townhome. The Eden Orchard townhomes were approved with the option to build a third story. The Developer is requesting an early land alteration permit. Staff supports the request, but will not issue a permit until a drainage and utility easement agreement is acquired for offsite storm sewer drainage. Attachments 1. Resolution for Guide Plan Change 2. Resolution for PUD Concept Review 3. Resolution for Preliminary Plat 4. Letter Requesting Early Land Alteration Permit PRAIRIE VILLAGE AT DELL ROAD CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2000- A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan("Plan"); and WHEREAS, the Plan has been submitted to the Metropolitan Council for review and comment; and WHEREAS, the proposal of Prairie Village at Dell Road by Rottlund Homes for 126 units consisting of two, four, eight, ten, and twelve unit structures. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby adopts the amendment of the Plan subject to Metropolitan Council approval as follows: Rural to RM-6.5 on 23.05 acres located south of Pioneer Trail at Dell Road. ADOPTED by the City Council of the City of Eden Prairie this 3rd day of October 2000. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk PRAIRIE VILLAGE AT DELL ROAD CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF PRAIRIE VILLAGE AT DELL ROAD FOR ROTTLUND HOMES BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of the Prairie Village at Dell Road for Rottlund Homes dated September 25, 2000 and consisting of 23.05 acres into 59 lots,4 outlots, and City right-of-way, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 3rd day of October, 2000. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk L4 PRAIRIE VILLAGE AT DELL ROAD CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF PRAIRIE VILLAGE AT DELL ROAD FOR ROTTLUND HOMES WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD) Concept of certain areas located within the City; and WHEREAS,the Community Planning Board did conduct a public hearing on Prairie Village at Dell Road PUD Concept by Rottlund Homes 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 October 3, 2000. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Prairie Village at Dell Road,being in Hennepin County,Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans dated September 25, 2000. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated August 14, 2000. ADOPTED by the City Council of the City of Eden Prairie this 3rd day of October, 2000. Jean L. Harris,Mayor ATTEST: Kathleen A.Porta, City Clerk Exhibit A Prairie Village at Dell Road Legal Description: That part of the West'A of the Southwest 1/4 of Section 20,Township 116 North Range 22,West of the Fifth Principal Meridian, described as follows: Commencing at the Southwest corner of said West 'A; thence on an assumed bearing of North 0 degrees, 57 minutes,40 seconds East along the West line of said Westl/2, a distance of 695.81 feet; thence Northeasterly along a curve concave to the Northwest, said curve having a radius of 3997.38 feet, a central angle of 0 degrees, 45 minutes, 22 seconds, a chord bearing of North 56 degrees, 21 minutes, 16 seconds East, an arc distance of 52.75 feet; thence North 55 degrees, 58 minutes, 35 seconds East a distance of 427.98 feet to the actual point of beginning of the tract of land to be described; thence South 20 degrees 51 minutes 25 seconds East a distance of 458.11 feet; thence Southerly parallel with the East line of said West %2 of a distance of 537.82 feet more or less to the South line of said West'/2; thence Easterly along said South line a distance of 422.39 feet more or less to the West line of the East 333.89 feet, as measured at right angles with the East line of said West%2; thence Northerly along said West line a distance of 538.85 feet; thence North 90 degrees 00 minutes 00 seconds West a distance of 358.18 feet; thence North 20 degrees 51 minutes 25 seconds West a distance of 495 feet;thence South 55 degrees 58 minutes 35 seconds West a distance of 61.67 feet more or less to the actual point of beginning. Together with a nonexclusive roadway easement created in Document No. 3802593. Together with: That part of the Southwest 1/4 of Section 20, Township 116, Range 22 described as follows: Commencing at the Southwest corner of said Southwest 1/4;thence North along the West line thereof to the centerline of County Road No. 1; thence Northeasterly along said centerline a distance of 480.73 feet; thence South 20 degrees 51 minutes 25 seconds East a distance of the 458.11 feet; thence South parallel with the East line of the West %2 of the said Southwest 1/4 to the South line • thereof; thence West to the point of beginning,EXCEPT the West 22 feet thereof. Together with: That part of the North 506 feet of the Northwest'/4 of the Northwest'/4 of Section 29,Township 116, Range 22 lying East of the West 400 feet thereof and West of the East 350 feet thereof. Together with: • Outlot B, OAKPARKE ESTATES, according to the recorded plat thereof, Hennepin County, Minnesota. Hennepin County,Minnesota Abstract Property CITY COUNCIL AGENDA DATE: 10-03-00 SECTION: Public Hearing SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Finance Development Donald R. Uram Tax Rate Increase Resolution . P, Requested Action Move to: Adopt resolution authorizing a tax rate increase for the 2000 tax levy, collectible in 2001. Synopsis A provision in the 1999 Omnibus Tax Bill requires that cities hold a public hearing and adopt a resolution before a "levy certification rate" increase may be allowed. This public hearing is in addition to and earlier than the Truth in Taxation scheduled for December 4. Background Information: If the governing body of a city intends to impose a "levy certification tax rate" for all purposes other than general obligation bonds at a rate higher than the rate certified by the county auditor,the governing body of the city must first hold a public hearing on the tax rate increase, adopt a resolution approving the tax rate increase, and file a copy of the resolution with the county auditor on or before October 20, 2000. For Eden Prairie,the county auditor has certified the "2000 levy certification tax rate" at 23.44% and the "2001 levy certification tax rate" at 25.01%. These figures were calculated by dividing the 2000 and the 2001 certified tax levies less the 2001 fiscal disparities levy by the 2001 taxable net capacity. The "2001 levy certification tax rate" went up because of the proposed levy increase of$1,335,346. Attachments Levy Certification Tax Rate Calculation 1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2000- A RESOLUTION AUTHORIZING A TAX RATE INCREASE FOR THE 2000 TAX LEVY, COLLECTIBLE IN 2001 BE IT RESOLVED,by the City Council of the City of Eden Prairie, County of Hennepin,that the County Auditor is authorized to fix a property tax rate for taxes payable in the year 2001 that is higher than the tax rate calculated pursuant to Minnesota Statutes § 275.078 for the City for taxes levied in 1999, collectible in 2000. Adoption of this resolution does not prohibit the City from certifying a final levy that will result in no tax rate increase or a tax rate decrease. The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Hennepin County,Minnesota. ADOPTED, by the City Council of the City of Eden Prairie, on this 3rd day of October, 2000. Jean Harris,Mayor ATTEST: Kathleen Porta, City Clerk K:\Administration\Agenda Preparation\City Council Agenda Packet Items\2000\10-03-00\Finance\Resolution-Tax Rate increase.doc OCT-02-2000 14:34 l-FJ+t CO PROPERTY TAX 3489716 P.02i02 September 29,2000 City Clerk and/or Finance Director City of Eden Prairie To Whom It May Concern, • The levy certified by the City of Eden Prairie (herein called the"DISTRICT"),for taxes payable in 2000, less the amounts,known to our office,levied to pay general obligation bonds,is$21,047,708.00. • • The DISTRICT'S area-wide portion of the levy under Minnesota Statutes, section 276A.06, subdivision 3, or. section 473E08,subdivision 3,for taxes payable in 2001,is$1,082,584.00. • The sum of the net tax capacity adjustment amount and the fiscal disparities adjustment amount under Minnesota Statutes,section 273.1398, subdivision 2,for aids payable to the DISTRICT in 2001, as reported to this office by the MN Department of Revenue,is 5-. In accordance with Minnesota Statutes,Section 275.078 the Hennepin County Auditor certifies the following: 1. The"levy certification tax levy"of the DISTRICT for taxes payable in 2000 is S19,965,124.00. 2. The taxable net tax capacity used to determine the proposed tax rates of the DISTRICT for taxes payable in 2001 is 85,185,647. 3. The"2000 levy certification tax rate"for the DISTRICT is 23.44%. Based upon the proposed levy for taxes payable in 2001 certified by the DISTRICT on or before September 15, 1999: • The proposed levy for taxes payable in 2001, less the amounts, known to our office, levied to pay general obligation bonds and less the fiscal disparity arca wide levy is$21,300,470.00. • The taxable net tax capacity used to determine the proposed tax rates of the DISTRICT for taxes payable in 2001 is 85,185,647. • The estimated"2001 levy certification tax rate"is 25.01%. TOTAL P.02 J' i CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims October 3,2000 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development and Payment of Claims Financial Services/Don Uram , Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 90660-91566 Background Information The summary of checks includes all checks processed since the Council meeting on September 5, 2000. Attachments I COUNCIL CHECK SUMMARY 28-SEP-2000 (09:56) DIVISION TOTAL N/A $12,653.60 LEGISLATIVE $1,667.75 LEGAL COUNSEL $11,770.96 CUSTOMER SERVICE $24,165.39 BENEFITS $70,701.56 TECHNOLOGY $22,463.64 CITY MANAGER $80.33 FINANCE $309.75 HUMAN RESOURCES $7,753.25 COMMUNICATIONS $1,739.65 CITY CLERK $20,995.19 HUMAN SERV $8,588.25 RISK MANAGEMENT $172,953.45 WIRELESS COMMUNICATION $26,877.31 ENGINEERING $4,687.34 INSPECTIONS $857.67 FACILITIES $26,700.92 POLICE $23,458.21 FIRE $9,164.85 ANIMAL CONTROL $211.00 PARK ADMIN $130.00 STREETS/TRAFFIC $119,219.70 PARK MAINTENANCE $32,864.74 STREET LIGHTING $451.84 FLEET SERVICES $51,697.56 ORGANIZED ATHLETICS $10,381.40 COMMUNITY DEV $309.76 • COMMUNITY CENTER $17,303.57 BEACHES $479.77 HISTORICAL $106.50 YOUTH RECREATION $3,207.28 SPECIAL EVENTS $5,421.81 ADULT RECREATION $12,243.92 RECREATION ADMIN $2,098.98 ADAPTIVE REC $351.60 OAK POINT POOL $45,464.09 ARTS $461.70 PARK FACILITIES $4,297.04 PUBLIC IMPROV PROJ $1,292,111.89 DEBT SERVICE PAYMENTS $3,887.50 EMPLOYEE PAYROLL DEDUCTIONS $254,043.94 CAPITAL IMPROVEMENT PROGRAM $2,995.63 CITY CENTER $10,287.60 SPECIAL REVENUE FUNDS $2,111.00 PRAIRIE VILLAGE LIQUOR STORE $89,466.24 PRAIRIEVIEW LIQUOR STORE $112,731.18 DEN ROAD LIQUOR STORE $220,746.63 TRUST FUNDS $184,800.00 WATER DEPT $224,917.72 SEWER DEPT $186,112.35 STORM DRAINAGE $12,293.35 AGENCY FUNDS $65,947.02 EQUIPMENT $44,808.79 $3,461,552.17* a COUNCIL CHECK REGISTER 28-SEP-2000 (09 C'HFCK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 90660 $265.50 ACE ICE COMPANY MISC TAXABLE PRAIRE VIEW LIQUOR #3 90661 $289.45 ALL SAINTS BRANDS DISTRIBUTING MISC TAXABLE PRAIRE VIEW LIQUOR #3 90662 $99.56 AMERIPRIDE LINEN & APPAREL SER OTHER CONTRACTED SERVICES LIQUOR STORE CUB FOODS 90663 $1,924.27 BELLBOY CORPORATION MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1 90665 $4,056.20 DAY DISTRIBUTING BEER 6/12 PRAIRE VIEW LIQUOR #3 90666 $1,274.99 EAGLE WINE COMPANY WINE DOMESTIC PRAIRIE VILLAGE LIQUOR #1 90667 $14,497.03 EAST SIDE BEVERAGE COMPANY BEER 6/12 PRAIRE VIEW LIQUOR #3 90668 $646.25 GETTMAN COMPANY MISC TAXABLE PRAIRIE VILLAGE LIQUOR #1 90669 $176.00 GRAPE BEGINNINGS WINE IMPORTED PRAIRE VIEW LIQUOR #3 90670 $6,457.20 GRIGGS COOPER & CO MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1 90672 $13,665.41 JOHNSON BROTHERS LIQUOR CO MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1 90676 $2,133.78 LAKE REGION VENDING TOBACCO PRODUCTS LIQUOR STORE CUB FOODS 90677 $9,259.07 MARK VII BEER 6/12 PRAIRE VIEW LIQUOR #3 90678 $2,140.41 MIDWEST COCA COLA BOTTLING COM MISC TAXABLE LIQUOR STORE CUB FOODS 90679 $469.15 NORTH STAR ICE MISC TAXABLE LIQUOR STORE CUB FOODS 90680 , $2,115.53 PAUSTIS & SONS COMPANY WINE IMPORTED LIQUOR STORE CUB FOODS 90681 $125.68 PEPSI COLA COMPANY MISC TAXABLE PRAIRE VIEW LIQUOR #3 90682 $6,845.31 PHILLIPS WINE AND SPIRITS INC WINE DOMESTIC PRAIRE VIEW LIQUOR #3 90685 $922.96 PINNACLE DISTRIBUTING OPERATING SUPPLIES-GENERAL PRAIRE VIEW LIQUOR #3 90686 $2,250.21 PRIOR WINE COMPANY WINE DOMESTIC PRAIRIE VILLAGE LIQUOR #1 90688 $12,249.32 THORPE DISTRIBUTING BEER 6/12 LIQUOR STORE CUB FOODS 90689 $91.00 WINE COMPANY, THE WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1 90690 $308.96 WINE MERCHANTS INC WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1 90691 $1,460.33 WORLD CLASS WINES INC WINE IMPORTED LIQUOR STORE CUB FOODS 90692 $12.00 ADAMSON, AMY SR CITIZENS/ADULT PROG FEES SENIOR CENTER PROGRAM 90693 $399.38 ANOKA COUNTY SHERIFF'S OFFICE RENTALS POLICE 90694 $125.00 DNR ENFORCEMENT, FIREARMS SAFE OTHER CONTRACTED SERVICES OUTDOOR CTR PROGRAM 90695 $1,668.94 ELAN FINANCIAL SERVICES DUES & SUBSCRIPTIONS COUNCIL 90696 $5.00 HANSEN, STEVE ADULT/YOUTH/OUTDOOR CTR PROG OUTDOOR CTR PROGRAM 90697 $229.21 HENNEPIN COUNTY TREASURER CONTRACTED REPAIR & MAINT TRAFFIC SIGNALS 90698 $120.95 INTERNATIONAL SOCIETY OF ARBOR OPERATING SUPPLIES-GENERAL TREE DISEASE 90699 $5.00 LAGRANGE, WILLIAM ADULT/YOUTH/OUTDOOR CTR PROG OUTDOOR CTR PROGRAM 90700 $1,093.29 MIDWEST COCA COLA BOTTLING COM MISC TAXABLE LIQUOR STORE CUB FOODS 90701 $22.00 MINNESOTA DEPT OF PUBLIC SAFET PROFESSIONAL SERVICES POLICE 90702 $16.00 MINNESOTA DEPT OF PUBLIC SAFET PROFESSIONAL SERVICES POLICE 90703 $40.00 MINNESOTA POLLUTION CONTROL AG OPERATING SUPPLIES-GENERAL STORM DRAINAGE 90704 $19.94 MORROW, JAMES TRAVEL POLICE 90705 $40.00 MSANI S/A J B PREECE SCHOOLS POLICE 90706 $391.00 NATIONAL RECREATION AND PARK A CONFERENCE IN SERVICE TRAINING 90707 $1,047.12 PEPSI COLA COMPANY MISC TAXABLE LIQUOR STORE CUB FOODS 90708 $83.70 PETTY CASH-POLICE DEPT OPERATING SUPPLIES-GENERAL SUMMER SAFETY CAMP 90709 $648.56 PRENTISS, ROBERT INSURANCE RISK MANAGEMENT 90710 $4,732.95 PRUDENTIAL INSURANCE CO OF AME LIFE EMPLOYERS SHARE BENEFITS 90711 $93.48 RANGER JOES INTERNATIONAL CLOTHING & UNIFORMS POLICE 90712 $2,609.89 RELIASTAR LIFE INSURANCE CO DISABILITY IN EMPLOYERS FD 10 ORG 90713 $5.00 SCHULTZ, HERBERT ADULT/YOUTH/OUTDOOR CTR PROG OUTDOOR CTR PROGRAM 90714 $47.30 SENIOR CENTER TREASURY SPECIAL EVENTS FEES SENIOR CENTER PROGRAM 90715 $99.00 SKILLPATH SEMINARS SCHOOLS POLICE 90716 $154.58 SUPERIOR SHORES TRAVEL POLICE 90717 $75.00 TEST QUEST HOMEWARD HILLS BLDG RENTAL PARK FACILITIES 90718 $10.88 WALMART STORES INC OPERATING SUPPLIES-GENERAL POLICE 90719 $1,728.00 ANCHOR PRINTING COMPANY PRINTING COMMUNITY SERVICES 90720 $40.00 BOLD, PAULINE INSTRUCTOR SERVICE OUTDOOR CTR PROGRAM 90721 $61.00 GENZ-RYAN BLDG SURCHARGES PLUMBING SURCHARGE 90722 $100.00 HOAG, JODI TRAVEL IN SERVICE TRAINING 5 COUNCIL CHECK REGISJXR 28-SEP-2000 (09 CHECK NO CRRCK AMOUNT VENDOR DESCRIPTION PROGRAM 90723 $54.75 HOME REMEDY INC. BLDG SURCHARGES BUILDING SURCHARGE 90724 $100.77 ICI DULUX PAINT CTRS BLDG REPAIR & MAINT OUTDOOR CENTER-STARING LAKE 90725 $405.30 JOHNSON BROTHERS LIQUOR CO WINE DOMESTIC LIQUOR STORE CUB FOODS 90726 $617.41 LAB SAFETY SUPPLY INC EQUIPMENT PARTS WATER TREATMENT PLANT 90727 $20.00 LEAGUE OF MINNESOTA CITIES CONFERENCE IN SERVICE TRAINING 90728 $31,894.50 LEAGUE OF MINNESOTA CITIES INS WORKMANS COMP INS BENEFITS 90729 $167,788.50 LEAGUE OF MINNESOTA CITIES INS INSURANCE RISK MANAGEMENT 90730 $48.62 MANN, TRIA MILEAGE AND PARKING SPECIAL EVENTS ADMINISTRATIVE 90731 $134.64 MEYER, GARY TRAVEL IN SERVICE TRAINING 90732 $2,010.03 MINNEGASCO CONTRACTED REPAIR & MAINT WATER WELL #9 90733 $414.00 MINNESOTA BUREAU OF CRIMINAL A PHYSICAL & PSYCO EXAM HUMAN RESOURCES 90734 $405.00 MINNESOTA STATE FIRE CHIEFS AS CONFERENCE FIRE 90735 $787.27 NEWTON, RANDY TRAVEL IN SERVICE TRAINING 90736 $320.00 OTTERNESS, RON INSTRUCTOR SERVICE OUTDOOR CTR PROGRAM 90737 $183.94 PETTY CASH OPERATING SUPPLIES-GENERAL ELECTION 90738 $267.00 RCVB HOUSING BUREAU TRAVEL FIRE 90739 $30.00 ROREM, ANN OPERATING SUPPLIES-GENERAL ART & MUSIC 90740 $61.66 SCHMITZ, WENDY EMPLOYEE AWARD HUMAN RESOURCES 90741 $1,112.00 SCIENCE MUSEUM OF MINNESOTA CONFERENCE IN SERVICE TRAINING 90742 $40.00 TELEPHONE ANSWERING CENTER INC OTHER CONTRACTED SERVICES WATER TREATMENT PLANT 90743 $3,000.00 UNITED STATES POSTAL SERVICE POSTAGE GENERAL 90744 $280.00 VERNSTROM, STEVE INSTRUCTOR SERVICE OUTDOOR CTR PROGRAM 90745 $87.80 ACE ICE COMPANY MISC TAXABLE PRAIRE VIEW LIQUOR #3 90746 $40.60 AMERIPRIDE LINEN & APPAREL SER OTHER CONTRACTED SERVICES LIQUOR STORE CUB FOODS 90747 $1,381.36 BELLBOY CORPORATION MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1 90748 • $6,741.47 DAY DISTRIBUTING BEER 6/12 PRAIRE VIEW LIQUOR #3 90749 $3,347.11 EAGLE WINE COMPANY WINE DOMESTIC PRAIRIE VILLAGE LIQUOR #1 90750 $13,083.70 EAST SIDE BEVERAGE COMPANY BEER 6/12 PRAIRE VIEW LIQUOR #3 90751 $297.00 GRAPE BEGINNINGS WINE IMPORTED PRAIRE VIEW LIQUOR #3 90752 $8,408.65 GRIGGS COOPER & CO WINE IMPORTED PRAIRE VIEW LIQUOR #3 90754 $13,915.33 JOHNSON BROTHERS LIQUOR CO WINE DOMESTIC PRAIRE VIEW LIQUOR #3 90758 $1,552.89 LAKE REGION VENDING TOBACCO PRODUCTS LIQUOR STORE CUB FOODS 90759 $12,788.50 MARK VII BEER 6/12 LIQUOR STORE CUB FOODS 90760 $419.49 NORTH STAR ICE MISC TAXABLE PRAIRIE VILLAGE LIQUOR #1 90761 $480.00 PAUSTIS & SONS COMPANY BEER 6/12 LIQUOR STORE CUB FOODS 90762 $457.35 PEPSI COLA COMPANY MISC TAXABLE PRAIRIE VILLAGE LIQUOR #1 90763 $5,705.08 PHILLIPS WINE AND SPIRITS INC WINE IMPORTED PRAIRE VIEW LIQUOR #3 90767 $357.35 PINNACLE DISTRIBUTING OPERATING SUPPLIES-GENERAL LIQUOR STORE CUB FOODS 90768 $5,166.06 PRIOR WINE COMPANY WINE DOMESTIC PRAIRE VIEW LIQUOR #3 90770 $10,208.24 QUALITY WINE & SPIRTS CO MERCHANDISE FOR RESALE LIQUOR STORE CUB FOODS 90774 $9,372.90 THORPE DISTRIBUTING BEER 6/12 PRAIRE VIEW LIQUOR #3 90775 $768.65 WINE COMPANY, THE WINE IMPORTED LIQUOR STORE CUB FOODS 90776 $163.60 WINE MERCHANTS INC WINE DOMESTIC LIQUOR STORE CUB FOODS 90777 $762.46 WORLD CLASS WINES INC WINE IMPORTED LIQUOR STORE CUB FOODS 90778 $2,593.96 US POSTMASTER - HOPKINS POSTAGE GENERAL 90779 $529.88 ANCHOR PAPER COMPANY OFFICE SUPPLIES GENERAL 90780 $19.56 AT&T TELEPHONE WATER TREATMENT PLANT 90781 $150.58 BACHMANS CREDIT DEPT REPAIR & MAINT SUPPLIES POLICE-CITY CENTER 90782 $2,224.98 CEMSTONE ASPHALT OVERLAY STREET MAINTENANCE 90783 $294.62 CONNEY SAFETY PRODUCTS SAFETY SUPPLIES RISK MANAGEMENT 90784 $1,017.50 CONVERGENT COMMUNICATIONS INC. TELEPHONE GENERAL 90785 $81.80 ELK RIVER CONCRETE PRODUCTS REPAIR & MAINT SUPPLIES STORM DRAINAGE 90786 $50.00 ERICKSON, STEPH CLOTHING & UNIFORMS POOL OPERATIONS 90787 $42.96 FEDEX POSTAGE GENERAL 90788 $19.95 FIRE ENGINEERING MAGAZINE DUES & SUBSCRIPTIONS FIRE 1 COUNCIL CHECK REGISTTER 28-SEP-2000 (09 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 90789 $199.16 IOS CAPITAL RENTALS FIRE 90790 $20.00 LEMPKE, ANN SR CITIZENS/ADULT PROG FEES SENIOR CENTER PROGRAM 90791 $86.60 METRO SALES INCORPORATED* RENTALS GENERAL 90792 $4,129.70 PARK NICOLLET CLINIC PROFESSIONAL SERVICES RISK MANAGEMENT 90793 $70.17 QUIZNO'S MISCELLANEOUS RECREATION ADMIN 90794 $80.00 ROTSCHAFER, LAURA SCHOOLS POOL OPERATIONS 90795 $50.00 SENIOR CENTER TREASURY SPECIAL EVENTS FEES SENIOR CENTER PROGRAM 90796 $975.24 SETTER LEACH & LINDSTROM DEPOSITS ESCROW 90797 $86.63 THEOBALD, WILLIAM ASPHALT OVERLAY STREET MAINTENANCE 90798 $11.65 PARAGON CABLE CABLE TV COMMUNITY SERVICES 90799 $247.55 TORMOEN, JUDY SCHOOLS IN SERVICE TRAINING 90800 $200.00 TOTAL TRAINING NETWORK RILEY LAKE SHELTER PARK FACILITIES 90801 $656.42 US WEST COMMUNICATIONS TELEPHONE WATER UTILITY-GENERAL 90802 $429.73 US WEST COMMUNICATIONS TELEPHONE GENERAL 90803 $45.00 VAASSEN, ROSETTA SCHOOLS FITNESS CLASSES 90804 $31.66 WERTS, SANDY MILEAGE AND PARKING REC SUPERVISOR 90805 $320.00 AARP 55 ALIVE MATURE DRIVING SPECIAL EVENTS FEES SENIOR CENTER PROGRAM 90806 $20.00 AMERICAN SNIPER ASSOCIATION DUES & SUBSCRIPTIONS POLICE 90807 $783.75 ANCHOR PAPER COMPANY OFFICE SUPPLIES POLICE 90808 $2,271.71 ARCH PAGING COMMUNICATIONS WIRELESS COMMUNICATION 90809 $104.48 BARLI, ROBERT CLOTHING & UNIFORMS POLICE 90810 $120.00 BCA/TRAINING & DEVELOPMENT SCHOOLS POLICE 90811 $5,711.17 CB RICHARD ELLIS UTILITIES PRAIRIE VILLAGE LIQUOR #1 90812 $2,465.36 CEMSTONE ASPHALT OVERLAY STREET MAINTENANCE 90813 $18.05 FRANKLIN, WOODY RESERVE EQUIPMENT POLICE 90814 $161.35 FUN EXPRESS OPERATING SUPPLIES-GENERAL OCTOBERFEST 90815 $742.90 HENNEPIN COUNTY TREASURER-TARP DEPOSITS ESCROW 90816 $936.00 HIGLEY, STEVE OTHER CONTRACTED SERVICES SOFTBALL 90817 $92.15 ICI DULUX PAINT CTRS BLDG REPAIR & MAINT OUTDOOR CENTER-STARING LAKE 90818 $115.00 ITASCA COUNTY SHERIFF'S DEPT. DEPOSITS ESCROW 90819 $46.16 JASMINE Z. KELLER GARNISHMENT WITHHELD FD 10 ORG 90820 $2,571.15 KMC TELECOM TELEPHONE GENERAL 90821 $109.85 KRESS, CARLA MILEAGE AND PARKING ADAPTIVE RECREATION 90822 $1,427.00 MCES OTHER CONTRACTED SERVICES RECREATION ADMIN 90823 $1,226.38 MINN CHILD SUPPORT PAYMENT CTR GARNISHMENT WITHHELD FD 10 ORG 90824 $198.44 PLYMOUTH PLUMBING BLDG SURCHARGES MECH SURCHARGE 90825 $343.39 TEKIELA, STAN REC EQUIP & SUPPLIES OUTDOOR CTR PROGRAM 90826 $57.53 TROUP, JENNA MILEAGE AND PARKING PROGRAM SUPERVISOR 90827 $82.22 WRIGHT, IRENE MILEAGE AND PARKING GOLDEN TRIANGE STUDY 90828 $224.00 RAMADA WESTFIELD INN TRAVEL POLICE 90829 $191.10 CORDES, JEFFREY MILEAGE AND PARKING TREE DISEASE 90830 $234.28 GE CAPITAL RENTALS GENERAL 90831 $17,173.00 LEAGUE OF MINNESOTA CITIES INS WORKMANS COMP INS BENEFITS 90832 $5,902.00 LEAGUE OF MINNESOTA CITIES INS INSURANCE PRAIRIE VILLAGE LIQUOR #1 90833 $75.00 OTTERNESS, RON INSTRUCTOR SERVICE OUTDOOR CTR PROGRAM 90834 $22.00 PLEAA SCHOOLS POLICE 90835 $1,288.03 US WEST COMMUNICATIONS TELEPHONE RILEY LAKE 90837 $225.00 WRIGHT, IRENE TRAVEL IN SERVICE TRAINING 90838 $452.45 WYNDOM PALACE TRAVEL IN SERVICE TRAINING 90839 $312.23 A TO Z RENTAL CENTER RENTALS TASTE ON PRAIRIE 90840 $84.55 AAA LAMBERTS LANDSCAPE PRODUCT LANDSCAPE MILS & AG SUPPL WATER SYSTEM MAINTENANCE 90841 $510.06 ABSOLUTE RAIN INC. GROUNDS MAINTENANCE FIRE STATION #1 90842 $10,236.00 AERIAL PAINTING INC CONTRACTED REPAIR & MAINT TRAFFIC SIGNALS 90843 $55.00 AFFILIATED EMERGENCY VETERINAR PROFESSIONAL SERVICES ANIMAL WARDEN PROJECT 90844 $159.00 AIR POWER EQUIPMENT CORPORATIO CONTRACTED BLDG MAINT FIRE STATION #1 5 COUNrTr, CHECK REGISTER 28-SEP-2000 (09 c.Hr.CK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 90845 $23.50 ALEXANDER HAMILTON INSTITUTE DUES & SUBSCRIPTIONS WATER UTILITY-GENERAL 90846 $410.50 ALL TEST & INSPECTION EQUIPMENT TESTING & CERT WATER TREATMENT PLANT 90847 $247.00 AMERICAN CHAMBER OF COMMERCE P TRAINING SUPPLIES WATER UTILITY-GENERAL 90848 $348.50 AMERICAN WATER WORKS ASSOCIATI TRAINING SUPPLIES WATER TREATMENT PLANT 90849 $26.26 AQUA ENGINEERING INC REPAIR & MAINT SUPPLIES PARK MAINTENANCE 90850 $26.94 ASPEN REACH EQUIPMENT COMPANY REPAIR & MAINT SUPPLIES STORM DRAINAGE 90851 $1,308.95 ASPEN WASTE SYSTEMS INC. WASTE DISPOSAL FIRE STATION #3 90852 $2,945.00 BACONS ELECTRIC COMPANY IMPROVEMENT CONTRACTS GENERATORS-WELL 2,9,11,13 90853 $38.32 BATTERY STORE INC, THE OPERATING SUPPLIES-GENERAL WATER SYSTEM MAINTENANCE 90854 $109.38 BAUER BUILT TIRE AND BATTERY EQUIPMENT PARTS EQUIPMENT MAINTENANCE 90855 $779.75 BENIEK, BRIAN GROUNDS MAINTENANCE FIRE STATION #2 90856 $639.61 BLOOMINGTON LOCK AND SAFE* CONTRACTED BLDG REPAIRS FIRE STATION #2 90857 $3,300.00 BRAUN INTERTEC CORPORATION PROFESSIONAL SERVICES CEDAR FOREST UTILITY CONSTRUCT 90858 $295.86 BRO-TEX INC EQUIPMENT PARTS EQUIPMENT MAINTENANCE 90859 $30.46 BROADWAY AWARDS AWARDS RACQUETBALL 90860 $1,388.00 BROWN, PAUL OTHER CONTRACTED SERVICES PARK FACILITIES 90861 $2,756.75 BRY-AIR INC REPAIR & MAINT SUPPLIES WATER TREATMENT PLANT 90862 $1,675.50 BUCK, NATHAN OTHER CONTRACTED SERVICES VOLLEYBALL 90863 $623.95 CDW GOVERNMENT INC. COMPUTERS INFORMATION SYSTEM 90864 $3,377.63 CENTRAIRE INC CONTRACTED BLDG REPAIRS POLICE STATION 90865 $1,010.69 CHANHASSEN BUMPER TO BUMPER EQUIPMENT PARTS EQUIPMENT MAINTENANCE 90867 $106.50 CLAREYS INC EQUIP TESTING & CERTIFICATION SEWER SYSTEM MAINTENANCE 90868 $3,506.25 CLEAN SWEEP INC SEAL COATING CONTRACTED STREET MAINTENANCE 90869 $2,080.00 CLOSED CIRCUIT SPECIALISTS INC COMMUNICATIONS WIRELESS COMMUNICATION 90870 $263.45 COMMERCIAL SAW COMPANY OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 90871 $15.32 CONNEY SAFETY PRODUCTS SAFETY SUPPLIES RISK MANAGEMENT 90872 $127.80 CONSTRUCTION MATERIALS INC REPAIR & MAINT SUPPLIES STORM DRAINAGE 90873 $573.71 CONVERGENT COMMUNICATIONS INC. TELEPHONE GENERAL 90874 $304.00 COOKE CUSTOM SEWING OTHER EQUIPMENT OUTDOOR CTR PROGRAM 90875 $545.41 CORPORATE AUTO RENTALS INC EQUIPMENT RENTAL OUTDOOR CTR PROGRAM 90876 $2,753.93 CORPORATE EXPRESS OFFICE SUPPLIES POLICE 90877 $26.05 CROWN MARKING OFFICE SUPPLIES GENERAL 90878 $619.98 CUB FOODS EDEN PRAIRIE OPERATING SUPPLIES-GENERAL OUTDOOR CTR PROGRAM 90879 $1,542.50 CUMMINS NORTH CENTRAL INC CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 90880 $11,429.76 CUTLER-MAGNER COMPANY CHEMICALS WATER TREATMENT PLANT 90881 $776.81 CY'S UNIFORMS CLOTHING & UNIFORMS POLICE 90882 $6,696.41 DAHLGREN SHARDLOW AND UBAN DEPOSITS ESCROW 90883 $1,996.00 DALCO ROOFING & SHEET METAL IN CONTRACTED BLDG REPAIRS FIRE STATION #3 90884 $358.80 DANKO EMERGENCY EQUIPMENT CO CONTRACTED REPAIR & MAINT FIRE 90885 $829.35 DECORATIVE DESIGNS INC CONTRACTED BLDG MAINT EP CITY CTR OPERATING COSTS 90886 $359.12 DELEGARD TOOL CO SMALL TOOLS EQUIPMENT MAINTENANCE 90887 $191.70 DEZURIK EQUIPMENT PARTS WATER TREATMENT PLANT 90888 $53.95 DIRECT SAFETY CO PROTECTIVE CLOTHING WATER TREATMENT PLANT 90889 $3,783.80 DPC INDUSTRIES INC CHEMICALS WATER TREATMENT PLANT 90890 $545.51 DRISKILLS NEW MARKET MERCHANDISE FOR RESALE CONCESSIONS 90891 $21,730.80 DRT TRANSPORT OTHER CONTRACTED SERVICES WATER TREATMENT PLANT 90892 $56.33 DYNA SYSTEMS SMALL TOOLS WATER SYSTEM MAINTENANCE 90893 $2,677.11 EARL F ANDERSEN INC OPERATING SUPPLIES-GENERAL POLICE 90894 $376.09 ECOLAB INC CONTRACTED BLDG MAINT SENIOR CENTER 90895 $365.00 EDINA, CITY OF CONST TESTING-SOIL BORING WATER SYSTEM MAINTENANCE 90896 $153,024.43 EF JOHNSON COMMUNICATIONS WIRELESS COMMUNICATION 90897 $108.77 ELK RIVER CONCRETE PRODUCTS REPAIR & MAINT SUPPLIES STORM DRAINAGE 90898 $40.22 ENVIRONMENTAL EQUIPMENT & SERV EQUIPMENT PARTS EQUIPMENT MAINTENANCE 90899 $748.00 ERICKSEN ELLISON AND ASSOCIATE COMMUNICATION EQUIPMENT RADIO ANTENNA PROJECT 90900 $220.87 EULL'S MANUFACTURING CO INC REPAIR & MAINT SUPPLIES STORM DRAINAGE 6 COUNCIL CHECK REGISTER 28-SEP-2000 (09 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 90901 $13.57 EXPRESS MESSENGER SYSTEMS INC POSTAGE GENERAL 90902 $4,544.46 FACILITY SYSTEMS INC FURNITURE & FIXTURES SR CTR OPERATIONS 90903 $106.50 FEDERAL SIGNAL CORPORATION CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 90904 $12.20 THERMOGAS COMPANY GAS OUTDOOR CENTER-STARING LAKE 90905 $475.94 FILTRATION SYSTEMS REPAIR & MAINT SUPPLIES WATER TREATMENT PLANT 90906 $377.77 FISHER SCIENTIFIC OPERATING SUPPLIES-GENERAL WATER TREATMENT PLANT 90907 $426.00 FISK, APRIL OTHER CONTRACTED SERVICES VOLLEYBALL 90908 $635.63 GENUINE PARTS COMPANY CLEANING SUPPLIES WATER SYSTEM MAINTENANCE 90909 $87.63 GINA MARIAS INC OPERATING SUPPLIES-GENERAL FIRE 90910 $1,399.88 GLOBAL COMPUTER SUPPLIES OTHER EQUIPMENT WATER TREATMENT PLANT 90911 $35.00 GN NETCOM/UNEX INC TELEPHONE GENERAL 90912 $190.68 HACH COMPANY OPERATING SUPPLIES-GENERAL WATER TREATMENT PLANT 90913 $1,066.50 HAMILTON, MICHAEL OTHER CONTRACTED SERVICES SOFTBALL 90914 $22.01 HANCE COMPANIES EQUIPMENT PARTS EQUIPMENT MAINTENANCE 90915 $8,043.76 HARTLAND FUEL PRODUCTS LLC MOTOR FUELS EQUIPMENT MAINTENANCE 90916 $2,855.00 HAWKINS WATER TREATMENT GROUP CHEMICALS WATER TREATMENT PLANT 90917 $1,351.56 HENNEPIN COUNTY SHERIFF'S OFFI BOARD OF PRISONERS SVC POLICE 90918 $281.25 HENNEPIN COUNTY TREASURER OPERATING SUPPLIES-GENERAL COMMUNITY DEVELOPMENT 90919 $1,885.00 HENNEPIN COUNTY TREASURER - AC BOARD OF PRISONERS SVC POLICE 90920 $50.00 HENNEPIN TECHNICAL COLLEGE SCHOOLS FIRE 90921 $803.23 HILLCREST CAFE & CATERING EMPLOYEE AWARD HUMAN RESOURCES 90922 $1,366.10 HOME TEAM PAINTING & DECORATIN CONTRACTED BLDG REPAIRS EP CITY CTR OPERATING COSTS 90923 $8,785.00 HONEYWELL INC OTHER CONTRACTED SERVICES WATER TREATMENT PLANT 90924 $62.09 HYDROLOGIC REPAIR & MAINT SUPPLIES PARK MAINTENANCE 90925 $1,976.39 IMAGEMAX INC MICROFILMING SERVICE RECORDS MANAGEMENT 90926 $42.30 INNOVATIVE GRAPHICS OPERATING SUPPLIES-GENERAL POOL SPECIAL EVENTS 90927 $2,007.83 INNOVATIVE LANDSCAPE SUPPLY IN LANDSCAPE MTLS & AG SUPPL WATER TREATMENT PLANT 90928 $9,800.00 INSPEC INC. PROFESSIONAL SERVICES EP CITY CTR OPERATING COSTS 90929 $535.40 INTERNATIONAL SUNPRINTS INC CLOTHING & UNIFORMS DAY CAMP 90930 $5,186.61 INTERSTATE DETROIT DIESEL INC CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 90931 $41,935.34 J-CRAFT INC MACHINERY EQUIPMENT P/W REVOLVING FUND 90932 $600.00 JABZ! OTHER CONTRACTED SERVICES FITNESS CLASSES 90933 $2,503.62 JANEX INC CLEANING SUPPLIES GENERAL BUILDING FACILITIES 90934 $800.36 JOHN HENRY FOSTER MINNESOTA IN CONTRACTED EQUIP REPAIR WATER TREATMENT'PLANT 90935 $156.00 KEN ANDERSEN TRUCKING PROFESSIONAL SERVICES ANIMAL WARDEN PROJECT 90936 $97.65 KRAEMERS HARDWARE INC OPERATING SUPPLIES-GENERAL GENERAL BUILDING FACILITIES 90937 $7,750.62 KUSTOM SIGNALS INC PAGERS & RADAR EQUIP POLICE 90938 $846.52 LAKE COUNTRY DOOR CONTRACTED BLDG REPAIRS MAINTENANCE BUILDING 90939 $11,870.96 LANG PAULY GREGERSON AND ROSOW LEGAL SERVICE LEGAL COUSEL 90940 $1,011.75 LANO EQUIPMENT INC EQUIPMENT RENTAL STORM DRAINAGE 90941 $1,500.00 LASTAVICH, STEVE OTHER CONTRACTED SERVICES 1999 CLG GRANT 90942 $578.83 LIFE SAFETY SYSTEMS CONTRACTED BLDG MAINT FIRE STATION #2 90943 $398.54 LINCOLN EQUIPMENT INC. SALES TAX ADJ 6.5%. OAK POINT OPERATIONS 90944 $120.00 LOES OIL COMPANY WASTE DISPOSAL EQUIPMENT MAINTENANCE 90945 $6,050.55 LUBRICATION TECHNOLOGIES INC LUBRICANTS & ADDITIVES EQUIPMENT MAINTENANCE 90946 $388.72 MACQUEEN EQUIPMENT INC EQUIPMENT PARTS EQUIPMENT MAINTENANCE 90947 $346.50 MAROTTA, VIC INSTRUCTOR SERVICE SUMMER SKILL DEVELOP 90948 $23,625.00 MASYS CORPORATION OTHER EQUIPMENT WIRELESS COMMUNICATION 90949 $1,421.78 MAXI-PRINT INC PRINTING POLICE 90950 $14,688.00 MCF-LINO LAKES CONTRACTED REPAIR & MAINT STREET MAINTENANCE 90951 $137.32 MCGLYNN BAKERIES MERCHANDISE FOR RESALE CONCESSIONS 90952 $386.06 MENARDS OPERATING SUPPLIES-GENERAL TRAFFIC SIGNALS 90953 $4,056.16 METRO COMMUNICATIONS CABLING I CONTRACTED REPAIR & MAINT INFORMATION SYSTEM 90954 $3,325.00 METRO CONCRETE RAISING INC MUDJACKING CURBS DRAINAGE 90955 $4,007.35 METRO SALES INCORPORATED* CONTRACTED EQUIP REPAIR CITY CENTER OPERATING COSTS COUNCIL CHECK REGISrrx 28-SEP-2000 (09 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 90956 $145.38 METROPOLITAN FORD EQUIPMENT PARTS EQUIPMENT MAINTENANCE 90957 $163.54 MIDAS CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 90958 $3,488.56 MIDWEST ASPHALT CORPORATION WASTE BLACKTOP/CONCRETE STREET MAINTENANCE 90959 $9,913.56 MIDWEST PLAYSCAPES OTHER EQUIPMENT ROUND LK PARK K17 90960 $82,964.82 MINGER CONSTRUCTION INC IMPROVEMENT CONTRACTS CEDAR FOREST UTILITY CONSTRUCT 90961 $19,537.00 MINNESOTA DEPT OF HEALTH MISCELLANEOUS WATER SYSTEM SAMPLE 90962 $9,740.97 MINNESOTA PIPE AND EQUIPMENT* REPAIR & MAINT SUPPLIES WATER SYSTEM MAINTENANCE 90963 $66.88 MINNESOTA TROPHIES & GIFTS OPERATING SUPPLIES-GENERAL POLICE 90964 $1,993.62 MINNESOTA VIKINGS FOOD SERVICE MISCELLANEOUS GENERAL BUILDING FACILITIES 90965 $627.80 MOORE MEDICAL CORP SAFETY SUPPLIES FIRE 90966 $365.55 MTI DISTRIBUTING CO EQUIPMENT PARTS EQUIPMENT MAINTENANCE 90967 $2,789.44 NATIONWIDE ADVERTISING SERVICE EMPLOYMENT ADVERTISING HUMAN RESOURCES 90968 $945.00 NEUMANN, NEAL OTHER CONTRACTED SERVICES SOFTBALL 90969 $108.05 NORTH CENTRAL LABORATORIES OPERATING SUPPLIES-GENERAL WATER TREATMENT PLANT 90970 $237.57 NORTHERN TOOL & EQUIPMENT CO. SMALL TOOLS WATER SYSTEM MAINTENANCE 90971 $536.76 OFFICE DEPOT OPERATING SUPPLIES-GENERAL ELECTION 90972 $72.61 OHLIN SALES OPERATING SUPPLIES-GENERAL SEWER UTILITY-GENERAL 90973 $47.50 PAPER WAREHOUSE EMPLOYEE AWARD HUMAN RESOURCES 90974 $201.17 PETSMART CANINE SUPPLIES POLICE 90975 $102.51 PHOTOS INC PHOTO SUPPLIES GUIDE PLAN 90976 $6,751.39 PRAIRIE ELECTRIC COMPANY CONTRACTED EQUIP REPAIR WATER TREATMENT PLANT 90977 $2,149.58 PRAIRIE EQUIPMENT COMPANY FIRE TRUCK EQUIP FIRE 90978 $4.71 PRAIRIE LAWN AND GARDEN OPERATING SUPPLIES-GENERAL STREET MAINTENANCE 90979 $128.00 PRINTERS SERVICE INC REPAIR & MAINT SUPPLIES ICE ARENA 90980 $48.35 PRIORITY COURIER EXPERTS CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 90981 $955.00 PUBLIC SAFETY EQUIPMENT CO CONTRACTED REPAIR & MAINT POLICE 90982 $7,801.18 QUALITY FLOW SYSTEMS INC CONTRACTED EQUIP REPAIR SEWER LIFTSTATION 90983 $51.30 QUICKSILVER EXPRESS COURIER POSTAGE GENERAL 90984 $37.59 REAL GEM EMPLOYEE AWARD HUMAN RESOURCES - 90985 $503.26 REBS MARKETING OTHER CONTRACTED SERVICES WATER ACCOUNTING 90986 $2,060.00 RITCEY & O'LOAN ASSOCIATES SCHOOLS FIRE 90987 $59,562.55 RMR SERVICES INC OTHER CONTRACTED SERVICES WATER METER REPAIR 90988 $36.62 SALLY DISTRIBUTORS EMPLOYEE AWARD HUMAN RESOURCES 90989 $244.42 SAVOIE SUPPLY CO INC CLEANING SUPPLIES WATER TREATMENT PLANT 90990 $68.92 SCHONSTEDT INSTRUMENT COMPANY EQUIPMENT PARTS WATER SYSTEM MAINTENANCE 90991 $559.99 SE-ME INC PHOTO SUPPLIES POLICE 90992 $355.90 SNAP-ON TOOLS SMALL TOOLS EQUIPMENT MAINTENANCE 90993 $5,088.25 SOUTH HENNEPIN REGIONAL PLANNI PROFESSIONAL SERVICES HOUSING, TRANS, & SOC SVC 90994 $510.90 SOUTHWEST SUBURBAN PUBLISHING- ADVERTISING TASTE ON PRAIRIE 90995 $339.97 SOUTHWEST SUBURBAN PUBLISHING- EMPLOYMENT ADVERTISING HUMAN RESOURCES 90996 $203.38 STATE CHEMICAL MFG CO, THE CLEANING SUPPLIES WATER TREATMENT PLANT 90997 $503.75 STEVE LUCAS PHOTOGRAPHY MISCELLANEOUS COUNCIL 90998 $594.00 STEWART-HESTER, RENEE OTHER CONTRACTED SERVICES RECREATION ADMIN 90999 $141.65 STRETCHERS CLOTHING & UNIFORMS POLICE 91000 $18.15 SUBURBAN CHEVROLET GEO EQUIPMENT PARTS EQUIPMENT MAINTENANCE 91001 $2,932.89 SUMMIT ENVIROSOLUTIONS PROFESSIONAL SERVICES WATER UTILITY-GENERAL 91002 $538.65 SUN NEWSPAPERS EMPLOYMENT ADVERTISING HUMAN RESOURCES 91003 $250.00 SWEDLUNDS WASTE DISPOSAL OUTDOOR CENTER-STARING LAKE 91004 $185.71 TESSCO OPERATING SUPPLIES-GENERAL WIRELESS COMMUNICATION 91005 $836.65 TIERNEY BROS INC EQUIPMENT PARTS EQUIPMENT MAINTENANCE 91006 $12,139.15 TKDA PROFESSIONAL SERVICES . EDEN CROSSING ROADS 91007 $272.43 TRUGREEN CHEMLAWN MTKA GROUNDS MAINTENANCE FIRE STATION #3 91008 $548.48 TRUGREEN LANDCARE GROUNDS MAINTENANCE FIRE STATION #1 91009 $64.48 TWIN CITY OXYGEN CO SAFETY SUPPLIES FIRE 91010 $914.84 TWIN CITY SEED CO LANDSCAPE MTLS & AG SUPPL NESBITT / PRESERVE PARK K16 COUNCIL CHECK REGISTER 28-SEP-2000 (09 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 91011 $182.63 UNLIMITED SUPPLIES INC CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 91012 $676.75 BRW INC DEPOSITS ESCROW 91013 $3,512.50 US BANK PAYING AGENT CITY CENTER DEBT FD 91014 $743.22 US CAVALRY CLOTHING & UNIFORMS POLICE 91015 $40.47 US FILTER/WATERPRO EQUIPMENT PARTS EQUIPMENT MAINTENANCE 91016 $945.46 US OFFICE PRODUCTS OFFICE SUPPLIES WATER UTILITY-GENERAL 91017 $244,057.03 VALLEY PAVING INC IMPROVEMENTS TO LAND FLYING CLOUD FIELDS K15 91018 $1,520.00 VAN WATERS & ROGERS INC CHEMICALS WATER TREATMENT PLANT 91019 $109.17 VWR SCIENTIFIC PRODUCTS OPERATING SUPPLIES-GENERAL WATER TREATMENT PLANT 91020 $11.00 W GORDON SMITH COMPANY, THE OPERATING SUPPLIES-GENERAL WATER UTILITY-GENERAL 91021 $152.21 W W GRAINGER INC REPAIR & MAINT SUPPLIES WATER TREATMENT PLANT 91022 $1,142.61 WATSON CO INC, THE MERCHANDISE FOR RESALE CONCESSIONS 91023 $8.71 WAYTEK INC OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 91024 $403.57 WM MUELLER AND SONS INC LANDSCAPE MTLS & AG SUPPL TRAILS . 91025 $25.77 WOLF CAMERA INC PHOTO SUPPLIES POLICE 91026 $31.95 WORM, SANDY LANDSCAPE MTLS & AG SUPPL NESBITT / PRESERVE PARK K16 91027 $3,952.18 YALE INCORPORATED CONTRACTED BLDG REPAIRS WATER TREATMENT PLANT 91028 $1,162.26 ZACKS INC SMALL TOOLS WATER SYSTEM MAINTENANCE 91029 • $1,113.00 ZAHN, GERALD OTHER CONTRACTED SERVICES VOLLEYBALL 91030 $178.37 ZEE MEDICAL SERVICE SAFETY SUPPLIES COMMUNITY CENTER ADMIN 91031 $152.20 ACE ICE COMPANY MISC TAXABLE PRAIRE VIEW LIQUOR #3 91032 $1,103.75 ALL SAINTS BRANDS DISTRIBUTING BEER 6/12 LIQUOR STORE CUB FOODS 91033 $159.64 AMERIPRIDE LINEN & APPAREL SER OTHER CONTRACTED SERVICES PRAIRIE VILLAGE LIQUOR #1 91034 $1,268.96 BELLBOY CORPORATION MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1 91035 $6,831.90 DAY DISTRIBUTING BEER 6/12 PRAIRE VIEW LIQUOR #3 91036 $3,632.40 EAGLE WINE COMPANY WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1 91037 $8,442.44 EAST SIDE BEVERAGE COMPANY BEER 6/12 LIQUOR STORE CUB FOODS 91038 $365.10 GETTMAN COMPANY MISC TAXABLE LIQUOR STORE CUB FOODS 91039 $11,017.20 GRIGGS COOPER & CO MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1 91040 $18,833.15 JOHNSON BROTHERS LIQUOR CO MERCHANDISE FOR RESALE PRAIRE VIEW LIQUOR #3 91044 $2,243.14 LAKE REGION VENDING TOBACCO PRODUCTS LIQUOR STORE CUB FOODS 91045 $7,114.71 MARK VII MISC TAXABLE PRAIRE VIEW LIQUOR #3 91047 $1,170.42 MIDWEST COCA COLA BOTTLING COM MISC TAXABLE PRAIRE VIEW LIQUOR #3 91048 $341.10 NORTH STAR ICE MISC TAXABLE LIQUOR STORE CUB FOODS 91049 $6,354.79 PHILLIPS WINE AND SPIRITS INC WINE IMPORTED PRAIRE VIEW LIQUOR #3 91052 $1,154.62 PINNACLE DISTRIBUTING MISC NON-TAXABLE PRAIRE VIEW LIQUOR #3 91053 $4,427.75 PRIOR WINE COMPANY WINE DOMESTIC PRAIRIE VILLAGE LIQUOR #1 91054 $11,061.45 THORPE DISTRIBUTING BEER 6/12 PRAIRE VIEW LIQUOR #3 91055 $41.40 VINTAGE ONE WINES INC WINE DOMESTIC PRAIRE VIEW LIQUOR #3 91056 $941.52 WINE COMPANY, .THE WINE IMPORTED LIQUOR STORE CUB FOODS 91057 $5,516.48 WINE MERCHANTS INC WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1 91059 $299.69 ASPEN WASTE SYSTEMS INC. WASTE DISPOSAL EPCC MAINTENANCE 91060 $45.00 BELLEFEUILLE, JOY SR CITIZENS/ADULT PROG FEES SENIOR CENTER PROGRAM 91061 $271.55 CONNEY SAFETY PRODUCTS CLEANING SUPPLIES WATER UTILITY-GENERAL 91062 $350.00 FAHAYS STABLES OTHER CONTRACTED SERVICES SUNBONNET DAYS ' 91063 $84.00 FURTADO, ELISABETE SR CITIZENS/ADULT PROG FEES ADULT PROGRAM 91064 $150.00 GASCH III, ROBERT OTHER CONTRACTED SERVICES SUNBONNET DAYS 91065 $1.57 GEIS, ROB TRAVEL POLICE 91066 $136.59 GLENWOOD INGLEWOOD OPERATING SUPPLIES-GENERAL FITNESS CENTER 91067 $36.00 GRAUPMAN, DIXIE LESSONS/CLASSES OAK POINT LESSONS 91068 $8.00 HANSON, JEANETTE LESSONS/CLASSES OAK POINT LESSONS 91069 $1,451.00 INTERNATIONAL UNION OF OPERATI UNION DUES WITHHELD FD 10 ORG 91070 $33.00 JOHNSON, LORI LESSONS/CLASSES OAK POINT LESSONS 91071 $2,510.00 LAN CONSTRUCTION SYSTEM ACCESS-WATER UTILITY RESERVE 91072 $36.00 LARSON, LORI LESSONS/CLASSES POOL LESSONS 9 COUNCIL CHECK REGISrEa 28-SEP-2000 (09 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 91073 $250.00 MAGUIRE, CHARLIE OTHER CONTRACTED SERVICES SUNBONNET DAYS 91074 $125.00 MAHA DISTRICT 6 OPERATING SUPPLIES-GENERAL ICE ARENA 91075 $117.32 MERLINS ACE HARDWARE REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 91076 $1,349.62 MINNEGASCO GAS FIRE STATION #5 91079 $69.00 MOULDER, SUE LESSONS/CLASSES OAK POINT LESSONS 91080 $261.00 NCPERS GROUP LIFE INSURANCE LIFE INSURANCE W/H FD 10 ORG 91081 $150.00 PETTY CASH - TRIA MANN OPERATING SUPPLIES-GENERAL SUNBONNET DAYS 91082 $510.00 PJS SERVICES & PRODUCTS OTHER CONTRACTED SERVICES SUNBONNET DAYS 91083 $56,368.29 PUBLIC EMPLOYEES RETIREMENT PERA WITHHELD FD 10 ORG 91084 $50.78 PUBLIC EMPLOYEES RETIREMENT AS PERA WITHHELD FD 10 ORG 91085 $80.00 STEIN, DONA PARKING PERMITS Parking 91086 $59.50 TROUP, ROBYN OTHER CONTRACTED SERVICES SPORTS/SPECIAL CAMPS 91087 $25.29 VAUGHAN, BRYAN MILEAGE AND PARKING RILEY LAKE-BEACH 91088 $94.45 WEST WELD EQUIPMENT PARTS EQUIPMENT MAINTENANCE 91089 $250.00 WILD GOOSE CHASE CLOGGERS OTHER CONTRACTED SERVICES SUNBONNET DAYS 91090 $367.50 MINNESOTA SUPER CENTER INC INSTRUCTOR SERVICE WINTER SKILL DEVELOP 91091 $331.50 HOEN, COREY OTHER CONTRACTED SERVICES SOFTBALL 91092 $30.00 UNIVERSITY OF MINNESOTA CONFERENCE COUNCIL 91093 $1,077.63 US POSTMASTER - HOPKINS POSTAGE WATER ACCOUNTING 91094 $50,000.00 BEST BUY DEPOSITS ESCROW 91095 $5.00 DRIVER & VEHICLE SERVICES OPERATING SUPPLIES-GENERAL SENIOR CENTER PROGRAM 91096 $40.00 HENNEPIN COUNTY TREASURER SCHOOLS POLICE 91097 $42.00 HOFFHINES, ETHEL SR CITIZENS/ADULT PROG FEES ADULT PROGRAM 91098 $135.23 JUSTUS LUMBER COMPANY BUILDING MATERIALS STREET MAINTENANCE 91099 $10.00 MANAGEMENT LEARNING LABORATORI OPERATING SUPPLIES-GENERAL PARK/REC ADMIN 91100 $305.15 VANSICKLE, PATTI SCHOOLS IN SERVICE TRAINING • 91101 $196,465.50 METROPOLITAN COUNCIL DUE TO OTHER GOVNT UNITS SAC AGENCY FUND 91102 $228.38 MINNESOTA BUSINESS FORMS OFFICE SUPPLIES GENERAL 91103 $108.00 MINNESOTA DEPT OF PUBLIC SAFET BIKE REGISTRATIONS FD 10 ORG 91104 $35.00 MINNESOTA HISTORICAL SOCIETY CONFERENCE IN SERVICE TRAINING 91105 $12,388.58 MINNESOTA STATE TREASURER BLDG SURCHARGES BUILDING SURCHARGE 91106 $390.00 MN FALL MAINTENANCE EXPO CONFERENCE IN SERVICE TRAINING 91107 $35.10 MUELLER, CYNTHIA MILEAGE AND PARKING RILEY LAKE-BEACH 91108 $104.88 RIGID HITCH INCORPORATED EQUIPMENT PARTS EQUIPMENT MAINTENANCE 91109 $24.75 SABRE HEATING AND AC CASH OVER/SHORT FD 10 ORG 91110 $1,112.00 SCIENCE MUSEUM OF MINNESOTA CONFERENCE IN SERVICE TRAINING 91111 $154.58 SUPERIOR SHORES TRAVEL POLICE 91112 $34.50 UNITED WAY FIRST CALL FOR HELP OPERATING SUPPLIES-GENERAL REC SUPERVISOR 91113 $655.00 UNIVERSITY OF MINNESOTA CONFERENCE IN SERVICE TRAINING 91114 $1,423.17 US WEST COMMUNICATIONS TELEPHONE FIRE 91115 $297.41 WASTE MANAGEMENT-SAVAGE MN WASTE DISPOSAL PRAIRIE VILLAGE LIQUOR #1 91116 $108.88 WESTACOTT, JOEL MILEAGE AND PARKING HUMAN RESOURCES 91117 $20.00 WOMEN IN LEISURE SERVICES DUES & SUBSCRIPTIONS IN SERVICE TRAINING 91118 $8,607.95 WORK CONNECTION, THE OTHER CONTRACTED SERVICES PARK MAINTENANCE 91119 $76.00 ANDERSON, BETTY WAGES NO BENEFITS ELECTION 91120 $166.50 ANDERSON, ELIZABETH C. WAGES NO BENEFITS ELECTION 91121 $136.00 ANDERSON, FERN WAGES NO BENEFITS ELECTION 91122 $72.00 ANDERSON, RITA L. WAGES NO BENEFITS ELECTION 91123 $72.00 ARIETA, NANCY WAGES NO BENEFITS ELECTION 91124 $84.00 AUTIO, NANCY WAGES NO BENEFITS ELECTION 91125 $104.00 BARTOLETT, JUDITH WAGES NO BENEFITS ELECTION 91126 $154.30 BEAUVAIS, BERNADINE WAGES NO BENEFITS ELECTION 91127 $80.00 BECKWITH, JOHN WAGES NO BENEFITS ELECTION 91128 $132.00 BERG, KENNETH WAGES NO BENEFITS ELECTION 91129 $136.00 BJORNLIE, CLAYTON WAGES NO BENEFITS ELECTION COUNCIL CHECK REGISrJ3t 28-SEP-2000 (09 CHECK NO CtCK AMOUNT VENDOR DESCRIPTION PROGRAM 91130 $136.00 BJORNLIE, VIRGINIA WAGES NO BENEFITS ELECTION 91131 $136.00 BOEHNE, GORDON W WAGES NO BENEFITS ELECTION 91132 $136.00 BOLLER, DONNA WAGES NO BENEFITS ELECTION 91133 $136.00 BOLLWEG, NANCY WAGES NO BENEFITS ELECTION 91134 $167.80 BROWN, DOLORES V. WAGES NO BENEFITS ELECTION 91135 $72.00 BROWN, DORIS WAGES NO BENEFITS ELECTION 91136 $171.00 BROWN, RICHARD WAGES NO BENEFITS ELECTION 91137 $64.00 BRUENING, PAUL WAGES NO BENEFITS ELECTION 91138 $80.00 CABA, DOROTHY A. WAGES NO BENEFITS ELECTION 91139 $72.00 CANAKES, EILEEN WAGES NO BENEFITS ELECTION 91140 $164.25 CARLIN, F PAIGE WAGES NO BENEFITS ELECTION 91141 $80.00 CHABOT, SANDRA J. WAGES NO BENEFITS ELECTION 91142 $136.00 CHEVALIER, JEANNE M. WAGES NO BENEFITS ELECTION 91143 $171.00 CLARK, FAY WAGES NO BENEFITS ELECTION 91144 $80.00 COFER, MARVIN WAGES NO BENEFITS ELECTION 91145 $80.00 COLEHOUR, SYLVIA J. WAGES NO BENEFITS ELECTION 91146 $80.00 CONRADI, CONNIE WAGES NO BENEFITS ELECTION 91147 $136.00 DALUGE, AGNES WAGES NO BENEFITS ELECTION 91148 $166.50 DALUGE, WILLARD WAGES NO BENEFITS ELECTION 91149 $136.00 DALY, JANE WAGES NO BENEFITS ELECTION 91150 $80.00 DANIEL, DORIS M. WAGES NO BENEFITS ELECTION 91151 $80.00 DANIEL, THOMAS C. WAGES NO BENEFITS ELECTION 91152 $136.00 DILLING, LORRAINE WAGES NO BENEFITS ELECTION 91153 $136.00 DOCTER, GRETCHEN K. WAGES NO BENEFITS ELECTION 91154 $64.00 DWYER, ROSALEE WAGES NO BENEFITS ELECTION 91155 $96.00 ECKHARDT, GARY S. WAGES NO BENEFITS ELECTION 91156 $72.00 EGGEBRECHT, WANDA WAGES NO BENEFITS ELECTION 91157 $159.75 ELLISON, LORETTA WAGES NO BENEFITS ELECTION 91158 $72.00 ENGEL, CYNTHIA A. WAGES NO BENEFITS ELECTION 91159 $136.00 ENGELMAN, VIRGINIA WAGES NO BENEFITS ELECTION 91160 $80.00 ENGELSTAD, CALVIN WAGES NO BENEFITS ELECTION 91161 $80.00 FIFIELD, DOROTHY WAGES NO BENEFITS ELECTION 91162 $84.00 FITZSIMMONS, MARGARET WAGES NO BENEFITS ELECTION 91163 $56.00 FRISVOLD, CHERYL WAGES NO BENEFITS ELECTION 91164 $136.00 GILBERT, GORDON WAGES NO BENEFITS ELECTION 91165 $80.00 GILBERT, S. JUNE WAGES NO BENEFITS ELECTION 91166 $80.00 GLEASON, JULIET WAGES NO BENEFITS ELECTION 91167 $80.00 GORDON, ELAINE WAGES NO BENEFITS ELECTION 91168 $134.00 GRIER, RALPH WAGES NO BENEFITS ELECTION 91169 $80.00 HAAS, GERALD WAGES NO BENEFITS ELECTION 91170 $80.00 HAAS, RHODA WAGES NO BENEFITS ELECTION 91171 $80.00 HANSEN, CLAUDINE A. WAGES NO BENEFITS ELECTION 91172 $64.00 HANSEN, JOHN WAGES NO BENEFITS ELECTION 91173 $132.00 HANSEN, KERMIT P. WAGES NO BENEFITS ELECTION 91174 $136.00 HANSON, JUNE WAGES NO BENEFITS ELECTION 91175 $173.60 HANSON, RUSSELL WAGES NO BENEFITS ELECTION 91176 $72.00 HARRIS, KAREN WAGES NO BENEFITS ELECTION 91177 $72.00 HARRIS, MARCY WAGES NO BENEFITS ELECTION 91178 $72.00 HARRIS, MELISSA WAGES NO BENEFITS ELECTION 91179 $68.00 HARRIS, NORMAN WAGES NO BENEFITS ELECTION 91180 $70.00 HARRIS, RUTH WAGES NO BENEFITS ELECTION 91181 $136.00 HARVEY, SUSAN Z. WAGES NO BENEFITS ELECTION 91182 $108.00 HEDBERG, SUSAN WAGES NO BENEFITS ELECTION 91183 $169.69 HEGGE, CAROL WAGES NO BENEFITS ELECTION 91184 $80.00 HILK, ROSEMARIE WAGES NO BENEFITS ELECTION 11 COUNCIL CHECK REGISZER 28-SEP-2000 (09: CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 91185 $164.28 HILLMAN, KAREN S. WAGES NO BENEFITS ELECTION 91186 $80.00 HOLDEN, NANCY WAGES NO BENEFITS ELECTION 91187 $80.00 HOLTZMAN, BONNIE WAGES NO BENEFITS ELECTION 91188 $136.00 HOOD, CHARLOTTE WAGES NO BENEFITS ELECTION 91189 $80.00 ISENSEE, GLEN H. WAGES NO BENEFITS ELECTION 91190 $136.00 JEDLICKA, LEROY WAGES NO BENEFITS ELECTION 91191 $80.00 JEDLICKA, LOIS WAGES NO BENEFITS ELECTION 91192 $72.00 KENNEDY, MARILYN L. WAGES NO BENEFITS ELECTION 91193 $191.00 KENNEDY, RICHARD WAGES NO BENEFITS ELECTION 91194 $136.00 KIELBLOCK, PHYLLIS F. WAGES NO BENEFITS ELECTION 91195 $136.00 KLEIN, DELORES WAGES NO BENEFITS ELECTION 91196 $136.00 KNUDSON, STANLEY WAGES NO BENEFITS ELECTION 91197 $72.00 KRAUSE, JODY WAGES NO BENEFITS ELECTION 91198 $96.00 LARSON, DAVID E. WAGES NO BENEFITS ELECTION 91199 $136.00 LAWLESS, RUTH WAGES NO BENEFITS ELECTION 91200 $132.00 LITTLE, NANCY WAGES NO BENEFITS ELECTION 91201 $136.00 MACDONALD, ELAINE WAGES NO BENEFITS ELECTION 91202 $136.00 MADDY, VICKI WAGES NO BENEFITS ELECTION 91203 $72.00 MARQUARDT, ESTHER WAGES NO BENEFITS ELECTION 91204 $72.00 MATTS, BECKY L. WAGES NO BENEFITS ELECTION 91205 $72.00 MAUNU, ELIZABETH WAGES NO BENEFITS ELECTION 91206 $140.00 MCCOY, LYNN WAGES NO BENEFITS ELECTION 91207 $72.00 MCKINSEY, MARY E. WAGES NO BENEFITS ELECTION 91208 $136.00 MCTARSNEY, SEAN WAGES NO BENEFITS ELECTION 91209 $136.00 MEISSNER, LOIS A. WAGES NO BENEFITS ELECTION 91210 $132.00 MILLBERG, KATHLEEN WAGES NO BENEFITS ELECTION • 91211 $136.00 MILLER, JAMES WAGES NO BENEFITS ELECTION 91212 $140.00 MORAN, MAXINE WAGES NO BENEFITS ELECTION 91213 $134.00 MORSHARE, ROBERT N. WAGES NO BENEFITS ELECTION 91214 $16.00 MORSHARE, ROSEMARY K. WAGES NO BENEFITS ELECTION 91215 $80.00 MUNSON, LOIS WAGES NO BENEFITS ELECTION 91216 $80.00 MUNSON, WENDELL WAGES NO BENEFITS ELECTION 91217 $290.00 MYHRE, JOYCE WAGES NO BENEFITS ELECTION 91218 $136.00 NELSON, CAROLINE WAGES NO BENEFITS ELECTION 91219 $138.00 NELSON, DONALD A. WAGES NO BENEFITS ELECTION 91220 $168.45 NICHOLSON, KATHLYN WAGES NO BENEFITS ELECTION 91221 $136.00 NIERMAN, MARY WAGES NO BENEFITS ELECTION 91222 $136.00 NIPPER, VICTORIA WAGES NO BENEFITS ELECTION 91223 $160.10 NORMAN, KAREN WAGES NO BENEFITS ELECTION 91224 $64.00 NYLANDER, AMY WAGES NO BENEFITS ELECTION 91225 $72.00 OSTENSON, JAQUELYN WAGES NO BENEFITS ELECTION 91226 $136.00 PATREK, WILLIAM WAGES NO BENEFITS ELECTION 91227 $72.00 PENZEL, HEATHER H. WAGES NO BENEFITS ELECTION 91228 $136.00 PETERSON, GERALDINE WAGES NO BENEFITS ELECTION 91229 $72.00 PRATT, SUSAN L. WAGES NO BENEFITS ELECTION 91230 $74.00 PRENTICE, JACALYN WAGES NO BENEFITS ELECTION 91231 $132.00 REBHOLZ, CAROLYN F. WAGES NO BENEFITS ELECTION 91232 $80.00 RENK, BERNARD J. WAGES NO BENEFITS ELECTION 91233 $68.00 RHEAUME, ELIZABETH WAGES NO BENEFITS ELECTION 91234 $136.00 RICHTER, HELEN WAGES NO BENEFITS ELECTION 91235 $80.00 RIKER, STELLA WAGES NO BENEFITS ELECTION 91236 $136.00 RISCHMILLER, DAWN WAGES NO BENEFITS ELECTION 91237 $136.00 ROGERS, KAREN WAGES NO BENEFITS ELECTION 91238 $136.00 RUGGLES, DY-ANNA WAGES NO BENEFITS ELECTION 91239 $136.00 SAUNDERS, CYNTHIA WAGES NO BENEFITS ELECTION I -C), COUNCIL CHECK REGISIk±t 28-SEP-2000 (09: CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 91240 $140.00 SCHAITBERGER, BETTY WAGES NO BENEFITS ELECTION 91241 $144.00 SCHNEIDER, GEORGE WAGES NO BENEFITS ELECTION 91242 $72.00 SCHNEIDER, LINDA WAGES NO BENEFITS ELECTION 91243 $136.00 SCHNEIDER, LLOYD WAGES NO BENEFITS ELECTION 91244 $171.00 SHOLD, DAVID WAGES NO BENEFITS ELECTION 91245 $80.00 SHOLD, GLENNA WAGES NO BENEFITS ELECTION 91246 $136.00 SIMENSON, GLADYS WAGES NO BENEFITS ELECTION 91247 $72.00 SMITH BAKER, LISA R. WAGES NO BENEFITS ELECTION 91248 $72.00 SODT, PAUL WAGES NO BENEFITS ELECTION 91249 $80.00 SOLUM, GLORIA WAGES NO BENEFITS ELECTION 91250 $72.00 SPRINGER, GERALD WAGES NO BENEFITS ELECTION 91251 $136.00 STARR, BRAD WAGES NO BENEFITS ELECTION 91252 $140.00 STAUNER, GERALD WAGES NO BENEFITS ELECTION 91253 $140.00 STAUNER, SHIRLEY WAGES NO BENEFITS ELECTION 91254 $159.75 STEINMETZ, BARBARA A. WAGES NO BENEFITS ELECTION 91255 $144.00 STEINMETZ, JACK WAGES NO BENEFITS ELECTION 91256 $68.00 STEWART, GRACE WAGES NO BENEFITS ELECTION 91257 $136.00 TAGGATZ, ELEANOR WAGES NO BENEFITS ELECTION 91258 $136.00 TAGGATZ, EUGENE K. WAGES NO BENEFITS ELECTION 91259 $48.10 THIELMAN, LEANN WAGES NO BENEFITS ELECTION 91260 $80.00 THOMPSON, CLARENCE WAGES NO BENEFITS ELECTION 91261 $72.00 THOMPSON, GERALD WAGES NO BENEFITS ELECTION • 91262 $76.00 THOMPSON, JANE WAGES NO BENEFITS ELECTION 91263 $80.00 THOMPSON, LEATRICE WAGES NO BENEFITS ELECTION 91264 $72.00 THOMPSON, NANCY WAGES NO BENEFITS ELECTION 91265 $80.00 TRIMBO, LAUREL WAGES NO BENEFITS ELECTION 91266 $159.75 VICKMAN, KAREN WAGES NO BENEFITS ELECTION 91267 $72.00 VOGEL, MARY WAGES NO BENEFITS ELECTION 91268 $80.00 WAHL, WAYNE WAGES NO BENEFITS ELECTION 91269 $140.00 WEILER, JAMES D. WAGES NO BENEFITS ELECTION 91270 $76.00 WESTBY, NANCY WAGES NO BENEFITS ELECTION ' 91271 $80.00 WESTREM, MARY A. WAGES NO BENEFITS ELECTION 91272 $76.00 WHITING, THERESA J. WAGES NO BENEFITS ELECTION 91273 $80.00 WILDFANG, GENEVIEVE P. WAGES NO BENEFITS ELECTION 91274 $224.25 WILLIAMS, EUGENIA WAGES NO BENEFITS ELECTION 91275 $136.00 WILSON, JOANNE WAGES NO BENEFITS ELECTION 91276 $144.00 WINANS, ARNESTER WAGES NO BENEFITS ELECTION 91277 $80.00 WINKEL, DORTHA WAGES NO BENEFITS ELECTION 91278 $104.00 WINSLOW, JACK WAGES NO BENEFITS ELECTION 91279 $153.00 WITTENBERG, MARIE WAGES NO BENEFITS ELECTION 91280 $166.50 WRONSKI, JO ANN WAGES NO BENEFITS ELECTION 91281 $28,411.24 COMMISSIONER OF TRANSPORTATION IMPROVEMENT CONTRACTS 212 & CSAH 4 INTERCHANGE 91282 $223.15 GLENROSE FLORAL AND GIFT SHOPS EMPLOYEE AWARD HUMAN RESOURCES 91283 $47.00 KAKKAD, MAMTA LESSONS/CLASSES OAK POINT LESSONS 91284 $127.50 LENZ, DENISE ADULT RESIDENT MEMBERSHIP COMMUNITY CENTER ADMIN 91285 $40.92 MINNCOMM PAGING COMMUNICATIONS WATER SYSTEM MAINTENANCE 91286 $180.00 MINNESOTA GIS/LIS CONFERENCE CONFERENCE IN SERVICE TRAINING 91287 $166.00 MRPA CONFERENCE IN SERVICE TRAINING 91288 $80.00 NELSON, PAM PARKING PERMITS Parking 91289 $80.00 PEARSON, GEORGE H. WAGES NO BENEFITS ELECTION 91290 $125.00 RICHARDSON, JIM TRAVEL IN SERVICE TRAINING 91291 $50.00 SALEM, ANNEVA ADULT/YOUTH/OUTDOOR CTR PROG OUTDOOR CTR PROGRAM 91292 $25.00 SCHMITZ, WENDY EMPLOYEE AWARD HUMAN RESOURCES 91293 $165.50 SNELL MECHANICAL INC REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 91294 $49.50 SORENSEN, ED TRAVEL WATER UTILITY-GENERAL )3 COUNCIL CHECK REGISTER 28-SEP-2000 (09: CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 91295 $155.87 ACE ICE COMPANY MISC TAXABLE PRAIRE VIEW LIQUOR #3 91296 $40.60 AMERIPRIDE LINEN & APPAREL SER OTHER CONTRACTED SERVICES LIQUOR STORE CUB FOODS 91297 $1,918.81 BELLBOY CORPORATION WINE IMPORTED LIQUOR STORE CUB FOODS 91298 $5,410.55 DAY DISTRIBUTING BEER 6/12 PRAIRE VIEW LIQUOR #3 91299 $2,963.27 EAGLE WINE COMPANY WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1 91301 $20,156.75 EAST SIDE BEVERAGE COMPANY BEER 6/12 PRAIRE VIEW LIQUOR #3 91302 $105.90 GETTMAN COMPANY MISC TAXABLE PRAIRIE VILLAGE LIQUOR #1 91303 $73.00 GRAPE BEGINNINGS WINE DOMESTIC PRAIRIE VILLAGE LIQUOR #1 91304 $8,697.43 GRIGGS COOPER & CO MERCHANDISE FOR RESALE LIQUOR STORE CUB FOODS 91306 $22,676.58 JOHNSON BROTHERS LIQUOR CO WINE DOMESTIC PRAIRE VIEW LIQUOR #3 91310 $2,301.29 LAKE REGION VENDING TOBACCO PRODUCTS LIQUOR STORE CUB FOODS 91311 $14,971.94 MARK VII BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 91312 $574.95 NORTH STAR ICE MISC TAXABLE LIQUOR STORE CUB FOODS 91313 $2,791.94 PAUSTIS & SONS COMPANY WINE DOMESTIC LIQUOR STORE CUB FOODS 91314 $971.45 PEPSI COLA COMPANY MERCHANDISE FOR RESALE CONCESSIONS 91315 $4,524.85 PHILLIPS WINE AND SPIRITS INC BEER 6/12 LIQUOR STORE CUB FOODS 91317 $1,392.62 PINNACLE DISTRIBUTING MISC TAXABLE PRAIRE VIEW LIQUOR #3 91318 $1,334.58 PRIOR WINE COMPANY WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1 91319 $9,535.91 QUALITY WINE & SPIRTS CO WINE IMPORTED LIQUOR STORE CUB FOODS 91321 $27,662.25 THORPE DISTRIBUTING BEER 6/12 LIQUOR STORE CUB FOODS 91322 $239.00 VINTAGE ONE WINES INC WINE DOMESTIC PRAIRIE VILLAGE LIQUOR #1 91323 $799.69 WINE COMPANY, THE WINE DOMESTIC LIQUOR STORE CUB FOODS 91324 $180.00 AARP 55 ALIVE MATURE DRIVING SPECIAL EVENTS FEES SENIOR CENTER PROGRAM 91325 $202.59 PETTY CASH EMPLOYEE AWARD HUMAN RESOURCES 91326 $545.00 UNIVERSITY OF MINNESOTA CONFERENCE IN SERVICE TRAINING 91327 $2.89 AT&T TELEPHONE GENERAL 91328 $4.53 AT&T TELEPHONE PRAIRE VIEW LIQUOR #3 91329 $5.00 CARLIN, GENE SR CITIZENS/ADULT PROG FEES SENIOR CENTER PROGRAM 91330 $75.00 DUBOIS,JANET INSTRUCTOR SERVICE OUTDOOR CTR PROGRAM 91331 $1,704.50 GIRL SCOUT TROOP 1254 OPERATING SUPPLIES-GENERAL SUNBONNET DAYS 91332 $60.34 HENNEPIN COUNTY TREASURER WASTE DISPOSAL PARK MAINTENANCE 91333 $486.86 HENNEPIN COUNTY WASTE DISPOSAL PARK MAINTENANCE 91334 $120.00 HENNEPIN TECHNICAL COLLEGE LICENSES & TAXES PARK/REC ADMIN 91335 $2,310.00 EDEN PRAIRIE SCHOOL DISTRICT N CONFERENCE IN SERVICE TRAINING 91336 $20.00 COMPUTER CHEQUE OF MINNESOTA I OTHER CONTRACTED SERVICES PRAIRIE VILLAGE LIQUOR #1 91337 $562.99 J H LARSON ELECTRICAL COMPANY REPAIR & MAINT SUPPLIES FIRE STATION #3 91338 $166.50 LAMBERT, BOB DUES & SUBSCRIPTIONS IN SERVICE TRAINING 91339 $275.00 LAWLEY PUBLICATIONS DUES & SUBSCRIPTIONS IN SERVICE TRAINING 91340 $40.00 LINNAUES, LOUISE INSTRUCTOR SERVICE OUTDOOR CTR PROGRAM 91341 $30.00 M SHANKEN COMMUNICATIONS INC MISC NON-TAXABLE PRAIRIE VILLAGE LIQUOR #1 91342 $37.00 MCPHEE, BONNIE LESSONS/CLASSES POOL LESSONS 91343 $696.36 MINNESOTA VALLEY ELECTRIC COOP ELECTRIC RILEY LAKE 91344 $101.00 PJS SERVICES & PRODUCTS OTHER CONTRACTED SERVICES SUNBONNET DAYS 91345 $27.00 SEIFERT, PATRICIA & VIRGIL SR CITIZENS/ADULT PROG FEES SENIOR CENTER PROGRAM 91346 $19.82 TORMOEN, JUDY MILEAGE AND PARKING SENIOR CENTER PROGRAM 91347 $110.00 UNIVERSITY OF MINNESOTA CONFERENCE IN SERVICE TRAINING 91348 $342.17 UNLIMITED SUPPLIES INC CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 91349 $4,724.27 US WEST COMMUNICATIONS TELEPHONE WATER TREATMENT PLANT 91351 $588.07 AIRTOUCH CELLULAR, BELLEVUE TELEPHONE GENERAL 91352 $1,398.00 JOHNSON BROTHERS LIQUOR CO WINE DOMESTIC LIQUOR STORE CUB FOODS 91353 $4.99 MARK VII BEER 6/12 LIQUOR STORE CUB FOODS 91354 $4,603.06 QUALITY WINE & SPIRTS CO WINE DOMESTIC LIQUOR STORE CUB FOODS 91356 $2,723.82 THORPE DISTRIBUTING BEER 6/12 LIQUOR STORE CUB FOODS 91357 $500.00 COLUMBINE TOWNHOMES HOPE LOAN RECEIVABLE HOPE LOAN DAMAGE DEPOSIT 91358 $331.80 CONNEY SAFETY PRODUCTS SAFETY SUPPLIES EQUIPMENT MAINTENANCE H COUNCIL CHECK REGISTER 28-SEP-2000 (09: CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 91359 $335.38 GLENROSE FLORAL AND GIFT SHOPS EMPLOYEE AWARD HUMAN RESOURCES 91360 $46.16 JASMINE Z. KELLER GARNISHMENT WITHHELD FD 10 ORG 91361 $28.80 KRESS, CARLA OPERATING SUPPLIES-GENERAL ADAPTIVE RECREATION 91362 $137,909.12 MEDICA CHOICE COBRA COSTS/REV BENEFITS 91363 $1,226.38 MINN CHILD SUPPORT PAYMENT CTR GARNISHMENT WITHHELD FD 10 ORG 91364 $620.00 MMBA DUES & SUBSCRIPTIONS LIQUOR STORE CUB FOODS 91365 $10.43 NORTHERN STATES POWER CO . ELECTRIC STORMWATER LIFTSTATION 91366 $57,115.52 PUBLIC EMPLOYEES RETIREMENT PERA WITHHELD FD 10 ORG 91367 $50.78 PUBLIC EMPLOYEES RETIREMENT AS PERA WITHHELD FD 10 ORG 91368 $2,901.95 RICHFIELD, CITY OF AUTOS P/W REVOLVING FUND 91369 $119.60 SCHEPERS, JACK MILEAGE AND PARKING PRAIRIE VILLAGE LIQUOR #1 91370 $45.00 SENIOR COMMUNITY SERVICES SPECIAL EVENTS FEES SENIOR CENTER PROGRAM 91371 $42.00 ANDERSON, EDIE SR CITIZENS/ADULT PROG FEES ADULT PROGRAM 91372 $27.49 AT&T TELEPHONE WATER UTILITY-GENERAL 91373 $39.86 BONJOUR, STEPHANIE LESSONS/CLASSES FITNESS CLASSES 91374 $60.00 BRYAN, DEBRA ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 91375 $80.00 CITY ENGINEERS ASSOC OF MINNES DUES & SUBSCRIPTIONS IN SERVICE TRAINING 91376 $65.00 DALLAND, DAVID ADULT/YOUTH/OUTDOOR CTR PROG OUTDOOR CTR PROGRAM 91377 $32.00 DAYTON, MIKE LESSONS/CLASSES POOL LESSONS 91378 $63.00 DEERING, CINDY ADULT/YOUTH/OUTDOOR CTR PROG FALL SKILL DEVELOP 91379 $32.00 DUNFORD, MIKE ADULT/YOUTH/OUTDOOR CTR PROG FALL SKILL DEVELOP 91380 $49.00 FACILITECH CASH OVER/SHORT FD 10 ORG 91381 $60.00 FRAUSTO, DIAANNA SR CITIZENS/ADULT PROG FEES ADULT PROGRAM 91382 $196.51 GE CAPITAL RENTALS GENERAL 91383 $116.86 HOME DEPOT/GECF OPERATING SUPPLIES-GENERAL FIRE 91384 $64.80 IKON OFFICE SOLUTIONS* RENTALS FIRE 91385 $35.00 JOHNSON, STEVE ADULT/YOUTH/OUTDOOR CTR PROG FALL SKILL DEVELOP 91386 $35.00 KLOECKER, LINDA SPECIAL COMMUNITY EVENTS ADAPTIVE RECREATION 91387 $91.65 KOTCHEVER, SUSAN TRAVEL IN SERVICE TRAINING 91388 $22.00 LEONARD, NORMA ADULT/YOUTH/OUTDOOR CTR PROG YOUTH TENNIS 91389 $35.00 MALLORY, BONNIE ADULT/YOUTH/OUTDOOR CTR PROG FALL SKILL DEVELOP 91390 $84.00 MARQUARDT, ESTHER SR CITIZENS/ADULT PROG FEES ADULT PROGRAM 91391 $65.00 MCCARTAN, PEGGY LESSONS/CLASSES ICE ARENA 91392 $84.00 MCCARTHY, BOB SR CITIZENS/ADULT PROG FEES ADULT PROGRAM 91393 $177,544.00 METROPOLITAN COUNCIL ENVIRONME WASTE DISPOSAL SEWER UTILITY-GENERAL 91394 $389.52 MINNESOTA BUSINESS FORMS OFFICE SUPPLIES GENERAL 91395 $25.00 NATARIUS, YURLY ADULT/YOUTH/OUTDOOR CTR PROG YOUTH TENNIS 91396 $6.00 NORD, JOHN C/C MISC REVENUE COMMUNITY CENTER ADMIN 91397 $13,214.31 NORTHERN STATES POWER CO PRINCIPAL TRAFFIC SIGNALS 91398 $35.00 OVERBY, JIM ADULT/YOUTH/OUTDOOR CTR PROG FALL SKILL DEVELOP 91399 $735.18 PITNEY BOWES POSTAGE GENERAL 91400 $35.00 PRICE, ANGELA ADULT/YOUTH/OUTDOOR CTR PROG FALL SKILL DEVELOP 91401 $26.17 PRIES, BARBARA LESSONS/CLASSES ICE ARENA 91402 $56.00 PUDAS, LIZ LESSONS/CLASSES OAK POINT LESSONS 91403 $60.00 RANKIN, RON SR CITIZENS/ADULT PROG FEES ADULT PROGRAM 91404 $8,918.82 RELIANT ENERGY RETAIL INC. GAS EPCC MAINTENANCE 91405 $68.00 REYNOLDS, DAWN LESSONS/CLASSES ICE ARENA 91406 $554.00 RICHFIELD, CITY OF CUSTOMER #60002 BENEFITS 91407 $12.00 RIVEN SERVICES CASH OVER/SHORT FD 10 ORG 91408 $80.00 RUTHERFORD, CHRIS PARKING PERMITS Parking 91409 $35.00 SARKARI, JYOTSNA ADULT/YOUTH/OUTDOOR CTR PROG PRESCHOOL EVENTS 91410 $25.00 SCHAFFER, MARJORIE ADULT/YOUTH/OUTDOOR CTR PROG FALL SKILL DEVELOP 91411 $68.00 SCHOFIELD, ANN LESSONS/CLASSES ICE ARENA 91412 $25.00 CURTIS, TRACY LICENSES & TAXES GENERAL 91413 $24.00 SELCKE, DEBORAH LESSONS/CLASSES POOL LESSONS le5 COUNCIL CHECK REGISTER 28-SEP-2000 (09: CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 91414 $25.00 SMITH, CINDY ADULT/YOUTH/OUTDOOR CTR PROG FALL SKILL DEVELOP 91415 $7.00 STAPLES, JANET ADULT/YOUTH/OUTDOOR CTR PROG OUTDOOR CTR PROGRAM 91416 $30.50 STOCKER EXCAVATING BLDG SURCHARGES PLUMBING SURCHARGE 91417 $65.00 STRONG, GERALYN LESSONS/CLASSES ICE ARENA 91418 $130.00 THAKKER, CHARITA LESSONS/CLASSES ICE ARENA 91419 $35.00 USULOGLU, CANAN ADULT/YOUTH/OUTDOOR CTR PROG FALL SKILL DEVELOP 91420 $186.25 VALLEY POOLS BLDG SURCHARGES BUILDING SURCHARGE 91421 $709.00 WRIGHT, IRENE TRAVEL IN SERVICE TRAINING 91422 $224.26 A TO Z RENTAL CENTER EQUIPMENT RENTAL FLYING CLOUD ATHLETIC FIELDS 91423 $170.59 AABACO INDUSTRIES INC. OPERATING SUPPLIES-GENERAL TRAFFIC SIGNALS 91424 $416.00 ALL TEST & INSPECTION EQUIPMENT TESTING & CERT EQUIPMENT MAINTENANCE 91425 $783.75 ANCHOR PAPER COMPANY OFFICE SUPPLIES GENERAL 91426 $952.07 ANCHOR PRINTING COMPANY ' • PRINTING SUNBONNET DAYS 91427 $510.76 ARMOR SECURITY INC CONTRACTED REPAIR & MAINT OUTDOOR CENTER-STARING LAKE 91428 $210.00 AUTOMATED ENTRANCE PRODUCTS IN CONTRACTED BLDG REPAIRS SENIOR CENTER 91429 $154.22 BAN-KOE SYSTEMS INC OPERATING SUPPLIES-GENERAL COMMUNITY CENTER ADMIN 91430 $2,364.94 BAUER BUILT TIRE AND BATTERY TIRES EQUIPMENT MAINTENANCE 91431 $1,591.09 BECKER ARENA PRODUCTS INC REPAIR & MAINT SUPPLIES ICE ARENA 91432 $410.20 BENSHOOF & ASSOCIATES INC DEPOSITS ESCROW 91433 $180.04 BERG BAG COMPANY OPERATING SUPPLIES-GENERAL TRAFFIC SIGNS 91434 $272.90 BETH AND MORLEY BURNETT OPERATING SUPPLIES-GENERAL ICE ARENA 91435 $5,090.88 BIFFS INC WASTE DISPOSAL PARK MAINTENANCE 91438 $70.00 BLOOMINGTON LOCK AND SAFE* OTHER CONTRACTED SERVICES PARK MAINTENANCE 91439 $3,876.00 BRENNER FLOOR CORPORATION CONTRACTED BLDG REPAIRS FACILITIES - COMMUNITY CENTER 91440 $1,428.09 C.I.D. CONTRACTED BLDG REPAIRS WATER TREATMENT PLANT 91441 $283.41 CARLSON TRACTOR AND EQUIPMENT EQUIPMENT PARTS EQUIPMENT MAINTENANCE 91442 $1,970.25 CARLSON'S TREE SERVICE OPERATING SUPPLIES-GENERAL TREE REMOVAL 91443 $339.33 CATCO CLUTCH & TRANSMISSION SE EQUIPMENT PARTS EQUIPMENT MAINTENANCE 91444 $2,280.99 CDW GOVERNMENT INC. COMPUTERS INFORMATION SYSTEM 91445 $1,379.18 CEMSTONE SIDEWALK REPLACEMENT TRAILS 91446 $530.86 CHANHASSEN BUMPER TO BUMPER EQUIPMENT PARTS EQUIPMENT MAINTENANCE 91447 $1,611.77 CHESLEY TRUCK SALES CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 91448 $1,331.25 CLARK'S STUMP REMOVAL OTHER CONTRACTED SERVICES TREE REMOVAL 91449 $90.00 CLOSED CIRCUIT SPECIALISTS INC CONTRACTED BLDG REPAIRS SENIOR CENTER 91450 $1,000.00 COLLINS TREE CARE & REMOVAL OTHER CONTRACTED SERVICES CEDAR FOREST UTILITY CONSTRUCT 91451 $576.60 CONSTRUCTION BULLETIN LEGAL NOTICES PUBLISHING, EVP EQUIP. ON MNDOT/TIF SIGNAL 91452 $84.77 COPY EQUIPMENT INC OPERATING SUPPLIES-GENERAL ENGINEERING DEPT 91453 $1,627.35 CORPORATE EXPRESS OFFICE SUPPLIES GENERAL 91454 $1,200.54 CRYSTEEL TRUCK EQUIPMENT INC NEW CAR EQUIPMENT EQUIPMENT MAINTENANCE 91455 $6,516.48 CUTLER-MAGNER COMPANY CHEMICALS WATER TREATMENT PLANT 91456 $63.90 DALE GREEN COMPANY, THE LANDSCAPE MTLS & AG SUPPL STREET MAINTENANCE 91457 $1,300.30 DANKO EMERGENCY EQUIPMENT CO CONTRACTED REPAIR & MAINT FIRE 91458 $45.00 DEM CON LANDFILL INC WASTE DISPOSAL STREET MAINTENANCE 91459 $1,502.05 DNR EMBROIDERY AWARDS SOFTBALL 91460 $2,343.00 DON'S SOD SERVICE IMPROVEMENT CONTRACTS RILEY LAKE PARK SHELTER (GRANT 91461 $1,980.50 DONS SOD SERVICE LANDSCAPE MTLS & AG SUPPL ROUND LK PARK K17 91462 $22,485.90 EARL F ANDERSEN INC PARK EQUIPMENT NESBITT PLAYSTRUCTURE 91463 $253.15 ECOLAB INC GROUNDS MAINTENANCE POLICE STATION 91464 $125.00 EDEN PRAIRIE NEWS DUES & SUBSCRIPTIONS FIRE 91465 $3,863.00 EKLUNDS TREE AND BRUSH DISPOSA WASTE DISPOSAL TREE REMOVAL 91466 $423.26 ENHANCE GRAPHICS INC. PRINTING OUTDOOR CTR PROGRAM 91467 $406.08 FACILITY SYSTEMS INC FURNITURE & FIXTURES FURNITURE ACCOUNT 91468 $3,500.00 FAMILY HOPE SERVICES PROFESSIONAL SERVICES HOUSING, TRANS, & SOC SVC 91469 $66.40 FERRELLGAS MOTOR FUELS ICE ARENA 91470 $162.78 THERMOGAS COMPANY MOTOR )'ULLS ICE ARENA I' COUNI'TT, CHECK REGISJ R 28-SEP-2000 (09: CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 91471 $42.60 FIRE INSTRUCTORS ASSOCIATION 0 TRAINING SUPPLIES FIRE 91472 $140.50 G & K SERVICES DIRECT PURCHASE CLOTHING & UNIFORMS EPCC MAINTENANCE 91473 $112.52 GINA MARIAS INC OPERATING SUPPLIES-GENERAL FIRE 91474 $1,944.99 GLS CLOTHING & UNIFORMS SUMMER SKILL DEVELOP 91475 $325.71 GREAT AMERICAN LEASING CORP. EQUIPMENT RENTAL GENERAL BUILDING FACILITIES 91476 $24,361.08 HANSEN THORP PELLINEN OLSON PROFESSIONAL SERVICES FOREST HILL ROAD 91477 $12,027.93 HARTLAND FUEL PRODUCTS LLC MOTOR FUELS EQUIPMENT MAINTENANCE 91478 $256.90 HAWK LABELING SYSTEMS SMALL TOOLS GENERAL BUILDING FACILITIES 91479 $277.92 HELLERS CARBONIC WEST CHEMICALS WATER TREATMENT PLANT 91480 $512.50 HENNEPIN COUNTY TREASURER OPERATING SUPPLIES-GENERAL COMMUNITY DEVELOPMENT 91481 $581,914.96 HENNEPIN COUNTY TREASURER RIGHT OF WAY & EASEMENTS TOWNLINE 91482 $146.00 HENNEPIN PARKS SPECIAL EVENTS FEES DAY CAMP 91483 $1,214.10 HERTZ EQUIPMENT RENTAL CORP EQUIPMENT RENTAL STREET MAINTENANCE 91484 $523.98 HIRSHFIELDS PAINT MANUFACTURIN OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 91485 $270.34 HUMAN SERVICES - EMSOCS OTHER CONTRACTED SERVICES PARK MAINTENANCE 91486 $696.67 HYDROLOGIC REPAIR & MAINT SUPPLIES PARK MAINTENANCE 91487 $45,371.52 EDEN PRAIRIE SCHOOL DISTRICT N TRANSPORTATION ACCESSIBILITY 91488 $474.10 INDUSTRIAL LIGHTING SUPPLY INC BLDG REPAIR & MAINT WATER TREATMENT PLANT 91489 $847.95 INGRAHAM & ASSOC DESIGN & CONST SMENTANA LAKE PROJECT 91490 $380.00 IPMA DUES & SUBSCRIPTIONS IN SERVICE TRAINING 91491 $639.98 ITS A KEEPER EMPLOYEE AWARD HUMAN RESOURCES 91492 $16.64 JRK INC. OPERATING SUPPLIES-GENERAL AFTER SCHOOL PROGRAM 91493 $3,738.00 KAMIDA PARK EQUIPMENT NESBITT PLAYSTRUCTURE 91494 $300.00 KERN, DEWENTER, VIERE LTD. PROFESSIONAL SERVICES FINANCE DEPT 91495 $23,826.00 KEYS WELL DRILLING COMPANY IMPROVEMENT CONTRACTS WELL 14 91496 $149.00 KOCH SULFUR PRODUCTS PATCHING ASPHALT STREET MAINTENANCE 91497 $3.62 KRAEMERS HARDWARE INC OPERATING SUPPLIES-GENERAL TREE DISEASE 91498 $820.00 KUNDE CO INC OTHER CONTRACTED SERVICES TREE REMOVAL 91499 $76.75 LAB SAFETY SUPPLY INC SAFETY SUPPLIES RISK MANAGEMENT 91500 $96.00 LAKE COUNTRY DOOR CONTRACTED BLDG REPAIRS FIRE STATION #1 91501 $1,135.46 LAMETTRYS COLLISION CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 91502 $3,796.62 LARKIN HOFFMAN DALY & LINDGREN LEGAL SERVICE COLUMBINE ROAD 91503 $18,041.49 LOGIS LOGIS SERVICE SEWER ACCOUNT 91504 $520.36 MACQUEEN EQUIPMENT INC EQUIPMENT PARTS EQUIPMENT MAINTENANCE 91505 $505.87 MARSHALLS FAMILY FARM MARKET LANDSCAPE MTLS & AG SUPPL SENIOR CITIZENS CENTER 91506 $304.50 MARTIN-MCALLISTER PHYSICAL & PSYCO EXAM HUMAN RESOURCES 91507 $139.49 MCGLYNN BAKERIES OPERATING SUPPLIES-GENERAL SENIOR CENTER PROGRAM 91508 $270.66 MENARDS OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 91509 $111.00 METRO LEGAL SERVICES INC PROFESSIONAL SERVICES 1999 REHAB 91510 $1,756.07 METRO SALES INCORPORATED* OFFICE SUPPLIES GENERAL 91511 $107.00 MIDWAY PARTY RENTAL INC. RENTALS .FIRE 91512 $2,204.17 MIDWEST ASPHALT CORPORATION WASTE BLACKTOP/CONCRETE STREET MAINTENANCE 91513 $16,559.00 MIDWEST PLAYSCAPES PARK EQUIPMENT ROUND LK PARK K17 91514 $93.16 MINN BLUE DIGITAL OPERATING SUPPLIES-GENERAL ENGINEERING DEPT 91515 $2,302.22 MINNESOTA VIKINGS FOOD SERVICE MISCELLANEOUS GENERAL BUILDING FACILITIES 91516 $597.54 MTI DISTRIBUTING CO EQUIPMENT PARTS EQUIPMENT MAINTENANCE 91517 $275.09 MUNICILITE EQUIPMENT PARTS EQUIPMENT MAINTENANCE 91518 $1,034.86 NEXUS INFORMATION SYSTEMS COMPUTERS INFORMATION SYSTEM 91519 $4.02 NORTHERN TOOL & EQUIPMENT CO. EQUIPMENT PARTS EQUIPMENT MAINTENANCE 91520 $24.26 NORTHSTAR REPO PRODUCTS INC OPERATING SUPPLIES-GENERAL ENGINEERING DEPT 91521 $89.46 OHLIN SALES OPERATING SUPPLIES-GENERAL TRAFFIC SIGNALS 91522 $2,077.82 OUTDOOR ENVIRONMENTS INC OTHER CONTRACTED SERVICES PARK MAINTENANCE 91523 $110.80 THE ICE MAN/CO2 SERVICES CHEMICALS POOL MAINTENANCE 91524 $51.93 PAPER DIRECT INC OFFICE SUPPLIES REC SUPERVISOR 91525 $11.76 PAPER WAREHOUSE EMPLOYEE AWARD HUMAN RESOURCES '1- COUNCIL CHECK REGISIEK 28-SEP-2000 (09: CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 91526 $390.81 J W PEPPER OF MINNEAPOLIS OPERATING SUPPLIES-GENERAL ART & MUSIC 91527 $2,660.00 PLEHAL BLACKTOPPING INC EQUIPMENT RENTAL TRAILS 91528 $1,257.66 PRAIRIE OFFSET PRINTING PRINTING INSPECTION-ADMIN 91529 $4,512.96 PRECISION PAVEMENT MARKING CONTRACTED STRIPING TRAFFIC SIGNS 91530 $109.85 PRIORITY COURIER EXPERTS CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 91531 $639.00 PROFILE EVALUATIONS INC PHYSICAL & PSYCO EXAM HUMAN RESOURCES 91532 $2,630.00 PROGRESSIVE CONSULTING ENGINEE OTHER CONTRACTED SERVICES WATER TREATMENT PLANT 91533 $32.65 QUICKSILVER EXPRESS COURIER EQUIPMENT PARTS GENERAL 91534 $107.39 RAK INDUSTRIES OPERATING SUPPLIES-GENERAL TRAFFIC SIGNALS 91535 $821.25 RAY, LEE OTHER CONTRACTED SERVICES SOFTBALL 91536 $113.63 RC IDENTIFICATIONS INC OPERATING SUPPLIES-GENERAL COMMUNITY CENTER ADMIN 91537 $10,602.88 RMR SERVICES INC MERCHANDISE FOR RESALE WATER METER READING 91538 $97.50 SCHMIDT, KURT OTHER CONTRACTED SERVICES SOFTBALL 91539 $1,280.00 SCHOENBERG, MARLENE CONFERENCE IN SERVICE TRAINING 91540 $6,383.61 SHAKOPEE VALLEY PRINTING PRINTING COMMUNITY BROCHURE 91541 $923.78 SHERWIN WILLIAMS CO BUILDING MATERIALS NESBITT / PRESERVE PARK K16 91542 $60,959.16 SHORT ELLIOT HENDRICKSON INC DESIGN & CONST CEDAR FOREST UTILITY CONSTRUCT 91543 $469.12 SNAP-ON TOOLS SMALL TOOLS EQUIPMENT MAINTENANCE 91544 $34.09 SOKKIA MEASURING SYSTEMS* OPERATING SUPPLIES-GENERAL ENGINEERING DEPT 91545 $12,597.63 SRF CONSULTING GROUP INC DESIGN & CONST TRAFFIC SIGNAL-MITCHELL RD 91546 $29.52 ST JOSEPH EQUIPMENT INC EQUIPMENT PARTS EQUIPMENT MAINTENANCE 91547 $459.38 STANDARD SPRING CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 91548 $118.94 STAR TRIBUNE LEGAL NOTICES PUBLISHING CITY CLERK 91549 $303.55 STOFFEL SEALS CORP PRINTING INSPECTION-ADMIN 91550 $372.15 SUBURBAN TIRE & AUTO SERVICE I TIRES EQUIPMENT MAINTENANCE 91551 $4,784.90 TEC ELECTRIC IMPROVEMENT CONTRACTS VARIABLE SPEED DR WELL CTR7-10 91552 $330.00 TESSMAN SEED CO CHEMICALS PARK MAINTENANCE 91553 $3,580.99 TKDA DESIGN & CONST WELL 14 91554 $852.00 TOP NOTCH TREECARE OTHER CONTRACTED SERVICES TREE REMOVAL 91555 $94.24 TWIN CITY OXYGEN CO LUBRICANTS & ADDITIVES EQUIPMENT MAINTENANCE 91556 $84.70 UNIFORMS UNLIMITED CLOTHING & UNIFORMS INSPECTION-ADMIN 91557 $3.97 UNLIMITED SUPPLIES INC EQUIPMENT PARTS EQUIPMENT MAINTENANCE 91558 $69,844.32 VALLEY PAVING INC ASPHALT OVERLAY STREET MAINTENANCE 91559 $300.71 VAUGHN DISPLAY & FLAG OPERATING SUPPLIES-GENERAL ELECTION 91560 $42.78 VOSS LIGHTING REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 91561 $1,076.10 WATER SPECIALITY OF MN INC CHEMICALS POOL MAINTENANCE 91562 $455.68 WATSON CO INC, THE MERCHANDISE FOR RESALE CONCESSIONS 91563 $375.00 NORWEST BANK MN N.A. PAYING AGENT 92 STATE AID DEBT 91564 $877.53 WESTSIDE EQUIPMENT BLDG REPAIR & MAINT EQUIPMENT MAINTENANCE 91565 $6.06 WOLF CAMERA INC PHOTO SUPPLIES FIRE 91566 $1,457.05 ZIEGLER INC CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE $3,461,552.17* • )S CITY COUNCIL AGENDA DATE: SECTION: Ordinances and Resolutions October 3, 2000 SERVICE AREAJDIVISION: ITEM DESCRIPTION: ITEM NO: Administration Ordinance Amending City Code Section 2.05, Chris Enger, City Manager SUBD 3,Relating to Compensation for Mayor and A. 4 Councilmembers Requested Action Move to: Approve the 1st and 2nd readings of an ordinance amending City Code Section 2.05, Subd. 3,relating to Compensation for the Mayor and Members of the City Council. Synopsis In order to appropriately support City Council activities and communication, it is necessary to amend the section of the City Code that relates to compensation for the Mayor and the City Council. Background The current City Code does not provide compensation for Councilmember assignments to participate in scheduled meetings in support of City business nor does it have provisions for payment to support technological communications. City Council members are experiencing increased demands for their time and participation in City- related business and must deal with expectations for electronic communications both with staff and residents. Attachments Ordinance 1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2000 AN ORDINANCE AMENDING SECTION 2.05, SUBD. 3, OF THE CITY CODE WHICH RELATES TO COMPENSATION FOR THE MAYOR AND MEMBERS OF THE CITY COUNCIL. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, HENNEPIN COUNTY, MINNESOTA, ORDAINS: Section 1. City Code Section 2.05, Subd. 3 is amended by adding B.5. and paragraph C. as follows: SECTION 2.05. SALARIES OF MAYOR AND COUNCILMEMBERS. Subd. 3. In addition to the above, B. 5. For Council assignments to participate in scheduled meetings in support of City business. C. The Mayor and each Councilmember may be paid $100.00 each month in recognition of costs incurred by them for technological communications and equipment. Section 2. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety,by reference, as though repeated verbatim herein. Section 3. This Ordinance shall become effective from and after its passage and publication on January 1, 2001. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 3rd of October, 2000, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 3rd day of October, 2000. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris,Mayor PUBLISHED in the Eden Prairie News on CITY COUNCIL AGENDA DATE: SECTION: Appointments October 3, 2000 SERVICE AREAJDIVISION: ITEM DESCRIPTION: ITEM NO: Management Services Student Representatives to Boards and A. Natalie Swaggert,Director Commissions •A Requested Action Move to: Appoint Benjamin Mathews, Richard Greywitt, Jr. and Jonathan Erickson as Student Representatives to the Parks and Recreation Citizen Advisory Commission to a term beginning November 2000 through May 2001. Move to: Appoint Jaclyn Matzen, Rachael Harlos, and Amber Swiggum as Student Representatives to the Human Rights and Diversity Citizen Advisory Commission to a term beginning November 2000 through May 2001. Move to: Appoint Kathleen Luther, Christopher Pesheck, and Elise Johnson as Student Representatives to the Heritage Preservation Commission to a term beginning November 2000 through May 2001. Move to: Appoint Isabelle Chan,Amanda Mount, Corbin Hilgemann, Paul Hanna, Greg Swaim, and Shang Wang as Students At-Large to a term beginning November 2000 through May 2001. Synopsis The 2000-2001 Student Representatives to Boards and Commissions program expands the number of students appointed to each Commission to three. Three Commission appointments are being made to three Commissions — Human Rights and Diversity Citizen Advisory Commission, Heritage Preservation Commission, and Parks and Recreation Citizen Advisory Commission. A Student Representative At-Large Program, providing exposure to the City Council and six advisory Boards and Commissions will be piloted to determine student interest. Background In 1992, the City Council initiated a program to provide student residents in Eden Prairie with the opportunity to serve on City Commissions as non-voting members. The program has grown and changed over time to reflect modifications made to the City's Boards and Commissions. Attachments: Student Representatives At-Large Program CITY BOARDS AND COMMESSIONS Student Representative At-Large Program The Student Representative At-Large program is established to encourage high school student involvement and participation at the local government level. The program will provide student representatives with an opportunity to attend and participate in six City Advisory Boards and Commissions: Statutory Boards and Commissions • Community Planning Board Board of Adjustments and Appeals Heritage Preservation Commission Program Boards and Commissions Community Program Board Human Rights and Diversity Citizen Advisory Commission Parks and Recreation Citizen Advisory Commission In addition, students will audit a City Council meeting. The program runs from November through May. Each month, student representatives will attend one Board or Commission meeting. • Student representatives will receive the Agenda and meeting packet prior to the meeting. • Students will have the opportunity_to participate in discussion,but will not vote. • A Staff"Mentor"will be assigned to the Student Representative at-large team to provide background information, coordinate monthly communications and address student interests or concerns. • • The Vice Chair of each participating Board or Commission will be asked to provide a brief orientation to the students prior to the start of the meeting and assist student participation during the meetings. CITY BOARDS AND COMMISSIONS STUDENT REPRESENTATIVES AT-LARGE PROGRAM TEAM A DATE BOARD/COMMISSION LOCATION Tuesday, November 21 City Council Meeting City Council Chambers, 7:00 p.m. Monday, December 4 Parks and Recreation Citizen Advisory City Council Chambers, 7:00 p.m. Commission Tuesday, January 9 Human Rights and Diversity Citizen Prairie Room NB, 7:00 p.m. Advisory Commission Tuesday, February 27 Community Program Board City Council Chambers, 7:00 p.m. Monday, March 19 Heritage Preservation Commission Prairie Room NB, 7:00 p.m. Thursday,April 12 Board of Adjustments and Appeals City Council Chambers, 7:00 p.m. Monday, May 14 Community Planning Board City Council Chambers, 7:00 p.m. TEAM B DATE BOARD/COMMISSION LOCATION Tuesday, November 21 City Council Meeting City Council Chambers, 7:00 p.m. Monday, December 18 Heritage Preservation Commission Prairie Room NB, 7:00 p.m. Thursday, January 11 Board of Adjustments and Appeals City Council Chambers, 7:00 p.m. Monday, February 12 Community Planning Board City Council Chambers, 7:00 p.m. Tuesday, March 13 Human Rights and Diversity Citizen Prairie Room NB, 7:00 p.m. Advisory Commission Monday, April 2 Parks and Recreation Citizen Advisory City Council Chambers, 7:00 p.m. • Commission Tuesday, May 22 Community Program Board City Council Chambers, 7:00 p.m. • nlgroupslm8rsoffice16d&commproj20001Studentat large itineruy.doc qj September28,2000 • CITY BOARDS AND COMIVIISSIONS Student Representative At-Large Program The Student Representative At-Large program is established to encourage high school student involvement and participation at the local government level. The program will provide student representatives with an opportunity to attend and participate in six City Advisory Boards and Commissions: Statutory Boards and Commissions Community Planning Board Board of Adjustments and Appeals Heritage Preservation Commission Program Boards and Commissions Community Program Board Human Rights and Diversity Citizen Advisory Commission Parks and Recreation Citizen Advisory Commission In addition, students will audit a City Council meeting. The program runs from November through May. Each month, student representatives will attend one Board or Commission meeting. • Student representatives will receive the Agenda and meeting packet prior to the meeting. • • Students will have the opportunity to participate in discussion,but will not vote. • A Staff"Mentor"will be assigned to the Student Representative at-large team to provide background information, coordinate monthly communications and address student interests or concerns. • The Vice Chair of each participating Board or Commission will be asked to provide a brief orientation to the students prior to the start of the meeting and assist student participation during the meetings. CITY COUNCIL AGENDA DATE: SECTION: Reports of City Manager October 3,2000 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO: Administration Smith/Douglas/More House Chris Enger, City Manager �. I I . Requested Action No action requested. Synopsis Recommend that the City Council take the results of the Community Forum/Survey (available February 2001) into account in making the decision to market the Smith Douglas More House for lease or sale for adaptive reuse. Background The City will conduct a Community Forum on October 27 and 28, 2000, with a follow-up community-wide Survey in late December. The purpose of the 2000 Community Forum/Survey is to gain insight from residents (through a multi-phased survey process) on future park, recreation and leisure needs to help the City plan for needs to support a vital community, protect natural resources, preserve our heritage and reflect our community's diversity and changing demographics. We did not receive responses to the RFP for Professional Real Estate Services to: • Develop a Market Feasibility Report for the lease or sale of the historic Smith Douglas More House for maximum return on the City's investment and restoration of the exterior of the house within parameters of adaptive reuse • Market the property for lease or sale for maximum return within the framework of the adaptive reuse There are several alternative ways to proceed with marketing the property for lease or sale for adaptive reuse,however, additional valuable information could be obtained from the Community Forum/Survey process. We would recommend the Council take into account the results of the Community Forum/Survey in February 2001 as part of their marketing decision. CITY COUNCIL AGENDA DATE: SECTION: Reports of City Manager October 3,2000 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO: Administration Heritage Preservation Commission Meeting Place ChrisEnger, City Manager Requested Action Alternative Motion—Move to: Amend Resolution 2000-08 to designate the new location for meetings of the Heritage Preservation Commission as the Cummins-Grill House AND/OR Alternative Motion—Move to instruct staff to include the change in meeting location of the Heritage Preservation Commission to the Cummins-Grill House in the 2001 Resolution designating the official meeting dates,times and locations OR Alternative Motion—Move to enable the Heritage Preservation Commission to hold individual meetings at the Cummins-Grill House by: • • Amending the City Council Resolution in advance of each meeting to be held at the Cummins-Grill House; and • Providing for public notice by: - Official publication of change in meeting location in the Eden Prairie News at least 10 days prior to the date of the meeting — Posting the meeting date change at the City Center at least three days prior to the meeting — Notifying all persons having indicated interest in receiving notices of the HPC — Notifying the Office of the City Manager for purposes of updating the Councilmember Calendar — Notifying the Communications Coordinator for purposes of updating the City's Web Site, Community News and daily bulletins. OR No action Synopsis At the August 1, 2000, City Council meeting Mayor Harris instructed staff to look into what would be necessary to allow the Heritage Preservation Commission to meet at the Cummins- Grill House. Several options are available to the City Council if the decision is to change the meeting location of the Heritage Preservation Commission. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2000- A RESOLUTION AMENDING RESOLUTION NO. 2000-08, DESIGNATING THE OFFICIAL MEETING DATES, TIME AND LOCATION FOR CITY COUNCIL APPOINTED BOARDS & COMMISSIONS IN 2000. BE IT RESOLVED, that the City Council of the City of Eden Prairie, Minnesota, amends Resolution 2000-08 by changing the Heritage Preservation Commission meeting location to the Cummins Grill House, 13600 Pioneer Trail, effective through December 31, 2000. ADOPTED by the Eden Prairie City Council this 3rd day of October, 2000. Jean Harris, Mayor ATTEST: Kathleen Porta, City Clerk City Council Agenda 10/03/2000 Heritage Preservation Commission Meeting Place Page 2 Background The City Council adopted Resolution 2000-08 at the January 4, 2000, Council Meeting designating official meeting dates, times, and locations for all Council,Boards and Commissions meetings for the year. The resolution established both standardized meeting times (7:00 p.m.) and location (City Center) to provide the public with consistent open access to City Council, Board and Commission meetings. The changes were made to reflect the City Council's Value Statement, "to actively seek information through an open process" and the Strategic Initiative, "to provide effective,timely and open communication channels for City residents and businesses." The City Center was acquired and designed to provide the public with much-needed meeting space and improved access to City programs and services. Staff support is on site providing easy access to resources including records, supplies, equipment and technology. The building is supervised and handicapped accessible. The facility provides lighted, maintained parking and custodial and maintenance services are available. If the Council wishes to have the Heritage Preservation Commission meet at the Cummins-Grill House for the balance of 2000, the appropriate action is to amend Resolution 2000-08 to designate the new location. If the Council wishes to set all or specific meetings of the Heritage Preservation Commission for 2001 at the Cummins-Grill House,the appropriate action would be to instruct staff to include the change in the 2001 Resolution designating the official meeting dates,times and locations. If the Council wishes to periodically change the meeting place of the Heritage Preservation Commission to the Cummins-Grill House,the appropriate process would require the Council to amend the Resolution in advance of the meeting and provide for public notice as follows: • Official publication of change in meeting location in the Eden Prairie News at least 10 days prior to the date of the meeting • Post the meeting date change at the City Center at least three days prior to the meeting • Notify all persons having indicated interest in receiving notices of the BPC • Notify the Office of the City Manager for purposes of updating the Councilmember Calendar • Notify the Communications Coordinator for purposes of updating the City's Web Site, Community News and daily bulletins. In the event of a "special" meeting of the Heritage Preservation Commission, notice must be given as specified in City Code Section 2.07 Special Meetings in the same manner as required for City Council meetings. Attachment: Resolution No.2000-08—Resolution Designating The Official Meeting Dates, Time And Location For City Council Appointed Boards And Commissions In 2000 3 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO. 2000-08 A RESOLUTION DESIGNATING THE OFFICIAL MEETING DATES, TIME AND LOCATION FOR CITY COUNCIL APPOINTED BOARDS & COMMISSIONS IN 2000. BE IT RESOLVED, that the City Council of the City of Eden Prairie, Minnesota and the City Council appointed Boards and Commissions will meet at 7:00 p.m. in the Eden Prairie City Center, 8080 Mitchell Road, Eden Prairie, Minnesota as scheduled below. Additional workshops may be called if determined necessary by the Commission Chair and the Staff Liaison. Any regularly-scheduled meeting which occurs on a day when elections are held within the city limits of Eden Prairie will begin at 8:00 p.m. Robert's Rules of Order will prevail. Board / Commission Scheduled Meeting Dates Board of Adjustments and Appeals 2nd Thursday Board of Review Thursday,April 20 and Tuesday,May 9 City Council 1st&3rd Tuesdays 7:00 p.m. (Workshops 5:00 p.m. &Council Forum 6:35 p.m.) Community Planning Board 2nd and 4th Mondays Community Program Board 4th Tuesday Flying Cloud Airport Advisory Commission 1st Wednesday—February,May,August and November Heritage Preservation Commission 3rd Monday Human Rights&Diversity Citizen Advisory 2nd Tuesday,January—June and Commission September—November Parks&Recreation Citizen Advisory Commission 1st Monday in even months Art&Culture Citizen Advisory Commission 2nd Monday in odd months Environmental Education Citizen Advisory 2nd Thursday January—June and Commission September—November ADOPTED by the Eden Prairie City Council this 4th day of January 2000. Jean Harris, Mayor ATTEST: Kathleen Porta, City Clerk `'1 CITY COUNCIL AGENDA DATE: October 3,2000 SECTION: Reports of the Director of Public Works Services SERVICE AREA/DIVISION: ITEM DESCRIPTION: LC. 96-5406 ITEM NO.: Engineering Services Award Contract for Highview Drive/Lakeland Alan D. Gray Terrace Area Improvements X Requested Action Move to: Award Contract for T.C. 96-5406 (Highview Drive/Lakeland Terrace Area Improvements) to S.J. Louis Construction,Inc. in the amount of$645,868.18. Synopsis Five bids were received as shown on the attached Summary of Bids. The low bid in the amount of$45,868.18, submitted by S.J. Louis Construction, Inc., is $84,368 (15%) above the feasibility construction costs estimate. All of the increase in cost is for street construction. The majority of additional cost is for subgrade correction recommended based on the soil types found during soil borings. There may be an opportunity to reduce the amount of subgrade correction in the current contract or substitute an alternative method at a reduced price. Staff recommends award of the contract to begin utility installation. Staff will work with the contractor and consultants to consider alternative subgrade treatments based on the soils that are encountered on the project. Background Information This project provides sanitary sewer and water service to twenty-two existing homes and two building sites; street improvements to fifteen existing homes and sanitary sewer access to three undeveloped land parcels. The project was ordered based on public hearings on July 20, 2000 and July 18, 2000. Please were approved and bids were opened September 15, 2000. Attachments Summary of Bids I CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO. RESOLUTION ACCEPTING BID WHEREAS,pursuant to an advertisement for bids for the following improvement: LC. 00-5517—Flagship Corporate Center Median and Turn Lane Improvements Bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids; and WHEREAS,the City Engineer recommends award of Contract to Si. Louis Construction, Inc., as the lowest responsible bidder. NOW, 'THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter in a Contract with , in the name of the City of Eden Prairie in the amount of$ in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on October 3, 2000. Jean L. Harris,Mayor ATTEST: SEAL Kathleen A.Porta, City Clerk SUMMARY OF BIDS HIGHVIEW DRIVE/LAKELAND TERRACE AREA IMPROVEMENTS LC. 96-5406 BIDDER AMOUNT S.J. Louis Construction, Inc. $645.868.18 S.R. Weidema, Inc. $666,516.10 Barbarossa and Sons, Inc. $766,149.20 Northdale Construction $829,069.61 Richard Knutson, Inc. $874,900.75 CITY COUNCIL AGENDA DATE: October 3,2000 SECTION: Reports of the Director of Public Works Services SERVICE AREA/DIVISION: ITEM DESCRIPTION: I.C. 00-5517 ITEM NO.: Engineering Services Award Contract for Flagship Corporate Center Mary Krause Median and Turn Lane Improvements G Requested Action Move to: Award Contract for I.C. 00-5517 for Flagship Corporate Center Median and Turn Lane Improvements Synopsis Sealed bids will be received on Monday, October 2, 2000. A report of bid results and a recommendation will be provided at the Council Meeting, Tuesday, October 3, 2000. State statues require a period of 10 days of public notification for advertising which results in October 3, 2000 as the earliest date to receive bids based on this project's schedule. Consideration of the award on October 3, with hand carried reports can facilitate a fall construction and completion schedule which will accommodate a spring occupancy of Flagship Corporate Center. Background Information The plans and specifications for the construction of the median opening on Prairie Center Drive at the Flagship Corporate Center have been prepared in accordance with the Developer's Agreement for the Flagship Corporate Center for which the Developer (Opus) entered into an assessment agreement regarding financing of the project. A second phase, which will include driveway access to Technology Drive, will be completed and brought forward to Council at a later date. • Attachments To be presented at the Council meeting.